Digital Commons Network^™

Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall

University of Michigan Journal of Law Reform

The Restatement (Third) of Torts: Products Liability section 2(b) is a wish list from manufacturing America. It returns products liability law to something more restrictive than negligence. What is new from the Reporters is that their proposal is written on a clean sheet of paper. Messy and awkward concepts such as precedent, policy, and case accuracy have been brushed aside for the purpose of tort reform. There has been almost no attempt to evaluate strict liability precedent or the policies underlying previous cases and the Restatement (Second) section 402A. Section 2b (the roof) has been drafted with little consideration of …

Warning Defect: Origins, Policies, And Directions, Robert E. Keeton

University of Michigan Journal of Law Reform

On a spectrum from the polar extreme of generality to the opposite pole of specificity, "What should warnings say?" is near the extreme in its degree of generality. A question phrased this way invites a correspondingly generic response. Such a response is not very useful to the trial judge and lawyers who regularly must fashion clear explanations on the law of warning defect for layperson juries. As used here, this question is not intended as a signal inviting just any kind of response that might be acceptable under the mores of casual conversation. It is a more serious request for …

Arriving At Reasonable Alternative Design: The Reporters' Travelogue, James A. Henderson Jr., Aaron D. Twerski

University of Michigan Journal of Law Reform

Substantial commentary and controversy have been generated by the requirement in the new Restatement (Third) of Torts: Products Liability that plaintiffs in most (but not all) cases involving claims of defective product design show that a reasonable alternative design was available and that failure to adopt the alternative rendered the defendant's design not reasonably safe. Henderson and Twerski explain the origins of that requirement in American products liability case law and show that it is not only the majority position but also comports with widely shared views regarding the proper objectives of our liability system. Although consumer expectations cannot serve …

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …

Coalition For Prisoners' Rights Newsletter, Vol 22, No. 12, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

Religious Anti-Death Penalty Conference

Transforming Punishment

Voices From Inside

Voices in Solidarity

Crime of the Month

Fortnightly - December 1, 1997

Fortnightly

No abstract provided.

The Mayfly Newsletter, Peter M. Grant

The Mayfly Newsletter

The Mayfly Newsletter is the official newsletter of the Permanent Committee of the International Conferences on Ephemeroptera.

Ut Arlington Library Notes, V.3, No.2, Fall 1997, University Of Texas At Arlington Library

UT Arlington Library Notes

Former publication of the UT Library intended to foster community support and appreciation for Library Programs and services and to spotlight grants and contributions. It was published during the 1990s and 2000s.

Near-Field Measurements On Contrail Properties From Fuels With Different Sulfur Content, Andreas Petzold, Reinhold Busen, Franz Peter Schroder, Robert Baumann, Markus Kuhn, Johan Strom, Donald E. Hagen, Philip D. Whitefield, Darrel G. Baumgardner, Frank Arnold, Stephan Borrmann, Ulrich Schumann

Physics Faculty Research & Creative Works

Microphysical properties of jet exhaust aerosol and contrails were studied in the near field of the emitting aircraft for different fuel sulfur contents. Measurements were performed behind two different aircraft (ATTAS test aircraft of type VFW 614 and Airbus A310-300) using fuels with sulfur contents of 6 ppm and 2700 ppm, respectively. At closest approach (plume age < 1 s), the total number concentrations exceeded the measuring range of the condensation particle counter, i.e., N > 10⁵ cm^-3. The concentration of the dry accumulation mode aerosol, i.e., predominantly soot particles, was not affected by the fuel sulfur content. At a plume age of 10 s, an increase in total number concentration (Dp > 0.01 μm) by a …

Self-Love And Social Are The Same: Reflections On Autonomy, Autobiography, And The Responsible Self, Eugene R. August

University of Dayton Review

I begin with this question for a specific, local reason. When the Humanities Base theme of autonomy and responsibility is raised in the classroom, students frequently misperceive the terms as opposites: they see autonomy vs. responsibility. As a result, classroom discussions of this theme often go nowhere because the discussants have defined autonomy as one's right to do as one pleases and responsibility as a restriction imposed by those in power. Attempts to explore issues such as abortion, gun control, same-sex marriage, and physician-assisted suicide quickly become mired in the mono-theme of a debate between individual rights and social repression. …

