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Articles 55681 - 55710 of 62314
Full-Text Articles in Entire DC Network
Scientific Evidence Under Daubert., John H. Mansfield
Scientific Evidence Under Daubert., John H. Mansfield
St. Mary's Law Journal
The controversy over the proper standard for the admissibility of scientific evidence is an argument over the value of a jury trial compared with a bench trial or decisions by scientists. The argument has both a constitutional dimension in the provisions relating to a jury trial, compulsory process and due process, and a nonconstitutional dimension in the ordinary law of evidence. In the recent case of Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court took a different approach, basing its decision almost entirely on an interpretation of the particular words used in Rule 702 of the Federal …
Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp
Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp
St. Mary's Law Journal
In the summer of 1995, the en banc Texas Court of Criminal Appeals in Flores v. State upheld a lower court’s ruling to give a drunk-driving (DWI) offender a year in prison as opposed to probation. The trial judge denied the defendant probation due to his inability to speak English. The county in which the defendant was arrested and convicted did not provide a DWI rehabilitation program in Spanish, leading the judge to determine the defendant would not benefit from probation. In his appeal, Mr. Flores claimed the lower court violated his equal protection and due process rights under the …
Changing The Nature Of Corporate Representation: Attorney Liability For Aiding And Abetting The Breach Of Fiduciary Duty Comment., Stanley Pietrusiak Jr.
Changing The Nature Of Corporate Representation: Attorney Liability For Aiding And Abetting The Breach Of Fiduciary Duty Comment., Stanley Pietrusiak Jr.
St. Mary's Law Journal
In 1983, the American Bar Association (ABA) comprehensively defined corporate counsel’s ethical duties in situations where a corporate officer engages in conduct which could substantially harm the organization. In such cases, the nature of the corporate attorney’s duties depends on whether the officer’s conduct is illegal or whether the officer made a policy decision which falls short of illegality. Rule 1.13 of the Model Rules of Professional Conduct imposes the duty on corporate counsel to take steps to stop corporate officers from engaging in illegal conduct which is likely to result in substantial injury to the organization. Conversely, counsel is …
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
St. Mary's Law Journal
Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …
Emerging Trends In International Constitutionalism: A Comparative Approach: Foreword, Edward A. Mearns
Emerging Trends In International Constitutionalism: A Comparative Approach: Foreword, Edward A. Mearns
Case Western Reserve Journal of International Law
No abstract provided.
Indigenization Of Constitutionalism In The Japanese Experience, The, Christopher A. Ford
Indigenization Of Constitutionalism In The Japanese Experience, The, Christopher A. Ford
Case Western Reserve Journal of International Law
No abstract provided.
Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior
Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior
Case Western Reserve Journal of International Law
No abstract provided.
Nuremberg And Sovereignty, Henry T. King Jr.
Nuremberg And Sovereignty, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
The New Ivan The Terrible: Problems In International Criminal Enforcement And The Specter Of The Russian Mafia, Peter J. Vassalo
The New Ivan The Terrible: Problems In International Criminal Enforcement And The Specter Of The Russian Mafia, Peter J. Vassalo
Case Western Reserve Journal of International Law
No abstract provided.
Deconstructing Protectionism: Assessing The Case For A Protectionist American Trade Policy, Kirk Kennedy
Deconstructing Protectionism: Assessing The Case For A Protectionist American Trade Policy, Kirk Kennedy
Case Western Reserve Journal of International Law
No abstract provided.
Haitian Frustrations: Dilemmas For U.S. Policy, E.G.H.
Haitian Frustrations: Dilemmas For U.S. Policy, E.G.H.
Case Western Reserve Journal of International Law
No abstract provided.
The United Nations At Fifty: Sovereignty, Peacekeeping, And Human Right, E.G.H.
The United Nations At Fifty: Sovereignty, Peacekeeping, And Human Right, E.G.H.
Case Western Reserve Journal of International Law
No abstract provided.
Ocean Governance And The United Nations, F.J.Y.
Ocean Governance And The United Nations, F.J.Y.
Case Western Reserve Journal of International Law
Note: This is the fourth book noted in the PDF file.
The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg
The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg
Case Western Reserve Journal of International Law
No abstract provided.
Going Bananas Over Eec Preferences: A Look At The Banana Trade War And The Wto's Understanding On Rules And Procedures Governing The Settlement Of Disputes, Zsolt K. Bessko
Case Western Reserve Journal of International Law
No abstract provided.
Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford
Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford
Case Western Reserve Journal of International Law
No abstract provided.
The 1991 Transitional Charter Of Ethiopia: A New Application Of The Self-Determination Principle, Aaron P. Micheau
The 1991 Transitional Charter Of Ethiopia: A New Application Of The Self-Determination Principle, Aaron P. Micheau
Case Western Reserve Journal of International Law
No abstract provided.
The Re-Evaluation Of The Dispute Resolution Mechanism In The Canada-U.S. Free Trade Agreement: The Softwood Lumber Dispute, James Graham
The Re-Evaluation Of The Dispute Resolution Mechanism In The Canada-U.S. Free Trade Agreement: The Softwood Lumber Dispute, James Graham
Case Western Reserve Journal of International Law
No abstract provided.
The Nondemocratic Benefits Of Elections - The Case Of Cambodia, Nhan T. Vu
The Nondemocratic Benefits Of Elections - The Case Of Cambodia, Nhan T. Vu
Case Western Reserve Journal of International Law
No abstract provided.
Television Without Frontiers: The European Union's Continuing Struggle For Cultural Survival, Shaun P. O'Connell
Television Without Frontiers: The European Union's Continuing Struggle For Cultural Survival, Shaun P. O'Connell
Case Western Reserve Journal of International Law
No abstract provided.
