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A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This discussion focuses on those jurisdictions that have used ordinary negligence to find criminal liability when a person uses an inherently dangerous instrument, engages in an inherently dangerous activity, or engages in conduct that poses a threat of widespread public injury. Part IV analyzes the appropriateness of permitting punishment based on ordinary negligence and concludes that it is entirely responsible to adjust criminal sanctions to respond to a fast-paced and technologically reliant culture that consciously trades due care for greater and swifter achievements. Part IV also offers a model for legislatures to follow when evaluating the appropriateness of criminalizing negligent …

Creative Problem Solving: Purpose, Meaning, And Values, Thomas D. Barton

California Western Law Review

No abstract provided.

California Pretrial Rent Deposit Pilot Project: A Legal And Empirical Analysis Of The System In Action In The Los Angeles Municipal Court (Central Division), Bruce Zucker

California Western Law Review

No abstract provided.

Cal State San Bernardino Magazine (Spring 1998-1999), Csusb

CSUSB Magazine

Contents:

Special......Page 2
Police agencies in several nations are working on ways that communities can head off crime, rather than simply react to it.

Observations......Page 4
Alumni and citizens have much to be proud of with the accomplishments of Cal state faculty.

Cal State Update......Page 5
Year 2000, telecommunications infrastructure managed capably on campus.

College News......Page 8
Pete Fairchild's poetry continues to collect top-shelf awards.

Coyote Sports......Page 14
The way it was in the Coyote's most exciting year yet in men's basketball.

Gift Rap......Page 16
San Bernardino resident Evelyn Magnuson establishes scholarships for hometown …

Focus Emu, November 17, 1998, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, June 9, 1998, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, January 27, 1998, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, April 21, 1998, Office Of Public Information

Focus EMU

No abstract provided.

Dentalgram - Vol. 12, No. 01, Loma Linda University School Of Dentistry

Dentalgram

In this issue:

• Prince Hall expansion groundbreaking
• Russian delegation visits LLUSD
• Jim the Tool Man
• Department news
• Student news
• Alumni-Student Convention preview

Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.

The Experience And Meaning Of Caring For Urban Family Caregivers Of Persons With Strokes, Linda L. Pierce

Wayne State University Dissertations

This ethnographic study examined the experience and meaning of caring as it influences urban family caregivers' (UFCs) capacity to care for persons with stroke within African American family systems. This study was executed within and supported the Framework of Systemic Organization (Friedemann, 1995), according to which families as open systems strive for congruence, a dynamic state of equilibrium, evidenced as health. In trying to achieve this state, each family's style of function is different, depending on the family's emphasis on Friedemann's process dimensions: system maintenance, system change, coherence, and individuation. The major research questions were the following: (a) What is …

A Study Of Variables Essential For Success In An Information Management Post-Secondary Curriculum /, Cheryl Ann Plettenberg

Wayne State University Dissertations

This dissertation investigated, evaluated and identified characteristics essential for success in the post-secondary Health Information Technology curriculum, passing the National Certification Examination, and competency for entrance into the Health Information Management profession. The hypothesis was formulated from previous research indicating that the independent variable pre-admission ASSET scores and grade point averages of the general science core courses, the Health Information core courses, and the cumulative GPA at graduation would demonstrate a direct correlation to success on the dependent variable the National Certification Examination. This dissertation was undertaken to identify which courses are best in determining success. If identified, these courses …

First Lady, Last Rights--Extending Executive Immunity To The First Lady, T. Natasha Patel

UC Law Constitutional Quarterly

The First Lady's role has expanded beyond the traditional role of playing the White House hostess. The First Lady is actively involved in both domestic and international politics. Accordingly, in this Note, the Author argues that the First Lady's actions are entitled to qualified executive immunity whenever she acts as a representative of the federal government. The Author traces the development of executive branch immunity. The Author also discusses the role in politics, and otherwise, that the First Ladies have played throughout history. Finally, the Author examines the holding in Association of American Physicians and Surgeons, Inc. v. Hillary Rodham …

Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

A Survey: Frequency Of Spondylolysis Or Spondylolisthesis In Young Athletes, Kara D. Dewhirst

Physical Therapy Scholarly Projects

The purpose of this survey research is to survey male and female high school varsity track athletes regarding the occurrence of low back pain, and then correlating the occurrence of a spondylolysis and/or spondylolisthesis with athletic involvement in the sport of track. A questionnaire was sent to 115 high school varsity track athletes in varsity track programs in the state of North Dakota. Only those athletes who participate in high jump, pole vault, discus, shot put, javelin, and 400M sprints or shorter were asked to take part in the survey.

