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1997

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The Relaxing Of Virginia's Concealed Weapon Law: Its Relationship To The Crime Rates For Murder, Aggravated Assault And Robbery, Jerry S. Conner Jan 1997

The Relaxing Of Virginia's Concealed Weapon Law: Its Relationship To The Crime Rates For Murder, Aggravated Assault And Robbery, Jerry S. Conner

Theses and Dissertations

The primary objective of this research is to examine the relationship between the relaxation of Virginia's concealed weapon law, which became effective July 1, 1995, and three crime-related variables. Although there have been two major studies conducted in this area on a national basis, this research represents the first time a study has been conducted in Virginia. A secondary objective of this research is to examine relevant data to determine if this change in the law influenced the purchasing behavior of citizens regarding handguns and the issuance rate for concealed weapon permits.

An interrupted time-series design is employed in examining …


Vantage Point - Show Notes - 1997, David Unumb Jan 1997

Vantage Point - Show Notes - 1997, David Unumb

Vantage Point Documents

No abstract provided.


Contemporary Couple Enrichment: A Critical And Meta-Analytic Review Of Methodology, Terry L. Hight Jan 1997

Contemporary Couple Enrichment: A Critical And Meta-Analytic Review Of Methodology, Terry L. Hight

Theses and Dissertations

The purpose of this study was to examine the effectiveness of contemporary couple enrichment using currently-accepted standards of meta-analytic research. Twenty-seven published studies that compared enrichment groups to control groups were included in the analyses. The overall mean effect size (0.32), post-treatment effect size (0.35), and follow-up effect size (0.35) for couple enrichment were heterogeneous, positive, and significantly different than 0. Mean effect sizes for both post-treatment and follow-up did not differ significantly, Moderator variables associated with program type, measure type, nature of dependent variable, quality of methodology, measure reactivity, measure specificity, and researcher allegiance significantly improved homogeneity across effect …


Race And Birthweight: The Influence Of Socio-Economic Status And Utilization Of Prenatal Care, Lena C. Frennborn Jan 1997

Race And Birthweight: The Influence Of Socio-Economic Status And Utilization Of Prenatal Care, Lena C. Frennborn

Theses and Dissertations

The purpose of this research was to determine how much of the variance in birthweight can be explained by socio-economic status and utilization of prenatal care in Blacks and Whites. Rather than defining race in genetic terms, race was understood here as a social construction. The methodological approach was an analysis of the National Survey of Family Growth Cycle IV, 1988. The first, singleton, live birth for each interviewed woman was included, resulting in a sample of 911 women, of whom 313 were Black women and 598 White women.

Consistent with previous research, Black mothers were twice as likely to …


Preparation And Reactivity Of Acyclic (Pentadienyl)Iron(1+) Cations: Applications To Organic Synthesis, William A. Donaldson Jan 1997

Preparation And Reactivity Of Acyclic (Pentadienyl)Iron(1+) Cations: Applications To Organic Synthesis, William A. Donaldson

Chemistry Faculty Research and Publications

No abstract provided.


The Nebraska Unicameral And Its Lasting Benefits, Kim Robak Jan 1997

The Nebraska Unicameral And Its Lasting Benefits, Kim Robak

Nebraska Law Review

This article addresses the baffling nature of the nonpartisan Nebraska Unicameral, how it came to be, why and how it works, why it is superior to partisan bicameral legislatures, and why it will remain the sole nonpartisan unicameral in the nation. Much scholarship has addressed the Nebraska Unicameral from the perspective of those who helped to create it, were part of its process, and have studied. Yet, little has been written about the benefits of a nonpartisan system in a one-house legislature. This article attempts to fill that void and explain why the nonpartisan unicameral system is preferable.


Why Nebraska Needs Prison Litigation Reform, Laurie Smith Camp Jan 1997

Why Nebraska Needs Prison Litigation Reform, Laurie Smith Camp

Nebraska Law Review

The Prison Litigation Reform Act (PLRA), enacted by Congress on April 26, 1996, has reduced frivolous and recreational inmate litigation in federal courts. At the same time, the Act appears to have diverted inmate litigation to state courts. This article presents arguments in favor of state legislation, similar to PLRA, to reduce inmate litigation in Nebraska state courts.


