Digital Commons Network^™

No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee

Vanderbilt Law Review

Rule 60(b)' is an attempt to codify the equitable, common law practice of reforming judgments under special circumstances. The rule, inter alia, authorizes a court to relieve a party from a default judgment for "excusable neglect." This standard, however, is not defined in the rules, and courts have struggled with its meaning. Some circuits define the term liberally and often grant requests to vacate default judgments. Others adopt a strict interpretation and consistently refuse to vacate default judgments resulting from mere carelessness or negligence. Recently, in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, the Supreme Court clarified the …

The Role Of The "Harm/Benefit" And "Average Reciprocity Of Advantage" Rules In A Comprehensive Takings Analysis, Lynda J. Oswald

Vanderbilt Law Review

A "regulatory taking" occurs when the government does not formally exercise its power of eminent domain, but enacts a law or undertakes an action that results in a de facto "taking" of property for which compensation is constitutionally mandated., The United States Supreme Court has struggled for decades to determine when a land use regulation is a valid exercise of the police power (and thus not subject to the compensation requirement of the Fifth Amendment to the United States Constitution) and when such a regulation goes "too far" and becomes a regulatory taking.

The Supreme Court has developed a number …

The Progression Of Β-Amyloid Deposition In The Frontal Cortex Of The Aged Canine, Takao Satou, Brian J. Cummings, Elizabeth Head, Kristy A. Nielson, Fletcher F. Hahn, Norton W. Milgram, Peter Velazquez, David H. Cribbs, Andrea J. Tenner, Carl W. Cotman

Psychology Faculty Research and Publications

Brains from 41 aged canines (≥10 years of age) were examined immunohistochemically to characterize the laminar distribution and age-related progression of β-amyloid (Aβ) in frontal cortex. We classified the Aβ patterns into four distinct types. Type I was characterized by small, faint deposits of Aβ in deep cortical layers. Type II consisted of diffuse deposits of Aβ mainly in layers V and VI. Type III had both dense plaques in superficial layers, and diffuse deposits in deep layers. Finally, Type IV had solely dense plaques throughout all layers of cortex. We compared the A …

Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker

Duke Law Journal

No abstract provided.

California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin

Duke Law Journal

No abstract provided.

Quarterly Meeting, Wku Board Of Regents

Board of Regents Documents

Quarterly meeting of the WKU Board of Regents. Swearing in of president Gary Ransdell. Discussion of Board of Regents' bylaws; disposition of meeting minutes; Executive Committee report; Finance Committee report; Facilities Oversight Committee report; personnel changes; president's report; University Boulevard crosswalk; and resolutions of appreciation for Fred Mudge, Raymond Preston, faculty receiving grants, Gary Cox and Barbara Burch.

Analysis Of Safe Separation Distances From Natural Gas Transmission Pipelines, James Stephen Haklar

Dissertations

Accidental rupture of natural gas transmission pipelines with subsequent ignition of the escaping gas can result in the loss of life and property. In the United States, current means of protecting both the pipeline and the public include the establishment of class locations, in which specific pipeline design, construction and operation requirements must be attained. In addition, distances at which the pipelines can be safely set back from the community, called safe separation distances, have been developed in some European countries (e.g., Great Britain, the Netherlands) through use of risk assessment principles. However, to date there has been no simple, …

Electrocatalytic Control Of Exhaust Soot, Victor L. Callahan

Dissertations

The feasibility of combining electrostatic precipitation and use of a catalytic wall in a straight tube reactor as a means of destroying soot particles was investigated. Enhanced particle diffusion to the wall by an applied electric field provided the means of particle capture for subsequent catalytic oxidation at the active surface in a small length tube.

