Digital Commons Network^™

Insiders & Instrument: The Seventh Circuit's Reversal Of The Tax Court In United Cancer Council V. Commissioner, Daniel M. Ford

Case Western Reserve Law Review

No abstract provided.

Essay: Policies Of Opportunity: Fairness And Affirmative Action In The Twenty-First Century, Robert M. Berdahl

Case Western Reserve Law Review

No abstract provided.

Volume 51 Issue 2 (2000), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Reply Essay: Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl Tobias

Case Western Reserve Law Review

No abstract provided.

Reply Essay: The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Case Western Reserve Law Review

No abstract provided.

Applications Of Wavelet Transforms In Biomedical Optoacoustics, Zibiao Wei, Shujun Yang, Amin N. Dharamsi, Barbara Hargrave

Biological Sciences Faculty Publications

We discuss the utility of wavelet transform methods in signal processing in general, and in particular, demonstrate the technique in optoacoustic applications. In several optoacoustic experiments with different samples, we have successfully enhanced the signal to noise ratios. Wavelet transforms optimize resolution by utilizing a tailored, variable time-window in different frequency regions. The technique's great advantage lies in the fact that the wavelet transform adds some redundancy to the original signal, and some desired features can be enhanced in the transformed space. In addition, proper choice of the basis set allows a sparse representation of the signal. Therefore, even when …

Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges

Law Faculty Publications

A review of the case law demonstrates that most of the labor arbitration awards challenged on public policy grounds involve reinstatement of discharged employees. This article analyzes 138 private sector federal cases in which labor arbitration ·awards have been contested on public policy grounds. All the cases reviewed are discharge cases in which arbitration awards reversing the terminations were challenged. The article attempts to determine the factors that influence courts to uphold or overturn arbitration awards. This analysis will provide assistance to arbitrators in writing opinions that are less subject to challenge, and to employers, unions, and their attorneys in …

Outing The Blackness In White: Analyzing Race, Class, And Gender In Everyday Life, Sarah Willie-Lebreton

Sociology & Anthropology Faculty Works

No abstract provided.

Rethinking Intervention In Environmental Litigation, Carl W. Tobias

Law Faculty Publications

Intervention in Public Law Litigation: The Environmental Paradigm (Environmental Paradigm) substantially enhances understanding of intervention in federal environmental disputes. These controversies are a critical type of modern civil lawsuit and perhaps constitute the quintessential form of public law litigation. Professor Peter Appel comprehensively reviews the lengthy history of the intervention mechanism, scrutinizes the substantial 1966 revision of Federal Rule of Civil Procedure 24, and closely examines the phenomenon of public law litigation and intervention in it.

Professor Appel finds that federal district court judges liberally grant requests to intervene in these cases, although he asserts that some legal scholars have …

Judicial Selection At The Clinton Administration's End, Carl W. Tobias

Law Faculty Publications

During his presidency, Bill Clinton appointed almost half of the presently sitting federal appellate and district court judges. He, therefore, can justifiably claim that he has left a lasting imprint on the federal judiciary. During his 1992 presidential campaign, Clinton promised to choose intelligent, diligent, and independent judges who would increase balance, vigorously enforce fundamental constitutional rights, and possess measured judicial temperament. The initial achievement of the Clinton Administration in selecting members of the federal bench, who make it more diverse and who are exceptionally qualified, demonstrates that the President fulfilled these campaign pledges. President Clinton named unprecedented numbers and …

Natural Resources And The White Commission Report, Carl W. Tobias

Law Faculty Publications

Individuals and entities with concerns regarding environmental issues as well as those concerned about the federal judicial system have carefully followed the debate over the possible division of the United States Court of Appeals for the Ninth Circuit that has been raging since 1995. During the first session of the 105th Congress, the Senate approved an appropriations rider, which would have established a new Twelfth Circuit including Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, Washington, Guam, and the Northern Mariana Islands, and would have left California and Nevada in the Ninth Circuit. That action was very important because neither house of …