Volume 28 Issue 2 (1996), Cwru Journal Of International Law
Volume 28 Issue 2 (1996), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Volume 28 Issue 2, Cwru Journal Of International Law
Volume 28 Issue 2, Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Utah Law Review
Court sales of slaves were a material-that is, not merely ideological-manifestation of James Henry Hammond's "mudsill" theory of Southern society. While representing South Carolina in the United States Senate in 1858, Hammond delivered his "Cotton is King" speech. In this speech, Hammond developed the metaphor of slaves as the "mudsill" of South Carolina and Southern society Hammond attributed the stability of Southern social order to the establishment of slaves as a mudsfll. Just as a house must rest upon a sill or ledge in contact with the earth, the edifice of Southern society rested upon the presence of slaves, "a …
The Antioxidant Role Of Α-Tocopherol In The Nutrition Of African Catfish (Clarias Gariepinus Burchell), Remi Thomas Merrett Baker
The Antioxidant Role Of Α-Tocopherol In The Nutrition Of African Catfish (Clarias Gariepinus Burchell), Remi Thomas Merrett Baker
School of Biological and Marine Sciences Theses
The role of the lipid-soluble antioxidant α-tocopherol (vitamin E) in the nutrition of African catfish (Clarias gariepinus Burchell) has been investigated with respect to effects on growth, certain indices of health and prevention of tissue lipid peroxidation. Although juvenile C. gariepinus were not found to show an immediate dependency on vitamin E for growth, even during rapid growth stages, a minimum requirement of α-tocopherol based on the prevention of hepatic lipid peroxidation was established at 30-40mg α-tocopherol per kg dry diet. This is in line with published values for numerous cultured fish species. Tissue α-tocopherol accretion was found to be …
The Conservation And Ecology Of The Heath Lobelia, Lobelia Urens L., Janet Mary Dinsdale
The Conservation And Ecology Of The Heath Lobelia, Lobelia Urens L., Janet Mary Dinsdale
School of Biological and Marine Sciences Theses
This programme of research examines the ecology of the threatened perennial Lobelia urens L. (the heath lobelia) which reaches the northern limit of its distribution in the southern coastal counties of England. A survey of the historical evidence of the distribution of the species in England is presented. Restricted to such a small area, L. urens has always been rare in Britain. The six remaining populations were surveyed to describe the phytosociology of communities containing L. urens and the variability of the environmental factors controlling its distribution. L. urens is shown to be a member of rough grass-heath communities dominated …
Enhanced Oil Degradation By Bacteria When Immobilized To An Oleophilic Substratum, Nicola Gail Wilson
Enhanced Oil Degradation By Bacteria When Immobilized To An Oleophilic Substratum, Nicola Gail Wilson
School of Biological and Marine Sciences Theses
Three immobilization matrices, Biofix (kaolinite microspheres), Drizit (polypropylene fibres) and polyester polyurethane were used as substrata for use in bioremediation. Enhanced biodegradation of petrol (Slovene diesel) and Ekofisk crude oil occurred with immobilization of Pseudomonas fluorescens to Biofix and Drizit in freshwater and saltwater systems. When compared to free bacteria, immobilization resulted in; increased growth, accelerated ability of the cells to utilize oil, and enhanced biodegradation as determined by gas chromatography. In the freshwater systems Drizit immobilized cells reduced the lag phase to one day in comparison to six in a free system and increased biodegradation of the n-alkanes by …
Poor Relief, Welfare Paralysis, And Assimilation, Larry Catá Backer
Poor Relief, Welfare Paralysis, And Assimilation, Larry Catá Backer
Utah Law Review
We argue as if there were some sort of objective measure of optimality. We cling to the notion that we can know and prove to others that choices are good, bad, better, best, or worst. We cannot. That enterprise is as presumptuous as the attempt to prove the (non)existence of God by scientific methods. I have tried to show that valuation is a subjective enterprise-the best we can hope for is the comfort of discovering what society believes the optimum to be. To the extent that society believes a particular coordinate expresses an optimum, then perhaps we would not be …
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
Utah Law Review
Herry Bailly, Chaucer's ideal fourteenth-century host, would never turn away a pilgrim if a bed could be found. It is uncertain whether this hospitality was also compelled by law, because English law concerning innkeepers' obligations to their customers was just beginning to develop during Chaucer's lifetime. This Article tells the story of how innkeepers came to be liable for the losses of their guests, how that liability became part of the common law, and how, in turn, the public right of access to inns grew out of that liability. The commonly accepted explanations for the development of the public right …
Recent Developments In Utah Case Law, Utah Law Review Staff
Recent Developments In Utah Case Law, Utah Law Review Staff
Utah Law Review
The Recent Developments in Utah Case Law section consists of brief expositions of selected noteworthy cases decided recently by the Utah Supreme Court. Each Development is essentially self-contained.
Children And Inheritance In The Nontraditional Family, Ralph C. Brashier
Children And Inheritance In The Nontraditional Family, Ralph C. Brashier
Utah Law Review
This Article has reviewed the current state of laws regarding the inheritance rights of children in the nontraditional family. It has, I hope (and yet regret), demonstrated that the laws are here, there, and everywhere in-between. And sometimes they are nowhere at all. It is clear that the efficient probate schemes that have served the traditional family for decades are ill equipped to address many of the problems that face its nontraditional counterpart. The overview provided here emphasizes the magnitude of those inheritance problems. Each of the subtopics addressed in this article-nonmarital children, adopted children, and children of reproductive technology-poses …