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Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.

Business Method Patents, John J. Love

Richmond Journal of Law & Technology

Good morning, it's a pleasure to be here alive. We just participated in the daily road race from Washington to Richmond that many of you do every day. The first question I've been asked to deal with is why do we have patents? Of course we're very proud of fact that the PTO's origins date back the Constitution itself. In Article I Section 8 of the Constitution, the framers specifically gave Congress the power to grant inventors, for a limited time, the exclusive right to their inventions. So this is not a product of the industrial revolution but dates back …

Consumer Privacy, James M. Mccauley

Richmond Journal of Law & Technology

Pretty scary. This whole business of technology and privacy. I don't know about you but it makes me think about that John Grimes song where he wanted to blow up the TV, throw away the paper, and move to the country. I think that there are probably some things that we can do and that we cannot do. One of the things that comes to mind in listening to my colleagues talk about the shutdown of the dotcoms, last year Congress overhauled the 65 year prohibition against insurance companies not being permitted to get involved in financial services and banking. …

Consumer Privacy On The Internet, Andrew Shen

Richmond Journal of Law & Technology

If we do not bear the loss of this privacy then the prices would be passed along to consumers anyway. We're between a rock and a hard place there's nowhere that we can go. But I think we can be more optimistic than that and I think we can preserve privacy and I think we can further growth of electronic commerce. So let me begin with the consumer perspective. I would like to start with a trend that Mike has already done a good job of starting us out on, and that is the current popularity of personalization and customization. …

Deregulation In Maine: The Why And How, William M. Nugent

Richmond Journal of Law & Technology

Maine's retail electricity rates - although (on average) the lowest in New England - were in 1997 (the year Maine passed its restructuring legislation) nearly 40 percent higher than the national average. Industrial customers paid rates 40.4 percent above the U.S. average; commercial 36.9 percent more, and residents (i.e., voters) a whopping 51.3 percent more than residential consumers across the country. Place the risks of investment decisions in the market, where they belong. Technological developments (paralleled by changes in national regulatory policy) have erased the natural monopoly nature of the general portion of the electricity industry. Since regulators are not …

Customer Choice: What Will It Take To Do It Right?, Theresa Flaim

Richmond Journal of Law & Technology

What are the most important building blocks needed to effectively deregulate energy markets? What are the forces driving deregulation? What problems and pitfalls have occurred and how can they be avoided? Will customer choice "take off?"

Market Power And The Ftc, John C. Hilke

Richmond Journal of Law & Technology

Although the DOJ/FTC Merger Guidelines provide a firm foundation for analyzing changes in prospective market power resulting from a proposed merger, the analysis does not focus on detecting or measuring market power that may already exist in the market. Further, antitrust enforcement is focused on anti-competitive mergers and unfair forms of competition. From an antitrust perspective, a firm that lawfully acquired market power does not commit an antitrust offense merely by exercising that power, unless it engages in unfair methods of competition to protect that power.

From The Back Office To The Front Lines Oss: Potential Land Mines On The Front Lines, Mark A. Keffer

Richmond Journal of Law & Technology

The Telecommunications Act of 1996 struck a bargain that allowed Bell Atlantic and the other Regional Bell Operating Companies ("RBOCs") to gain entry into the long distance business by opening their monopoly local exchange markets to meaningful competition. A key aspect of the market-opening process is that the RBOCs, as well as generally all Incumbent Local Exchange Carriers ("ILECs") are required to provide new Competitive Local Exchange Carriers ("CLECs") access to the Operations Support Systems ("OSS"). The incumbents use OSS to serve their customers at quality levels equal to what the incumbent provides to itself.

The Meter August 30, 2000, Tennessee State University

The Meter Documents in 2000s

No abstract provided.

The Meter December 8, 2000, Tennessee State University

The Meter Documents in 2000s

No abstract provided.

The Meter April 4, 2000, Tennessee State University

The Meter Documents in 2000s

No abstract provided.

The Meter May 5, 2000, Tennessee State University

The Meter Documents in 2000s

No abstract provided.

Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Changing And Choosing Together: A Case Study On Improving Professional Development And Student Achievement Through A Teacher-Initiated Early Literacy Program, Theresa Connor Molinelli

Doctoral Dissertations

The purpose of this study was to ascertain teacher's perceptions of the success of an early literacy professional development program designed to achieve more meaningful student assessment, facilitate observation of effective teaching practices, promote teacher-centered staff development, and encourage greater teacher collaboration. This research study also examined the extent to which teachers believed that school- and district-administrative support for this program benefited their classroom teaching practices.

