Digital Commons Network^™

Insurance, Stephen L. Cotter, C. Bradford Marsh

Mercer Law Review

Although last year the Georgia General Assembly actively worked on managed care and the appellate courts stymied subrogors, legislation was light and appellate litigation routine this survey year. Many appellate opinions were reminders of coverage processing requirements (send the sixty-day "bad faith" demand for payment). Other opinions applied established insurance law principles to particular fact patterns (does every road wreck in Georgia have an appellate coverage decision?). All concerned are having some difficulty adjusting to Georgia's gradual departure from the traditional "four corners" coverage test analysis. The supreme court did breathe life into the hope for liability coverage for sexual …

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period from June 1, 1999 through May 31, 2000. Many of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. References in this Article to former code sections will refer to the pre-1998 Probate Code, and all other references will be to the Revised Probate Code of 1998.

Table Of Cases

Mercer Law Review

No abstract provided.

“Sketches Of Spain”: Richard Wright's Pagan Spain And African-American Representations Of The Hispanic, Guy J. Reynolds

Department of English: Faculty Publications

At the start of Pagan Spain (1957), Richard Wright recalled a 1946 conversation with Gertrude Stein; she encouraged him to visit Spain: “ ‘You'll see what the Western world is made of. Spain is primitive, but lovely. ’ ” Wright meditated on his fascination with that country, an obsession rooted in the Civil War's political upheaval: “The fate of Spain hurt me, haunted me; I was never able to stifle a hunger to understand what had happened there and why” (PS, 10). Wright wrote as a leftist, as a political writer who had published anti-Franco articles. In his …

Gadamer, Heidegger, And The Social Dimensions Of Language: Reflections On The Critical Potential Of Hermeneutical Philosophy, Ingrid Scheibler

Chicago-Kent Law Review

Beginning with an account of recent efforts, like Georgia Warnke's, to demonstrate Hans-Georg Gadamer's relevance to legal theory, this Article looks at Gadamer's conception of language and tradition, claiming that, while he shares important features of Heidegger's thought, Gadamer productively grounds his view of language and tradition in such a way that the everyday realm of public discourse, characterized by a healthy injunction to foster reasoned debate amongst divergent perspectives and interpretations, has a vital and integral role to play. While Gadamer criticizes the Enlightenment's hostility to tradition, paradoxically, his concept of linguistically mediated tradition has far more in common …

Foucault And Gadamer: Like Apples And Oranges Passing In The Night, Gary Wickham

Chicago-Kent Law Review

This Article explores some points of connection between Michel Foucault's "governmentality" approach and Hans-Georg Gadamer's hermeneutics and concludes that Gadamer's project does not easily mesh with the Foucaultian critique. Instead, this Article argues that Foucault's reading of Heidegger diverges significantly from Gadamer's, and that an attempt to link the philosophers through their common heritage is unavailing. In conclusion, this Article suggests that the divide between hermeneutics and critical theory (in a Foucaultian sense) cannot be bridged easily, despite the few vague family resemblances evident in the literature.

Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber

University of Michigan Journal of Law Reform

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell

University of Michigan Journal of Law Reform

The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define "Indian." This confusion raises many concerns about the role that government plays in defining "Indian." This Note surveys the most common definitions of "Indian" found in federal statutes, BIA regulations, and state laws. The author argues that the racial basis of many of these laws and regulations are unconstitutional and tread on the sovereignty of Indian tribes. She evaluates efforts of the federal government to avoid these …

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann

Faculty Scholarship

No abstract provided.

Richard M. Davidson, Richard M. Davidson

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

Comparative Literature As Textual Anthropology, Antony Tatlow

CLCWeb: Comparative Literature and Culture

In his article, "Comparative Literature as Textual Anthropology," Antony Tatlow proposes textual anthropology as a critic's approach in the comparative study of literature. If anthropology is "behavioural hermeneutics" (Clifford Geertz) with the implication of self-reflexivity, the anthropologist will be disposed to fashion in the object of attention what is neglected and that can therefore be described as the unconscious of his/her own culture. In an application of his framework, Tatlow relates totemic and utopian thought through the use of animal signs. In his article, Tatlow shows how cultural demands both fashion the ethnographer-critic and select the perspectives he/she must transcend. …

The Philosophy Of Don Quixote: A Look At The Character Using Heidegger’S Authenticity, Matthew D. Mangum

Honors Program Theses and Research Projects

The following paper will take an existential philosophical idea and apply it to a renaissance novel featuring a medieval character. The existential idea of authenticity as explained by Martin Heidegger will be outlined and then used to evaluate the main character of Miguel de Cervantes’ novel Don Quixote, the knight-errant Don Quixote de la Mancha.

