Digital Commons Network^™

Plus Ca Change . . . Or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This article is part of a symposium on constitutional law, the theme of which is to explore real constitutional issues deriving from specific cases within a fictional exercise. These cases, all taken from the historical record, are described as they were litigated but with imaginary elements (such as changes in fact or outcome) designed to explore the constitutional ramifications of an altered history. Thus, each altered history represents "a road not taken" in legal jurisprudence, and in the manner of chaos theory, suggests how constitutional law today (if not reality itself) might appear once specific details of the historical record …

"Statutory Nondelegation": Learning From Florida's Recent Experience In Administrative Procedure Reform, Jim Rossi

Vanderbilt Law School Faculty Publications

In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn from Florida's experience. Part Il of this Article discusses rulemaking authority under the Federal AP A and the more restrictive approach many states take to ensure that agencies are accountable to the legislature in proposing rules. Some states, including Pennsylvania, have endorsed what I will term 11 statutory nondelegation 11: This is a judicially-adopted or APA-imposed clear statement requirement, suggesting that courts …

Second Generation Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Connor

Vanderbilt Law School Faculty Publications

In his 1963 article in the Stanford Law Review, "Choice of Law and the Federal System," Professor William F. Baxter criticized the choice-of-law approach of the First Restatement of the Conflict of Laws. According to the Restatement, courts should apply the law of the state where the last act or event deemed necessary to create a cause of action occurred. In contrast, Baxter advocated a comparative-impairment approach, whereby judges were obligated to apply the law of the state whose public policy would suffer the greatest impairment if its law was not applied. The authors contend that although Baxter's approach caries …

Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to tax fairly all cultures within the purview of taxation must also find their values reflected. The article sets out how the tax laws might begin to incorporate black culture.

Hibernia Turbeville, Windle Turley

SMU Law Review

No abstract provided.

Corporate Counsel: Roles And Liabilities - An Essay For Professor Walter Steele, Marc I. Steinberg

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Scott F. Wendorf

SMU Law Review

No abstract provided.

The Development Of A Noncommercial Community Television Delivery System: A Model For Small Rural Community Colleges, Rudolf H. Timmerman

Theses and Dissertations

Information can empower as well as unite people. A primary source of information was found to be the media, specifically television. The literature indicated that in rural areas the information provided by the media was not germane to the residents and, considering the rather broad mission of community colleges, the investigator proposed the development of a noncommercial television delivery system using the assets of the college. It was further hypothesized that this development could serve as a model for other rural colleges. While the literature supported the proposition that local television access had a positive effect on the community, little …

A Quaker Understanding Of Jesus Christ, Arthur O. Roberts

Quaker Religious Thought

No abstract provided.

Confronting The Demonic Quality Of The Death Penalty , James Hannon

Quaker Religious Thought

No abstract provided.

The Pilgrim Gospel: The Old Testament As A Theology Of The Journey, David J. Pederson Phd

Faculty Publications and Presentations

No abstract provided.

Functional Outcome Measures Following Isometric Quadriceps Strengthening In Individuals With Knee Osteoarthritis, Rochelle Cibor, Damon Collier, Kris Cooper

Masters Theses

The purpose of this study was to determine if the strength gained from the performance of a six week isometric training program for the quadriceps femoris would result in improvements in the disability level, strength, pain, stiffness, and functional abilities of patients with knee osteoarthritis (OA). Twelve subjects with symptomatic knee OA were randomly assigned to either control or experimental groups, with the experimental group completing a six week isometric program. Pre- and post-test measures included strength assessment on the Biodex and completion of the WOMAC Osteoarthritis Index. Results indicate that experimental subjects had significant improvements in strength and disability …

Sinmap 2.0 - A Stability Index Approach To Terrain Stability Hazard Mapping, User's Manual, Robert T. Pack, David G. Tarboton, C. N. Goodwin

Civil and Environmental Engineering Faculty Publications

SINMAP 2.0 (Stability Index MAPping) is an ArcGIS 9.0 plug-in that implements the computation and mapping of a slope stability index based upon geographic information, primarily digital elevation data. This report describes the theoretical basis for the calculation of the stability index, describes the implementation, presents several case studies and describes use of the accompanying software. SINMAP has its theoretical basis in the infinite plane slope stability model with wetness (pore pressures) obtained from a topographically based steady state model of hydrology. Digital elevation model (DEM) methods are used to obtain the necessary input information (slope and specific catchment area). …

Potential For Aquifer Storage And Recovery In Box Elder And Cache Counties, Richard C. Peralta, Tom Lachmar, Mariush Kemblowski

Civil and Environmental Engineering Faculty Publications

Groundwater artificial storage and recovery (ASR) has become a favorable means in the arid west to store water produced in excess of need during winter months for use in drier times of the year. ASR may be accomplished by injection of suitable water into the groundwater system via wells to be pumped out later, or by recovery of seepage via wells from surface water impoundments or infiltration networks. This report will present pertinent hydrogeologic information for the location of an artificial groundwater storage and recovery project in Utah's northeastern Box Elder County.

Aicpa Annual Report 1998-99; Stepping Into The Future; Year In Review, American Institute Of Certified Public Accountants

AICPA Annual Reports

No abstract provided.

Annual Report 1999, American Institute Of Certified Public Accountants. Sec Practice Section. Public Oversight Board

AICPA Annual Reports

No abstract provided.

