Digital Commons Network^™

The Third Man, Philip C. Bobbitt

Faculty Scholarship

Sandy is a divided man. On the one hand he is captivated by the notion of the theoretical and the explanatory, an idea that has captivated all of us since the 17th century. For Descartes, for Newton, for Freud, for Marx, for Levinson: theory is the foundation for understanding, and understanding for practice. How do they calculate the attraction among the planets? They apply the inverse square law according to the theories of Newton. How does Freud cure his patients: he explains to them why they've been behaving so peculiarly; he does this by expositing his theory. How does Marx …

Footprints Of A Regiment, Richard M. Mcmurry

Defending Savannah: History and Archaeology of the Gibson's Point Battery

A historical publication detailing the actions of Sgt. Maj. John T. Cheshire and his accidental encounter with Union Forces on July 5, 1864, annotated by Richard M. McMurry and published by the Longstreet Press in 1992.

Andrews, W. H. Footprints of a Regiment: A Recollection of the 1st Georgia Regulars 1861-1865. Annotated and with an introduction by Richard M. McMurry. Atlanta: Longstreet Press, 1992

Battery Wimberly Report, Lawrence E. Babits

Defending Savannah: History and Archaeology of the Gibson's Point Battery

A preliminary topographical and documentary survey of Battery Wimberly at Wormsloe State Historic Site, published by Armstrong State College in 1992.

Babits, L. E. Battery Wimberly: A Preliminary Topographical and Documentary Survey, Wormsloe State Historic Site, Savannah, Georgia. Savannah, GA: Armstrong State College, 1992.

On The De Bruijn Torus Problem, Glenn Hurlbert, Garth Isaak

Computer Science Technical Reports

A (kn;n)k-de Bruijn Cycle is a cyclic k-ary sequence with the property that every k-ary n-tuple appears exactly once contiguously on the cycle. A (kr, ks; m, n)k-de Bruijn Torus is a k-ary krXks toroidal array with the property that every k-ary m x n matrix appears exactly once contiguously on the torus. As is the case with de Bruijn cycles, the 2-dimensional version has many interesting applications, from coding and communications to pseudo-random arrays, spectral imaging, and robot self-location. J.C. Cock proved the existence of such tori for all m, n, and k, and Chung, Diaconis, and Graham asked …

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Law Faculty Publications

This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle …

Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman

Articles

In this Article, I offer a fundamentally different and nondoctrinaire way of approaching hearsay questions. In brief, I take the view that the resolution of a hearsay dispute, when the declarant is not on the stand, is essentially a matter of deciding who should bear the burden of producing the declarant, or more precisely, how courts should allocate that burden. Adopting a simple procedural improvement, concerning the examination of the declarant if she is produced as a witness, allows the court to allocate the burden optimally. If live testimony by the declarant would be more probative than prejudicial, then most …

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

Articles

I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …

Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross

Articles

Trial by Jury or Judge: Transcending Empiricism,1 by Kevin Clermont and Theodore Eisenberg, is not only an important article, it is unique. To most Americans, trial means trial by jury. In fact, over half of all federal trials are conducted without juries2 (including 31% of trials in cases in which the parties have the right to choose a jury3), and the proportion of bench trials in state courts is even higher.4 And yet, while there is a large literature on the outcomes of jury trials and the factors that affect them,5 nobody else has systematically compared trials by jury to …

An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman

Articles

The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …

Tax Expenditure Budgets: A Critical View, Douglas A. Kahn, Jeffrey S. Lehman

Articles

During the past few months, Tax Notes has featured an extended discussion about the "normalcy" (or lack thereof) of accelerated depreciation. Two contributions to that discussion came from Professor Calvin Johnson of the University of Texas Law School, who disagreed with certain aspects of an article that Professor Kahn wrote in 1979. And the debate shows no sign of slowing down. The interchange over the details of accelerated depreciation offers a useful backdrop against which to consider a more general issue: the intellectual coherence of the tax expenditure budgets. The larger concept of tax expenditures was what motivated Kahn to …

The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner

Articles

Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.

Compiled Correspondence And Newspaper Clippings On The Temporary Protection Status Of Salvadorans, 9 January-26 April 1992, Unknown

Congressman Moakley Papers Documents

No abstract provided.

