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1992

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Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr Jan 1992

Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr

Faculty Works

When an animate, conscious body - individual, collective, economic or political - is imbued with a strong central vision or focus, the ongoing actions of the body automatically become coordinated and subordinated to the dictates of that core imagery. When the center is affirmative and qualitative, then the body has a distinct capacity for self-sufficiency, endurance, and equilibrium. If, however, the central focus is negative or linear, then the capacity for internal homeostasis is greatly lessened. A core of fear, anger, or endless material craving can prompt the exercises of power that herein will be called irresponsible. Such exercises of …


Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer Jan 1992

Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer

Scholarly Works

This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …


Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben Jan 1992

Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben

Faculty Works

No abstract provided.


Law Schools Should Be About Justice Too, Henry Rose Jan 1992

Law Schools Should Be About Justice Too, Henry Rose

Cleveland State Law Review

Millions of low and middle-income Americans face legal problems every day. Most cannot afford an attorney. What is remarkable about these legal problems is that they are ignored by legal educators. American law schools, the training ground for our lawyers, do not focus on the civil legal problems of low and middle income persons. American law students are taught to focus on the legal problems of persons or entities able to pay for legal services. Not only are the common legal problems of Americans not studied in our law schools, the maldistribution of legal services in the society is barely …


On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver Jan 1992

On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver

Cleveland State Law Review

The Justice Mission Conference had a special resonance for me. The Conference was an affirmation of the values that have led me to Touro, as well as a springboard for changes in my own teaching. The Conference nurtured inclinations and aspirations to furthering social justice through our teaching, our scholarship, and the way we relate to our students, to each other and to the world at large. The papers in this symposium memorialize the Conference's richness of insight and experience. The purpose of this essay is to reflect on the immediate and potential ongoing impact the Conference had on me …


Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani Jan 1992

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani

Cleveland State Law Review

Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …


Section 1983 And The Collateral Source Rule, Linda L. House Jan 1992

Section 1983 And The Collateral Source Rule, Linda L. House

Cleveland State Law Review

This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …


The Justice Mission Of The Law Schools, Linda Greene Jan 1992

The Justice Mission Of The Law Schools, Linda Greene

Cleveland State Law Review

A Conference on the Justice Mission of the Law Schools is timely, and Martin Luther King, Jr.'s words about being “a drum major for justice” offer to us a vision of that mission. They demand that we reexamine the role of the law school to determine whether we have taken into account the question of justice while ordering our institutional priorities. The title of this conference implicitly asks whether we can continue to reproduce legal culture without evaluating the impact of that culture on both the powerful as well as the powerless. Legal educational institutions cannot right all historical wrongs …


A Dedication To Bob Mckay, James P. White Jan 1992

A Dedication To Bob Mckay, James P. White

Cleveland State Law Review

No abstract provided.


The Justice Mission Of American Law Schools, David Barnhizer Jan 1992

The Justice Mission Of American Law Schools, David Barnhizer

Cleveland State Law Review

Justice has been seen by many scholars as a premise about which much can be said but virtually nothing either proved or disproved through the application of the methodologies that provide the grounding for science. While justice is undeniably representative of a slippery and evasive set of concepts, it paradoxically reflects the fundamental values of Western society without which we cannot hold together the thin tissue of political organization that we call the "Rule of Law." As is described in the latter part of this article, justice is in fact a simple meta-principle, one about which we need not be …


Table Of Contents, Cleveland State Law Review Jan 1992

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Masthead, Cleveland State Law Review Jan 1992

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed Jan 1992

Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed

Cleveland State Law Review

It appeared at the Justice Mission Conference that there was general consensus on several matters. First, there seemed to be considerable support for "bringing more doses of reality into the classroom." Second, many faculty wished to encourage a greater sense of professional service among their students. Third, a good number of criminal justice section members observed that capital case decisions of the United States Supreme Court were fine vehicles for class discussion of essential issues. In keeping with these views, I have concluded that I will once again include in my upcoming seminar course an opportunity for students to assist …


Research And The Justice Mission Of Law Schools, Mark Tushnet Jan 1992

Research And The Justice Mission Of Law Schools, Mark Tushnet

Cleveland State Law Review

There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal curriculum, and-at least in the contemporary law school-definitions of justice are part of the jurisprudence syllabus. Because the concept of justice is not self-defining, conceptual inquiry into the meaning of justice, a traditional mode of legal research, is recurrently needed. In this way, research is tightly linked to the justice mission of law schools. In this piece, I move from global concerns--jurisprudence in …


Personal Values And Professional Ethics, Geoffrey C. Hazard Jr. Jan 1992

Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.

