Digital Commons Network^™

Paleontology Paleoecology And Depositional Environments Within The Upper Triassic (Norian) Carbonate Strata Of The Antimonio Formation Northwest Sonora Mexico, David H. Goodwin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor

Scholarly Articles

Our article considers whether the existence of a global banking market has resulted in the convergence of bank supervisory policy among different nationally-based regulatory regimes. In particular, we consider whether regulatory authorities in the United States and Great Britain, as providers of regulatory services, compete on the basis of the "net regulatory benefit" (NRB) that they provide to their respective regulatees, i.e., banks. After a detailed examination of the history of bank regulation in the US and UK, we observe that there is no clear trend towards convergence by competition. We find that, while regulatory competition may play an important …

Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi

Scholarly Articles

The Supreme Court has repeatedly noted that ballot and election regulations raise difficult questions about the interplay between the First Amendment's heightened protection for political speech, and states' need to regulate ballots and elections to ensure fair and orderly democracy. When making the delicate judgments between protecting political speech and allowing states to regulate elections, the Court has traditionally stated precisely which test it was employing to evaluate individual restrictions. Last Term, in Buckley v. American Constitutional Law Foundation, the Court invalidated several of Colorado's restrictions on the signature-gathering process for ballot initiative petitions. In so doing, the Court failed …

Judicial Decision-Making In The Age Of Biotechnology, George P. Smith Ii

Scholarly Articles

The major premise, minor premise, and conclusion of this Article are one and the same - for, they conduce to an acceptance of the fact that the social constructs and legal tools necessary for the modern judiciary to meet head-on and deal with the contentious issues of bioethics and biotechnology are already in place. To resolve problems arising from these potential quagmires, perhaps the major concern is for the courts to remain forever vigilant to the interlinking relationships or synergistic forces found in law, science, ethics, and medicine. Without vigilance and enhanced awareness of the dynamic and fluid situation here, …

Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson

Scholarly Articles

This article analyzes the Medical Savings Account (MSA) program, and critiques its impact on the retirement and health care systems. The MSA program is an experimental health care program created by The Health Insurance Portability and Accountability Act of 1996. The program allows a limited number of small employers and self-employed individuals to establish MSAs during an experimental period. MSA funds may be used for medical expenses, or carried forward and accumulated tax-free as retirement savings. The underlying purpose of the MSA program is to reduce the cost of medical care by providing consumers greater incentives to be sensitive to …

Machine Tool Accuracy Characterization, Error Modeling And Compensation Using Telescopic Ballbar And Laser Interferometer, Yalcin M. Ertekin

Doctoral Dissertations

"This dissertation presents the results of the research investigation on the machine tool accuracy characterization, error modeling and error compensation using telescopic ballbar and laser interferometer. Increasing demand for both higher machine tool accuracy and machining tolerances has resulted in a great need to measure and characterize the accuracy of NC machine tools and minimize machine tool induced errors on machined components before manufacturing parts, instead of inferring it from parts already machined. Using a telescopic magnetic ballbar, the results of the accuracy assessment of an old Bridgeport Series I CNC 2 1/2 axes vertical machining center are presented in …

Teaching Writing With A Capital T: Rethinking Writing Workshop In The Middle, Marcy Taylor

Language Arts Journal of Michigan

No abstract provided.

Rebroadcast Rights: The Coming Battle In The War Between The Networks And The Affiliats, Harland R. Schreiber

Vanderbilt Journal of Entertainment & Technology Law

This Note will analyze the present rebroadcast dispute, examining the legal and practical issues that will arise and recommend how the parties should proceed in the controversy. The analysis will place this controversy within the larger context of how networks and affiliates are attempting to redefine their roles in the television industry.

