Digital Commons Network^™

The New Textualism And The Rule Of Law Subtext In The Supreme Court's Bankruptcy Jurisprudence, Alan Schwartz

NYLS Law Review

The Supreme Court is thought to use a method of statutory interpretation called "the new textualism" when construing Federal Statutes, including the Bankruptcy Code. The new textualism, in brief, ties interpreters more closely to the text than more traditional interpretative methods. This Essay inquires into the justifications for the new textualism, but its primary goal is to argue that the Court prefers an important justification of this interpretative method to the method itself. The justification holds that interpretation should advance the rule of law virtues of certainty and predictability. A court that is committed to the new textualism would construe …

A Road Not Taken: Harry Wellington, Legal Process And Adjudication, Anthony Sebok

NYLS Law Review

No abstract provided.

The Double Jeopardy Category Is . .. Abortion Protest: United States V. Lynch, The United States' Appeal From A Criminal Acquittal In The Southern District Of New York, Christopher J. Bellotti

NYLS Law Review

No abstract provided.

Checklists And Illustrative Financial Statements For Not-For-Profit Organizations : A Financial Accounting And Reporting Practice Aid, July 2000 Edtion, American Institute Of Certified Public Accountants. Accounting And Auditing Publications, Maryann Kasica

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk

UC Law SF Journal on Gender and Justice

Increasingly, consumers are turning to herbal remedies to help heal what ails them. This note explores the past and present regulation of herbal remedies. The Dietary Supplement Health and Education Act (DSHEA) of 1994 provided a convenient regulatory vehicle-"dietary supplements"-for herbal remedies to enter the market with labeling that claims a positive effect on the structure or function of the body or on one's general sense of well-being. This note argues that DSHEA fails as a regulatory system for herbal remedies. While it safeguards access to herbal remedies, DSHEA only allows vague labeling information suggesting the therapeutic potential of the …

County Of Sawyer Zoning Bd. V. Wisconsin Dep't Of Workforce Dev., 605 N.W.2d 627 (Wis. Ct. App. 1999), Sommer Poole

Water Law Review

No abstract provided.

Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock

Richmond Journal of Law & Technology

The United States Court of Appeals for the Fourth Circuit appears to have adopted the rule that any speech uttered by a governmental employee, in the course of performing the work for which the employee was hired, is per se not a "matter of public concern." A majority of the court relies on its holdings in DiMeglio v. Haines and Boring v. Buncombe Co. Bd. of Educ. for that proposition. That fact was evident in questioning from the en banc panel of the Fourth Circuit during its rehearing of Urofsky v. Gilmore on October 25, 1999. At issue was the …

You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker

Richmond Journal of Law & Technology

Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."

Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills

Richmond Journal of Law & Technology

You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …

Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield

Richmond Journal of Law & Technology

The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures.When claims arise against the government's Fourth Amendment transgressions, usually those claims turn on interpretation of the term "reasonable." Traditionally, a search and seizure conducted under the authority of a judicial warrant for "probable cause" is unquestionably reasonable.In some, albeit very limited, types of searches reasonableness is met with at least "individualized suspicion."When searches intrude into the human body, however, they implicate a person's most deep-rooted expectation of privacy - the right to be left alone.

Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke

Richmond Journal of Global Law & Business

Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.

Soviet Social Mentalité And Russocentrism On The Eve Of War, 1936-1941, David Brandenberger

History Faculty Publications

In January 1939, the theater critic V. Blium wrote to Stalin in despair that:

"Socialist patriotism sometimes and in some places is starting to display all the characteristics of racial nationalism... [Our people] don't understand that to beat the enemy fascist, we must under no circumstances use his weapon (racism), but a far superior weapon - internationalist socialism."¹

What had provoked such a letter? Soviet society witnessed a major ideological about-face during the mid-to-late 1930s as russocentric etatism superseded earlier internationalist slogans. Nevskii, Peter, Kutuzov and Pushkin had joined Lenin, Stalin, Molotov, Voroshilov, Frunze and Dzerzhinskii in a newly-integrated …

