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The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …

The Hughes Court And Constitutional Consultation, Barry Cushman

Journal Articles

This lecture, delivered to the Supreme Court Historical Society, details the ways in which justices of the Hughes Court provided guidance to members of the political branches in formulating constitutional solutions to the economic crisis of the 1930s. Among the policy areas considered are farm debt relief, energy policy, agricultural policy, civilian relief and public works, retirement pensions, and unemployment compensation.

Euthanasia, Morality, And Law, John M. Finnis

Journal Articles

"Arguments for legalising euthanasia rely on claims about autonomy rights, or claims about political pluralism, or on both sorts of claim. My response will make three main points. First, those demanding this legalisation have shirked their elementary obligation to describe the alleged right, identify who has it, and delineate its boundaries as a right supposed to trump other goods, interests, and the wellbeing or rights of others. Second, they have neglected, or at best hugely underestimated, the casualties who would be, and in some places already are being, created by the success of their campaign. Third, they proceed on an …

Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser

Faculty Scholarship

This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive …

Comment On The Supplemental-Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf

Faculty Scholarship

This Article discusses the supplemental-jurisdiction statute of 1990, 28 U.S.C. § 1367, which has generated more commentary than perhaps any other jurisdictional section. Together, § 1331, which traces its history to the Judiciary Act of 1875, and § 1332, which dates back to the Judiciary Act of 1789, did not undoubtedly promote more examination in their first eight years of existence. One might speculate why § 1367 has been the focus of so much commentary, largely critical: critical of the speed with which § 1367 was enacted, critical of the narrow range of persons involved in its drafting, critical of …

Banking In North America: The Triumph Of Public Choice Over Public Policy, Eric J. Gouvin

Faculty Scholarship

This Article examines the state of cross-border banking in the NAFTA countries and the question of whether member country banks should be permitted to branch freely throughout North America. Under present law, the United States permits foreign banks to branch into its territory subject to extensive restrictions, Canada has indicated that it plans to eliminate some restrictions on foreign branching, and Mexico continues to permit access to its banking markets only by investment in or establishment of an institution chartered in Mexico. Article 1403(3) of the NAFTA left the issue of cross-border branching open to subsequent negotiation. If the decision …

An Analysis Of The Pedagogical Methods Of Hindu Gurus, Pearl Anjanee Gyan Edd

Dissertations

The purpose of this study was to explore the pedagogical methods of Hindu gurus that could be applicable to elementary school teaching for the inner development of students. With severe cutbacks to classroom instruction and demands by economic, political, and educational leaders for education to produce a highly skilled work force for the future of the economy, teachers are forced to use precision teaching for measurable learning. The review of the literature in this study presented a historiography of Western pedagogical methods. It showed how Western teaching methods have been defined by the seventeenth-century Newtonian objectivistic-reductionistic-mechanistic paradigm and later enforced …

Endangered And Threatened Animals Of Utah, Terry A. Messmer, A Mcelrone, R. Drake

Wildland Resources Faculty Publications

No abstract provided.

Venomous Snakes: Wildlife Damage Management Series, Terry A. Messmer, G. W. Wiscomb

Wildland Resources Faculty Publications

Utah is home to 31 species of snakes. Of these, seven are venomous. The seven Utah venomous snakes are members of the Viperidae family and are commonly called pit vipers because of the pit located between their nostrils and eyes. (See Figure 1.) These Utah venomous snake species include: the sidewinder (Crotalus cerastes), speckled rattlesnake (C. mitchellii), mojave rattlesnake (C. scutulatus), western rattlesnake (C. viridis), Hopi rattlesnake (C.V. nuntius), midget-faded rattlesnake (C.V. concolor), and the Great Basin rattlesnake (C.V. lutosus).

Nonvenomous Snakes: Wildlife Damage Management Series, Terry A. Messmer, G. W. Wiscomb

Wildland Resources Faculty Publications

Snakes are probably the most feared and misunderstood animals known. There are over 200 species of snakes in the U. S., most of which (about 170) are non-venomous. Utah is home to 31 species of snakes. Of these, 24 are non-venomous. Since these snakes are more abundant, chances are that when most Utahns encounter a snake it will be non-venomous. (See Figure 1.)

