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1997

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Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin Dec 1997

Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin

University of Michigan Journal of Law Reform

Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.

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Regulatory Standards And Products Liability: Striking The Right Balance Between The Two, Teresa Moran Schwartz Dec 1997

Regulatory Standards And Products Liability: Striking The Right Balance Between The Two, Teresa Moran Schwartz

University of Michigan Journal of Law Reform

Common law courts have a long tradition of borrowing legislative and regulatory standards to define standards of care under the tort system. Treating such standards as setting minimum levels of care and safety under tort law, the courts uniformly have ruled that violations of standards constitute negligence per se, while compliance is merely evidence of negligence. Although critics of the tort system have urged legislatures and courts to adopt rules giving greater weight to regulatory compliance in products liability cases, the drafters of the Restatement (Third) of Torts: Products Liability have declined to do so. They have adopted instead an …

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Inadequate Product Warnings And Causation, Mark Geistfeld Dec 1997

Inadequate Product Warnings And Causation, Mark Geistfeld

University of Michigan Journal of Law Reform

The market failure that provides an economic justification for imposing tort liability on product sellers for design and manufacturing defects also justifies tort liability for inadequate warnings. In general, the liability standards proposed in the most recent draft of the Restatement (Third) of Torts: Products Liability have the potential to remedy this market failure, although this purpose is not furthered by the Draft's requirement that plaintiffs prove that an adequate warning would have prevented the injury. Unless courts presume causation (as most currently do), sellers will not have sufficient incentive to warn about unavoidable product risks. Moreover, there is no …

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Timmy Tumble V. Cascade Bicycle Co.: A Hypothetical Case Under The Restatement (Third) Standard For Design Defect, Hildy Bowbeer, Todd A. Cavanaugh, Larry S. Stewart Dec 1997

Timmy Tumble V. Cascade Bicycle Co.: A Hypothetical Case Under The Restatement (Third) Standard For Design Defect, Hildy Bowbeer, Todd A. Cavanaugh, Larry S. Stewart

University of Michigan Journal of Law Reform

These briefs were written for a hypothetical design defect case. Bowbeer and Cavanaugh argue for, and Stewart argues against, the adoption of the Restatement (Third)'s reasonable alternative design standard and the rejection of the Restatement (Second)'s consumer expectations test in the hypothetical State of Hutchins. The authors discuss the relative merits of the two tests, as well as the status to be accorded to Restatement standards in general. To do so Bowbeer, Cavanaugh, and Stewart rely upon precedent from other jurisdictions, one hypothetical Hutchins case, and various policy arguments advanced in the deliberations about adopting the new Restatement. In …

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Anthroposophic Perspectives In Primary Care, Ira S. Cantor Md, Steven Rosenzweig Md Dec 1997

Anthroposophic Perspectives In Primary Care, Ira S. Cantor Md, Steven Rosenzweig Md

Department of Emergency Medicine Faculty Papers

A core challenge of contemporary medicine is to integrate the technological successes of biomedical science with a comprehensive under-standing of the physical, psychosocial, ecological, and spiritual dimensions of health and illness. Toward this end, bridges are being created between conventional medicine and alternative systems of healing which reflect a holistic model of the human being. Even when both conventional and complementary approaches are used side-by-side in the same patient, they remain separate in their basic assumptions and goals. Today's mechanistic disease model is cut off from such notions as life-energy, consciousness, and spirituality, so integral to many alternative paradigms. Anthroposophically …

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Is It Lost Or Just Forgotten? The Use Of Age Regression In Recapturing A Second Language, Marlene J. Mowery Dec 1997

Is It Lost Or Just Forgotten? The Use Of Age Regression In Recapturing A Second Language, Marlene J. Mowery

All-Inclusive List of Electronic Theses and Dissertations

This study addresses the question of whether a second language learned in early childhood and later forgotten is lost forever or is situationally unretrievable. The focus of this case study is the examination of hypnotic age regression as a means of retrieval and the use of posthypnotic suggestion in recapturing and maintaining a lost language. A multi-session single subject design was employed in this study. The participant was a nine-year-old American female who was exposed to Hungarian in a Budapest pre-school setting from age three years nine months to age four years seven months. The subject became as fluent as …

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The Representation Of Samson's Eyes In Samson Agonistes, Timothy J. Burbery Dec 1997

The Representation Of Samson's Eyes In Samson Agonistes, Timothy J. Burbery

English Faculty Research

Everyone knows that in Samson Agonistes Milton altered many details in the judges narrative of Samson, changing Dalila from a concubine to a wife, for instance, and inventing the characters of Harapha and the Public Officer. Yet one alteration that has gone unnoticed is the fact that Samson's eyeballs remain intact and his face looks normal and uninjured even after his being violently blinded by the Philistines.

