Digital Commons Network^™

An Essay On Takings, Matthew Clifford, Thomas Huff

Montana Law Review

An Essay on Takings

Hadamard Difference Sets In Nonabelian 2-Groups With High Exponent, James A. Davis, Joel E. Iiams

Department of Math & Statistics Faculty Publications

Nontrivial difference sets in groups of order a power of 2 are part of the family of difference sets called Hadamard difference sets. In the abelian case, a group of order 2^{2t + 2} has a difference set if and only if the exponent of the group is less than or equal to 2^{t + 2}. In a previous work (R. A. Liebler and K. W. Smith, in “Coding Theory, Design Theory, Group Theory: Proc. of the Marshall Hall Conf.,” Wiley, New York, 1992), the authors constructed a difference set in a nonabelian group of order …

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

Faculty Scholarship

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

Implied Wavier After Seminole Tribe, Kit Kinports

Faculty Scholarship

Part I of this Article briefly traces the history of the Supreme Court's Eleventh Amendment jurisprudence, focusing in particular on the opinions developing the doctrines of implied waiver and abrogation. Part II makes the case that the doctrine of implied waiver retains validity after Seminole Tribe, at least with respect to federal statutes passed pursuant to the Spending Clause that condition the receipt of federal funds on the states' waiver of the Eleventh Amendment and statutes passed under Congress's other Article I powers that regulate an activity voluntarily undertaken by the states. Finally, Part III considers other potential constitutional …

Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau

Faculty Scholarship

One of the many consequences of the progressive development of globalization apparently has been to incite a vigorous debate among leading members of the international arbitral community about the role of national law in implementing the enforcement regime of the New York Arbitration Convention (Convention). The debate was provoked by federal court rulings in two recent cases: Chromalloy Aeroservices v. Arab Republic of Egypt (Chromalloy) and Alghanim & Sons v. Toys"R" Us (Toys "R" Us). Prior to these opinions, there appeared to have been an implicit consensus in the international community regarding the "anational"character of …

University Of Central Florida Libraries, Annual Report 1997-1998, Ucf Libraries

Libraries' Documents

No abstract provided.

"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld

Fordham Urban Law Journal

This article reviews the legislative history and case law of the Fair Housing Act. It reviews the elements of a claim for reasonable accommodations for persons with disabilities under the FHA. It argues that some courts have incorrectly interpreted the statute restrictively defying the intentions of the drafters of the statute.

Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo

Fordham Urban Law Journal

This article analyzes three levels of scrutiny states have applied to regulatory takings cases. These include 'judicial deterrence", "rational nexus", and "specifically and uniquely attributable". The author argues that the first two standards are inefficient and concludes in favor of the "specifically and uniquely attributable" standard.

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Fordham Urban Law Journal

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …

Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion

Fordham Urban Law Journal

This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …

Spirituality Of Caregiver Wives Of Dementia Patients, Martha Preston-Devries

Masters Theses

The spiritual perspectives o f 30 caregiver wives of dementia patients and 30 non-caregiver wives were compared using a convenience sample in the Midwest. Spiritual perspective includes behaviors such as praying privately, mentioning spiritual matters to others, and seeking spiritual guidance as well as beliefs such as forgiveness, the belief that spiritual views influence their life, and feeling close to God or a higher power during prayer or worship. The Spiritual Perspective Scale was used to measure spiritual perspective in participants. Scores on the Spiritual Perspective Scale were analyzed for the two groups using the t test for individual variables. …

Stories From The Other Side Of The Screen: Identifying Social Construction Within Educational Software, Brenda Matthis

Journal of Pedagogy, Pluralism, and Practice

Designers of software programs provide their narratives, perspectives, and points of view through the software programs they develop, consciously and explicitly or not. As the providers of these narratives, the software designers are considered the authors of this medium. These authors' narratives contribute to the social construction of the users of the software as they gain cognitive instruction and entertainment. This is especially important to consider when it comes to educational software used by children in the classroom and in the home. The traditional process for the examination of narrative and content in a medium is a review. Narratives in …

The Ebonics Debate: Perspectives And Possibilities: Personal Reflections, Mary Ann Johnson

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Partner, Teacher, And Guide: Examples Of Teacher Behavior In Reggio Emilia, Carolyn P. Edwards

Department of Psychology: Faculty Publications

To give a fuller picture and provide concrete examples of the abstract principles presented above, we offer four short observation records drawn from videotapes taken at the Diana School in 1988 and 1990. They illustrate different kinds of teacher behavior commonly seen in the Reggio Emilia preprimary schools.