Sources Of Security, Julie Shapiro

Seattle University Law Review

The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics …

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …

The Spectacularization Of Subjectivity: Media Knowledges, Global Citizenry, And The New World Order, Rhonda Hammer, Peter Mclaren

Education Faculty Articles and Research

"Our understanding of contemporary forms of electronically produced media knowledges has been informed by what we perceive as the changing role of the flaneur in the age of late capitalism-one that is as ominous and drastic as the changes which Benjamin perceived. We suggest that the flaneur no longer provides the service of teaching his or her generation about 'their own objective circumstances;' rather, we suggest that the flaneur, as global newscaster, has transmogrified into the afterimage of fascism."

When Is A Corporate Executive "Substantially Unfit To Serve"?, Jayne W. Barnard

Faculty Publications

The recently enacted Securities Enforcement Remedies and Penny Stock Reform Act of 1990 provides that, in an SEC enforcement action, a federal court may enjoin or "disbar" the defendant from serving in the future as an officer or director of a public company. A court may enter such an order if it finds that the defendant is "substantially unfit" to serve as a corporate executive; the Act, however, does not define "substantial unfitness." In this Article Professor Jayne Barnard provides a framework for defining this term and identifying the defendants to which the Remedies Act should apply. Professor Barnard begins …

Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil

Faculty Publications

No abstract provided.

Avraham Gileadi, The Book Of Isaiah: A New Translation With Interpretive Keys From The Book Of Mormon, Bruce D. Porter

Review of Books on the Book of Mormon 1989–2011

Review of The Book of Isaiah: A New Translation with Interpretive Keys from the Book of Mormon (1998), by Avraham Gileadi

Monte S. Nyman, The Most Correct Book: Why The Book Of Mormon Is The Keystone Scripture, Brian M. Hauglid

Review of Books on the Book of Mormon 1989–2011

Review of The Most Correct Book: Why the Book of Mormon Is the Keystone Scripture (1991), by Monte S. Nyman.

John M. Lundquist And Stephen D. Ricks, Eds., By Study And Also By Faith, Vol. 2, Gregory Dundas

Review of Books on the Book of Mormon 1989–2011

Review of By Study and Also by Faith, vol. 2 (1990), edited by John M. Lundquist and Stephen D. Ricks.

Benjamin Franklin Johnson In Nauvoo: Friend, Confidant, And Defender Of The Prophet, E. Dale Lebaron

BYU Studies

No abstract provided.

End Matter, Vol. 13b

Great Basin Naturalist Memoirs

No abstract provided.

The Violation Of Clarence Thomas' Rights, Trey Dayes

Brigham Young University Prelaw Review

We often assume that law and order will always prevail, that our rights will always be protected. However, this is not necessarily true. Many times the rights granted in the Bill of Rights are neglected. This was the case with Clarence Thomas. The legal process which he endured was not a trial, but a hearing. He was submitted to a gross injustice by the Senate Judiciary Committee. Due to the fact that this was not an actual trial Thomas was not charged with a criminal offence. He was merely under investigation. However, because this was only an investigation, he was …

Review Essay: Ann Rosalind Jones, The Currency Of Eros: Women's Love Lyric In Europe, 1540-1620, Deborah N. Losse

Quidditas

Ann Rosalind Jones, The Currency of Eros: Women's Love Lyric in Europe, 1540-1620, Indiana University Press, 1990, ix, 242 pp., ill., biblio., index, $29.95.

Review Essay: Silvia Ruffo Fiore, Niccolò Machiavelli: An Annotated Bibliography Of Modern Criticism And Scholarship, De Lamar Jensen

Quidditas

Silvia Ruffo Fiore, Niccolò Machiavelli: An Annotated Bibliography of Modern Criticism and Scholarship, Greenwood Press, 1990, 824 pp., $89.50.

Review Essay: Susan K. Hagen, Allegorical Remembrance: A Study Of "The Pilgrimage Of The Life Of Man" As A Medieval Treatise On Seeing And Remembering, Glenn W. Olsen

Quidditas

Susan K. Hagen, Allegorical Remembrance: A Study of "The Pilgrimage of the Life of Man" as a Medieval Treatise on Seeing and Remembering, University of Georgia Press, 1990, xii, 268 pp., biblio., index, $35.00.

Review Essay: John B. Gleason, John Colet, Norman L. Jones

Quidditas

John B. Gleason, John Colet, University of California Press, 1989, 416 pp., $50.00.

Key To Subject Areas, Stephen L. Wood, Donald E. Bright Jr.

Great Basin Naturalist Memoirs

No abstract provided.

Full Issue, Vol. 13a

Great Basin Naturalist Memoirs

No abstract provided.