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The Marian Library Newsletter: Issue No. 33, University Of Dayton. Marian Library

Marian Library Newsletter

No abstract provided.

Grappling With Gender Equality, Jerry R. Parkinson

William & Mary Bill of Rights Journal

In this twenty-fifth anniversary year of the enactment of Title IX of the Education Amendments of 1972, the issue of gender equity in athletics is as divisive as ever. Lawsuits by female athletes and the demise of many men's teams have changed perceptions of Title IX in the 1990s and have provided an impetus for a thorough reexamination of the gender equity issue.

In this Article, Professor Parkinson begins with a brief overview of the regulatory framework governing Title IX's application to athletics. He then examines the legal standards by which the Department of Education's Office for Civil Rights (OCR) …

The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank

William & Mary Bill of Rights Journal

Judicial independence, which first developed in the Anglo-American legal system, is valued by many countries as an important condition for the rule of law. Its existence in any legal system, however, depends on concrete institutional arrangements. In this Article, Professor Plank identifies four institutional elements necessary to establish and maintain an independent judiciary: fixed tenure (with limited exceptions), fixed and adequate compensation, minimum qualifications, and limited civil immunity. The presence of these elements ensures an independent judiciary in many countries. The lack of permanent tenure for judges in most American states, however, raises serious questions about their independence.

To test …

It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Brannon P. Denning, Glenn Harlan Reynolds

William & Mary Bill of Rights Journal

During the last year, both Communitarianism and private militias have received a considerable amount of attention in the popular press and in law reviews; nevertheless, few observers have discussed the similarities between these two seemingly dissimilar movements. In this Essay, the authors demonstrate that Communitarians and militias actually have more in common than it might at first appear. Summarizing the Communitarian agenda, the authors note that Communitarians speak a language that would be readily understood by the Framers, who saw militias as an important vehicle through which civic virtue could be transmitted. The importance the Framers placed upon militias is …

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

William & Mary Bill of Rights Journal

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …

A Clash Of Fundamental Rights: Conflicts Between The Fifth And Sixth Amendments In Criminal Trials, Roderick R. Ingram

William & Mary Bill of Rights Journal

The United States Constitution's Fifth and Sixth Amendments protect the rights of criminal defendants and witnesses. The Fifth Amendment's privilege against self-incrimination protects witnesses from forced self-incrimination, and the Sixth Amendment provides criminal defendants with the right to cross-examine prosecution witnesses and to have compulsory process for obtaining witnesses. These fundamental rights conflict when a prosecution witness invokes the Fifth Amendment privilege on cross-examination or when a defense witness invokes the privilege on direct-examination. A grant of either use or transactional immunity would remove the potential for self-incrimination, but courts are split on whether they possess the authority to grant …

Incriminatory Effects Of Compliance With Irs Subpoenas For Personal Documents: An Analysis Of Current Approaches, Leah A. Kahl

William & Mary Bill of Rights Journal

This Note argues that creating a tax-crime exception to the privilege against self-incrimination countervenes both the language and the spirit of the Fifth Amendment. This Note further argues that the Ninth Circuit's creation of a tax crime-exception stemmed from a misinterpretation of precedent.

This Note describes the tax system and structure of the Internal Revenue Service (IRS), including its investigatory powers. The relationship between the IRS and the Department of Justice is discussed to ascertain the incriminatory effects of taxpayers' disclosures. A Ninth Circuit district court case, United States v. Troescher, is used as a framework for analyzing the Ninth …

The Development And Practice Of Law In The Age Of The Internet, Nabil R. Adam, Mark H. Hellmann, Peter Martin, James B. Altman, Ethan Katsh, Cantwell F. Muckenfuss, Clifford L. Brody, Eleanor Kerlow, Daniel Nyhart, Thomas R. Bruce, Jon E. Klemens, Ira H. Parker, Mary J. Culnan, John M. Kuttler, Ronald Plesser, Robert Gellman, Ronald D. Lee, Randy V. Sabett, Claudio Grossman, Rosemary Shiels

American University Law Review

No abstract provided.

Technology Update: Attorneys' Use Of Computers In The Nation's 500 Largest Law Firms, Rosemary Shiels

American University Law Review

No abstract provided.

The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn

American University Law Review

No abstract provided.

Death By Textualism: The Nlrb's "Incidental To Patient Care" Supervisory Status Test For Charge Nurses , Edwin A. Keller_Jr

American University Law Review

No abstract provided.

Case Notes, Depaul College Of Law

DePaul Journal of Health Care Law

No abstract provided.

Towards World Class, Subroto Bagchi

IIMB Management Review

No abstract provided.

