Digital Commons Network^™

Hastings Community (Winter 1999), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Perceiving Organizational Conflict: The Effect Of Occupational Rank And Sex On Perceptions Of Conflict In The Workplace, Eric Hatcher

Masters Theses & Specialist Projects

In this study, perceptions of conflict were examined with respect to sex and occupational rank. The model for this study was Tjosvold's cooperation theory. Yet, unlike much of Tjosvold's work, I examined cooperation as a dependent rather than an independent variable. A reward-level pre-test was used to account for the predisposition to cooperate, and a mixed motive scale (post-test) was used to measure any differences in cooperation between occupational ranks and the sexes. Two hypotheses in this study were tested. First, in a between-rank conflict, supervisors were expected to view the conflict as competitive, while subordinates were expected to view …

Learning Efficiencies For Different Orthographies: A Comparative Study Of Han Characters And Vietnamese Romanization, Wi-Vun Taiffalo Chiung

Linguistics & TESOL Dissertations - Archive

In order to address the question of whether or not to abandon Han characters (Hanji), it is important to evaluate empirically the efficiency of Han writing. The purpose of this study is to compare the efficiency of learning to read and write in Hanji versus learning to read and write in phonemic writing systems, such as Vietnamese Chu Quoc Ngu (CQN) or Mandarin Bopomo. Three experiments were conducted in this study. The first experiment focused on a study of reading comprehension; the second one focused on a study of accuracy of writing dictation; and the last was a study of …

Patterns Of Variation In Size And Composition Of Greater Scaup Eggs: Are They Related?, Paul L. Flint, J. Barry Grand

Wilson Bulletin

No abstract provided.

A Critical Review Of The Law Of Business Loss Claims In Georgia Eminent Domain Jurisprudence, Charles M. Cork Iii

Mercer Law Review

The Georgia Constitution provides that "private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid." While the courts have recognized that a business is property within the meaning of the constitution, case law would rewrite this provision more or less as follows:

Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid, except that the business of a property owner may be partially taken or damaged without compensation, and except that the business of a property owner or tenant may be temporarily …

Engagement Letters In Transactional Practice: A Reporter's Reflections, D. Christopher Wells

Mercer Law Review

In recent years, lawyers have turned increasingly to written contracts, usually called "engagement letters," to memorialize their professional representations. This practice grows absent specific directives requiring such writings, apparently deriving from professional preference rather than mandatory rule. It grows also despite scant attention paid by law reviews and bar publications. Only infrequently do publications appear noting this practice or offering advice on drafting engagement letters. Even continuing legal education programs give them only occasional attention.

One of the most ambitious treatments of engagement letters came in 1997 from the State Bar of Georgia in the form of a report from …

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

• Sales
• Notes and Guarantees
• Secured Transactions
• Drafting Considerations
• Collection Issues
• Miscellaneous

Construction Law, Brian J. Morrissey, Timothy N. Toler

Mercer Law Review

The decisions rendered by the Georgia Supreme Court and Georgia Court of Appeals during this one-year survey period included a small opening in lender liability, a minimalist view of the requirements of evidence as it pertains to the law of fraud, an extensive discussion of the law of damages as it applies to construction contracts, and a harsh result because of failure to comply with the requirements of the mechanic's and materialmen's lien statute. This Article addresses these significant movements in the law and some of the reaffirmations of existing law in the construction field between June 1, 1998, and …

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations cases decided by the Georgia Supreme Court and the Georgia Court of Appeals during the survey period, twenty-seven are digested here. Possibly the most notable events of the survey period were pieces of legislation that were not enacted. A bill to restore direct appeals for certain domestic relations cases did not make it to the Governor's desk, and the Governor vetoed a bill that would have required trial judges hearing custody cases to consider the custodial elections of children between the ages of twelve and fourteen. While the Georgia General Assembly otherwise focused on ways to …

Legal Ethics, Roy M. Sobelson

Mercer Law Review

This Article covers the rules, cases, ethics opinions, and other matters decided by the Georgia Supreme Court, the Georgia Court of Appeals, and a federal district court between June 1, 1998, and May 31, 1999, that have most affected, or may affect, Georgia lawyers. Many eyepopping headlines about lawyers and their profession filled the survey period. Although very few of the underlying cases made or changed any substantive law, they may well have substantially altered the landscape of lawyering, creating or illuminating various pitfalls and land mines.

