Digital Commons Network^™

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …

Employees, Pensions, And The New Economic Order, Jeffrey N. Gordon

Faculty Scholarship

The "New Economic Order" in the United States is a regime of trade liberalization, a robust market in corporate control, and labor market flexibility. Among the consequences over the 1980-1995 period is a divergence between the growth rate of corporate profits and stocks prices, which have increased by approximately 250% in real terms, and wages, which have barely increased at all, except for the top quintile. Contrary to popular belief employees have not significantly participated through their pension funds in this stock market appreciation. In the historically dominant defined benefit pension plan, the sponsoringfirm, not the employee, is the residual …

Old Chief V. United States: Stipulating Away Prosecutorial Accountability?, Daniel Richman

Faculty Scholarship

Earlier this year, in Old Chief v. United States, the Supreme Court finally resolved a circuit split on a nagging evidentiary issue: When a defendant charged with being a convicted felon in possession of a firearm offers to satisfy one of the statute's elements by stipulating to the existence of a prior felony conviction, may the government decline the stipulation and prove the existence and the nature of that prior felony?

The question of evidence law resolved in Old Chief is not particularly earth-shattering. Indeed, while the Court divided five to four on the issue, neither Justice Souter's opinion …

Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard

Faculty Scholarship

The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …

Does Public Choice Theory Justify Judicial Activism After All?, Thomas W. Merrill

Faculty Scholarship

Some legal scholars have argued that public choice theory justifies certain kinds of judicial activism. Others have said it does not. Given the present state of the debate, it would appear that those finding no necessary support for judicial activism have the stronger argument. I will suggest, however, that if we tweak the analysis a little further, it may turn out that public choice theory provides limited support for judicial activism after all.

Ethics, Professionalism, And Meaningful Work, William H. Simon

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …

Recent Legislation: Constitutional Law – Congress Imposes New Restrictions On Use Of Funds By The Legal Services Corporation – Omnibus Consolidated Rescissions And Appropriations Act Of 1996, Pub. L. No. 104-134, 110 Stat. 1321, Benjamin L. Liebman

Faculty Scholarship

Fierce political battles have raged about the Legal Services Corporation (LSC) for much of its twenty-three year history. Critics have attacked LSC for pursuing a "radical agenda" and for "engaging in dubious litigation that is of no real benefit to poor people," while supporters have termed LSC "the one program in the entire war on poverty that made a difference" and have decried the "campaign to deny the right of legal representation to the poor." Last year, in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA), Congress reduced LSC funding by thirty percent – to $278 million in …

Deregulatory Takings, Breach Of The Regulatory Contract, And The Telecommunications Act Of 1996, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

Professors Baumol and Merrill reply to Deregulatory Takings and Breach of the Regulatory Contract, published last year in this Review, which argued that the price incumbents may charge potential competitors for bottleneck facilities under the Telecommunications Act of 1996 should be based not on forward-looking costs but on historical costs. Professors Baumol and Merrill contend that pricing with reference to historical costs would depart from the principles called for by economic analysis for efficient pricing and they further argue that neither the Takings Clause nor the regulatory contract precludes the use of forward-looking costs in setting prices. If a taking …

Explaining The Pattern Of Secured Credit, Ronald J. Mann

Faculty Scholarship

Granting collateral to secure loans is a prominent feature of the U.S. economy, but, surprisingly, we do not understand how borrowers and lenders decide whether to engage in a secured or an unsecured transaction. In this Article, Professor Mann argues that existing theories of secured lending are inadequate because the theories' predictions have not been tested against empirical data. To understand the actual pattern of secured credit, Professor Mann interviewed more than twenty borrowers and lenders in various sectors of the economy. Based on the evidence gathered in these interviews, as well as on preexisting empirical studies, this Article develops …

Homosexuals, Torts, And Dangerous Things, Katherine M. Franke

Faculty Scholarship

Negligent, intentional, and strict liability torts. From a canonical standpoint, whatever else one might teach, it is not a first-year torts course if these three concepts are not covered. Torts has a canon, even a Restatement. Yet a canon evolves only after some criteria of value has been established such that privileged texts can be identified according to some authoritative standard. In other words, a canon is the result of a process by which a rule of recognition identifies authoritative texts.