The Teacher Gets Children Started
The Teacher Provides Instruction in Tool-Use and Technique
The Teacher Turns a Dispute into a Hypothesis to Test
The Teacher Encourages Children to Solve Their Own Disputes

Toward A Practical Estate-Tax Exclusion For Family-Run Businesses: Analysis Of Section 2033a And Proposal For Reform, Eric D. Chason, Robert T. Danforth

Faculty Publications

In a previous work appearing in this Journal, the authors proposed an approach to estate and gift taxation that encourages productive behavior by the recipients of wealth. In this Article, the authors analyze, in the context of their earlier work, the new estate-tax exclusion for closely held businesses (section 2033A) created by the Taxpayer Relief Act of 1997. The authors describe the features of a practical family-run business exclusion and conclude that section 2033A, in its present form, fails as a practical exclusion. The authors catalogue those elements of section 2033A that should be retained and propose reforms of those …

Reform Of Adult Guardianship Law, John E. Donaldson

Faculty Publications

No abstract provided.

Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble

Articles

The colorimetric characterization of a flat-panel LCD monitor, the Apple Studio Display, using traditional CRT characterization techniques was evaluated. The results showed that the display performed up to the manufacturer's specifications in terms of luminance and contrast. However, the traditional CRT gain-offset-gamma (GOG) model for characterization was inadequate and a model with one-dimensional lookup tables followed by a 3x3 matrix was developed. The LUT model performed excellently with average CIE94 color differences between measured and predicted colors of approximately 1.0.

Police Patrol, Judicial Integrity, And The Limits Of Judicial Control, Debra A. Livingston

Faculty Scholarship

I want to thank St. John's for inviting me to be part of this reexamination of Terry v. Ohio – and particularly for this opportunity to participate in a roundtable discussion on the relationship between stop and frisk doctrine and the substantive law. This is an important and timely topic and I am happy to see it being discussed in such a serious venue.

When I was preparing my remarks for today, I thought I should call them, "Terry and the Substantive Law: A Hard, Hard Problem." Fortunately, I have sworn off titles with colons, so I settled on "Police …

Reflections On Britain's Research Assessment Exercise, Jayne W. Barnard

Faculty Publications

No abstract provided.

Simplifying Subchapter K: The Deferred Sale Method, Laura E. Cunningham, Noel B. Cunningham

SMU Law Review

No abstract provided.

The Ambiguous Role And Responsibilities Of A Guardian Ad Litem In Texas In Personal Injury Litigation, Jennifer L. Anton

SMU Law Review

No abstract provided.

Castrating Pedophiles Convicted Of Sex Offenses Against Children: New Treatment Or Old Punishment, William Winslade, T. Howard Stone, Michele Smith-Bell, Denise M. Webb

SMU Law Review

No abstract provided.

Judicial Incentives And The Appeals Process, Christopher R. Drahozal

SMU Law Review

No abstract provided.

Appellate Practice And Procedure, Alan Wright, Ladawn H. Conway, Debra J. Mccomas

SMU Law Review

No abstract provided.

Bankruptcy And Creditors' Rights, Roger S. Cox

SMU Law Review

No abstract provided.

Construction Law, Robert L. Meyers Iii, Michael F. Albers

SMU Law Review

No abstract provided.

Criminal Law, Kerry P. Fitzgerald

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Matthew J. Knifton

SMU Law Review

No abstract provided.

Insurance Law, Michael Sean Quinn, Pamela D. Nielson

SMU Law Review

No abstract provided.

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.