Reflections About Law Reviews And American Legal Scholarship, Richard S. Harnsberger Jan 1997

Reflections About Law Reviews And American Legal Scholarship, Richard S. Harnsberger

Nebraska Law Review

I. Introduction

II. A Curious Way of Doing Things

III. Why Do Students Join Law Reviews?

IV. Is Criticism of Law Reviews Justified or Is It “Full of sound and fury, signifying nothing?”

V. From Practical to Theoretical Legal Scholarship

VI. Yet Another Accusation: Law Reviews Are the Cause of the Supreme Court’s Poor Literary Style

VII. A Final Complaint: A Great Deal of Law Review Language Is Incomprehensible

VIII. Expert Testimony in Opposition to Abolishing Law Reviews

IX. A Possible But Unlikely Change of Circumstances

X. Conclusion


Mixed Metaphors: Model Civil Jury Instructions For Title Vii Disparate Treatment Claims, Karen A. Haase Jan 1997

Mixed Metaphors: Model Civil Jury Instructions For Title Vii Disparate Treatment Claims, Karen A. Haase

Nebraska Law Review

Employment discrimination is one of the fastest growing areas of civil litigation, and courts report that they are being “swamped” with these claims. Motivated in part by a desire to assist litigants through the labyrinth of employment discrimination law, and in part by a need to control their dockets, district courts in the Eighth Circuit have begun to develop standardized forms for use in these cases. One of the innovations in standardization is the Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit (Model Instructions). It is important that scholars and practitioners, particularly those within …


Individuals As Independent Contractors Or Employees In Nebraska: An Examination Of Larson V. Hometown Communications, Inc., 248 Neb. 942, 540 N.W.2d 339 (1995), Michael F. Polk Jan 1997

Individuals As Independent Contractors Or Employees In Nebraska: An Examination Of Larson V. Hometown Communications, Inc., 248 Neb. 942, 540 N.W.2d 339 (1995), Michael F. Polk

Nebraska Law Review

Determining whether an individual is an employee or an independent contractor is of primary importance when the individual is injured while performing assigned or contracted work. Under Nebraska law, an employee who is injured in the course of her employment is entitled to compensation from the employer. Once an injury occurs in the course of work, the injured individual has an incentive to argue that she is an employee. If her argument is accepted, she will be entitled to receive compensation from her employer or, more likely, the employer’s insurance provider. The employer or employer’s insurance provider has an opposite …


Defense Of Marriage Act: Isn’T It Ironic ... Don’T You Think? A Little Too Ironic?, Sherri L. Toussaint Jan 1997

Defense Of Marriage Act: Isn’T It Ironic ... Don’T You Think? A Little Too Ironic?, Sherri L. Toussaint

Nebraska Law Review

This Comment examines the efforts of gays and lesbians to obtain marital rights and the resistance these efforts have encountered. An examination of the law demonstrates that prohibitions on same-gender marriages are unconstitutional at both the federal and state level, particularly with regard to the principle of equal protection. Part II of this Comment begins with a discussion of the interests that marriage serves for the individual citizen and society in general. This Part makes clear that gay and lesbian couples are similarly situated to heterosexual couples with respect to marriage rights. Then, because most arguments against same-gender marriage focus …


Nothing But Fear Itself: A Social-Psychological Model Of Stigma Harm And Its Legal Implications, Alex Geisinger Jan 1997

Nothing But Fear Itself: A Social-Psychological Model Of Stigma Harm And Its Legal Implications, Alex Geisinger

Nebraska Law Review

I. Introduction

II. Current Stigma Jurisprudence ... A. Proximity Stigma Jurisprudence ... 1. Denial of Nuisance-Based Proximity Stigma Claims: Interpreting Substantial Interference to Require Actual Impact ... 2. Successful Proximity Stigma Claims: Substantial Interference and Other Factors ... 3. Other Legal Theories: Negligence and Paoli ... B. Postremediation Stigma Claims

III. A Psycho-Social Model of Stigma ... A. The Marking Process ... B. Attributional Harm Versus Actual Harm ... C. Courtesy Stigma ... D. Heuristic Factors That Impact the Degree of Stigma Perception

