Digital Commons Network^™

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Law and Contemporary Problems

Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."

Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii

Law and Contemporary Problems

Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.

The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer

Law and Contemporary Problems

Using environmental regulation as an example, Dwyer discusses the role of state law in an era ruled by federal preemption. The present hybrid system of national standards and state implementation and enforcement may be a reasonable accomodation of both state and national interests.

The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans

Osgoode Hall Law Journal

Over twenty-five years have passed since Parkdale Community Legal Services opened its doors in Toronto, changing the face of poverty law and clinical legal education in Ontario. This article details the formative years of the Parkdale clinic and its ongoing partnership with Osgoode Hall Law School. Despite initial opposition from the legal profession the clinic has survived, evolving into an innovative educational tool and delivery model of legal services. The clinic has become an essential component of the mixed Ontario legal aid system and a pattern for other clinics and clinical education programs in Canada. This article documents the considerations …

Pajelle Investments Ltd. V. Herbold: On The Importance Of Having A Convenient Enemy, Brian Bucknall

Osgoode Hall Law Journal

No abstract provided.

The Transformative Potential Of Clinical Legal Education, Lucie E. White

Osgoode Hall Law Journal

No abstract provided.

Remarks Delivered Following The Chief Justice, Judith Penfold, Ruth I. Wahl, Paul D. Copeland, E. Susan Elliott, Larry Taman, Gerald Le Dain, Penny Cader

Osgoode Hall Law Journal

No abstract provided.

Disabling Tenants' Rights, Elinor Mahoney

Osgoode Hall Law Journal

No abstract provided.

Erger V. Askren: Protecting The Biological Parent's Rights At The Child's Expense, Heather M. Latino

Montana Law Review

Erger v. Askren: Protecting the Biological Parent's Rights at the Child's Expense

The Case Of The Speluncean Polluters: Six Themes Of Environmental Law, Policy, And Ethics, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Almost as soon as it was invented in the early 1970s, the United States' modern environmental law framework has been the subject of calls for reform. Six divergent reform approaches predominate that debate today, and behind each lies strongly held policy and ethical perspectives. Using the futuristic setting Lon Fuller created in his classic study of legal theory, The Case of the Speluncean Explorers, Professor J.B. Ruhl pits those environmental law approaches against each other as society finds itself on the day of reckoning for the environment in the year 4310 AD. The discovery many centuries earlier of a remarkable …

Thinking Of Mediation As A Complex Adaptive System, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in certain contexts.

Nova Quarterly: The University Of Texas At El Paso, News And Publications Office, Utep

NOVA

Summer 1997, Vol. 33, No. 4; No. 130

Opportunity

Honesty, Privacy And Shame: When Gay People Talk About Other Gay People To Nongay People, Steven K. Homer, David L. Chambers

Faculty Scholarship

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. This article looks that this convention as it applies in the context of conversations between individuals about acquaintances, friends, and the person next door. We focus on the outing of ordinary people by other ordinary people because the day-to-day lies openly gay people tell to protect friends and acquaintances often place the tellers in a personal ethical …

Beginning The Endgame: The Search For An Injury Compensation System Alternative To Tort Liability For Tobacco-Related Harms, Paul A. Lebel

Faculty Publications

No abstract provided.

Dancing The Buckles Off Their Shoes In Pioneer Utah, Larry V. Shumway

BYU Studies

Endorsed by Mormon leaders as a healthy and uplifting activity, dancing served the important functions of revitalizing the pioneers' spirits and nurturing their sense of community.

Compensating Differentials And Unmeasured Ability In The Labor Market For Nurses: Why Do Hospitals Pay More?, Edward J. Schumacher, Barry T. Hirsch

Health Care Administration Faculty Research

Registered nurses (RNs) employed in hospitals realize a large wage advantage relative to RNs employed elsewhere. Cross-sectional estimates indicate a hospital RN wage advantage of roughly 20%. This paper examines possible sources of the hospital premium, a topic of some interest given the current shifting of medical care out of hospitals. Longitudinal analysis of Current Population Survey data for 1979-94 suggests that a third to a half of the advantage is due to unmeasured worker ability, and the authors conclude that the remainder of the advantage probably reflects compensating differentials for hospital disamenities. Supporting these conclusions is evidence that hospital …

An Exploratory Multiple Case Study: Total Quality And Strategic Planning In Education, Susan J. Hallstrom Evanich

Student Work

This study explored the benefits and limitations of combining Total Quality Education (TQE) and strategic planning in public school districts and the degree to which quality is clarified by the district. This was an exploratory multiple-case study and was conducted because (a) little research exists on either of these practices and even less on the combined approach, (b) the combined approach has not been studied in K-12 public schooling, (c) the combined approach can provide a systemic model which has implications for achieving significant changes in education, and (d) school districts need quality improvement models that are suitable in meeting …

The Impact Of Community Oriented Policing In Omaha, Nebraska, Brad D. Cleeton

Student Work

Community oriented policing (COP) has been adopted by a number of police departments throughout the country as a new policing philosophy. Some of the departments have implemented it in high crime areas and others have used it city-wide. The Omaha, Nebraska Police Department is currently in the process of implementing COP in the entire city. This has occurred gradually since 1989 when 15 officers were assigned to work in Omaha’s low-income housing developments. In 1990 these officers formed the Selective Patrol Unit and started practicing community oriented policing. A bicycle patrol was added in 1992 and COP expanded to other …

Evolution Of The International Legal Norm: A Case Study Of The Legal Regime Over Human Genome Research, T.R Sivaramjani

National Law School Journal

No abstract provided.

In Search Of The Lost Chord: Reflections On The 1996 Item Veto Act, Neal Devins

Faculty Publications

No abstract provided.