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Columbia River Basin Water Law Institutions And Policies Survey: Report To The Western Water Policy Review Advisory Commission, Michael A. Schoessler, Scott B. Yates, Janet C. Neuman, Angus Duncan, Michael C. Blumm, Brett M. Swift Dec 1997

Columbia River Basin Water Law Institutions And Policies Survey: Report To The Western Water Policy Review Advisory Commission, Michael A. Schoessler, Scott B. Yates, Janet C. Neuman, Angus Duncan, Michael C. Blumm, Brett M. Swift

River Basin Studies

Report to the Western Water Policy Review Advisory Commission

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Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz Dec 1997

Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz

Michigan Law Review

Approximately 2.8 million American couples suffer from infertility, a condition generally defined by the medical community as the failure to conceive after one year of unprotected intercourse. During the past thirty years, diagnostic and therapeutic techniques for treating infertility have improved drastically, enabling many previously infertile couples to bear children. These techniques, however, involve considerable expense and inconvenience, frequently requiring patients to take time off from work. Disputes with employers may follow, sometimes resulting in the infertile employee's termination. Some terminated employees, claiming that infertility constitutes a disability, then sue their former employers under the Americans with Disabilities Act of …

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A Question Of Intent: Aiding And Abetting Law And The Rule Of Accomplice Liability Under § 924©, Tyler B. Robinson Dec 1997

A Question Of Intent: Aiding And Abetting Law And The Rule Of Accomplice Liability Under § 924©, Tyler B. Robinson

Michigan Law Review

Firearms are common tools of the violent-crime and drugtrafficking trades. Their prevalence is reflected in the frequency with which federal prosecutors charge, juries apply, and courts review 18 U.S.C. §924(c). That provision imposes heavy penalties for either the use or carrying of a firearm "during and in relation to any crime of violence or drug trafficking crime," in addition to the punishment provided for the underlying violent or drug-related offense. A conviction under section 924(c) carries at the very least a mandatory, consecutive five-year sentence, even when the underlying crime already provides enhanced punishment for use of a dangerous weapon …

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Pomobabble: Postmodern Newspeak And Constitutional "Meaning" For The Uninitiated, Dennis W. Arrow Dec 1997

Pomobabble: Postmodern Newspeak And Constitutional "Meaning" For The Uninitiated, Dennis W. Arrow

Michigan Law Review

A parody of postmodern writing.

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Foundations Of Object-Based Specification Design, David March Fleming Dec 1997

Foundations Of Object-Based Specification Design, David March Fleming

Graduate Theses, Dissertations, and Problem Reports (ETD)

To enhance applicability and encourage its use, a component or a component-based system must have a well-designed set of interface features as well as a proper explanation of these features. The dual problem of designing a suitable set of interface features in addition to properly explaining its behavior is termed the specification design problem. This dissertation identifies observability, controllability, and a performance-motivated pragmatic criterion as essential properties of desirable formal specifications for reusable object-based software components. The pragmatic criterion guides the design of component interfaces and component libraries to a suitable set of features so that they are widely applicable, …

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Digital Science: Electronic Association And Groupware In Facilitating Third Sector Research, Roger A. Lohmann Dec 1997

Digital Science: Electronic Association And Groupware In Facilitating Third Sector Research, Roger A. Lohmann

Faculty & Staff Scholarship

In thinking about the application of computers and the internet technology to problems of association, collaboration and civil society we need to get beyond the current state of mimicking existing social processes and discover new ways to extend and enhance those social processes.

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A Parallel Algorithm For Determining Orientations Of Biological Macro- Molecules Imaged By Electron Microscopy, Timothy S. Baker, Ionana M. Boier Martin, Dan C. Marinescu Dec 1997

A Parallel Algorithm For Determining Orientations Of Biological Macro- Molecules Imaged By Electron Microscopy, Timothy S. Baker, Ionana M. Boier Martin, Dan C. Marinescu

Department of Computer Science Technical Reports

No abstract provided.

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The Platonic Spheroids, Jörg Peters, Leif Kobbelt Dec 1997

The Platonic Spheroids, Jörg Peters, Leif Kobbelt

Department of Computer Science Technical Reports

No abstract provided.

