Digital Commons Network^™

Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert

Reviews

Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …

The Effect Of Nitrogen Source On Photoinhibition In Marine Phytoplankton, Karen E. Culver-Rymsza

Open Access Dissertations

No abstract provided.

The Relationship Of Glucose Testing Attitudes And Behavior To The Stages Of Change: Application Of The Transtheoretical Model To Diabetes, Janet Marie Dryfoos

Open Access Dissertations

No abstract provided.

Commercial Underground Radio And The Sixties: An Oral History And Narrative, Michael Curtis Keith

Open Access Dissertations

No abstract provided.

Free Radicals, Hair Melanin, And Human Hair. Terephthalate Anion: A Probe For Hydroxyl Radicals, Xinhua Qu

Open Access Dissertations

No abstract provided.

Economic Analysis Of Flounder Aquaculture, David Andrew Zucker

Open Access Dissertations

No abstract provided.

Dynamic Interfacial Fracture: Experimental Observations And Criteria, Mahesh Kavaturu

Open Access Dissertations

No abstract provided.

Eds: The Experimental Design Simulator, David Philip Cunningham

Open Access Dissertations

No abstract provided.

Performance Analysis Of Subspace Methods In State-Space System Identification, Thomas W. Flint

Open Access Dissertations

No abstract provided.

"A Certain Something": Reclaiming Grace Sartwell Mason, Diane Wellins Moul

Open Access Dissertations

No abstract provided.

Factors Affecting The Vulnerability Of Acartia Spp. Copepods To Predation By Scyphomedusae, Cynthia Lee Suchman

Open Access Dissertations

No abstract provided.

Characterization Of Gelling Phenomenon Of A Lipid Based Formulation, Inayet Dumanli

Open Access Master's Theses

In this study, gelling which occurred during the processing of a peptide drug formulation was investigated. The formulation was prepared by dissolving the drug in a lipid vehicle, composed of mono-, di- and triglycerides of Caprylic (C₈) and Capric (C₁₀) Acids (MCM). Gelling was observed during high shear mixing of the formulation. Therefore, to evaluate the gelled material, a solution of the drug in MCM was sheared at 3000 rpm until it turned into an opaque gel. The rheology, thermodynamic properties, chemical structure, polymorphism, particle size, moisture content and stability of the vehicle and pre- and …

Logiccity: On-Line Digital Logic Simulator, Jihad Z. Almahayni

Open Access Master's Theses

A primary challenge for science educators is to develop ways to help students understand new ideas that cannot be directly observed. The application of computer simulations is one method instructors may use to address the problem of teaching for conceptual understanding. The use of computer simulations for science teaching is increasing steadily because simulations provide students with the opportunity to witness or "perform" experiments that might otherwise be too expensive, too time consuming, or too dangerous for them to do in the lab. Simulation, in general, is a very effective way for both a student and a professional to visualize …

A Cluster Analytic Test Of The Transtheoretical Model Applied To Exercise Behavior, Gregory J. Norman

Open Access Dissertations

An empirical typology was created to test the application of the Transtheoretical Model (TIM) to exercise behavior. It was reasoned that if a meaningful typology of exercise could be created that depicted construct relationships posited by the TIM, then this would be supportive evidence for the application of the model to understanding behavior change related to exercise. A sample of 342 adults between the ages of 18 and 75 completed a survey through a random telephone interview. The sample was 62% female, 95% white, and an average age of 43 years. The sample was randomly split into two subsamples to …

The Finescale Distribution, Origin, And Photobleaching Of The Spectral Absorption Of Dissolved Organic Matter In Coastal Waters, Michael Stewart Twardowski

Open Access Dissertations

Accurate, finescale absorption profiles of colored dissolved organic matter (CDOM) were measured in coastal waters. CDOM has also been called Gelbstoff, gilvin, yellow substances, hurnic substances, and "unknown chromophores". The processes responsible for the observed temporal and spatial variability were investigated. The sources of CDOM were diluted inputs from the terrestrial biosphere and in situ biological processes. The primary sink was photodegradation.

The finescale distribution of inherent optical properties was measured with a WET Labs ac-9. The ac-9 is an innovative in situ absorption and attenuation meter with a precision about ± 0.001 m-1 in the raw signal. A pressurized …

Radium-226 As A Tracker Of Ground Water Input To The Coastal Waters Of Southern Rhode Island, Margaret K. Scott

Open Access Master's Theses

Submarine ground water discharge (SGWD) represents a significant, yet diffuse and largely neglected source of fresh water and dissolved constituents to the coastal environment. Quantification of this term therefore proves important with respect to coastal hydrological and geochemical mass balances. In order to better constrain SGWD to southern Rhode Island's coastal waters, the naturally-occurring radionuclide ²²⁶Ra was used as a tracer of ground water input.