Voles: Wildlife Damage Management Series, Terry A. Messmer, B. C. West

Wildland Resources Faculty Publications

No abstract provided.

Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump

Maryland Law Review

No abstract provided.

"Multiracial" Discourse: Racial Classifications In An Era Of Color-Blind Jurisprudence, Tanya Katerí Hernández

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

The Futility Of Futility?: On Life, Death, And Reasoned Public Policy, Mark Strasser

Maryland Law Review

No abstract provided.

In Memoriam: John R. Hargrove, Sr., Robert M. Bell, Marshall A. Levin, Harry S. Johnson, Sharon A.H. May

Maryland Law Review

No abstract provided.

In Memoriam: Frank A. Kaufman, Shale D. Stiller, Andre M. Davis, William L. Reynolds

Maryland Law Review

No abstract provided.

Mojave Desert - Satellite Image Map, Robert J. Johnson, R. Douglas Ramsey, Alan Falconer

Wildland Resources Faculty Publications

Produced for the Mojave Desert Ecosystem Program under the United States Department of Defense Legacy Program in cooperation with the Department of the Interior.

Cartography and image processing by:

Remote Sensing and Geographic Information Systems Laboratory

Department of Geography and Earth Resources

College of Natural Resources

Utah State University

Logan, Utah 84322–5240

Cartographic preparation and printing by U.S. Geological Survey, 1998.

Image map produced from 15 Landsat Thematic Mapper images recorded from 1991–1993, provided by U.S.

Geological Survey (USGS), as part of the Multi–Resolution Land Characteristics Consortium Activities.

Bands 7, 4, 2. Simulated natural color composite.

Land ownership compiled from …

The Maryland Survey: 1996-1997

Maryland Law Review

No abstract provided.

The Limits Of Charity Fiduciary Law, Evelyn Brody

Maryland Law Review

No abstract provided.

Richmond Music Journal (1998-01)

Richmond Music Journal

No abstract provided.

Virginia Dental Journal (Vol. 75, No. 2, 1998)

Virginia Dental Journal

No abstract provided.

Virginia Dental Journal (Vol. 75, No. 3, 1998)

Virginia Dental Journal

No abstract provided.

Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

Capping punitive damages awards is a centerpiece of the tort reform movement. According to the American Tort Reform Association, as of June 30, 1996, forty-three states allowed punitive damages awards. Of these, twenty-nine states impose no caps on punitive damages and fourteen impose some form of cap. In states that cap punitive awards, the preferred method is to employ a simple multiple of the compensatory award. Eleven states rely on a multiple of the compensatory damages award. The most popular multiple is three times the compensatory award, but this is used by only five states. The capping multiples range from …

Lewis And Clark And The American Century: A Review Of Ken Burns's Pbs Series On The Corps Of Discovery, William L. Lang

History Faculty Publications and Presentations

Reviews Ken Burns's 1997 public television documentary on the Lewis and Clark expedition, 'Lewis and Clark: The Journey of the Corps of Discovery.' In his documentaries Burns seeks not just the "dry relation of fact," but a portrayal of the emotional truth of the historical event that allows viewers to connect with it as human drama. Burns has exploited well the inherent drama of the expedition's story to produce a compelling documentary. Rather than labeling it a work of history, based on explanation through critical inquiry, it is better seen as a "heritage" film. The latter identifies and celebrates virtues …

Epa's Hazardous Waste Identification Rule For Process Waste (Hwir-Waste) Gone Haywire, Again, Christopher J. Urban

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Encouraging Industry In Order To Preserve Non-Commercial Property, Katherine X. Vasiliades

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Starting Well : The Development Of A Covenant For Pastoral Leadership, Calvin J. Havens Iii

ATS Dissertations

No abstract provided.

A Study Of The Use Of The Altar In The Church Of The Nazarene, Usa, Edward Lee Estep

ATS Dissertations

No abstract provided.

Train Up A Child In The Way : Evaluating The Impact Of A Curriculum Equipping Parents To Be Disciplers Of Their Resident Children, Gary Mark George

ATS Dissertations

No abstract provided.