Cleveland State Law Review

My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …


Personal Sketches: The Experience Of Role Strain For Fifteen Married, Full-Time Employed Women With Children, Monika Bilger Jan 1992

Personal Sketches: The Experience Of Role Strain For Fifteen Married, Full-Time Employed Women With Children, Monika Bilger

Theses

Not available.


"Death Is Different" And Other Twists Of Fate, Deborah W. Denno Jan 1992

"Death Is Different" And Other Twists Of Fate, Deborah W. Denno

Faculty Scholarship

Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most …


The Value Of Hebeler Children's School, Janet Lucille Smith Jan 1992

The Value Of Hebeler Children's School, Janet Lucille Smith

All Master's Theses

This thesis consists of a historical review of laboratory schools at Central Washington University. It is supplemented by the results of two informal surveys of in-service teachers who graduated from Central, along with present and retired faculty, administrators, teachers, and others connected and concerned with the education of teachers (see Appendices A and B). The surveys focus on the perception of the role of laboratory school experience in teacher preparation. Also included are interviews and correspondence with persons connected to Central and its laboratory schools (see Appendix C). Recommendations were given for opportunity to explore, study and identify the roles …


A Study Of The Summer Steelhead, Oncorhynchus Mykiss In Several Intermittent Tributaries Of The Satus Creek Basin, Washington, Joel Denney Hubble Jan 1992

A Study Of The Summer Steelhead, Oncorhynchus Mykiss In Several Intermittent Tributaries Of The Satus Creek Basin, Washington, Joel Denney Hubble

All Master's Theses

The summer steelhead, Oncorhynchus mykiss population was studied in three intermittent tributaries in the Satus Creek Basin. There was a strong tendency for post emergent fry, resulting from redds located in intermittent reaches to move downstream. However, survival to perennial flow conditions was very low. Steelhead production in Dry Creek appears to be lower than in Logy Creek, because of elevated water temperatures and minimal spring and summer stream flow.


A Prophet Inequality Related To The Secretary Problem, Theodore P. Hill, Ulrich Krengel Jan 1992

A Prophet Inequality Related To The Secretary Problem, Theodore P. Hill, Ulrich Krengel

Research Scholars in Residence

Let Z1, Z2 , .. . , Zn be independent 0-1-valued random variables. A gambler gels a. reward 1 if he stop8 a.t the time of the last success and otherwise gets no reward. A simple comparison with a Poisson process is used to show that a prophet can do at most e times as well as the gambler using an optimal stopping time. For fixed n, the best constant is (n/(n -l ))"-1.


Frieda Gernant Christmas Card Collection, Zach S. Henderson Library Special Collections Jan 1992

Frieda Gernant Christmas Card Collection, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of the materials for a museum exhibit of the work of Frieda Gernant, Professor Emerita of Art at Georgia Southern University. Materials include an inventory list, exhibit materials, and fifty-five years of homemade Christmas cards designed by Gernant from 1935-1990.

Find this collection in the University Libraries' catalog.


Fielding Dillard Russell Papers, Zach S. Henderson Library Special Collections Jan 1992

Fielding Dillard Russell Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of Dr. Fielding Dillard Russell’s professional files during his tenure as Professor of English and Chair of the Department of Languages at Georgia Southern College. Materials include correspondence, clippings, class notes, student work, and articles on English literature. Some materials and photographs provide genealogical information on the Russell family.

Find this collection in the University Libraries' catalog.


Table Of Contents Jan 1992

Table Of Contents

Journal of Maritime Law and Commerce

No abstract provided.


The Law Of Seaman Status Clarified, David W. Robertson Jan 1992

The Law Of Seaman Status Clarified, David W. Robertson

Journal of Maritime Law and Commerce

No abstract provided.


Strengthening The Presumption Of Validity For Choice Of Forum Clauses, Michael F. Sturley Jan 1992

Strengthening The Presumption Of Validity For Choice Of Forum Clauses, Michael F. Sturley

Journal of Maritime Law and Commerce

No abstract provided.


Book Reviews Jan 1992

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.


Tribal Considerations In Comity And Full Faith And Credit Issues, B. J. Jones Jan 1992

Tribal Considerations In Comity And Full Faith And Credit Issues, B. J. Jones

North Dakota Law Review

No abstract provided.


North Dakota Supreme Court Review, North Dakota Law Review Associate Editors Jan 1992

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.


Lytae, 1992, Western New England College. School Of Law Jan 1992

Lytae, 1992, Western New England College. School Of Law

LYTAE

No abstract provided.


Entering Students, 1992, Western New England College. School Of Law Jan 1992

Entering Students, 1992, Western New England College. School Of Law

Entering Students

No abstract provided.