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Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon

Faculty Articles

Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.

Impact Fees: The Reno Experience: A Comprehensive Description Of Program Development, D. Christopher Windecker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Godley & Cripps, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes.

• Shaikh, A., PhD. (1985, April 14). Wayne Godley and Francis Cripps’ macro-economics: Stock and flow relations, basic algebra, unbiased spending, and corrected algebra [Handwritten notes; unpublished manuscript].

• Shaikh, A., PhD. (1985, October). The basic problem in the Godley-Cripps adjustment mechanism [Handwritten notes; unpublished manuscript].

• Shaikh, A., PhD. (1992, January 13). Comparing Keynesian and Monetarist assumptions [Handwritten notes; unpublished manuscript].

• Shaikh, A., PhD. (n.d.). Programming model for the Harrodian system [Handwritten notes; unpublished manuscript].

The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy

LLM Theses and Essays

The United States is one of the few nations where private airline ownership and more than one carrier are permitted, but traditionally the airline industry was heavily regulated by the Civil Aeronautics Board (CAB) with direct regulation of routes, rates, entry, and exit. However with the Airline Deregulation Act of 1978 and the International Air Transportation Competition Act of 1979, Congress removed many restrictions on the airline industry and allowed airlines to make their own economic decisions and operate as traditional commercial enterprises. Although deregulation has produced many benefits like improved efficiency, reduced costs, and a wider range of services, …

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …

Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh

LLM Theses and Essays

Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …

Projective And Non-Projective Systems Of First Order Nonlinear Differential Equations, Riad A. Rejoub

University of the Pacific Theses and Dissertations

It is well established that many physical and chemical phenomena such as those in chemical reaction kinetics, laser cavities, rotating fluids, and in plasmas and in solid state physics are governed by nonlinear differential equations whose solutions are of variable character and even may lack regularities. Such systems are usually first studied qualitatively by examining their temporal behavior near singular points of their phase portrait.

In this work we will be concerned with systems governed by the time evolution equations [see PDF for mathematical formulas]

The x_i may generally be considered to be concentrations of species in a chemical …

The Needle In The Haystack: Towards A New State Postconviction Remedy, Henry B. Robertson

DePaul Law Review

No abstract provided.

The Gift Of Opportunity, Randall J. Gingiss

DePaul Law Review

No abstract provided.

Warren V. Society National Bank: Fiduciary Duties And Recovery Of Damages For Breach Under Erisa, Charles M. Dyke

DePaul Law Review

No abstract provided.

Book Review Of The Promise Of Trinitarian Theology, By Colin E. Gunton, Fernando L. Canale

Faculty Publications

No abstract provided.

Book Review Of Old Testament Grace, By Jon Dybdahl, Jacques R. Doukhan

Faculty Publications

No abstract provided.

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Articles

David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …

Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck

Seattle University Law Review

This Article first reviews what a study of the 1986 Tort Reform Act reveals to be problems created by that Act for negotiators of settlements in tort suits. These problems are greatest for fault-free plaintiffs. Next, a summary of the previous law governing joint and several liability provides an understanding of these problems and the changes negotiators should make in their negotiation strategies. The court's success in avoiding the mandated disaster for the Workers Compensation Fund raises the possibility that the court may also provide fault-free plaintiffs with an easier escape from the perils and pitfalls created by the Act …

Keynote Address: Predators And Politics, Norval Morris

Seattle University Law Review

The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.

The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks

Seattle University Law Review

This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …

Sources Of Security, Julie Shapiro

Seattle University Law Review

The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics …

Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.

Seattle University Law Review

In this Symposium Article, the author discusses Washington’s Sexually Violent Predator Act, RCW 71.09.060, from a psychiatrist’s perspective.

Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto

Seattle University Law Review

This Comment will address two questions: (1) whether the Washington law is substantially similar to or fundamentally different from the Illinois statute; and (2) whether the Washington statute should be upheld as a constitutional exercise of the state's civil commitment authority under Allen v. Illinois. This Comment argues that the Washington scheme is fundamentally different from the Illinois statute under Allen because it is essentially a lifetime preventive detention scheme and therefore fails to meet the constitutional requirements set forth in Allen. To that end, Part II of this Comment generally explores the involuntary commitment of sex offenders, …

The Doctrine Of Lesser Included Offenses, Kyron Huigens

Seattle University Law Review

This Article attempts to bring the early lesser included offense cases back to life, to uncover the origins and deeper logic of the doctrine, and to re-introduce the older, elegant solutions to the doctrine’s central problems back into current practice. With regard to the first part of State v. Workman’s two-pronged standard, this Article explores the innate wisdom of the classic elements test and a failed attempt to supplant it and then proposes changing it. With regard to the second prong, this Article proposes a wholesale replacement of the current formulation on the ground that it is fundamentally flawed. This …

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.

A Report On The 1992 Cms Theory Pedagogy Institute, Michael R. Rogers

Journal of Music Theory Pedagogy

No abstract provided.

Reader’S Response: The Americanization Of Solmization - A Response To The Article By Timothy A. Smith ‘A Comparison Of Pedagogical Resources In Solmization Systems’, Micheál Houlahan, Philip Tacka

Journal of Music Theory Pedagogy

No abstract provided.

System Design Quality And Efficiency Of System Analysts: An Automated Case Tool Versus A Manual Method, Satomi H. Sugishita

UNF Graduate Theses and Dissertations

The purpose of the current research study is to find out if CASE tools help to increase the software design quality and efficiency of system analysts and designers when they modify a system design document. Results of the experimental data analysis show that only the experience level of subjects had an effect on quality of their work. Results indicated that the design methods, either CASE tools or manual, do not have a significant effect on quality of the modification task nor the efficiency of system analysts and designers.

The Non-Problem Of Political Correctness, Randall C. Schluter

Iowa Journal of Communication

The PC hysteria probably will pass, as the mass media shifts its attention to fresher news. The nation's educational agenda is much too crowded for manufactured stories about the "new McCarthyism" to hold center stage for long. The real danger of this highly publicized academic "problem" is the residue of attitudes that might remain, influencing policy decisions about course content, educational approach, and even hiring. It is unlikely that any instructors will be tarred as PC Brown Shirts, but educator should take seriously the charges by Searle and other traditionalists that alternative perspectives are intellectually illegitimate. An educator worried about …

Iowa Journal Of Speech Communication, Volume 24, Number 1, Spring 1992 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

Real Politics: A Comment On "The Non-Problem Of Politcal Correctness", William Lewis

Iowa Journal of Communication

"Political correctness" is a label with an attitude. While it seems to have begun as an ironic reference by left-leaning academics to their own predilections, it quickly became a weapon in the hands of their opponents. "Political correctness" came to stand, not for the positions of the left, but for their (allegedly) dogmatic attitude and for their predictable responses to academic and political issues. Stories of persecution at the hands of the "PC police" have become commonplace, and those opposing political correctness have featured themselves (and have been featured in much of the national media) as a beleaguered minority fighting …

Establishing Fault In Collision Cases, Joseph Sweeney

Faculty Scholarship

No abstract provided.

The Concept Of Baseline Risk In Tort Litigation, Vern R. Walker

Hofstra Law Faculty Scholarship

This Article examines what is meant, or should be meant, by "normal risk," and how to determine what the "normal risks" are in a given situation. This Article proposes a new legal concept "baseline risk.'' The objective is to design a concept of baseline risk that should prove useful in tort litigation by clarifying what is meant by "normal risk" and providing a well-defined concept upon which a reevaluation of traditional tort concepts might rest. A more precise notion of "normal risk" may assist in improving the designs of such traditional tort concepts as "unreasonable risk," "abnormally dangerous activity," "product …

Remembering Emotional Events, Alafair Burke, Friderike Heuer, Daniel Reisberg

Hofstra Law Faculty Scholarship

Recent experiments have implied that emotional arousal causes a narrowing of attention and, therefore, impoverished memory encoding. In contrast, other studies have found that emotional arousal enhances memory for all aspects of an event. We report two experiments investigating whether these differing results are due to the different retention intervals employed. in past studies or to their different categorization schemes for the to-be-remembered- material. Our results indicate a small role for retention interval in moderating emotion’s effects on memory. However, emotion had markedly different impacts on different types of material: Emotion improved memory for gist and basic-level visual information and …