Digital Commons Network^™

Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez

SMU Law Review

No abstract provided.

The Government Contractor Defense: Breaking The Boyle Barrier, Charles E. Cantú, Randy W. Young

Faculty Articles

The government contract defense, known as the Boyle defense, shields those successfully invoking it from liability for injuries caused by defective products they manufactured. The contract specification defense is afforded to both private and government contractors when they follow the directions and specifications of a third party, usually the employer.

The first element of the Boyle defense requires that the government approve reasonably precise specifications for the equipment’s design. The contractor must show that a team-like effort existed in all communications between the contractor and the government, with the government providing general specifications and approval at various stages of project …

The Ethics Of Communicating With Putative Class Members, Vincent R. Johnson

Faculty Articles

The ethical prohibition against contact with represented persons is an exacting rule. It carries with it the threat of serious consequences, including, but not limited to, attorney discipline, disqualification of counsel, and inadmissibility of evidence obtained in violation of its terms. However, there are still important unresolved questions relating to the interpretation of the rule, including its proper operation in class action litigation.

Following analysis, the various rationales offered in support of the rule fail to justify an application of the contact ban to communications with unnamed putative class members during the pre-certification period of class action litigation. Absent a …

Law’S Alienation: Furies And Nomoi And Bears (And Nuns), Emily A. Hartigan

Faculty Articles

The inclusion of spirit in the law is necessary because the exclusion of the spirit from the law separates the law from its dynamic source of animation. The inclusion of the spirit or spirituality with the law will better allow the United States to craft laws and policies designed to address undocumented workers and illegal aliens.

Even Socrates wrote about the separation of spirit and the law when he wrote about the Nomoi and the Furies; however, he also discussed his Daemon, an inner voice enters into dialogue with the Nomoi, the law. This inner voice that was essential for …

American Family Law: History -- Whostory, Ana M. Novoa

Faculty Articles

Family law should be rooted in preserving and protecting intimate relationships; instead, it is rooted in preserving those domestic systems that created or expanded the economic empire of the "Founding Fathers," the white males of the colonial northeast. This northeastern colonial perspective continues to underpin most of the basic assumptions in family law. Concurrently, with the increased privatization of the cooperative virtues, Americans have developed an excessive preoccupation with self and a cult of consumerism.

Consumerism has driven American society toward increased individualism and narcissism. A by-product of the increased individual-consumer culture is the mistaken belief that our personal values …

Virtue And Criminal Negligence, Kyron J. Huigens

Articles

No abstract provided.

Sense Of Duration, Lucie Noel Thune

Theses and Dissertations

The following writings contain different segments about the concept of time. To best describe certain feelings and thoughts concerning my ideas and work I have used poetry and short stories in a prosaic manner. I also felt it necessary to include some historic facts about the history of time and its measuring devices.

The Identity Quest In Margaret Laurence’S The Diviners, Markus Hornburg

Dissertations and Theses @ UNI

This thesis is designed to explain and explore the Canadian identity quest as it appears in Margaret Laurence's novel The Diviners. It consists of three chapters and a conclusion to sum up the main aspects of the quest. The thesis gives an overview on Canadian history and therefore puts every reader into the position to understand the accompanying details which are so important to understand what is going on in this huge country. I deal with political, social and cultural surroundings in Canada and prepare the ground for the literary history. The literary history of Canada, as it will-through The …

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Baseline Data Collection On Anxiety And/Or Depression In Female Open Heart Surgery Patients 55 Years And Older, Cathy D. Devincenzi

Theses and Dissertations

No abstract provided.

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

Partial Entrenchment Of A Bill Of Rights: The Canadian Model Offers A Viable Solution To The United Kingdom's Bill Of Rights Debate, Vincent P. Pace

Connecticut Journal of International Law

For three decades the United Kingdom has debated whether or not to adopt a bill of fights.' The United Kingdom does not have a constitution that codifies fundamental rights and entrenches these rights from government encroachment. Instead, precedent, customs, conventions, and Acts of Parliament collectively safeguard basic rights.3 Parliament, by simple majority approval, maintains the power to modify or repeal rights guaranteed by any of these sources. The judiciary cannot protect fundamental fights from executive or legislative encroachment because judges in the United Kingdom do not possess the power of judicial 4 review.