Where Virtue Is Vice, And Vice Versa: The Themes Of Autonomy And Responsibility In The Work Of Ayn Rand, M. Therese Lysaught

University of Dayton Review

Ayn Rand was born Alice Rosenbaum to a Jewish family in St. Petersburg, Russia, on February 2, 1905. As many occupations were closed to Jews in this time and culture, her father followed the path of an entrepreneur, becoming a "self-made man," a pharmacist. Alice was twelve years old at the time of the Communist Revolution.

The Archbishop And A December Rose: The Lives Of Monsignor Romero And Jean Donovan As Examples Of Christian Discipleship, Janis L. Krugh

University of Dayton Review

"Roses in December," that beautiful metaphor Ana Carrigan used as the film's title to describe Jean Donovan and the three nuns — Maura Clarke, Ita Ford, and Dorothy Kazel — who were raped and murdered with her in EI Salvador on that fateful night of December 2, 1980, captures perfectly the sense of Jean Donovan's life. The rose, usually associated with love and beauty, certainly characterizes the beauty of her love for and her work with the Salvadoran people. The rose's bloom, however, lasts but a brief time, reminding us of the brevity of life in general, and of Donovan's …

A Review Of 'A Study Of The Spelling Development Of Adult Literacy Learners Compared With That Of Classroom Children', Bryan Bardine

English Faculty Publications

A great deal of research has looked at the spelling development of children, but comparatively little has focused on ways adult literacy students develop as spellers. Neva M. Viise, in her article "A Study of the Spelling Development of Adult Literacy Learners Compared with that of Classroom Children," examines some interesting aspects of adults' and children's spelling development. This study "compared the spelling development of 195 child and 124 adult literacy learners through a comparison of spelling errors" (p. 561). The author asks two important questions in this research. First, will adult literacy students progress through the same stages of …

Vytis, Volume 83, Issue 10 (December 1997), Knights Of Lithuania

Vytis: The Newsletter of the Knights of Lithuania

Newsletter of the Knights of Lithuania national organization (United States); digitized and made available with the permission of the organization. Content may be protected by copyright.

Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis

American University Law Review

No abstract provided.

Main Hall To Main Street, December 1997, University Of Montana--Missoula. Office Of University Relations

Main Hall to Main Street, 2005-2010

This is volume 3, number 6 of Main Hall to Main Street.

Abstracts Of Papers Delivered At The Tos State Meeting, Autumn 1997, The Migrant

The Migrant - Tennessee Ornithological Society

No abstract provided.

1995 Performance Evaluation Of Florida Transit System, Cutr

CUTR Research Reports

No abstract provided.

Review Of "Translingual Practice: Literature, National Culture, And Translated Modernity--China, 1900-1937" By L. H. Liu, Haili Kong

Chinese Faculty Works

No abstract provided.

The Effects Of Trade Orientation And Human Capital On Total Factor Productivity, Stephen M. Miller, Mukti P. Upadhyay

Economics Working Papers

We study the effects of trade orientation and human capital on total factor productivity for a pooled cross-section, time-series sample of developed and developing countries. We first estimate total factor productivity from a parsimonious specification of the aggregate production function involving output per worker, capital per worker, and the labor force, both with and without the stock of human capital. Then we consider a number of potential determinants of total factor productivity growth including several measures of trade orientation as well as a measure of human capital. We find that a high degree of openness benefits total factor productivity and …

Flotsam And Jetsam - December 1997, South Carolina Institute Of Archaeology And Anthropology--University Of South Carolina

Sport Diver Newsletters

Contents:

Canoes in the Lowcountry..... p.20
Hunley Update..... p.22
Volunteer Opportunities..... p.23
Port Royal Sound Survey..... p.24
Mepkin Abbey Shipwreck..... p.26

