Digital Commons Network^™

Fostering Balance On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 presidential election campaign, Governor William Jefferson Clinton pledged to increase the numbers and percentages of women and minorities on the federal bench while appointing judges who are highly intelligent, demonstrate balanced judicial temperament, and exhibit a commitment to enforcing constitutional rights. The record of judicial selection that President Clinton compiled in his first term as Chief Executive shows that he honored these campaign commitments. President Clinton chose federal judges who make the judiciary's composition more closely resemble the American populace and who possess excellent qualifications.

The Clinton Administration named unprecedented numbers and percentages of very capable female …

Burns, Macdiarmid And Beyond: Transformations Of The Love Lyric And Its National Context, Margery Palmer Mcculloch

Studies in Scottish Literature

No abstract provided.

The Reception In Brazil Of The First Portuguese Translation Of Robert Burns, Luiza Lobo

Studies in Scottish Literature

No abstract provided.

The Judicial Conference Report And The Conclusion Of Federal Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

The Civil Justice Reform Act (CJRA) of 1990 instituted a nationwide experiment with procedures for decreasing expense and delay in federal civil litigation. Congress required all ninety-four federal district courts to adopt civil justice expense and delay reduction plans and to apply cost and delay reduction measures for at least four years.Congress correspondingly prescribed considerable evaluation of the experimentation which the federal districts undertook. The 1990 legislation mandated that each court annually assess the efficacy of the procedures which the district employed. Moreover, Congress required that an “independent organization with expertise in the area of Federal court management” conduct a …

The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash

Law Faculty Publications

I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.

Who Won The 1996 Nhl Plus-Minus Award?, William (Bill) H. Williams, David A. Williams

Publications and Research

Point total, goals plus assists, is an NHL player’s most important individual statistic; it is the best predictor of salary. However, an individual player's goals and assists are only indirectly important to his team because the team objective is to win games and not necessarily to watch individual players run up their point totals. Unfortunately, sometimes opposition teams score easy goals against a team's best goal scorers because these players do not always play well defensively.vAs a result of this conflict, hockey uses a statistic called the "plus/minus," (P/M), which purports to measure a player's offensive versus defensive ability.

Radical-Right And Neo-Fascist Political Parties In Western Europe, Roger Karapin

Publications and Research

Far right-wing parties have gained dramatically in many West European countries since the early 1980s. Recent cross-national studies distinguish between neo-fascist parties, which are anti-democratic and anti-capitalist, and radical right-wing parties which combine anti-immigration appeals with pro-capitalist, neo-liberal economic positions, social conservatism, and a basic acceptance of representative democracy. While the former have been stagnant and unimportant, the latter have been gaining. Yet there are also borderline cases where it is more difficult to determine whether the party rejects fascism and accepts democracy, a problem which the theoretical literature has neglected. The far right's success is largely due to the …

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Creating The 'Right' Impression: Towards A Dramaturgy Of Management Consultancy, Timothy Adrian Robert Clark, Graeme Salaman

Research Collection Lee Kong Chian School Of Business

This article adopts a novel approach by examining the activities of management consultants in terms of the dramaturgical metaphor. This is a useful framework within which to illuminate their activities since a number of service characteristics combine to create a context within which the key task of management consultants is to convince clients of their quality and value. Impression management is therefore a core feature of consultancy work. In this sense management consultants are viewed as systems of persuasion creating compelling images which persuade clients of their quality and worth. This argument is illustrated with reference to the activities of …

A Case Of "Loving Hate", Michelle C. Loris

Psychology Faculty Publications

The case, "Loving Hate," clarifies the complicated dynamics of the eroticization of hate. These dynamics were forged for the adult sexual abuse survivor in the early abusive relationship where love was always accompanied by hate. In the therapeutic relationship, these dynamics are reenacted and experienced in the countertransference where the therapist feels the patient's unconscious pressure to turn this relationship into a kind of "hating mating." This case vignette is used to illustrate how the therapist's countertransference impasse impeded treatment. Explanation and analysis are offered in this case to suggest how by using the paradigm of Abuser, Victim, Bystander to …

Vantage Point - Show Notes - 1998, David Unumb

Vantage Point Documents

No abstract provided.

A Comparison Of The Effects Of Individualized Writing Instruction With And Without Phonemic Segmentation On The Standard Spelling Performance Of At-Risk First Graders, Joan Anne Rhodes

Theses and Dissertations

This study investigated the effects of individualized writing instruction with and without phonemic segmentation on the standard spelling performance of at-risk first graders. Forty-two students from fifteen non-public elementary school Chapter I programs participated in the study.

