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1997

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Procd, Inc. V. Zeidenberg: Enforceability Of Shrinkwrap Licenses Under The Copyright Act, Jennifer L. Hawkins Jan 1997

Procd, Inc. V. Zeidenberg: Enforceability Of Shrinkwrap Licenses Under The Copyright Act, Jennifer L. Hawkins

Richmond Journal of Law & Technology

"I didn't read all of the shrink-wrap license agreement on my new software until after I opened it. Apparently I agreed to spend the rest of my life as a towel boy in Bill Gates' new mansion."


Deregulatory Takings And Breach Of The Regulatory Contract, Theodore V. Morrison Jr., Thomas W. Merrill, Lewis F. Powell Iii Jan 1997

Deregulatory Takings And Breach Of The Regulatory Contract, Theodore V. Morrison Jr., Thomas W. Merrill, Lewis F. Powell Iii

Richmond Journal of Law & Technology

The October 1996 issue of the New York University Law Review includes a work dealing with deregulatory takings and breach of deregulatory contracts. Next October, the N.Y.U. Law Review will contain a rebuttal, a response critiquing work done by J. Gregory Sidak and Daniel Spulber. This critique is coauthored by William J. Baumol and Thomas W. Merrill. We are very fortunate here today to have that same Thomas W. Merrill with us. Our participants this afternoon on the panel will go in that order. Lewis Powell will discuss the propositions that the Telecommunications Act, and perhaps other current proposals for …


Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade Jan 1997

Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade

Richmond Journal of Law & Technology

Good afternoon. This is the last panel of the afternoon. I would like to introduce myself. I'm Deborah Ellenberg, one of the hearing examiners at the State Corporation Commission, and I might add, who has a heightened appreciation for the Virginia Commission's wise decision to handle those arbitrations. I am sure on behalf of Howard, Glenn and myself, we thank you for that decision.


Local Exchange Services In The Next Century -- What Still Must Be Done To Bring Us To Where We Want To Be?, Hullihen Williams Moore, Richard L. Cimerman, John J. Langhauser, Philip Mcclelland, Mark J. Mathis Jan 1997

Local Exchange Services In The Next Century -- What Still Must Be Done To Bring Us To Where We Want To Be?, Hullihen Williams Moore, Richard L. Cimerman, John J. Langhauser, Philip Mcclelland, Mark J. Mathis

Richmond Journal of Law & Technology

Our panel is Local Exchange Service in the Next Century--What Still must be Done to Bring Us to Where We Want to Be? We have four excellent panelists to address these questions. I expect the panelists to agree, in part, where we want to be, and they won't spend a whole lot of time about increased service, new technology, lower prices, and all those things. I am sure we'll hear some assurances along those lines, at least from three of the panelists. Most of the time will be spent on what still must be done to get us there. I …


Net Law: How Lawyers Use The Internet, G. Wingate Grant Jan 1997

Net Law: How Lawyers Use The Internet, G. Wingate Grant

Richmond Journal of Law & Technology

We have all had experiences where we listened to a preacher or maybe a law professor use a story to illustrate a point. Weeks later, we might not recall the point, but we remember the story. That was my feeling after reading through NET LAW: HOW LAWYERS USE THE INTERNET. This book might be considered a dictionary, a marketing book, or a computer book. Most significantly, it is an anthology of actual accounts of lawyers and their staffs successfully using the Internet to make their practices more efficient and, in some cases, lucrative. Now that I have your attention, let …


The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson Jan 1997

The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson

University of Richmond Law Review

Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …


Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland Jan 1997

Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland

University of Richmond Law Review

On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …


Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh Jan 1997

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Accent 1997 Public Service Guide, Tennessee State University Jan 1997

The Accent 1997 Public Service Guide, Tennessee State University

Accent in 1990s

No abstract provided.


Weed Biocontrol: Extended Abstracts From The 1997 Interagency Noxious-Weed Symposium, Martha H. Brookes, Dennis Isaacson Jan 1997

Weed Biocontrol: Extended Abstracts From The 1997 Interagency Noxious-Weed Symposium, Martha H. Brookes, Dennis Isaacson

Leafy Spurge Database

No abstract provided.


Hausdorff Dimension Of Boundaries Of Self-Affine Tiles In R N, J. J. P. Veerman Jan 1997

Hausdorff Dimension Of Boundaries Of Self-Affine Tiles In R N, J. J. P. Veerman

Mathematics and Statistics Faculty Publications and Presentations

We present a new method to calculate the Hausdorff dimension of a certain class of fractals: boundaries of self-affine tiles. Among the interesting aspects are that even if the affine contraction underlying the iterated function system is not conjugated to a similarity we obtain an upper- and and lower-bound for its Hausdorff dimension. In fact, we obtain the exact value for the dimension if the moduli of the eigenvalues of the underlying affine contraction are all equal (this includes Jordan blocks). The tiles we discuss play an important role in the theory of wavelets. We calculate the dimension for a …


Front Matter Jan 1997

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.


Back Matter Jan 1997

Back Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.


