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Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico

Campbell Law Review

This article strives to sort through the sundry ramifications of the law of misrepresentation. Accordingly, the three major classifications of misrepresentation - fraudulent, negligent, and innocent - will be differentiated clearly and then examined extensively. The elements constituting each category of misrepresentation action will be explained and illustrated. The article will focus upon the nature and extent of the tort action available to an aggrieved party who was induced to enter into a transaction or relationship by the misrepresentation of another. This tort analysis will include not only the traditional cause of action of deceit, but also the emerging tort …

North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby

Campbell Law Review

This comment will show that Carolina ACCESS' Emergency Room Policy forces hospitals into a difficult situation. On one hand, the EMTALA binds emergency departments to appropriately screen all persons who enter its doors. On the other hand, Carolina ACCESS tells a hospital that it will pay for only certain services leaving the hospital to make a choice: lower its exam standards thus risking liability under EMTALA, or conduct an appropriate exam and then suffer the economic loss when the patient's condition is deemed non-emergent.

Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans

Campbell Law Review

This Note examines the effect the Supreme Court's decision in Bennett v. Spear will have when the analysis used is applied to other environmental acts that include citizen-suit provisions. In particular, this Note will address how this decision might affect the protection of wetlands under the Clean Water Act. First, this Note will provide a review of the decision in Bennett v. Spear. Second, this Note will discuss the significance of wetlands and the Clean Water Act. Next, this Note will explain the history of the citizen-suit provision that is a part of so many environmental acts. This Note …

Introduction, Dean Howard A. Glickstein, Robert Gould, Gary Shaw

Touro Law Review

No abstract provided.

The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young

Touro Law Review

No abstract provided.

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.

Issues In Internet Pornography, Paul J. Mcgeady, Michael Godwin

Touro Law Review

No abstract provided.

The Hague Convention On The Civil Aspects Of International Child Abduction: Commencing A Proceeding In New York For The Return Of A Child Abducted From A Foreign Nation, Custody, Background And Purpose Of The Hague Convention,, Stephanie Vullo

Touro Law Review

No abstract provided.

The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles

Touro Law Review

No abstract provided.

Licensing Issues On The Internet, Steven Masur, Neil J. Friedman, Judith M. Saffer

Touro Law Review

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

Similarities And Differences Between Sun-Related Knowledge, Attitudes, Beliefs, And Behaviors Of South African And Californian University Students, Katerina Hollblad-Fadiman

Master's Theses

No abstract provided.

The Current And Potential Future Roles Of The Internet In The Field Of Health Education, Wendy L. Boman

Master's Theses

No abstract provided.

Gob Gas: A Synthesis Of The Literature And An Empirical Model., Lloyd M. English

Graduate Theses, Dissertations, and Problem Reports (ETD)

The major source of methane influx into deep coal mining operations today is the subsided and broken material behind the active longwall face, the gob, not the coal seam being mined itself. This region is complex and currently beyond the capabilities of traditional reservoir models, as clearly demonstrated by other researchers. An empirically-based approach could provide a useable tool for active mining operations. A complete history and technical background of coalbed methane emissions, methane control technology development, and the differences between international and domestic approaches to the problem is presented to provide the basis for understanding the problem and the …

T Cell Receptor (Tcr)-Induced Death Of Immature Cd4+Cd8+ Thymocytes By Two Distinct Mechanisms Differing In Their Requirement For Cd28 Costimulation: Implications For Negative Selection In The Thymus, Jennifer Punt, Wendy Havran, Ryo Abe, Apurva Sarin

Biology Faculty Scholarship

No abstract provided.

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.

Patenting Medical Procedures: A Search For A Compromise Between Ethics And Economics, Beata Gocyk-Farber

Cardozo Law Review

When doctor Samuel Pallin, an Arizona ophthalmologist, brought an infringement suit for his patent covering the "stitchless" incision in cataract surgery, he probably did not expect that he would provoke one of the most emotional patent debates in history. Physicians across the country expressed condemnation of medical process patents, calling such patents "horrendous" and warning that Dr. Pallin's victory may have "profoundly devastating and mind-boggling consequences" for medical science. The resonance in the medical community was so strong that the American Medical Association House of Delegates passed a resolution "vigorously" condemning the patenting of medical and surgical procedures and promising …

Ensuring Meaningful Jailhouse Legal Assistance: The Need For A Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel

Cardozo Law Review

Imagine Jeff, a state prison inmate who is serving a twentyfive year sentence for armed robbery. During this time, he is ordered to appear before a prison disciplinary committee to face charges that he murdered another prisoner during a riot. Although Jeff is entitled to present his defense at this disciplinary hearing, he finds it difficult to prepare his case adequately because he does not know how to read or write. Since he cannot afford an attorney, Jeff seeks the help of a fellow inmate who has a reputation for being skilled in the law. This "jailhouse lawyer" counsels Jeff …

Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen

Cardozo Law Review

In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.