Subjects were pretested using the Yopp-Singer Test of Phoneme Segmentation to determine their phonemic awareness level. Students were matched in triads and placed in one of two treatment groups or the control group using a constrained random assignment procedure. The Basic Achievement Skills Individual Screener (BASIS) spelling subtest was administered to assess standard spelling performance.

The first treatment group received individualized writing instruction …

Factors Affecting Social Workers' Political Participation: Resources, Professional Associations And Perceived Efficacy, David Henry Hamilton

Theses and Dissertations

Research has indicated that social workers are more politically active than the general public (Wolk, 1981; Parker and Sherraden, 1991), but their effectiveness has been questioned (Mathews, 1982). There are differences among social workers, but explanations of differences between "very active" and "inactive" have relied primarily on practice setting or method. However, research in political science has shown that income, education, involvement in associations, and perceived political efficacy, are significant predictors of who does not participate (Verba, Schlozman, and Brady, 1995).

Five hundred certified social workers were surveyed regarding how often they engaged in political activities (e.g., voting and campaigning) …

1998 Meeting Minutes, Morehead State University. Staff Congress.

Staff Congress Records

Staff Congress meeting minutes for 1998.

Coming To Terms With Daubert In Sherman Act Complaints: A Suggested Economic Approach, Robert F. Lanzillotti

Nebraska Law Review

The purpose of this article is to suggest a straightforward method of utilizing circumstantial output-pricing evidence, grounded in generally accepted economic analysis to (a) differentiate bid rigging and customer/market-allocation schemes, based on some form of explicit communications or explicit agreements among rival sellers, from noncooperative tacit collusion (sheer sophisticated business acumen as hypothesized in various game-theoretic models), and (b) to identify the collusion process with greater precision.

Stretching The Limits Of The Ada: Asymptomatic Hiv-Positive Status As A Disability In Bragdon V. Abbott, 118 S. Ct. 2196 (1998), Teresa A. Schneider

Nebraska Law Review

This Note points out problems with the Bragdon v. Abbott Supreme Court decision and ultimately argues that an asymptomatic HIV-positive person is not disabled under the first definition of disability contained in the Americans with Disabilities Act (ADA); that is, “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” An asymptomatic HIV-positive individual is not disabled within that definition because, even though he or she suffers from a physical impairment, the impairment does not substantially limit any major life activity. Although this Note rejects the argument that reproduction is a …

Maccrate Goes To Law School: An Annotated Bibliography Of Methods For Teaching Lawyering Skills In The Classroom, Arturo López Torres

Nebraska Law Review

I. Introduction … A. Organization and Classification ... B. Methodology ... C. Selection and Exclusion

II. Discussion

III. Lawyering Skills ... 1. Problem Solving ... 2. Legal Analysis and Reasoning ... 3. Legal Research ... 4. Factual Investigation ... 5. Communication ... 6. Counseling ... 7. Negotiation ... 8. Litigation and Alternative Dispute Resolution Procedures ... 9. Organization and Management of Legal Work … 10. Recognizing and Resolving Ethical Dilemmas ... 11. An Integration of the MacCrate Skills

IV. Index of Authors’ Names

V. Index of Subjects

High School Academic Freedom: The Evolution Of A Fish Out Of Water, W. Stuart Stuller

Nebraska Law Review

I. Introduction

II. What Is Academic Freedom?

III. The Supreme Court and Academic Freedom ... A. The Road to Keyishian ... B. The Road Not Taken

IV. The First Coming of High School Academic Freedom—Procedure and Substance

V. Hazelwood and the Regulation of School-Sponsored Speech

VI. The Second Coming of Academic Freedom—All Procedure No Substance

VII. When the State Speaks

VIII. Back to the Classroom

IX. The Substantive Right of Academic Freedom

X. The Procedural Right of Academic Freedom: Can There Be Procedure Without Substance?

XI. Conclusion

Nostalgic Attempts To Recapture What Never Was: Louisiana’S Covenant Marriage Act, Susan Hager

Nebraska Law Review

I. Introduction: The State of the Marital Union

II. An Overview of Fault and No-Fault Divorce

III. The Louisiana Solution for Taming the Divorce Rate ... A. An Overview of Covenant Marriage ... 1. The Counseling Components ... 2. The Fault and Fault-like Divorce Grounds ... 3. The Complete Disclosure Element of Covenant Marriage ... B. Reactions to Covenant Marriage

IV. Addressing the Criticisms of Covenant Marriage ... A. The Coercion Factor ... B. Feminist Objections ... C. Conflict of Laws Issues

V. Conclusion

Requiring Managed Care To Disclose The Use Of Financial Incentives: Shea V. Esensten, 107 F.3d 625 (8th Cir. 1997), Paul Heimann

