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1998

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I'Ll Take It For What It Is Worth -- The Use Of Hearsay Evidence By Labor Arbitrators: A Primer And Modest Proposal, Marvin F. Hill, Jr., Tammy M. Westhoff, Jan 1998

I'Ll Take It For What It Is Worth -- The Use Of Hearsay Evidence By Labor Arbitrators: A Primer And Modest Proposal, Marvin F. Hill, Jr., Tammy M. Westhoff,

Journal of Dispute Resolution

This article considers these and other selected problems dealing with hearsay evidence that are likely to be encountered in the arbitral forum. It is our thesis that arbitrators do and should credit some (but not all) forms of hearsay evidence, but that the arbitral process is not served by admitting all evidence and "taking it for what it is worth." Further, we believe when an advocate's case against a grievant consists entirely of hearsay evidence, and there is no reliable substitute for cross examination or "equivalent circumstantial guarantees of trustworthiness," the grievant should prevail. Only in the rarest of cases …

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Faa Exclusionary Clause: Are We Headed For A Broader Interpretation Of Interstate Commerce - Miller V. Public Storage Management, Inc., The, Matthew Potter Jan 1998

Faa Exclusionary Clause: Are We Headed For A Broader Interpretation Of Interstate Commerce - Miller V. Public Storage Management, Inc., The, Matthew Potter

Journal of Dispute Resolution

The Federal Arbitration Act ("FAA") encompasses a vast spectrum of arbitration controversies. The FAA provides that "[a] written provision in .. . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction... shall be valid, irrevocable, and enforceable."2 The preceding section of the Act, however, states that "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce."3 In their efforts to maintain a balance between these competing interests, many courts have attempted to assemble …

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Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla Jan 1998

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Law Faculty Publications

Imagine that we set out to classify news organizations as falling into one of two Platonic "idealized forms," the "serious" journalists on the one hand, and the "tabloid" journalists on the other. In the pursuit of this happy exercise we might attempt to list the attributes that we tend to associate with each of these idealized forms. ...

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From Paparazzi To Hidden Cameras: The Aggressive Side Of A Free And Responsible Press, Rodney A. Smolla Jan 1998

From Paparazzi To Hidden Cameras: The Aggressive Side Of A Free And Responsible Press, Rodney A. Smolla

Law Faculty Publications

This article examines the complex of cultural effects and possible legal responses in the wake of the Princess of Wales' death. To say that the paparazzi were complicit in her death is to forget that, in spite of their frequently invasive means of obtaining news, these were also the kind of journalists who were complicit in the public celebration of her life. Had the Hutchins Commission this tragedy to include in its deliberations about press responsibility, it likely would have stated its indignation and suggested Diana's death as more evidence that journalists be regulated. But this article argues that aggressive …

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A Nonisothermal Nickel‐Hydrogen Cell Model, Pauline De Vidts, Javier Delgado, B. Wu, D. M. See, K. Kosanovich, Ralph E. White Jan 1998

A Nonisothermal Nickel‐Hydrogen Cell Model, Pauline De Vidts, Javier Delgado, B. Wu, D. M. See, K. Kosanovich, Ralph E. White

Faculty Publications

No abstract provided.

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Relationships Among Grain Sorghum Quality Factors, Roberto A. Buffo, Curtis L. Weller, Anne M. Parkhurst Jan 1998

Relationships Among Grain Sorghum Quality Factors, Roberto A. Buffo, Curtis L. Weller, Anne M. Parkhurst

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Correlations among grain sorghum quality factors (proximate composition, physical properties, and water absorption properties) were evaluated. Samples of 46 commercial hybrids (24 and 22 from crop years 1993 and 1994) were analyzed for starch, protein, crude free fat, test weight, absolute density, 1,000 kernel weight, percent kernel abraded, water absorption index, initial water absorption rate, and moisture saturation point. Test weight, absolute density, and percent kernel abraded were positively correlated among themselves (r > 0.5). Protein was negatively correlated with both test weight and absolute density (r < -0.5), while moisture saturation point showed negative correlations with test weight, absolute density, 1,000 kernel weight, and percent kernel abraded (r < -0.4). Principal component factor analysis through the covariance matrix explained 95% of the total variation of quality factors among hybrids (two factors), and, through the correlation matrix, 85% of the total variation (five factors). Water absorption rate decreased with increasing starch content of grain sorghum kernels as water absorption rate increased and amount of water for saturation decreased with softening of kernels.

