Digital Commons Network^™

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.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.

Foreword: Government Lawyering, Neal Devins

Faculty Publications

No abstract provided.

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.

George Landon Browning (D. 1947), William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on George Landon Browning judge of the Virginia Supreme Court of Appeals.

George Wayne Anderson (D. 1922), William Hamilton Bryson

Law Faculty Publications

A brief, descriptive entry on George Wayne Anders, an attorney, who was born at Edgehill in Albemarle County, one of two sons and two daughters of Edward Clifford Anderson, a colonel in the Confederate army, and Jane Margaret Randolph Anderson, a granddaughter of Thomas Jefferson.

Civil Justice Reform Sunset, Carl W. Tobias

Law Faculty Publications

This article uses the Civil Justice Reform Act of 1990 (CJRA) as the backdrop for addressing efforts to increase uniformity, simplicity, and transsubstantivity, and to decrease expense and delay in civil litigation. Professor Tobias discusses both the origin and the implementation of the CJRA. By requiring each federal district court to formulate a civil justice expense and delay reduction plan, the purpose of the CJRA is to decrease expense and delay in civil litigation. Professor Tobias argues that the CIRA has been successful because districts have applied techniques that have saved cost and time and have provided new data that …

Dear Justice White, Carl W. Tobias

Law Faculty Publications

Addressing Supreme Court of the United States Justice Justice Byron T. White, Chair of the Commission on Structural Alternatives for the Federal Courts of Appeals, Prof. Tobias offers advice on examining the problems confronting the courts and devising recommendations that address these problems within the Commission's statutory mandate.

Reforming Common Sense Legal Reforms, Carl W. Tobias

Law Faculty Publications

The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …

National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein

Law Faculty Publications

In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …

Commercial Codification As Negotiation, David Frisch

Law Faculty Publications

Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …

A Comparative Study Of The Motivations And Academic Self-Concept Of Midlife Male Graduate Students With Those Of Midlife Female, Early Adulthood Male, And Early Adulthood Female Graduate Students, Scott Brewer Clift

UNF Graduate Theses and Dissertations

This study was designed to compare midlife male graduate students with midlife female, early adulthood male, and early adulthood female graduate students in terms of their motivations for returning to higher education and their academic self-concept as returning students. Data were gathered, using Boshiers's Education Participation Scale (1995) and Drummond's Academic Self-Concept Scale (1984), from graduate students at a comprehensive, urban, southeastern, public university of approximately 10,000 students. The 426 graduate student participants were enrolled in three colleges (Business, Education, and Health) at the university.

Multivariate analysis of variance (MAN"OVA), univariate analysis of variance, and multiple comparison tests results indicate …