Chief Judge Martin And The Modern Sixth Circuit, Carl W. Tobias

Law Faculty Publications

In his article, In Defense of Unpublished Opinions, 60 Ohio St. LJ. 177 (1999), Chief Judge Boyce F. Martin, Jr. has recently and eloquently championed judicial reliance on unpublished opinions. Judge Martin, who speaks from more than two decades of service on the United States Court of Appeals for the Sixth Circuit, substantially improves understanding of this court. Judge Martin informally and pragmatically scrutinizes critical problems that confront the modern regional circuits through the prism of unpublished determinations while elucidating judicial dependence on these decisions. Judge Martin apologizes for the dearth of empirical data on the decisions' invocation, but the …

Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias

Law Faculty Publications

One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …

Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement Of Telemedicine Services Is Depriving The Elderly Of Quality Medical Treatment, Kristen Jakobsen Osenga

Law Faculty Publications

We have the technology. What is needed is government financial commitment, so argues Kristen Jakobsen in the following discussion of "telemedicine." The term refers to the delivery of health care services by means of modern telecommunications technology. According to Ms. Jakobsen, the telephone, the fax machine, the Internet, and interactive audio-visual transmissions hold the key to making medical care more accessible and less expensive. Potential beneficiaries include vast populations of elderly in rural areas, who tend to be remote from upscale health care facilities and in need of the wherewithal to reach them. Standing in the way, in Ms. Jakobsen's …

A Realistic Consensus Approach To The Insurance Law Doctrine Of Reasonable Expectations, Peter N. Swisher

Law Faculty Publications

This article's fundamental premise is that, over the past three decades, despite all the debate and confusion surrounding the underlying theory and practice of the insurance law doctrine of reasonable expectations, a modem consensus approach has finally emerged within the academic community and the courts and among insurance law practitioners involving a realistic and viable application of the doctrine to the needs of contemporaryground" synthesis of traditional, objective, and contractually based reasonable expectations principles grafted onto elements of the more modem Keeton formulation of the doctrine. Moreover, this realistic consensus approach to the doctrine of reasonable expectations is both theoretically …

Origins And Development Of The Massey Cancer Center, Walter Lawrence Jr.

VCU University History Books

A history of the Massey Cancer Center at Virginia Commonwealth University written by Director Emeritus, Walter Lawrence, Jr., M.D. The volume includes photographs and a timeline. Lawrence's signature appears on the title page.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Similarities And Differences In European Conceptions Of Human Resource Management: Toward A Polycentric Study, Timothy Adrian Robert Clark, Derek Pugh

Research Collection Lee Kong Chian School Of Business

Increasingly managers need to distinguish between those oftheir activities and practices that can be successfully transferred acrossnational boundaries and those that will require modification in view ofdivergences between national settings. This can be determined by initiallyidentifying those features of managing organizations that remain similar acrossnational boundaries and those that are different, and then ascertaining thestrength of the forces for convergence or divergence. This article describes anexploratory attempt to conduct a polycentric (in the terms described below)research study of conceptions of human resource management in seven Europeancountries. It examines whether there is a single, shared conception of HRM thattranscends national boundaries, …

Vantage Point - Show Notes - 2000, David Unumb

Vantage Point Documents

No abstract provided.

A Study Of High School Counselors Value Of Scans/Noicc Work Competencies Among Three Groups Of Students: At-Risk, Work-Bound And College-Bound, Alice Mitchell Rose

Theses and Dissertations

The purpose of this study was to investigate the value high school counselors assign to the fourteen national work competencies identified by the Secretary’s Commission on Achieving Necessary Skills (Author, 1991) and the National Career Development Guidelines (National Occupational Information Coordinating Committee, [NOICC] 1989) among different groups of students: at-risk, work-bound, and college bound. Rising national concern about economic competitiveness in the global marketplace has dictated the need to provide all students with the skills necessary to enter the workforce.

