Digital Commons Network^™

Corporate Political Speech, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.

Copyright Misuse As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, John Baker Mcclanahan

Washington and Lee Law Review

No abstract provided.

Theory And Research In Social Education, Volume 20, No. 1, Winter 1992, Jack R. Fraenkel

Theory and Research in Social Education

No abstract provided.

Report, Hazardous Materials As Secondary Results Of Flooding: A Case Study Of Planning And Response, 1992, Elaine J. Denning

Natural Hazards Center Collection

"The objective of this study is to examine the organizational response to hazardous materials incidents after flooding with regard to the regulations, procedures, and planning that governed affected localities."

Acer 1991-1992, 62nd Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

This annual report examines recent changes in Australian education. Two strong emerging trends emerging are: increasing participation rates as more young people stay in the formal education system beyond the compulsory years and a shift in focus from the input in education to outcomes and sharpening of the way in which the outcomes are defined. The report includes: (1) Director's Comment: Competence or Expertise?; (2) Highlights of the Year for ACER; (3) Research and Development Activities (Overview of Themes, Beyond the Compulsory School Years; Cognition, Technology and the Classroom; Teachers and Teaching; Educational Management and Change; Assessment and Reporting; Measurement …

The Bill Of Rights: A Century Of Progress, John Paul Stevens

University of Chicago Law Review

No abstract provided.

The New First Amendment Jurisprudence: A Threat To Liberty, Charles Fried

University of Chicago Law Review

No abstract provided.

Liberties, Fair Values, And Constitutional Method, Frank I. Michelman

University of Chicago Law Review

No abstract provided.

Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner

University of Chicago Law Review

No abstract provided.

Religious Freedom At A Crossroads, Michael W. Mcconnell

University of Chicago Law Review

No abstract provided.

An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson

St. Mary's Law Journal

Kent v. United States was the first in a series of majority decisions by the United States Supreme Court which fixed constitutional minimum requirements for the juvenile justice system. This decision follows case law establishing the adjudication phase of the process: a right to notice of charges, to confrontation and cross-examination of witnesses, not to be compelled to incriminate oneself, and to counsel. Shortly afterwards, the Court established the constitutional requirement the government must prove its charges in juvenile court beyond a reasonable doubt. Finally, the Court determined the Double Jeopardy Clause of the Constitution applies in the juvenile process. …

Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham

St. Mary's Law Journal

Abstract Forthcoming.

Living In Limbo: Single Asset Reorganizations Within The Financially Distressed Fifth Circuit., Thomas J. Meaney

St. Mary's Law Journal

Abstract Forthcoming.

Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait

Utah Law Review

Biased evidence rules, those that permit one party to use a kind or class of evidence while prohibiting the other from using it, give adversaries unequal weapons. Truth seems less likely to emerge from an adversarial testing when participants do not have the same devices to demonstrate strengths and weaknesses in the competing claims. Since a good evidence law should aid the determination of truth, neutral evidence rules should be required. In reality, however, all evidence principles are not impartial between the parties. The Federal Rules of Evidence sometimes grant evidentiary mechanisms to just one class of parties. Although principles …

The Orphan Drug Act: An Unconstitutional Exercise Of The Patent Power, John J. Flynn

Utah Law Review

In 1983, Congress adopted the Orphan Drug Act (the "Act") pursuant to its power to regulate interstate and foreign commerce to stimulate research and development of drugs useful in treating relatively rare diseases. The cost of drug research and complying with the complex requirements for securing governmental approval to market drugs left many illnesses "orphans." "Rationally maximizing" drug manufacturers did not care about the illness from a research and marketing viewpoint because of the lack of sufficient economic incentives to engage in research and undertake the governmental approval process for marketing safe and effective drugs to treat "orphaned" diseases. Between …

Desuetude, Due Process, And The Scarlet Letter Revisited, Cory R. Chivers

Utah Law Review

American courts do not often mention the obscure civil law doctrine known as the doctrine of desuetude.' Under its tenets, courts may abrogate statutes that have fallen into disuse. American courts do not employ the doctrine, however. The "American Rule" is that disuse, or desuetude, does not give courts the power to nullify or disregard a statute. One simple explanation for the American Rule is that courts normally do not abrogate legislative enactments without a constitutional violation, and courts have not viewed desuetude as a constitutional issue. However, as Professor Bickel observed exactly three decades ago, the doctrine of desuetude …

Lloyd Burton, American Indianwater Rights And The Limits Of Law, John S. Harbison

Utah Law Review

Is it not the case that these citizens are faced with severe and complicated resource-allocation problems in need of solutions? That when it takes a decade or more to resolve these problems under our current system, we have not much to lose. That the costs may not be more than those we currently bear, and if they are they may be worth paying? That the plethora of state and federal agencies and courts grappling with these problems is a source of substantial ineffectiveness itself? And I would summon Lon Fuller one last time: the demand on our imagination is "a …

The Problem Of Proxies With Interests Of Their Own: Toward A Better Theory Of Proxy Decisions, John Hardwig

Utah Law Review

Patient autonomy is the cornerstone of our medical ethics. Given this commitment to autonomy, proxy decisions will always strike us as problematic; it is always more difficult to ensure that the wishes of the patient are embodied in treatment decisions when someone else must speak for the patient. And proxy decisions are especially disturbing when we fear that the proxy's judgment is tainted by his own interests, so that the proxy is covertly requesting the treatment he wants the patient to have, rather than the treatment the patient would have wanted. This problem of interested proxies is exacerbated by the …

The Roles Of The Family In Making Health Care Decisions For Incompetent Patients, Leslie P. Francis

Utah Law Review

This Article is about the roles of the family in making health care decisions for incompetent patients. It argues that complex moral reasons call for the participation of families in decision making for incompetents. However, these moral reasons do not support a single model of the family's role for all incompetents. Rather, they suggest important differences among the roles family members should play in decision making for different kinds of incompetent patients: formerly competent adults, never competent adults, or infants and children.

