Digital Commons Network^™

The Federalization Of Crime: Too Much Of A Good Thing?, Charles D. Bonner

University of Richmond Law Review

Headlines announcing recent declines in crime rates have become commonplace across the United States. In 1997, Atlanta, Georgia, experienced a 22% drop in homicides, an 11% decline in burglaries, and a 21% decline in larceny. In Washington, D.C., the number of homicides dropped 24% in 1997. From 1996 to 1997, the homicide rate in New York fell 23%; in Los Angeles it dropped 20%; and in San Antonio it dropped 17%.

Advisory Opinions By Federal Courts, Phillip M. Kannan

University of Richmond Law Review

Since 1793, the affirmative grant of authority to federal courts in Article III of the Constitution to hear and decide cases or controversies has been interpreted to prohibit these courts from giving advisory opinions. In that year, United States Supreme Court Chief Justice Jay, Justice Cushing, and District Judge Duane rejected a provision in a 1792 act of Congress that would have required the Supreme Court to settle federal pension claims of widows and orphans subject to the approval of the Secretary of War. The basis for the position taken by the Chief Justice was "that neither the legislative nor …

Annual Survey Of Virginia Law: Constitutional Law, Mark J. Yeager

University of Richmond Law Review

On February 27, 1998, the Supreme Court of Virginia rendered its decision in Town of Madison v. Ford. The court invalidated a town zoning ordinance which had been enacted in 1972. This extreme result was due to an insufficiency in the town council's minutes at the meeting when the ordinance in question was enacted. The minutes did not state the names of all the members present nor how they voted. The court, therefore, found that the ordinance was enacted in derogation of the provisions of article VII, section 7 of the Constitution of Virginia ("section 7").

Annual Survey Of Virginia Law: Corporate And Business Law, Robert L. Freed

University of Richmond Law Review

Corporate and business law has undergone a variety of changes in the past two years. This article summarizes the developments that occurred in this area of the law from June 1996, through June 1998. In 1997, the Virginia General Assembly amended numerous provisions of the Virginia Code. The amendments became effective January 1, 1998. Virginia state courts and the federal courts have issued opinions which have impacted the law in this area. Part II examines the abundant legislative changes made to title 13.1 of the Virginia Code and the recent judicial decisions affecting corporations. Most of the changes discussed were …

Annual Survey Of Virginia Law: Criminal Law, Marla Graff Decker, John Hills Mclees Jr.

University of Richmond Law Review

This article summarizes all published criminal law decisions of the Supreme Court of Virginia and the major criminal law decisions of the Virginia Court of Appeals sitting en banc, issued between July 1, 1997, and July 1, 1998. Due to space limitations, however, the article includes only a few selected published panel opinions of the Virginia Court of Appeals. Also, this article includes a summary df the criminal law opinion from the Supreme Court of the United States which arose from a Virginia case during the period stated above. And finally, this article summarizes the most significant enactments from the …

Judges As Advicegivers, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Since Alexander Bickel, scholars have understood the Supreme Court to have a threefold power: striking down acts for unconstitutionality, legitimating them, or employing the passive virtues. Professor Katyal contends that the Court wields a fourth power: advicegiving. Advicegiving occurs when judges recommend, but do not mandate, a particular course of action based on a concern for rule or principle. Courts have been giving advice, consciously at times, unconsciously at others, and this article seeks to provide a normative justification for the practice. Professor Katyal breaks down advicegiving into several categories and explains how advice, when given to the political branches, …

Hitler At Lidice| Language, Revenge, And Social Pathology In Warfare, Stephen Donald Carey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …

The Changing Status Of Faculty Women In Public Universities In The Northern Rockies And Deep South 1900-1990, Jill Mccorkle Vahl

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Order And Anomie In University Dormitories : An Ethnography Of Dorm Supervisors, Kimberly S. Bell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Transmission-Constrained Unit Commitment Method, Chung-Li Tseng, Chao-An Li, S. S. Oren, C. S. Cheng, A. J. Svoboda, R. B. Johnson

