Digital Commons Network^™

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.

Acuta Enews December 2000, Vol. 29, No. 12

ACUTA Newsletters

In This Issue

UConn Wins in Court

ACUTA EVENTS

Spotlight on Volunteers

DC Update

Board Report

Higher Education and Truth-in-Billing

Web Site Recognition

Welcome New Members

Positions Available

Variation At Tri- And Tetranucleotide Repeat Microsatellite Loci In The Fruit Bat Genus Cynopterus (Chiroptera: Pteropodidae), Jay F. Storz

Jay F. Storz Publications

There is considerable uncertainty surrounding the taxonomic relationship between Cynopterus sphinx and C. brachyotis, and the status of the many named forms within C. sphinx (Storz & Kunz 1999). Polymorphic microsatellite markers for cynopterine fruit bats would greatly aid efforts to elucidate species boundaries and genetic correlates of morphological variation within species. To assess levels of variation in C. sphinx and C. brachyotis, microsatellite genotypes were obtained for a total of 731 bats (620 C. sphinx and 111 C. brachyotis).

“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 …

Pseudokarst Commission Newsletter, No. 6, December 2000, István Eszterhás

Pseudokarst Commission Newsletter

Contents: Preliminary Setup for the 8th International Symposium on Pseudokarst -- Root Stalagmites -- Istavan Eszterhas, Member of the Explorers Club -- The State of the Hungarian Pseudokarst Researchers -- New Knowledge of the Ragac Chasm in Cerova Mountain, Slovakia

Assessing The Impact Of A Change In Institutional Aid Policy: A Simulation Tool, Stephen L. Desjardins

Journal of Student Financial Aid

This article describes the development and use of a simulation model designed to assist institutional policy makers in assessing a proposal to discount non-resident student tuition by offering a new institutional scholarship. The model proved to be a valuable tool for administrators in evaluating a wide range of policy alternatives, in the areas of enrollment, quality of the class, and net tuition revenue effects.

Combinatorial Approach To Planar Non-Colliding Robot Arm Motion Planning, Ileana Streinu

Computer Science: Faculty Publications

We propose a combinatorial approach to plan non-colliding motions for a polygonal bar-and-joint framework. Our approach yields very efficient deterministic algorithms for a category of robot arm motion planning problems with many degrees of freedom, where the known general roadmap techniques would give exponential complexity. It is based on a novel class of one-degree-of-freedom mechanisms induced by pseudo triangulations of planar point sets, for which we provide several equivalent characterization and exhibit rich combinatorial and rigidity theoretic properties. The main application is an efficient algorithm for the Carpenter's Rule Problem: convexify a simple bar-and-joint planar polygonal linkage using only non …

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.

A Trade Policy For The United States, Murray L. Weidenbaum

Murray Weidenbaum Publications

The Trade Deficit Review Commission was established to study the nature, causes, and consequences of the U.S. trade deficits. This report discusses recommendations on how the nation can become more competitive in the global marketplace.

Promoting The Case For Free Trade, Murray L. Weidenbaum

Murray Weidenbaum Publications

The final report of the Trade Deficit Review Commission focused on the numerous disagreements between the Republican and Democratic members. In this report, Murray Weidenbaum wants to highlight the strong free trade message supported by the Republican members.

Key Challenges Facing President-Elect Bush, Murray L. Weidenbaum

Murray Weidenbaum Publications

This paper focuses on the serious issues facing our nation during a difficult and perhaps dangerous period. Politically, Bush must work to restore the public's confidence in the presidency and develop a good working relationship with Congress. Bush will also have to deal with a slowing economy in which inflation is still rising. Domestically, fiscal policy and regulation will prove difficult issues to resolve. Finally, president-elect Bush must set a strong foreign policy agenda, as there are problem areas almost everywhere one looks around the globe.

Beta-Adrenergic Receptor Blockade By Propranolol Enhances Retention In A Multitrial Passive-Avoidance Procedure, Allen M. Schneider, Nancy Koven , '98, Kimberly A. Lombardo , '98, Dimitriy A. Levin , '01, Peter E. Simson , '78

Psychology Faculty Works

The effect of beta -adrenergic receptor blockade on retention in a mildly aversive passive-avoidance procedure was investigated. Rats were given passive-avoidance training-1 trial per day for 4 days-and were administered saline, the centrally and peripherally acting beta -adrenergic blocker propranolol (4 or 10 mg/kg ip), or the peripherally acting P-adrenergic blocker sotalol (4 or 10 mg/kg ip) immediately or 2 hr after the Ist trial. Enhanced retention occurred only with the higher dose (10 mg/kg) of propranolol and only when it was administered immediately after training. The enhanced retention produced by propranolol is discussed in terms of opposing, regionally specific …

Assessment Of Occurrences Of Magnificent Frigatebirds In Northwest Florida: The Influence Of Weather And Roosts, Douglas B. Mcnair

North American Birds

No abstract provided.

New Mexico, Sartor O. Williams Iii

North American Birds

No abstract provided.

Oregon-Washington, Steve Mlodinow, Bill Tweit, Bill Tice

North American Birds

No abstract provided.

Quebec, Pierre Bannon, Yves Aubry, Normand David, Samuel Denault

North American Birds

No abstract provided.

Remote Sensing Survey Of The Great Pee Dee River To Inventory Underwater Archaeological Sites, James D. Spirek

Faculty & Staff Publications

No abstract provided.

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.

As I Recall... December 2000, Lee County Medical Society

As I Recall Column

"As I Recall…" Column written by Dr. Roger D. Scott for the December 2000 Lee County Medical Society Bulletin newsletter. The entire Bulletin is included, but "As I Recall…" is on page 1 and 2.

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. …

An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush

University of Michigan Journal of Law Reform

A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.

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 …

[Price Laboratory School] Newsletter, V11n4, December 2000, University Of Northern Iowa. Malcolm Price Laboratory School

Malcolm Price Laboratory School Newsletter

Inside this Issue:
-- Wendell's Article
-- AFPLS/PTP Benefit Auction
-- PTP NEWS American Education Week
-- 3rd Annual PLS Golf Outing & PTP Fundraiser
-- mall4schools Program
-- Student Directory
-- Thank you PTP, Student Council and Administrators
-- The Auction continues...for a digital copier
-- Girls Cross Country
-- Notes from the Middle School Coordinator
-- IAHPERD Conference Held on November 3 and 4
-- Amnesty International Chapter Founded at NU High
-- Support Our School With These Fund Raisers!
-- Welcome New Student
-- NUHS to host State Individual Events Speech Contest Volunteers Needed!
-- Creative Drama …