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Playing Defense, Robert F. Nagel

William & Mary Bill of Rights Journal

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment- in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this …

Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk

William & Mary Bill of Rights Journal

Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.

This Note analyzes the use of mediation in domestic relations …

High Wall Or Lines Of Separation?, James J. Knicely

William & Mary Bill of Rights Journal

The issue of religion and the role it should play in government has long evoked spirited debate. Recently, an argument has been made that the "separation" between religion and politics has played a large factor in what many consider to be our nation's "moral decay. " Such an argument, however, is not new.

In reviewing Religion and Politics in the Early Republic: Jasper Adams and the Church-State Debate, edited by Daniel L. Dreisbach, James Knicely examines the power of elected government to act benevolently toward religion and the moral values associated with it in light of today's social ills. Religion …

Acknowledgements, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

Rates Of Root Zone Oxygen Transfer Into Aqueous Solution By An Emergent Macrophyte, Sherri Meintser

McNair Scholars Research Journal

No abstract provided.

Exotic Mesons In Quenched Lattice Qcd, James E. Hetrick, C. Bernard

All Faculty Articles - School of Engineering and Computer Science

Since gluons in QCD are interacting fundamental constituents just as quarks are, we expect that in addition to mesons made from a quark and an antiquark, there should also be glueballs and hybrids (bound states of quarks, antiquarks and gluons). In general, these states would mix strongly with the conventional q-bar-q mesons. However, they can also have exotic quantum numbers inaccessible to q-bar-q mesons. Confirmation of such states would give information on the role of "dynamical" color in low energy QCD. In the quenched approximation we present a lattice calculation of the masses of mesons with exotic quantum numbers. These …

The Prairie Naturalist Volume 29, No.4. December 1997

The Prairie Naturalist

BUTTERFLY SPECIES IN NATIVE PRAIRIE AND RESTORED PRAIRIE ▪ D. M. Debinski and A. M. Babbit

BACK-CALCULATED LENGTH-AT-AGE ESTIMATES FROM TWO SCALE RADII ▪ K. L. Hurley, K. L. Pope, and D. W. Willis

DIET OF NORTH DAKOTA ELK DETERMINED FROM RUMEN AND FECAL ANALYSES ▪ R. G. Osborn, J. A. Jenks, and W. F. Jensen

INTERSPECIFIC COMPETITION FOR FOOD BETWEEN WHITE-FOOTED MICE AND EASTERN WOODRATS ▪ B. G. Aloiau, D. M. Post, and E. A. Home

NESTING PIPING PLOVER AND LEAST TERN ON THE KANSAS RIVER ▪ W. H. Busby, D. W. Mulhern, P. G. Kramos, and D. A. …

On Multiple Solutions Of A Nonlinear Dirichlet Problem, Alfonso Castro, Jorge Cossio, John M. Neuberger

All HMC Faculty Publications and Research

We prove that a semilinear elliptic boundary value problem has five solutions when the range of the derivative of the nonlinearity includes at least the first two eigenvalues. We also prove that if the region is a ball the semilinear elliptic problem has two solutions that change sign and are nonradial.

A Study Of Polycyclic Aromatic Hydrocarbons During Combustion In An Afbc System, Laura Dicken

Masters Theses & Specialist Projects

The purpose of this study was to develop the on-line method of analysis which leads to the study of polycyclic aromatic hydrocarbons (PAHs) during combustion in an atmospheric fluidized bed combustor (AFBC) system. The study of PAHs is important because they may be produced upon the combustion of coal. The US EPA prioritizes PAHs as major pollutants due to their mutagenic and carcinogenic effects. Standards of PAHs were analyzed by injection into the gas chromatograph-mass spectrometer (GC-MS). These standards were then analyzed using the on-line method. Two coals were burned in the AFBC system and effluent samples were collected. These …

Fundamental Investigations Of Mechanistic Pathways Of Selected Organic Reactive Intermediates, Carl Whittle

Masters Theses & Specialist Projects

Part 1 of this thesis deals with the role that it -electron density plays in the formation of it -complexes in electrophilic aromatic substitution. Using commercial and synthetic compounds of varying it-electron density, the fact that % -complexes actually exist in these species was determined by a mass spectral investigation that was designed to monitor alkyl side-chain isomerizaitons. Also, the amount of it-complex was determined for each compound by measuring the amount of alkyl carbenium ion loss in each compound's mass spectrum. Found within the systems was an internal trend showing that the greater the amount of 7t-electron density in …

A Rogue’S Paradise: Crime And Punishment In Antebellum Florida, 1821-1861 By James M. Denham, Robert P. Ingalls

Tampa Bay History

No abstract provided.

Bringing Justice To The Frontier: Crime And Punishment In Antebellum Hillsborough County, James M. Denham

Tampa Bay History

No abstract provided.

