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Turning Plowshares Into Swords And Bananas Into Barrettas: A Call For A Revision To The Ucmj To Include Unloaded Firearms As Dangerous Weapons, A. Jack Guggenheim

Journal of Law and Policy

No abstract provided.

New Battles Between Freelance Authors And Publishers In The Aftermath Of Tasini V. New York Times, Laurie A. Santelli

Journal of Law and Policy

No abstract provided.

Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George

Vanderbilt Law School Faculty Publications

As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, to date, the issue has received mostly normative treatment, this Article proceeds systematically and confronts the positive inquiry: how do courts of appeals judges actually decide cases? The Article proposes theoretically, tests empirically, and considers the implications of, a combined attitudinal and strategic model of en banc court of appeals decision making. The results challenge the classicist judges, legal scholars, and practitioners' normative frameworks, and suggest positive theory's …

Should Labor Be Allowed To Submit Shareholder Proposals?, Randall Thomas, Kenneth J. Martin

Vanderbilt Law School Faculty Publications

In this Article, we investigate whether labor unions and related entities should be permitted to continue to make shareholder proposals using Rule 14a-8 of the federal securities laws. We focus on the claim that labor is using the shareholder proposal mechanism to further the interests of workers at the expense of other shareholders. In particular, corporate management groups have suggested that when labor is involved in collective bargaining negotiations with management, it should be barred from submitting shareholder proposals because labor proposals seek to further interests not shared by other security holders of the company. Using data on shareholder proposals …

Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental degradations such as pesticide runoff, wetlands conversion, and overgrazing. Between these different bands of lifestyle and land use lie the suburbs, which present their own set of environmental policy issues. This Article focuses on one of those problems: the growth of suburban land area and what it means for emerging notions of ecosystem management and sustainable development at the local land use scale. Part I of the Article provides the demographic and …

The Irony Of Deregulatory Takings, Jim Rossi

Vanderbilt Law School Faculty Publications

This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …

Redistribution Through Discriminatory Taxes: A Contractarian Explanation Of The Role Of The Courts, Erin O'Connor

Vanderbilt Law School Faculty Publications

What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions associated with rent seeking. Perhaps they should protect those chosen to bear the burden of discriminatory treatment regardless of social costs, out of fairness concerns for equal treatment. At a minimum, however, the courts should prohibit taxes that would be unanimously condemned ex ante. In this Article, we show, primarily with cases treating progressive taxation, discriminatory property taxes, and taxes on businesses, that the courts have chosen only this third minimalist …

Measuring Fine Aggregate Shape By Digital Imaging, Larry David Klotz

Theses and Dissertations

Fine aggregate shape has been identified as a factor in determining asphalt pavement rutting susceptibility. In an effort to improve test methods for measuring aggregate shape characteristics, a video-based, computer-controlled imaging system was developed. Individual aggregate particles were characterized by shape attributes. A neural network classifier used these attributes to calculate a single number classification index that relates to expected performance in asphalt concrete based on angularity. Expert judges were used to train the neural network classifier by scoring a set of particle outlines. Discrepancies in the expert's scores indicate that considerable uncertainties still exist in the concept of 'angularity'. …

Ritual Management Of Presence And Absennce: The Liturgical Significance Of Silence, David L. Johns

Quaker Religious Thought

No abstract provided.

Resisting The Inevitable: Universal And Particular Salvation In The Thought Of Robert Barclay, Hugh S. Pyper

Quaker Religious Thought

No abstract provided.

A Model For Thermal Growth Of Ultrathin Silicon Dioxide In O2 Ambient: A Rate Equation Approach, Suresh Gorantla, S. Muthuvenkatraman, Rama Venkat

Electrical & Computer Engineering Faculty Research

A new thermal oxidation model based on a rate equation approach with concentration dependent diffusion coefficient is proposed for ultrathin SiO2 for thicknesses of the order of 100 Å. The oxidation reaction of silicon is assumed to be dependent on the concentrations of unreacted silicon and oxygen. The results of oxide thickness versus oxidation time for various growth conditions and activation energies for diffusion coefficients are in agreement with various experimental data for O2 ambient.

Becoming Most Fully Ourselves : Gender, Voice, And Ritual In Dissertations, Marilyn Vogler Urion

Dissertations, Master's Theses and Master's Reports - Open

The writing and defense of the dissertation serve both as demonstration one is able to do the work of a scholar and as a rite of initiation. In contrast to much academic writing, dissertations generally adhere to narrowly conceived notions of academic discourse. I explore this within the context of an academic community in which under-representation remains a serious issue.

This dissertation is about women writing dissertations. I draw from conversations with fifteen women, in or beyond, the process; friends’ anecdotes; published accounts; and, autobiographically, my experience. I suggest the dissertation’s initiatory role is at least as important as its …

The Constructs And Practices Of Job Placement, Michael J. Millington, R. Butterworth, S. Fesko, H. Mccarthy

Special Education and Rehabilitation Counseling Faculty Publications

No abstract provided.

Aicpa Annual Report 1997-98; Future In The Making, American Institute Of Certified Public Accountants

AICPA Annual Reports

No abstract provided.