Characterizing The Role Of Mapk Phosphates In Plants, Laura Asakura

Honors Theses

Mitogen Activated Protein Kinase (MAPK) pathways e ubiquitous ongst eukaryotes, involved in the signal transduction of various external stimuli to the nucleus. In plants, only MAPK pathways related to pathogen- and stress-related responses have been identified. It has been proposed that another MAPK pathway exists in plants, one that is similar to animal MAPK pathways and postulated to connect the regulation of cell growth and the actions of hormones auxin, cytokinin, and gibberellin. In order to establish whether a link exists between the MAPK pathway and hormone signaling in plants, the role of MAPK phosphatases (MKP) on hormone signaling was …

An Ethical Exploration Of Gender Inequality In Church Leadership, Elizabeth Rickert

Honors Theses

An Ethical Exploration of Gender Inequality in Church Leadership provides a moral analysis of the current status of women leaders in the church. Drawing on socio- analytical, ethical-theological, and leadership studies perspectives, this thesis sheds light on the disparity between the theological principles of equality and the ecclesiastical practices of inequality that create an unhealthy moral environment in churches.

Gender inequality in church leadership exists today in both the congregations permitting the ordination of women as well as in those that do not. This widespread discrepancy between rules and practices concerning women leaders in the church points to the socially …

The Clapham Sect : An Investigation Into The Effects Of Deep Faith In A Personal God On A Change Effort, Victoria Marple

Honors Theses

This study was undertaken primarily out of an apparent inability of leadership material to answer the question of "Why" in their studies of change efforts. Despite many scholarly materials on how societal alterations occurs and steps to make social action successful, little has been written regarding the internal influences on individuals involved in these efforts and on how these influences make the leader or group successful. This particular case study has been chosen because of its clear portrayal of various leadership theories including catalytic leadership, charismatic leadership and change theory. Moreover, writings about the Clapham Sect clearly evidence that the …

Advertisements And Sponsorships In Charitable Cyberspace: Virtual Reality Meets Legal Fiction, Darryll K. Jones

Journal Publications

By now, it is perhaps cliche to quote Sir Walter Scott's familiar refrain' when referring to communications occurring via the World Wide Web (the Web). And yet, that age-old wisdom comes readily to mind when one considers the unrelated business income tax (UBIT) as it relates to charities that, for consideration paid, participate in a profit-seeker's web-based marketing communications. That first lie, to be precise, is that a charity's payment-induced, unlimited public display of a profit-seeker's logo, slogan and product, when unaccompanied by "comparative or qualitative descriptions" or explicit requests to buy, results in no trade or business income for …

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …

Cwu Faculty Senate Minutes - Index 1999-2000, Nancy Bradshaw

Faculty Senate Minutes

No abstract provided.

Perspective And Ideal In Chariton's "Chaireas And Callirhoe", Jean Alvares

Department of Classics and General Humanities Faculty Scholarship and Creative Works

Chariton's Aphrodisias celebrated Greek, Roman and even Eastern traditions, as the Greek novelists did generally, and his romance shares many elements of Second Sophistic practice; fittingly, the text's opposition of Greek vs. barbarian is rather nuanced; various passages undercut such ethnocentric presumptions by showing Greeks and Asians relying (mistakenly) on traditional views of each other. The basically happy outcomes enjoyed by Artaxerxes and Chaireas, compared to the relatively sad fate of Dionysios, a character who embodies many of the aspirations of Chariton's readers, is connected to their participation in one of two myths of the ideal state; one of the …

Investigation Of Pattern Classification And Feature Selection Of Gaussian Processes, Vivek Ramaprasad

Masters Theses

"This thesis focuses on the application of statistical techniques for pattern classification where the patterns are power spectra of the recorded acoustic signals of occluded objects. Different approaches used to classify are : The Bayes linear and piece-wise linear classifiers, the correlation classifier, classification using error spectra and the clustering algorithm. Classifiers were designed and experiments were conducted to investigate the performance. The performance is evaluated in terms of the percentage efficiency by counting the number of vectors identified correctly and the number of vectors which were misclassified. The feature vectors from primitive measurement space is then reduced to lesser …

The Justiciability Of Municipal Preemption Challenges To State Law, Alexander Willscher

University of Chicago Law Review

No abstract provided.

