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1992

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The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy Jan 1992

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, …

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Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang Jan 1992

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 …

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Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh Jan 1992

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 …

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Economic Analysis, Insider Trading, And Game Markets, Boyd Kimball Dyer Jan 1992

Economic Analysis, Insider Trading, And Game Markets, Boyd Kimball Dyer

Utah Law Review

The analysis of the stock market developed in this Article agrees with the view that trading in the stock market by public investors is a zero sum game in which no one investor gains without a corresponding loss to another. It also agrees that in this zero sum game, an inside trader "plays with percentage dice." Since the prohibition against insider trading can only limit and not eliminate insider trading, the obvious question is "why would investors consent to play in a crooked game?" This Article breaks new ground by answering this question. To describe the stock market as a …

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Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait Jan 1992

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 …

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Court Rulemaking In Utah Following The 1985 Revision Of The Utah Constitution, Kent R. Hart Jan 1992

Court Rulemaking In Utah Following The 1985 Revision Of The Utah Constitution, Kent R. Hart

Utah Law Review

In 1985, Utah revised its constitution to grant the Utah Supreme Court power to make rules of procedure and evidence for the courts of the State. The new article eight, section four of the Utah Constitution ("Section Four") provides in part: "The Supreme Court shall adopt rules of procedure and evidence to be used in the courts of the state and shall by rule manage the appellate process" Prior to 1985 and the adoption of Section Four, the legislature possessed authority to adopt rules of procedure and evidence, but delegated that aiithority to the supreme court. Section Four establishes the …

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Recent Developments In Utah Law, Utah Law Review Staff Jan 1992

Recent Developments In Utah Law, Utah Law Review Staff

Utah Law Review

The Recent Developments in Utah Law section consists of brief expositions of selected noteworthy cases decided recently by the Utah Supreme Court and the Utah Court of Appeals, and selected statutes enacted by the 1991 Utah Legislature. Each Development is essentially self-contained.

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Desuetude, Due Process, And The Scarlet Letter Revisited, Cory R. Chivers Jan 1992

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 …

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Wilson V. Seiter. An Unsatisfying Attempt At Resolving The Imbroglio Of Eighth Amendment Prisoners' Rights Standards, Arthur B. Berger Jan 1992

Wilson V. Seiter. An Unsatisfying Attempt At Resolving The Imbroglio Of Eighth Amendment Prisoners' Rights Standards, Arthur B. Berger

Utah Law Review

The Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution is of murky philosophical genesis, has been the subject of discordant interpretation, and has an uncertain fate. Like several other provisions of the Constitution, such as the due process guarantees of the Fifth and Fourteenth Amendments, the meaning of the Cruel and Unusual Punishments Clause, as well as the standards by which alleged violations are judged, has evolved over time. Yet, notwithstanding its enigmatic nature and praxis, the clause has been an historically important source of rights for those resident in our nation's prisons.

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Florida V. Bostick: The Fourth Amendment-Another Casualty Of The War On Drugs, Christian J. Rowley Jan 1992

Florida V. Bostick: The Fourth Amendment-Another Casualty Of The War On Drugs, Christian J. Rowley

Utah Law Review

"Our Nation, we are told, is engaged in a 'war on drugs.'" Unfortunately, the war on drugs has prompted many police departments, government agencies, and members of the public to promote extremely oppressive anti-drug tactics. Some of the individuals immersed in the "drug war" implicitly justify these new, constitutionally marginal police measures as necessary in light of the seriousness of the national drug problem. The current United States Supreme Court has apparently reached a similar conclusion.

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State V. Ramirez- Strengthening Utah's Standard For Admitting Eyewitness Identification Evidence, Anne E. Whitehead Jan 1992

State V. Ramirez- Strengthening Utah's Standard For Admitting Eyewitness Identification Evidence, Anne E. Whitehead

Utah Law Review

Traditionally, the credibility of eyewitness identifications has been left to the jury, and the procedure used to obtain an out-of-court identification affected the weight, rather than the admissibility, of the identification at trial. Over the past 100 years, however, psychological research on memory and perception has highlighted the fact that "in most cases eyewitness testimony is partially unreliable and highly susceptible to numerous influences." Furthermore, this growing body of scientific research has challenged the presumption that jurors have the ability to understand the problems inherent in eyewitness identifications.

