Digital Commons Network^™

Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver

Journal Articles

The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.

National Socialism And The Rule Of Law, Donald P. Kommers

Journal Articles

Ingo Muller's book, originally published in 1987 as Furchtbare Juristen: Die unbewaltigte Vergangenheit unserer Justiz (literally "Dreadful Jurists: The Remorseless Past of Our Judiciary"), describes the moral collapse of the German legal profession and its role in facilitating the construction and maintenance of the Nazi regime. Gracefully translated by Deborah Lucas Schneider, Hitler's Justice seeks, first, to show how legal professionals betrayed their trust as lawyers, prosecutors, and judges and, second, to assess the degree to which Germany in the postwar period reformed its legal system, purged the judiciary of former Nazis, and rededicated itself to the rule of law. …

Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell

Journal Articles

Can the United Nations (UN or Organization) send military forces into civil war without the consent of the parties to the conflict? To date, it never has, but with the end of the Cold War, the Organization is in a position to think again about its proper role in civil war. During the past year, the Security Council has had requests to intervene in the civil wars in Iraq, Yugoslavia, and Somalia. So far, the UN has sent troops to Iraq and Yugoslavia but only after getting the consent of all parties.

The Security Council's recent decisions conform with the …

Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick

Journal Articles

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.

Tort Law: The Languages Of Duty, Jay Tidmarsh

Journal Articles

Summarizing the developments in Indiana tort law is a daunting, perhaps impossible task. In more than 115 reported opinions, state and federal courts wrestled with issues, many of them issues of first impression, which ranged across the spectrum of tort law. A constant thread runs through many of these cases. The thread is duty. Time and again during the past year, Indiana courts were required to decide whether a particular set of facts gave rise to a duty of care by the defendant or an obligation of avoidance by the plaintiff.

Some of the cases involved novel legal duties, while …

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

This Article envisions a new order for public education in this country. Pursuant to the new order, a free market under appropriate government regulation rather than unchecked political authority would determine the flow of public aid to various schools. Such an order would enable parents to choose what kind of school, secular or sectarian, presents the most desirable educational environment. The new arrangement would also provide incentives for quality education, as schools now run by the state government would have to compete on an even field with schools that currently receive no public funds.

It has been almost twenty years …

Unattainable Justice: The Form Of Complex Litigation And The Limits Of Judicial Power, Jay Tidmarsh

Journal Articles

Part I begins the inquiry by describing the practical and theoretical factors that have led various courts and commentators to label particular types of litigation "complex." Although all the definitions provide important data about the nature of complex litigation, none capture its full breadth. Thus, the task of the Article's next two Parts is to develop a formal and inclusive definition. Part II builds the theoretical framework for the definition by describing the form of adjudication and the positive assumptions of modern civil litigation.

Next, Part III demonstrates that complex litigation arises from the friction between the real-world problems outlined …

Role Of Imitation In Language Assessment Tests, Abha Gupta

Teaching & Learning Faculty Publications

A study investigated whether imitation plays a significant role in the acquisition of grammar. Three 6- to 8-year-old hearing-impaired children were administered the Grammatical Analysis of Elicited Language--Simple Sentence Level Test (GAEL), which is designed to evaluate hearing-impaired children's use of grammatical aspects of spoken and/or signed English. Subjects' verbal responses to the "imitated" component (in which subjects were asked to say just what the tester said) of the GAEL were transcribed and analyzed. Results indicated that imitated speech is neither longer nor grammatically more advanced than non-imitated, spontaneous speech. Findings suggest that the children produced "unique" language structures to …

Kidwatching Going Beyond The Language Of The Test, Abha Gupta

Teaching & Learning Faculty Publications

A study examined the linguistic forms in the discourse of speakers during a language test to indicate why they use certain specific forms over others. Ten children were given the Grammatical Analysis of Elicited Language--Simple Sentence Level Test (GAEL), a language proficiency test for hearing-impaired children in the age group of 4 to 8 years. Three students were videotaped during administration of the test, and the other students' final responses (omitting the intermediate discourse) were recorded. Some of the test items on which the maximum number of children deviated from the target response were analyzed for common traits and classified …

Probabilistic Determination Of Failure Load Capacity Variations For Lattice Type Structures Based On Yield Strength Variations Including Nonlinear Post-Buckling Member Performance, Leander Anton Bathon

Dissertations and Theses

With the attempt to achieve the optimum in analysis and design, the technological global knowledge base grows more and more. Engineers all over the world continuously modify and innovate existing analysis methods and design procedures to perform the same task more efficiently and with better results. In the field of complex structural analysis many researchers pursue this challenging task. The complexity of a lattice type structure is caused by numerous parameters: the nonlinear member performance of the material, the statistical variation of member load capacities, the highly indeterminate structural composition, etc. In order to achieve a simulation approach which represents …

Constitutional Theory Beyond Left And Right, Gerard V. Bradley

Journal Articles

Hadley Arkes: Beyond the Constitution. (Princeton: Princeton University Press, 1990. Pp. 288. $24.95.)

