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1998

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Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull Jan 1998

Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull

Cleveland State Law Review

This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch. Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because …

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Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson Jan 1998

Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson

Cleveland State Law Review

This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …

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The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko Jan 1998

The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko

Cleveland State Law Review

Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …

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Preservation Eastern Newsletter, July 1998, Preservation Eastern Jan 1998

Preservation Eastern Newsletter, July 1998, Preservation Eastern

Post & Lintel

No abstract provided.

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Roots/Routes As Arterial Connections For Art Educators: Advocating For Aboriginal Cultures, Rita L. Irwin Jan 1998

Roots/Routes As Arterial Connections For Art Educators: Advocating For Aboriginal Cultures, Rita L. Irwin

Journal of Social Theory in Art Education

Arterial and life connections for art educators. Arteries are muscular vessels carrying blood away from the heart to every part of the body, eventually bringing the blood back to the heart before venturing out again. Metaphorically, these pathways locate the heart as a home from which travel extends, repeatedly, expectantly as life itself. Symbolically, arterial connections pulsate with the notion of art, expressing art through life through art. To many people, and particularly Aboriginal peoples, art translated as cultural performance is found in the very pathways and bloodlines of their geographies and histories. However, these arterial connections are available to …

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Contributors Jan 1998

Contributors

Journal of Social Theory in Art Education

List of contributors for The Journal of Social Theory in Art Education, 1998, Number Eighteen.

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Book Review: Susan L. Smith (1995), The Power Of Women: A Topos In Medieval Art And Literature, Karen Keifer-Boyd Jan 1998

Book Review: Susan L. Smith (1995), The Power Of Women: A Topos In Medieval Art And Literature, Karen Keifer-Boyd

Journal of Social Theory in Art Education

Book review for The Power of Women: A Topos in Medieval Art and Literature, Susan L. Smith, University of Pennsylvania Press, Philadelphia, 1995.

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A Study Of The Attitudes Of Junior-High And Middle-Level Principals Toward Parent Involvement In Arkansas, Marian G. Lacey Jan 1998

A Study Of The Attitudes Of Junior-High And Middle-Level Principals Toward Parent Involvement In Arkansas, Marian G. Lacey

Theses and Dissertations

The study is a replication of a study by Brittle (1994) that researched attitudes of elementary principals toward parent involvement in the Commonwealth of Virginia. The 1997 Arkansas study identified and analyzed the attitudes of middle-level and junior-high principals toward parental involvement. The population for the study consisted of all middle-level and junior-high principals in the state of Arkansas. Data were analyzed using descriptive and correlational statistics to answer the research questions. The study revealed how strongly Arkansas middle-level or junior-high principals believe in parent involvement. Information concerning the principals' perceived role in implementing and fostering parent involvement in their …

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Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason Jan 1998

Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason

University of Arkansas at Little Rock Law Review

No abstract provided.

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Fall 1998, Nsu Oceanographic Center Jan 1998

Fall 1998, Nsu Oceanographic Center

Currents

No abstract provided.

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Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins Jan 1998

Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins

Law Faculty Scholarship

No abstract provided.

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Goliath Davis: On The Road To Glory, Teresa D. Brown Jan 1998

Goliath Davis: On The Road To Glory, Teresa D. Brown

USF Magazine Articles about USF St. Petersburg Campus

Profiles Goliath Davis, a longtime adjunct faculty member at University of South Florida St. Petersburg who has also served as a senior adviser for community affairs.

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The Avacado, David Robinson Jan 1998

The Avacado, David Robinson

Ethnobotanical Leaflets

No abstract provided.

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The Genus Datura: From Research Subject To Powerful Hallucinogen, Kirsten Bonde Jan 1998

The Genus Datura: From Research Subject To Powerful Hallucinogen, Kirsten Bonde

Ethnobotanical Leaflets

No abstract provided.

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The Story Of The Pineapple, Elencia Davis Jan 1998

The Story Of The Pineapple, Elencia Davis

Ethnobotanical Leaflets

No abstract provided.

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Aesthetic Ambition Versus Commercial Appeal: Adapting Novels To Film And The Copyright Law, Douglas Y'Barbo Jan 1998

Aesthetic Ambition Versus Commercial Appeal: Adapting Novels To Film And The Copyright Law, Douglas Y'Barbo

St. Thomas Law Review

No abstract provided.

