Digital Commons Network^™

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

New Kinematic Models For Pacific-North America Motion From 3 Ma To Present, I: Evidence For Steady Motion And Biases In The Nuvel-1a Model, Charles Demets, Timothy H. Dixon

School of Geosciences Faculty and Staff Publications

We use velocities derived from 2–4.5 years of continuous GPS observations at 21 sites on the Pacific and North American plates along with a subset of the NUVEL-1A data to examine the steadiness of Pacific-North America motion since 3.16 Ma, the transfer of Baja California to the Pacific plate, and the magnitude of biases in the NUVEL-1A estimate of Pacific-North America motion. We find that Pacific-North America motion has remained steady since 3.16 Ma, but at rates significantly faster than predicted by NUVEL-1A. In the vicinity of Baja California, our GPS-derived model and recent seafloor spreading rates in the southern …

Designing And Teaching The Large Externship Clinic, Mary Jo Eyster

Clinical Law Review

The focus of this article is the design and teaching of the externship clinic, with a particular focus on the large and diverse program with a variety of placements. I will first review some of the traditional conceptions (and possibly misconceptions) of clinical programs, including both externship and other clinics. In Section I, I consider the range of goals that might be adopted, and how this choice will affect the overall design of the clinic, including choices of host offices and seminar design. Next, in Section II, I discuss a number of teaching methods that might be used in the …

Using Faculty Tutorials To Foster Externship Students' Critical Reflection, Harriet N. Katz

Clinical Law Review

"Supervision" is an issue of concern in externship pedagogy. Clinicians have focused over many years on the relationship between supervisor and student as a critical aspect of clinical legal education. Among the educational goals of clinical legal education, supervision is believed to have an important, though not uncomplicated relationship to teaching students to think critically about legal practice. Externships tend to separate the supervision functions between the placements and the campus, making coherent supervision challenging. In addition, externship faculty often have relatively large numbers of students. This essay explores one aspect of the resulting supervision/critique puzzle. Can student understanding of …

Writing, Reflecting And Professionalism, Michael Meltsner

Clinical Law Review

In this article, I present an approach to stimulating reflective writing that may interest law teachers looking to raise issues of professional values and clinicians seeking an alternative to the use of openended journal writing. The students whose experience will be described were enrolled in an experimental course on the legal profession, but the method employed may work equally well in a variety of clinical settings, whether externship or in-house clinics, or for that matter in other law school courses.

Designing An Extern Clinical Program: Or As You Sow, So Shall You Reap, Linda F. Smith

Clinical Law Review

The idea of offering an Extern (or Field Placement) Clinical Program can arise in one of three ways: 1) students may want certain "work" experiences for their educational or career advancement; 2) law offices or agencies in the community may seek students to do "volunteer work" with them; or 3) the faculty may conceive of experiences in the legal community as offering educational benefits that will complement or augment the existing curriculum. Whatever way the idea of an extern program arises, all three of the above contingencies must be fully considered and coordinated. Designing a field placement clinical program should …

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

Clinical Law Review

As a communications major in film and broadcasting, I took a film making course which required the production of a super 8mm film with an accompanying soundtrack. The film I produced was based on the lyrics, "You're my lawyer, you're my doctor, yeah, but somehow you forgot about me", from the song by Gil Scott Heron and Brian Jackson. These lyrics spoke to me of professionals who forget their communities or at least their communities' perspectives, needs, and sometimes their own roots. In turn, they are not respected and become despised for their indifference by those people who had different …

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Clinical Law Review

By nature I am a somewhat skeptical person. I do not trust much of what is in the papers, except perhaps the box scores contained in the sports section. Nor am I tempted to send away $19.95 plus shipping and handling for some cream which, when rubbed over the surface of my faded and rust-pitted car, is promised to magically restore the paint to its original condition. Yet when it comes to theories of Narrative and Client-Centered Representation, I believe with all my heart and soul. In fact, it is probably fair to say that these theories provide the two …

Learning To Fish, Fishing To Learn: Guided Participation In The Interpersonal Ecology Of Practice, Brook K. Baker

Clinical Law Review

My earliest memory of fishing is watching a bobber in the water. It's red and white, resting on the surface of the shimmering lake - and I'm watching it intently. I'm staring at the bobber because my father has told me that the bobber will let me know when a fish bites my worm. My father has impaled a ruddy brown night crawler on my fishhook - a gross but compelling piece of surgery to a five-year old. He then threw the hook, line, and sinker - plus bobber and worm - into the lake fifteen feet from the shore. …

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Clinical Law Review

In the summer before their first semester, most law schools encourage students to read a host of books to prepare for the enterprise ahead. While their friends are lying on the beach reading escape novels, prospective law students are reading such classics as The Nature of the Judicial Process and lighter fare about lawyering like The Buffalo Creek Disaster and A Civil Action. Come late August, first semester students are already tarrying to assimilate the lawyer's tools of logical analysis and seeking to absorb The Rule of Reason. Meanwhile, their friends are still at the beach, perhaps reading pop psychology. …

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Clinical Law Review

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …

Windfalls, Eric Kades

Faculty Publications

No abstract provided.

