Digital Commons Network^™

Criminal Procedure: Confession, Search And Seizure, Thomas M. Melsheimer, David M. Finn, Charlotte Abendroth Welch

SMU Law Review

No abstract provided.

Banking Law, James W. Doyle

SMU Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Coming Of Age: Initiating The Oilfield Into Performance Disclosure, John Burritt Mcarthur

SMU Law Review

No abstract provided.

Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino

Faculty Publications

From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.

This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …

Stemming Technique For Loading Angled Holes Charged With Anfo, Michael David Wilkins

Masters Theses

"Little research has been published on stemming blast holes, particularly what happens during the process. Previous work has concentrated on the performance of the inert material to find the best way to seal the hole and retain the explosive energy, at the exclusion of determining what happens during the loading and stemming process. Such studies were carried out by Konya and Worsey.

The major problem with stemming studies is that rock is an opaque material, and the actual mechanisms involved during the stemming process cannot be viewed. For this reason, tests were performed using clear tubes to simulate a blast …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Front Matter, Deborah L. Bainer, Gene A. Kramer, Richard M. Smith

Mid-Western Educational Researcher

Front Matter

Voices From The Past, Deborah L. Bainer, Christine S. Halon

Mid-Western Educational Researcher

No abstract

Dismantling Desegregation, Joseph Watras

Mid-Western Educational Researcher

Readers are asked to review recently published or classic books in education and research. In his review of Dismantling Desegregation, Watras acknowledges the authors’ contribution to the discussion of urban education but challenges their indirect approach to addressing abstract considerations under-lying the complex issue of racial integration in schools and communities.

Reviewers For 1997, Deborah L. Bainer, Gene A. Kramer, Richard M. Smith

Mid-Western Educational Researcher

Reviewers

Mentoring: Help Or Hindrance?, Mary Bendixen-Noe, Carmen Giebelhaus

Mid-Western Educational Researcher

The research literature shows mentoring programs in education to be highly complex and situational. While there are potential advantages for both the mentor and the novice teacher, several issues remain problematic and presently limit the effective, widespread use of mentoring as a way of inducting new teachers into the profession.

Employment And Labor Law, Cyndi M. Benedict, Lucie Frost Webb, Joseph A. Bourbois, Jeffrey L. Bryan

SMU Law Review

No abstract provided.

Judge Friendly And The Law Of Securities Regulation: The Creation Of A Judicial Reputation, Margaret V. Sachs

SMU Law Review

No abstract provided.

The Fishing Gets Easier, Kathryn R. Urbonya

Popular Media

No abstract provided.

Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard

Journal of Law and Health

This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …

The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois

Journal of Law and Health

This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..

Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller

Journal of Law and Health

This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.

Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller

Journal of Law and Health

The purpose of this Note is not to answer the question of how excessive medical malpractice and punitive damage awards are. Many highly respected scholars on different sides of the issue have spent large portions of their careers trying to resolve that issue without finding a common ground. This author does not boldly claim to provide an answer in this limited forum. This Note does, however, address a possible source of public frustration with the state of medical malpractice and punitive damages: the lack of a principled basis for the awards that juries give to the victims. The perception among …

Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl

Journal of Law and Health

Even though most Americans have not heard of telemedicine, the federal government is already actively involved in "developing a national telemedicine strategy." This note attempts to accomplish the following: demonstrate the urgent need of rural communities to gain access to adequate health care; clarify how telemedicine can provide enhanced health care to rural communities; and analyze the legal obstacles that have prevented, thus far, the most beneficial utilization of telemedicine. In particular, this note will examine how malpractice claims arising from telemedicine consultations might be resolved. An important issue to recognize at the outset, and one that consistently reappears throughout …

14. Emily Taber Public Library, Michael Hendrick Mccollum

Florida Library History Project

A history of the Emily Taber Public Library in Baker County, Florida. The Library is a part of the New River Public Library Cooperative.

The Repeal Of The Financial Interest And Syndication Rules: The Demise Of Program Diversity And Television Network Competition?, Marc L. Herskovitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan

Cardozo Journal of Equal Rights & Social Justice

The note argues that the current regulatory distinctions between broadcast and cable television in the United States are outdated and should be unified to better protect children from indecent content while respecting adult First Amendment rights. It proposes adopting a consistent "safe harbor" provision for both broadcast and basic cable television, combined with the use of the V-chip technology, as a constitutionally sound and less restrictive means of achieving the government's dual objectives of supporting parental authority and safeguarding children's well-being.

1997-1998 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

1997-1998 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

1997-1998 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

Public Policy Exception: A Narrow Exception To Judicial Review Or An Independent Means Of Avoiding Arbitration Agreements - Exxon Corp. V. Baton Rouge Oil And Chemical Workers Union, The, Elizabeth Tenorio

Journal of Dispute Resolution

The Federal Arbitration Act advances a strong desire to encourage parties in labor management disputes to utilize arbitration in lieu of litigation.' For this reason, judicial review of an arbitrator's award is construed narrowly by three specific provisions? In recent years, a public policy exception to this strict standard of review has developed,4 and its use has exploded. This Note discusses the impact of this public policy exception on both arbitration and judicial forums. In addition, this Note highlights the potential for abuse when the exception is not limited and applied with care.

Governing Equations For Transport In Porous Electrodes, Pauline De Vidts, Ralph E. White

Faculty Publications

No abstract provided.

Mathematical Modeling Of Proton‐Exchange‐Membrane Fuel‐Cell Stacks, Dhanwa Thirumalai, Ralph E. White

Faculty Publications

No abstract provided.

Electrowinning Of Nonnoble Metals With Simultaneous Hydrogen Evolution At Flow-Through Porous Electrodes Iii. Time Effects, Mahmoud M. Saleh, John W Weidner, Bahgat E. El-Anadouli, Badr G. Ateya

Faculty Publications

The electrowinning of zinc from a recirculating alkaline zincate solution at a flow-through porous electrode was investigated. Experimental results were obtained to test the predictions of a mathematical model. The effects of electrolyte flow rate, cell current, and electrode thickness on the concentration-time relations and coulombic efficiency-time relations were studied. The experimental results show that the highest recovery rate was obtained at both high flow rates and cell currents. There is, however, a practical limit for increasing both the cell current and the electrolyte flow rate. Reasonable agreement between the model predictions and experimental results was obtained. A case study …