Digital Commons Network^™

Does 42 U.S.C. § 1983 Redress Arbitrary, Capricious, Or Unfair Student Dismissals From State Colleges?, Robert Firester

University of Dayton Law Review

No abstract provided.

Prenatal Hiv Testing Under Ohio Revised Code Section 3701.242: The Doctor's Dilemma And The State's Shame, R. Curtis Mcneil

University of Dayton Law Review

No abstract provided.

Creating Community For Responsible Change, Michael D. Blackwell

Institute for Educational Leadership Monograph Series

Building community is very hard work, and it must be done with sincere, persistent, and concerted effort. My bias is toward a critical cultural pluralism wherein people seek to accept others as human beings without relinquishing the necessity of simultaneously evaluating one's own perspectives as well as others'. In this paper, I move from a clarification of fundamental definitions, to a delineation of the requisite elements, to forging the best possible society -- a community of total participation and humane partnership.

The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon

Richmond Journal of Law & Technology

On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …

Welfare Reform: An Historical Overview, Richard K. Caputo

Richmond Public Interest Law Review

This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.

Reinventing Human Services In America, David Stoesz

Richmond Public Interest Law Review

Passage of the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996 presents an opportunity to reinvent human services in America. For more than a decade, the welfare bureaucracy and public assistance programs of state welfare have been in crisis. The clients who depend on welfare detest it, finding and keeping qualified professionals to work in the public social services has become an administrative headache, and taxpayers perceive welfare as a fiscal black hole that perpetuates immorality. The recent decision to "devolve" welfare in a block grant to states underscores the urgency to rethink public assistance to poor families. There …

Choosing Federal Judges In The Second Clinton Administration, Carl W. Tobias

Law Faculty Publications

One of the critical responsibilities that the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy lifetime tenure and must resolve disputes implicating the basic freedoms of America's citizens. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office. When then-Governor Clinton campaigned for the presidency in 1992, he promised to name intelligent judges who possess balanced judicial temperament and evince a commitment to protecting …

Dear President Clinton, Carl W. Tobias

Law Faculty Publications

Professor Tobias offers advice on judicial selection philosophy for the newly reelected President Bill Clinton.

Clinical Implications Of Brca1 Genetic Testing For Askenazi-Jewish Women, Georgia L. Wiesner, M.D.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Brca1: To Test Or Not To Test, That Is The Question, Mendel E. Singer, Phd., Randall D. Cebul, M.D.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

At The Intersection Of Bankruptcy And Divorce: Property Division Debts Under The Bankruptcy Reform Act Of 1994, Meredith J. Harbach

Law Faculty Publications

Bankruptcy has long had unique implications for divorce settlements and debts between ex-spouses. Historically, some marital debts owed from one ex-spouse to another were excepted from the traditional policy of "discharge. " Bankruptcy law distinguished between debts in the nature of alimony, maintenance, and support, which were protected from discharge, and property division debts, which were not. This distinction often had harsh consequences for creditor ex-spouses. Reeently, Congress enacted the Bankruptcy Reform Act of 1994, in part to ameliorate this problem. The amended Bankruptcy Code providP..s better protection for some property division debts. In this Note, Ms. Johnson argues that …

Convicted Sex Offenders V. Our Children: Whose Interests Deserve The Greater Protection?, Chrisandrea L. Turner

Kentucky Law Journal

No abstract provided.

Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes

Kentucky Law Journal

No abstract provided.

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald G. Cadle

Kentucky Law Journal

No abstract provided.

Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead

Kentucky Law Journal

No abstract provided.

Management Of California Oak Woodlands: Uncertainties And Modeling, Jay E. Noel, Richard P. Thompson

Agribusiness

A mathematical policy model of oak woodlands is presented. The model illustrates the policy uncertainties that exist in the management of oak woodlands. These uncertainties include: (1) selection of a policy criterion function, (2) woodland dynamics, (3) initial and final state of the woodland stock. The paper provides a review of each of the uncertainty issues. The final section of the paper describes a modeling approach that can be developed to assist policy makers in evaluating alternative oak woodland policy actions.

Reclaiming The Law Of Suretyship, Barlow Burke

Scholarly Articles in Law Reviews & Journals

Business firms, including miners and mining companies, seek to prevent loss in various ways. When their assets are real property, a mortgage may provide collateral or other security for their activities. As security for a debt, a mortgage is only an effective remedy when it enables the creditor, such as a bank or other lender, to declare a default, seize the title in a foreclosure action, and then use the property to satisfy the mortgage debt. The Latin word for security was securitas, translated as sponsor. The idea of a mortgage lien or a security is that the property itself …

Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore

Kentucky Law Journal

No abstract provided.