Cases In Strategic Management By S. B. Budhiraja, Tata Mc Graw-Hill Publishing Co. Ltd., 1996., L S Murty

IIMB Management Review

The author claims that this book is probably the first of its kind, in that, the project of bringing out the book was actively supported by some leading companies in the country (which form the subject of these cases) and was funded by ITC. The contribution of the participating companies to management education hould be appreciated. Industry and academia should draw the cue from this to further enrich the theory and practice of management in India.

A Specialization Toolkit To Increase The Diversity Of Operating Systems, Calton Pu, Andrew P. Black, Crispin Cowan, Jonathan Walpole, Charles Consel

Computer Science Faculty Publications and Presentations

Virus and worm attacks that exploit system implementation details can be countered with a diversified set of implementations. Furthermore, immune systems show that attacks from previously unknown organisms require effective dynamic response. In the Synthetix project, we have been developing a specialization toolkit to improve the performance of operating system kernels. The toolkit helps programmers generate and manage diverse specialized implementations of software modules. The Tempo-C specializer tool generates different versions for both compile-time and run-time specialization. We are now adapting the toolkit to improve operating system survivability against implementations attacks.

Holocaust-Denial Literature: An Additional Bibliography, John A. Drobnicki

Publications and Research

This bibliography is a supplement to an earlier one that was published in the Bulletin of Bibliography. Holocaust denial is a body of literature that seeks to prove that the Jewish Holocaust did not happen. This bibliography includes both works about Holocaust denial and works of Holocaust denial.

Optimising Training Effectiveness: From Class Room To Work Place, N M Agrawal

IIMB Management Review

Continuous learning is vital to the survival of organisations in this borderless world. For learning to be effective, individuals and organisations must acquire relevant capabilities and successfully apply them to actual work situations. The design of a training system together with the characteristics of the participants and their organisations determine how effectively this transmission of newly acquired capabilities to work settings is achieved.

Creative Management In Practice, Nina Jacob

IIMB Management Review

No abstract provided.

Reclaiming Higher Ground: Creating Organisations That Inspire The Soul By Lance H K Secretan, Sage Publications, 1996., Nina Jacob

IIMB Management Review

In the introduction, Secretan writes : “We cannot continue to separate the three components of Heart, Mind, and Bottom Line if we wish to develop high performance individuals and organisations and make work fun again. Only by integrating all three can we help people evolve at the personal level, thus empowering hem to create  enlightened teams and therefore transform their organisations. Through this integration, we can create organisations that inspire the soul and therefore the planet.” He cites a plethora of cases to bear this observation out.

The Low-Income Consumer By Alwitt Linda F And Donley Thomas D. California, Sage, 1996., Mithileshwar Jha

IIMB Management Review

The book under review focuses on the low income group or the poor as consumers. The low income consumer in general is neglected by commercial marketers as well as marketing academics. Even politicians who glorify the poor for their own ends tend to ignore them, especially when it comes to looking at their standards of living and their existence as consumers. However, the sheer number of the low-income category, even in the context of developed economies such as the US, makes them a formidable group. With growing education, awareness and efforts of social organisations and activists, low income consumers have …

Corporate Governance: Corporate Governance Worldwide, K R S Murthy

IIMB Management Review

No abstract provided.

Governing Corporate Governance, S Raghunath

IIMB Management Review

Interest in corporate governance has increased dramatically in recent months, spurred by the increased activism of regulatory bodies, the rise of the institutional investor, the takeover moves in the corporate world and the advent of investigative reporting in business journalism. The question is whether inherited governance structures and conventions remain appropriate and what can be done to make them effective. Problems arise because of ineffective governance and the myopic view of the market. Companies chronically underperform because management is too responsive to short term pressures to increase profits. Understanding what affects the quality of corporate governance requires a careful consideration …

Whatever Happened To The Stock Markets, R Vaidyanathan

IIMB Management Review

No abstract provided.

Reflections Of An Executive Turned Entrepreneur: Interview With R. Subramaniam, S Venkatesh

IIMB Management Review

Interview with R. Subramaniam, one of the founder and vice chairman of Sterling Holiday Resorts

Masthead Volume 99, Issue 2

West Virginia Law Review

No abstract provided.

Table Of Contents

West Virginia Law Review

No abstract provided.

A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.

West Virginia Law Review

No abstract provided.

Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell

West Virginia Law Review

No abstract provided.

Life Begins At The Moment Of Conception For The Purposes Of W. Va. Code 55-7-5: The Supreme Court Of Appeals Of West Virginia Rewrites Our Wrongful Death Statute, Jason Cuomo

West Virginia Law Review

No abstract provided.

Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda

West Virginia Law Review

No abstract provided.