Digital Commons Network^™

Proposal For The Maritime Surveys In Tunisia, Mongi Beji

World Maritime University Dissertations

No abstract provided.

Suggestions Of Some Requirements For Effective Surveys Of Ships For Further Development Of Maritime Safety In Trinidad And Tobago, Garnet Best

World Maritime University Dissertations

No abstract provided.

An Analysis Of Oil Pollution From Ships : A Need For A Subsidiary Legislation In Malaysia, Rosnan Bin Fathlal

World Maritime University Dissertations

No abstract provided.

A Study Of The Methodologies Currently Available For The Maintenance Of The Knowledge-Base In An Expert System, Kai Teh

Theses: Doctorates and Masters

This research studies currently available maintenance methodologies for expert system knowledge bases and taxonomically classifies them according to the functions they perform. The classification falls into two broad categories. These are: (1) Methodologies for building a more maintainable expert system knowledge base. This section covers techniques applicable to the development phases. Software engineering approaches as well as other approaches are discussed. (2) Methodologies for maintaining an existing knowledge base. This section is concerned with the continued maintenance of an existing knowledge base. It is divided into three subsections. The first subsection discusses tools and techniques which aid the understanding of …

Performance Attributes Of Talented Schoolboy Australian Rules Football Players, Philip R. Badock

Theses: Doctorates and Masters

The purpose of the study was to investigate the relationship between selected psychological characteristics and performance of a group of talented young Australian Rules football players. The study group consisted of 50 of the best identified schoolboy 15 year old Australian Rules football players in Western Australia. From this group 25 boys were selected to represent Western Australia at the Australian School Sports Council National Football Championships. The selected psychological characteristics were competitive anxiety (trait and state), competitive sport orientation (competitiveness, win and goal orientation) and sport confidence (trait and state). Performance was measured, first, by the selection or non …

Sticks And Stones Can Break My Name: Nondefamatory Negligent Injury To Reputation, Katharine B. Silbaugh

Faculty Scholarship

If a reputation is injured, does it matter whether defamation is the cause? Injury to reputation differs from other items of damage a plaintiff enumerates. Tradition links it to particular tortious conduct-defamation-on the part of a defendant. This Comment examines ordinary negligent conduct as an alternative ground for recovery for injury to reputation.

Proving The Law, Gary S. Lawson

Faculty Scholarship

Interpretative theory has become a major growth industry over the past two decades. Legal academics in particular have invested heavily in the enterprise, producing a burgeoning literature that addresses many of the most important problems of legal interpretation.1 The discussion to date, however, has largely neglected one critical aspect of interpretative theory: the selection of appropriate standards of proof for legal propositions. That neglect will not bother or surprise interpretative skeptics who doubt the utility of searching for "true" or "better" meanings of texts, but it ought to prove troubling to any theorist who wants to make absolute or comparative …

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Scholarly Works

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …

Detection And Estimation Of Outliers In Low-Resolution Saturated Factorial Experiments, George F. Cretekos

Theses

The detection and estimation of outliers in a saturated factorial experimental setting is researched and discussed. Methods for detection and estimation are developed and tested in both simulated and "real" data sets. The techniques developed proved themselves useful in both detection and estimation of outlying values. The simulated data sets also showed how an outlier can affect the interpretation of an experiment depending on the number and sizes of active effects and on the amount the outlying value is actually shifted.

Arbitrator And The Double Jeopardy Clause: Does The Postman Always Ring Twice - United States V. Reed, The, David A. Cole

Journal of Dispute Resolution

When an arbitrator's decision is adverse to one party, does the double jeopardy clause2 prohibit further pursuit of the claim by the successful party? With the rising emphasis being placed on arbitration clauses in collective bargaining agreements, it was only a matter of time before this question arose in the workplace. In United States v. Reed3 the Eleventh Circuit established the test for determining if an arbitrator's decision invokes the double jeopardy clause.

Green Design: A Guide To Environmentally Responsible Graphic Design, Jitinan Paisansathan

Theses

Not Included

The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon

Faculty Scholarship

By providing a scientific link between the compensatory and deterrence goals of tort law, the Pigovian theory of externalities has had an enormous influence on modem torts scholarship and tort doctrine.

Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall

Faculty Publications

No abstract provided.

Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller

Faculty Publications

No abstract provided.

I Can't Believe I Taped The Whole Thing: The Case Against Vcrs That Zap Commercials, Steven S. Lubliner

UC Law Journal

In Japan, one may now purchase a VCR that can distinguish between the programming and the advertisements, with the result that commercials are not recorded. The threat to television advertising there has led to a standoff between manufacturers of such VCRs and the Tokyo Broadcasting System. Such a machine is not currently available in the United States, but its development is anticipated, and its arrival is being planned for by advertisers.

This Note assumes that VCRs with "automatic commercial avoidance" technology will be introduced in the United States and examines their legal significance in light of policies in the Federal …

Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet E. Ainsworth

UC Law Journal

The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her Article, Professor Ainsworth asserts that the way in which Western scholars to date have analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship.

Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. …

Beyond Cut Flowers: Developing A Clinical Perspective On Critical Legal Theory, Phyllis Goldfarb

UC Law Journal

In her Essay Professor Goldfarb examines the relationship between clinical legal education and critical legal theory. She highlights the resemblances between the two movements while elaborating a clinical educator's perspective on and critique of some of the ideas associated with critical legal studies.

As the heirs to different versions of legal realism--critical legal studies being associated with "rule skepticism," and clinical legal education with "fact skepticism"-both are engaged in a project of theoretical deconstruction. For each the goal of this project is to generate a climate favorable to social change. Professor Goldfarb, however, argues that much of the cls perspective, …

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

UC Law Journal

People with disabilities, especially the impoverished among them, have long been the object of legal advocacy. In the rush of advocacy, lawyers have forgotten that the concept of the disabled, like the concept of the poor, is an artifact of American law and society. It is a thing mediated through ideals and discourses, a thing constructed rather than naturally or necessarily given. The social construction of disability occurs in the daily practices of advocacy, administration, and adjudication. These material practices form the dominant and subordinate visions of the disabled.

The dominant vision of the disabled conjures images of dependence, incompetence, …

Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay

UC Law Journal

Professor Tremblay's Essay addresses "rebellious" lawyering, that strain of lawyering which empowers clients. His Essay seeks to explore some of the institutional and ethical barriers that prevent easy implementation of this powerful and attractive view of lawyering. He describes two strands within rebellious lawyering literature: the "collectivist" theme, which argues that effective lawyering for the poor must include collective, organizing efforts that look beyond intrasystemic relief; and the "client voice" theme, which encourages collaborative, nonhierarchical participation by clients in their legal casework. While these two themes are present in much of the literature, he believes that in some ways they …

The Feminist Transformation Of Lawyering: A Response To Naomi Cahn, Ann Shalleck

UC Law Journal

Professor Cahn persuasively advocates movement beyond identifying as either male or female the different ways of being a lawyer. In her Essay Professor Shalleck explores further three aspects of the feminist transformation of lawyering suggested by Professor Cahn's article. First, despite Professor Cahn's title, a feminist critique of lawyering is not about "styles"; it is about the nature of the lawyer's actions and ways of understanding that activity. Second, the feminist project is not about simply expanding the available ways women and men can act and think as lawyers. This step neither creates new options nor develops effective challenges to …

Empathy And Approval, Stephen Ellmann

UC Law Journal

Professor Ellmann's Essay suggests that the positive judgment latent in empathy need not remain so veiled. On the contrary, clients often need, and lawyers should be able to offer, a more wholehearted confirmation of client feelings-a positive judgment and endorsement, of part or all of the client's world view, that he calls approvaL The functions of such explicit approval are somewhat different from, and potentially inconsistent with, those of empathy. Lawyers can effectively make use of both these techniques, but they are not interchangeable, and a recognition of the potential value of approval not only adds a technique to lawyers' …

Styles Of Lawyering, Naomi R. Cahn

UC Law Journal

In her Article, Professor Cahn explores issues concerning the identification of male and female styles of lawyering. She first examines the elements of what some might label a female style of lawyering-that is, one based on an ethic of care. She then critiques this model and its underlying assumptions. Rather than identifying as female one particular style of lawyering, she believes that many different styles of lawyering exist, and that using feminist legal theory helps uncover these styles, figure out when they are useful in litigation, and how they can help transform litigation.

Professor Cahn also examines the role in …

The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard Boldt, Marc Feldman

UC Law Journal

Although the Realist critique of Langdellian educational practice has been widely accepted, Professors Boldt and Feldman demonstrate how the impact of this critique is minimized because of the disjointed way in which it is presented in the classroom. They offer an account of an integrated reconception of legal doctrine. They describe their attempts to break down the barriers in legal education and in the legal profession more generally by uncovering the doctrinal and rhetorical strategies employed by actors within the legal system to disclaim the political dimension of law and to reinforce a sense of institutional powerlessness.

Lawyers And Caring: Building An Ethic Of Care Into Professional Responsibility, Theresa Glennon

UC Law Journal

In the last decade, a new literature has arisen, grounded in feminism, reconsidering morality, identity, and moral development. Professor Glennon applies these feminist-based ideas about moral development to a pedagogy of responsibility. She explores some of the ways in which this alternative view of moral development might affect our understanding of teaching. Professor Glennon shows that students must view themselves as capable, cared-for, and empowered in order to achieve an enlarged self-definition of professional responsibility and conceive of themselves as professionals in ways other than the dominant, privatized mode.

Arming The Pregnancy Police: More Outlandish Concoctions?, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Emotions abound when encountering a newborn with disabilities which will inevitably lead to an early death or to a less than whole and healthy life. It is especially painful when such disabilities were preventable. Anger swells, fingers are pointed, fault is assigned, initiatives are promised, tears are shed. To seek to assure that more humans are born with sound minds and healthy bodies seems as American as apple pie. Governmental efforts appear appropriate. For several years now, a national debate-often heated and impassioned-has focused on the legal treatment of disabilities attributable to prenatal drug or alcohol use. What, if anything, …

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

Scholarly Works

Professor J.M. Balkin’s recent essay in Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balin’s thesis that a postmodern constitutionalism …

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …

Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.