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Naomi Wolf, The Beauty Myth: Howimages Of Beauty Are Used Against Women, Anne C. Levy Jan 1992

Naomi Wolf, The Beauty Myth: Howimages Of Beauty Are Used Against Women, Anne C. Levy

Utah Law Review

What has happened to the ideal world which the "liberated" woman of the '70s envisioned for herself in the ensuing decades? That vision has been replaced with a harsh reality. Today, the world presents her not with the opportunity to experience the joy of continued movement toward self-fulfillment, power, and prestige, but rather with a need to constantly struggle to overcome gnawing and unsatisfiable feelings of inadequacy and low selfesteem reinforced by an ideal which always exceeds her grasp. Far from having attained the goals of the early women's movement, the woman of the '90s is more tired than energetic, …

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Lloyd Burton, American Indianwater Rights And The Limits Of Law, John S. Harbison Jan 1992

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 …

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Intergenerational Responsibility And Family Obligation: On Sharing, Lee E. Teitelbaum Jan 1992

Intergenerational Responsibility And Family Obligation: On Sharing, Lee E. Teitelbaum

Utah Law Review

The question of what family members owe to each other has become acute for a number of reasons: some demographic; some economic; and some social. The issue, of course, is an old one. During the sixteenth century, support for those who were disabled through youth (typically orphans and abandoned children), age, or infirmity was first a matter for private charity and, when that failed, became a matter of local responsibility. However, the cost of local responsibility was soon recognized, and recognition was swiftly followed by efforts to minimize the public obligation by, for example, punishing those who were "voluntarily" disabled-vagrants …

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Bioethics And The Family. The Cautionary View From Family Law, Carl E. Schneider Jan 1992

Bioethics And The Family. The Cautionary View From Family Law, Carl E. Schneider

Utah Law Review

This attempt to glean lessons for bioethics from family law has yielded no determinate answers or easy principles. I have suggested that family law has recently struggled to avoid the standards problems. Yet I have argued that each method of doing so is itself importantly flawed and sharply limited. I must confess that, if anything, this survey has been too pessimistic, that it has looked more assiduously for the drawbacks than the benefits of each approach. I should also say that my survey has confined itself to examining broad approaches, rather than seeking the surely valuable lessons to be learned …

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The Roles Of The Family In Making Health Care Decisions For Incompetent Patients, Leslie P. Francis Jan 1992

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.

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Telling Medical Stories: Sharing Information Among Doctors, Patients, And Families, Martha Minow Jan 1992

Telling Medical Stories: Sharing Information Among Doctors, Patients, And Families, Martha Minow

Utah Law Review

Dr. Stephen Hoffiann, in telling the story of his own medical training, revealed an attitude that Dr. Katz would have preferred: "With a magnanimity that borders on the incredible, patients treat us to themselves-that is, if we're lucky enough to really hear them." I would like to consider the stories doctors, patients, and families tell to and about one another as part of an inquiry into the ethics of medical encounters. My most basic question asks how doctors should communicate technical and especially statistical information, and whether they be obliged to ensure that patients and their families understand that information. …

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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 Jan 1992

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 …

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Johnson V. Morton Thiokol And Handbook Disclaimers: Allowing Employers To Have Their Cake And Eat It Too, Todd M. Shaughnessy Jan 1992

Johnson V. Morton Thiokol And Handbook Disclaimers: Allowing Employers To Have Their Cake And Eat It Too, Todd M. Shaughnessy

Utah Law Review

Utah recently joined the growing number ofjurisdictions that recognize limitations on employers' absolute right to terminate employees. This recognition signals a departure from the traditional rule that allowed an employer to terminate an employee for "no cause, good cause, or even cause morally wrong without fear of liability." In particular, the Utah Supreme Court recognized an implied contract exception to the employment-at-will rule. According to the implied contract exception, an employer's promissory representations, including those found in employee handbooks, may be used to limit the employer's absolute discretion to terminate an employment relationship.

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Causation In Fact In Omission Cases, David A. Fischer Jan 1992

Causation In Fact In Omission Cases, David A. Fischer

Utah Law Review

Cause in fact is fundamental to imposing liability in many kinds of civil and criminal actions. The term refers to the causal link between an act or omission and resulting damage or injury. Lawyers, judges, and scholars frequently think of cause in fact as a purely factual question, unaffected by policy issues, that can be resolved adequately under normal burden of proof rules. In contrast, proximate or legal cause rules are explicitly intended to implement policy decisions concerning how far to extend the scope of liability. In routine cases the determination of cause in fact appears to be simple and …

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Reconciliation Of Civil Rights And Civil Liberties After Rav. V. City Of St. Paul: Free Speech, Antiharassment Policies, Multicultural Education, And Political Correctness At Arizona State University, Charles R. Calleros Jan 1992

Reconciliation Of Civil Rights And Civil Liberties After Rav. V. City Of St. Paul: Free Speech, Antiharassment Policies, Multicultural Education, And Political Correctness At Arizona State University, Charles R. Calleros

