Digital Commons Network^™

0483 Reforms To The General Assembly, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

0484 Transportation Legislation Review Committee, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

0485 Management, Storage, Retrieval, And Archiving Of State Records, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations appellate cases decided during the survey period, eighteen are digested here.' As has been the recent trend, the Legislature and the appellate courts have continued to focus primarily on issues surrounding children.

• Divorce
• Child Custody
• Legitimation
• Child Support
• Alimony

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

This year we surveyed hundreds of criminal law cases to select those we thought most worthy of inclusion in this survey. We have no doubt that other lawyers practicing criminal law would have included other cases and left out some we included. This is a survey of the vast everchanging landscape of criminal law, and the practitioner may use this article as a starting point for the careful and detailed research that must be done in actual cases.

• Pretrial Issues
• Guilty Plea
• Jury Selection
• State's Case in Chief
• Defense Case
• Sentencing
• Appellate Review
• Mandamus

Legal Ethics, L. Ray Patterson, William P. Smith Iii

Mercer Law Review

Two events of particular importance to Georgia lawyers occurred during the survey period. First, the Supreme Court of Georgia adopted The Georgia Rules of Professional Conduct on June 12, 2000 to become effective January 1, 2001. The basis for the new rules is the American Bar Association ("ABA") Model Rules of Professional Conduct, adopted by the ABA in 1983 to supersede the ABA Model Code of Professional Responsibility. The new code will replace both the Georgia Code of Professional Responsibility and the Standards of the State Bar Rules. Second, the American Law Institute adopted the Restatement of the Law Governing …

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the area of real property law in Georgia during the period from June 1, 1999, to May 31, 2000. As in past surveys, the authors do not attempt to chronicle each case and statute that affects real property law. Rather, the authors selected the decisions and statutes discussed in this Article for their significance and interest to participants in the everyday practice of real estate law in this state. Several cases discussed below revisited issues from recent surveys and enlarged upon or clarified the holdings from those prior cases.

• Title to …

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 …

Solitary Waves And Supersonic Reaction Front In Metastable Solids, Hendrik J. Viljoen, Lee L. Lauderback, D. Sornette

Hendrik J. Viljoen Publications

Motivated by an increasing number of remarkable experimental observations on the role of pressure and shear stress in solid reactions, explosions and detonations, we present a simple toy model that embodies nonlinear elasticity and dispersion as well as chemical or phase transformation. This generalization of the Toda Lattice provides an effective model for the description of the organization during an abrupt transformation in a solid. One of the challenges is to capture both the equilibrium degrees of freedom as well as to quantify the possible role of out-of-equilibrium perturbations. In the Toda Lattice, we verify that the particle velocities converge …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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.

Hiring To Maintain Mission, Richard D. Breslin

Journal of Catholic Education

This article is a direct outgrowth of the appearance of Ex Corde Ecclesiae and the need for Catholic colleges and universities to address their hiring practices in order to maintain their identity as Catholic institutions of higher learning. The author draws a parallel between the personal philosophy of individuals within the community and the perceived, if not real, institutional philosophy of the college or university as Catholic. Catholic institutions can lose their souls while climbing the ladder of success and prestige simply because they have paid insufficient attention to the question of the philosophical fit between their employees and their …

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.

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 Minnesota News Council: Principles, Precedent And Moral Authority, Erik Ugland

College of Communication Faculty Research and Publications

This study addresses the Minnesota News Council’s moral authority–that is, its ability to serve as a referent for the ethical or moral choices of others–and how its authority might be affected by perceptions of its legitimacy. After analyzing all of the Council’s 125 written determinations, we argue that the Council’s legitimacy and authority could be enlarged by clearer statements of ethical principles, explicit expressions of standards of conduct, and more consistent references to past determinations.

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.

Religion And U.S. Culture, James L. Heft

Journal of Catholic Education

After reviewing the history of the interplay between religion and culture in the U.S., this article explores important facets of contemporary American society that color the experience and meaning of religious faith. Among these are excessive individualism, a heightened awareness of the need for personal integrity, and the desire for personal religious experience. While religion is often treated as a “classroom pariah” at universities, the author argues that there are numerous possibilities for a more full integration of religion into university life and overall American culture.

Editors’ Comments, Thomas C. Hunt, Ronald J. Nuzzi

Journal of Catholic Education

No abstract provided.