Digital Commons Network^™

Mediocrity In Paradise: Review Of Mediocrity In Bad Colonists: The South Seas Letters Of Vernon Lee Walker & Louis Becke, Ed. Nicholas Thomas And Richard Eves., Therese Weber

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

It is common for documentary editors to defend the writings with which they are dealing as important in some historical or social sense. If the author of the work is famous, or the document very old, such a defense is easy. For less well known or more recent individuals, the editor will present a case for publication: the style of the writing is remarkable, or the documents bear witness to significant events, or they have value because the writer belonged to a particular, perhaps marginalized, section of society. Nicholas Thomas and Richard Eves, the editors of the letters of Vernon …

Nebraska Bird Review (December 1999) 67(4), Whole Issue

Nebraska Bird Review

Fall Field Report, August to November, 1999 ... 118

Species Accounts ... 120

Kids on Science (Humor) ... 139

1998 (Tenth) Report of the NOU Records Committee ... 141

Index for Volume 67: 1–4 ... 152

Fall Field Report, August To November, 1999, W. Ross Silcock

Nebraska Bird Review

This season, partly due to the departure of my co-writer Joel Jorgensen and partly due to mental aging, I have shortened the species accounts by including only data that add to our current knowledge base. I will not routinely list early and late dates and peak counts for each species unless they are significant; readers should refer to past issues of NBR for guidelines as to what are early or late dates and high counts. Observers are, however, urged to report early and late dates and high counts of all migrant species; it is difficult to know if a sighting …

Hastings Community (Winter 1999), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

9th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, David G. Epstein, Kenneth N. Klee, Paul H. Asofsky, Beverly M. Burden, Lawrence P. King, Charles P. Normandin, John J. Jerome, Taft A. Mckinstry, Joan Lloyd Cooper, G. Ray Warner, Gerald K. Smith

Continuing Legal Education Materials

Materials from the 9th Biennial Judge Joe Lee Bankruptcy Institute held December 1999.

Uis Bulletin, Volume 45, No. 1/2, 1999, Pavel Bosák

UIS Bulletin

Contents: The 13th International Congress of Speleology in Brasilia D.F., Brazil, July-August 2001 -- Errata and Changes -- News from Member-Countries -- Information from the UIS Bureau -- Speleological Federation of European Community -- From Commissions and Working Groups -- Call for Historical Study of the UIS Organisation -- Höhlenkundliche Monographien des deutschen Sprachraumes -- Addresses of Web Pages -- Book Reviews -- New Books Available -- Obituaries -- Note of Editor

Response Of A Bird Assemblage In Semiarid Chile To The 1997-1998 El Nino, Fabian M. Jaksic, Ivan Lazo

Wilson Bulletin

No abstract provided.

A Critical Review Of The Law Of Business Loss Claims In Georgia Eminent Domain Jurisprudence, Charles M. Cork Iii

Mercer Law Review

The Georgia Constitution provides that "private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid." While the courts have recognized that a business is property within the meaning of the constitution, case law would rewrite this provision more or less as follows:

Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid, except that the business of a property owner may be partially taken or damaged without compensation, and except that the business of a property owner or tenant may be temporarily …

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

• Sales
• Notes and Guarantees
• Secured Transactions
• Drafting Considerations
• Collection Issues
• Miscellaneous

Construction Law, Brian J. Morrissey, Timothy N. Toler

Mercer Law Review

The decisions rendered by the Georgia Supreme Court and Georgia Court of Appeals during this one-year survey period included a small opening in lender liability, a minimalist view of the requirements of evidence as it pertains to the law of fraud, an extensive discussion of the law of damages as it applies to construction contracts, and a harsh result because of failure to comply with the requirements of the mechanic's and materialmen's lien statute. This Article addresses these significant movements in the law and some of the reaffirmations of existing law in the construction field between June 1, 1998, and …

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations cases decided by the Georgia Supreme Court and the Georgia Court of Appeals during the survey period, twenty-seven are digested here. Possibly the most notable events of the survey period were pieces of legislation that were not enacted. A bill to restore direct appeals for certain domestic relations cases did not make it to the Governor's desk, and the Governor vetoed a bill that would have required trial judges hearing custody cases to consider the custodial elections of children between the ages of twelve and fourteen. While the Georgia General Assembly otherwise focused on ways to …

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a number of cases raising significant evidentiary issues. Most notable is the continuing evolution of the necessity exception to the rule against hearsay. During the survey period, the Supreme Court added a third prong to the test for the admission of evidence pursuant to the necessity exception, and thus seemingly narrowed the scope of the exception. However, the court also expanded the circumstances that constitute the "unavailability" of a witness. The net effect seems to be an expansion of the necessity exception.

Legal Ethics, Roy M. Sobelson

Mercer Law Review

This Article covers the rules, cases, ethics opinions, and other matters decided by the Georgia Supreme Court, the Georgia Court of Appeals, and a federal district court between June 1, 1998, and May 31, 1999, that have most affected, or may affect, Georgia lawyers. Many eyepopping headlines about lawyers and their profession filled the survey period. Although very few of the underlying cases made or changed any substantive law, they may well have substantially altered the landscape of lawyering, creating or illuminating various pitfalls and land mines.

One Georgia lawyer, disbarred for murdering his landlord, avoided the death penalty only …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The City Attorney served (in those days) simultaneously as Judge of the Recorder's Court. On convening that court one Monday morning, he was shocked to see one of the community's most prominent citizens before him, charged with "drunk and disorderly."

I inquired as to the type of plea he wished to enter. Evidently having heard of "nolo contendere" but not remembering the exact nature or pronunciation of the plea, the citizen responded: "I would like to plead low profile."

The "law" of local government, both decisional and statutory, frequently fosters a similar sentiment.