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The Myth Of Everglades Settlement, Alfred R. Light Jan 1998

The Myth Of Everglades Settlement, Alfred R. Light

St. Thomas Law Review

To "settle" has a number of senses within the English language. For example, it can mean "to make a decision on; determine; decide," or "to come to a conclusion," as when children bring their disputes to their mother to settle.' It can mean "to agree upon (as a time, place, or plan); fix beforehand," as in to settle on a course of action. It can mean "to put in order; arrange," as in one must settle all his affairs before going away for the winter. It can mean "to pay; arrange payment of," as in one must also settle up …

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Pre-Education Programs: A Comprehensive Project At Henry Ford Community College, D. Zopf, L. Smyrski Jan 1998

Pre-Education Programs: A Comprehensive Project At Henry Ford Community College, D. Zopf, L. Smyrski

Journal of Mathematics and Science: Collaborative Explorations

Henry Ford Community College (HFCC) in Dearbom, Michigan is a two-year institution of higher education serving a diverse student population of approximately 13,000 students. In addition to providing a broad array of technical and vocational programs, the College provides the first two years of a baccalaureate program. However, the transferability of these programs is not assured. In the absence of a mandated state-wide curriculum, two- and four-year colleges and universities in Michigan develop courses and programs independently, and the transfer of courses between institutions is determined independently by the respective departments. The end result is often loss of credit when …

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[Review Of] Peter C. Rollins And John E. O'Connor, Eds. Hollywood's Indians: The Portrayal Of The Native American In Film, Connie Jacobs Jan 1998

[Review Of] Peter C. Rollins And John E. O'Connor, Eds. Hollywood's Indians: The Portrayal Of The Native American In Film, Connie Jacobs

Ethnic Studies Review

Hollywood inherited conflicting myths of Native Americans: barbaric savages or "Noble Savage." Influenced by the latter romantic view, James Fenimore Cooper in print and George Catlin and Edward Curtis in art conveyed to an American public a portrait of a noble but vanishing race of America's first people. The dime store novels and Wild West shows of the late 1800s played with the dueling idea of a noble yet menacing Red Man, and Hollywood picked up this created myth of American Indians which, while ostensibly sympathetic, actually perpetuated stereotypes of a depraved and primitive race. Hollywood then packaged these images, …

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[Review Of] Toyotomi Morimoto. Japanese Americans And Cultural Continuity: Maintaining Language And Heritage, Kumiko Takahara Jan 1998

[Review Of] Toyotomi Morimoto. Japanese Americans And Cultural Continuity: Maintaining Language And Heritage, Kumiko Takahara

Ethnic Studies Review

Japanese language schools in California are chronicled from the early twentieth century until the eve of World War II based mainly on the UCLA Japanese American Research Project Collections, Japanese language newspapers, and literatures by Issei (first generation Japanese immigrant) educators. Chapters two through five which follow a brief overview of the ethnic language schools of various immigrant groups illustrate Japanese immigrants' effort in transmitting their linguistic and cultural heritage to Nisei (American-born) children by supplementing their public school education with a Japanese language school curriculum in a hostile socio-political climate. The thematic coherence of the book is disrupted unfortunately …

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A Historical Perspective On The Development Of An Ethnic Minority Consciousness In The Spanish-Language Press Of The Southwest, Nicolás Kanellos Jan 1998

A Historical Perspective On The Development Of An Ethnic Minority Consciousness In The Spanish-Language Press Of The Southwest, Nicolás Kanellos

Ethnic Studies Review

Various scholars have treated ethnic newspapers in the United States as if they all have evolved from an immigrant press.(i) While one may accept their analysis of the functions of the ethnic press, there is a substantial and qualitative difference between newspapers that were built on an immigration base and those that developed from the experience of colonialism and racial oppression. Hispanics were subjected to "racialization"(ii) for more than a century through such doctrines as the Spanish Black Legend and Manifest Destiny during the nineteenth and early twentieth century. They were conquered and incorporated into the United States and then …