Two research questions were explored in this quantitative study. The data were acquired via a questionnaire adapted from a similar …

Human Agency And The Process Of Social Change In The Religious Structure Of A Traditional Society, Jonathan Mermis-Cava

Cal Poly Humboldt theses and projects

This thesis is an examination of human agency within the process of social change as it has been displayed by the members of a traditional society. It is based on participant observation data that was collected between 1995-97 when the author served as a Peace Corps Volunteer living amongst a tribe of maroons, known as Saramakans, deep in the rainforest of South America. Exploring the assumption that changes in traditional societies have been forced upon them, this thesis examines the transformations that have occurred in the religious structure of the Saramakan tribe. From a social constructionist theoretical viewpoint, data suggests …

The Message Is From God, Frederick A. Niedner Jr.

Institute of Liturgical Studies Occasional Papers

(Excerpt)

I never settled on an opening line for this presentation, so I'll simply tell you that it's a humbling thing to stand here today charged with giving the keynote address for a gathering of the Institute for Liturgical Studies. I have attended this conference for many years-not for as long as many of you, but in twenty-six years at Valparaiso University I recall only one institute I missed completely. That means I've heard at least a hundred institute talks from this podium, and the excellence of the speakers here has consistently enriched and encouraged, sometimes entertained, and often awed …

The Internet As A Source Of Informal Social Control: Social Support In Pedophile Online Culture, Teelynn T. Mauney

Cal Poly Humboldt theses and projects

This thesis is an examination of pedophile use of the World Wide Web as a source of social support. I conduct a content analysis of pedophile Web sites that advocate sexual contact between men and boys. The themes on these sites are examined and compared to the themes found in stage one of my research program, which analyzed four of the eleven sites in the pedophile Web site sampling frame. This monograph draws on Mirkin’s (1999) theoretical framework that states that pedophiles are in stage one of a battle to legitimize their sexual orientation. This study finds that pedophile sites …

The Wacky World Of Collision And Comprehensive Coverages: Intentional Injury And Illegal Activity Exclusions, Johnny Parker

Nebraska Law Review

The objective of this article is to develop an appropriate analytical basis for evaluating the illegal activity exclusion in the context of automobile comprehensive coverage. Because the illegal activity exclusion has not been the subject of any reported decision in the context of comprehensive coverage, this article attempts to achieve its goal by examining intentional injury and prohibitive use exclusions in the context of automobile liability and collision coverages, respectively. The purpose of this examination is to ascertain whether the analytical tools employed in the liability and collision coverages arenas are appropriate in the context of the primary thesis. Part …

Nebraska Practice Materials—A Selective Annotated Bibliography, Beth Smith

Nebraska Law Review

I. Reference Works ... A. Research Guides ... B. Directories of Agencies ... C. Directories of Attorneys ... D. Listings of Civil Jury Verdicts

II. Periodicals

III. Newspapers

IV. Primary Sources ... A. Legislative Materials ... 1. Statutory Compilations ... 2. Session Laws ... 3. Bills ... 4. Other Legislative Materials ... B. Judicial Materials ... 1. Court Reports ... 2. Bankruptcy Decisions ... 3. Digests ... 4. Citators ... 5. Court Rules ... 6. Jury Instructions ... 7. Nebraska Workers' Compensation Court ... 8. Other Judicial Materials ... C. Administrative Materials ... 1. Rules and Regulations ... 2. Attorney …

A Call For A Modified Standard: The Supreme Court Struggles To Define When Private Organizations Can Discriminate In Contravention Of State Antidiscrimination Laws In Boy Scouts Of America V. Dale, 120 S. Ct. 2446 (2000), Sean B. Druyon

Nebraska Law Review

Since the Civil Rights Act of 1964, the federal government has played a significant role in reducing invidious discrimination against individuals on the basis of race, religion, color, and national origin. In the wake of even broader state laws against discrimination lie many private organizations treading to stay afloat in what has become a tumultuous sea of clashing constitutional rights. These private organizations justify discriminatory membership policies on the grounds they engage in expressive association protected by the First Amendment, while individuals denied membership to these organizations claim equal protection of the law under the Fourteenth Amendment and under state …

Foreword, John M. Gerrard

Nebraska Law Review

A foreword by the Honorable John M. Gerrard to the articles resulting from the Nebraska Education Law Symposium at the University of Nebraska College of Law and a tribute to Professor John M. Gradwohl.