The University Of Nebraska Sociology Centennial: An Archival And Documentary Souvenir, Michael R. Hill

Department of Sociology: Faculty Publications

This documentary souvenir is published in conjunction with the centennial celebration of the Department of Sociology at the University of Nebraska-Lincoln, March 3-4,2000. Copies for distribution during the centennial festivities are provided, in part, courtesy of the George Elliott Howard Institute for Advanced Sociological Research. The archival and documentary items selected for inclusion in this special supplement to Sociological Origins are, of necessity, culled from a much larger pool of potential items, many of which could easily be included in such a compilation with equal justification. All materials reproduced herein posses unique historic value, and it is hoped too that …

Prejudice, Confusion, And The Bifurcated Civil Jury Trial: Lessons From Tennessee, Steven S. Gensler

Faculty Articles

No abstract provided.

Corrections To Rule-Based Forecasting: Findings From A Replication, Monica Adya

Management Faculty Research and Publications

Rule-Based Forecasting (RBF) is an expert system that combines forecasts from simple extrapolation methods based on features of time series. In this study, we provide corrections to ten of the 99 rules contained in RBF. These corrections were identified during a replication of RBF. Empirical comparisons indicate that the corrections did not lead to a noticeable improvement in accuracy when tested against some of the original data. However, in light of the fact that several studies are extending the work on RBF, it is important to report on these corrections to RBF.

Edison Community College General Catalog 1999-2000, Edison Community College

FSW Course Catalogs

Edison Community College General Catalog Volume Thirty Eight. 1999-2000. Scanned by Internet Archive.

The Acer Longitudinal Literacy And Numeracy Study (Llans), Marion Meiers, Margaret Forster

Monitoring Learning

This paper outlines the background to the ACER Longitudinal Literacy and Numeracy Study (LLANS), the general methodology, and the scope and nature of the data to be collected. A description is then given of the process by which achievement data will be reported. The study has been designed to follow the literacy and numeracy development of a national sample of students throughout the years of primary schooling. The study commenced in 1999 with children at the beginning of their school lives and runs for seven years.

A View From The Roof, Caroline S. Mckinney

Language Arts Journal of Michigan

No abstract provided.

Mango Growing In Western Australia, P R. Johnson, D C. Parr

Bulletins 4000 -

This bulletin covers mango growing in Western Australia in Kununurra, Carnarvon, Kimberly, Gingin, Perth regions. Details include climate requirements, soils, propagation, planting, spacing, weed control, nutrition, pests, diseases and disorders, pruning, harvesting and packing, ripening and storage, and processing.

Bulletin No 4315 - Western Australia's Agricultural, Food & Fisheries Industries 1999 - 2000, Besko Trhuij, Francis D'Emden

Bulletins 4000 -

Fifth Edition (revised and updated) December 2000.

Western Australia’s agriculture and fisheries industries have an international reputation for providing premium quality food and fibre produce to customers around the world.

The State of Western Australia is setting the international quality standard in the production of a vast array of food, fibre and fisheries products.

Agriculture Western Australia has developed the Safe Quality Food System (SQF2000), which not only meets stringent world food standards, but is being adopted in many countries as a unique trademark of quality.

Free of many pests, diseases and pollution found elsewhere, the State offers produce sourced …

Bulletin 4446 - Ord Land And Water Management Plan 2000, Agriculture Western Australia, Community Of Kununurra

Bulletins 4000 -

The wise use of the land and water of the Ord has become an imperative driven by increasing awareness of the impacts of current uses on ground water and the on the quality of the Ord River itself.

We have been lucky as a community that these resources are still in reasonable order and that we have the time to address the resource management challenges associated with our use of them. There is a wide range of land and water management issues to be addressed and all those involved have responsibilities to address some of those issues.