The first section will address the history of networks and affiliates and how their relationships have changed as technology has advanced. The second section will then place the present controversy regarding cable rebroadcasts within the framework of the larger industry. It will also address how the present controversy …

The Times They Are A Changin': How Technology Has Forced The Law To Deal With A New Era In Music Distribution, Mark Plotkin

Vanderbilt Journal of Entertainment & Technology Law

The United States has attempted to keep pace with emerging digital music distribution technology through its copyright law. However, the perfect quality, limitless geographical scope, and exponential growth of digital music delivery implicate the varied and conflicting interests of songwriters, performers, record companies, broadcasters, and the public. Reconciling the interests of these groups in digital music delivery has not been, and will not be, easy...

To understand how the 1995 Act and the DMCA change music licensing, one should be aware that, in general, two distinct copyrights exist for each song that is recorded: the song copyright and the sound …

The Architecture Of Privacy: Remaking Privacy In Cyberspace, Lawrence Lessig

Vanderbilt Journal of Entertainment & Technology Law

This is an essay about privacy. My aim is to understand privacy through these two very different ideas. Privacy, in the sense that I mean here, can be described by these two different ideas. It stands in competition with these ideas. It is that part of life that is left after one subtracts, as it were, the monitored and the searchable. A life where less is monitored is a life where more is private; and life where less can (legally or technologically) be searched is also a life where more is private. By understanding the technologies of these two different …

Phoenix Rising: Inside The Owner's Box With Counsel To Jerry Colangelo, J. S. Ruffner

Vanderbilt Journal of Entertainment & Technology Law

In late spring of 1987, I received a telephone call that changed my law practice. Jerry Colangelo, General Manager of the Suns since its arrival in Phoenix as an expansion NBA franchise in 1969, called me to discuss representing a group of investors he was putting together for the purchase of the franchise. At the time, the Suns franchise was the only major professional sports team in Arizona and had been very successful. Unfortunately, the reputation of the team, carefully nurtured from its arrival, recently had been tarnished by allegations and investigations concerning drugs. Jerry explained that the Tucson and …

Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory

Vanderbilt Journal of Entertainment & Technology Law

In clear cases of sexual harassment, it is easy and appropriate to punish improper, predatory behavior. In such cases, the victim will be compelled to report the abuse, and the school will be compelled to respond. But the athletic environment occupies the blurry periphery of conduct that violates personhood. Here, in the sports context, intimate contact is routine, whether in heated moments on the field or in the forced companionship on the road. There is an increased risk of sexual harassment because the very environment is characterized by close physical and emotional relationships as well as unequal power relations. Physical …

Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones

Law Faculty Publications

On April 22, 1998, the United States Supreme Court announced its decision in California v. Deep Sea Research, Inc., 1 a case of shipwreck salvage begun as a maritime action in rem. Because the Court does not often accept cases of admiralty and maritime law, its decision was eagerly anticipated by American maritime lawyers and constitutionalists, both for what it might say about the Eleventh Amendment and sovereign immunity in a federal system and how it might limit Congressional power to alter the general maritime law and admiralty jurisdiction. Also anxious for the Court's decision were the few maritime lawyers …

An Analysis Of Physicians' Reluctance To Follow Terminally Ill Patients' Advance Directives, Norma Poirier

Harold L. Hodgkinson Award for Outstanding Dissertation

This explanatory study examined the reasons why physicians have difficulty respecting the wishes of terminally ill patients who refuse treatment. Consistent with the relevant literature, three alternative explanations were hypothesized in answering the question: fear of litigation, religious beliefs, and medical professional values.

Evidence was gathered from three different sources. Semistructured interviews were carried out with 24 emergency physicians from the Moncton Area in the Canadian province of New Brunswick and submitted to both quantitative and qualitative content analysis. Nineteen cases of terminally ill patients whose wishes not to be treated were not respected were collected and submitted to content …

The Perception Of Arabs And Media's Influence, Abdou Nader

Dissertations and Theses @ UNI

The purpose of this study was to examine the perceptions of Arabs by American students. The study sought to answer three questions. These questions focused on the perceptions of Arabs by American students and the influence that mass media and specifically TV has on students.