Foreword, Francis J. Mootz Iii

Chicago-Kent Law Review

No abstract provided.

Borders Or Horizons? Gadamer And Habermas Revisited, Fred R. Dallmayr

Chicago-Kent Law Review

In this Article, Dallmayr examines the status of borders and demarcations. Are borders markers of separation and exclusion, or are they more like hyphens or horizons indicating a correlation without sameness, a distinctness opening up to alterity? This Article investigates this question by returning to the -so-called "Gadamer-Habermas Debate." While Part I recapitulates some of Hans-Georg Gadamer's teachings, especially with reference to a "universal hermeneutics," Part II reviews some of Jürgen Habermas's critical rejoinders and initiatives aiming basically at a parceling of forms of human knowledge. In the concluding part, an effort is made to highlight the significance of the …

How To Be Critical, Stephen M. Feldman

Chicago-Kent Law Review

Many opponents of critical legal thought assert that it is easy to be critical but hard to be constructive. From this perspective, critical legal activity is simple, while traditional theory is difficult. Feldman argues otherwise. Hans-Georg Gadamer's emphasis on the role and power of tradition in the hermeneutic process suggests how tradition forcefully constrains us. Our prejudices, derived from our communal traditions, limit what we can understand and perceive. Thus, to perform critical activity proves often to be a formidable challenge. It requires the writer somehow to disrupt the reader's basic and deep-seated assumptions, assumptions that typically emerge from a …

Bad Medicine: The Anticompetitive Side-Effects Of Physician Unionization, Thomas Hamilton Segars

Chicago-Kent Law Review

In response to the predominance of managed health care, ever-increasing numbers of physicians are turning to unionization as a means of negotiating contracts with larger insurers. While physician unionization has a history of both political and legal controversy, recent federal legislation aims to make the practice legitimate. This Note discusses the trend toward physician unionization, the resulting anticompetitive effects, as well as possible alternatives for physicians seeking to bargain with the powerful health care insurance industry.

Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman

West Virginia Law Review

No abstract provided.

Communicating Identity And The Challenge Of Ex Corde Ecclesiae, Anthony J. Dosen

Journal of Catholic Education

Arguing that the current challenge in Catholic higher education to implement the norms of Ex Corde Ecclesiae is largely a conflict of different world views, the author describes three competing visions of Church”pistic, charismatic, and mystical”and offers three “lenses” to clarify each vision: functional, interpretive, and post-modern. A textual analysis of Ex Corde Ecclesiae and the 1993 and 1999 drafts of ordinances of the National Catholic Conference of Bishops (NCCB) reveals a world view at odds with most Catholic universities.

Holocaust-Denial Literature: A Fourth Bibliography, John A. Drobnicki

Publications and Research

This bibliography is a supplement to three earlier ones that were published in the Bulletin of Bibliography. Holocaust denial is a body of literature that seeks to prove that the Jewish Holocaust did not happen. This bibliography includes both works about Holocaust denial and works of Holocaust denial.

Puzzling Stock Options And Compensation Norms, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

Why do so many executives and other employees receive fixed stock options as part of their compensation packages? There is an impressive literature on compensatory options, and yet it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we do observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling, in the form of employees' disinclination to be seen as …

Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From, Alvin "Al" Oral History Interview, Don Nicoll

Edmund S. Muskie Oral History Collection

Al From was born in South Bend, Indiana. He grew up as an only child in a Jewish family, attended Northwestern where he earned his bachelor’s and master’s degrees in journalism, then went to Washington, D.C. where he worked for Sargent Shriver and the War on Poverty program. He traveled around the south at the height of the civil rights movement. He went to work for Senator Joe Tydings in the Senate District Committee in 1968. He transferred to Muskie’s Intergovernmental Relations Committee and stayed on his staff until 1978. He then became Jimmy Carter’s deputy advisor on inflation, then …

Identification And Characterization Of Zinc-Responsive Genes In Pseudomonas Fluorescens, Thomas L. Wilson

Masters Theses

Genes responsive to elevated concentrations of zinc were identified via transposon mutagenesis in the common soil bacterium, Pseudomonas fluorescens ATCC13525. Some of these genes were essential to maintain metal homeostasis in the bacterial cell. DNA sequences of the transposon-tagged genes were determined by DNA sequencing of arbitrary PCR products. DNA sequence analysis indicated that one gene was similar to P-type ATPases responsible for transporting metal ions out of the cell. The corresponding mutant was sensitive to zinc, cadmium, and lead indicating that this gene may be responsible for defending Pseudomonas fluorescens against these metal ions. Four zinc-induced genes shared similarity …

