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1998

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Articles 10141 - 10170 of 13012

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Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Jan 1998

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

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Civil Rule 53: An Enabling Act Challenge (Federal Practice And Procedure Symposiusm Honoring Charles Alan Wright), Edward H. Cooper Jan 1998

Civil Rule 53: An Enabling Act Challenge (Federal Practice And Procedure Symposiusm Honoring Charles Alan Wright), Edward H. Cooper

Articles

The Judicial Conference of the United States is charged by statute to "carry on a continuous study of the operation and effect of the general rules of practice and procedure," recommending desirable changes to the Supreme Court.' The Rules Enabling Act,2 which describes the Supreme Court's role, further provides that the Judicial Conference is to be assisted in this task by a "standing committee on rules of practice, procedure, and evidence" ;3 the standing committee in turn reviews "each recommendation of any other committees" appointed to advise it.4

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Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog Jan 1998

Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog

Articles

I was sitting, ruefully contemplating the dilemmas of being a commentator, wondering whether I had the effrontery to rise and offer a dreadful confession: the first time I encountered the countermajoritarian difficulty, I didn't bite. I didn't say, "Wow, that's a giant problem." I didn't immediately start casting about for ingenious ways to solve or dissolve it. I just shrugged. Now I don't think that's because my commitments to either democracy or constitutionalism are somehow faulty or suspect. Nor do I think it's that they obviously cohere. It's rather that the framing, "look, these nine unelected characters can strike down …

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Logic And Elements. (Premises And Conclusions: Symbolic Logic For Legal Analysis)." , Richard D. Friedman Jan 1998

Logic And Elements. (Premises And Conclusions: Symbolic Logic For Legal Analysis)." , Richard D. Friedman

Articles

We may happily agree with Holmes that logic is not the life of the law' and yet contend that logic should play a significant role in legal discourse. Logic cannot demonstrate the truth of premises, and so by itself it cannot demonstrate the merits of a legal argument. Moreover, even given the premises, it may be that a leap of faith, or intuition, has an irreducible role at least in some good legal arguments.2 But at least a sound legal argument will not be an illogical one. An argument will not be persuasive if it appears to violate basic principles …

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Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert Jan 1998

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert

Articles

This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.

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Beyond Buttons: Explorations In Creative Storytelling, Dominic Amatore Jan 1998

Beyond Buttons: Explorations In Creative Storytelling, Dominic Amatore

Theses

None provided.

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Is There A Growing International Arbitration Culture?, Whitmore Gray Jan 1998

Is There A Growing International Arbitration Culture?, Whitmore Gray

Book Chapters

The topic given to Prof. Taniguchi and myself for this opening session is a question, "Is there a growing international arbitration culture?" This seems to call for a survey of attitudes and practices peculiar to international arbitration in order to answer the question. The more extended comment of the organizers assumes, as most of us would, however, that such a culture exists, and assigns to us the task of considering what laws and rules are now being developed to implement this "international culture". We also noted that the organizers expressed their conviction that this Conference must have practical and cultural …

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Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White Jan 1998

Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White

Articles

In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …

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Letting Go: Expanding The Transpersonal Dimension In Hospice Care And Education, Margaret Coberly, S. I. Shapiro Jan 1998

Letting Go: Expanding The Transpersonal Dimension In Hospice Care And Education, Margaret Coberly, S. I. Shapiro

International Journal of Transpersonal Studies

No abstract provided.

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Teaching By The River, Don Diespecker Jan 1998

Teaching By The River, Don Diespecker

International Journal of Transpersonal Studies

No abstract provided.

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Sound, Color, And Self-Organization, Herbert Guenther Jan 1998

Sound, Color, And Self-Organization, Herbert Guenther

International Journal of Transpersonal Studies

No abstract provided.

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Me And A Giant Kinesthetic Bee: An Attempt At An Autobiographical And Metaphoric Study Of A Totalitarian Psyche, T. R. Soidla Jan 1998

Me And A Giant Kinesthetic Bee: An Attempt At An Autobiographical And Metaphoric Study Of A Totalitarian Psyche, T. R. Soidla

International Journal of Transpersonal Studies

No abstract provided.

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Isolation And Characterization Of A Genomic Clone For A Nitrate Reductasae Isoform From Soybean, Glycine Max, Brent Chyna Jan 1998

Isolation And Characterization Of A Genomic Clone For A Nitrate Reductasae Isoform From Soybean, Glycine Max, Brent Chyna

Master's Theses

No abstract provided.

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The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White Jan 1998

The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White

Articles

In 1996, Professor Elizabeth Warren made a proposal to the American Law Institute and the Drafting Committee for Article 9 for a “20 percent set aside” for unsecured claimants. As I understand it, her proposal would amend Section 9-301 of Article 9 (the section that now implicitly subordinates a lien creditor to a prior perfected secured creditor).