Benchmarking Of Flexibility And Needs - 2000, Charles Burt, Andrew Mutziger, Darren Cordova

BioResource and Agricultural Engineering

ITRC interviewed irrigation district personnel from 60 agricultural districts representing approximately 91% of the irrigated acreage within the U.S. Department of the Interior Bureau of Reclamation’s (USBR) Mid-Pacific Region.

Data were analyzed to determine the degree of water delivery flexibility provided to farmers and the extent of existing and planned district modernization.

The interview process defined needs for direct technical assistance and training. These needs varied by district and area in California. The Irrigation Training and Research Center (ITRC) concluded that training programs should incorporate some common classes using the Water Delivery Facility and other resources located on campus at …

Panel Two Commentary, Marci A. Hamilton

Articles

No abstract provided.

Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton

Articles

No abstract provided.

A Dangerous Supplement? Longshot Claims And Private Securities Litigation, Charles M. Yablon

Articles

No abstract provided.

The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie

Articles

No abstract provided.

2000-2003 Supplementary Materials, Morehead State University. Board Of Regents.

Morehead State Board of Regents Agenda Books and Meeting Minutes

Contains supplementary materials from Board of Regents meetings from 2000 to 2003 that were scanned and saved by the President's Office on a computer compact disc. The records include resolutions, reports, budgets, statistics, policy and procedure changes and other documents presented to the Board.

The Determinants Of Post-Discharge Healthcare Utilization And Outcomes For Veterans With Posttraumatic Stress Disorder: A Social Ecological Perspective, Shyuemeng Luu

Theses and Dissertations

Posttraumatic stress disorder (PTSD) has a persistent nature: PTSD troubles patients

even decades after the occurrence of traumatic events. The “health behavioral model” is

adopted to examine the effects of external environmental, predisposing, enabling, and

need for care factors on the use of VA post-discharge ambulatory care and readmissions.

Data were obtained from the Patient Treatment File (PTF) and the Outpatient Care File

(OPT), the Area Resource File (ARF), American Hospital Association data sets (AHA), and the Uniform Crime Report (UCR).

The use of VA post-discharge ambulatory care is analyzed by using structural equation modeling (SEM). The readmission to VAMCs …

Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry

Faculty Publications

(Excerpt)

Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. One day in 1996, Foster entered the club, which was located close to his Boston condominium, and asked for a tour and an application for membership. The club employees, however, refused him a tour, informing him that Healthworks did not admit men. Shortly thereafter, Foster filed a discrimination claim with the Massachusetts Commission Against Discrimination contending that Healthworks had violated the Massachusetts public accommodations statute. He won at the administrative hearing, and Healthworks …

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically, the Article argues that the …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Special Division Agonistes, John Q. Barrett

Faculty Publications

When the independent counsel law sank, the casualties included a special "division" of the United States Court of Appeals for the District of Columbia Circuit. This division was the special court that Congress had created "for the purpose of appointing independent counsels." The now-expired 1994 independent counsel statute had, like its three predecessors, directed the Chief Justice of the United States to appoint three judges from the Supreme Court and/or the federal Courts of Appeals to serve on the special court for two-year terms. This independent counsel court, which was located for administrative purposes in the United States Court of …

What Makes Teachers Good?, Donald R. Cruickshank

Mid-Western Educational Researcher

Over time and depending upon circumstances Americans flip-flop over what we think makes teachers good. Thus, several visions of good teachers have appeared and disappeared. In part, our inability to sustain agreement on what makes teachers good results from a belief that all good teachers are or should be the same, that one size fits all. We fail to embrace or even consider the idea that there are multiple kinds of good teachers. Here ten visions of good teaching are described. The challenge is to validate as many as possible and then permit teachers to describe, and when appropriate, document …

Mid-Western Educational Research Association 2000 Annual Meeting Call For Proposals, Carmen R. Giebelhaus

Mid-Western Educational Researcher

Call for Proposals

Front Matter, Mary K. Bendixen-Noe, Kim Metcalf

Mid-Western Educational Researcher

Front Matter

Development Of Attitude Toward Teaching Career, Fred L. Pigge, Ronald N. Marso

Mid-Western Educational Researcher

The purpose of this longitudinal study was to investigate whether selected academic ability indices and personal characteristics of 117 teachers were associated with changes in their attitude toward teaching as a career measured upon the commencement of teacher preparation, the end of student teaching, and upon completion of their fifth year of teaching. Mixed model two-way ANOVA procedures revealed that the attitude toward teaching of the neophyte teachers remained stable and positive during teacher preparation but were less positive near the end of their fifth year of teaching; that ACT scores, Rotter’s locus of control, Myers-Briggs Type Indicator preferences, gender, …