Hadley Arkes's latest book is Beyond the Constitution and it is virtually a tour de force. Author of The Philosopher in The City and First Things, in the new work Arkes persuasively criticizes both liberal and conservative constitutionalism as well as their common legal theoretical base, displaying all the while the philosophical astuteness and elegant prose his prior work has accustomed readers to expect. Anyone remotely interested in constitutional law should read this book.

Love And Power: The Rule Of Religion And Morality In American Politics, Gerard V. Bradley

Journal Articles

Perry, Michael J. Love and Power: The Rule of Religion and Morality in American Politics. New York: Oxford University Press, 1991. viii + 218 pp. $29.95

The author's introduces this sequel to his Morality, Politics, and Law as an extended gloss on John Noonan's statement that the "central problem of the legal enterprise is the relation of love to power." The renown of its author ensures that Love and Power will become a focal point in legal academic discussion of its central concern: the proper relation between morality, particularly religious morality, political choice, and public deliberation "in a morally …

First Florida Specimens Of The Shiny Cowbird, William Post

Florida Field Naturalist

No abstract provided.

Winter Report: December 1991 - February 1992, Florida Field Naturalist

Florida Field Naturalist

No abstract provided.

Overproduction Of The E Protein Of Bacteriophage Øx174, Mohan U. Shenoy

Theses and Dissertations

No abstract provided.

Issue Of Personal Choice: The Competent Incurable Patient And The Right To Commit Suicide, The, Rebecca C. Morgan, Thomas C. Marks Jr., Barbara Harty-Golder

Missouri Law Review

Medicine has made many advances in prolonging life artificially. As a result, people who in the past would have been sent home to die, can have life prolonged for months and years by artificial medical technology. These people are in limbo, alive, but not having life. American society has great reverence for life including, apparently, the kind of life that may be given through artificial life-prolonging procedures. Consequently, the quality of a patient's life, many times is eclipsed by the medical profession's ability to sustain that patient's physical existence through artificial medical procedures. This Article hypothesizes that an incurably-ill competent …

Table Of Contents To Issue 4

Missouri Law Review

Table of Contents to Issue 4

Reasonable Use Rule In Surface Water Law, The, Jennifer S. Graham

Missouri Law Review

"Surface water" is a term used to describe water that occurs "on the surface of the earth in places other than definite streams or lakes or ponds."' The primary sources of surface water are falling rain and melting snow, but it may originate from any source. This Comment is not meant to explore some new aspect of surface water law, as there is seemingly no area left untouched by scholars. Instead, this Comment is meant to update the status of surface water law in each of the fifty states and the District of Columbia. It will also touch upon the …

Discovery Of Attorney-Expert Communications: Current State Of, And Suggestions For, Federal And Missouri Practice, Dan Nelson

Missouri Law Review

In a products liability action the plaintiff's attorney engages an expert witness to testify at trial on behalf of the attorney's client. The defense attorney for the product manufacturer also plans to call an expert witness at trial. During discovery the plaintiff's attorney suspects that the defense expert's opinions are wholly the creation of the defense attorney.

Rambo I: The Missouri Supreme Court Vs. The Wrongful Death Statute--Prelude To The Sequel, Michael T. Kokal

Missouri Law Review

Rambo v. Lawson answered the question left open by O'Grady v. Brown. O'Grady determined that a wrongful death cause of action existed for the death of a viable fetus. The O'Grady court, however, did not decide the question of whether a wrongful death cause of action existed for the death of a non-viable fetus. First, Rambo refused to breathe substantive life into the Missouri anti-abortion statutes beyond the abortion context. Second, and perhaps even more interesting for the future of Missouri wrongful death law, was the concurring opinion in Rambo written by Judge Robertson. Judge Robertson's opinion is significant because …

Surprised By Fish, Alessandra Lippucci

University of Colorado Law Review

No abstract provided.

Deterrence, Perjury, And The Heater Factor: An Exclusionary Rule In The Chicago Criminal Courts, Myron W. Orfield, Jr.

University of Colorado Law Review

No abstract provided.

Gerrymandering The Classification Issue In Chapter Eleven Reorganizations, Linda J. Rusch

University of Colorado Law Review

No abstract provided.

Table Of Contents (Vol. 63, Issue 2)

University of Colorado Law Review

No abstract provided.

Liberals And Balancing, Robert F. Nagel

University of Colorado Law Review

No abstract provided.

The Constitution In Context: The Continuing Significance Of Racism, T. Alexander Aleinikoff

University of Colorado Law Review

No abstract provided.

The Forgotten Victims, Suzanna Sherry

University of Colorado Law Review

No abstract provided.

A Comment On Aleinikoff, Richard Delgado

University of Colorado Law Review

No abstract provided.

The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes

Publications

No abstract provided.

Why And To Whom Do Constitutional Meta-Theorists Write?- A Response To Professor Levinson, David M. Ebel

University of Colorado Law Review

No abstract provided.