Digital Commons Network^™

Estate And Gift Tax Effects Of Selling A Remainder: Have D'Ambrosio, Wheeler And Magnin Changed The Rules?, Ronald H. Jensen

Elisabeth Haub School of Law Faculty Publications

This article traces the evolving judicial interpretation of the “adequate and full consideration” exclusion found in section 2036. Part III examines the proper application of the “adequate and full consideration” exclusion to simple sales of remainders such as those involved in D'Ambrosio and Wheeler and concludes that the holdings in those cases are indisputably correct. It then analyzes the possible planning opportunities these decisions offer, particularly in light of section 2702. Part IV examines the effect of the D'Ambrosio trilogy on spousal elections. This Part outlines the potential gift and estate tax savings this device affords and then considers how …

Proving The Lie: Litigating Police Credibility, David N. Dorfman

Elisabeth Haub School of Law Faculty Publications

This essay proposes a wider scope for a somewhat timeworn discussion-specifically, that police mendacity and the need to deter this form of police misconduct go to the very heart of our criminal justice system and the need for trust in government and its processes, which search and seizure law and practice is only a small part. Being only a part of a much larger systemic societal problem, tinkering with search and seizure law and process alone will not heighten the police witness' respect for the oath.

Using Data Envelopment Analysis For Evaluating Alternative Software Development Process Configurations, Timothy R. Anderson, Peter K. Ghavami

Engineering and Technology Management Faculty Publications and Presentations

Summary form only given as follows. The goal of achieving better software depends on improvements in software development processes. This paper provides a nonparametric, quantitative methodology for evaluating alternative software development process configurations as a tool for process improvement. The methodology uses data envelopment analysis (DEA) for comparing the impact of varying degrees of software inspection on project schedule, cost and quality. Since every phase of the development process can be inspected at varying levels, a large number of process combinations become possible. Thus a manager's job to compare and select an efficient process configuration can become tedious. This is …

The Parent-Child Testimonial Privilege - Has The Time For It Finally Arrived, Amee A. Shah

Cleveland State Law Review

Academics and courts in the United States have been grappling with the issue of compelled parent or child testimony for more than twenty-five years. This article uses the bills of the late-1990s proposed in the House and Senate to analyze the parent-child privilege debate. First, this article will discuss the history of the parent-child privilege. Next, the proposed bills will be evaluated to determine their effectiveness in achieving their goals and in resolving the debate. This article will then discuss the effects that the passage or nonpassage of these bills (particularly the House bill) would have. Finally, this article proposes …

Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang

Cleveland State Law Review

The decision to undergo gene therapy in utero for the sake of a fetus should legally rest with the pregnant woman rather than the judiciary or the legislature. Part I of this article provides an overview of the current scope of gene therapy. Part II discusses previous court decisions that either granted or denied petitions for involuntary prenatal intervention. Part III analyzes three reasons why the courts should not impose gene therapy on pregnant women as the technology becomes available. First, a policy that mandates gene therapy would place an undue burden on pregnant women and violate the Equal Protection …

Election Of Chapter 7 Trustees Under The Bankruptcy Code , Darrell Dunham

Cleveland State Law Review

This article offers an analysis of the election of chapter 7 trustees. Part II the prior statutory scheme and the legislative history supporting the present statute. Part III examines the present statute, discussing the statutory requirements for the election of a chapter 7 trustee. Part IV discusses election procedures. The bankruptcy rules mandate a prescribed set of procedures for elections, including procedures for disputing the results of an election. These rules and the cases applying them are discussed in Part IV. In Part V, appellate reviewed is examined. This section analyzes questions such as standing and appealable orders. Finally, in …

International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone

Cleveland State Law Review

The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …

A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki

Cleveland State Law Review

This Note takes a closer look at the problems associated with transferring juveniles to adult court by focusing on Ohio's juvenile transfer statute. Part II begins with an analysis of the history of the juvenile court, including its establishment and evolution throughout time. It also includes an analysis of how the common interpretation of the original approach to juvenile crime has created an overly narrow view of how to deal with the problem today. Part III examines the latest crime statistics that reveal a significant drop in juvenile crime. This section also explores various alternative explanations for the apparent rise …

The Contribution Of Interaural Intensity Differences To The Horizontal Auditory Localization Of Narrow Bands Of Noise, Matthew H. Bakke

Dissertations, Theses, and Capstone Projects

Brief bursts of third-octave bands of noise (center frequencies at 0.5, 1.0, 2.0 and 4.0 kHz) and band pass noises with different degrees of low-frequency content (0.5 to 4.0 kHz, 1.0 to 4.0 kHz and 2.0 to 4.0 kHz) were recorded binaurally from 17 different horizontal locations (90 degrees on the left to 90 degrees on the right in 11.25 degree steps) one meter from the ears of an anthropomorphic mannequin (KEMAR) in an anechoic room and a reverberant room. The recorded sounds were processed by attenuating or removing interaural intensity differences and presented to five normally hearing subjects through …

Stravinsky's Serial "Mistakes", Joseph N. Straus

Publications and Research

In 1952, after the completion of The Rake's Progress, Stravinsky embarked on a remarkable voyage of compositional discovery. His late works differ from his earlier ones in striking and profound ways. During the final two decades of his life, every major work was almost shockingly new, right down to original, and ever-changing, principles of structural formation. The works in this period describe a succession of compositional firsts, including his first works to use a series (Cantata [1952], Septet [ 1953], Three Songs from William Shakespeare [1954]); his first fully serial work (In Memoriam Dylan Thomas [1954]); his …

After Legal Aid Is Abolished, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

The Structure And Procedures Of Hostage/Crisis Negotiation Units In United States Police Organizations, Robert Joseph Louden

Dissertations, Theses, and Capstone Projects

Hostage/Crisis negotiation was formally developed as a police function in the United States by the New York City Police Department in 1972–1973. The procedure has saved countless fives. There have also been many hostage/barricade situations which ended in disaster.