At what point can we say that torts became a field and an intact legal subject, the canon …

The Bylaw Battlefield: Can Institutions Change The Outcome Of Corporate Control Contests?, John C. Coffee Jr.

Faculty Scholarship

What, if anything, can institutional investors do to influence the course and outcome of corporate control contests? The traditional answer was relatively little. To be sure, institutions could tender their shares in a tender offer or vote in a proxy contest to oust the incumbent board, but such a role was essentially reactive and contingent. It required that an offer actually be made before institutions could respond on an after-the-fact basis. Similarly, institutions have occasionally conducted precatory proxy campaigns calling upon the board to redeem its poison pill, but management was free to ignore these requests (and has done so).

Back Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.

Anson Burlingame: Diplomat, Orator, Tim Brady

Journal of Aviation/Aerospace Education & Research

Like a previous article titled "Cross-Cultural Underpinnings of the Taiping Rebellion: Potential Modem Applications" (Brady, 1993), this article too is somewhat out of step with the mainstream of information normally presented in JAAER, but in this author's opinion it is an important deviation. Why? Because it looks into the essential character of an important civilization that we know very little about, the Chinese, and it provides a glimpse of what happened in the past when our two cultures came into significant contact. The relevance of this paper to aviation is that it posts warning signs as to what can happen …

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 …

Front 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

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, …

Back Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.

Medical Problems In Commercial Flight: Shortage Of Airport Medical Facilities, Norma Dowsett

Journal of Aviation/Aerospace Education & Research

Heart disease remains the leading cause of death in the United States. If the heart-attack victim is unfortunate enough to be at an airport, the prognosis for survival is exceedingly low, unless vigorous treatment begins immediately. Currently, there are only four fully staffed medical facilities operating at U.S. airport terminals, a fact that should be unacceptable. With the increase in air travel, cases of medical emergencies at the terminals and on board aircraft will inevitably increase. The rise in contagious diseases also could hamper the efficiency of aircraft flight. To save lives, to increase the expediency of emergency quarantine procedures, …

Standard Form Contracts, Avery W. Katz

Faculty Scholarship

Among legal commentators, standard form contracts have long been received with distrust, and the rules governing their interpretation have engendered considerable controversy. While economic analysis has little to say regarding the libertarian objection to standard form contracts or their relationship to personal autonomy, it can help evaluate their effects on efficiency and the distribution of the gains from trade. From such a perspective, standard forms should be analyzed like any other productive input, comparable to design, marketing, and technical support. Whether their use raises any special regulatory or policy concerns, therefore, depends on their implications for the standard litany of …

Indemnity Of Legal Fees, Avery W. Katz

Faculty Scholarship

This article surveys the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the practical situations in which legal fee shifting does and does not arise. Section 3 analyzes the effects of indemnification on the incentives to expend resources in litigated cases. Section 4 examines how indemnification influences the decisions to bring and to defend against suit, and Section 5 assesses its effects on the choice between settlement and trial. Section 6 addresses the interaction between the allocation of legal fees and the parties' incentives …

Contract Formation And Interpretation, Avery W. Katz

Faculty Scholarship

Much research in law and economics, following Coase's insight that the effects of a legal rule depend on the ability of those whom it governs to bargain around it, has undertaken to explain how substantive entitlements such as property rights influence the bargaining process. Perhaps more important than any substantive rights or duties in this regard, however, is the extensive body of contract doctrine that governs the procedural mechanics of exchange. The formal rules of contract formation, by attaching consequences to the various acts and omissions that bargainers can choose from in a negotiation, affect the parties' incentives to make …

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 1996 As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Collection Resources: Collaborating With Faculty To Manage Journal Expenditures, Jeffrey Gatten

Librarian Publications & Presentations

No abstract provided.

