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Intentional Infliction Of Mental Distress In Montana, Carl W. Tobias

Law Faculty Publications

In several recent opinions, the Montana Supreme Court indicated its willingness to recognize intentional infliction of mental distress as an independent tort, even as the court stated that no plaintiff had presented a factual situation which would satisfy the elements of the cause of action. In the 1995 case of Sacco v. High Country Independent Press, Inc., the Montana Supreme Court held that an "independent cause of action for intentional infliction of emotional distress will arise under circumstances where serious or severe emotional distress to the plaintiff was the reasonably foreseeable consequence of the defendant's intentional act or omission. " …

Filling The Federal Courts In An Election Year, Carl W. Tobias

Law Faculty Publications

President Bill Clinton appointed unprecedented numbers and percentages of highly qualified female and minority lawyers to the federal bench during his initial half-term in office, substantially surpassing the records of Presidents Ronald Reagan, George Bush and Jimmy Carter. The Clinton administration invoked an efficacious, uncontroversial selection process and filled a significant percentage of the 113 judicial openings that existed when it assumed office.

Some federal court observers questioned whether the Chief Executive could maintain this commendable record during his presidency's third year. More specifically, they wondered if Republican Party control of the United States Senate, which must approve nominees, and …

Review Of Villianelle By Lynn Crosbie, Angela Sorby

English Faculty Research and Publications

No abstract provided.

Asymptotic Conservation Laws In Classical Field Theory, Ian M. Anderson, Charles G. Torre

Mathematics and Statistics Faculty Publications

A new, general, field theoretic approach to the derivation of asymptotic conservation laws is presented. In this approach asymptotic conservation laws are constructed directly from the field equations according to a universal prescription which does not rely upon the existence of Noether identities or any Lagrangian or Hamiltonian formalisms. The resulting general expressions of the conservation laws enjoy important invariance properties and synthesize all known asymptotic conservation laws, such as the Arnowitt-Deser-Misner energy in general relativity.

Froward Language And Wanton Play: The "Commoun" Text Of Henryson's Testament Of Cresseid, Catherine S. Cox

Studies in Scottish Literature

No abstract provided.

"A Strange Apartment": The Watch-Tower In Carlyle's Sartor Resartus, Ralph Jessop

Studies in Scottish Literature

No abstract provided.

Carlyle's Critique Of Goethe: Literature And The Cult Of Personality, Gregory Maertz

Studies in Scottish Literature

No abstract provided.

Judicial Interpretations Of Insurance Contract Disputes: Toward A Realistic Middle Ground Approach,, Peter N. Swisher

Law Faculty Publications

In a previous law review article, this author analyzed the seemingly arbitrary and contradictory decisional patterns in American insurance law cases. The article concluded that these contradictory judicial patterns could be understood and appreciated if one recognized the fundamental impact-and clash-of two competing theories of American jurisprudence: Legal Formalism and Legal Functionalism in an insurance law context.

Broadly speaking, Legal Formalism is based upon the traditional view that correct legal decisions are determined by pre-existing legal rules, and that the courts must reach their decisions in a logical, socially neutral manner. Formalist judges therefore apply the philosophy of judicial restraint …

Continuing Federal Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

I analyzed refinements in the experimentation which the Montana Federal District Court and other districts have conducted under the Civil Justice Reform Act (CJRA) of 1990 and I assessed certain proposed legal reforms which the Republican Party included in its Contract With America in the last issue of the Montana Law Review. I reported that the Montana Federal District Court had prepared a set of local rule changes in light of the 1993 Federal Rules amendments and that the district had formally proposed those modifications for public comment. I also reported that the United States House of Representatives had passed …

The Proposal To Split The Ninth Circuit Court Of Appeals, Carl W. Tobias

Law Faculty Publications

Symposium introduction

Ongoing Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

The essay initially provides an update of pertinent developments respecting civil justice reform in the United States and in the Montana Federal District Court. The paper emphasizes the agreement of House and Senate conferees on a products liability reform measure which involves civil justice reform and the work of the Ninth Circuit Local Rules Review Committee. The essay concludes with a brief glance into the future.

