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Ndsu Magazine : Fall 2000

NDSU Magazine

No abstract provided.

Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung

Faculty Scholarship

In this Symposium, we were asked to identify and articulate the nature of our passion for teaching corporate law. My passion-a bit odd in this context, perhaps-is bankruptcy. In addition to teaching the basic Corporations course, I also teach Corporate Reorganization and Bankruptcy, and my research has focused primarily on corporate reorganization issues. As I say, my particular passion may seem out of place in the context of this Symposium. The corporation is an engine for maximizing wealth. Yet we bankruptcy types obsess about financial ruin. We pray for the next recession. We sell short. Our chips sit on the …

Symposium: Regulatory And Liability Considerations, Michael S. Baram, Ellen Flannery, Patricia Davis, Gary Marchant

Faculty Scholarship

You can tell from remarks by prior speakers that regulatory approvals and liability prevention are of critical importance to progress in biomaterials. Gene therapy trials and the tragic outcomes of some of those trials have raised the specter of government suspension of clinical studies, termination of funding, and potential liability for personal injury under malpractice or products liability doctrines. Regulatory requirements and the terms of research grants and contracts have to be very carefully addressed by organizations testing, developing, making, selling and using biomaterials, biotechnology, and medical devices. However, many regulatory requirements are incomplete, ambiguous and confusing because the agencies …

Symposium: Advances In Biomaterials And Devices, And Their Financing, Ronald A. Cass, Michael S. Baram, Steven Bauer, Joyce Wong, Martin Yarmush, Joshua Tolkoff, Rufus King

Faculty Scholarship

My name is Professor Michael Baram and I direct the Center for Law and Technology here at the law school. Today's meeting is the third annual Technology Law Symposium to be held here, sponsored by the high technology law firm of Testa, Hurwitz & Thibeault, LLP and the Center for Law and Technology.

Our meeting today is focused on an exciting area of research and product development. This area involves the use of conventional as well as new genetically engineered biomaterials in new medical device configurations for implantation and with the purpose of restoring bodily functions, regenerating tissue, bone, cartilage, …

Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …

Just Because John Marshall Said It, Doesn't Make It So: Ex Parte Bollman And The Illusory Prohibition On The Federal Writ Of Habeas Corpus For State Prisoners In The Judiciary Act Of 1789, Eric M. Freedman

Hofstra Law Faculty Scholarship

In recent times, both the Court and Congress (in the Anti-Terrorism and Effective Death Penalty Act of 1996, known as AEDPA) have placed increasingly severe restrictions on the ability of state prisoners to challenge the constitutionality of their convictions by bringing federal habeas corpus proceedings. At some point, these developments risk offending the Suspension Clause of the Constitution, which provides: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

In considering the scope of the Suspension Clause, the Court and scholars alike have …

Parental Influence On Career Development Among College Students, Michael W. Ladd

Masters Theses

The purpose of this study was to examine the relationship between students' perceptions of parental influence on their college and career choices and their emotional independence from parents. The relationship between satisfaction with career/major choice (as demonstrated by vocational commitment) and parental influence was also examined. In addition, relationships between emotional independence from parents and commitment to a career field were explored.

To meet the research objectives, four research questions were addressed. First, is the Perceived Parental Influence scale, developed for this study, a reliable and valid scale? Second, is there a significant relationship between students' perceptions of parental influence …

Differences In The Dreaming Style Of Schizophrenic And Non-Schizophrenic Subjects Based On Subscales Of The Dreaming Style Questionnaire, Larry Knopp

Masters Theses

The differences in dreaming style between 25 participants diagnosed with schizophrenia and 90 participants comprising a control group were examined. A Dreaming Style Questionnaire (DSQ), was administered to each participant. Nine subscales of the DSQ were used to explore differences in dreaming style between these two groups. A significant difference (p <.003) was found for the familiarity of characters subscales, showing those diagnosed with schizophrenia report that the characters in their dreams are unfamiliar to them. Trends were noted for the subscales assertiveness, low involvement, participation, and bizarreness. Information processing, function of rapid eye movement (REM) sleep, and dreaming style, were reviewed. It is concluded that dreaming style differences are found between the two groups. The significance of dream research is that innovative treatment methods for common mental health issues are being implemented and are proving to exhibit benefits to the recipient. Hopefully, research will shed some light on the etiology of mental health disorders resulting in better treatment methods.

"Retracing Our Steps": Storytelling, Time, And Traditional Referentiality In Mama Day And Absalom, Absalom!, Christine Ann Roth

Masters Theses

Gloria Naylor and William Faulkner turn to the history and tradition of oral storytelling in their novels. Mama Day and Absalom, Absalom! especially present the concepts and techniques of the storytelling act. The complexities of the audience-performer dynamic and non-linear time in an oral storytelling event create obstacles for the teller (the writer) and confuse the role of the audience (the readers). Writers create the role of listening audience for the readers, changing the accepted rules of the readers by asking them to become participants. In Mama Day and Absalom, Absalom!, Naylor and Faulkner create connections between audience …

The Granite, 2000, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

Renaissance 2000, University Of Rhode Island

URI Yearbooks

This is a digitized, downloadable version of the University of Rhode Island yearbook.

Biotechnology In Western Australian Agriculture, Agriculture Western Australia

Grain and other field crops published reports

The Government of Western Australia believes that the strategic use of biotechnology and particularly gene technology has the potential to offer Western Australian agriculture significant economic benefits by improving the productivity and quality of products, as well as contributing to the development of sustainable farming systems.

Information contained in these binders is intended to give an overview of Biotechnology in relation to what is occurring in Australia, in Western Australia and specifically, at Agriculture Western Australia (AGWEST).

