Digital Commons Network^™

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Journal of Law and the Public Interest

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …

The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _

Richmond Journal of Law and the Public Interest

The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.

The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley

Richmond Journal of Law and the Public Interest

During the last decade, the "Big Six" accounting firms entered into the legal services market overseas by establishing, acquiring, or forming ties with law firms around the world. These entities or business relationships have been called "multidisciplinary practices" or MDPs. Unlike the United States, many European countries do not prohibit partnerships and fee splitting arrangements between lawyers and nonlawyers. The February 1998 issue of the American Bar Association Journal published an article entitled "Squeeze Play" describing a turf war between the major accounting firms and lawyers practicing law in Europe. KPMG Peat Marwick, Arthur Andersen, Ernst & Young, Price Waterhouse, …

Table Of Contents

Richmond Journal of Law and the Public Interest

No abstract provided.

Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis

Richmond Journal of Law and the Public Interest

The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …

An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to—tribal, state, and federal—we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only gradually been incorporated in various ways by various federal policies and day to day interactions with non-Indians. Tribal nations, of course, have never been constitutionally incorporated and still retain their standing as separate political bodies not beholden to either federal or state constitutions for their existence.

Advertisements And Sponsorships In Charitable Cyberspace: Virtual Reality Meets Legal Fiction, Darryll K. Jones

Journal Publications

By now, it is perhaps cliche to quote Sir Walter Scott's familiar refrain' when referring to communications occurring via the World Wide Web (the Web). And yet, that age-old wisdom comes readily to mind when one considers the unrelated business income tax (UBIT) as it relates to charities that, for consideration paid, participate in a profit-seeker's web-based marketing communications. That first lie, to be precise, is that a charity's payment-induced, unlimited public display of a profit-seeker's logo, slogan and product, when unaccompanied by "comparative or qualitative descriptions" or explicit requests to buy, results in no trade or business income for …

Central Washington University Track And Field Indoor Results, 1999-2000, Central Washington University Athletics

Track and Field

No abstract provided.

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …

Cwu Faculty Senate Minutes - Index 1999-2000, Nancy Bradshaw

Faculty Senate Minutes

No abstract provided.

Laidlaw And The Clean Water Act: Standing In The Bermuda Triangle Of Injury In Fact, Environemntal Harm, And Mere Permit Exceedances, Alberto B. Lopez

Articles

No abstract provided.

Making Bricks Without Straw: The Naacp Legal Defense Fund And The Development Of Civil Rights Law In Alabama 1940-1980, U. W. Clemon, Bryan K. Fair

Articles

No abstract provided.

The Sfa Mast Arboretum Plant Evaluation Program (Abstract), David Creech, Greg Grant, Dawn Parish

SFA Gardens Publications

No abstract provided.

'Texas Maroon’ Bluebonnet, Wayne A. Mackay, Jerry M. Parsons, Greg Grant, Steve George, Tim D. Davis, Larry Stein

SFA Gardens Publications

The Texas state flower, the bluebonnet, encompasses all six of the Lupinus species native to Texas. The most widespread and popular bluebonnet, Lupinus texensis Hook., is a winter annual that produces violet-blue [violet-blue group 96A, Royal Horticultural

Society (RHS), 1982] racemes in early to midspring and is predominately self-pollinating.

The Texas Dept. of Transportation uses this species widely for floral displays along roadsides throughout much of the state (Andrews, 1986). Rare white and even rarer pink variants exist in native populations, and a breeding project was initiated in 1985 to develop bluebonnets with novel flower colors for use as bedding …

Perspective And Ideal In Chariton's "Chaireas And Callirhoe", Jean Alvares

Department of Classics and General Humanities Faculty Scholarship and Creative Works

Chariton's Aphrodisias celebrated Greek, Roman and even Eastern traditions, as the Greek novelists did generally, and his romance shares many elements of Second Sophistic practice; fittingly, the text's opposition of Greek vs. barbarian is rather nuanced; various passages undercut such ethnocentric presumptions by showing Greeks and Asians relying (mistakenly) on traditional views of each other. The basically happy outcomes enjoyed by Artaxerxes and Chaireas, compared to the relatively sad fate of Dionysios, a character who embodies many of the aspirations of Chariton's readers, is connected to their participation in one of two myths of the ideal state; one of the …

Cellular Automata Study Of The Feasibility Of A Parallel Optical Computer, Jason Robert Lane

Masters Theses

"The speed of modern electronic computers has inherent design limitations which will soon be reached. A possible substitute is the optical computer. In this project, the feasibility of the optical computer is explored by designing and building a parallel optical system. This system is used to test the basic principles that would govern a parallel optical computer. The system is based on the principle of cellular automata, which is a simulation technique used to study interactions of objects in a system. The following goals were set. The system would be based on cellular automata. A one-dimensional array with nine cells, …

Reconstitution And Characterization Of Membrane Proteins, Sarah Mia Pates

Masters Theses

“A membrane protein, cytochrome c reductase, was crystallized and examined using transmission electron microscopy. Two-dimensional crystals were prepared by two methods. In Method 1, the protein was solubilized in 50 mM Tris-Acetate (pH 6.0)/0.5 mM EDTA70.05% (w/v) Triton X-100 and reconstituted into a mixture of phosphatidylcholine and phosphatidylserine (4:1), dissolved in the same buffer. The Triton X-100 was removed from the mixture by dialysis in the presence of Bio-beads (SM-2) at approximately 25-30 °C. Method 2 was the same as Method 1, except that the vesicles were fractionated before reconstitution, and the pH and temperature for crystallization were 7.0 and …