IV. Analysis: Implications of the Psycho-Social Model for Stigma Jurisprudence ... A. Problems with the Substantial Interference …


Statutory In Rem Civil Forfeiture, The Punishment Of Innocent Owners, And The Excessive Fines Clause: An Analysis Of Bennis V. Michigan, 116 S. Ct. 994 (1996), Eric N. Bergquist Jan 1997

Statutory In Rem Civil Forfeiture, The Punishment Of Innocent Owners, And The Excessive Fines Clause: An Analysis Of Bennis V. Michigan, 116 S. Ct. 994 (1996), Eric N. Bergquist

Nebraska Law Review

This Note presents a brief review of the historical underpinnings of statutory in rem civil forfeiture in American jurisprudence and then examines the relatively recent contributions of United States Supreme Court cases, most notably Austin v. United States, which introduced constitutional protections available to owners in in rem forfeiture actions. Bennis v. Michigan is then introduced and analyzed, highlighting the Court’s inconsistent reasoning in upholding the forfeiture in Bennis despite its holding in Austin, which was decided only three years earlier. Finally, this Note proposes a threshold test for application of the Excessive Fines Clause of the Eighth …


Owners And Occupiers Of Land Now Owe Those Lawfully On Their Premises A Duty Of Reasonable Care Under Heins V. Webster County, 250 Neb. 750, 552 N.W.2d 51 (1996), Kristin K. Woodward Jan 1997

Owners And Occupiers Of Land Now Owe Those Lawfully On Their Premises A Duty Of Reasonable Care Under Heins V. Webster County, 250 Neb. 750, 552 N.W.2d 51 (1996), Kristin K. Woodward

Nebraska Law Review

Throughout its relatively short history, American law has placed a special value on the rights of real property owners. Yet, as American ideas about the value of property have begun to change, so too have the laws regarding tort liability of owners and occupiers. Nebraska recognized this tort reform in Heins v. Webster County. This Note examines how the Heins decision beneficially changed Nebraska law. Abolishing the common law status distinctions and applying a reasonable standard of care under the circumstances frees the court from the harshness of the common law and the problems of rigid application. A reasonable standard …


The Jurisdiction Of Administrative Appeals In Nebraska: A One-Way Ticket, No Returns, No Transfers In Metro Renovation, Inc. V. Department Of Labor, 249 Neb. 337, 543 N.W.2d 715 (1996), Laura Cullison Jan 1997

The Jurisdiction Of Administrative Appeals In Nebraska: A One-Way Ticket, No Returns, No Transfers In Metro Renovation, Inc. V. Department Of Labor, 249 Neb. 337, 543 N.W.2d 715 (1996), Laura Cullison

Nebraska Law Review

A common issue when discussing jurisdiction in administrative law is whether an agency is acting within its “jurisdiction” or scope of authority. This Note does not deal with the jurisdiction of the administrative agency but rather jurisdiction for judicial review of administrative decisions. This Note first traces the history of the Metro Renovation, Inc. v. Department of Labor jurisdictional test and then will compare the Metro test with the Model Administrative Procedure Act and other states’ approaches to the jurisdiction of administrative appeals. Next, this Note will explain how the current test is unconstitutional and suggest some alternatives to the …


Toward A Conceptual Framework For Assessing Police Power Commitment Legislation: A Critique Of Schopp’S And Winick’S Explications Of Legal Mental Illness, Eric S. Janus Jan 1997

Toward A Conceptual Framework For Assessing Police Power Commitment Legislation: A Critique Of Schopp’S And Winick’S Explications Of Legal Mental Illness, Eric S. Janus

Nebraska Law Review

I. Introduction

II. Choosing a Conceptual Framework ... A. Broad vs. Narrow Explicandum ... B. Individual Rights/Status vs. State Interest Analysis ... C. The Role of Medical and Social Scientific Discourse

III. Evaluating the Conceptual Frameworks ... A. How Well Does the Framework Focus on Police Power Commitments Rather Than Parens Patriae Commitments? ... B. Explaining Gaps and Overlaps ... C. Evaluating the Role of Medical and Behavioral Science ... D. Tracing the Consequences of a Diminished Individual Rights/Status Approach vs. an Enhanced State Interests Approach