Biotechnology has been around for twenty-five years or more, but has only recently become a public issue in Australia - particularly in relation …

Race, Reason And Representation, Tayyab Mahmud

Faculty Articles

This is a review essay based on Uday Singh Mehta, Liberalism and Empire: A study in Nineteenth-Century British Liberal Thought (Chicago: The University of Chicago Press 1999). It evaluates the entanglement of liberalism with colonialism to highlight many fundamental contradictions inherent in projects of modernity and the way universal claims are often bound by particularistic imperatives. Liberalism could reconcile its agenda of liberty and representation with colonial subjugation only by positing race as the grounds for eligibility to rights. With the project of neo-liberal restructuring of the world underway, it is useful to recall the disjunction between the theory and …

Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur

Faculty Articles

Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power …

Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill

Faculty Articles

This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …

The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar

LLM Theses and Essays

The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …

"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli

LLM Theses and Essays

It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …

Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson

LLM Theses and Essays

This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …

Patent Protection Of Computer Programs, James P. Chandler

Minnesota Journal of Law, Science & Technology

No abstract provided.

Dialogue Magazine, Winter 2000

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Federal Environmental Law In The 'New Federalism' Era, Robert L. Glicksman, Stephen Mcallister

GW Law Faculty Publications & Other Works

As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important decisions, always decided with the same five justices in the majority, the Court has begun to redefine the federal-state relationship and the scope of federal authority. The past term generally continued that trend, with one important commerce power decision, one significant Eleventh Amendment/Fourteenth Amendment decision, and a number of decisions that involve or affect federalism and the scope of federal power, although the Court sometimes relied on statutory …

Editorial: Mandatory Reporting Of Child Abuse In Ireland: Some Cautionary Comments, Niall Mcelwee

Irish Journal of Applied Social Studies

The last year of the previous Millennium saw the publication of the latest government document on mandatory reporting of child abuse titled the National Guidelines for the Protection and Welfare of Children. This issue has come to dominate the minds of social care workers and child protection and welfare professionals. This editorial is an edited version of research conducted for a conference on child abuse and sexual offences held in Waterford, Ireland. Mandatory reporting has become a mantra and is now part of a highly politicised debate in this country. It seems to me that mandatory reporting should not be …

Time, Space And Presences: Bangladeshi Girls' Friendships In An English Primary School, James G. Deegan

Irish Journal of Applied Social Studies

The study reported here examined what it is like to be and have friends and how developing conceptions of friendships become embedded in children's peer cultures. It took place in two mixed Year 5 and Year 6 classes in a Church of England Local Education Authority Aided (C of E 'N) primary school in a working-class neighbourhood in a university town in East Anglia, England. A conceptually-split core theme emerged. The core theme is children's enabling and constraining negotiation of friendships and ethnicity within their own tacitly agreed upon boundaries of absences and presences, space and time, and locale. Implications …

Bitter Medicine: A Critical Look At The Mental Health Care Provider’S Duty To Warn In Texas, Charles E. Cantú, Margaret H. Jones Hopson

Faculty Articles

A quarter of a century has passed since Tarasoff v. Regents of the University of California first imposed a duty of care upon mental health care professions for third parties. In Tarasoff, the California Supreme Court held that once a therapist determines, or reasonably should have determined, a patient poses a significant danger of violence to others, the therapist bears a duty to exercise reasonable care to protect the foreseeable victim from that danger.

Tarasoff has since been widely accepted by both legislatures and courts as the basis for imposing the duty of reasonable care upon mental health care professionals …

State Safety Law And Loss Prevention Efforts As Predictors Of Safety Performance, Matthew Wayne Smitha

All ETDs from UAB

Workers' compensation costs began a dramatic increase in the 1980s. During the late 1980s and early 1990s a wave of workplace safety initiatives and workers' compensation system reforms were promulgated by state governments. The state mandatory workplace safety initiatives can be classified into the following four specific categories: (a) mandatory employer health and safety program requirements, (b) mandatory employee safety committee requirements, (c) targeted safety initiatives directed toward high claims or high accident employers, and (d) state regulation of insurance carrier loss control services. Occupational injury rates declined in all states during the time period 1992–1997. The purpose of this …

Three-Dimensional Computer Simulation Of Liquid Drop Evaporation, Mark Korlie

Department of Mathematics Faculty Scholarship and Creative Works

We use molecular dynamics simulation to describe a method that can be used to model liquid drop evaporation. For application, the liquid is taken to be water. Using the properties of the liquid and a Lennard-Jones potential, we derive dynamical equations, which are used to describe the gross dynamical behavior of the liquid-vapor molecular system. The resulting dynamical equations are solved numerically by a time stepping, numerical method. The evaporation of the liquid to the vapor phase is described.

When Is A Cd Factory Not Like A Dance Hall?: The Difficulty Of Establishing Third-Party Liability For Infringing Digital Music Samples, Rebecca Morris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Software As Discourse: The Power Of Intellectual Property In Digital Architecture, Brian F. Fitzgerald

Cardozo Arts & Entertainment Law Journal

As software increasingly facilitates our living, we are drawn more and more to conceptualize software as discourse. While this may sound trite, it is a fundamental point to appreciate.

One of the most significant intellectual developments of the latter part of the twentieth century has been the poststrucoturalist writing of thinkers like Foucault, Derrida, and Baudril-lard, who explain the multitude of power relationships we experience in our daily lives, the indeterminacy of law, the construction of meaning, and the role of language, or discourse, in the construction of meaning and identity. According to the post-structuralists, we live in an environment …

The Constitutionality Of Copyright Term Extension: How Long Is Too Long?, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Angiogenic And Osteogenic Potentials Of A Biocomposite Containing Fgf-1., Stacey Suzanne Kelpke

All ETDs from UAB

No abstract provided.