Soot particles flowing in a gas stream are influenced by the following transport mechanisms: convective flux as a result of bulk flow, diffusion flux as a result of particle concentration or number density gradient, and an electrostatic flux from the coulombic attraction as charged …

Farmer Crushed When Run Over By Tractor And Disc, Kentucky Injury Prevention And Research Center

Fatality Case Reports--Tractors/Logging

A 75-year-old farmer was killed when he was run over by a tractor and disc attachment. The farmer attempted to start the engine on a tractor while he stood on the ground beside it, a practice which was not unusual for him. The transmission had been left in gear and when the ignition was started the tractor lurched forward knocking the victim to the ground. The tractor continued to move forward, running over the victim. His wife went to search for him when she realized he had been gone from the house for quite some time. She found him in …

Spartan Daily, October 31, 1997, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily (School of Journalism and Mass Communications)

Volume 109, Issue 45

Mustang Daily, October 31, 1997

Cal Poly Student Newspaper

Student newspaper of California Polytechnic State University, San Luis Obispo, CA.

The Courier, Volume 31, Issue 5, October 31, 1997, The Courier, College Of Dupage

The Courier

Stories:

Blackout Knocks Out Classes

Biology Professor Wins “Teacher Of The Year” Award

COD Partners With German School For Office Technology Program

New Quarterly Brings New Changes

COD Teachers Honored During “Day Of The Dead”

Students Take Safe Sex Seriously

Campus Art Directory

Greeley Opens Lecture Series

Artist Robert Barnes Speaks At Arts Center

People:

Harold Cohen

Francisca Zarate

Juan Torres

Joe Hake

Maria Damianova

Andrew Greeley

Robert Barnes

Robyn Coffin

Jeanette Lawdensky

The Bates Student - Volume 127 Number 07 - October 31, 1997, Bates College

The Bates Student

No abstract provided.

Stony Brook Press, V. 19, N. 05, Stony Brook University. Stony Brook Press.

Stony Brook Press

v. 19, n. 05, v.:ill. ; 38 cm (original analog pub.)

25 Year Pilot Program For Casino Gambling.

Initiatives

25 YEAR PILOT PROGRAM FOR CASINO GAMBLING. INITIATIVE CONSTITUTIONAL AMENDMENT. Creates pilot experimental casino-type gambling project limited to California City, Kern County, and one Indian reservation selected by majority-vote of sovereign Indian tribes. After 25 years, Legislature may expand or eliminate gaming. Provides that measure repeals conflicting constitutional or statutory prohibitions. Provides for three-member gaming commission appointed by Governor for four-year terms, with specified powers, duties, salaries, staff. Mandates Legislature to enact specified gaming laws. Authorizes California City to permit gambling locally with city licenses and state permits. Requires permittees to pay annual permit fee set by Legislature. Summary of …

Library Newsletter, Volume 3, No. 7, October 31, 1997, Deborah Boran Henry

Nelson Poynter Memorial Library Newsletters

The October 31, 1997 issue of a newsletter for faculty and staff from the University of South Florida St. Petersburg's Nelson Poynter Memorial Library. This newsletter was incorrectly labeled as Volume 3, No. 6.

The Bison, October 31, 1997

The Bison Newspapers

No abstract provided.

Licensing Public Social Workers In Selected States, Kyle G. Cloutier

Theses and Graduate Projects

In Minnesota a coalition of seven professional associations (i.e., National Association of Social Workers, Minnesota Conference on Social Work Education, Minnesota School Social Workers' Association, Minnesota Nursing Home Social Workers Association, Minnesota Society for Clinical Social Work, Minnesota Society for Social Work Administrators in Health Care, and the Minnesota Home Care Social Workers Association) are attempting to persuade state legislators to amend a current statute that exempts public social workers from social work licensure. Unlike Minnesota, a number of other states have licensing requirements for social workers employed by public human service agencies. A review of the literature shows that …

The New Hampshire, Vol. 88, No. 15 (Oct. 31, 1997), The New Hampshire

The New Hampshire Print Edition

An independent student produced newspaper from the University of New Hampshire.

The Murray State News, October 31, 1997, The Murray State News

Murray State University Collection

No abstract provided.