IV. Winick: Therapeutic Appropriateness and Parens Patriae ... A. Introduction ... B. The Strong …


Rethinking Imposition Of A Legal Duty To Correct Material Tax Return Errors, Judson L. Temple Jan 1997

Rethinking Imposition Of A Legal Duty To Correct Material Tax Return Errors, Judson L. Temple

Nebraska Law Review

I. Introduction ... A. Propriety of a Duty to Correct Material Tax Return Errors ... B. Penalty Structure and Statutes of Limitations ... C. Article Organization

II. Merits of an Amended Return Obligation ... A. Current Lack of a Duty to Correct Tax Return Errors ... B. Justifications for Requiring Taxpayer Correction of Material Errors ... C. Constitutional Barriers to an Amended Return Obligation

III. Definition of a Proposed Amended Return Obligation … A. Definition of “Error” ... 1. Return Positions Less Likely than Not to Prevail ... 2. Retroactive Changes in the Law ... B. “Materiality” Defined ... 1. …


Leapfrogging Over Equal Protection Analysis: The Eighth Circuit Sanctions Separate And Unequal Prison Facilities For Males And Females In Klinger V. Department Of Corrections, 31 F.3d 727 (8th Cir. 1994), Angie Baker Jan 1997

Leapfrogging Over Equal Protection Analysis: The Eighth Circuit Sanctions Separate And Unequal Prison Facilities For Males And Females In Klinger V. Department Of Corrections, 31 F.3d 727 (8th Cir. 1994), Angie Baker

Nebraska Law Review

This Note discusses the Eighth Circuit’s decision in Klinger v. Department of Corrections and will argue that its conclusion rested on a fundamental misapplication of the standards enunciated by the United States Supreme Court for the analysis of gender-based equal protection claims under the Fourteenth Amendment. Part II presents the background of the Klinger decision specifically and the position of incarcerated women generally. Parts III and IV discuss the scrutiny standard applicable to equal protection claims based on gender discrimination and conclude that the Eighth Circuit was wrong to dismiss the plaintiffs’ claims without applying the appropriate level of scrutiny. …


Writing Throughout The Curriculum: Why Law Schools Need It And How To Achieve It, Carol Mccrehan Parker Jan 1997

Writing Throughout The Curriculum: Why Law Schools Need It And How To Achieve It, Carol Mccrehan Parker

Nebraska Law Review

I. Introduction

II. Writing as a Tool for Analyzing and Applying Legal Authorities ... A. Using Writing to Diagnose Thinking Problems ... B. Using Writing to Promote Clear Thinking ... C. Using Writing-to-Learn Activities to Complement Traditional Teaching Methods

III. Writing Skills as “Tools of the Trade” ... A. Acquainting Students with Functions and Forms of Professional Documents ... 1. Introducing Purposes and Audiences for Legal Writing ... 2. Providing Models of Effective Legal Writing ... B. Teaching Students to Produce Professional-Quality Documents

IV. Writing as a Tool for Constructing Meaning ... A. Using Writing to Examine the Process of …


Truth Or Consequences: The Dilemma Of Asserting The Fifth Amendment Privilege Against Self-Incrimination In Bankruptcy Proceedings, Craig Peyton Gaumer, Charles L. Nail Jr. Jan 1997

Truth Or Consequences: The Dilemma Of Asserting The Fifth Amendment Privilege Against Self-Incrimination In Bankruptcy Proceedings, Craig Peyton Gaumer, Charles L. Nail Jr.

Nebraska Law Review

This article discusses both the manner in which issues regarding the Fifth Amendment privilege against self-incrimination may arise in bankruptcy cases and the many potential consequences of asserting the privilege. Parts II and III provide a general overview of the bankruptcy process and the Fifth Amendment, respectively. Part IV examines whether and to what extent the privilege against self-incrimination protects corporations and their directors, officers, and shareholders. Part V offers a similar examination of the extent to which the Fifth Amendment protects against the compelled production of documents. Parts VI and VII address the closely related topics of invocation and …


Pathfinders On-Line: Adding Pathfinders To A Notis On-Line System, Harry D. Nuttall, Sonja L. Mcabee Jan 1997

Pathfinders On-Line: Adding Pathfinders To A Notis On-Line System, Harry D. Nuttall, Sonja L. Mcabee

Research, Publications & Creative Work

For decades, print pathfinders have complemented card catalogs and been useful reference tools. They're overlooked as components of on-line catalogs, even though they can extend the depth of the catalog. To encourage librarians to consider integrating pathfinders into on-line catalogs, the authors discuss problems in OPAC searching, describe the value and styles of pathfinders, and illustrate how to include them in a NOTIS system.


