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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. …

Lawyer For Empowerment: Community Development And Social Change, Daniel S. Shah

Clinical Law Review

Since legal scholarship first portrayed community development as a paradigmatic field for lawyers to participate in affecting collective empowerment, lawyers in legal service organizations, law firms, and law school clinics have increasingly engaged in community development practice. Through the representation of community based organizations working to combat the conditions of urban poverty, community development law practice seeks to affect social change for inner city residents through neighborhood revitalization, affordable housing development, and community economic development. How do the processes of community development affect its intended beneficiaries? To what extent does the involvement of lawyers affect the practice, structure, and goals …

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 …

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 …

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.

The American Courtroom Trial: Pop Culture, Courthouse Realities, And The Dream World Of Justice, David Ray Papke

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 …

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 …

End Matter, Byu Studies

BYU Studies

No abstract provided.

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.

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 …

What Explains Wage Differences Between Union Members And Covered Nonmembers?, Edward J. Schumacher

Health Care Administration Faculty Research

An individual covered by a collective bargaining agreement but who is not a union member is estimated to earn about 13% lower wages than a union member. Sectors with relatively few covered nonmembers are associated with a large coverage differential, while sectors with high proportions of covered nonmembers are associated with small differentials. This suggests freeriders either weaken the bargaining position of the union or weak bargaining positions increase the incentive to freeride. Only a modest amount of this differential is accounted for by unmeasured ability, the probationary period associated with newly hired union workers, or union status misclassification.

Stratigraphy And Tectonics Of Tertiary Strata Of Southern Cache Valley, North-Central Utah, R. Q. Oaks Jr., K. A. Smith, Susanne U. Janecke, M. E. Perkins, W. P. Nash

Geosciences Faculty Publications

Southern Cache Valley occupies one of several large north-trending valleys in the northeastern part of the Basin and Range Province. It lies between the Wellsville Mountains in the west and the Bear River Range in the east. Paleozoic rocks exposed in the two mountain ranges dip easterly adjacent to the north part of the study area and in a narrow horst along the valley center in the south, but curve to a northerly dip in the southwest. A complex depositional and tectonic evolution of Tertiary strata in southern Cache Valley was determined in this study. Detailed photogeologic and field mapping, …

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.

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 …

Nineteenth-Century Orthodoxy, Richard B. Collins

Publications

No abstract provided.

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

Publications

No abstract provided.

A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe

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 …

No Vehicles In The Park, Pierre Schlag

Publications

No abstract provided.

The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner

Publications

No abstract provided.

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

Publications

No abstract provided.

Report On The Implementation Of The Richmond Academy, Nora Alder, Terry Brown

MERC Publications

The purpose of this report is to describe the Richmond Academy as it had been implemented in its opening semester and to make recommendations for subsequent semesters. This report begins with a review of the literature that focuses on evaluations of similar alternative settings. Next, a description of the methodology used in this report is outlined. A description of the basic components of the Richmond Academy follows the methodology. Finally, recommendations for the future of the Richmond Academy are made.

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.