Review Of The Academic Librarian's Human Resources Handbook By David Baldwin, W. Bede Mitchell

University Libraries: Faculty Publications

This review was published in College and Research Libraries.

Evaluation Of The Effects Of Afff Inputs On The Vip Biological Nutrient Removal Process And Pass-Through Toxicity. Phase 1a. Volume Ii. Appendix Vii. Acute Toxicity Test Results, Mujde Erten-Unal, Gary C. Schafran

Civil & Environmental Engineering Faculty Publications

This report discusses the results of a bench scale study conducted to evaluate the potential inhibitory effects of untreated AFFF wastewater to the Virginia Initiative Plant VIP biological nutrient removal process. A bench-scale study was conducted to evaluate the potential inhibitory effects of untreated AFFF wastewater to the nitrification process of the Virginia Initiative Plant biological nutrient removal system. Under this testing, bench-scale reactors simulating the nitrification process were loaded at various AFFF concentrations and the influence on the process performance was evaluated. The purpose of this effort was to determine the level of AFFF that could be incorporated into …

Student Attitudes Toward Individuals With Disabilities: Inclusive Versus Traditional Classrooms In Elementary School, Heather Young

Theses

In recent years, many schools have begun to include students with disabilities in general education classrooms. Studies on "inclusion," have shown several positive effects for students with and without disabilities. This study examines the self-reported attitudes of 185 elementary school students in inclusive and traditional classrooms, as measured by the Scale of Children's Attitudes Toward Exceptionalities (SCATE). Self-reported attitudes and experiences of general education teachers were also assessed using a survey developed by the researcher. Although statistically significant relationships were found on the SCATE, these were not logical or conclusive. Results of the teacher surveys indicate that teachers of inclusive …

Integrated Queries To Existing Bibliographic And Structured Databases, Ee Peng Lim, Ying Lu

Research Collection School Of Computing and Information Systems

It is widely accepted that future digital library applications have to be built upon different kinds of database servers to draw upon different forms of data, including bibliographic, text, multimedia, and structured data. In this paper, the problem of integrating existing public bibliographic databases and structured databases which reside at different locations in the network is addressed. Although bibliographic data is semistructured, its attribute set is often determined by an international standard known as MARC. To unify bibliographic and structured data, the well-known SQL was extended to model bibliographic related attributes and queries. In particular, a new data type was …

"The Second Night's Stop": Effects Of U.S. Highway 301, Tourism, And Interstate 95 Upon Statesboro, Georgia, 1950-1975, David T. Martin

College of Graduate Studies: Theses & Dissertations (1964–2006)

The history of the automobile is a vital part of the history of the twentieth century United States The automobile began to significantly reshape America following the second World War. The construction of the enormous National Interstate and Defense Highway System assured the dominance of personally-owned automobile as the mode of transportation in the United States. Improved highways made far-flung suburban communities possible and the 41,000 miles of Interstate highway traversing our nation and entering our metropolitan areas assured crowded city streets and time-consuming traffic jams.

What however, has the Interstate system done to the rural areas of our nation? …

Small Miracles: Propagation Efforts Using Plants In The Family Hamamelidaceae, Martha Sasser Joiner

College of Graduate Studies: Theses & Dissertations (1964–2006)

Attempts were made to propagate five species in the family Hamamelidaceae by softwood cuttings or seeds. Local populations of witch-hazel Hamamelis virginiana L. and sweetgum Liquidambar styraciflua L. supplied cuttings and seeds of these native American species. Cultivated plants of dwarf witch-alder Fothergilla gardenii Murray were used initially for cuttings. Later, three native populations of this species were located and cuttings were obtained from them. Also, for seed propagation studies, seeds of F. gardenii were obtained from the North Carolina Botanical Garden and seeds were obtained from cultivated plants of two Asian species, winter hazel Corylopsis sinensis Hemsley and Chinese …