Digital Commons Network^™

The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker

Articles by Maurer Faculty

No abstract provided.

An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel

Scholarly Works

With only a small risk of overstatement, one could say that sanctions in civil litigation exploded during the 1980s, with the 1983 amendment to Federal Rule of Civil Procedure 11 acting as the principal catalyst. From 1938 until the 1983 amendment, only two dozen or so cases on Rule 11 were reported, with courts rarely imposing sanctions. Although a few cases were notable by virtue of sanction size, prestige of the firm sanctioned, or publicity attending the underlying case, the legal profession largely regarded Rule 11 as a dead letter. In addition, other sanctions provisions, such as Federal Rule of …

Barnes V. Glen Theatre, Inc.: Nude Dancing And The First Amendment Question, Zachary T. Fardon

Vanderbilt Law Review

Erotic dancers Gayle Sutro, Carla Johnson, and Darlene Miller can no longer dance nude in Indiana. In Barnes v. Glen Theatre, Inc. the United States Supreme Court held that Indiana's prohibition of nude dancing did not violate the First Amendment to the United States Constitution. The Court's holding ended years of controversy and debate over Indiana's public indecency statute.

In 1979, in State v. Baysinger, the Indiana Supreme Court held that Indiana's public indecency statute could be used to prohibit nude dancing. The court stated that the statute could not prohibit some larger forms of expression involving the communication of …

The Effects Of Nicotine Gum On Short Term Memory, Darin Ackre

Undergraduate Theses and Senior Projects

No abstract provided.

The Effects Of Stimulus Complexity On The Perception Of Time In Introverts And Extraverts, Thomas E. Hartman

Undergraduate Theses and Senior Projects

No abstract provided.

The Effects Of Grade, Text Genre And Importance Level On Prose Memory, Tara Miller

Undergraduate Theses and Senior Projects

No abstract provided.

A Study Of Trademarks, Eric C. Johnson

Undergraduate Theses and Senior Projects

No abstract provided.

Why Limit A Good Thing--A Proposal To Apply The California Antilapse Statute To Revocable Living Trusts, Rochelle A. Smith

UC Law Journal

Revocable living trusts have become a standard estate planning tool for avoiding the time, expense, and delay of probate. These popular will-substitutes allow donors to pass property at death and achieve the same result as would be obtained through a testamentary disposition. However, whereas California testators are protected by remedial measures such as the lapse and antilapse statutes, revocable living trustors are not. In California, when a devisee predeceases the testator, lapse and antilapse statutes operate together to terminate those gifts that potentially would pass to strangers while saving gifts devised to family members and passing these gifts directly to …

Data Processing And Government Administration: The Failure Of The American Legal Response To The Computer, Paul Schwartz

UC Law Journal

The use of computers to process vast quantities of data is currently a vital aspect of government administration. In order to centralize control over massive government programs, government agencies commonly implement computerized data processing systems that collect and analyze personal information regarding millions of citizens, and make this information available to numerous government officials. Yet, in contrast to many European countries, the development of American law reflects scant awareness of the dangers of this application of computerized data processing. Professor Schwartz attempts to remedy this problem by developing a legal approach to regulating the government's use of computerized data processing …

On Formally Undecidable Propositions Of Law: Legal Indeterminacy And The Implications Of Metamathematics, Mark R. Brown, Andrew C. Greenberg

UC Law Journal

Recent articles in the Critical Legal Studies literature claim that results from mathematical logic show that no system of law can be formalized so that every dispute is determinate. Specifically, it has been suggested that G6del's Incompleteness Theorem and the works of Lbwenheim and Skolem inform the question whether the law compels outcomes of cases. Because those results prove that certain formal systems of mathematics are necessarily indeterminate, they might suggest that analogous claims are true of the law.

In their Article, Mr. Greenberg and Professor Brown analyze Gbdel's Incompleteness Theorem in an attempt to determine how, if at all, …

A Reexamination Of The Non-Dischargeability Of Criminal Restitutive Obligations In Chapter 13 Bankruptcies, Ann Haberfelde

UC Law Journal

In 1990, the Supreme Court held that criminal restitution was dischargeable as a debt in a Chapter 13 bankruptcy proceeding. Congress subsequently amended the bankruptcy laws to exclude criminal restitution from the debts dischargeable in Chapter 13 proceedings.

This amendment represents the elevation of the states' interest in their criminal laws at the expense of the policies served by the bankruptcy laws. By tracing the origins of criminal restitution as a form of punishment, examining the development of bankruptcy discharge policy, and considering the interrelation of state and federal laws, this Note proposes a more equitable solution. Rather than viewing …

The Policy In Favor Of Settlement In An Adversary System, Stephen Mcg. Bundy

UC Law Journal

In recent years the settlement of pending civil cases has become an avowed goal of federal judicial administration. This Article considers whether this new policy favoring settlement is justified and how the policy ought to be implemented. The new policy differs from prior settlement preferences in rejecting the assumption, basic to the adversary system, that represented parties' decisions to continue litigation generally serve both the parties' and the public interest.