The survey results were unable to answer the research question …

The University Of Texas Of The Permian Basin Fall '98 Class Schedule, The University Of Texas Of The Permian Basin

Course Schedules

No abstract provided.

The Organization And Planning Of Adult Education, Theodore J. Kowalski

Educational Leadership Faculty Publications

The heightened interest in and the rapid expansion of adult education has become a trend in a variety of environments. In order to serve these developing areas, educators, personnel directors, as well as staff development specialists require improved methods for planning learning activities within their own unique organizational contexts.

In The Organization and Planning of Adult Education Kowalski examines the issues created by providing a social service in diverse organizational settings and presents a format for initiating and developing adult education programs. In order to comprehend the complexity of the context of programming within an organization, two novel components are …

Business Plan For The Startup And Subsequent Operation Of A Truss Manufacturing Plant, Timothy M. Liescheidt

Theses

This thesis is intended to present a thorough business plan for a truss manufacturing plant. The thesis will give the reader a complete understanding of the purpose of a truss in the building industry. The thesis also presents research on existing truss manufacturing plants and determined how the companies in this field currently operate. Once the research was completed, the business plan was prepared. The completed business plan was presented to three individuals who, by their experience, can be considered subject matter experts. These three individuals were then asked to give input about the completed business plan.

The input from …

Butt In: 44 Liquormart, Inc. V. Rhode Island And Its Implications On The Future Of Cigarette Advertising And Commercial Speech - 44 Liquormart, Inc. V. Rhode Island, Brenda Currie

MC Law Review

Notes

Contracting With The United State In Its Role As Regulator: Striking A Bargain With An Equitable Sovereign Or A Capricious Siren - United States V. Winstar Corporation, Thomas J. Gilliam Jr.

MC Law Review

Notes

Client Participation In Intensive Family Preservation Programs, Julia H. Littell, Emiko Tajima

Graduate School of Social Work and Social Research Faculty Research and Scholarship

This study identifies factors associated with client participation in intensive, in-home family preservation services. Our initial focus was on client cooperation, but a review of the literature and preliminary analysis of empirical data convinced us to broaden this focus to consider the diverse ways in which clients participate in treatment.

The clients in our study were involuntary, in that they were referred for family preservation services by a public child welfare agency following substantiated reports of child abuse and neglect. The services were intended as an alternative to removal of a child from the home. The primary caregiver was the …

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke

Law Faculty Articles and Essays

This article challenges the common characterization of the 1996 welfare reforms. States do not have the ability to do “almost anything they want.” Most notably, states with more compassionate political leadership who wish to counter the national trend may seek areas of flexibility in vain. The Act's mandates and penalties will force all states into particular policies that they may not have chosen had Edelman been correct about the range of their discretionary powers.Edelman's critique typifies the standard assessment of the Act. According to the prevailing view, the Act's policies are objectionable because the federal government has capped the money …

Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven

Cleveland State Law Review

The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …

The Myth Of The Matching Principle As A Tax Value, Deborah A. Geier

Law Faculty Articles and Essays

This 1998 article explores why the "matching principle" in financial accounting should be considered irrelevant to federal income taxation, where its application can result effectively in consumption taxation (as opposed to income taxation).

Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article surveys methods that could improve the effectiveness of environmental legal education. I propose that approaches to teaching environmental law be viewed in two ways; first, as a substantive course in which students gain access to a complex system of law, and second, as a substantive base for teaching students skills of legal process. Within both possibilities, I focus on the value of teaching students to understand the environmental law system. Instructors can introduce students to the environmental law system by looking at a few of the major environmental statutes in relative depth, or as they apply to specific …

The Humane Society And Italian Driftnetters: Environmental Activists And Unilateral Action In International Environmental Law, Amy Blackwell

North Carolina Journal of International Law

No abstract provided.

From Worker's State To Work Without Pay: Labor Law Reform In The Russian Federation, C. Scott Holmes

North Carolina Journal of International Law

No abstract provided.