Activities of ²²⁶Ra were determined in river water, salt ponds, coastal ocean and ground water in southern Rhode Island during the summer of 1997 (June-August). Coastal lagoons and shelf waters were analyzed to …

Observations Of Nonlinear Wave Spectra In Open Ocean And Shallow Coastal Waters, Andrey V. Karachintsev

Open Access Master's Theses

The experimental data from the Risø Air-Sea Experiment (RASEX) and the Marine Boundary Layers (MBL) experiment are used to investigate the nonlinear coupling effects among different frequency components in surface wave field under both fetch-limited finite depth conditions and open ocean conditions. The wavenumber-frequency spectra are calculated using the Maximum Likelihood Method (MLM). The reliability of the MLM is tested using computer-simulated wave fields. The frequency power spectra from the shallow water RASEX experiment reveal that the slopes of the equilibrium range are close to the f^-4 dependence. On the other hand, the equilibrium range spectra from the open-ocean …

Reimbursing Insurers’ Defense Costs: Restitution And Mixed Actions, Douglas R. Richmond

San Diego Law Review

The pejorative “Indian giver” describes a person who, having given a gift to another, takes it back or demands its return. This childhood insult arguably has surfaced in the law of liability insurance. A liability insurer that provides its insured with a defense to a lawsuit, but that later seeks to recover from the insured the costs associated with the defense of uncovered claims, might be described by the insured or by an insensitive court as an Indian giver. Having promised to defend its insured even against suits that are “groundless, false or fraudulent," an insurer that later seeks the …

California’S Confusing Collateral Estoppel (Issue Preclusion) Doctrine, Walter W. Heiser

San Diego Law Review

This Article discusses two related problems regarding the scope of the collateral estoppel doctrine applied by the California courts. Both problems concern the determination of whether issues were “actually litigated and determined” by a prior judgment. Both implicate the tension between the desire to achieve judicial economy on the one hand, and the right of a party to a fair opportunity for a full adversary hearing on an issue on the other. The next section of Part I examines the policies underlying the preclusion doctrines, and explains how clear issue preclusion rules applied in an underinclusive manner further these policies. …

Pretrial Detention In The Ninth Circuit, Thomas Bak

San Diego Law Review

In 1992, the Judicial Conference of the United States ("JCUS") adopted a resolution encouraging the examination of bias based on race, ethnicity, gender, age and disability in the federal judiciary. The Ninth Circuit responded to the JCUS resolution with a study of gender bias, completed in 1993.2 Subsequently, the Ninth Circuit Judicial Conference authorized a second study, establishing the Task Force on Racial, Religious, and Ethnic Fairness in 1993.' This study of pretrial detention in the Ninth Circuit was undertaken as part of the research commissioned by the Task Force.

Reciprocal Leadership, A Practical Approach To Leadership, Wendy Pierce

Honors Theses

Forward-looking leadership carries much more responsibility than in the past. Many organizations today are under fire to change with the times-and why not? We cannot afford to live within the fabulous fifties mindset that thrived under fantastical structures of bosses, middlemen, and elaborate pecking orders. The New York minute has quickly become the pacesetter for many of our industry leaders. Everything happens in a millisecond: email. faxes, and virtual offices have become the norm for American and international business endeavors. Today's competitive environment demands intense improvement in productivity, quality, and response time. In order to keep pace with instant gratification …

Enabling Hitler : An Able Body For A Dangerous Mind, Parker O. Roe

Honors Theses

There is no doubt today in the minds of the world's population that Adolf Hitler, the leader, the Fuhrer of Nazi Germany was responsible for horrendous acts and possessed of insane intentions. However, what was is that enabled him to see his goals through to the extent that he was able? In truth, there exist hundreds of insane and sadistic people in today's world, however a "Fourth Reich" has not yet emerged. In other words, how was it that Adolf Hitler was able to be the demigod of a country and movement which branded the continent of Europe for all …

The Wei-Ji Theory Of Crisis Leadership And The Case Of The Flu Hunters, Patrick A. Oliver

Honors Theses

There is considerable research and literature on crisis management, especially as it applies to formal organizations dealing with crisis. This literature focuses mainly on the for-profit sector of organizations; attempting to provide useful frameworks to facilitate understanding of how to react at different points in different crisis situations. The great majority of this literature can be divided into two sections: (1) preparation for and (2) reactions to different crisis situations. The dynamic which is missing from the crisis management literature is leadership. Crisis management literature takes an active view towards the preparation for crisis and identification process of a crisis,but …

Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak

Journal of Law and Health

Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …

Human Cesspools By Design?: The Inherent Contradiction In Public Housing, Melissa Calivis Green

Honors Papers

Many architects and planners neglect the complex relationship between spatial organization and the needs of a particular group. Following notions of Modernism as prescribed by architects such as Le Corbusier and Gropius, they believe instead in architectural determinism or the idea that architecture should dictate the social relationships of the residents through the design itself This paper will attempt to demonstrate that the "effective environment" or the totality of variables influencing behavior, such as crime and self perception, includes both the physical design and the social factors. The design and the social factors can not be separated from one another. …

Undergraduate Catalog - The School Year 1996-1998, Prairie View A&M University

Undergraduate Catalog

No abstract provided.

The Value Of Attending College, Especially Uta, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Natsihi Yearbook 1998, Whitworth University

Natsihi Yearbook

No abstract provided.

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.