Digital Commons Network^™

Allocating Progressive Injury Liability Among Successive Insurance Policies, Michael G. Doherty

University of Chicago Law Review

No abstract provided.

The Secret Lives Of The Four Horsemen, Barry Cushman

Journal Articles

"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars …

Positive Parental Involvement In Youth Sports Through The Use Of A Practical Intervention Strategy, Lori B. Naber

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Self-Help Guide Pertaining To Burnout And The Athletic Trainer, Chris J. Heard

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Conflict Is Optional, Difference Is Not : Toward A Difference-Based Approach To Interpersonal Communication, James Arthur Gieseking Jr

Dissertations and Theses

An examination of the discussion of conflict in general, interpersonal and small group communication texts indicates that the conceptualization of conflict theory in the U.S. is increasingly dependent upon three theoretical pillars: the qualities of ubiquity, utility and necessity. A critical, deconstructive analysis of these operational characteristics in relation to the actual human experience of conflict reveals that they are more appropriately associated with the essential condition of difference, rather than conflict, and the concepts of conflict and difference are generally conflated in U.S. communication texts. The synergistic interaction of a variety of specific cultural constructs can be seen as …

Balancing The Demands Of Employment And Family Life: Results Of The Family Caregiving Survey, Eileen M. Brennan, John Poertner

School of Social Work Faculty Publications and Presentations

This article describes patterns of work and family balance that were examined for employed parents who give family care to children with serious emotional disorders. A secondary analysis of data from the Family Caregiver Survey was performed for a subsample of 184 caregivers employed outside the home or having a partner employed full time. Families having different work structures (patterns of part- or full-time employment and of parenting arrangements) reported significantly different levels of job stress, pleasure in work and intimate relationships, work used as coping, and satisfaction handling home responsibilities. Although reported child behaviors were significantly related to stress …

Faster Horses, Woody Kipp

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips

St. Mary's Law Journal

Abstract Forthcoming.

Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears

St. Mary's Law Journal

Abstract Forthcoming.

Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.

St. Mary's Law Journal

In 1991, the Texas Supreme Court addressed the issue of widespread discovery abuse. Technological advancements have brought new challenges to an attorney’s conduct in litigation and in the discovery process. The Texas Code of Professional Responsibility was repealed in 1990 and was replaced by Article 10, § 9 of the State Bar Rules (the Texas Disciplinary Rules of Professional Conduct). The Order of Adoption of the Texas Lawyer’ Creed states “the conduct of a lawyer should be characterized at all time by honest, candor, and fairness.” It is therefore mandatory for attorneys to refrain from engaging in conduct involving dishonesty, …

The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman

St. Mary's Law Journal

Abstract Forthcoming.

A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra

St. Mary's Law Journal

The United States has never fully complied with international agreements concerning refugee’s rights to not be returned to a country where he or she faces certain threats of torture. This lack of compliance by the United States is exacerbated by two conflicting interests: the growing insistence on keeping aliens outside the nation’s borders and protecting international refugees who endure gross violations of their human rights. The recent amendments to the Immigration and Nationality Act (INA) provide a contemporary example of the volatility and inconsistency of the United States’ immigration policy. In April 1996, Congress enacted the Antiterrorism and Effective Death …

Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan

St. Mary's Law Journal

Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …

Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth

St. Mary's Law Journal

The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …

The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores

St. Mary's Law Journal

Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …

Practical Application Of International Environmental Law: Does It Work Atoll, Martin D. Gelfand

Case Western Reserve Journal of International Law

No abstract provided.

The Need For Comprehensive Legislation In The Russian Oil And Gas Industries, Laura A. Wakefield

Case Western Reserve Journal of International Law

No abstract provided.

Presumptive Disqualification And Prior Unlawful Conduct: The Danger Of Unpredictable Character Standards For Bar Applicants, Richard R. Arnold, Jr.

Utah Law Review

The presumptive disqualification approach taken by the majority of jurisdictions in the United States has brought with it a more flexible method of assigning weight and significance to the prior unlawful conduct of bar applicants. This approach is advantageous to bar applicants because it allows applicants with records of prior unlawful conduct the chance to rebut the presumption by proving complete rehabilitation. However, many of the benefits of the flexible approach are undermined by the vagueness of the factors used by the presumptive disqualification approach in evaluating an applicant's character.

Juveniles Transferred To Criminal Court: Legal Reform Proposals Based On Social Science Research, Richard E. Redding

Utah Law Review

No abstract provided.