Barnard V. Utah State Bar And Public Access To Private Entities Which Carry Out Governmental Functions: Is This Bar A Private Club?, David B. Dellenbach

Utah Law Review

Barnard carves out a significant 'exception to the cases liberally allowing public access to state bar records. One might argue that in light of Daily GazetteY- Sadler, and Florida's recent move to an open disciplinary process," the Barnard decision represents a step backward to the era of secrecy. Barnard is not a throwback to the former era, however, because it represents a situation in which there was little public interest in access, yet a significant interest in privacy. Courts and legislatures should compel public access from state bars because they carry out governmentally-delegated functions, not merely because they hope to …

Diversity!, Paul D. Carrington

Utah Law Review

Diversity! has become the nor de guerre of an aggressive movement among law students and teachers, and some other members of American academic institutions. Although miniature in the numbers it commands, the style of the movement threatens to harm relations and institutions. It promises benefits to few. Despite Diversity's proclaimed connection with the civil rights movement, its premises and aims conffict with those of that movement. This Article is written to encourage resistance among those who care about the law and the institutions of law teaching, and to encourage opposition by those who care about civil rights.

Be No More Children: An Analysis Of Article I, Section 4 Of The Utah Constitution, Brad C. Smith

Utah Law Review

The basic concern of the drafters of the Utah Constitution, from the time Utah was settled up to the time the current constitution was drafted, was to secure the free exercise of religion. The concern was deliberate and essentially self-serving: the Mormons wanted to be free of federal authorities and the vigorous enforcement of federal anti-polygamy laws and to govern themselves according to their unique values. Establishment of religion, as currently understood, was never part of their program. Equality among religious denominations, refusal to establish an official state church, and a refusal to fund religious worship were secondary guarantees to …

Alumni Quarterly - Issue No. 42, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Frank M. Coffin Lectureship Established
• Faculty News
• The Class of 1991
• Law School Hosts Forensic Child Psychiatry Workshop
• Annual Dinner

Alumni News

Alumni Quarterly - Issue No. 44, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• The Third Year Program Ethics and Class Action Suits
• Faculty News
• Commencement 1992
• Alumni News

Using Portfolios To Assess Academic Progress And Academic Self-Concept, Cynthia A. Burger

Graduate Research Papers

One of the most positive trends occurring in large-scale assessment is the use of portfolio assessment. The purpose of this study was to determine if providing language arts students with the opportunity to be assessed by the portfolio method provides students with a greater understanding of their academic progress and to determine if a higher level of student self-efficacy exists when using the portfolio method instead of the traditional report card method of assessment. The control group, consisting of twenty-two sixth graders, received no opportunity to use the portfolio method of assessment in a language arts class. Instead they received …

The Importance Of Teaching Problem Solving, Edward Dvorak

Graduate Research Papers

Each day mathematics teachers and their students go through the daily routine of solving basic textbook mathematical problems. The teacher discusses the basic concept that is being studied and then assigns a number of problems. The assignment is generally limited to performing algorithmic computations in a rote manner. Problem solving is limited or nonexistant.

Split- And Multiple-Images In Filmic Presentations: Concise Information Or Multiple Confusion?, Barbara J. Erickson

Graduate Research Papers

Because there is more than one panel with moving pictures being viewed simultaneously, many questions can be posed about the audience's ability to process and interpret the multiple images, the construction of intended messages, and the appropriateness and ramifications of the use of this type of technique in moving visual mediums. The question central to this study will deal with analyzing the split/multiple moving image technique: How does the use and arrangement of multiple images or panels influence the viewer's interpretation of the message? Further, through a review of previous studies, an attempt also will be made to learn the …

Early Childhood Education In Japan Compared With Developmentally Appropriate Practice Guidelines In The United States, Nancy B. Gaies

Graduate Research Papers

The purpose and content of early childhood education in a culture reflect the culture and serve to maintain it. Also, they reveal the culture's perceptions of childhood and its expectations for its people. Each young child represents a fresh chance for· teachers to mold an ideal person for that culture. The content of early childhood education is created by interaction among the history of the culture, the present conditions in the culture, and the perceived future of the culture. An historical perspective is therefore important.

Using The Writing Portfolio To Reflect Reading Progress At The First-Grade Level, Roberta Kay Hass

Graduate Research Papers

Maintaining portfolios of students' writings has become a popular means of assessing both students' progress and program effectiveness in writing at the first-grade level. The strong relationship that exists between writing processes and reading processes indicates that writing portfolios may provide a productive source of information for a teacher in assessing first-grade students' progress in reading processes as well as in writing ability. The purpose of this literature review is to provide a background of information and a rationale that will support the use of writing portfolios to assess both writing and reading processes at the first grade level.

Effective Instruction In Developing Strategic Readers, Linda S. Jermeland

Graduate Research Papers

A recent trend in educational research is looking into a child's own knowledge about reading. This would include cognitive operations such as information storage and retrieval, planning, regulating, monitoring and evaluating (Moore, 1982). This was brought about by the return to cognitive and developmental psychology in the 1970's when researchers were investigating how children learn to read. It was hoped that a sequence of skills associated with successful reading could be identified. This would in turn lead to implications for types of interventions needed in children's learning.