Digital Commons Network^™

The Tongan Pentecost Of 1834 : A Revival In The Kingdom Of Tonga : A Possible Key For Renewal And Unity For The Tongan Church Today, Manase Koloamatangi Tafea

ATS Dissertations

No abstract provided.

An Evaluation Of Brethren In Christ Preaching Using Hermeneutical Principles Distilled From An Inductive Interpretive Methodology, Glenn Edward Pfeiffer

ATS Dissertations

No abstract provided.

The First Constitutional Tort: The Remedial Revolution In Nineteenth-Century State Just Compensation Law, Robert Brauneis

Vanderbilt Law Review

This Article traces the change in the remedial framework of nineteenth-century owner-initiated state constitutional just compensation litigation, and explores the relationship between that change and substantive changes in just compensation doctrine. Through the Civil War, owners complaining of government-sanctioned seizure of their property brought common-law tort actions against whomever might be held liable under ordinary tort and agency law. Defendants in those suits claimed that some piece of legislation altered tort law to shield them from liability for their acts. Plaintiff owners responded that the legislation on which defendants relied was void, because it purported to authorize acts that amounted …

Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke

Faculty Scholarship

The Magaziner Report encourages the development of a consistent commercial law environment against which electronic commerce transactions may take place. The author considers the current legal landscape, noting that while many efforts are underway to codify aspects of electronic commerce, these efforts are piecemeal in nature and may lead to the very lack of uniformity against which the Magaziner Report counsels. The author then briefly considers what lessons may be learned from the drafting history of the original U.C.C. as well as proposed Article 2B (now the Uniform Computer Information Transactions Act) governing transactions in computer information. She argues that …

Chief Justice Holmes On The Science And Art (And Politics) Of Judging, David J. Seipp

Faculty Scholarship

Oliver Wendell Holmes, Jr. (1841-1935), twenty-fifth Chief Justice of Massachusetts, needs no introduction to the readers of this journal. Son and namesake of one of America's most popular writers, he was at twenty-four a Civil War hero wounded three times in battle, and at forty a lawyer-scholar whose book of lectures The Common Law would win him international renown. At sixtyone he began three decades as the Great Dissenter on the U.S. Supreme Court, where he exposed the economic theory underpinning the dominant freedom-of-contract ideology. Between 1882 and 1902-between early promise and later fame-he served on the Supreme Judicial Court …

Embeddability Of Pseudoline Arrangements And Point Configurations To Eucliean Plane, Javid Huseynov

Theses

The present thesis explores embeddability (realizability) properties of pseudoline arrangements, perhaps, the most important mathematical structures in computational geometry. The underlying theme is the use of combinatorial representation of arrangements vs. usual geometric representation to approach the embeddability problem. The combinatorial representation chosen is that of counterclockwise systems (CCsystems) introduced by D.E. Knuth in 1992. CC systems were defined as sets of ordered triples of points that incorporate and obey counterclockwise relations on points in the plane. If a CC system can arise from actual points in the plane, it is called realizable. Not all CC-systems are realizable in plane, …

Tourists' Satisfaction Levels On Destination Facilites Of Phuket And Thier Potential Interest In Casino Gambling, Narathip Naina

Theses

This study measured international tourists' satisfaction levels on destination facilities of Phuket, Thailand. It also attempted to inquire if there was a potential interest in casino gambling among them as the issue of casino legalization in Thailand has been raised and discussed widely during the past few years. The purpose of the study is to better understand how destination facilities of Phuket performed in the eyes of international tourists and if they are attracted to casino gambling as an added activity they might participate in in the setting of Phuket. . A brief overview of Thailand's tourism industry and current …

Reliability And Validity Of The "Organizational Team Survey" When Used At The Level Of Line-Workers, Satoko Murata

Theses

Not provided.

Assessing Career Value Of Hospitality Management Curriculum From Program Alumni, James Reid

Theses

The purpose of this study was to investigate the assessment of hospitality management baccalaureate program alumni from New York Technical College (NYCTC) as being a valuable resource to the Hospitality Management curriculum assessment effort . Through the development of an alumni questionnaire, participants in this study were asked to rate individual courses of their curriculum (both core and elective) by the degree of value each course had been in terms of usefulness to their career development and/or relevance to meeting the demands of their current positions. Although the questionnaire response rate was less than desirable, it is stressed that survey …

Team Learning In A Undergraduate Setting In Croatia, Marvin Deitz

Theses

This study focused on team learning at an undergraduate school environment. The researcher focused on a city in Croatia called Dubrovnik. The school is American College and consists of English speaking students that are composed of mostly Croatian descent. These students are Hospitality and Tourism majors and are eventually going to help the tourism economy after they graduate. This research contrasted student's performance in one individual lesson plan in two different classes. One class is presented the material through the traditional lecture and the other class is presented the material through teams and collaborative learning. The two classes were given …

Telephony-Based Email Application, Perdana Darta

Theses

The aim of this project is to provide user to gain access of telephony services such as placing an outgoing calls, answering calls, playing back an announcement to the callers, recording caller's messages, playing back recorded messages and finally establishing a dial up connection to send the recorded message to an e-mail address. To do that, the application will be implementing and combining some of Windows Application Programming Interface (API) functions as follows : 1. Telephony Programming Interface (TAPI) ver. 1.4. 2. Multimedia Control Interface (MCI Visual Basic 6's Multimedia control). 3. Remote Access Service (RAS API) 4. Messaging Application …

Review Of The Year Books Of Richard Ii: 1382-1383 By Samuel E. Thorne & George F. Deiser, Eds., David J. Seipp