Nebraska Law Review

This Note first presents the factual background and procedural history of Shea v. Esensten. Next, this Note analyzes the judicial and legislative reluctance to hold managed care organizations (MCOs) accountable for the results of their use of financial incentives. This Note then examines: 1) the impact of ERISA preemption on cases like Shea that attack the use of financial incentives to reduce care; 2) the court’s solution to the “problem” presented in Shea, holding that there is a fiduciary duty to disclose such incentives under ERISA; and 3) the fact that despite the court’s holding, Mrs. Shea cannot …

The Right Of Religious Landlords To Exclude Unmarried Cohabitants: Debunking The Myth Of The Tenant’S “New Clothes”, Michael V. Hernandez

Nebraska Law Review

This article explains why the “right” of unmarried cohabitants to force themselves and their sexual ethics on objecting religious landlords is as illusory as the emperor’s new clothes. Part II demonstrates why, under well-established principles of statutory construction, the landlord’s decision not to rent to an unmarried couple cannot constitute marital status discrimination unless the legislature has explicitly protected such couples. Because no statute currently provides this protection, landlords cannot presently commit marital status discrimination by refusing to rent to unmarried couples. Part III demonstrates that, even assuming these landlords do commit marital status discrimination, a statute which protects unmarried …

Whatever Happened To Landlord-Tenant Law?, Gerald Korngold

Nebraska Law Review

I. Introduction

II. The Legacies of the Era of Reform ... A. The Death of Feudalism: From Conveyance to Contract ... B. Emergence of Statutes ... C. Residential/Commercial Dichotomy ... D. Trumping the Bargaining Process

III. The End of the Era of Reform

IV. Landlord-Tenant Law at the End of the Century ... A. Contract/Conveyance Dichotomy Revisited ... B. The Triumph of the Market? ... C. Property Rights and Governmental Regulation ... D. Personal Choice and Social Values: Religion, Family, Fair Housing, and Other Issues ... E. Lead Paint: Environmentalism, Habitability, and the Market

V. Conclusion

Property As Propriety, Gregory S. Alexander

Nebraska Law Review

I. Introduction

II. Propriety and Entrepreneurship in the Nineteenth Century: The Vested Rights Doctrine ... A. Vested Rights as Proper Order: Fletcher v. Peck ... B. Community and Competition: The Charles River Bridge Case

III. Propriety in the Welfare State: The “New Property” ... A. Institutional Changes in Property ... B. Changes in the Idea of Property in the Welfare State ... C. The Origins and Development of the “New Property” ... D. The Dilemma of the New Property and Property-as-Propriety

IV. The Twitching Corpse of Propriety

Residential Group Homes For Nebraska’S Troubled Youth: An Attractive Alternative To Institutionalization, Jill E. Thomsen

Nebraska Law Review

This Note examines the viability of residential group homes for Nebraska’s troubled teenagers. Part II describes the positive impact that community-based group homes have upon abused and neglected youth. Part III addresses the obstacles facing the creation of such facilities, focusing on difficulties posed by restrictive covenants and municipal zoning efforts which restrict residential land use to “single-family dwellings.” Finally, Part IV proposes that protections offered by the Federal Housing Amendments Act under its “family status” provision, as well as the expressed public policies of this state, provide supplemental support in the movement toward sheltering Nebraska’s troubled youth.

Touch And Concern Is Dead, Long Live The Doctrine, A. Dan Tarlock

Nebraska Law Review

I. Introduction: ALI Bids Farewell to Touch and Concern ... A. The Restatement (Third) of Property: Servitudes in Context ... B. The Restatement (Third) of Property: Servitudes and the Risks of Living in a Common Interest Community ... C. Touch and Concern and Its Substitutes

II. A Brief and Not Too Helpful History of Touch and Concern ... A. What Little We Know About Spencer’s Case

III. The Futile Modern Search for a Simple Definition of Touch and Concern

IV. The Restatement (Third) of Property: Servitudes and the Validity of Servitudes ... A. The ALI Case for Judicial Scrutiny ... …

Estoppel In Property Law, Stewart E. Sterk

Nebraska Law Review

I. Introduction

II. Land Transfers ... A. Inadequate Writings ... B. Oral “Agreements”

III. Servitudes by Estoppel ... A. Representations by Sellers or Developers ... B. Representations by Neighbors ... C. The Restatement

IV. Termination of Servitudes

V. Boundary Disputes ... A. Estoppel against a True Owner ... 1. By the True Owner’s Representations ... 2. By Physical Barriers and Improvements without Representations ... B. Estoppel to Claim Adverse Possession

VI. Landlord-Tenant Law ... A. Lease Renewal ... 1. Leases Which Include Option to Renew or Purchase ... 2. Leases Which Do Not Include Renewal Options ... B. Estoppel by …

58. Seminole County Public Library System

Florida Library History Project

A timeline of the Seminole County Public Library System in Seminole County, Florida.