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Rule 801(D)(1): Prior Statement By Witness

Touro Law Review

No abstract provided.

Rule 803(8)(C): Public Records And Reports

Touro Law Review

No abstract provided.

Rule 1001: The "Original Document" Rule

Touro Law Review

No abstract provided.

Rule 702: Testimony By Experts

Touro Law Review

No abstract provided.

Rule 803(1): Present Sense Impression

Touro Law Review

No abstract provided.

Preferential Trade Agreements: The Wrong Road, Jagdish N. Bhagwati

Faculty Scholarship

The nature of FTAs is to offer free trade only to members, not to non-members. Thus, FTAs are two-faced: they ensure free trade for members and (relative) protection against non-members. First-year students of international economics would be asked to shift to a different field if they could not grasp this elementary and elemental distinction, and yet today's politicians imagine themselves to be statesmen endorsing free trade when they embrace these inherently discriminatory PTAs.

As PTAs proliferate, the main problem that arises is the accompanying proliferation of discrimination in market access and a whole maze of trade duties and barriers that …

Domination In The Theory Of Justification And Excuse, George P. Fletcher

Faculty Scholarship

The major currents driving legal theory have largely bypassed the field of criminal law. Neither the economists nor the advocates of critical legal studies ("crits") have had much to say about the theory of criminal responsibility or the proper mode of trying suspects. The economists have fallen flat in applying their rationalist models to the problems of punishing wrongdoers. The "crits" have had little to add-beyond Mark Kelman's one original and provocative article.

Of all the schools on the march in the law schools today, the feminists have had the most to say about the failings of the criminal law. …

La Protection Aux Etats-Unis Des Oeuvres D'Art, Jane C. Ginsburg

Faculty Scholarship

In French
Les Etats-Unis sont un marche important d'oeuvres d'art, non seulement pour la vente des tableaux, mais aussi pour !'exploitation de reproductions et d'adaptations des images. Par exemple, en dehors des reproductions traditionnelles telles que celles contenues dans des catalogues et livres d'art et des reproductions sous forme de cartes postales et affiches, une oeuvre d'art originairement corn;ue comme une expression des beaux arts peut s'exploiter telle par exemple une sortie de bain, du papier peint, voire un decor de poubelle. Dans quelle mesure un artiste peut-il etre remunere ou meme s'opposer a J'exploitation commerciale de son oeuvre aux …

The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to critically evaluate the new approach to jurisprudence and legal justification. In particular, one of the most significant contributions of the article is that it seeks to evaluate the new approach by, among other things, examining the history of the Wittgensteinian descriptive project in other areas of philosophy. The article focuses primarily on the work of Philip Bobbitt who has offered the leading example of this type of neo-Wittgensteinian approach. The arguments generated in the course of the article, however, may be applied against any neo-Wittgensteinian internalist approach to jurisprudence. Thus, the article seeks to provide a …

California's Proposition 187 - Does It Mean What It Says - Does It Say What It Means - A Textual And Constitutional Analysis, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Fund-Raising Systems In Children's Museums: An Analysis Of Fund-Raising Behavior And Philanthropic Income Trends, Elizabeth A. Potter

Walden Dissertations and Doctoral Studies

The problem under investigation. This dissertation analyzed philanthropic donations and fund-raising behavior in children's museums. The research embodies a descriptive, inductive, and deductive study which infers that philanthropic donations increase gradually and are influenced by an organization's fund-raising behavior.

The subjects. A stratified random sample of 15 small, 47 medium, and 20 large U.S. children's museums were surveyed; operating budgets determined museum size.

The methodology. Time-series statistical techniques and economic data measures calculated the change in children's museum philanthropic donations from 1990-1994. Correlation coefficients determined the relationships between the income variables. The fund-raising behavior variables, nominal data, were calculated in …

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Scholarly Works

No abstract provided.

Harding University Spring Sing Program 1996, Vanessa Bearden

Spring Sing

Program for the 1996 Spring Sing performance at Harding University.

Theme: Headed for the future

Hosts and Hostesses: Micah Parkhurst, Rochelle Rose, Angela Sholl, Chris Wagley

Arkansas And The U.S. Economy In The Late 20th Century: Reinventing Ourselves Inside Out For A Better Tomorrow, Don P. Diffine Ph.D.

Belden Center Books

Arkansas is truly an ideal spot in our great land. Situated at the buckle of the Sunbelt, Arkansas is benefiting from the northeast-to-southwest shift of population in the United States. The migration from frostbelt to sunbelt, and the economic emergence of the southern tier of states, have thrust our Natural State into the middle of today's action. A full 50 percent of the U.S. population is within a 550-mile radius of Arkansas' borders. More than 1,000,000 people live within a one-hour's drive of our state Capital.

The entire mid-south has been an underdeveloped region in the past, but it is …

1996 American Incentive System Almanac, Don P. Diffine Ph.D.

Belden Center Monographs

No abstract provided.

John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi

Faculty Scholarship

The traditional liberal argument for free speech is now under fire from several directions. Critics from the left, the center, and the right find simplistic the claim that unregulated expression promotes the search for truth, the protection of self-government, the autonomy of individuals, and the control of concentrated power. Even if free speech does serve these values to a considerable degree, there are costs associated with liberty, costs the critics say are not sufficiently recognized in the standard liberal accounts.

As a general matter, but especially regarding the freedom of speech, liberalism is seen as too doctrinaire, too optimistic about …

An Ecology Field Project Book, Marc Mangel, Paul Switzer, Sarah M. Eppley

Biology Faculty Publications and Presentations

An ecological field project book, produced by the authors in conjunction with the University of California, Section of Evolution and Ecology and Center for Population Biology.

Simulation Of Slow Variable-Angle Spinning Nmr Spectra. Application To 13c Bonded To N, B H. Suits, J. Sepa, David Wnite

Michigan Tech Publications, Part 1

Simulations of NMR spectra for spin-j nuclei in rigid solids spun at relatively slow speeds and at angles other than the magic angle are presented. Particular emphasis is on the case where I3C is bonded to a quadrupolar nucleus such as 14N. The feasibility of quantitatively extracting the chemical-shift tensor, bond lengths through the dipolar interaction, and the electric-field gradient of the neighboring nucleus from a single (1-D) spectrum is demonstrated. The sensitivity of the observed changes in the spectra to changes in the physical and experimental parameters is discussed and illustrated using nitrile I3C spectra of solid CH3CN. Equations …