Faculty Scholarship

Of the making of Year Books there is no end. Three scholarly enterprises - the Rolls Series, Selden Society, and Ames Foundation - have undertaken to provide modern editions and translations of medieval English Year Books, the law French reports of oral pleading and judicial dialogue in lawsuits heard in the Common Bench and other common law courts. The present volume fills a gap in the most recent of these efforts, that of the Ames Foundation of Harvard Law School to print the surviving manuscript Year Books of the reign of Richard 11 (1377-1399). This volume, the sixth year of …

Properties Of An Aluminum Based Multilayered Material Versus Package And Processing Performance, Eoin De Roiste

Theses

Due to a manufacturing issue within the company the lack of knowledge of a key material is highlighted. Research into the material is conducted under seal testing and mechanical properties. The material is multilayered, with aluminium foil as its core plus is top coated and has a sealant layer as its bottom coating. Background literary review commences with a chronological assessment of packaging down through the ages and culminates with details on multilayered materials, concentrating on the type of material being researched. A test plan details the research requirements. Seal testing consists of burst and peel testing of the material …

Characteristics Of Prosperity: Building Tourism On A Solid Foundation - Frankenmuth, Michigan, Annette Rummel

Theses

Not provided.

An Analysis Of Folding Carton Stock For Frozen Fish Sticks, Benjamin L. White

Theses

Waxed solid bleached sulfate paperboard and polyethylene coated paperboard were compared for the purpose of containing frozen fish sticks. The main emphasis focused on the safety of the board in regards to the migration of particles from either the wax or the polyethylene. The results showed that the polyethylene coated "SBS" or the polyethylene coated solid unbleached sulfate are probably the best ways to package frozen fish sticks and fillets.

Dropout Prevention Among Chicano/Latino Students : The Effectiveness Of Group Counseling, Rene Mesa

Master's Theses

No abstract provided.

The Internet, Securities Regulation, And Theory Of Law, Tamar Frankel

Faculty Scholarship

Rarely has a change in the environment affected society as dramatically as the Internet. It has transformed the way we retain, transfer, and exchange information. At minimal cost, the Internet offers us far more information at a faster pace than ever before. It enables us to interact around the globe with more people than at any time in the past. When such dramatic environmental changes occur, drastic changes in the law often follow. 1 The Internet affects the environment in which securities markets operate, and the laws that govern them. 2 The use of the Internet has already begun to …

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Review Of "Reason And Passion: Representations Of Gender In A Malay Society," By Michael G. Peletz, Sharon A. Carstens

Anthropology Faculty Publications and Presentations

Review of "Reason and Passion: Representations of Gender in a Malay Society" by Michael G. Peletz, published by University of California Press, 1996.

Property Rights And Land Use Controls: Balancing Private And Public Interests, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

Among the many competing interests in the field of land use controls, there is perhaps none more fundamental than the potential conflict between the rights of private property owners and the rights of the more general public. Indeed, at bottom land use controls can be viewed as limitations on the rights of private property owners in order to advance broader social concerns. Thus, though it is important to give attention to the variety of interest group conflicts in the land use field, any serious effort at "building cooperation across communities" must pay particular attention to the relationship of private and …

Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos

Scholarly Works

In this Article, Professor Lazos examines initiatives and referendums in which a majority is in a position to vote on the content of a minority's democratic civic standing. Case law fails to set forth a single test for judicial review; consequently, doctrinal and theoretical coherence in this area is nonexistent. Professor Lazos proposes a test that takes into account social dynamics and focuses on the impact of these measures. First, she examines outcomes over the last three decades of approximately eighty such initiatives and referendums, from the anti-integration movement of the sixties to today's ideological and cultural versions, such as …

Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos

Scholarly Works

The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …

Contract Construction And Interpretation: From The “Four Corners” To Parol Evidence (And Everything In Between), Keith A. Rowley

Scholarly Works

The pervasive use of computers has revolutionized both the practice of law and the conduct of business. Agreements once performed on the basis of an oral promise or a hand shake, at one end of the spectrum, or only following lengthy negotiations and exchanges of drafts of documents which had to be recreated from scratch at each stage, at the other, often are now governed by writings prepared with minimal effort, based on a computerized form used by a party to the contract, or its attorneys, in some prior deal. The ease of “block and copy” drafting of contracts and …

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel

Scholarly Works

Lawyers are said to travel in packs, or at least pairs, and in the popular parlance are often compared to hoards of locusts, herds of cattle, or unruly mobs. However, at least for purposes of assessing concerns with professionalism currently surrounding the bar and the public, whether attorneys are more or less social than other human animals does not matter. My point is simply that lawyers are social beings; like other human beings in social and occupational groups, lawyers behave largely in accordance with group norms, in much the same way peer pressure led Julian English toward juvenile delinquency in …

Glacial Deposits, Vol. 27, 1998-1999, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Public Health And Private Medicine: Regulation In Colonial And Early National America, Nissa M. Strottman

UC Law Journal

Historians are currently debating the role of regulation in eighteenth- and nineteenth century American public policy. Among the issues involved in this debate are the prevalence of regulation and the emerging distinction between private and public law. One historian, Morton Horwitz, has argued that the separation between private and public law, which resulted in less government regulation of commercial activities occurred early in the nineteenth century. In contrast, William Novak argues that regulation was pervasive in eighteenth- and nineteenth-century America, and that the split between private and public law did not occur until the 1870's.

This not addresses this historiographical …

In Defense Of Dissents, William J. Brennan Jr.

UC Law Journal

No abstract provided.

Quo Vadis, Prospective Overruling: A Question Of Judicial Responsibility, Roger J. Traynor

UC Law Journal

No abstract provided.

Strict Liability To The Consumer In California, William L. Prosser

UC Law Journal

No abstract provided.