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[Review Of] Tracy Mishkin. The Harlem And Irish Renaissances: Language, Identity, And Representation, Jennifer Schulz Jan 1998

[Review Of] Tracy Mishkin. The Harlem And Irish Renaissances: Language, Identity, And Representation, Jennifer Schulz

Ethnic Studies Review

The very title of Tracy Mishkin's The Harlem and Irish Renaissances: Language, Identity, and Representation would fill any scholar of either movement with skepticism. To draw parallels among turn of the century Anglo-Irish writers' efforts to represent and revitalize the identity and language of Irish culture (which must take into account the often divergent political and social interests of myriad groups: Gaelic nationalists and Catholic-Irish peasantry, just to name two) with early twentieth-century African American and black immigrant intellectuals' self-conscious construction of a race capital and cultural movement in the midst of Jim Crow legislation and renewed vehemence of nativist …

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[Review Of] Magdalena J. Zaborowska, Ed. Other Americans, Other Americas: The Politics And Poetics Of Multiculturalism, Phillipa Kafka Jan 1998

[Review Of] Magdalena J. Zaborowska, Ed. Other Americans, Other Americas: The Politics And Poetics Of Multiculturalism, Phillipa Kafka

Ethnic Studies Review

The editor of this text, Magdalene J. Zaborowska of Aarhus University, is a respected feminist specialist in ethnic American studies. In her introduction she provides readers with an admirably concise overview of the history of the multicultural movement and the current state of the recent multicultural wars over curriculum, literature, and the canon in the United States. Zaborowska chose the essays in this anthology because they focus on the multicultural reality that always has existed in the United States rather than on monolithic "essentialist representations of history and national identity" characteristic of previous American literary history.

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Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham Jan 1998

Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham

Fordham Urban Law Journal

This article examines the difficulty of finding a proper standard for evaluating non-scientific expert testimony. It analyzes the legal standard for the admission of expert testimony as set out in the Federal Rule of Evidence and the Daubert case. It reviews a split in courts as to how to apply these standards to non-scientific expert testimony. It ends with some proposals for the application of Daubert to non-scientific expert testimony and suggests an amendment to the Federal Rules of evidence.

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No Penetration - And It's Still Rape, Lundy Langston Jan 1998

No Penetration - And It's Still Rape, Lundy Langston

Journal Publications

This Article explores the penetration requirement and considers the following: (1) whether it is a male or reasonable person understanding of what is so violative of a woman's body that it should be referred to as rape; and (2) what punishment should be imposed. This Article explores problems raised by the "foreplay" issue. Understanding that rape is not sex, in order to deem a violation, one must understand how a violation is characterized. In addition to defining what is violative, the foreplay issue raises questions about characterizations from a male perspective concerning when a male is placed on notice by …

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"Over The Hills And Far Away..." : A Study Of The 95th Rifles : Their Background, Discipline, Doctrine, And Combat Employment During The Defense Of Portugal, 1810-1811, Ryan Jason Talley Jan 1998

"Over The Hills And Far Away..." : A Study Of The 95th Rifles : Their Background, Discipline, Doctrine, And Combat Employment During The Defense Of Portugal, 1810-1811, Ryan Jason Talley

Master's Theses

The first chapter of this study of the 95th examines the long struggle through the eighteenth century to create an adequately trained and equipped corps of riflemen in the British Army, culminating in the creation of the Experimental Rifle Corps in 1800. Experiences in North America, the West Indies and Europe that bear relevance will be examined along with those individuals whose experience or works influenced the creation of the 95th. The second chapter investigates the organization and new discipline of the Experimental Rifle Corps, its drafting into the line as the 95th, Sir John Moore's camp at Shorncliffe and …

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Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu Jan 1998

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.

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The Uncopyrightability Of Jokes, Allen Madison Jan 1998

The Uncopyrightability Of Jokes, Allen Madison

Faculty Publications

This paper explains two foundational copyright doctrines, the scenes a faire doctrine and the merger doctrine. It illustrates the limiting effect these doctrines have on copyright protection for jokes.

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Products Liability: The Next Act, Marshall S. Shapo Jan 1998

Products Liability: The Next Act, Marshall S. Shapo

Hofstra Law Review

No abstract provided.

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Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram Jan 1998

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

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