The Shaping Force Of Corporate Law In The New Economic Order, Jeffrey N. Gordon

Faculty Scholarship

My topic for this Allen Chair lecture is the shaping force of corporate governance in the new economic order. It is easy to think of corporate law as an arcane field with mysterious terms and peculiar rules, ultimately of interest only to those who are prepared to bill at least 2000 hours a year to unravel its complexities. This is the view that there is a pointless mystery about shareholders, directors, common stocks, debentures, and the bizarre creature my class encountered recently, a convertible exchangeable cumulative preferred stock; and that ultimately corporate law and practice consists of the expert manipulation …

Aboriginal Lands And Resources: An Assessment Of The Royal Commission's Recommendations, Kent Mcneil

Articles & Book Chapters

The Aboriginal peoples have been living on the land in what is now Canada and deriving their livelihood from its natural resources for thousands of years. Elder Alex Stead, at a public hearing held by the Royal Commission on Aboriginal Peoples (RCAP) in Winnipeg on April 22, 1992, put it this way: "We are so close to the land. This is my body when you see this mother earth, because I live by it. Without that water, we dry up, we die. Without food from the animals, we die, because we got to live on that. That's why I call …

From The Bottom Up, Kent Greenawalt

Faculty Scholarship

This Article is about carrying out informal instructions given by people in authority. Although many scholars have written about how legal interpretation resembles interpretation in fields such as literature and religion, few have compared informal instructions and legal rules. My most basic assumption in this Article is that focus on informal situations can illumine the standards people use in performing instructions and the kinds of meaning they attribute to instructions. As my title implies, if we reflect on what amounts to faithful or desirable performance of informal directives and the more conceptual question of what these prescriptive standards "mean," we …

Comments On Campaign Finance Reform, Henry P. Monaghan

Faculty Scholarship

Realistically viewed, the public does not care much about campaign finance. However, the commentators and politicians involved with the campaign process care a great deal. Yet, of those who have expressed any view at all about our topic, few still believe that the existing distinction between expenditures and contributions is satisfactory.

I agree with Judge Winter's statement that, from the point of view of the speaker, the distinction between contributions and expenditures is pretty weak. This is because the choice between the two is made by a donor, who looks for the most efficient way to espouse political ideas and …

Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt

Faculty Scholarship

This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?

My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …

Making The Most Of The New Tax Law: Tax Planning For The Small Business Owner: A Speech For Cpas To Deliver To General Audiences, American Institute Of Certified Public Accountants. Communications Team

Association Sections, Divisions, Boards, Teams

No abstract provided.

An Architecture For Monitoring Visualization And Control Of Gigabit Networks, Guru Parulkar, Douglas Schmidt, Eileen Kraemer, Jonathan Turner, Anshul Kantawala

All Computer Science and Engineering Research

We propose a network monitoring, visualization and control system (NMVC) that ensures adequate quality of service to network users while maintaining high network resource utilization. The main components of our system are a network probe, an endsystem probe, software network management agents that provide extensible multi-attribute event filtering for highly scalable data/event collection, network operation centers (NOCs) which can remotely install and (re)configure these agents, efficient online event ordering algorithms that can help synthesize and display a consistent view of network health, status and performance and a View Choreographer that allows management applications and administrators to specify the mapping of …

The Effect Of Home Environment On Adolescent Substance Use And Depressive Symptoms, S. Susan Su, John P. Hoffmann, Dean R. Gerstein, Robert A. Johnson

Faculty Publications

We used data from the screening phase and first two waves of a panel study to compare the home environments of families with a substance-abusing parent, families with a depressed parent, and families in a comparison group. We diagnosed substance use disorder and affective disorder by administering the Structural Clinical Interview for the Diagnostic and Statistical Manual of Mental Disorders (third edition, revised) to each participating parent. The data suggest that families in which parents display a substance use disorder are very similar to those in which parents suffer from affective disorder, in terms of negative life events and lower …

Taking Care Of Our Daughters, Katharine K. Baker

Cardozo Law Review

In The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies, Martha Fineman gives a powerful critique of the traditional family and proposes an innovative model for change. In the course of her critique, Fineman reveals a number of important truths. Primary among these truths are (1) that dependency begets dependency; (2) that equality rhetoric and practice are vacuous vehicles for justice in a world in which differing degrees of dependency beget different ability; (3) that the privacy and silence of dependency is crucial to patriarchy's construction of the family. Dependencies are created every time a baby is …

Defiling The Dead: Necrophilia And The Law, Tyler T. Ochoa, Christine Jones

Faculty Publications

This article will examine the issue of criminal liability for necrophilia. Part II will address necrophilia in general and will discuss briefly why society finds such acts reprehensible. Part III will discuss existing criminal prohibitions against necrophilia in California and other states. Part IV will discuss the evidentiary use of necrophilia in proving other crimes. Finally, Part V will evaluate proposed legislation outlawing necrophilia.

Predictors Of Divorce Adjustment Among Members Of Three Conservative Protestant Denominations, Andreas Erben

Dissertations

Problem. Only a few attempts have been made thus far to explore the situation of Christian divorced men and women in a scholarly manner. The basic question for this research was to find out what social factors, religious factors, and coping strategies are related to the divorce adjustment of divorced Christians who are members of predominately conservative Protestant denominations and how well these Christians adjust to divorce.

Method. The population for this research project was composed of all currently divorced men and women residing in the United States of America who are members of The Lutheran Church--Missouri Synod, the Church …

Teenage Pregnancy In St. Kitts-Nevis: Psychosocial And Familial Factors, Ermine T. Leader

Dissertations

Problem. This study was conducted to examine some of the factors that are related to teenage pregnancy in St. Kitts-Nevis. It focused on the relationship between teenage pregnancy and father absence/presence, intergenerational teenage pregnancy, childhood sexual abuse, and domestic violence. A young girl's view of her relationship with both parents, the self-esteem of respondents, and their level of attendance and participation in church-related activities were also studied.

Method. Two instruments were incorporated into the questionnaire administered to females in St. Kitts and Nevis between the ages of 12 and 21, some of whom had experienced a pregnancy, and others who …