The Lessons Of Experience And The Theology Of William Porcher Dubose, Robert B. Slocum

Theology Faculty Research and Publications

Draws out parallels and connections between the life experience and theology of philosopher William Porcher Dubose of the Episcopal Church in the United States. Significance of the book `Turning Points in My Life'; Disclosure of DuBose's life of faith relative to his experiences of conversion, suffering, discovery and transformation; Experience of loss during the Civil War.

School-Based Service: Reconnecting Schools, Communities, And Youth At The Margin, Joan Schine

Service Learning, General

The sound of gunshots was not particularly unusual in Washington Heights, a section of New York City where drug deals were common and children learned early to be vigilant. But on a late summer day in 1992, the fatal shot came from a police revolver, and it was a Dominican, a drug dealer, who was killed. The ensuing turmoil, born of the immediate crisis but a reflection of the longstanding antagonism between the youth of the neighborhood and the police, soon become a riot. Most of the police in the local precinct were White. The overwhelming majority of the young …

Theoretical Underpinnings Of Service Learning, Rebecca Lynn Carver

Service Learning, General

Although the merits of service learning frequently rest on how well it can be argued that the programs improve students' academic skills, this is only one of several outcomes that can result from implementing service learning programs. This article introduces readers to the full range of goals that service learning promises to achieve and to the specific principles that can be put into practice in order to meet these goals. Service learning consciously integrates students' experiences into the curriculum. As such it addresses the three major goals of "experiential education": allowing students to become more effective change agents, developing students' …

Fine Needle Aspiration Cytology In Parotid Lumps, A Zafar, M Shafi, S H. Hassan, S Malik

Section of Otolaryngology, Head & Neck Surgery

Over a period of two years, Fine Needle Aspiration Cytology (FNAC) was performed on 33 patients presenting with a parotid lump. Five patients were excluded as they were treated medically after FNAC report. The FNAC results of 28 cases were compared with histopathological diagnoses of surgically resected specimens. There were 8 true positive, 17 true negative, 1 false positive and 2 false negative cases. Sensitivity was 80%, specificity 94.4% and diagnostic accuracy 89.3%. FNAC is a simple quick, accurate and virtually complications free investigative modality. It is also helpful adjunct to assess preoperatively the suitability and extent of the surgical …

Historical Preservation Districts And Home Sale Prices: Evidence From The Sacramento Housing Market, David E. Clark, William E. Herrin

Economics Faculty Research and Publications

During the past two decades, cities have turned increasingly to historic preservation of residential and commercial property as a method to help revive declining metropolitan areas. Sacramento, California, established historical preservation districts in an attempt to protect and maintain older structures while simultaneously increasing their value. Historic preservation, however, imposes strict rules on property owners that make property improvement more expensive than it otherwise would be. This paper uses hedonic price theory on a sample of residential properties in Sacramento to test whether positive externalities resulting from an historic preservation designation outweigh the potential negative impact of a cumbersome set …

Chaos In The Clinic:Applications Of Choas Theory To A Qualitative Study Of A Veterinary Practice, Eleanor Craven Brennan

The Qualitative Report

This paper is the result of a twelve hour participant observation study of a local, private veterinary practice in southeastern Pennsylvania. Field notes and semi-structured interviews, the result of naturally occurring conversation between me and practice members, were taken over a twelve week period, one hour of site visit each week. Using a grounded theory methodology, categories of social interaction among veterinarians, veterinary technicians, clerical staff, owners and animal clients were assembled, discarded and re-assembled. The resulting categories were analyzed using the conceptual framework of chaos theory and the principles of uncertainty. It appears that the most striking feature of …

Statement, Summer/Fall 1997, Office Of Alumni Relations. Morehead State University

Morehead State Alumni Association Publications

Statement Magazine of Morehead State University from Summer and Fall of 1997.

The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried

Scholarly Works

In Jaffee v. United States, 116 S. Ct. 1923 (1996), the U.S. Supreme Court recognized a testimonial privilege protecting the patient-psychotherapist relationship. Its decision is based on Rule 501 of the Federal Rules of Evidence, which permits courts to decide novel questions of privilege in the light of reason and experience. The Court held that this rule authorized not only recognition of a new privilege, but also a privilege of a broad scope, extending to relationships between patients and licensed clinical social workers. Its decision came as a mild surprise, given a widely shared assumption that Rule 501 creates a …

The Limits Of Advance Directives: A History And Assessment Of The Patient Self-Determination Act, Edward J. Larson, Thomas A. Eaton

Scholarly Works

In this article, Professors Larson and Eaton assess the merits and shortcomings of the Patient Self-Determination Act. The article first traces the legislative history and policy behind the Act. The article then traces and analyzes many of the empirical studies designed to assess the Act and the Act's effect on the use of advance directives. The authors determine that the Act has been, at best, a "modest success." They conclude that the use of advance directives will remain limited and that alternative methods of providing for health treatment decisions, such as empowering physicians to act on incompetents' behalf, will have …

Georgia's Professional Malpractice Affidavit Requirement, Robert D. Brussack

Scholarly Works

Section 9-11-9.1 of the Georgia Code might be the state's most notorious procedural statute. Enacted in 1987 to protect professionals against the harm done by groundless malpractice litigation, the statute provides that a professional malpractice claim ordinarily must be accompanied by an affidavit executed by an expert. In the affidavit, the expert must substantiate the claim by attesting that some act or omission alleged in the claim was a negligent act or omission--a departure from a professional standard of conduct. During the past decade, Georgia's appellate courts have returned again and again to the problem of what section 9-11-9.1 means, …