Non-Breeding Territoriality Of Semipalmated Sandpipers, Kimberly J. Tripp, Jaime A. Collazo

Wilson Bulletin

No abstract provided.

Male Morphology And Nest-Site Quality In House Sparrows, Rebecca T. Kimball

Wilson Bulletin

No abstract provided.

Things Remembered: An Album Of African Americans In Tampa By Rowena Ferrell Brady, Kathleen S. Howe

Tampa Bay History

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a number of cases raising significant evidentiary issues but no startling developments. Two areas in particular should be noted. As suggested in last year's survey, lawyers engaged in civil litigation should continue to be aware of decisions addressing the admissibility of collateral source payments and the remedies available when a party improperly injects the issue of collateral source payments. All trial lawyers, especially those engaged in criminal practice, should take note of the continued evolution of the "necessity" exception to the hearsay rule.

Perhaps the most striking development came not from the appellate courts but rather …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The world of local government is a place of remarkable occurrences:

At the meeting of the governing authority, the chambers were overflowing, passions were palpable, and the media descended in droves. The vote was taken on the re-zoning petition. The council's vote was evenly split. The newly elected Mayor would have to break the tie. He announced to all that he did not know how he should vote. He then proceeded to toss a coin into the air, explaining that if it was "heads," he would vote "yes," and if it was "tails," he would vote "no." As if in …

Torts, Deron R. Hicks

Mercer Law Review

No abstract provided.

Business Associations, Paul A. Quirós, Lynn Schutte Scott, Lora A. Tarle

Mercer Law Review

This Article surveys recent developments in Georgia law in the areas of corporate, partnership, securities, and banking law. It covers noteworthy cases decided during the survey period by Georgia state and appellate courts, United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals. Also included are legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Spin Splitting Of Donor-Bound Excitons In Zno Due To Combined Stress And Spin Exchange, D. C. Reynolds, David C. Look, B. Jogai, T. C. Collins

Physics Faculty Publications

No abstract provided.

Central Southern Region, Robert D. Purrington

National Audubon Society Field Notes

No abstract provided.

Design Defects Under The Proposed Section 2(B) Of The Restatement (Third) Of Torts: Products Liability- A Judge's View, William A. Dreier

University of Michigan Journal of Law Reform

The proposed section 2(b) of the Restatement (Third) of Torts: Products Liability has caused a great deal of controversy, and many are concerned that this section represents a radical change in the law. This Article explains that section 2(b) in fact provides a pragmatic, workable tool for judges and attorneys to explain and prove a manufacturer's liability for a defective product. It sheds much of the baggage of the Restatement (Second) of Torts section 402A and its commentaries, yet preserves the essence of the theory behind section 402A. The criticisms of the new language are adequately met in the comments, …

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 …

Layout For Visualizing Large Software Structures In 3d, Colin Ware, Glenn Franck, Monica Parkhi, Tim Dudley

Center for Coastal and Ocean Mapping

There is increasing evidence that 3D visualization of complex structures has advantages over 2D visualization. While nested directed graphs are an important method of representing information in 2D or 3D, they must be effectively organized in order to be understood. Most work on graph layout has assumed that fully automatic layout is desirable. Through our work with graphs representing large software structures, we have found that, due to the importance of the semantic content, it is necessary to combine automatic layout with manual layout. This paper describes a system called GraphVisualizer3D, which was designed to help people understand large nested …

First Language And Gesture Acquisition In Children With Cerebral Palsy, Ann Christine Friel

Dissertations and Theses

Many children with Cerebral Palsy (CP) will receive speech and language intervention throughout their lives. However, there is a lack of descriptive data for language and gesture development of children with CP. When assessing the skills of children with CP, standardized tests and clinical observations have several inherent faults due to time constraints, normative data, and physical constraints. An alternative method used to gather data in the area of language and gesture development is parent questionnaire. The MacArthur Communicative Development Inventory: Words & Gestures was chosen for this study because it has been shown to be an efficient, valid, and …

How And Why Worship?, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

Otter Realm, December 1997, Vol. 2 No. 21, California State University, Monterey Bay

The Otter Realm

Fort Ord Toxic Clean-up Efforts -- CSUMB's Environmental Impact Report Available -- CSUMB Hosts "America Reads" Awards -- An Interim Draft Policy for Responsible Computing? -- John Trudell: Can You Respond? -- 12th Annual Christmas Dinner -- O! Mistletoe! A Symbol of Love -- Kwanzaa: An African-American Celebration -- Chanukah-Festival of Lights -- Christmas Traditions -- Wellness Classes Introduce Foundations For Healthy Living -- BEAM and IMIE Collaborate to Introduce Entrepreneurship -- Black Box Improved