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Interactive Visualization Of Multi- Dimensional Scientific Data (Ph.D. Thesis), Daniel R. Schikore Dec 1997

Interactive Visualization Of Multi- Dimensional Scientific Data (Ph.D. Thesis), Daniel R. Schikore

Department of Computer Science Technical Reports

No abstract provided.

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Compact Recognizers Of Episode Sequences, Alberto Apostolico, Mikhail J. Attalah Dec 1997

Compact Recognizers Of Episode Sequences, Alberto Apostolico, Mikhail J. Attalah

Department of Computer Science Technical Reports

No abstract provided.

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Collaborative Environments For Scientific Computing The Task Of Algorithm/Software Selection, N. Ramakrishnan, Anupam Joshi, Elias N. Houstis, John R. Rice Dec 1997

Collaborative Environments For Scientific Computing The Task Of Algorithm/Software Selection, N. Ramakrishnan, Anupam Joshi, Elias N. Houstis, John R. Rice

Department of Computer Science Technical Reports

No abstract provided.

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Analysis Of Field Test Results For Npcs, Yang Zhang Dec 1997

Analysis Of Field Test Results For Npcs, Yang Zhang

Electronic Theses and Dissertations

No abstract provided.

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Temperature-Dependence Studies Of Photorefractive Effect In A Low Glass-Transition-Temperature Polymer Composite, Bogdan Swedek, Ning Cheng, Yiping Cui, Jaroslaw W. Zieba, Jeffrey G. Winiarz, Paras N. Prasad Dec 1997

Temperature-Dependence Studies Of Photorefractive Effect In A Low Glass-Transition-Temperature Polymer Composite, Bogdan Swedek, Ning Cheng, Yiping Cui, Jaroslaw W. Zieba, Jeffrey G. Winiarz, Paras N. Prasad

Chemistry Faculty Research & Creative Works

The temperature dependence of the photorefractive effect in a polymer composite containing poly(9-vinycarbazole), tricresyl phosphate, buckminsterfullerene, and 4-(N,N-diethylamino)-β-nitrostyrene is presented. The photoconductive, electro-optic and photorefractive properties of the material have been studied in the temperature range of 22-61°C. An apparent increase of electro-optic modulation with temperature and its eventual saturation is observed. This behavior is attributed to the temperature activated orientational mobility of the second-order nonlinear chromophores. The polarization anisotropy between the p- and s-polarized readouts is consistent with what would be expected on the basis of directly measured effective electro-optic coefficients. By correlating the electro-optic value with the diffraction …

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Have Pen, Will Travel: A Professional Writer's Sojourn, Susan Nichols Weiss Dec 1997

Have Pen, Will Travel: A Professional Writer's Sojourn, Susan Nichols Weiss

Digitized Theses and Dissertations (prior to 2008)

A portfolio submitted in partial fulfillment of the requirements for the degree of Master of Arts in Professional Writing in the Department of English in the College of Arts, Humanities, and Social Sciences of Kennesaw State University

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Preliminary Investigation Of The Extent And Effects Of Sediment Contamination In White Lake Near Whitehall Leather Tannery, Richard Rediske, Gary Fahnenstiel, Tom Nalepa, Peter Meier, Claire Schelske Dec 1997

Preliminary Investigation Of The Extent And Effects Of Sediment Contamination In White Lake Near Whitehall Leather Tannery, Richard Rediske, Gary Fahnenstiel, Tom Nalepa, Peter Meier, Claire Schelske

Scientific Technical Reports

By using a combination of chemistry, toxicological evaluation, ecological analysis, and radiodating, this investigation has defined the ecological effects and the nature and extent of sediment contamination in the Tannery Bay area of eastern White Lake. The sediments in Tannery Bay represent a source of chromium transport for most of the eastern basin of White Lake. The recent deposition of chromium contaminated sediments exceeding 500 mg/kg in down gradient locations shows that export processes are responsible for the movement of this material from Tannery Bay. Arsenic and mercury appear to be less mobile and are retained in the sediments of …

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Introduction Of Iowa System Of Curves To Reliability Engineers, Alamgir Alvi Dec 1997