Aviation Industry Employment Data Estimates Revisited, David A. Newmyer, Robert W. Kaps, Susan E. Sharp Jan 1997

Aviation Industry Employment Data Estimates Revisited, David A. Newmyer, Robert W. Kaps, Susan E. Sharp

Journal of Aviation/Aerospace Education & Research

A wide variety of estimates of aviation industry employment data exist today. For example, a range of estimates from a low of 750,000 to a high of 2.1 million are reported in various industry publications and journals. This broad range raises questions not onIy about such data but also about the definition used to define the industry and thus used to arrive at employment numbers. In this paper, an overall 1995 aviation industry employment estimate is presented that is based on various secondary sources. The estimate incorporates various components of the civil aviation industry, including aircraft/aerospace manufacturing, airlines, general aviation, …


Front Matter Jan 1997

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.


Student And Instructor Perceptions Of Effective Instructional Methods In A University Aviation Human Factors Course, Lorelie E. Miller, Jose R. Ruiz, Susan E. Sharp Jan 1997

Student And Instructor Perceptions Of Effective Instructional Methods In A University Aviation Human Factors Course, Lorelie E. Miller, Jose R. Ruiz, Susan E. Sharp

Journal of Aviation/Aerospace Education & Research

Aviation human factors instructors employed by University Aviation Association (UAA) member institutions and aviation flight students from Southern Illinois University at Carbondale (SIUC) were asked to rank nine teaching methods according to perceived effectiveness in each of four subject areas: flight physiology, flight psychology, aeronautical decision-making (ADM), and crew resource management (CRM). Responses were compiled into two categories, students and instructors. Analysis using the Spearman's rank correlation coefficient indicated that students and instructors generally agreed on teaching methods they considered appropriate to the four subject areas.


Aviation Science? Collegiate Aviation? Aeronautics? Aerospace Science? Introducing Aeronology In Resolving Identity Issues, Jeffrey A. Johnson Jan 1997

Aviation Science? Collegiate Aviation? Aeronautics? Aerospace Science? Introducing Aeronology In Resolving Identity Issues, Jeffrey A. Johnson

Journal of Aviation/Aerospace Education & Research

In asking collegiate aviation educators for a term or a phrase that adequately describes their academic field, it does not take much time to discover that widespread agreement is notably absent. If we as aviation educators are unable to collectively identify ourselves and the niche we inhabit in the realm of the entire academic community, then how much more difficult will it be for the remainder of the academic community and the general public to identify us as well? There are three possible solutions for aviation educators to consider in confronting the identity problem. Educators can: (1) conclude that identity …


The Corporate Opportunity Doctrine-Recent Cases And The Elusive Goal Of Clarity, Harvey Gelb Jan 1997

The Corporate Opportunity Doctrine-Recent Cases And The Elusive Goal Of Clarity, Harvey Gelb

University of Richmond Law Review

Diane, a director and public relations executive of a corporation called Discount Department Stores Inc., ("DDS"), which owns fifteen department stores, was having lunch in a restaurant located next to the DDS headquarters building. She was approached by Alice, a real estate agent, who had met Diane sometime ago at a soccer game involving their children. Alice asked Diane if she could join her for lunch, indicating that she had a business matter she wished to discuss. Alice told Diane that she was the selling agent for the owner of a large piece of real estate with an asking price …


Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek Jan 1997

Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek

University of Richmond Law Review

Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …


The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes Jan 1997

The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes

University of Richmond Law Review

The Supreme Court's decision in the case of United States v. Virginia in June of 1996 was a landmark decision that could change how future courts approach and resolve gender-based equal protection claims. The Supreme Court held that the Virginia Military Institute (VMI) could no longer continue its male-only admissions policy as a state-funded institution of higher education. The Court's apparent heightening of the level of scrutiny applied to gender-based classifications from the previously used intermediate scrutiny to an ambiguous standard either somewhere between the traditional intermediate scrutiny and strict scrutiny, or, in effect, a standard equivalent to strict scrutiny, …


Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor Jan 1997

Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor

University of Richmond Law Review

In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …


The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis Jan 1997

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.


Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety Jan 1997

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety

Articles

No abstract provided.


Front Matter Jan 1997

Front Matter

SMU Law Review

No abstract provided.


Lawsuits Against The Public Corporation, Stanley Sporkin Jan 1997

Lawsuits Against The Public Corporation, Stanley Sporkin

SMU Law Review

No abstract provided.


Director Compensation And The Management-Captured Board - The History Of A Symptom And A Cure, Charles M. Elson Jan 1997

Director Compensation And The Management-Captured Board - The History Of A Symptom And A Cure, Charles M. Elson

SMU Law Review

No abstract provided.


Introduction, Marc I. Steinberg Jan 1997

Introduction, Marc I. Steinberg

SMU Law Review

No abstract provided.


Ralston Redux: Determining Which Section 3 Offerings Are Public Under Section 12(2) After Gustafson, Janet E. Kerr Jan 1997

Ralston Redux: Determining Which Section 3 Offerings Are Public Under Section 12(2) After Gustafson, Janet E. Kerr

SMU Law Review

No abstract provided.


Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Lowenstein Jan 1997

Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Lowenstein

SMU Law Review

No abstract provided.


The Primary Liability Of Securities Lawyers, Manning Gilbert Warren Iii Jan 1997

The Primary Liability Of Securities Lawyers, Manning Gilbert Warren Iii

SMU Law Review

No abstract provided.