Digital Commons Network^™

Florida's Hormonal Control Statute: Arguments For Constitutionality Under Florida's Right Of Privacy, Mary E. Clarke

Nova Law Review

No abstract provided.

Drug Trafficking Sentencing In Florida: Can Seven Pills Turn A Defendant Into A First-Degree Felon, Heather A. Perry

Nova Law Review

No abstract provided.

Trial Counsel's Acts Today Could Affect A Client's Appeal Tomorrow: Massachusetts And New Hampshire Take Differing Positions On Appellate Review Of Unpreserved Issues, Windy Rosebush

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

City-Reaching: The Dominant Church Paradigm Of The Next Decade, Jack Dennison

Journal of the American Society for Church Growth

This article “CityReaching: The Dominant Church Paradigm of the Next Decade” clearly presents the crucial need to reach cites for Christ in the 21st Century.

Examining The Association Between Personal And Cultural Values And Cross-National Customer Satisfaction, Adel A. Al-Weqaiyan

Open Access Dissertations

Although most marketing scholars agree that customer satisfaction is a critical determinant of post purchase attitude and product choice, research has remained largely confined to the US and few Western European countries. Given the increasing size of markets in developing countries, and that customer satisfaction is at the heart of all marketing activities, international marketers should have a deeper understanding of the determinants of satisfaction responses of the international customer.

A review of present satisfaction literature reveals the domination of the expectation-disconfirmation paradigm. Proponents of this paradigm suggest that satisfaction following a product experience depends on the magnitude and direction …

Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang

Faculty Articles

Professor Chang observes that Asians are often perceived as interlopers in the nativistic American "family." This conception of a nativist "family" is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived to be "illegitimate," such as Asians and Blacks, are policed either by rule of law or the force of sanctioned vigilante violence. Chang illustrates his thesis by drawing upon the three films referenced.

Acer 1997-1998, 68th Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

Contents: Valuing Educational Research, Research highlights, Benchmarking against the world, Social development, Indigenous education, Cambodia exams, Selecting tomorrow's doctors, Assessing reasoning skills, Celebrating language learning, Monitoring standards in education, Education index online

Kinetics Of The Aggregation Of Poly(N-Phenylisocyanide), Optical Detection Of Strain Using Polymer Sensors, And Photochemistry Of Azobenzene Analogues, Jingxian Sun

Open Access Dissertations

No abstract provided.

Correlates Of Early Reading Performance In A Transparent Orthography, Kurt Johann Muller

Open Access Dissertations

No abstract provided.

Thorium-234 As A Tracer Of The Oceanic Export Of Particulate Organic Carbon, Matthew Adam Charette

Open Access Dissertations

No abstract provided.

Management, Adaptation And Large-Scale Environmental Change, Lawrence C. Hamilton, Cynthia M. Duncan, Nicholas E. Flanders

Faculty Publications

No abstract provided.

Lawyer Discrimination Against Clients: Outright Rejection--No; Limitations On Issues And Arguments-Yes, Sam Stonefield

Faculty Scholarship

The issue of lawyer discrimination brings new perspectives to traditional topics like the practice of law, the role of the lawyer and the relationship with, and rights of, the client. It forces us to examine the nature of lawyer discretion, the limits of that discretion and the consequences of trying to regulate that discretion. The examinationis a daunting task. This essay offers an approach that attempts to protect both the prohibition against discrimination and the practice of law and to accommodate the tension that necessarily accompanies this effort. It suggests that the best solution is to prohibit lawyers from discriminating …

A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson

St. Mary's Law Journal

Abstract Forthcoming.

Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney

St. Mary's Law Journal

A comparison of April Marketing & Distributing Corp. v. Diamond Shamrock Refining & Marketing Co. (“April Marketing”), which pended in federal court, and Barshop v. Medina County Underground Water Conservation District (“Barshop”), which pended in state court, illustrates the value of permissive appeal. Both cases had many early procedural similarities. Yet, the cases differ because the federal court allowed for a permissive appeal; the state court did not. The two cases later diverged procedurally, when the federal case was able to appeal the trial court’s interlocutory order denying motion for summary judgment. Lacking this option, the state case was forced …

Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard

St. Mary's Law Journal

This Comment evaluates tax classification of computer software in Texas under recent statutory provisions and case law. The author focuses on whether computer software constitutes tangible or intangible property and whether computer software should be taxable or not. Determining property classification is not easy—the term “computer software” is difficult to define, and the multitude of different types of computer software further obscures the formation of a uniform definition. The Texas legislature’s ability to tax both tangible and intangible property makes classifying computer software as either type unnecessary. Texas can resolve the conflict in its tax classification system, wherein computer software …

Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber

St. Mary's Law Journal

Although originally federal courts were sources of new rights available to those accused of capital crimes, federal courts have become extremely difficult to access. One reason for this is the United States Supreme Court showing a marked lack of interest in developing new constitutional doctrine helpful to the accused. Another reason for the diminished role is that access to federal courts is so difficult. Frequently, access is difficult because the issues lawyers want federal courts to address have never been adequately presented in state courts. Yet, federal venues remain essential to capital punishment litigation. It is considerably easier to define …

Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian

St. Mary's Law Journal

The concept of “victims’ rights” refers to the movement from the 1950s which focuses on enhancing the role of the victim in the criminal process. The movement changed dramatically the manner in which capital cases are investigated and prosecuted. Prosecutors may work with the victims’ families on whether to accept a plea bargain or whether to seek the death penalty. The victims’ families may now also provide victim impact statements to let their own suffering influence the jury during the sentencing phase. The right of the victim’s family to have a say in the process does not end with the …

Disinheritance And The American Child: An Alternative From British Columbia, Ronald Chester

Utah Law Review

Whether children left unsupported after the parent's death result from artificial or natural reproduction, Americans need to take a hard look at laws and policies that support parental irresponsibility. Having children is serious business. The American legal system should make sure that children receive support from their parents, and that this support extends beyond the grave. The British Columbia system of family maintenance is the sanest approach to this problem, both for children and for surviving spouses. Furthermore, the British Columbia approach still maintains a large degree of testamentary freedom, albeit not of the sort that can be exercised in …

Toward A Contractarian Account Of Family Governance, Marsha Garrison

Utah Law Review

Families have governments; family governments are characterized by a significant level of state involvement; state prescriptions for family governance are embodied in family law, which lays out a kind of "constitution" describing the powers of family authorities and a "Bill of Rights" for family members. An awareness of this underlying governance scheme is useful because it can illuminate linkages between seemingly disparate areas of law; it can also provide a basis for evaluating specific legislative enactments and judicial pronouncements. But given the rapidity with which family law has moved toward an egalitarian, democratic model of family governance, the model embedded …

Survival Of The Fittest? Waiting Out The Death Of The Plaintiff In Ada Claims: Allred V. Solaray, Inc., Karen M. Doore

Utah Law Review

Survival of federal civil rights claims is a crucial question for practitioners, particularly when representing plaintiffs of an advanced age or with life-threatening illnesses such as AIDS. If the claims do not survive, defendants may be encouraged to manipulate the system and drag out litigation until the inevitable happens-the plaintiffs succumb to old age or their illnesses. For the elderly, sick, and dying, abatement of claims has the unfortunate effect of not ensuring that private and public actors have any deterrent to breaking the civil rights laws-the very laws enacted to protect the rights of the elderly and disabled. Either …

In Re Grand Jury Subpoena Duces Tecum: Destruction Of The Attorney- Client Privilege In The Governmental Realm?, Katherine L. Kendall

Utah Law Review

In the Clinton Case, the Eighth Circuit holds that a federal government entity, the White House, cannot assert the attorney-client privilege to avoid complying with a federal grand jury subpoena. This holding is troubling for three reasons. First, it is based on a narrow search for controlling case law that is misguided. Second, it disregards the common law and several cases holding that the attorneyclient privilege can be asserted to protect conversations between government attorneys and government officials. Finally, the broad interpretation of this holding, which suggests that the attorney-client privilege will not protect any communications between government attorneys and …

Throwing Out The Baby With The Bathwater Utah's Serious Youth Offender Statute, Paul R. Rudof

Utah Law Review

In 1995, the Utah Legislature adopted the Serious Youth Offender statute ("SYOS"), a new statutory scheme for transferring jurisdiction over juvenile delinquency cases to district court. This legislative effort to identify the most serious juvenile offenders and subject these youth to the severe specter of adult criminal sanctions ultimately aimed to improve public safety in Utah. Two years later, the Utah Court of Appeals, in State ex reL AB., upheld the SYOS in the face of five separate state and federal constitutional challenges. In both passing and upholding the SYOS, the legislature and the judiciary failed to recognize that legislative …

Lone Star Liberal Musings On 'Eye For Eye" And The Death Penalty, Irene Merker Rosenberg, Lee A. Wright