Patient Safety, Risk Reduction, And The Law, Larry I. Palmer

Faculty Publications

No abstract provided.

If You Don't Have Anything Good To Say..., Peter A. Alces

Faculty Publications

No abstract provided.

When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book

Faculty Publications

No abstract provided.

Foreign Affairs Power -- The Massachusetts Burma Law Is Found To Encroach On The Federal Government's Exclusive Constitutional Authority To Regulate Foreign Affairs. -- National Foreign Trade Council V. Baker, 26 F. Supp. 2d 287 (D. Mass. 1998), Angela M. Banks

Faculty Publications

No abstract provided.

Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks

Faculty Publications

No abstract provided.

Milan And The Development And Dissemination Of Il Ballo Nobile: Lombardy As The Terpsichorean Treasury For Early Modern European Courts, Katherine Tucker Mcginnis

Quidditas

"Le mosche d'Italia in una poppa, Volando in Francia, per verder i ragni...." In these lines, titled "Di Pompeo Diabone," the Milanese artist and poet Giovanni Paolo Lomazzo celebrated the Italian dancing masters who, lured like flies to the web of the spider, served in the courts of France. In the sixteenth century there were many Italians in France, including a large number of influential and prosperous dancing masters. In spite of obvious connections with Florence via Catherine de’ Medici, the majority came from Lombardy, an area long considered the center of il ballo nobile, the formalized social …

The Life And The Literary Reputation Of Margaret Cavendish, James Fitzmaurice

Quidditas

It might be said of the œuvre of Margaret Cavendish (1623–1673) and in loose, jocular paraphrase of Sigmund Freud that biography has been destiny. Certainly a great many people who study British literature today pay as much attention to the various, often brief, assessments of the life of the woman as to what she wrote. For those scholars who concentrate on canonical male writers of the seventeenth century, she remains as she has for the last fifty years or so—a colorful eccentric who goes by the nickname “Mad Madge.” She is, thus, sufficiently represented by the few poems, the snippet …

Isaiah In The Book Of Mormon Donald W. Parry And John W. Welch, Roger R. Keller

BYU Studies

Donald W. Parry and John W. Welch, eds. Isaiah in the Book of Mormon. Provo, Utah: Foundation for Ancient Research and Mormon Studies, 1998. x; 548 pp. Scripture citation index, index. $24.95.

Russia And The Restored Gospel Gary Browning, Kahlile Mehr

BYU Studies

Gary Browning. Russia and the Restored Gospel. Salt Lake City: Deseret Book, 1997. xxii, 377 pp. Index, chronology. $11.99.

Toward The Folkloristic Study Of Latter-Day Saint Conversion Narratives, Eric A. Eliason

BYU Studies

Frequently told among Latter-day Saints, conversion stories—both one's own or those of one's ancestors—constitute an important and overlooked genre at the core of Mormon narrative folklore.

Folded And Faulted Salt Lake Formation Above The Miocene To Pliocene New Canyon And Clifton Detachment Faults, Malad And Bannock Ranges, Idaho: Field Trip Guide To The Deep Creek Half Graben And Environs, Susanne U. Janecke, J. C. Evans

Geosciences Faculty Publications

Previous studies identified a major detachment terrane in southeast Idaho in the Oxford Ridge area of the Bannock Range. This study shows that these top-to-the-WSW detachment faults are late Cenozoic in age, not Mesozoic to early Tertiary as previously inferred. Provenance and facies patterns in the Miocene-Pliocene Salt Lake Formation in the Deep Creek supradetachment basin show that deposition was syntectonic to slip on the detachment faults. The highly extended Bannock detachment terrane likely persists north to the Snake River Plain and south into Utah. The breakaway for this system lies in the Portneuf Range to the east. At least …

Vol. 11 Num. 2 Farms Review Of Books, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

1999 Cornerstone, Northwestern College, Iowa

Yearbooks

No abstract provided.

Proceedings Of The Symposium On The Status, Management, And Conservation Of The Species Alectoris, Black Francolin, Thrush, Quail, And Turtle Dove In The Mediterranean Region, Nicos Kassinis, Panicos Panayides

Galliformes Specialist Group and Affiliated Societies: Reports and Other Materials

Proceedings of the International Council for Game and Wildlife Conservation, Symposium on the Status, Management, and Conservation of the Species Alectoris, Black Francolin, Thrush, Quail, and Turtle Dove in the Mediterranean Region held Octobe 8-10, 1999 in Lemesos, Cyprus.