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Prediction Of Maximum Oxygen Uptake From A Modified Ymca 3-Minute Step Test, Antonio Saraiva Santo Jan 1998

Prediction Of Maximum Oxygen Uptake From A Modified Ymca 3-Minute Step Test, Antonio Saraiva Santo

UNLV Retrospective Theses & Dissertations

The relationship between post exercise recovery heart rate (PERHR) and maximum oxygen uptake using a height specific bench with a modified Young Men's Christian Association (YMCA) 3-Minute Step Test was investigated. Sixty apparently healthy males and females between the ages of 18 and 55 years stepped on a height specific bench for 3 minutes in order to obtain their 1-minute and 15-second post exercise recovery heart rates. An EKG monitored post exercise recovery heart rates. Maximum oxygen uptake was measured by open circuit spirometry on a motor-driven treadmill. Correlation and regression statistics were used to analyze the data. Results indicate …

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A Blueprint For Improved Global Change Monitoring Of The Terrestrial Biosphere, Steven W. Running Jan 1998

A Blueprint For Improved Global Change Monitoring Of The Terrestrial Biosphere, Steven W. Running

Numerical Terradynamic Simulation Group Publications

The Kyoto Earth Summit recently ended, amid substantial disagreement over current and future global change, and their significance to humankind. The core of the problem is that many global leaders are unconvinced that significant global change is now occurring. Further, there is insufficient confidence in the accuracy of global-scale computer models that project future changes to initiate the political and economic re-directions that would be required to alleviate the problem. As was first said years ago, we are conducting the first global-scale biogeochemistry experiment, the outcome of which is not known, and which could severely impact the habitability of the …

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The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter Jan 1998

The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter

Scholarship and Professional Work - Business

Focuses on a study on the effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases. Historical background on comparative fault in the United States; Origin of blindfolding; Comparison of blindfold modified comparative fault verdicts with sunshine verdicts; Conclusions.

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Where All The Children Are Above Average: A Meta Analysis Of The Performance Appraisal Purpose Affect, J. Jawahar, Chuck R. Williams Jan 1998

Where All The Children Are Above Average: A Meta Analysis Of The Performance Appraisal Purpose Affect, J. Jawahar, Chuck R. Williams

Scholarship and Professional Work - Business

More than 40 years ago, Taylor and Wherry (1951) hypothesized that performance appraisal ratings obtained for administrative purposes, such as pay raises or promotions, would be more lenient than ratings obtained for research, feedback, or employee development purposes. However, research on appraisal purpose has yielded inconsistent results, with roughly half of such studies supporting this hypothesis and the other half refuting it. To account for those differences, a meta-analysis of performance appraisal purpose research was conducted with 22 studies and a total sample size of 57,775. Our results support Taylor and Wherry's hypothesis as performance evaluations obtained for administrative purposes …

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Correcting Turnover Correlations: A Critique, Chuck R. Williams, L. H. Peters Jan 1998

Correcting Turnover Correlations: A Critique, Chuck R. Williams, L. H. Peters

Scholarship and Professional Work - Business

In this article, the authors argue that turnover correlations do not need to be corrected. First, they maintain that correction formulas cannot correct for poor construct validity. Second, they discuss the original purposes of turnover correction formulas. Third, the authors describe the logical fallacies of correcting turnover correlations. Finally, they show why turnover correlations are not, as is widely believed, statistically limited to a maximum of .80.

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Scale Model Experiments On The Insertion Loss Of Wide And Double Barriers / By Glenn Joseph Wadsworth, Glenn Joseph Wadsworth Jan 1998

Scale Model Experiments On The Insertion Loss Of Wide And Double Barriers / By Glenn Joseph Wadsworth, Glenn Joseph Wadsworth

Electronic Theses and Dissertations

No abstract provided.

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A Longitudinal Study Of Engineering Student Performance And Retention. V. Comparisons With Traditionally-Taught Students, Richard M. Felder, Gary Felder, E. Jacquelin Dietz Jan 1998

A Longitudinal Study Of Engineering Student Performance And Retention. V. Comparisons With Traditionally-Taught Students, Richard M. Felder, Gary Felder, E. Jacquelin Dietz

Physics: Faculty Publications

In a longitudinal study at North Carolina State University, a cohort of students took five chemical engineering courses taught by the same instructor in five consecutive semesters. The courses made extensive use of active and cooperative learning and a variety of other techniques designed to address a broad spectrum of learning styles. Previous reports on the study summarized the instructional methods used in the experimental course sequence, described the performance of the cohort in the introductory chemical engineering course, and examined performance and attitude differences between students from rural and urban backgrounds and between male and female students.1–4 This paper …

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Stability And Weight Smoothing In Cmac Neural Networks, David Paul Campagna Jan 1998

Stability And Weight Smoothing In Cmac Neural Networks, David Paul Campagna

Doctoral Dissertations

Although the CMAC (Cerebellar Model Articulation Controller) neural network has been successfully used in control systems for many years, its property of local generalization, the availability of trained information for network responses at adjacent untrained locations, although responsible for the networks rapid learning and efficient implementation, results in network responses that is, when trained with sparse or widely spaced training data, spiky in nature even when the underlying function being learned is quite smooth. Since the derivative of such a network response can vary widely, the CMAC's usefulness for solving optimization problems as well as for certain other control system …

