Digital Commons Network^™

State Of Utah, Rich County V. Larry H. Breitweiser : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE Appeal from the Final Judgement and Jury Verdict of the First Judicial District Court, in and for Rich County, State of Utah by the Honorable Clint S. Judkins

Employee Benefit Plans Industry Developments - 1997; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Proceedings Of The South Dakota Academy Of Science, 1997, Volume 76., South Dakota Academy Of Science

Proceedings of the South Dakota Academy of Science

Proceedings of the South Dakota Academy of Science, 1997, Volume 76.

The table of contents lists the minutes of the eighty-second annual meeting of the South Dakota Academy of Science, senior research papers presented, abstracts of senior research papers, and the Junior Academy award-winning paper.

The presidential address titled Can We Live With Our Paradigms? was given by Sharon A. Clay.

The following senior research papers were presented at the eighty-second annual meeting held on April 25–26, 1997: Fishes of the Mainstem Cheyenne River in South Dakota by Douglas R. Hampton and Charles R. Berry, Jr.; Impacts of the John …

Genome Size Variation Among Recent Human Isolates Of Salmonella Typhi, Kwai Lin Thong, S.D. Puthucheary, T. Pang

Pre-2000

We performed genome size estimation of 17 recent human isolates of Salmonella typhi from geographically diverse regions using pulsed-field gel electrophoresis (PFGE) after digestion of chromosomal DNA with restriction endonucleases Xbal (5'-TCTAGA-3'), Avrll (5'-CCTAGG-3') and Spel (5'-ACTAGT-3'), and summation of the sizes of restriction fragments obtained. All 17 isolates had circular chromosomes, and genome sizes differed by as much as 959 kb, ranging from 3,964 to 4,923 kb (mean genome size = 4,528 kb). The data obtained confirm the usefulness of PFGE in studies of bacterial genome size and are in agreement with recent results indicating considerable genetic diversity and …

An Updated Consideration Of A Taxing Problem: The Harmonization Of State And Local Tax Laws Affecting Nonresident Professional Athletes, Marc Yassinger

UC Law SF Communications and Entertainment Journal

Professional athletes today can no longer merely concern themselves with their on-the-field performances. More and more states and cities, driven by growing deficits and the need to create more tax dollars, have made diligent efforts to focus their tax collection resources on visible individuals who earn sizable salaries in their jurisdictions. With their big salaries, nonresident professional athletes are easily identifiable targets who justify the effort. The author examines how the collection of taxes from nonresident professional athletes has created numerous problems, including inconsistent formulas employed by different jurisdictions, which has lead in some cases to double taxation.

This Note …

Race As A Hiring/Casting Criterion: If Laurence Olivier Was Rejected For The Role Of Othello In Othello, Would He Have A Valid Title Vii Claim, Heekyung Esther Kim

UC Law SF Communications and Entertainment Journal

This Note analyzes whether an actor or actress has a cause of action against casting directors and/or producers under Title VII of the 1964 Civil Rights Act for employment discrimination based on race. The author discusses what constitutes a violation of the Act and the procedural requirements a plaintiff must comply with in order to establish a prima facie case of discrimination. This Note then addresses how the law does not effectively deal with the issue and how this inapplicability of the law affects employment opportunities for minority actors and actresses. The author proposes that currently, the only appropriate remedy …

Has The Fda Bought The Winston Cup: A Takings Analysis Of The Proposed Ban On Sports Sponsorships By Tobacco Companies As Applied To Nascar, Andrew B. Dzeguze

UC Law SF Communications and Entertainment Journal

In 1996 the Department of Health and Human Services announced that the FDA would regulate all tobacco advertising, classifying tobacco as a drug. This Note explores the ramifications of this announcement as it relates to the ongoing sponsorship of NASCAR auto races by tobacco companies. Initially, this Note provides a brief history of NASCAR and its tobacco sponsorship. The Note then explores three legal theories for invalidating the FDA regulations: First Amendment defenses, lack of jurisdiction defenses, and takings claims. The author concludes that a takings claim provides the best method of challenging the FDA regulations, because it would not …

The L-Word : January 1, 1997, The L-Word

The L-Word

No abstract provided.

The Celebrative Spirit: 1937-1943 Additional Excerpts, Ronald R. Geibert

Books Authored by Wright State Faculty/Staff

Additional excerpts from the 1997 CD-ROM and 1986 exhibition The Celebrative Spirit: 1937-1943

Educational Excellence For Administrating Schools : A Reflective Essay, Cynthia J. Lapel

Graduate Research Papers

A visionary leader must look at what the organization should be like to achieve educational excellence, and then be willing to undertake the necessary steps to achieve the vision. Educational excellence will take a strong-hold only when it evolves from a community commitment for excellence. This community consisting of students and teachers, as well as parents and the public, led by a visionary administrator, will develop a commonly held vision to achieve educational excellence for their school district.