Interactive Effects Of Aluminum And Humic Substances On Salvinia, Jeffrey L. Gardner, Safaa H. Al-Hamdani Jan 1997

Interactive Effects Of Aluminum And Humic Substances On Salvinia, Jeffrey L. Gardner, Safaa H. Al-Hamdani

Research, Publications & Creative Work

Salvinia increased the pH of the growth media within two days to near neutral pH in the absence of Al with and without humic substances. In most cases, Al in the absence of humic substances reduced salvinia growth, chlorophyll a and b concentrations, and carotenoid concentrations. Reductions were greater with increasing concentrations of Al and humic substances alleviated some of the toxic effects of Al. Also, corrected treatments (pH 3.9) influenced an increase in the above parameters for most treatments compared to uncorrected treatments (pH varied according to the treatment). Anthocyanin concentrations of salvinia increased in treatments receiving Al. The …


Tax Planning And The New Tax Law: Strategies For Individuals: A Speech For Cpas To Deliver To General Audiences, American Institute Of Certified Public Accountants. Communications Team Jan 1997

Tax Planning And The New Tax Law: Strategies For Individuals: A Speech For Cpas To Deliver To General Audiences, American Institute Of Certified Public Accountants. Communications Team

Guides, Handbooks and Manuals

No abstract provided.


Tax Practice Guides And Checklists 1997, American Institute Of Certified Public Accountants. Tax Division Jan 1997

Tax Practice Guides And Checklists 1997, American Institute Of Certified Public Accountants. Tax Division

Guides, Handbooks and Manuals

No abstract provided.


Policies For The Cpe Membership Requirement, Including The Statement On Standards For Formal Continuing Professional Education (Cpe) Programs, American Institute Of Certified Public Accountants (Aicpa) Jan 1997

Policies For The Cpe Membership Requirement, Including The Statement On Standards For Formal Continuing Professional Education (Cpe) Programs, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.


Flexible Work Arrangements In Cpa Firms, Barney Olmsted, American Institute Of Certified Public Accountants. Women And Family Issues Executive Committee, American Institute Of Certified Public Accountants. Management Of An Accounting Practice Committee Jan 1997

Flexible Work Arrangements In Cpa Firms, Barney Olmsted, American Institute Of Certified Public Accountants. Women And Family Issues Executive Committee, American Institute Of Certified Public Accountants. Management Of An Accounting Practice Committee

Guides, Handbooks and Manuals

No abstract provided.


Solving The Year 2000 Dilemma, Sandi Smith Jan 1997

Solving The Year 2000 Dilemma, Sandi Smith

Guides, Handbooks and Manuals

No abstract provided.


Cpa's Guide To Information Security, John Graves, Kim Hill Torrence Jan 1997

Cpa's Guide To Information Security, John Graves, Kim Hill Torrence

Guides, Handbooks and Manuals

No abstract provided.


Aicpa Audit And Accounting Manual : Nonauthoritative Technical Practice Aids, As Of June 1, 1997, American Institute Of Certified Public Accountant. Accounting And Auditing Publications Team Jan 1997

Aicpa Audit And Accounting Manual : Nonauthoritative Technical Practice Aids, As Of June 1, 1997, American Institute Of Certified Public Accountant. Accounting And Auditing Publications Team

Guides, Handbooks and Manuals

No abstract provided.


Crittenden, B. (1996), Thinking About Education: Essays For Discussion In Teacher Education, Addison Wesley Longman, Melbourne, 180 Pp. $29.95., Bruce Haynes Jan 1997

Crittenden, B. (1996), Thinking About Education: Essays For Discussion In Teacher Education, Addison Wesley Longman, Melbourne, 180 Pp. $29.95., Bruce Haynes

Australian Journal of Teacher Education

No abstract provided.