Digital Commons Network^™

The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig

Utah Law Review

I would like to begin with two stories about families and places over time. Both are modern, but one is fictional (from Jane Smiley's A Thousand Acres) while the other is real (from the Duluth News-Tribune). In the first, the story begins with a widower who owns a very large family farm in Iowa. He wishes to retire and to give the farm to his three married daughters. Two of the daughters reside in their own homes on the family property, working as farm wives; the third lives in Des Moines, practicing law. The two who have remained nearby are …

Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg

Utah Law Review

The stories of Sarah, Lewis, and Thomas, like other stories, can be told in many ways. They also have multiple meanings. My renditions of the tales highlight how law has helped define the family in critical struggles between families and school officials over what and how to teach the children of the republic. They are thus stories about how law became a way to express, contest, and legitimate the new educational order. In the process, they suggest how the American resort to legal means also constructed crucial elements in the identities of students, parents, and teachers. Equally important, considering these …

Reconsidering The Criteria For Legal Fatherhood, Leslie Joan Harris

Utah Law Review

For more than two decades scholars have advocated that adults who function as children's parents and develop emotional bonds with them be recognized as the children's legal parents, at least for purposes of custodial and related rights.' These proposals are based on the belief that a child's greatest need is for a close, stable relationship with an adult committed to the child's welfare, a position that is not particularly controversial today. With some exceptions, however, the law of parent-child relationships has not followed these recommendations. Instead, parental rights continue to be based mostly on biological parenthood or maxiage to one …

"The Road From T To We": Family Law In Thecommunitarian State, Inga Markovits

Utah Law Review

Whichever way we choose to define a "family," our definition will distinguish between insiders and outsiders, between those who belong and those who do not belong, between an inner circle of mutual commitment and support and an outer circle of indifference, between "public" and "private" realms. How else than with terms of exclusivity could we do justice to the fact that "family members," whoever they may be, play a unique and vital role in our lives that is not shared by others? Yet, people have tried to find alternative vocabularies. Fearful of the isolation and self-absorption that comes with privacy, …

"It All Depends On What You Mean By Home": Toward A Communitarian Theory Of The 'Nontraditional" Family, Barbara Bennett Woodhouse

Utah Law Review

This discussion leaves untouched the many dilemmas involved in distinguishing "kinships of responsibility" from "associations of choice." It also leaves untouched the dilemmas of how to deal with dependencies created within associations of choice. Can we regulate such supposedly autonomous arrangements without assimilating these arrangements to the status of legal families? How can we draw the lines of choice without diluting the meaning of family until it resembles a purely voluntary role, to be taken on and put off at will? All of these are issues for another day and another author. The more limited goal of this Article has …

Punitive Damages In The American Civil Justice System: Jackpot Or Justice?, Jill Mckee Pohlman

Utah Law Review

Few issues in the realm of the American civil justice system have been as widely debated as the doctrine of punitive damages. In recent years, the debate has swelled among scholars, commentators, and the public as juries have imposed these awards with greater frequency and in greater amounts. Many have even referred to these awards as "jackpots" because they are awarded in large amounts without any predictability and often without reason. Both the United States Supreme Court and Congress have had an opportunity to impose substantive limits on these exemplary damages, but both have failed to articulate any effective reforms …

Fundamental Principles, Individual Rights, And Free Government: Do Utahns Remember How To Be Free?, Paul Wake

Utah Law Review

Utah celebrates its centennial this year, and because Utah's Constitution' is also one hundred years old, this is a good time to think back on the legal history of the state's supreme law to see what guidance it gives for the future. Thinking about the Utah Constitution is particularly important given the current upsurge of interest in state constitutional law. One provision in Utah's Constitution, Article I, Section 27 ("Section 27"), seems by its terms to be more important than any other part of the Constitution. Section 27 states: "Frequent recurrence to fundamental principles is essential to the security of …

Dismantling A Relic Of The Nineteenth Century: An End To Discrimination At The Virginia Military Institute, Shayne R. Kohler