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Communicating Tissue Culture As Art, Ionat Zurr Jan 1998

Communicating Tissue Culture As Art, Ionat Zurr

Theses : Honours

Biologically related technologies are developing rapidly. Their effects will shape the future of human society and the human environment. This paper examines, through the discipline of Photomedia, possible futures dominated by biologically related technologies. More specifically, it explores the relevant issues through the art project called 'Tissue Culture & Art' (therefore refer to as TC&A). TC&A is a research and development project which explores the use of tissue culture and tissue engineering as a medium for artistic expression. Biologically related technologies can be used as a source for questioning the traditional meta-dichotomy of nature versus culture. TC&A redefines the terrain …

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Young Children's Understanding Of Design In The Technology Process, Jean E. O'Sullivan Jan 1998

Young Children's Understanding Of Design In The Technology Process, Jean E. O'Sullivan

Theses : Honours

This study explored the development of children's thinking when social constructivist principles of learning were implemented through technological experiences. The study monitored the development of children's understanding of “design" through project work, using classroom based action research. In addition to investigating children's understandings, the study explored the use of technology in early childhood curriculum to develop the skills said to be required in the next millennium. The study found that five year old children are capable of "designing" and that technology is an effective vehicle for developing socially, contextually and culturally appropriate learning experiences.

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The Effect Of Training Mode On Skill Acquisition And Transfer, Douglas F. Brewer Jan 1998

The Effect Of Training Mode On Skill Acquisition And Transfer, Douglas F. Brewer

Theses : Honours

This study examined the transfer of skills developed in solving a simple algebraic formula. Forty-two university Psychology undergraduates, randomly assigned to one of two training groups. were required to practice solving the formula (X2-Y)/2 by substituting numbers for the variables x and y. One group of participants practiced with eight sets of numbers, while the other group practiced with 16 sets of numbers. All participants performed 320 trials during training. In the transfer phase, the response times required to solve the same formula with a set of numbers not previously encountered was analysed to determine if the variation …

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Fear Of Diminishing Fortunes In Middlemarch, Mirella Scarvaci Jan 1998

Fear Of Diminishing Fortunes In Middlemarch, Mirella Scarvaci

Theses : Honours

This thesis offers an interpretation of George Eliot's novel, Middlemarch, which focuses on the historical qualities of Eliot's writing. The thesis invites the need to challenge earlier interpretations of the novel and to develop new theories about the text. The main focus of this research is to show Eliot's presentation of the fear of diminishing fortunes within Middlemarch society. Historical materials are used to verify Eliot's portrayal of the past in Middlemarch. To supplement this, secondary historical sources with a traditional approach will be challenged by recent historical material to ascertain whether Eliot's Middlemarch is a true portrayal of the …

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Contempt Sanctions And The Excessive Fines Clause, Margaret Meriwether Cordray Jan 1998

Contempt Sanctions And The Excessive Fines Clause, Margaret Meriwether Cordray

North Carolina Law Review

No abstract provided.

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M.L.B. V. S.L.J.: Protecting Familial Bonds And Creating A New Right Of Access In The Civil Courts, Mary Mccrory Krupnow Jan 1998

M.L.B. V. S.L.J.: Protecting Familial Bonds And Creating A New Right Of Access In The Civil Courts, Mary Mccrory Krupnow

North Carolina Law Review

No abstract provided.

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Juries Under Siege., Phil Hardberger Jan 1998

Juries Under Siege., Phil Hardberger

St. Mary's Law Journal

Beginning in the late 1980s, the Texas Supreme Court saw a slew of conservative judges elected to the bench. With this new Court, previous expansions of the law were stopped. Jury verdicts became highly suspect and were frequently overturned for a variety of reasons. Damages too did not go unnoticed. Juries’ assessments were wiped out by increasingly harsher standards. The ripple effect of the Court’s conservative philosophy on the judicial process was substantial. Jury verdicts, few as they may be, are not subject to harsh scrutiny by conscientious appellate judges sworn to follow the Texas Supreme Court’s precedent. And the …

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Bureaucracy In The Postmodern World: Problems And Solutions, Paul C. Godfrey, Grant C. Madsen Jan 1998

Bureaucracy In The Postmodern World: Problems And Solutions, Paul C. Godfrey, Grant C. Madsen

Faculty Publications

This paper considers the problems presented by modern bureaucratic organizations within the framework of postmodern philosophy. Bureaucracy represents the logical outcome of the rational tradition in western philosophy. Because of their efficiency properties, individuals are both the beneficiaries and victims of bureaucratic behavior. We suggest that a solution to these problems will not be found by using existing philosophical frameworks. The French philosopher Jean-Francois Lyotard presents a model of postmodern relationships based on language games. We explore the concept of language games within bureaucratic settings.