Engineering Management and Systems Engineering Faculty Research & Creative Works

The paper presents a transmission-constrained unit commitment method using a Lagrangian relaxation approach. The transmission constraints are modeled as linear constraints based on a DC power flow model. The transmission constraints, as well as the demand and spinning reserve constraints, are relaxed by attaching Lagrange multipliers. The authors take a new approach in the algorithmic scheme. A three-phase algorithm is devised including dual optimization, a feasibility phase and unit decommitment. A test problem involving more than 2500 transmission lines and 2200 buses is tested along with other test problems

Regulating Risk Not Function, Heidi Mandanis Schooner

Scholarly Articles

This Article examines our current scheme of bank regulation through an analysis of banks' securities activities -- how such activities are currently regulated and how they might be regulated in the future.

Part I summarizes the major restrictions on banks' securities activities, emphasizing recent regulatory initiatives aimed toward expanding banks' participation in the securities business.

Part II examines the application of the federal securities laws to banks' securities activities. (While banks enjoy some exemptions from the federal securities laws, they are subject to many of the most important provisions.) In addition, Part II sets forth the division of responsibility for …

Wto And Un Law, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …

Pinning The Blame & Piercing The Veil In The Mists Of Metaphor: The Supreme Court’S New Standards For The Cercla Liability Of Parent Companies & A Proposal For Legislative Reform, Lucia A. Silecchia

Scholarly Articles

This article tackles the complex question of the liability of parent corporation for the CERCLA misadventures of their subsidiaries. In 1998, the United States Supreme Court tried to resolve this complex question. In many respects, this decision was a significant step in the right direction, and the article begins by analyzing the Court’s opinion. However, the article then identifies three significant questions left open after Best foods. In light of these open questions, the article proposes a legislative proposal to further refine the parent-subsidiary allocation of liability to better serve CERCLA’s broad remedial goals and to clarify the expectations of …

Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson

Scholarly Articles

This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on the …

Is Roe V. Wade Obsolete?, Robert A. Destro

Scholarly Articles

No abstract provided.

The Fundamental Agreement Between The Holy See And The State Of Israel: A Symposium, Marshall J. Breger

Scholarly Articles

No abstract provided.

Control Freaks, John H. Garvey

Scholarly Articles

Last year, in Washington v. Glucksberg, the Supreme Court decided that the Constitution does not afford us a right to commit assisted suicide. I endorse this conclusion. I might less modestly say that it endorses me, for the Court's understanding of freedom is similar to the one I propose in What Are Freedoms For?, and the theory it rejects is the one I am most concerned to combat.

Teaching Moral Perception And Moral Judgment In Legal Ethics Courses: A Dialogue About Goals, Lisa G. Lerman

Scholarly Articles

The first topic discussed at the 1997 W.M. Keck Foundation Forum on the Teaching of Legal Ethics was setting goals for the teaching of professional responsibility.

In this Essay, I report some of the ideas that were exchanged during the discussion 17 and comment on a few of them. I also will discuss experimental teaching initiatives that some panelists have undertaken to implement their articulated goals. Then I will comment on some of the problems we encounter in setting goals for the teaching of professional responsibility and on the implications of these observations for our law schools' curricula.

Patient Dumping: Implications For The Elderly, George P. Smith Ii

Scholarly Articles

Before 1986, the Common Law provided that physicians and hospitals had no duty to admit or treat persons who sought their care except in limited circumstances. Congress enacted The Emergency Medical Treatment and Active Labor Act (EMTALA) to curb this so-called patient-dumping problem. EMTALA provides, essentially, that Medicare-participating hospitals must treat all patients who arrive in emergency conditions.