An Analysis Of Federal Appellate Court Study Commissions, Carl W. Tobias

Law Faculty Publications

During the 104th Congress, senators representing Pacific Northwest states mounted the fourth serious effort to split the United States Court of Appeals for the Ninth Circuit since 1983. The Senate Judiciary Committee approved a bill that would have divided the court; however, the Senate eventually passed a measure which would have created a national study commission to analyze the federal appellate system. This compromise was only one of several study proposals that Congress considered in 1995 and 1996. For example, California Governor Pete Wilson and Ninth Circuit Judge Diarmuid O'Scannlain recommended the establishment of commissions which would have assessed the …

Undergraduate Catalog 1996-1997, University Of North Florida

UNF Course Catalogs

No abstract provided.

Foreword: Voluntary Restraint And The Wormhole Effect, Kurt T. Lash

Law Faculty Publications

"In 1992, Patrick Buchanan ignited a firestorm of controversy when he exhorted the crowd at the Republican National Convention to join him in a holy war-a war of Christian values and a battle for the soul of America.' Critics of Buchanan's speech and other similar attempts to inject religion into politics raised questions of political morality: When, if ever, is it appropriate for a citizen in a liberal democracy to invoke the judgment of God in support of specific policy initiatives? Does such rhetoric threaten to polarize and divide the body politic along sectarian lines? Does it threaten to undermine …

On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch

Law Faculty Publications

This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States …

History Of The Lds Southern States Mission, 1875-1898, Heather M. Seferovich

Theses and Dissertations

This in-depth study of late nineteenth-century missionary work in the Southern States Mission examines the encounter of The Church of Jesus Christ of Latter-day Saints with the American South. It highlights some of the region's varying conditions affecting missionary work and reports the elders' responses to new and different situations, peoples, and subcultures. Examining missionary work from the elders' viewpoint creates a better understanding of what the missionaries experienced and how they reacted to new situations outside the Mormon "corridor" of settlement in the American West. The statistical analysis of the 1,689 elders in the Mission reveals new details about …

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 4 (1996)

Cardozo Journal of International and Comparative Law

No abstract provided.

Acknowledgment

Cardozo Journal of International and Comparative Law

No abstract provided.

Human Rights, International Law, And Domestic Courts, Edward D. Re

Cardozo Journal of International and Comparative Law

The article explores the role of domestic courts, particularly in the United States, in enforcing international human rights norms and the challenges posed by sovereign immunity. It argues that U.S. courts should give greater effect to international legal norms, especially in cases involving human rights violations by foreign states. The analysis critiques the U.S. Supreme Court's narrow interpretation of the Foreign Sovereign Immunities Act (FSIA) in Saudi Arabia v. Nelson and advocates for a more expansive approach to ensure accountability for human rights abuses.

The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan

Cardozo Journal of International and Comparative Law

The article examines the mass privatization programs implemented in Czechoslovakia (later the Czech Republic) and Poland during their transitions from communism to democracy and capitalism. It compares the design, implementation, and outcomes of these programs, highlighting the economic and political factors that shaped their approaches. The analysis focuses on how the unique historical, economic, and political contexts of each country influenced their privatization strategies and the effectiveness of these strategies in achieving marketization and institutional reform.

The Future Of The Past: Recovering Cultural Property, Lawrence M. Kaye

Cardozo Journal of International and Comparative Law

The article addresses the legal challenges and evolving frameworks for recovering stolen cultural property, emphasizing the interplay between national and international laws. It argues that while significant progress has been made, particularly in the U.S., through judicial precedents and international conventions like the 1970 UNESCO and 1995 UNIDROIT Conventions, a unified global response is essential to combat the illicit trade effectively.

Back Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Back Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Back Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Back Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Information Redlining: A List Of Selected Readings, Timothy L. Coggins

Law Faculty Publications

In earlier essays Henry Perritt, Marvin Anderson, Gary Bass and Patrice McDermott discuss the increasing use of computers to access information through the information superhighway, the Internet and online services, the increasing reliance on electronic formats by publishers and the federal government and the continuing debate about "information redlining." They indicate that information redlining is broader than just the availability and effects of technology and enhanced online services on lower income, minority and rural communities. It also deals with what information will be available to these groups. As more and more data comes in digital form and when some information …

Graduate Catalog 1996-1997, University Of North Florida

UNF Course Catalogs

No abstract provided.