Digital Commons Network^™

The Swift Rail Act: Will Sleepless Citizens Be Able To Quiet Train Whistles, And At What Cost?, Mark A. Gruenes

Northern Illinois University Law Review

Frustrated by the noise caused by train whistles, many Illinois municipalities have passed ordinances that ban trains from blowing their whistles at local crossings. Despite these local ordinances, however, railroads continue to instruct their engineers to sound whistles. Making matters worse for sleepless Illinois residents, the Federal Government entered the picture in 1994 when the Swift Rail Development Act of 1994 ("Swift Rail Act" or "Act") was made law. The Swift Rail Act directs the Secretary of Transportation ("Secretary") to promulgate regulations requiring trains to sound a "locomotive horn"' at all public highway-rail grade crossings. These regulations will preempt state …

Vol 44 #3, Heidi Nickisch Duggan

MPLA Newsletter

No abstract provided.

Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

University of Michigan Journal of Law Reform

After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …

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.

A Ligand Binding Domain Mutation In The Mouse Glucocorticoid Receptor Functionally Links Chromatin Remodeling And Transcription Initiation, Lynn A. Sheldon, Catharine L. Smith, Jack E. Bodwell, Allan U. Munck, Gordon L. Hager

Dartmouth Scholarship

We utilized the mouse mammary tumor virus (MMTV) long terminal repeat (LTR) in vivo to understand how the interaction of the glucocorticoid receptor (GR) with a nucleosome-assembled promoter allows access of factors required for the transition from a repressed promoter to a derepressed, transcriptionally competent promoter. A mutation (C644G) in the ligand binding domain (LBD) of the mouse GR has provided information regarding the steps required in the derepression/activation process and in the functional significance of the two major transcriptional activation domains, AF1 and AF2. The mutant GR activates transcription from a transiently transfected promoter that has a disordered nucleosomal …

Development Of Decision Support System For Reliability, Mitesh Bhupendra Parekh

Graduate Theses, Dissertations, and Problem Reports (ETD)

Reliability analysis is now an essential part of any product development. In the field of Electrical Engineering, reliability models are developed and analyzed for every component before it comes to market. The complexity of the product can range from a simple transistor to an integrated circuit chip, from a simple communication link to a complex network, and from a small generator to a large powerhouse.;Over the period, several techniques have been developed to systematically model real systems and then analyze them. These techniques are constantly being enhanced to improve the modeling process and to reduce the time required for the …

Essays On The Political Economy Of State Government Saving And The Role Of Budget Stabilization Funds, Gary Albert Wagner

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores the saving behavior of state governments in the context of the ability of states to weather recessionary periods. The first chapter of the dissertation discusses the role of savings as a policy option for state decision-makers in light of the fiscal constraints facing state governments, reviews the previous literature that has examined the savings behavior of state governments, and outlines the research agenda for the dissertation. Chapter 2 provides statistics on the post-World War II savings of states to explore recent trends in their savings behavior and discusses the data employed in the dissertation. The third chapter …

The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin

Michigan Law Review

Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …

Decisionmaking About General Damages: A Comparison Of Jurors, Judges, And Lawyers, Roselle L. Wissler, Allen J. Hart, Michael J. Saks

Michigan Law Review

Placing important decisions in the hands of the civil jury - made up of ordinary citizens untrained in the law - has long been criticized. For example, Erwin Griswold, law school dean and Solicitor General of the United States, asked, "Why should anyone think that 12 persons brought in from the street, selected in various ways, for their lack of general ability, should have any special capacity for deciding controversies between persons?" And Jerome Frank, law professor, aggressive legal realist, and judge, argued that juries are uncertain, capricious, and unpredictable, ignorant and prejudiced, poor factfinders, gullible, and incapable of following …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …

Off-Line Compression By Greedy Textual Substitution, Alberto Apostolico, Stefano Lonardi

Department of Computer Science Technical Reports

No abstract provided.

String Pattern Matching For A Deluge Survival Kit, Alberto Apostolico, Maxime Crochemore

Department of Computer Science Technical Reports

No abstract provided.

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …

Case Studies Of Organizational Evaluation In Community Foundations, Joyce Box Brown

Dissertations

Community foundations are classified as public charities (501(c) 3). They derive their funds from many donors rather than a single donor, and the board is made up of representatives from the community served. They are most often established to serve a specific geographic area. This study investigated and described how three different community foundations approach organizational evaluation— choosing proposals to fund, monitoring programs, improving programs, and assessing program impact.

The three community foundations approach evaluation not as a formal system of grant accountabilities, but as a way of systematically gathering information from various constituents for purposes of guiding important decisions. …

The Rhetorical Construction Of History: A Historian's Journey In Professional Writing, Catherine A. Armstrong

Digitized Theses and Dissertations (prior to 2008)

A portfolio submitted in partial fulfillment of the requirements for degree of Master of Arts in Professional Writing in the Department of English in the College of Humanities and Social Sciences of Kennesaw State University

Richmond Music Journal (1999-12)

Richmond Music Journal

No abstract provided.

The Romantic Poetry Of Paul Laurence Dunbar, Tonya Maristine Scott

Theses (Pre-2016)

The challenge that present scholars have to face is constructing a literary history that includes the aesthetics of Dunbar, which is traceable to and predetermined by the experimental, Romantic tendencies of Longinus, Wordsworth and Coleridge. Therefore, application of the literary trends and techniques of the Romantic era, which emphasizes the Expressive theory, lends itself to the hypothesis of this study: Dunbar's nature lyrics, like those of the British Romantics, reflect experiments with language, tone and subject matter as prefigured by Longinus, Wordsworth and Coleridge. The purpose of this investigation is to examine the literary English works of Paul Laurence Dunbar …

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Escaping Athlete Agent Statutory Regulation: Loopholes And Constitutional Defectiveness Based On Tri-Parte Classification Of Athletes, Rob Remis, Diane Sudia

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Antitrust Law - Salary Cap - An Athletic Association Regulation That Limits The Salary Of Coaches Is An Unreasonable Restraint On The Free Market And Cannot Be Justified On The Grounds That It Promotes Competition - Law V. Ncaa, 134 F.3d 1010 (10th Cir. 1998)., Thomas Rowland

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Are Professional Athletes Better Served By A Lawyer-Representative Than An Agent? Ask Grant Hill, Stacey M. Nahrwold

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Educational Necessity Or Simple Discrimination: The Ncaa's Initial Eligibility Standards And Prop. 16, Michael Thompson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Change Must Come: All Racial Barriers Precluding Minority Representation In Managerial Positions On Professional Sports Teams Must Be Eliminated, Michael Corey Dawson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Civil Rights - Americans With Disabilities Act - The Pga Is Subject To The Ada Because It Is Not A Private Club And Its Tournaments Are Places Of Public Accommodation - Martin V. Pga Tour Inc., 994 F. Supp. 1242 (D. Or. 1998)., Tracy Elizabeth Walsh

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.