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period June 1, 1998 through May 31, 1999. Most of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. When appropriate, this Article will discuss briefly how the amendments that appear in the Revised Probate Code of 19981 will affect the issue under discussion.

The Indian Passenger Car Market: Outlook For Maruti, Sooraj Bhat, Puneet Dhamija

IIMB Management Review

The Indian passenger car industry was, until the 80s, the domain of the Ambassador. In December 1983, the first car rolled out from Maruti's plant at Gurgaon, marking the beginning of a revolution in the Indian automobile industry. Today, Maruti boasts almost 80% of the market share by volume. But in the new liberalised regime, with increasing competition including that of several world class players in the market, Maruti no longer commands a monopoly. Sooraj Bhat and Puneet Dhamija study the industry and Maruti's practices and conclude that unless they are able to change with the changing market and adhere …

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

I-Dna-Fication, Personal Privacy, And Social Justice, Eric T. Juengst

Chicago-Kent Law Review

No abstract provided.

Osha Reform: An Examination Of Third Party Audits, Anne T. Nichting

Chicago-Kent Law Review

No abstract provided.

Keynote Address: Commons And Code, Lawrence Lessig

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jury Trials In The Heartland, Stephen E. Chappelear

University of Michigan Journal of Law Reform

In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief that juries are modern day Robin Hoods, empirical data suggests that their verdicts are lower than commonly believed.

A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott

University of Michigan Journal of Law Reform

The Internal Revenue Code provides guidelines for states to create and maintain college tuition savings programs which offer federal tax benefits to investors. Several states have enacted tuition savings plans in accordance with these guidelines. In addition to the federal tax benefits allowed, New York offers a state tax deduction to New York residents who invest in its plan, the New York College Choice Tuition Savings Program. New York does not offer the deduction, however, to residents who invest in comparable programs offered by other states. The tax deduction thus creates an incentive for residents to invest in the in-state …

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …

Life After Adarand: What Happened To The Metro Broadcasting Diversity Rationale For Affirmative Action In Telecommunications Ownership?, Leonard M. Baynes

University of Michigan Journal of Law Reform

The United States Supreme Court severely restricted affirmative action policies in Adarand Constructors, Inc. v. Pena. In this opinion, a majority of the Court held that all state or federally mandated affirmative action programs are to be analyzed under strict scrutiny. This test requires affirmative action programs to meet a compelling governmental interest and be narrowly tailored.

Adarand raised issues concerning the validity of the Federal Communications Commission's affirmative action ownership policies. Previously, the Court in Metro Broadcasting, Inc. v. FCC found the FCC minority ownership policies constitutional under a lower (intermediate) standard of review. In Adarand, the Court …

Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin

University of Michigan Journal of Law Reform

Federal law requires that Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs) provide Medicare beneficiaries with specific grievance and appeal rights for challenging adverse decisions of these organizations. The Health Care Financing Administration (HCFA) is charged with enforcing these regulations. Currently, however, HCFA contracts with HMOs, allowing them to enroll Medicare beneficiaries despite the fact that many of the statutory and regulatory requirements are ignored by the Medicare HMOs. This is problematic because the elderly Medicare population may not be able to independently and adequately challenge the HMO's denial of care or reimbursement. Because HCFA has been reluctant and …

What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf

University of Michigan Journal of Law Reform

Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning women, and by starting down a slippery slope with devastating consequences. This Note proposes legislation that …

Popular And Highbrow Literature: A Comparative View, Peter Swirski

CLCWeb: Comparative Literature and Culture

In his article, "Popular and Highbrow Literature: A Comparative View," Peter Swirski discusses the role and status of popular fiction in contemporary culture. Starting with the basic question, "Who needs popular fiction?," he surveys select sociological evidence and prevailing aesthetic arguments in order to take stock of the ways in which highbrow literature and popular fiction relate to each other. He begins with statistical and socio-economic data which casts a different lights on many myths prevailing in scholarship as well as in general social and cultural discourse, such as the death of the novel, the alleged decline of the reading …

Melanoma Chondroitin Sulphate Proteoglycan Regulates Cell Spreading Through Cdc42, Ack-1 And P130Cas, Kathryn M. Eisenmann, James B. Mccarthy, Melanie A. Simpson, Patricia J. Keely, Jun-Lin Guan, Kouichi Tachibana, Louis Lim, Ed Manser, Leo T. Furcht, Joji Iida

Department of Biochemistry: Faculty Publications

Melanoma chondroitin sulphate proteoglycan (MCSP) is a cell-surface antigen that has been implicated in the growth and invasion of melanoma tumors. Although this antigen is expressed early in melanoma progression, its biological function is unknown. MCSP can stimulate the integrin-α4β1-mediated adhesion and spreading of melanoma cells. Here we show that stimulated MCSP recruits tyrosine- phosphorylated p130cas, an adaptor protein important in tumor cell motility and invasion. MCSP stimulation also results in a pronounced activation and recruitment of the Rho-family GTPase Cdc42. MCSP-induced spreading of melanoma cells is dependent upon active Cdc42, a Cdc42-associated tyrosine kinase (Ack-1) and tyrosine phosphorylation of …

Women And Work: An Analysis Of The Sociological And Historical Trends Of Maternity Leave Policies In The U.S., Gina M. Schrader

Honors Theses

This paper presents an analysis of maternity rights and regulations within the context of the Pregnancy Discrimination Act of 1978 and the Family Medical Leave Act of 1993. First, I will define the legislation while observing the sociological and historical significance of the legislation. Second, I will analyze maternity leave policies of the modern working environment and address the increasing involvement of women within the workforce. Finally, I will examine the needs that are unmet within current policies and the possible alternatives.

Présence Francophone, Numéro 53

Présence Francophone: Revue internationale de langue et de littérature

No abstract provided.