Annual Report 1997-1998, American Institute Of Certified Public Accountants. Sec Practice Section. Public Oversight Board

AICPA Annual Reports

No abstract provided.

Digest Of State Accountancy Laws And State Board Regulations, 1998, American Institute Of Certified Public Accountants, National Association Of State Boards Of Accountancy

AICPA Annual Reports

No abstract provided.

Fair Use And Privatization In Copyright, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This Article argues for a broad conception of copyright's fair use doctrine. Economic reliance on property rules has led some to argue that fair use should be limited to cases where market failures do not permit licensing transactions. Otherwise, allocation of rights should be left to the market. This article takes the position that differences between real property and intellectual property undercut the application of the tragedy of the commons to the fair use setting. While real property is a limited resource, intellectual property is not. The same parcel of land may not support an unlimited number of grazing sheep. …

Strengthening What Remains, Christine Zuni Cruz

Faculty Scholarship

This paper is intended to encourage discussion and stimulate action and thought as well as to support the ongoing work in tribal courts in this area. We are involved in an ongoing process of developing an indigenous body of law and system of justice. We must pay particular attention to how we are going about the development of our court systems and look closely at what is developing. Incorporating customary law, whether wholly or partially, into our developing legal systems makes them truly unique to our individual tribes and reflective of the concepts we, as Indian people, have of law …

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.

"Cleft Of Light"| The Divided Female Subject In Adrienne Rich's "Twenty-One Love Poems", Sheila Fiona Black

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

American History And Government Textbooks, National Education Standards, And The Making Of The United States Constitution, Ray J. Curtis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Organizational Culture| A Perspective That Yields Dividends, M. Jane Redeau-Ogle

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Health-Related Information Found In Consumer Disability Magazine Advertisements, Rita K. Fjeld

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

I Am The Strongest Woman You Know, Paula Payne

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Law And Language: An Empirically-Based Model For The Opening Moments Of Client Interviews, Gay Gellhorn

Clinical Law Review

This paper presents a model for lawyer-client interaction in the opening moments of an initial encounter. The model is derived from empirical data- videotaped and transcribed law student-client and attorney-client first interviews- which demonstrate that clients reveal critical self-information in their opening words, regardless of when those words occur and regardless of the legal interviewer's role in eliciting them. This information usually is not acknowledged by legal interviewers, with negative consequences. Failure to hear and see affects the legal interviewer's ability to form a relationship with a client, to comprehend the full range of information the client needs to share, …

What If There Is No Client: Prosecutors As Counselors Of Crime Victims, Stacy Caplow

Clinical Law Review

As a teacher in a criminal practice-based clinic, I often feel like an eavesdropper on the discourse among clinicians about lawyering skills and professional values. Both the context of, and the language describing, criminal law practice, are sufficiently different from civil practice to make it difficult to teach many of the lessons and approaches developed in traditional texts used in clinical education, particularly those concerned with client-counseling. The dissonance between the sounds heard in a criminal and civil practice was loud when I was teaching a criminal defense clinic. When I moved on to teach an in-house prosecutor's clinic, the …

Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems?, Jonathan M. Hyman

Clinical Law Review

Can lawyers become mediators? Imagine a meeting between a lawyer and a client, discussing a legal dispute that has brought the client to the lawyer's office. Imagine, too, that the lawyer has dutifully informed the client about the various options that are available for handling the dispute, ranging from one end of the spectrum - adversarial litigation - to the other - mediation. Indeed, some court rules, and even some ethics standards, ask lawyers to inform their clients of the various methods available to resolve the clients' disputes, including mediation. The lawyer is skilled and candid. She accurately and wholeheartedly …

Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin

Clinical Law Review

In 1986, Robert Condlin published an article, now somewhat notorious in clinical circles, entitled "Tastes Great, Less Filling": The Law School Clinic and Political Critique. There he attacked in-house clinical programs for failing to provide a political critique of lawyering. Political critique, he suggested, requires a critical theory, defined as "views on the nature of a fair and just legal system and the role of lawyer practices in operating and improving it." The paramount goal of clinical instruction is such critique, and without it, clinics "will remain relegated to training tasks not considered important enough over the long run by …

Flexible Paradigms And Slim Course Design: Initiating A Professional Approach To Learning Advocacy Skills, Marcus Soanes

Clinical Law Review

Professional training programs in England seek to prepare students for a life-long journey of development in the world of practice. The aim is high, the students have much to learn and the tutors have a lot to teach. Many decisions have to be made about course content and the structure, form and method of the educational program. As part of the planning strategy the course designers have to ask themselves and others fundamental questions about the nature of the legal profession and the role of the lawyer in society. The answers to two such fundamental questions have influenced the way …

Understanding Casablanca: A Values-Based Approach To Legal Negotiations, Roy Stuckey

Clinical Law Review

The central thesis of this Article is that each party's desire to attain personal happiness underlies all decisions in negotiations. While this paradigm does not resolve all of the uncertainties about negotiations, it does provide a simple reference point that can help us understand what the parties to a negotiation want, expect, and are willing to accept. It can also help us develop and employ effective strategies and tactics. The objective of all negotiators is to obtain satisfactory outcomes. As lawyers, we have a professional responsibility to try to maximize our clients' satisfaction with the results of negotiations. This requires …