An Assessment Of Community-Based Family Planning Programs In Kenya, Jane Chege, Ian Askew

Reproductive Health

Kenya has a long history of using community-based distribution (CBD) as an integral part of its family planning (FP) program. The purpose of this study was to assess the role of CBD programs in terms of providing information and services, to learn more about the determinants of program effectiveness, and to attempt to compare the programs’ cost-effectiveness. Fieldwork was undertaken in mid-1995 when data were collected from seven of the major CBD programs in Kenya. Four rural and three urban programs were included, as were programs that remunerated their agents and those that did not, and programs that had full-time …

Counseling The Husbands Of Postabortion Patients In Egypt: Effects On Husband Involvement, Patient Recovery And Contraceptive Use, Nahla G. Abdel-Tawab, Dale Huntington, Ezzeldin Osman Hassan, Hala Youssef, Laila Nawar

Reproductive Health

An ANE OR/TA Project qualitative study conducted in 1995 probed into women’s perceptions of abortion in Egypt, and the stress that postabortion patients experience during recovery. That study drew attention to the important role husbands can play in their wives’ recovery and subsequent use of contraception. This study was designed to test the effects of involving husbands in the postabortion medical-care process. Overall, the study indicates that providing counseling to husbands of postabortion patients is feasible, as the majority of husbands either accompanied their wife on admission or at discharge from the hospital. However, administrative changes are needed to enhance …

The Constitionality Of The Line Item Veto Act Of 1996: Three Potential Sources For Presidential Line Item Veto Power, Catherine M. Lee

UC Law Constitutional Quarterly

For over a century, Presidents, regardless of their political affiliations, have sought the authority to exercise a line item veto on legislation passed by Congress. Such power was desired because it was believed that the line item veto would increase the President's leverage in negotiations with Congress and help them root out special interest provisions buried in omnibus bills. Despite Presidents' desire to attain a line item veto, Congress did not grant such authority because its constitutionality was at issue. Constitutional scholars asserted that the line item veto would violate the separation of powers doctrine because the President would be …

Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman

Faculty Publications

In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.

The Supreme Court’S Misleading Footnote In General Dynamics, Erik M. Jensen

Faculty Publications

This article examines footnote 3 in the Supreme Court's 1987 opinion in United States v. General Dynamics. In that case, governed by the law in place before the Tax Reform Act of 1984, the Court held that General Dynamics had to defer deductions attributable to claims for employee medical expenses until the claims were approved. In the footnote, the Court suggested that the 1984 amendment to section 461(h) of the Internal Revenue Code postponing the time for deducting accrued expenses until economic performance would, in a similar case governed by the statutory change, have further deferred General Dynamics' deduction until …

Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman

Faculty Publications

his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.

Similar To A Plateau Experience, William F. Kautz, Amanda Kautz

International Journal of Transpersonal Studies

No abstract provided.

Existential Loneliness: The Other Side Of The Void, Richard Booth

International Journal of Transpersonal Studies

No abstract provided.

Laura Jensen, Dina Ben-Lev

Western Writers Series Digital Editions

Poet and critic Tess Gallagher has described Laura Jensen as “the Einstein of the ordinary.” Just as Einstein's theories disrupted the then common-sense understanding of a universe governed by immutable laws, Jensen’s poems transform our view of the everyday things we take for granted, the ordinary birds and flowers we no longer notice. “Behind a poem is a bad intention / to make the reader worry deeply,” Jensen writes in “What Is Poetry?”, a poem from her first chapbook (After 16). Her poems “worry” us because they force us to confront our fear of the unpredictability of the world. …

Translational Regulation Of Lipoprotein Lipase By Epinephrine Involves A Trans-Acting Binding Protein Interacting With The 3′ Untranslated Region, Gouri Ranganathan, Diane Vu, Philip A. Kern

Clinical and Translational Science Faculty Publications

To better characterize the translational regulation of lipoprotein lipase (LPL) by epinephrine, cytoplasmic extracts were prepared from 3T3-L1 adipocytes, 3T3-F442A adipocytes, and other nonadipocyte cell lines (C2 cells, 3T3 fibroblasts, and Chinese hamster ovary cells). After treatment with epinephrine, cell extracts from the adipocytes inhibited LPL translation in an in vitro translation assay, whereas extracts from the C2 cells and 3T3 fibroblasts did not affect LPL translation. To identify the region on the LPL mRNA that controlled translation, in vitro translation was carried out using constructs containing different LPL sequences. Specific deletion of the first 50 (1601-1650) nucleotides of the …

Metal And Organochlorine Contaminants In Tissues Of Nestling Wading Birds (Ciconiiformes) From Southern Florida, Marilyn G. Spalding, Christine K. Steible, Stephen F. Sundlof, Donald J. Forrester

Florida Field Naturalist

No abstract provided.

Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …

Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.

Wright State University Men's And Women's Swimming And Diving Media Guide 1997-1998, Wright State University Athletics

Athletics Publications

A media guide for Wright State University's 1997-1998 Swimming and Diving team. This guide includes photographs, player stats, game results, and records.

Nexus, Winter 1997, Wright State University Community

Nexus Literary Journal

Nexus is a magazine that began as an insert in the Wright State Guardian student newspaper in 1965 and has since been published semi-regularly. It began only accepting creative writing, but has since expanded to include illustrations, photography and other non-written art forms. Today, it is published in a digital format and accepts submissions from around the country, though it maintains its commitment to the Wright State Community.

Coverage Of Psychiatric Disorders Under The Americans With Disabilities Act, Peggy R. Mastroianni, Carol R. Miaskoff

Villanova Law Review (1956 - )

No abstract provided.

The New Genetic Age: Do Our Genes Make Us Disabled Individuals Under The Americans With Disabilities Act, Mark S. Dichter, Sarah E. Sutor

Villanova Law Review (1956 - )

No abstract provided.

Disability Law - Susquenita School District V. Raelee S., Pendent Placement And Financial Responsibility Under The Individuals With Disabilities Education Act: The Third Circuit's Extension Of Burlington, Christine Moyles Kovan

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar

Villanova Law Review (1956 - )

No abstract provided.

A Perry, Perry Poor Policy Promoting Prejudice Rebuked By The Reality Of The Romer Ruling: Thomasson V. Perry, Amy E. Pizzutillo

Villanova Law Review (1956 - )

No abstract provided.