Dependent Covenants And Commercial Leases After Barton V. Tsern: Rhetoric Of Reform Claims An Easy Victory In Utah, Rena Ashauer-Miller

Utah Law Review

No abstract provided.

Utah Prison Physicians: Can They Commit Malpractice With Impunity Or Does Their Official Immunity Violate The Open Courts Clause?, Paxton R. Guymon

Utah Law Review

No abstract provided.

Recent Developments In Utah Law, Utah Law Review Staff

Utah Law Review

No abstract provided.

Pharmaceutical Research In Plymouth, Gj Sewell, Sf Heath, Mj Priston, Pj Gray

School of Health Professions

Research activities within the pharmacy department at Derriford hospital, Plymouth, have improved patient care, reduced treatment costs, attracted external funding and have brought recognition to the department.

The Influence Of Vitamin E On The Immune System Of The Rainbow Trout (Oncorhynchus Mykiss), Janet Roper

School of Biological and Marine Sciences Theses

This study took the form of three nutritional trials each examining the effects of vitamin E on various physiological, haematological and immunological functions of the rainbow trout. The preliminary study investigated the effect of feeding three experimental diets with different levels of alpha-tocopherol supplementation (0, 100 and 800 mg kgˉ¹ diet), on growth, health and various factors of the non-specific immune response. Liver alpha-tocopherol levels reflected the dietary intake of the vitamin. The fish fed the diet deficient in alpha-tocopherol showed reduced growth and increased mortality They had pale enlarged livers, their hepatosomatic indices and erythrocyte fragility was significantly higher …

Alumni Quarterly - Issue No. 62, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Merle W. Loper- In Memoriam
• Martin Luther King, Jr. Day Speaker
• Gender, Justice, and the Courts
• Where to Find ’96 Alums
• Alumni News

Two Treatment Approaches For Young Children With Autism : Common Ground?, Jodi Suzanne Bronson

Graduate Research Papers

Students with autism display extreme difficulties with communication skills, social interactions, and often engage in restrictive and repetitive patterns of behavior (DSM-IV, 1994 ). As a result of these behaviors, and the often comorbid mental retardation, students with autism have many complex educational needs.

This paper will provide a complete literature review of the historic development of autism, possible etiologies of autism, and current diagnostic criteria. In addition, specifically the literature regarding one current behavioral approach to intervention, the Lovaas Method, and one method of antecedent controlled intervention, the TEACCH model will be reviewed. Additionally, research on other successful interventions …

Integrating The Research Process In The Early Primary Curriculum, Laurie Jean Hazel

Graduate Research Papers

The purpose of this project was to design a developmentally appropriate curriculum that provides primary teachers with the rationale, planning, procedures, and guidance needed to incorporate research projects into their primary grade curriculum. This program is not limited to talented and gifted students; it is recommended for all students.

The literature review consists of profiling the work of teachers and authors in the field of education who incorporate research techniques into their teaching practice. The literature builds a foundation for the importance and benefits of research skills and projects for students of all ages and ability levels.

When primary students …

Portrayal Of Hiv And Aids In Novels Appropriate For Young Adults, Andrea J. G. Frederickson

Graduate Research Papers

The purpose of this study was to determine how HIV/ AIDS is portrayed in literature that is appropriate for young adults. The study was a content analysis using a checklist to record methods of HIV infection for characters, methods of HIV/ AIDS prevention presented, and whether the information presented was consistent with an HIV/ AIDS fact sheet. This fact sheet was derived from information provided by the American Red Cross. The books studied did not contain characters that were infected by all scientifically confirmed modes of HIV transmission. No books in this study included a character who had been infected …

A Comprehensive Review Of Treatment Options For Children With Attention-Deficit Hyperactivity Disorder, Kristin M. Vanderah

Graduate Research Papers

Attention Deficit Hyperactivity Disorder (ADHD), a disorder affecting between 3 and 5 percent of school-age children, manifests as a combination of three core skill deficits: inattention, hyperactivity, and impulsivity. The deficits have been found to present children with many difficulties in both home and school settings. Thus, comprehensive treatment for individuals with ADHD is of paramount importance to their development and their academic and social experiences. The content of this paper is comprised of a review of the recent research that has been published regarding the three major theoretical orientations of ADHD interventions (pharmacological, behavioral, and multimodal treatment). All of …