One Georgia lawyer, disbarred for murdering his landlord, avoided the death penalty only …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The City Attorney served (in those days) simultaneously as Judge of the Recorder's Court. On convening that court one Monday morning, he was shocked to see one of the community's most prominent citizens before him, charged with "drunk and disorderly."

I inquired as to the type of plea he wished to enter. Evidently having heard of "nolo contendere" but not remembering the exact nature or pronunciation of the plea, the citizen responded: "I would like to plead low profile."

The "law" of local government, both decisional and statutory, frequently fosters a similar sentiment.

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period June 1, 1998 through May 31, 1999. Most of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. When appropriate, this Article will discuss briefly how the amendments that appear in the Revised Probate Code of 19981 will affect the issue under discussion.

The Indian Passenger Car Market: Outlook For Maruti, Sooraj Bhat, Puneet Dhamija

IIMB Management Review

The Indian passenger car industry was, until the 80s, the domain of the Ambassador. In December 1983, the first car rolled out from Maruti's plant at Gurgaon, marking the beginning of a revolution in the Indian automobile industry. Today, Maruti boasts almost 80% of the market share by volume. But in the new liberalised regime, with increasing competition including that of several world class players in the market, Maruti no longer commands a monopoly. Sooraj Bhat and Puneet Dhamija study the industry and Maruti's practices and conclude that unless they are able to change with the changing market and adhere …

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

I-Dna-Fication, Personal Privacy, And Social Justice, Eric T. Juengst

Chicago-Kent Law Review

No abstract provided.

Osha Reform: An Examination Of Third Party Audits, Anne T. Nichting

Chicago-Kent Law Review

No abstract provided.

Wsu Research News, Winter 1999, Office Of Research And Sponsored Programs, Wright State University

WSU Research News

A twelve page newsletter of the WSU Research News. The WSU Research News was published monthly beginning in June of 1968 and issued by the Office of Research Development. This newsletter was created to provide information to the WSU faculty about the availability of outside funds for research and educational programs, new developments that may affect availability of funds, and general information on research and educational activities at Wright State University.

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …

Life After Adarand: What Happened To The Metro Broadcasting Diversity Rationale For Affirmative Action In Telecommunications Ownership?, Leonard M. Baynes

University of Michigan Journal of Law Reform

The United States Supreme Court severely restricted affirmative action policies in Adarand Constructors, Inc. v. Pena. In this opinion, a majority of the Court held that all state or federally mandated affirmative action programs are to be analyzed under strict scrutiny. This test requires affirmative action programs to meet a compelling governmental interest and be narrowly tailored.

Adarand raised issues concerning the validity of the Federal Communications Commission's affirmative action ownership policies. Previously, the Court in Metro Broadcasting, Inc. v. FCC found the FCC minority ownership policies constitutional under a lower (intermediate) standard of review. In Adarand, the Court …

Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin

University of Michigan Journal of Law Reform

Federal law requires that Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs) provide Medicare beneficiaries with specific grievance and appeal rights for challenging adverse decisions of these organizations. The Health Care Financing Administration (HCFA) is charged with enforcing these regulations. Currently, however, HCFA contracts with HMOs, allowing them to enroll Medicare beneficiaries despite the fact that many of the statutory and regulatory requirements are ignored by the Medicare HMOs. This is problematic because the elderly Medicare population may not be able to independently and adequately challenge the HMO's denial of care or reimbursement. Because HCFA has been reluctant and …