This study is an analysis of the hostage/crisis negotiation practices of 276 local, county and state police agencies in the U.S. which employ at least 100 sworn officers and utilize some standard system of negotiation for response to hostage and barricade situations. A four-page questionnaire developed specifically for the project provided data about policy matters, organizational configurations, and about the selection …

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

Faculty Scholarship

The idea of professional success,especially in the elite legal profession, as being closely linked to community or having corresponding value to the community has directly affected my view of individual lawyering. Excerpts reprinted in: Social Justice: Professionals, Communities and Law, 11 (Mahoney, Calmore, Wildman, eds., 2003); Lawyers Ethics and The Pursuit of Social Justice and Ethics 201 (Susan D. Carle, ed., 2005); Clinical Anthology, Readings for Live-Client Clinics, (2d Ed., A.J. Hurder, et al., eds., 2011).

Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya

Faculty Scholarship

The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …

Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers

Faculty Scholarship

It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied …

Entrenching Interests: State Supermajority Requirements To Raise Taxes, Max J. Minzner

Faculty Scholarship

At the opening of the 104th Congress, the new Republican majority imposed the first supermajority requirement "limited to particular cases" in the history of Congress. The unanswered question is whether the Rule is a good idea, particularly whether this Rule is well designed. The states have extensive experience with supermajority requirements for tax increases. This article attempts to answer the question of supermajority design. If alterations in the tax code are to be restricted, how should they be limited? To what type of bills should a supermajority requirement apply? At what level should the requirement be implemented? When and how …

Gagged But Not Bound: The Ineffectiveness Of The Rules Governing Judicial Campaign Speech, Max J. Minzner

Faculty Scholarship

This article argues that while the text and the history of the gag rule would seem to indicate that implied commitments are prohibited, candidates have a wide variety of methods available to signal voters how they might decide cases if they reach the bench. Courts have failed to recognize the importance of limiting speech other than traditional policy promises due to a failure to adequately consider the most important motivating factor behind the gag rule: providing litigants impartial adjudication. Because courts have not made this the primary consideration in the gag rule cases, speech occurs in campaigns that would otherwise …

Translating Legal Terms In Context, Antoinette M. Sedillo Lopez

Faculty Scholarship

This article reviews a number of Spanish/English legal dictionaries, evaluating the relative merits and features of each. Translating legal terms requires an understanding of both the legal context in which the term is used and the legal context in which the translation is intended. Thus, this review of legal dictionaries concentrates on evaluating the authors'/editors' understanding of how the terms are used in the two legal cultures, as well as in two different languages.

Serving Grief: Catholic Women And The Funeral Dinner, Valerie Ann Jones

Dissertations and Theses @ UNI

The purpose of this ethnographic study was to learn what the activity involved in a Roman Catholic funeral dinner meant to the women who prepared and served it. This study examined the intersection between women's socialization, voluntarism, and religion in order to develop an understanding of the women's motivations as well as to clarify how they see their work and their role in this work. In this study I summarized the interviews with 10 women and participated in two funeral dinners. I also actively participated in the Church's women's group during and after my field research. The observations together with …

Importance Of Convection And Damping On Rates Of Convergence For The Lax-Wendroff Method, Joseph Kolibal

Faculty Publications

It is well known that in solving steady state problems using hyperbolic time-stepping methods the intent is to drive the transients to zero as quickly as possible. In this paper the convergence to steady state of the Lax-Wendroff method applied to solving the equations of gas dynamics is analyzed for the Laval nozzle problem by comparing the relative rates of damping and convection using a linearized eigenmode analysis. This analysis is developed for the simpler isenthalpic system and then extended to the full Euler equations. Finally, this allows a comparison between these systems. For both models, useful analytical information can …

Sociolinguistic Analysis Of The Discourse Of Selected Women In Power, Alla V. Yelyseieva

Theses and Dissertations

No abstract provided.

The Effects Of 16kda Prolactin On Renal Hemodynamics And Fluid And Electrolyte Excretion In The Male Rat, Natalie D. Beiswenger

Theses and Dissertations

No abstract provided.

Appraisal Of Knowledge And Attitudes About Farm Safety Among Agricultural Producers In South Central North Dakota, Ramona Eisenbarth

Theses and Dissertations

No abstract provided.

Immunization Status And Factors Associated With Compliance, Tawnya D. O'Keefe

Theses and Dissertations

No abstract provided.

Timing Of Ondansetron And Effect On Time To Discharge In Laparoscopic Surgery, Christopher H. Paris

Theses and Dissertations

No abstract provided.

Modeling Two-Phase Flow Behavior At Near Vacuum Pressures, Charles Hawkinson

Theses and Dissertations

No abstract provided.

Lactation Clinic Utilization : Impact On Breastfeeding Experiences, Susan Nokleby

Theses and Dissertations

No abstract provided.

Whitebark Pine (Pinus Albicaulus) Decline And Restoration In Glacier National Park, Kristopher T. Peterson

Theses and Dissertations

No abstract provided.

An Examination Of Attitudes Toward Diversity, Value Of Diversity In The Work Place, And Preparedness For Cultural Competence Training Of Healthcare Providers In A Northern Canadian Rural Setting, Brenda L. Halabisky

Theses and Dissertations

No abstract provided.