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Standards Of Review In Texas., W. Wendell Hall Jan 1998

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

This Article presents a substantial and comprehensive update of the standards of review applied by Texas appellate courts. It focuses on appellate standards for reviewing trial court rulings on pretrial, trial, and posttrial proceedings. Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Sometimes a trial court’s errors are so egregious and harmful that reversing the trial court is relatively simple. When the trial court’s error is only marginal …

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The Constitutional Regulation Of Capital Punishment Since Furman V. Georgia Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Carol S. Steiker, Jordan M. Steiker Jan 1998

The Constitutional Regulation Of Capital Punishment Since Furman V. Georgia Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Carol S. Steiker, Jordan M. Steiker

St. Mary's Law Journal

Abstract Forthcoming.

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Distributed Model Approximation Of The Combustion Process In The Hybrid Rocket Engine, Jason Clifton Osborn Jan 1998

Distributed Model Approximation Of The Combustion Process In The Hybrid Rocket Engine, Jason Clifton Osborn

Electronic Theses and Dissertations

No abstract provided.

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The Acute Effects Of A Single Bout Of Resistance Training On Postural Control In The Elderly, Justin Brian Moore Jan 1998

The Acute Effects Of A Single Bout Of Resistance Training On Postural Control In The Elderly, Justin Brian Moore

Electronic Theses and Dissertations

No abstract provided.

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All Is Fair In Art And War : An Historical Overview Of The Theft Of Artworks In War Specifically By The German And Soviet Armies During World War Ii/ By Karleen Rainey Vincent, Karleen Rainey Vincent Jan 1998

All Is Fair In Art And War : An Historical Overview Of The Theft Of Artworks In War Specifically By The German And Soviet Armies During World War Ii/ By Karleen Rainey Vincent, Karleen Rainey Vincent

Electronic Theses and Dissertations

No abstract provided.

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Choosing Norms To Promote Compliance And Effectiveness: The Case For International Environmental Benchmark Standards, Richard Parker Jan 1998

Choosing Norms To Promote Compliance And Effectiveness: The Case For International Environmental Benchmark Standards, Richard Parker

Faculty Articles and Papers

As the number of international environmental agreements (IEAs) continues to mount' so too does the continuing destruction of the environment by mankind. Notwithstanding the Convention on International Trade in Endangered Species (CITES), endangered mammals continue to be taken and traded at alarming rates. Notwithstanding the Biodiversity Convention, the global heritage of biodiversity continues to be reduced at the estimated rate of 50,000 species per year and the impact of the Biodiversity Convention on that trend has, so far, not been detectable. Notwithstanding the enumeration of countless fisheries conservation agreements, many of the fish stocks of the world are reported on …

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Effects Of The Burrowing Brittlestar, Microphiopholis Gracillima (Echinodermata: Ophiuroidea), On The Flux Of Lithium, An Inert Tracer, Across The Sediment-Water Interface, Timothy H. Shepherd, Stephen E. Stancyk, Timothy J. Shaw Jan 1998

Effects Of The Burrowing Brittlestar, Microphiopholis Gracillima (Echinodermata: Ophiuroidea), On The Flux Of Lithium, An Inert Tracer, Across The Sediment-Water Interface, Timothy H. Shepherd, Stephen E. Stancyk, Timothy J. Shaw

Gulf and Caribbean Research

Burrowing and ventilation activities of infaunal organisms have been shown to affect geochemical processes in sediments and at the sediment-water interface. Although burrowing brittlestars are dominant in many benthic environments, their role in these processes is poorly known. We tested the effect of the amphiurid brittlestar, Microphiopholis gracillima, on the flux of lithium ion from the sediment to the overlying water by using sediment cores with false bottoms for continuous flow of a Li+1-seawater solution. Brittlestars at densities of 300 and 600 individuals m-2 caused a twofold increase in the rate that Li was transported through …

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Identification Of Speeded And Slowed Familiar Melodies By Younger, Middle-Aged, And Older Musicians And Nonmusicians, Melinda W. Andrews, W. Jay Dowling, James C. Bartlett, Andrea R. Halpern Jan 1998

Identification Of Speeded And Slowed Familiar Melodies By Younger, Middle-Aged, And Older Musicians And Nonmusicians, Melinda W. Andrews, W. Jay Dowling, James C. Bartlett, Andrea R. Halpern

Faculty Journal Articles

There is a range of tempos within which listeners can identify familiar tunes (around 0.8 to 6.0 notes/s). Faster and slower tunes are difficult to identify. The authors assessed fast and slow melody-identification thresholds for 80 listeners ages 17–79 years with expertise varying from musically untrained to professional. On fast-to-slow (FS) trials the tune started at a very fast tempo and slowed until the listener identified it. Slow-to-fast (SF) trials started slow and accelerated. Tunes either retained their natural rhythms or were stylized isochronous versions. Increased expertise led to better performance for both FS and SF thresholds (r = .45). …

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