Digital Commons Network^™

The Educational Nature Reserve Problem: Selecting A Prairie Reserve Location For The Kalamazoo Nature Center, Theresa M. Mau-Crimmins

Masters Theses

This study investigates a complex location-planning problem that is often faced by managers of nature centers: how to select sites on which to position new habitat reserves. Mission statements of these establishments often indicate objectives of habitat preservation and public education. Inherent in land preservation is a limited amount of traffic through the area. In contrast, in order for visitors to fully experience an ecosystem, access to the site is required.

In order to address site selection problems at such institutions, the Educational Nature Reserve Model was developed. This model fits situations in which the conflicting goals of conservation and …

Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno

Cardozo Law Review

No abstract provided.

The Estimation Of Rape Prevalence: A Reflexive Account Of The Construction And Pretesting Of A New Questionnaire, Edith Marie Fisher

Masters Theses

A review of the rape literature and current assessment suggests that research done in this highly sensitive area is especially vulnerable to response effects. Comparisons between studies is problematic due to vast differences in the conceptualizations of rape, the wording and context of the questions used to solicit data as well as the method of data collection. I created a new rape prevalence questionnaire with the intent of decreasing response effects. I conducted 15 semi-structured pretest interviews with female Western Michigan University students and three pilot tests, in which 30 telephone interviews were completed, 30 personal interviews were completed, and …

Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow

Federal Communications Law Journal

Asia's telecommunications market has long been viewed as lucrative and fast growing. As the benefits of a competitive telecommunications market become apparent, many Asian governments recognize that global corporations require, and in fact demand, state-of-the-art telecommunications infrastructure. After several years of strong growth, however, the severe economic crisis that affected all industry segments in Asia caused investors to pause and reevaluate the risks involved in financing infrastructure projects. Despite the recent Asian economic crisis, the overall picture for Asian telecommunications infrastructure projects remains promising. Asian governments continue to liberalize their regulatory schemes, thus reducing regulatory and political risks to investors. …

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …

Cable Internet Unbundling: Local Leadership In The Deployment High Speed Access, Marcus Maher

Federal Communications Law Journal

With the pending merger of TCI and AT&T and their promise of "one-stop" television, Internet, and telephone service, the cable Internet issues move to the forefront. The desire of traditional Internet Service Providers to gain access to new high-speed technologies for Internet access led to requests for unbundling or open access to cable systems. Despite the heated debate on the need for unbundling that has occurred at the federal level, local authorities have taken the lead in requiring open access to cable for competing ISPs. General anticompetitive concerns with cable Internet dominated by the cable company could be alleviated in …

Unity, Sovereignty, And The Interstate Recognition Of Marriage, Mark Strasser

West Virginia Law Review

No abstract provided.

Uncovering The Mystery Of Reading Recovery, Corinne Sue Satrom

Theses and Dissertations

No abstract provided.

Artimis Telephone Travel Information Service: Overall Public Awareness, Lisa Aultman-Hall

Kentucky Transportation Center Research Report

This report summarizes the results of a random telephone survey of households in the Greater Cincinnati and Northern Kentucky Area. The objective was to determine awareness of the traffic management center and its telephone travel information service. A secondary objective was to determine the public's preference for dialing and recalling phone numbers for travel information. The survey found that 39% were aware of a traffic management center while 55% were aware of a telephone traffic information service. Awareness varied by work location, household characteristics and personal attributes. Some households that could potentially benefit from the service were unaware of its …

Traffic Safety Issues Opinion Survey, Kenneth R. Agent, Jerry G. Pigman

Kentucky Transportation Center Research Report

In recent years there have been several laws both proposed and enacted in the Kentucky legislature which have dealt with various traffic safety issues. There has been discussion of various types of legislation which may be proposed in the 2000 Kentucky legislature. As a means of determining public opinion on specific traffic safety issues, a public opinion survey was conducted.

Reexamining The Role Of Illinois Brick In Modern Antitrust Standing Analysis, Jeffrey L. Harrison

UF Law Faculty Publications

This Article argues that it is time for either the Court or Congress to reexamine Illinois Brick for the purpose of reconciling it with more general principles of antitrust standing. The overall goals of such an endeavor would be to ensure consistent treatment of similarly situated potential plaintiffs and to rationalize private antitrust enforcement.

Southeast South Dakota Experiment Farm Annual Progress Report, 1999, Agricultural Experiment Station

Agricultural Experiment Station and Research Farm Annual Reports

Crop production was moderate to poor this season. Our climate was mild in terms of temperatures but precipitation was quite erratic. In fact the growing season was both extremely wet and dry. During the first half of the growing season we received 5 inches of rain above normal, and the last half was 4.5 inches below normal. Some fields in our area were too wet to plant or drowned out after planting. Strong wind and hail caused moderate to severe crop damage on July 2. Our last significant precipitation occurred on July 20. After that the rains stopped completely and …

Central Crops And Soils Research Station Highmore, South Dakota: Annual Progress Report, 1999, Agricultural

Agricultural Experiment Station and Research Farm Annual Reports

This document highlights 15 crop and soils research and demonstration projects conducted at the SDSU Central Crops and Soils Research Station at Highmore in 1999. It is published by the South Dakota Agricultural Experiment Station and the Plant Science Department. Reports in this document include information on: 100 years of research at Highmore Research Station, temperature and precipitation data, winter wheat breeding, cereal aphid control in winter wheat, oat research, crop performance results, soybean yields, weed control research.

Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Analysis Of Policy Issues Relating To Public Investment In Private Freight Infrastructure, Mti Report 99-03, Daniel M. Evans, Norman Kelley

Mineta Transportation Institute

The Norman Y. Mineta International Institute for Surface Transportation Policy Studies (IISTPS) at San José State University conducted this study to review the issues and implications involved in the investment of public funds in private freight infrastructure. After thorough legal research, the project team reached the following conclusions: LEGAL ANALYSIS: The California legislature has the legal power to invest public funds in privately-owned freight infrastructure projects State Highway funds, excepting gas tax revenues, may be used for investment in freight infrastructure projects. Gas tax revenues are restricted to highway use by current interpretations of the California Constitution. A challenge to …

California Vehicle License Fees: Incidence And Equity, Jennifer Dill, Todd Mitchel Goldman, Martin Wachs

Urban Studies and Planning Faculty Publications and Presentations

Most states tax the value of residents' motor vehicles. In recent political debates over the future of these levies, the relative effects of these taxes on different socioeconomic groups have been a prominent question. By linking data from the Nationwide Personal Transportation Survey with estimates of vehicle values from consumer vehicle pricing guides, the socioeconomic and demographic incidence of California's Vehicle License Fee is examined. After the effects of state and federal income tax deductions are taken into account, the fee is found to be as regressive as the state's sales tax.

The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras

Federal Communications Law Journal

The Driver's Privacy Protection Act, instituted in 1997, regulates the disclosure of personal information in motor vehicle records. New controversy surrounds it today as the U.S. Supreme Court evaluates the arguments presented in November 1999 regarding its constitutionality. A split among circuit courts, coupled with the tremendous growth in technology and subsequent new in-roads for information access, draw increased attention toward the Act. The concern for information access in light of the Act, however, reaches beyond the courts' elucidated concerns about dual sovereignty and the public's right to privacy. This Note argues that there is a forgotten argument: the Act's …

Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller

Federal Communications Law Journal

Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.

Letter To A Young Law Student, Corinne Cooper

Tulsa Law Review

No abstract provided.

"A Deliberate Collection Of Cross Purposes": Eavan Boland's Poetic Sequences, Michael Thurston

Colby Quarterly

No abstract provided.

The Sustainable, The Expendable, And The Obsolete, Michael D. Lieber

Pacific Studies

This is a preliminary exploration of the concept of sustainability and its potential usefulness to anthropologists. “Sustainable” is distinguished from “stable” and “viable” in terms of its implications of directionality of time, pointing both backward and forward. Given the time implications, the contexts of “sustainable Xs” (technology, activity, development, etc.) are crucial to explaining what happened to X in the past and prognosticating its future. The argument is illustrated by analyzing data on obsolete fishing practices on Kapingamarangi Atoll (Federated States of Micronesia), focusing on the contexts of change in political /religious organization in the twentieth century. Changing access to …

Salt Equalizer, Vol. 1999, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Theresa Glennon, SALT Honors Marjorie Shultz, Barney Frank at the Annual Awards Dinner, at 1.

Stephanie M. Wildman & Phoebe A. Haddon, Presidents' Column, at 2.

Ann Shalleck, SALT Members Initiate "First Monday" Programs, at 3.

Joyce Saltalamachia, SALT Board Meets Twice in San Francisco, at 6.

Howard Glickstein, Urgent Call to Keep the SALT Salary Survey Alive, at 7.

Sharon Hom, Joan Howarth, Eileen Kaufman, Madeline Plasencia, Judith Reed & Margalynne Armstrong, SALT's San Francisco Conference Re-Examines the Bar Exam, at 8.

Barbara Aldave, Bar Examinations: A Call for …

Explorations In Class And Gender In The Old South: Review Of The Confessions Of Edward Isham: A Poor White Life Of The South, Ed. Charles C. Bolton And Scott P. Culclasure., James M. Denham

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

The two lives depicted in these accounts represent two dramatically different versions of life in the Old South. As the privileged daughter of a well-to-do slaveholder, Cornelia Jones Pond of Liberty County, Georgia, encountered. none of the hardships and experiences of Edward Isham-who represented a class of people that contemporaries and historians have labeled "poor white." Pond's world was a place of supportive parents, balls, dashing suitors, and loyal servants. Edward Isham's world, on the other hand, was one of bad whiskey, knives, firearms, and poverty. Their lives offer two striking contrasts of white experiences in the antebellum South.

Power And Paradox In The Trickster Figure, Jacob D. Campbell

Honors Theses

No abstract provided.

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

Administrative Law, Mark H. Cohen, David C. Will

Mercer Law Review

This Article covers important developments in Georgia administrative law for the two-year period from June 1, 1997 through May 31, 1999. Because administrative law has been omitted from major consideration in the Annual Survey of Georgia Law since 1987, this Article is an attempt to cover an additional period of review, which, the authors hope, will be continued in future surveys. This Article includes cases as well as a discussion of two significant legislative enactments during the survey period.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For the second year in a row, the survey period passed without dramatic legislative changes to Georgia's Workers' Compensation Act ("the Act").' Georgia's appellate courts, however, were active once again in examining the exclusive remedy doctrine and interpreting the Act's subrogation provisions.

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook

Mercer Law Review

This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.

Final Report On The Greater Tampa Regional International Trade : An Analysis Performed By Brian S. Jacobik, In Cooperation With The Center For Economic Development Research, College Of Business Administration, University Of South Florida, And The Center For International Business, College Of Business Administration, University Of South Florida ; For The Greater Tampa Chamber Of Commerce Committee Of One Hundred, Brian S. Jacobik, University Of South Florida. Center For Economic Development Research, University Of South Florida. Center For International Business, Greater Tampa Chamber Of Commerce. Committee Of 100

College of Business Publications

No abstract provided.