This Article examines the premises of the policy favoring settlement in light of recent changes in federal litigation. Professor Bundy considers the private interest arguments in favor of settlement and …

The Golden State Of Labor Preemption: The Circuit Courts Have Gone Too Far, Tod A. Cochran

UC Law Journal

The doctrine of preemption is widely considered to be the most confusing area in labor law. In 1986, the Supreme Court changed the preemption playing field with its holding in Golden State Transit Corporation v. City of Los Angeles. Golden State and the circuit court interpretations of it expand the degree to which state and local actions are preempted by the National Labor Relations Act (NLRA). This Note argues that many of the circuit decisions have misinterpreted the Golden State doctrine in ways that expressly disadvantage workers and frustrate the principles of the NLRA.

A coherent analytical framework has yet …

Theoretical Studies Of Atmospheric Water Complexes, Xiong Pan

Dissertations and Theses

Intermolecular complexes between Hâ‚‚O and atmospheric species HO, HOâ‚‚, Hâ‚‚Oâ‚‚, O₃, NO and NOâ‚‚ have been studied by ab initio molecular orbital methods. The studies have been performed to the MP2 theory level by using 4-31G, 6-31G, D95, 6-31G**, D95**, 6-311G**, 6-311+G**, 6-311++G**, 6-311+G(2d,lp) and 6-311+G(2d,2p) basis sets. The geometries were fully optimized. The vibrational frequencies were calculated. The Basis Set Superposition Error (BSSE) were estimated. Finally, the binding energies of the complexes were predicted with other thermochemical properties. The binding energies of Hâ‚‚O•HO, Hâ‚‚O•HOâ‚‚, Hâ‚‚O•Hâ‚‚Oâ‚‚, Hâ‚‚O•O₃, Hâ‚‚O•NO and Hâ‚‚O•NOâ‚‚ are estimated to be 5.7±0.6, 8.9±1.0, 7.3±1.3, 1.8±0.2, 1.17 (no …

1992 Faculty Senate Meeting Minutes & Supplementary Materials, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate Meeting Minutes & Supplementary Materials for 1992.

New Light On The Book Of Daniel From The Dead Sea Scrolls, Gerhard F. Hasel

Faculty Publications

No abstract provided.

A Conceptual Model To Assisteducational Leaders Manage Change, John Richard Cochren

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to develop a conceptual model to assistEducational leaders manage change. Research for the study concentrated in the realm of theory development and model building rather than hypothesis testing. The goal of the study was to answer the following research questions: (1) Is there a need for assistance in managing change effectively? (2) Will major components that inhibit change be revealed by a review of the literature? (3) Are the most salient features of the components identified? (4) Can the major components be interrelated in a way that will assist in managing change effectively? The …

Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Analysis Of Power Factor Correction Converters, Thomas Yeh

Theses

Power Converter with capacitive input filter is a non-linear load to the Utility AC power lines. There are widely used as Switch-Mode Power Supplies in office equipment applications ranging from Personal Computers to Office Printers and Copiers. The distorted input current waveform extracted by the capacitive input filter of the power converters produces unwanted harmonics which propagates to other line powered equipments. The harmonic pollutes the AC lines and interferes with the operations of sensitive line powered equipments. The distorted current waveform also leads to inefficient utilization of the available power from the AC outlet. This is because the AC …

Automated Knowledge Acquisition For Knowledge-Based Systems: Ke-Kit, John Parsons Scott

Theses

Despite recent progress, knowledge acquisition remains a central problem for the development of intelligent systems. There are many people throughout the world doing studies in this area. However, very few automated techniques have made it to the market place. In this light, the idea of automating the knowledge acquisition process is very appealing and may lead to a break through. Most (if not all) of the approaches and techniques concerning intelligent, expert systems and specifically knowledge-based systems can still be considered in their infancy and definitely do not subscribe to any kind of standards. Many things have yet to be …

Struggling To Stop The Flood Of Unreliable Expert Testimony, David L. Faigman

Faculty Scholarship

No abstract provided.

Introduction To The Problems Of Acquiring Properties From Partnerships, Corporations, Estates, And Trusts, William T. Hutton

Faculty Scholarship

No abstract provided.

Deconstitutionalizing Justiciability: The Example Of Mootness, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Teacher Adjustments To Multiple And Continuous Change, Cheryll Brounstein

Dissertations and Theses

This study examined the phenomenon of multiple and continuous change and the adjustments teachers made in response to the phenomenon. The research questions posed by this study are: 1. Is there a phenomenon of multiple and continuous change and if so how is it characterized by the participants? 2. Is there an effect of multiple and continuous change on the participants, if so, how do the participants adjust to the phenomenon and how can these adjustments be described? Methodologically, the strategy for this study was designed to allow for the generation of theory since multiple and continuous change has not …

Louisiana Family Law, Christopher L. Blakesley

Scholarly Works

No abstract provided.