[Price Laboratory School] Newsletter, V10n4, December 1999-January 2000, University Of Northern Iowa. Malcolm Price Laboratory School

Malcolm Price Laboratory School Newsletter

Inside this Issue:
-- Defining Quality in Education
-- PTP Salutes Price Laboratory School Employees
-- American Education Week November 15-19
-- The 1999 NUHS Homecoming Celebration - Reincarnating an old NUHS tradition: Coronation
-- Fitness Friday
-- PLS Trivia
-- Physical Education for Progress (PEP Act)
-- Parent Advisory Council Minutes of November 2, 1999
-- Minutes Educational Equity Advisory Committee (EEAC) September 13, 1999
-- Minutes Educational Equity Advisory Committee (EEAC) October 11, 1999
-- PLS/NUHS PTP MEETING MINUTES - November 2, 1999
-- Polish Professors and Students Visit Price Lab/UNI on Exchange Program
-- Announcements from John …

Reflections On Teaching Law As Right Livelihood: Cultivating Ethics, Professionalism, And Commitment To Public Service From The Inside Out, Laurie A. Morin

Tulsa Law Review

No abstract provided.

Women And Work: An Analysis Of The Sociological And Historical Trends Of Maternity Leave Policies In The U.S., Gina M. Schrader

Honors Theses

This paper presents an analysis of maternity rights and regulations within the context of the Pregnancy Discrimination Act of 1978 and the Family Medical Leave Act of 1993. First, I will define the legislation while observing the sociological and historical significance of the legislation. Second, I will analyze maternity leave policies of the modern working environment and address the increasing involvement of women within the workforce. Finally, I will examine the needs that are unmet within current policies and the possible alternatives.

Présence Francophone, Numéro 53

Présence Francophone: Revue internationale de langue et de littérature

No abstract provided.

The Law Of Group Polarization, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

In a striking empirical regularity, deliberation tends to move groups, and the individuals who compose them, toward a more extreme point in the direction indicated by their own predeliberation judgments. For example, people who are opposed to the minimum wage are likely, after talking to each other, to be still more opposed; people who tend to support gun control are likely, after discussion, to support gun control with considerable enthusiasm; people who believe that global warming is a serious problem are likely, after discussion, to insist on severe measures to prevent global warming. This general phenomenon -- group polarization -- …

December 1, 1999 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Utb/Tsc This Week 1999-12, University Of Texas At Brownsville And Texas Southmost College. Office Of News And Information

UTB/TSC Archives - This Week Newsletter

No abstract provided.

Political Correctness, Stephen Morris

Cowles Foundation Discussion Papers

An informed advisor wishes to convey her valuable information to an uninformed decision maker with identical preferences. Thus she has a current incentive to truthfully reveal her information. But if the decision maker thinks the advisor might be biased in favor of one decision, and the advisor does not wish to be thought to be biased, the advisor has a reputational incentive to lie. If the advisor is sufficiently concerned about her reputation, no information is conveyed in equilibrium. In a repeated version of this game, the advisor will care.

The Dayton Its Demonstration Project: Simulating Existing Conditions, Jill A. Swaynos, Nikiforos Stamatiadis

Kentucky Transportation Center Research Report

The Miami Valley Regional Planning Commission is incorporating an Advanced Traveler Information System to alleviate real-time traffic problems associated with special events at the Ervin J. Nutter Center of the Wright State University. This study of the existing conditions is part of the evaluation plan and addresses two tasks: 1) documentation of the existing conditions; and 2) definition of measures of effectiveness. The existing conditions were depicted with the use of a computer simulation software package, Traffic Software Integrated System and separate scenarios were modeled for three existing conditions: ingress and egress for a special event and a major shopping …

Wright State University Libraries Access Newsletter December 1999, Wright State University Libraries

Access Newsletter

A four page newsletter created by Wright State University Libraries that addresses the current affairs of the Libraries.