Utah Law Review

The Fourth Circuit Court of Appeals struck a tremendous blow to women's struggle for equality by allowing the Commonwealth of Virginia to continue to bar women from participation in the military experience at VMI. This blow was remedied, in part, by the action of the United States Supreme Court. By declaring the admission policy at VMI unconstitutional, the Supreme Court provided women seeking attendance at VMI equal protection of the law. The Court should be commended for taking a positive step in the fight against gender discrimination. The Supreme Court, however, passed up a perfect opportunity to write the final …

Developing Jurisprudence On The Unnecessary Rigor Provision Of The Utah Constitution, Scott C. Sandberg

Utah Law Review

The Eighth Amendment to the United States Constitution ("Eighth Amendment") states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."' Similarly, Article I, section 9 of the Utah Constitution ("Article I, section 9") states: "Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishment be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor." The last sentence of Article I, section 9 comprises the only substantial difference between it and the Eighth Amendment. Recently, the Utah Supreme Court ruled on a claim …

Stalking The Golden Topic: A Guide To Locating And Selecting Topics For Legal Research Papers, Heather Meeker

Utah Law Review

For most people, two things are certain: death and taxes. For law students, one other thing is certain: the necessity to write at least one research paper to complete their legal education. To accomplish this goal, the student faces a high hurdle: finding the right topic. The student of law, commanded to find a research topic, is faced with a daunting chicken-and-egg problem-the student must do a great deal of research to assess a topic on which to do research. The perfect paper topic is a delicate balance of generality and obscurity. It is amateurish to write a paper on …

An Experiment In Patient Injury Compensation: Is Utah The Place?, Barbara A. Brill

Utah Law Review

In the Spring of 1995, tort reform legislation was being hotly debated in Congress, reviled and lauded in the media, and becoming a popular topic and cause for politicians and citizens alike. Meanwhile, in Salt Lake City, Utah, a project for reform in medical malpractice compensation was quietly gaining momentum, progressing briskly toward its goal of implementation in 1997. Fueled by a grant from the Robert Wood Johnson Foundation and assisted by several important contributors to the reform debate, a group comprised of health care professionals, lawyers, a law professor, a malpractice insurer, and the director of a state agency …

Where's The Beef? Allocating The Burden Of Proof In Bailment Agreements Involving Missing Cattle Grazed On Public Rangeland: Cornia V. Wilcox, Sara E. Bouley

Utah Law Review

Practitioners and scholars alike often regard bailment as an arcane and parochial subject despite the fact that a large number of bailment cases still appear before American courts.' This phenomenon is most perplexing considering the prevalence of bailments in modern commercial law cases; the disagreement among jurisdictions and legal scholars as to bailment law's exact scope and the rules governing it; and the fact that statutes governing certain areas of bailment law are still interpreted according to common-law standards. One modern type of bailment that is quite common in cattle country is a grazing lease or agistment arrangement whereby one …

Do You, Elizabeth, Promise To Pay John's Taxes? I Do: A Review Of The Innocent Spouse Provisions And A Proposal For Chang, Natalie Hoyer Keller

Utah Law Review

Like numerous women every year, Elizabeth Cockrell recently learned a difficult lesson in tax law. Unbeknownst to many taxpayers, a husband and wife who file a joint return are jointly and severally liable for any taxes due with respect to that return. Elizabeth and John Crowley were married in 1979, separated in 1982, and divorced in 1983. In December, 1980, Elizabeth was hired as a stockbroker trainee in New York; she subsequently passed the "series seven" stockbroker examination and obtained her stockbroker license. John was a partner in three partnerships engaged in commodities straddle transactions. As an employee of a …

Emtala Rears Its Ugly Head: The Case Of Baby K, Elaina Michele Maragakis

Utah Law Review

EMTALA's new identity betrays its purpose. The Fourth Circuit erred in upholding the district court's ruling on two bases. First, Baby K was not the type of case EMTALA contemplates. Second, the court could have resolved Baby K in favor of the Hospital by holding that Baby Ks condition and the Hospital's proposed action did not violate EMTALA's language. However, under the court's holding, EMTALA now forces an inappropriate course of care because the court's opinion forced Baby Ks case into a statute that, by its plain language, simply did not apply. Further, Baby K was not a "classic" emergency …