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The Contributors, Marites Tiongco Jan 1998

The Contributors, Marites Tiongco

DLSU Business & Economics Review

No abstract provided.

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Strategic Planning In The Philippine Advertising Agency Business: A Practice, A Trend, Or A Dream?, Leonardo R. Garcia Jr. Jan 1998

Strategic Planning In The Philippine Advertising Agency Business: A Practice, A Trend, Or A Dream?, Leonardo R. Garcia Jr.

DLSU Business & Economics Review

Effective advertising campaigns are based on a systematic and detailed analysis of product, market, media, and consumer information. Advertisers and their agencies conduct a considerable amount of in-house research, especially personal and focused group interviews, to understand consumers' motivation and decision processes. This philosophy of scanning the environment, conducting research, and obtaining consumer insights in the development of an advertising campaign is essentially known as strategic planning (Gatignon and Burke, 1991).

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Effects Of Supervisory Control On Salesperson Behavior, Rustica D. Badillo Jan 1998

Effects Of Supervisory Control On Salesperson Behavior, Rustica D. Badillo

DLSU Business & Economics Review

The supervisor is a key person in any organization because his job embraces the difficulties of management in controlling the organization. His primary responsibility is the accomplishment of the organization's goals and objectives — getting things done — with and through people. Over the years, his work has undergone changes and is still undergoing developments, depending upon the demands of the times. In its desire for continuous improvement, management searches for new and better ways of running the organization. Every change initiated by management should reach the lowest level of the organization and it is the supervisor who initiates and …

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Bsa Students' Academic Achievements Vs Audit Competence, Teresita Nadurata Jan 1998

Bsa Students' Academic Achievements Vs Audit Competence, Teresita Nadurata

DLSU Business & Economics Review

How graduates fare in the actual world of work and in professional examinations are concerns of an educational institution. Past researches show gaps between academic competence and workplace competence. Foreign accountancy journals mention similar competence gaps. These observations and remarks have led to the recommendation that the academe and the workplace jointly find means to bridge the gap between academic preparation and practical application. How do Accountancy graduates of De La Salle University (DLSU) fare in so far as competence in audit work is concerned? Has their accounting education at DLSU adequately prepared them to cope with various practical situations …

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Ontario Works: A Preliminary Assessment, Ian Morrison Jan 1998

Ontario Works: A Preliminary Assessment, Ian Morrison

Journal of Law and Social Policy

No abstract provided.

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Equity Law For Clinic Advocates: A 1997 Review, Judith Keene Jan 1998

Equity Law For Clinic Advocates: A 1997 Review, Judith Keene

Journal of Law and Social Policy

No abstract provided.

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The Discovery Process As A Circle Of Blame: Institutional, Professional, And Socio-Economic Factors That Contribute To Unreasonable, Inefficient, And Amoral Behavior In Corporate Litigation, Robert L. Nelson Jan 1998

The Discovery Process As A Circle Of Blame: Institutional, Professional, And Socio-Economic Factors That Contribute To Unreasonable, Inefficient, And Amoral Behavior In Corporate Litigation, Robert L. Nelson

Fordham Law Review

No abstract provided.

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Ambivalence, Contradiction, And Ambiguity: The Everyday Ethics Of Defense Litigators, Carla Messikomer Jan 1998

Ambivalence, Contradiction, And Ambiguity: The Everyday Ethics Of Defense Litigators, Carla Messikomer

Fordham Law Review

No abstract provided.

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The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan Jan 1998

The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan

Fordham Law Review

No abstract provided.

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Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat Jan 1998

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

Fordham Law Review

No abstract provided.

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The Criminal Regulation Of Lawyers, Bruce A. Green Jan 1998

The Criminal Regulation Of Lawyers, Bruce A. Green

Fordham Law Review

No abstract provided.

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Questions And Possible Responses, Douglas N. Frenkel Jan 1998

Questions And Possible Responses, Douglas N. Frenkel

Fordham Law Review

No abstract provided.

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Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr. Jan 1998

Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.

Fordham Law Review

No abstract provided.

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Faith And The Attorney-Client Relationship: A Muslim Perspective, Azizah Y. Al-Hibri Jan 1998

Faith And The Attorney-Client Relationship: A Muslim Perspective, Azizah Y. Al-Hibri

Fordham Law Review

No abstract provided.

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The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs Jan 1998

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs

Fordham Law Review

No abstract provided.

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Agenda: Pro Bono And Service Obligations: Group #7 Jan 1998

Agenda: Pro Bono And Service Obligations: Group #7

Fordham Law Review

No abstract provided.

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