Highway Infrastructure: Policy Issues For Regions, Randall W. Eberts

External Papers and Reports

No abstract provided.

Toward A Healthier Environment And A Stronger Economy: How To Achieve Common Ground, Murray L. Weidenbaum, Christopher Douglass, Michael Orlando

Murray Weidenbaum Publications

Economic and environmental interests are typically opponents in the public arena. Most efforts to bridge intellectual differences involve economists trying to get environmentalists to develop an "economic way of thinking" while conversely, ecologists attempt to sway economists toward kinder environmental values. It is time for a new approach to public policy that takes advantage of the middle ground between these two ideologies. This study presents six specific reforms that make both sound economic and environmental sense. These reforms occur within selected government spending programs, special federal tax provisions, and particular regulatory requirements.

Capture Theory And The Courts: 1967-1983, Thomas W. Merrill

Faculty Scholarship

The Administrative Procedure Act ("APA") is a framework statute, not a complete code. Its central provisions are rather spare, and a number of important questions are not covered at all. It comes as no surprise, therefore, that the judicial gloss on the APA has taken on a large significance over time. It should also come as no surprise that this interpretative mantle has assumed a different shape with different generations of judges. In this respect, our experience with the APA parallels that with the Constitution. Occasionally there is a feint in the direction of enforcing the "original understanding" of the …

Faculty Publications 1996, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 734 publications.

Meeting The Needs Of The Learning Disabled-Gifted Child : A Problem Of Non-Identification, Jill R. Nooren

Graduate Research Papers

The purpose of this study was to ascertain possible solutions to remedy the pervasive problem of the failure to identify and meet the needs of learning disabled-gifted children. Using a literature review, the writer sought to determine the characteristics of learning disabled-gifted children, perceived barriers to the identification of learning disabled-gifted children, and programming approaches that would best meet the needs of these unique learners.

Geritol For Geriatric Computers, Robbin D. Poling

Graduate Research Papers

This paper looks at the recycling of older computers in an elementary school. With the budgetary cutbacks that most school districts are facing, reusing older equipment is one way to meet student needs and still exist within a tight budget. This paper reflects research done in the areas of keyboard curriculum, which keyboard is used the most, and at what point in a student's academic life should this topic be introduced. The project describes a current development in a local school trying to pool older resources to allow for a better use of these machines.

Choosing An Effective Kindergarten Program : Comparing Full-Day And Half-Day Schedules, Lori A. Frost

Graduate Research Papers

Due to changes in American society and education during the last twenty years the popularity of all-day, everyday kindergarten programs has grown. Among the many issues cited as reasons for implementing all-day kindergarten programs are ". . . a growing need for child care, the need for more opportunity for socialization among young children, and a demand for more academically challenging programs" (Rust, 1993, p. 8).

The "whole child" approach is what we strive for today. However, that focus has been compromised in some instances by placing financial, parental, or school needs ahead of what is best for kindergarten students. …

The World Of Work : An Intermediate Level Curriculum Model Integrating School-To-Work And Service Learning, Virginia Lavelle

Graduate Research Papers

Workers will need new and different skills for the changing economy in the 21st century. Current legislation includes school improvement and school-to-work. This project was designed to incorporate the educational reform movements of school-to-work and service learning within the school year calendar to provide educational work-related experiences for a full range of intermediate level learners in an inclusive classroom. Within this model students practice developing and applying basic skills, thinking skills, and personal qualities (SCANS) through work-based experiences which bring together school-to-work and service learning.

Reading The Writing Of A Five-Year-Old Through Three Perspectives About Early Literacy, Deena M. Tauber

Graduate Research Papers

By evaluating a five-year-old's writing through three perspectives about early literacy, the researcher determined that examining and understanding one's own beliefs on how children learn to read and write offer insight on learning.

Increasing Students' Use Of Descriptive Words And Figurative Language In Their Writing By Creating A Climate Of Words In The Classroom, Mary Brigid Stanley

Graduate Research Papers

The effects of immersion in a climate of words and subsequent use of descriptive words and figures of speech in student writing was investigated in a Grade 6 language arts classroom. Five students were exposed to a climate of words for six weeks. The hypothesis was made that a climate of words in the classroom will have an effect on students' writing. The same common prompt essay assignment was given at the beginning and end of the six weeks, and the number of nouns, verbs, adjectives, adverbs, sensory words, and figures of speech were compared. All the students showed an …

The Development Of A Successful Telemedicine Network Within A Managed Care Organization, William Goodall

North Dakota Law Review

No abstract provided.