This debate has generated considerable controversy because …

The Threat Or Use Of Nuclear Weapons: Discernable Legal Policies Of The Judges Of The International Court Of Justice, Kazuomi Ouchi

Connecticut Journal of International Law

By a letter dated 19 December 1994, the Secretary-General of the United Nations officially communicated to the Registrar of the International Court of Justice the decision taken by the General Assembly of the United Nations to submit the question of the legality of the threat or use of nuclear weapons to the Court for an advisory opinion. The General Assembly noting, inter alia, that Article 96, paragraph 1, of the United Nations Charter empowers the General Assembly to request the Court to give an advisory opinion on any legal question, decided to request the Court to urgently render its advisory …

Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt

Connecticut Journal of International Law

Part one of this article attempts to demonstrate through a microeconomic framework how the legal, economic, and cultural forces underlying the Japanese financial system impact the funding of venture businesses in Japan. In a venture finance market, the microeconomic decisions of entrepreneurs and venture investors determine how much capital is ultimately supplied to finance venture businesses. Investors, the suppliers of capital to a venture market, seek to ensure the highest possible payback on investment by maximizing expected returns. Rational entrepreneurs, on the demand side of the market for venture capital, seek the use of investor capital to pursue income-generating opportunities …

Building An International Criminal Court For The 21st Century, Bryan F. Macpherson

Connecticut Journal of International Law

This article proposes significant, yet realistic, enhancements to the proposed court's jurisdictional scheme that could vastly increase its usefulness without undermining valid national interests. The proposed court could exercise jurisdiction over certain serious international crimes provided that the affected states have filed declarations accepting the court's jurisdiction over the crime. The proposal assumes that states would file declarations prospectively accepting the court's jurisdiction. In theory, this would set up an international criminal justice system that would operate without requiring any further state consent. However, states also wish to reserve the right to try international criminals in their own courts. The …

The Role Of Specific Plant Organs And Polar Auxin Transport In Correlative Inhibition Of Leafy Spurge (Euphorbia Esula) Root Buds, David P. Horvath

Leafy Spurge Database

No abstract provided.

Fecal Nirs For Predicting Percent Leafy Spurge In Diets, John W. Walker, D.H. Clark, Scott D. Mccoy

Leafy Spurge Database

No abstract provided.

Quinclorac Ester Toxicity And Metabolism In Leafy Spurge (Euphorbia Esula) Soil Systems: Effects Of Foliar Vs. Soil Applications, Donald G. Rusness, Janice K. Huwe, Gerald L. Lamoureau

Leafy Spurge Database

No abstract provided.

Identification, Pathogenicity And Comparative Virulence Of Fusarium Spp. Associated With Diseased Euphorbia Spp. In Europe, Anthony J. Caesar, Gaetano Campobasso, Gianni Terragitti

Leafy Spurge Database

No abstract provided.

Overt And Relational Aggression In Russian Nursery-School-Age Children: Parenting Style And Marital Linkages, Craig H. Hart, David A. Nelson, Clyde C. Robinson, Susanne Frost Olson, Mary Kay Mcneilly-Choque

Faculty Publications

Maternal and paternal parenting styles and marital interactions linked in childhood aggressive behavior as described in Western psychological literature were measured in an ethnic Russian sample of 207 families of nursery-school-age children. Results corroborated and extended findings from Western samples. Maternal and paternal coercion, lack of responsiveness, and psychological control (for mothers only) were significantly correlated with children's overt aggression with peers. Less responsiveness (for mothers and fathers) and maternal coercion positively correlated with relational aggression. Some of these associations differed for boys versus girls. Marital conflict was also linked to more overt and relational aggression for boys. When entered …

The Star-Spangled Banner Forever Be Furled: The Mormon Exodus As Liberty, Richard Bennett

Faculty Publications

You wanted to know what we waited to move for, wrote Sidney Tanner, an early Mormon pioneer, to his family in the East. "It was to go to a land of freedom where we could enjoy the peace of society and our liberty. We did not want to live in a country where there was no peace, no liberty and its citizens [were] not allowed their rights." So much has been written about the Mormon Trail that one wonders if there is anything of consequence to be said. Surely all the prominent details are well known. And were it not …

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.

A Literature Review Of Stratagies And Laws That Shape The Education Of Students With Learning Disabilities, Chere Cross

Theses and Dissertations

No abstract provided.

Nitric Oxide Synthase Expression In Bone Cells., Sw Fox, Jmw Chow

School of Biomedical Sciences

No abstract provided.

The Balance Between Activation And Inhibition In Stereotype Use, Na Wyer, Dl Hamilton

School of Psychology

No abstract provided.

Prevalence Of Microalbuminuria In People With Type 2 Diabetes Mellitus In The Turtle Mountain Band Of Chippewas, Diana Lafontaine

Theses and Dissertations

No abstract provided.

Variations In Health Promotion Practices Among Adult Hutterites, Ladean Morford

Theses and Dissertations

No abstract provided.

Gangs : Myth Or Reality : An Examination Of The Gang Phenomenon In A Metropolitan City In A Rural State As Presented By The Regional News Print Media, Gerard Kottenbrock

Theses and Dissertations

No abstract provided.

Prolactin Immunomodulation : Signaling To Pim-1mrna Expression, Joshua S. Krumenacker

Theses and Dissertations

No abstract provided.

The Effect Of Age And Gender On Length Of Hospitalization Of Coronary Artery Bypass Graft And Cardiac Valve Patients, Jacqueline Devine-Leiran

Theses and Dissertations

No abstract provided.