Utah Law Review

Much has been written in recent years about the rise in racial hostility on college campuses, about "hate speech" codes and educational measures adopted by many public universities in response to the hostilities, and about the issues of free speech and "political correctness" raised thereby. The debate is unlikely to be quieted by the United States Supreme Court's decision in R.AV. v. City of St. Paul, which raises new doubts about the constitutionality of a great many campus antiharassment policies. Some scholars have approached these issues painfully, reluctantly choosing between dearly held principles of equality and freedom of expression. In …

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Effective Modes For Encouraging Faculty Involvement In Interdisciplinary Curriculum Development, Carol I. Lund Jan 1992

Effective Modes For Encouraging Faculty Involvement In Interdisciplinary Curriculum Development, Carol I. Lund

UNF Graduate Theses and Dissertations

The integration of vocational and academic classes is often recognized as an effective method to motivate students and involve them in career preparation. This is also a goal of the dropout prevention efforts of many school districts. In Baker County, Florida, as in other districts, teacher participation in integrative efforts is recognized as a crucial factor. This project examines curricula and instructional and leadership practices that led to the successful implementation of academic and vocational integration in a Florida middle school. The resultant success and modus operandi may be used as a model for encouraging faculty involvement in interdisciplinary curriculum …

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The Efficacy Of Advance Organizers In Upper Elementary School Curriculum, Jean Hopper Jan 1992

The Efficacy Of Advance Organizers In Upper Elementary School Curriculum, Jean Hopper

UNF Graduate Theses and Dissertations

The purpose of this study was to provide a synthesis and evaluation of research regarding the efficacy of using advance organizers as a pre instructional teaching strategy to enhance students' cognitive growth. Additionally, two sample advance organizers are provided as a model for classroom application, along with caveats for advance organizer construction, presentation and usage. The third component of this study was an evaluation of selected advance organizer studies based on the work of Mayer (1979). The conclusion was that advance organizers do facilitate long term retention and conceptual understanding if prepared and presented properly using language and examples relevant …

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The Labyrinth Of The Wind And The Artifice Of Eternity: A Study Of The Lyric Poetry Of William Butler Yeats, Danita Sain Stokes Jan 1992

The Labyrinth Of The Wind And The Artifice Of Eternity: A Study Of The Lyric Poetry Of William Butler Yeats, Danita Sain Stokes

UNF Graduate Theses and Dissertations

This study of the lyric poetry of William Butler Yeats concentrates on his ideas about nature and art, with a focus on the imagery of the wind. Though each of Yeats's poems may be read and enjoyed individually, a study of the body of Yeats's lyric poems gives the reader a better understanding of a symbol such as the wind. As a whole, the poems form a narrative of the development of Yeats's mind; by looking closely at the single symbol of the wind, we gain insight into the development of Yeats's ideas about art and nature. In Yeats's early …

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Sexual Predator Law: The Nightmare In The Halls Of Justice, Robert C. Boruchowitz Jan 1992

Sexual Predator Law: The Nightmare In The Halls Of Justice, Robert C. Boruchowitz

Faculty Articles

The Washington sexually violent predator commitment law presents some of the types of arbitrary legal processes that permeate Franz Kafka's The Trial.

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Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth Jan 1992

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

Faculty Articles

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 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. This …

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Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee Jan 1992

Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee

Faculty Articles

Professor McGee introduces two papers submitted to the 1990 UCLA School of Law seminar entitled Law and Development in Latin America. The first paper, written before the onset of negotiations for a free trade treaty between Mexico and the United States, deals with the then new regulations of the Mexican Secretary of the Treasurer (Secretaria de la Hacienda) designed to sweep away a labyrinth of rules and procedures which had traditionally vexed foreign investors who dealt with the Mexican bureaucracy. The second paper concerns the irony which inheres in Mexico's treatment of Central American immigration, a problem relatively undiscussed in …

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The Effects Of Mood On Memory And Learning : A Logical Learning Theory Approach, Mary L. Wandrei Jan 1992

The Effects Of Mood On Memory And Learning : A Logical Learning Theory Approach, Mary L. Wandrei

Master's Theses

No abstract provided.

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The Role Of Television In The Formation Of Firearm Attitudes, Kyle A. Weeks Jan 1992

The Role Of Television In The Formation Of Firearm Attitudes, Kyle A. Weeks

Master's Theses

No abstract provided.

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Ecological Validity Approach To The Study Of Stress And Stress Appraisal Of Latino Children, Layla P. Suleiman Gonzalez Jan 1992

Ecological Validity Approach To The Study Of Stress And Stress Appraisal Of Latino Children, Layla P. Suleiman Gonzalez

Master's Theses

No abstract provided.

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