Digital Commons Network^™

The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs

Faculty Scholarship

The Author provides a history and overview of peremptory challenges and their relationship with challenges for cause. Part I of the Article outlines the various types of state statutes and state case law related to the mandatory or permissive use of peremptory challenges to correct perceived error in deciding challenges for cause.

Part II includes a discussion of the current law of error analysis in the federal courts and recent trends in that area of law. Part III consists of a review of the Supreme Court case law involving error analysis and peremptory challenges. This Part examines the specific situation, …

Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty

Faculty Scholarship

In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …

Lassoing Legal Software, Pat Newcombe

Faculty Scholarship

In Texas, a statute prohibiting the unlicensed practice of law dates back to the Depression. Overseeing this statute is the Unauthorized Practice of Law (UPL) Committee, a state judicial panel formed to investigate and prosecute companies and individuals who practice law without a license. In 1998, the panel brought charges against Iowa-based Parsons Technology Inc., publisher of Quicken Family Lawyer. The committee claimed the software was designed in a manner that crossed the line of practicing without a license. They alleged that the software program, which features Harvard University law professor Arthur Miller guiding users through the steps to produce …

Web Regulation Battles Heat Up, Pat Newcombe

Faculty Scholarship

This Article discusses the implications for publishers, libraries, and the public regarding a ruling issued in June by a judge who ruled that a federal agency's attempt to regulate publishers of online newsletters and software was unconstitutional. That same month in Texas, Governor George W. Bush signed legislation that overturned a ban on self-help legal software in the state. In both cases, the forces in favor of deregulation and freedom of speech on the Internet prevailed against those in favor of government regulation and licensing. Federal regulators were told they could not force publishers and software producers--in this case, of …

Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin

Faculty Scholarship

This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …

A Professional Competency Survey Of Organizational Consultants In San Diego County, Angie Mays Edd

Dissertations

The purpose of this study was to gain a clearer understanding of the rapidly growing field of Organizational Consulting. Specifically, this research focuses on developing profiles of various types of organizational consultants in San Diego County. The types of profiles considered included: Executive Coaches, Feedback Specialists, Motivational Speakers, Trainers, Educators, and Consultants. The research topics examined included: background and professional preparation of consultants, professional resources utilized, interventions most commonly used, and level of job satisfaction. A descriptive survey was employed to aid in the investigation. The questionnaire consisted of questions revised from Waller's (1988) national survey of training consultants, and …

Newsnotes

Vincentian Studies

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

The Right To Counsel In Collateral, Post-Conviction Proceedings, Daniel Givelber

Maryland Law Review

No abstract provided.

Methods In Historical Ecology: A Case Study Of Tintic Valley, Utah, Jeffrey A. Creque, Neil E. West, James P. Dobrowolski

Wildland Resources Faculty Publications

Through use of repeat photography, archival research, and field observation to reconstruct landscape vegetation patterns and changes across a 120 year period in the upper Tintic Valley of central Utah, researchers found significant changes in landscape vegetation pattern over time, including change in pinyon-juniper woodland area. Previously reported massive woodland harvest associated with early mining, domestic and agricultural activities elsewhere in the Intermountain West also took place in Utah. The impact on woodland area of the agricultural "bull" fence alone was significant. More recent study area woodland expansion also occurred. Because intensive industrial activity associated with development of the Tintic …

In Defense Of The Imprecise Definition Of Commercial Speech, Nat Stern

Maryland Law Review

No abstract provided.

Hayekian Socialism , Richard A. Epstein

Maryland Law Review

No abstract provided.

The Tort Liability Regime And The Duty To Defend , Ellen S. Pryor

Maryland Law Review

No abstract provided.

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

Maryland Law Review

No abstract provided.

Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

Magnificent Failure Revisited: Modern Maryland Constitutional Law From 1967 To 1998, Dan Friedman

Maryland Law Review

No abstract provided.

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Faculty Scholarship

Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?

In …

B.R. Wells Rice Research Studies 1997, R. J. Norman, T. H. Johnston

Arkansas Agricultural Experiment Station Research Series

No abstract provided.

Armstrong Academics Winter/Spring 1999, Armstrong Atlantic State University

Armstrong State University Collections: Armstrong Academics (Archived)

No abstract provided.

Litmag 1998-99, University Of Missouri-St. Louis

Litmag

Litmag’s goal is to nurture the creativity of the students, staff, and alumni of UMSL by increasing awareness of diverse literary and artistic talent. We aim to provide an inclusive, professional, and high-quality publication free of charge to UMSL and the local community

Annual Report 1998 Bank Of Latvia, Latvijas Banka/Central Bank Of Latvia

Documents

No abstract provided.

Virginia Dental Journal (Vol. 76, No. 3, 1999)

Virginia Dental Journal

No abstract provided.

Virginia Dental Journal (Vol. 76, No. 1, 1999)

Virginia Dental Journal

No abstract provided.

Chakravarti V Advertiser Newspapers: Lessons For Journalists, Rhonda Breit

Graduate School of Media and Communications

The lower courts are now interpreting the High Court's judgement in Chakravarti v Advertiser Newspaper Ltd, which was handed down in May 1998. As the lower courts grapple with the decision, journalists must still produce reports of complex legal matters. Unfortunately for Australian journalists, the Chakravarti decision has done little to clarify the uncertainty surrounding defamation law. In fact, the decision can be criticised for increasing that uncertainty. This article examines the effect of the Chakravarti case on journalism by analysing the text of the various judgements and: extracting the legal principles which bind journalist; identifying areas where the persuasive …

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Attitudes Toward Sexuality And Spiritual Well-Being Among Nazarene Pastors In The English-Speaking Caribbean, Rhonda L. Carrim

ATS Dissertations

No abstract provided.

Developing And Implementing A Christian Marriage Enrichment Program For Chinese Immigrants, David J. Wu

ATS Dissertations

No abstract provided.

Corne And Crucifixes: An Analysis Of Animistic Elements In Italian Folk Catholicism, Raymond K. Smith

ATS Dissertations

No abstract provided.