This article first discusses the patient-dumping problem and how EMTALA has provoked many hospitals to curtail their emergency facilities in order to avoid treating indigent and uninsured patients. The Article then proceeds to analyze the specifics of EMTALA’s main statutory provision, Section …

Single Gender Marriage: A Religious Perspective, Raymond C. O'Brien

Scholarly Articles

This Article will offer a religious perspective which is a response to the legal arguments in favor of single-gender marriage. Three arguments will be made: first, that the religious perspective identified and associated with the Roman Catholic tradition offers a fundamental basis for family life that has been proven to be beneficial to society as a whole, and to the message of revelation consigned to Christians by Jesus Christ; second, inasmuch as the religious perspective is being contradicted by judicial interpretation rather than through legislative process, a tyranny of judicial activism has and is subverting a public policy consensus; and …

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.

Coaching Philosophy Differences Among Ncaa Division Iii Head Men’S Basketball Coaches, Mark J. Franzen

Dissertations and Theses @ UNI

The purpose of this study was to describe the coaching philosophies of men's head basketball coaches at the NCAA Division III level in three areas: (a) coach's expectation of the athlete, (b) coach's role in the overall development of the athlete, and ( c) conditions believed essential to maximize team performance. All of the coaches in this study were from private institutions. A modified questionnaire from Eitzen and Pratt (1989) was used as the instrument in this study. The questionnaire pertained to three areas of coaching philosophy and was divided into three sections: ( a) coach's expectation of the athlete, …

The Desegregation Of A Historically Black High School In Jacksonville, Florida, Judith Bockel Poppell

UNF Graduate Theses and Dissertations

This historical study examines the desegregation of a historically African- American high school during the period between 1965-1975. The Mims v. The Duval County School Board (1971) decision brought about radical changes in the operation of the Duval County Public Schools. The mass transfer of teachers and reassignment of students as a result of the federal judge's order in this case resulted in a school system that was dramatically different from the one that previously existed. The author seeks to determine why the desegregation of William Raines High School was short-lived and questions the continued effort of the school system …

The War At Home: Prisoner Of War Camps In Iowa During World War Ii, Julie K. Heintz

Dissertations and Theses @ UNI

Two base camps, along with their branch camps, located in the state of Iowa will provide the focus for this study. The camps in Iowa, located near the towns of Algona and Clarinda, provide an example of two camps that met or exceeded the criteria set by the Geneva Convention of 1929. The creation and administration of the camps raises three questions which constitute the body of this thesis. The first deals with the founding, administration and operation of the camps. Secondly, the study investigates the daily life of the camp inmates. Finally the third question examines how townspeople and …

Symposium Introduction, Peter N. Swisher

Law Faculty Publications

This Symposium addresses a number of the serious questions and issues involving the insurance law doctrine of reasonable expectations after three decades. We are fortunate to have ten excellent symposium articles analyzing the doctrine of reasonable expectations from various perspectives, written by seven academic lawyers, two prominent insurance law practitioners, and an eminent jurist.

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

Economic Importance Of Managing Spatially Heterogeneous Weed Population, John L. Lindquist, J. Anita Dieleman, David A. Mortensen, Gregg A. Johnson, Dawn Y. Wyse-Pester

Department of Agronomy and Horticulture: Faculty Publications

Three methods of predicting the impact of weed interference on crop yield and expected economic return were compared to evaluate the economic importance of weed spatial heterogeneity. Density of three weed species was obtained using a grid sampling scheme in 11 corn and 11 soybean fields. Crop yield loss was predicted assuming densities were homogeneous, aggregated following a negative binomial with known population mean and k, or aggregated with weed densities spatially mapped. Predicted crop loss was lowest and expected returns highest when spatial location of weed density was utilized to decide whether control was justified. Location-specific weed management resulted …

4qmiscellaneous Fragments: Progress And Problems, Dana M. Pike, Andrew C. Skinner

Faculty Publications

Our comments constitute a preliminary report on our assignment to publish a group of fragments from Cave 4 that are designated 4Q Miscellaneous and Unidentified.

Reinventing Bakke, Alan J. Meese

Faculty Publications

No abstract provided.