Nino, Rosa Oral History Interview: Sesquicentennial Of Holland, "150 Stories For 150 Years", Geoffrey Reynolds

Sesquicentennial of Holland, "150 Stories for 150 Years"

No abstract provided.

Flyer News, Vol. 45, No. 13 (Oct. 31, 1997), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton

Daily Eastern News: October 31, 1997, Eastern Illinois University

October

No abstract provided.

Volume 35, Number 11: October 31, 1997, University Of North Dakota

University Letter Archive

No abstract provided.

Mule Deer And Pronghorn Use Of Wastewater Ponds In A Cold Desert, Karen L. Cieminski, Lester D. Flake

Great Basin Naturalist

Pronghorn (Antilocapra americana) and mule deer (Odocoileus hemionus) were counted at wastewater ponds at the Idaho National Engineering and Environmental Laboratory (INEEL) in southeastern Idaho 4 to 8 times per month from August 1989 through July 1991. Mule deer used wastewater ponds (n = 15) from June through December and were most commonly observed August through November. Pronghorn frequented wastewater ponds from May through November and were most common from July through September, the driest and warmest months; ponds were also used heavily in November 1990. Diel activity was studied from July through October. Mule …

Panther- October 1997 - Vol. Lxxv, No.2, Prairie View A&M University

PV Panther Newspapers

No abstract provided.

Development Of Aqueous Scrubber To Oxidize And Absorb Nitric Oxide, Wanna Lolertpiphop

Theses

The use of sodium chlorite (NaClO₂) and alkaline aqueous cumene hydroperoxide (CHP) as oxidizing agents to promote the absorption of nitric oxide from flue gases was investigated in a semicontinuous bubbling scrubber. The efficiency of the scrubbing solutions to remove nitric oxide was evaluated as a function of operating conditions such as pH, concentration of the oxidants, residence time, temperature, flue gas compositions.

Under acid conditions, sodium chlorite can stoichiometrically react and absorb 99.5% NO and 80% SO₂ in the same scrubber with 0,672 M NaClO₂ in buffered solution at pH 6, and 0.3 M NaOH. …

Interactive And Batch Creation Of Oodb Medical Vocabularies, Muhammad Arif

Theses

Controlled vocabularies are becoming popular for knowledge representation and querying. They are particularly helpful in the medical field since they can unify disparate terminologies and provide information in a compact, comprehensible manner. In this thesis, we present a mechanism to create OODB controlled medical vocabularies from flat-file format. We also describe a tool by which a user can interactively create, edit and browse the vocabulary. For better understanding of the structure of the vocabulary we designed our interface as a graphical editor and browser. The user of this interface will typically be a medical expert who either wants to add …

The Socio-Economic Role Of Crude Oil In The United States And Finland, Judith Deak Kallo

Theses

Running a company requires daily assessment of opportunities, risks and trends which involve socio-economic changes and scientific uncertainties. Technical-material resources play a major role in the uncertainty of corporate economics. Overproduction combined with increasing efficiencies have resulted in accelerated use and misuse of resources, accompanied by socio-ecological abuses related to wars and pollution. A significant current threat is global warming. As a result of this global challenge several companies have moved towards a more comprehensive environmental business management model. This is seen in corporate management initiating life cycle assessment and risk analysis of their products.

The socio-economic role of crude …

Multi-Lifecycle Assessment Of Cathode Ray Tubes, Devendra Jayant Badwe

Theses

Over the past few years environmental issues and concerns have become more and more important, as they become a common part of most people's personal experience. In these regards, the electronics industry is facing substantial problems in terms of end-of-life management of its products, televisions and monitors in particular. The building blocks of this industry are usually viewed as relatively "clean". However, manufacturing by-products of the electronics industry and the disposition of electronics are becoming increasingly important technical, financial, and environmental issues.

Within the context of the above issues, environmentally responsible disposal of Cathode Ray Tubes (CRT's), which is still …