Utah Law Review

Texas is number one. Since 1976, the year in which the United States Supreme Court upheld the constitutionality of the state's death penalty scheme, Texas has executed 167 persons, as compared to distant secondplace Virginia and third-place Florida, with a mere 61 and 43 persons, respectively, during the same period. Indeed, Texas's enthusiasm for the death penalty was highlighted by the recent case of Karla Faye Tucker, the first woman to be executed in the state since the Civil War-an execution that took place despite pleas of clemency from a wide spectrum of notables, including the Pope, the European Parliament, …

Utah's Comparative Apportionment: What Happened To The Comparison?, Lee A. Wright

Utah Law Review

The question of which damages distribution scheme to adopt amounts to a choice between the goals of fully compensating the plaintiff and proportionally assessing damages to the defendant. To remain consistent with Utah's abolition of joint and several liability, this Comment advocates adoption of a damage apportionment approach based on proportional damages to the defendant, namely the modified blanket comparative fault approach. This approach will accomplish four things. First, it will end the confusion and unfairness that currently exist as a result of the decision in Field v. Boyer Co. Second, it will ensure that negligent defendants only pay for …

Against Campaign Finance Reform, Kathleen M. Sullivan

Utah Law Review

Buckley v. Valeo, the two-decades-old decision that gave limited First Amendment protection to the outlay of political money, has become the great white whale of constitutional law: the more elusive its demise becomes, the greater the intellectual exertion expended in its pursuit To recap the highlights of Buckley very briefly: Two decades ago in the wake of the Watergate scandal, Congress sought to impose a comprehensive scheme of limitations on the amounts of money that could be given and spent in political campaigns. The Supreme Court found in Buckley that Congress had gotten things half right, and upheld the contribution …

What Do Young Children Know About Numerosity? : Implications For Teachers, Keely J. Beam

Graduate Research Papers

"Numerosity" is the ability to count a set of objects using the correct number names in the proper order. Fuson and Hall (1983) assert that the use of cardinal words is one measure of the development of number knowledge. Using words in a cardinal context indicates that children are beginning to understand the "manyiness" of objects. The use of cardinal words is one of the best indicators that a child is beginning to understand counting and the underlying principles involved.

Numerosity is a concept which children often, but not always, demonstrate with overt behaviors. Understanding cardinality and numerical order, develops …

Success At Last : One Teacher's Growth In Understanding Of Writer's Workshop, Cindy L. Davis

Graduate Research Papers

Writer's workshop is an approach to teaching writing that corresponds to the whole language philosophy. Much of the literature published on the topic of whole language, and specifically writer's workshop, describes the ideal classroom environment. However, "whole language in the intermediate classroom is often given less attention in professional books and journals than the primary classroom receives" (Gannon-Smith, 1991). As a reading and language arts teacher of sixth grade students, I have been interested in teaching writing through the use of writer's workshop. There are some general whole language themes which can be used to build a motivating writing environment …

Promotion Of Student Learning By Small, Rural School Districts As They Design And Integrate Technology Plans, Randall A. Bohman

Graduate Research Papers

How will small, rural school districts promote student learning by the design and integration of technology plans? In addition, other elements that affect the successful implementation of technology include time, money, and attitude. Realistic goals should be established based on these elements. Research included in this paper focuses on concepts and applications that could be implemented in a school with limited financial resources.

If technology is to have an impact on student learning, it must be used in ways that reflect a new understanding of learning. Technology not only may assist traditional instruction, but it may also aid in the …

Computer-Based Training And Its Impact On Training And Education, Carla Gahwiler

Graduate Research Papers

Computer-based training is an area of training that is growing at a rapid pace. Although it is becoming more and more popular, we must determine the actual impact it has on training in order to assess its usefulness and relevance. This study was developed by researching and compiling available data on the subject of computer based training, and then forming an assessment of this type of training based on that information. It was found that computer based training offers many positive features as well as advantages and appropriate applications, but it does have its limitations, and is not the answer …

Self-Monitoring With Preschoolers, Nicole Fay Kimball

Graduate Research Papers

This research paper is a review of the literature on self-monitoring as an intervention for the preschool population. Self-monitoring is defined, and its elements are described. The theoretical background of self-monitoring is provided. The development of preschoolers is discussed in the context of self-monitoring, and behaviors that may be appropriately self-monitored by preschoolers are considered. Studies of self-monitoring with these children are reviewed. Issues needing further study are presented, and recommendations concerning the need for additional research are made.