The Roles Of Ca2+ And Camp In The Nematocyst Discharge Of The Sea Anemone Tentacle, Veysel Haktan Ozacmak

Loma Linda University Electronic Theses, Dissertations & Projects

The phylum Cnidarians are aquatic animals, including jellyfish, hydra, sea anemones, and corals. They are the simplest metazoans having a nervous system and are diploblastic. Cnidarians are obligate predators that capture prey using specialized stinging cells called cnidocytes. The cnidocyte contains a nematocyst, which is a capsule containing an inverted, hollow tubule. Prey contacting the tentacle triggers the nematocyst tubule to rapidly evert; a process called discharge. The everting tubule penetrates and envenomates the prey, which is carried to the mouth by tentacle movements.

Generally both chemical and mechanical stimuli are needed to trigger discharge. The cnidocytes, in sea anemones, …

Eustasy Determination From Borehole Data, Onshore New Jersey: New Boreholes And New Porosity Estimates, William Alan Van Sickel

Masters Theses

Backstripping analysis of detailed stratigraphic data from the Bass River and Ancora boreholes on the New Jersey Coastal Plain (Ocean Drilling Project Leg 17 4AX) was conducted to test and refine previous eustatic estimates (Kominz et al., 1998) and provide new Upper Cretaceous estimates. Porositydepth relationships required by the backstripping method were estimated to supplement those from the Cost B-2 well (Rhodehamel, 1977). Sand and mud porosity at shallow depths (<500 m) obtained here are higher than was seen at the Cost B-2 well.

The Bass River and Ancora boreholes targeted older sequences of the Upper Cretaceous to Paleocene. This new data allow for more accurate estimate of the magnitude of long-term sea-level …

Disinfection Of Dentin By Intracanal Laser Irradiation: An In Vitro Model, Silvia Cristina Mafra Cecchini

Loma Linda University Electronic Theses, Dissertations & Projects

A possible cause for root canal failure is the persistence of bacteria that have colonized dentinal tubules. To reduce this risk and, if possible, to also shorten the time consuming endodontic therapy, new equipment and materials are constantly being introduced. The aim of the present investigation was to study the effect of disinfection of dentinal tubules by intracanal laser irradiation using an in vitro model. The groups irradiated by various lasers were compared with calcium hydroxide, a material frequently used as intracanal medication between appointments. Freshly extracted, intact bovine incisors were used. The root cementum was removed and the teeth …

Defensible Space In East Palo Alto: University And Bay Mixed-Use Development, Thanicha Niyomwan

Master's Projects

University and Bay Mixed-use Development will be planned based mainly on the defensible space concept. The concept of a pedestrian-friendly environment would be a secondaiy concept to be applied to the development plan. Since the defensible space concept deploys residents themselves as the key players to ensure their own security, the success of the proposed development depends on residents. Only when the residents choose to adopt the intended role, the proposed development becomes defensible (Newman, 1975).

Residents’ cooperation plays a vital role not only in this proposed development but also in any neighborhood revitalization. Attempts to save a declining neighborhood …

Convenants, Conditions, And Restrictions: Their Influence On Neighborhood Transitions And Quality Of Life, Mark A. Pecchenino

Master's Projects

Today urban planners have many tools at their disposal to develop, nurture and endorse proper planning techniques in both future urban developments and existing neighborhoods. However, when it comes to existing neighborhood code enforcement many planning departments lack proper funding to efficiently enforce code compliance issues in existing neighborhoods. Financial constraints placed on our urban planning departments, coupled with increasing urban sprawl, make code enforcement of existing neighborhoods difficult and time consuming. Today’s big city planners are investing more time on current issues like rapid growth, affordable housing, water, sewage, traffic congestion, and other pressing infrastructure issues. In general, neighborhood …

Housing Policies In Santa Clara County: Are They Solving The Housing Crisis?, Bryan Briggs

Master's Projects

Trying to evaluate complex activities involves one in a series of difficult problems that have not yet been solved. It is particularly difficult to deal with public policymaking, which not only is complex, but also involves many values. Nevertheless, we can develop a rigorous approach to analyzing, evaluating, and improving public policymaking if we start by developing explicit criteria and standards that will replace the implicit assumptions, one-sided views, and halo effects we all use for lack of anything better.