The Origins Of Regulatory Takings: Setting The Record Straight, Kris W. Kobach

Utah Law Review

Recent Supreme Court decisions recognizing regulatory takings, most notably Lucas v. South Carolina Coastal Council, have added considerable fuel to the ongoing debate over the meaning of the Takings Clause of the U.S. Constitution. The decisions have also precipitated a deluge of scholarly writing on the issue. These analyses have been largely historical, focusing not upon the genesis and subsequent conceptual development of regulatory takings, but upon the adjudicatory and practical merits of competing constitutional interpretations. Most commentators have simply assumed that the law of regulatory takings (or what may be more broadly termed "nonacquisitive, nondestructive" takings) began with the …

Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski, Jr.

Utah Law Review

Having spent a few years in the trenches at a major corporate law firm, and, throwing caution to the wind, we decided to pursue a somewhat novel idea: a fictionalized discussion about the state of the corporate law firm between two ideological icons-Karl Marx and Betty Friedan. The increasing clamor of associate dissatisfaction at corporate law firms requires that these institutions consider the desirability of fundamental, transformational reform in order to create a more user-friendly atmosphere for associates, partners, and long-suffering support staff. In short, revolution-and who better to sow the seeds of revolution than Karl Marx and Betty Friedan? …

Eco-Physiology Of Mysids (Crustacea; Peracarida) In The River Tamar Estuary., Angela Mary Moffat

School of Biological and Marine Sciences Theses

The mysid fauna of the River Tamar Estuary was sampled monthly between January and December 1989. The following species of mysid were found In the estuary. MosopodOPSIS slabborl, Noomysis Intogor, Praunus fioxuosus and SchistomysIs omata. The latter two species, present In low densities throughout tho year, occupied the lower, more salino (>30%o) parts of the estuary, whereas M. slabborl and N. Intogor were abundant In the upper estuary (0.5-30%o). Mosopodopsis slabbori produced between two and three generations per year, and showed a pattern of alternating early and lato-brooding generations. A maximum growth rate for this species was 0.24 mm …

Alumni Quarterly - Issue No. 58, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Law School Celebrates Dr. Martin Luther King Jr. Day
• Faculty News
• Law school Hosts Regionals of National Trial Advocacy Competition
• The Class of 1995- Where are They Now?
• Alumni News

Integrating World Wide Web Searching Skills Into World Geography Information Skills Curriculum, Karla Steege Krueger

Graduate Research Papers

World Geography I students' experiences searching for information using preselected bookmarked sites on the World Wide Web were studied. Fifty-three ninth and tenth grade students in two sections of World Geography I at New Hampton High School in New Hampton, Iowa, were taught how to use bookmarks on the World Wide Web to retrieve information for a European Dream Vacation Itinerary. Students worked in pairs on the assignment. Each pair of students was given 30 minutes of class time to search the bookmarked sites and was required to find one item for its itinerary on the World Wide Web. Following …

Use Of Learning Theories In Media Design, Janet Adams

Graduate Research Papers

This review discusses learning theories such as dimensions of learning, multiple intelligences, reading-learning styles, constructivism, and brain research. It looks at software design, multimedia programs and some experimental programs that are making attempts to integrate these theories into the design of technology.

Is Library Automation Feasible For All Elementary Schools?, Tiffany Bayless

Graduate Research Papers

Library automation has been adopted by many library media centers, but is it appropriate for all libraries? The justification for automation of four library media centers will be based on the literature reviewed, current operations of these centers, and personal experiences and observations in working with these library media centers. There have been many concerns about whether library automation is feasible for these library media centers, and that is the reason for the focus of this study. Library automation should not be something that is implemented just because "everyone else is doing it".

Rubric Assessment Of Defensible Qualitatively Differentiated Curriculum For Gifted And Talented Learners, Mary Meineke Schmidt

Graduate Research Papers

Few would argue that there are children in every classroom who seem to be one step ahead of their peers. What is a teacher to do with and for these individuals who exhibit abilities and corresponding needs far beyond the average? How will their needs best be met? The answer--through the provision of defensible qualitatively differentiated curriculum--is one of the simplest responses and yet one of the most complex issues in the education of the gifted and talented.

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Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.