The literature reviewed in this study indicated that historical events played an important role in shaping the current relations between Arabs and Americans. Further, the literature discussed the relationship between television exposure and the creation of consumer social reality and perceptions. According to the literature review, there was no conclusive evidence that media shaped stereotypes …

Estate Planning In North Dakota: The Basics Part 5: Gifts, Life Insurance And Annuities, Debra Pankow, Laurence M. Crane, Julie Schenfisch-Hudson

FE Series – Family Economics/HDFS

No abstract provided.

Feeding Barley To Dairy Cattle, Vernon L. Anderson, J.W. Schroeder

EB Series – Extension Bulletins

No abstract provided.

I Love You, Big Brother, Neal Devins

Faculty Publications

No abstract provided.

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Faculty Publications

No abstract provided.

Depression And Moral Health: A Response To The Commentary, Mike W. Martin

Philosophy Faculty Articles and Research

S. Nassir Ghaemi tells us that whereas "neurologists are sometimes accused of admiring disease rather than treating it," psychiatrists seek to cure disease even when they do not understand it. At the same time, he notes that Freud had both theoretical and practical interests that occasionally point in different directions, and psychiatrists have learned that theoretical understanding of the sources of suffering does not always translate directly into useful clinical practice. For their part, philosophers are often criticized for indulging in armchair speculation that yields neither empirical understanding nor practical efficacy. Writing as a philosopher in "Depression: Illness, Insight, and …

John Dewey, Art And Public Life, Mark Mattern

Political Science Faculty Articles and Research

This article explores, criticizes, and extends John Dewey's arguments about art in relation to public life in a democracy. Dewey believed that art is a potent form of communication through which community is developed and political action undertaken. Although correct, Dewey erased conflict, negotiation and contestation From art, and failed to address the crucial role of power in the world of art. Three distinct kinds of political action through art are developed: pragmatic, deliberative, and confrontational.

Witch Doctors And Battleship Stalkers: The Edges Of Exculpation In Entrapment Cases, John F. Preis

Law Faculty Publications

This Note examines the effects of a defendant's claim of lack of "positional disposition" (i.e., the inability to commit the crime unaided) to support an entrapment defense.

The solution to the positional predisposition dispute requires answering two questions. First, on what grounds should criminal ability be considered at all by a court in determining a defendant's predisposition? Second, if ability is probative of predisposition, what degree of inability should be required for exculpation? This Note argues that a defendant's criminal ability is probative of that defendant's predisposition, and further, that a defendant's inability should be exculpatory to the degree that …

Enclave Districting, Henry L. Chambers Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …

Beyond Admissibility: Real Confrontation, Virtual Cross-Examination And The Right To Confront Hearsay, John G. Douglass

Law Faculty Publications

Part I of this Article describes how the Court turned the Confrontation Clause into a rule excluding unreliable hearsay, culminating in the 1980 decision in Ohio v. Roberts, in which the Court set out the "general approach" that dominates confrontation-hearsay analysis today. Part II assesses the application of the Court's exclusionary rule in the two decades since Roberts, a period during which the Confrontation Clause largely has merged with, and disappeared into, the law of evidence, in the process losing its significance as an independent protection for the accused in an adversarial system. Part III argues that the Court's choice …

Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Choice Of Law In Kentucky, John R. Leathers

Kentucky Law Journal

No abstract provided.

Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond

Kentucky Law Journal

No abstract provided.

Judicial Independence: Rebuffing Congressional Attacks On The Third Branch, Stephan O. Kline

Kentucky Law Journal

No abstract provided.

Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen

Kentucky Law Journal

No abstract provided.

Cutting Deals In Smoke-Free Rooms: A Case Study In Public Choice Theory, David S. Samford

Kentucky Law Journal

No abstract provided.