Digital Commons Network^™

The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green

Faculty Publications

No abstract provided.

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 …

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 …

Decelerating Nazca-South America And Nazca-Pacific Plate Motions, Edmundo O. Norabuena, Timothy H. Dixon, Seth Stein, Christopher G. A. Harrison

School of Geosciences Faculty and Staff Publications

Space geodetic estimates of the rate of Nazca-South America convergence and Nazca-Pacific spreading averaging over several years show that present day rates are significantly slower than the 3 million year average NUVEL-1A model. The implied rates of deceleration are consistent with longer term trends extending back to at least 20 Ma, about the time of initiation of Andes growth, and may reflect consequences of ongoing subduction and construction of the Andes, e.g., increased friction and viscous drag on the subducted slab as the leading edge of South America thickens.

Lives Through The Looking Glass| The Diaries Of Three Nineteenth-Century American Women, Erin Kennedy Pelger

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, American University, Peter Jaszi, Ann Shalleck, Marlana Valdez, Susan Carle

Clinical Law Review

In this article we analyze the historical development of a supervised externship program at American University, Washington College of Law ("WCL"). We trace the origins of our particular pedagogic goals and program design to the history and culture of our institution, in the hopes that this form of self-reflection will be useful to others making their own choices about these matters. Through this self-study we have realized that - contrary to the way clinical literature often conceives of program development - we did not start by articulating a complete set of goals, around which we then built a program. Instead, …

[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 …

Unwritten Laws And Customs, Local Legal Cultures, And Clinical Legal Education, Andrea M. Seielstad

Clinical Law Review

As a clinical teacher I have the opportunity each semester to witness third-year law students discover, in many cases for the first time in their lives, what it means to be a practitioner of law. Through representation of real clients, student interns have the opportunity to engage in a variety of typical lawyering activities, such as interviewing and counseling of clients and witnesses, case planning, preparation of written pleadings and other documents, negotiation, and trial advocacy. Informed by a law school education that emphasizes the litigation process and the study of the written law, including certain areas of substantive law …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 3 (1999), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Windfalls, Eric Kades

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Review Essay: R. B. Dobson And J. Taylor. Rymes Of Robyn Hood: An Introduction To The English Outlaw, Julian Wasserman

Quidditas

R. B. Dobson and J. Taylor. Rymes of Robyn Hood: An Introduction to the English Outlaw. Gloucestershire: Sutton Publishing, Ltd., 1997. 332 pp.

Stephen Knight and Thomas Ohlgren. Robin Hood and Other Outlaw Tales. Kalamazoo, MI: Medieval Institute Publications, 1997. 723 pp.

Review Essay: Arthur Marotti, Ed. Catholicism And Anti-Catholicism In Early Modern English Texts, Eugene R. Cunnar

Quidditas

Arthur Marotti, ed. Catholicism and Anti-Catholicism in Early Modern English Texts. New York: St. Martin’s Press, 1999. 266 pp.

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 …

Review Essay: Confident Readings: Medieval And Early Modern (Christian) Spirituality And Its Recent Interpreters, Steven F. Kruger

Quidditas

Catherine M. Mooney, ed. Gendered Voices: Medieval Saints and Their Interpreters. Philadelphia: University of Pennsylvania Press, 1999. xiii + 277 pp.

Richard Rambuss. Closet Devotions. Durham and London: Duke Univer- sity Press, 1998. xiii + 193 pp.

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 …

1995-08-10, Susan E. Gunter

BYU Studies

No abstract provided.

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.

Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss

Publications

Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …

Health, Health Insurance And The Labor Market, Janet Currie, Brigitte C. Madrian

Faculty Publications

This chapter provides an overview of the literature linking health, health insurance and labor market outcomes such as wages, earnings, employment, hours, occupational choice, job turnover, retirement, and the structure of employment. The ®rst part of the paper focuses on the relationship between health and labor market outcomes. The empirical literature surveyed suggests that poor health reduces the capacity to work and has substantive effects on wages, labor force participation and job choice. The exact magnitudes, however, are sensitive to both the choice of health measures and to identi®cation assumptions. The second part of the paper considers the link between …

Nebraska’S Lodging Tax, Brian J. Hill

Faculty Publications

Like many states, Nebraska charges a tax on overnight lodging accommodations. Sometimes called a bed tax or occupancy tax, this levy is available on a county by county basis as desired by county commissioners or supervisors. As of 1996, 45 Nebraska counties opted to impose a lodging tax on their guests. That same year, total government revenues from the lodging tax were over $6 million. The funds gathered in this manner provide the funding for the Nebraska Division of Travel and Tourism and for county marketing efforts.

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

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.

Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter

Publications

According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …

Herd Behavior In Designer Genes, Peter H. Huang

Publications

The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …

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

Publications

No abstract provided.

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein

Publications

In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the "benefit" obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be …

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.

Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein

Publications

In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.

Copyright And "New-Use" Technologies, I. Trotter Hardy

Faculty Publications

No abstract provided.