Visionaire 30: The Game Louis Vuitton Switzerland, Stephen Gan, Cecilia Dean, James Kaliardos, Greg Foley, Louis Vuitton

Visionaire

1 cube puzzle (16 pieces) : color illustrations ; 20 x 20 cm + 1 case (21 x 21 x 8 cm) + 1 box + (20 x 20 x 6 cm) +1 portfolio (20 x 20 cm), A cube puzzle that can form six possible images. A portfolio entitled: The key to the puzzle" containing [86] pages of images relating to sports and games (color ; 20 x 20 cm) accompanies the puzzle. Title from page [1] of images in portfolio. Title on inside of cardboard box: Visionaire 30 The game, 1999-2000. "Visionaire 30 is not only a collection …

How Deep The Platonism? A Review Of Owen And Mosser's Appendix: Hellenism, Greek Philosophy, And The Creedal “Straightjacket” Of Christian Orthodoxy, Roger D. Cook

Review of Books on the Book of Mormon 1989–2011

Cook addresses the following issues raised by Owen and Mosser: Did Greek philosophy cause an apostasy in the early Christian church? How deeply Hellenized were the early Jewish converts of Christianity? Philosphy and the Hellenization of Christianity, and Early Judaic and Christian beliefs concerning God and theosis.

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Utah Law Review

Victims are very angry at the treatment they receive in our criminal justice system and I have tried to show that they have a right to be angry. Unfortunately, anger is not a good basis on which to make important public policy decisions and it contributes to the increasing harshness we see in our system. Crime is a serious problem in all western countries and politicians have to get elected in these countries as well. But we need to ask ourselves why judges and lawyers in other countries have been more successful in fending off calls for the death penalty, …

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Reintegrative Shaming In Corporate Sentencing, Jayne W. Barnard

Faculty Publications

No abstract provided.

International Comity And The Foreign Tax Credit: Crediting Nonconforming Taxes, Glenn E. Coven

Faculty Publications

No abstract provided.

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Faculty Publications

No abstract provided.

Speckle Observations Of Binary Stars With The Wiyn Telescope. I. Measures During 1997, Elliott P. Horch, Zoran Ninkov, William F. Van Altena, Reed D. Meyer, Terrence M. Girard, J. Gethyn Timothy

Articles

Two hundred seventy-seven position angle and separation measures of 154 double stars are presented. Three of the systems were previously unknown to be double, and 16 other systems were discovered earlier this decade by the Hipparcos satellite. Measures are derived from speckle observations taken with the Wisconsin-Indiana-Yale-NOAO (WIYN) 3.5 m telescope located at Kitt Peak, Arizona. Speckle images were obtained using two different imaging detectors, namely, a multianode microchannel array (MAMA) detector and a fast-readout CCD. A measurement precision study was performed on a sample of binaries with extremely well known orbits by comparing the measures obtained here to the …

The Type Ia Aupernova 1997br In Eso 576-G40, Weidong Li, Yulei Qiu, Q. Y. Qiao, Xiao-Hong Zhu, Michael W. Richmond, A. V. Filippenko, R. R. Treffers, C. Y. Peng, D. C. Leonard

Articles

The peculiar type Ia supernova SN 1997br in ESO576-G40 was extensively observed at Beijing Astronomical Observatory (BAO) and Lick Observatory. In this paper, we present and discuss the BV RI photometry and the spectra collected over three months, starting from 9 days before maximum brightness. The light curves of SN 1997br are similar to those of SN 1991T, with slow decline rates after the B maximum. Well sampled data before the B maximum show unambiguously that SN 1997br rises more slowly and has a wider peak than normal type Ia supernovae. The optical color evolution of SN 1997br is also …

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experi­ences, and reactions during trial as well as what they perceived to be the benefits and drawbacks of juror discussions. The data revealed that the majority …

Managing The Y2k Risk: Directors' And Officers' Liability For The Year 2000 Computer Bug, Barbara Elizabeth Warner

Dalhousie Journal of Legal Studies

The Year 2000 computer bug is more than a technical problem: it poses grave business risks and legal liabilities for a number of actors. In this article, the author examines the potential liability of corporate directors in Canada for Year 2000 problems affecting the corporations they serve. The article focuses on the duties imposed on directors under the Canada Business Corporations Act and the remedies available to shareholders in the statute. Additionally, the author draws an analogy between the potential defenses that may be available to directors targeted in Year 2000 litigation and the due diligence defense as it is …

An (In)Conceivable Question: Do Provincial Governments Discriminate Against The Infertile By Not Paying For Ivf And Icsi Services?, Kate Dewhirst

Dalhousie Journal of Legal Studies

Services such as in vitro fertilization (IVF) and intracytoplasmic spenn injection (ICSI) are not covered under most provincial health insurance plans. The case of Cameron and Smith v. Nova Scotia (A.G.), the Minister of Health, the Department of Health and the Administrator, Insured Professional Services is the latest attempt at finding a legal solution to at least some of the economic barriers infertile people face in seeking treatment. As neither IVF nor ICSI is covered by provincial health insurance, the plaintiff couple sued the Nova Scotia Minister of Health, the Department of Health, and the Administrator of insured Professional Services …

(Review) The Myth Of Adam Smith, Spencer J. Pack

Economics Faculty Publications

The Myth of Adam Smith, By Salim Rashid. Cheltenham, UK: Edward Elgar, 1998. Pp. X, 227. $80.00