Introduction Of Iowa System Of Curves To Reliability Engineers, Alamgir Alvi

Masters Theses

The reliability engineers have been using different techniques and a good number of theoretical models to analyze and predict the performance of the designed systems and products. While, most of the engineers working in the area of life analysis, have been using the empirical model named Iowa systems of curves to analyze and forecast the service life of industrial properties. Two different groups of experts have obviously been working toward almost the same objective but using different techniques and tools. The purpose of this study is to introduce to reliability engineers the Iowa systems of curves and compare this empirical …

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Regulating The Sport Of Boxing - Congress Throws The First Punch With The Professional Boxing Safety Act, Kelley C. Howard Dec 1997

Regulating The Sport Of Boxing - Congress Throws The First Punch With The Professional Boxing Safety Act, Kelley C. Howard

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

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Judicial Activism Works The Constitution Out Of Shape - Acton And Its Atrophic Effect On The Fourth Amendment Rights Of Student Athletes., Christian Edward Samay Dec 1997

Judicial Activism Works The Constitution Out Of Shape - Acton And Its Atrophic Effect On The Fourth Amendment Rights Of Student Athletes., Christian Edward Samay

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

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Scoreboard: A Concise Chronological Twenty-Five Year History Of Title Ix Involving Interscholastic And Intercollegiate Athletics, Diane Heckman Dec 1997

Scoreboard: A Concise Chronological Twenty-Five Year History Of Title Ix Involving Interscholastic And Intercollegiate Athletics, Diane Heckman

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

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Stock Market And Macroeconomic Policies: New Evidence For The Pacific Basin Countries, Unro Lee Dec 1997

Stock Market And Macroeconomic Policies: New Evidence For The Pacific Basin Countries, Unro Lee

Eberhardt School of Business Faculty Articles

This article investigates whether the stock markets of the Pacific Basin countries of Hong Kong, Singapore, South Korea, and Taiwan are informationally efficient with respect to macroeconomic policies. Granger causality tests are utilized in the context of a Vector Error Correction Model to test the relationship between aggregate stock prices and monetary and fiscal policies. The findings indicate that the stock markets of all four countries are not efficient with respect to both macroeconomic policies. These findings are different from those of other articles focusing on major industrialized countries. Rejection of market efficiency may be attributed to the unique structure …

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Feasibility And Implementation Planning For The Centennial Of Powered Flight, Harrison Price Company Dec 1997

Feasibility And Implementation Planning For The Centennial Of Powered Flight, Harrison Price Company

Harrison "Buzz" Price Papers

In 2003 Dayton will produce an international yearlong celebration of the Centennial of Powered Flight. The 2003 Committee authorized Harrison Price Company (HPC) to prepare a Feasibility and Economic Planning Study for the Festival of Flight. The study is divided into nine sections including this Introduction which describes the Centennial of Flight background, the purpose of the 2003 Committee, the role and structure of the National Historic park and the study scope and methodology. Section two, Program Concept Parameters, outlines the content of the program. This includes programmatic content, and descriptions of the Festival of Flight program, Air Force Museum …

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Collegiate Activities That Influence Adult Physical Fitness Habits, Linda L. King Dec 1997

Collegiate Activities That Influence Adult Physical Fitness Habits, Linda L. King

Electronic Theses and Dissertations

This descriptive/correlational study analyzed the perception of recent graduates regarding the effectiveness of the college environment at Milligan College in influencing adult fitness habits. Graduates were divided into five activity level groups through a self-report of physical activity. The purposes of the research were to determine if significant differences existed between the dependent variable, activity level, and the independent variables such as: (a) participation in specific college activities, (b) preferences for types of exercise, (c) social influence, (d) influence of a required freshman fitness course, and (e) environmental barriers. A profile of the student most likely to exercise after graduation …

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Teacher Perceptions Of Channel One's Influence On Middle School Students In Sullivan County, Tennessee, Joy M. Ramsey Dec 1997

Teacher Perceptions Of Channel One's Influence On Middle School Students In Sullivan County, Tennessee, Joy M. Ramsey

Electronic Theses and Dissertations

This study examines Channel One's influence on middle schools in Sullivan County, Tennessee. The purpose of the study is to investigate the views, feelings, and opinions of Sullivan County middle school teachers regarding the use of Channel One in their classrooms. The study utilizes data gathered from surveys and personal interviews from five middle schools in Sullivan County, Tennessee that subscribe to Channel One. Areas of data presentation include the uses of Channel One in each teaching classroom, the positive and negative consequences Sullivan County middle school teachers perceive Channel One has on their students, the effects of Channel One's …

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