Monetary Policy And Financial Sector Reform., J. O. Adeeribigbe

Bullion

The objective of this paper is to familiarize course participants with the importance of financial sector reform to the effective conduct of monetary policy based on free market principles, and examine the challenges posed to the monetary authorities in Nigeria in this regard. The paper is divided into four parts. following this introduction, part 11 of the paper analyses the framework for financial sector reform and implications for monetary policy. in part 111 an attempt is made to outline the implementation of financial sector reforms in Nigeria, while part IV evaluates the effectiveness of monetary policy between 1990 and 1997 …

Interest Rate Policies In Ecowas Countries: A Comparative Analysis., Benji C. Onyido

Bullion

This paper reviews the experiences of developing countries in the management of interest rates, with emphasis on ECOWAS countries. While the Anglophone countries have adopted independent interest rate policies overtime, the Francophone members of the West African Monetary Union (WAMU) have shared similar experiences-a common currency (the CFA franc),a central bank (BCEAO) and common monetary policies. The paper is divided into four parts, in part I, it examines the roles of, and factors affecting interest rates. The part II highlights the characteristics of interest rates in developing countries and requirements for a successful interest rate reform. Part III reviews the …

Government Fiscal Policy In 1996/1997: Implications For Economic Development And Survival Of Banks., Sarah Omotunde Alade

Bullion

The paper highlights the implications of fiscal policies in the economy and the survival of banks. It provide a broad overview of the impact of the fiscal policies adopted in 1996 and 1997 and its implications for development. The current fiscal policies are predicated on the 1995 budget, the discussion of the effect of fiscal policies on the economy will start from 1995 when the present fiscal policy stance of government began. The structure of the paper is as follows. The introduction, followed by the conceptual role of fiscal policy in an economy, while section III looks at the fiscal …

Performance Evaluation Of Small-Medium Enterprises (Smes) In Nigeria., B S. Adebusuyi

Bullion

This paper attempts to evaluate the performance of the SME sub-sector in view of both the general and specific government developmental strategies and policies channelled to the sub-sector. The paper is structured into five sections. The first section reviews the definition, characteristics and roles of the SMEs. section II discusses government policies for the promotion of SMEs, and an evaluation of the performance of the sub-sector is undertaken in section III. The outstanding problems of the SMEs are outlined in section IV, while section V summarises and concludes the paper.

Wright State University Libraries Access Newsletter December 1997, Wright State University Libraries

Access Newsletter

A four page newsletter created by Wright State University Libraries that addresses the current affairs of the Libraries.

The Relationship Between Subtalar And Knee Joint Function As A Possible Mechanism For Running Injuries, Nikolaos Stergiou, Barry T. Bates

Journal Articles

The purposes of the study were: (1) to evaluate the effects of different surfaces on the relationship between subtalar and knee joint function, and (2) to examine/explore alternative approaches to the evaluation of these relationships. Five subjects ran under four different surface conditions of various hardness, while both rear and sagittal view kinematic data were collected (200 Hz). Critical parameters describing the knee angle and rearfoot motion were examined in conjunction with a curve analysis technique which incorporated slope differences and curve correlations. A repeated measure ANOVA design (surface × subject) was used along with single subject procedures. The results …

December 1997, Buffalo Belles

Buffalo Belles Newsletters

No abstract provided.

Evaluating The Information Content And Money Making Ability Of Forecasts From Exchange Rate Equations, Ray C. Fair

Cowles Foundation Discussion Papers

This paper evaluates a particular set of equations for the dollar/yen and dollar/mark exchange rates. The forecasts from the equations dominate both forecasts from the random walk model and forecasts using the forward rate. The results also suggest that money may be able to be made in the forward markets using the equations.

From Doubt To Affirmation: Reflections On The Recent History Of Catholic Parochial Education, Timothy Walch

Journal of Catholic Education

The author of a new history of parochial schools reviews the soul-searching that gripped Catholic education in the 1980s and shows how doubt and anxiety forced Catholic educators to face a simple but vital fact of life: As long as there are parents, pastors, and teachers interested in parochial education, these schools will survive and thrive. Even though American Catholic parochial education will never again attain the position of influence it had in the middle of the 20th century, parish schools will remain important education laboratories for the coming century.