Investigation Of Pattern Classification And Feature Selection Of Gaussian Processes, Vivek Ramaprasad

Masters Theses

"This thesis focuses on the application of statistical techniques for pattern classification where the patterns are power spectra of the recorded acoustic signals of occluded objects. Different approaches used to classify are : The Bayes linear and piece-wise linear classifiers, the correlation classifier, classification using error spectra and the clustering algorithm. Classifiers were designed and experiments were conducted to investigate the performance. The performance is evaluated in terms of the percentage efficiency by counting the number of vectors identified correctly and the number of vectors which were misclassified. The feature vectors from primitive measurement space is then reduced to lesser …

Rumors Of Wars: Presidential And Congressional War Powers, 1809-1829, David P. Currie

University of Chicago Law Review

Drawing the line between congressional and presidential war powers has been a popular and controversial pastime throughout the past half century. But the problem is by no means new. Presidents Washington and Jefferson famously declared modest views of presidential authority in this field. The present Article takes up the story where Jefferson left off, examining legislative and executive materials illuminating a series of diplomatic and military crises that occurred during the Administrations of Madison, Monroe, and John Quincy Adams: the occupation of West Florida, the first Seminole War, the Monroe Doctrine, and other events arising out of our relations to …

The Justiciability Of Municipal Preemption Challenges To State Law, Alexander Willscher

University of Chicago Law Review

No abstract provided.

Data As Ensembles Of Records: Representation And Comparison, Nicholas Howe

Computer Science: Faculty Publications

Many collections of data do not come packaged in a form amenable to the ready application of machine learning techniques. Nevertheless, there has been only limited research on the problem of preparing raw data for learning, perhaps because widespread differences between domains make generalization difficult. This paper focuses on one common class of raw data, in which the entities of interest actually comprise collections of (smaller pieces of) homologous data. We present a technique for processing such collections into high-dimensional vectors, suitable for the application of many learning algorithms including clustering, nearestneighbors, and boosting. We demonstrate the abilities of the …

The University Of Nebraska Sociology Centennial: An Archival And Documentary Souvenir, Michael R. Hill

Department of Sociology: Faculty Publications

This documentary souvenir is published in conjunction with the centennial celebration of the Department of Sociology at the University of Nebraska-Lincoln, March 3-4,2000. Copies for distribution during the centennial festivities are provided, in part, courtesy of the George Elliott Howard Institute for Advanced Sociological Research. The archival and documentary items selected for inclusion in this special supplement to Sociological Origins are, of necessity, culled from a much larger pool of potential items, many of which could easily be included in such a compilation with equal justification. All materials reproduced herein posses unique historic value, and it is hoped too that …

Collecting Early Nebraska Sociology: Selections From The Collections Of Mary Jo Deegan And Michael R. Hill, Mary Jo Deegan, Michael R. Hill

Department of Sociology: Faculty Publications

No abstract provided.

Training Training-Room Skills, Alan Waters, Maria Luz C. Vilches

English Faculty Publications

A process-oriented approach to training teachers in ELT teaching methods is nowadays commonplace. To operate such an approach, the teacher trainer needs to be able to handle the skills involved in, inter alia, introducing a teacher training session, conducting awareness-raising, providing input, setting up, monitoring and rounding off small-group activities, feeding back on participants’ ideas and concluding the session. In other words, just as the ELT teacher needs to master a repertoire of classroom skills for handling ELT activities, so the teacher trainer needs to acquire a knowledge of the training-room skills involved in such teacher training procedures Both classroom …

A Methodology To Estimate Load And Non-Load Shares Of Highway Pavement Routine Maintenance And Rehabilitation Expenditures, Zongzhi Li, Kumares C. Sinha

JTRP Technical Reports

The present study focused on the estimation of load and non-load shares of pavement maintenance and rehabilitation expenditures. The information provides the basis for the allocation of pavement-related expenditures in a highway cost allocation study. A comprehensive database was developed in the study, and an aggregate performance approach was used based on econometric models. This approach utilizes the marginal effect of traffic loading to quantify the load and non-load shares of pavement routine maintenance and rehabilitation expenditures. The study revealed that the share of pavement damage attributable to load and non-load factors depends on several factors such as the type …

A Field Study Of Scour Monitoring Devices For Indiana Streams, Thomas J. Cooper, Huey-Long Chen, Dennis A. Lyn, A. Ramachandra Rao, A. G. Altschaeffl

JTRP Technical Reports

INDOT is considering the deployment of fixed scour-monitoring instrumentation as part of a systematic response to the problem of scour around bridge piers. Fixed-in-place automated scour-monitoring devices measure the depth of scour at the point where they are installed. Unless they are installed at the location where maximum scour occurs, their readings may give a misleading estimate of scour potential. This raises a number of technical issues concerning their effective deployment and the interpretation of the collected data, which should be resolved in order to maximize the benefits to INDOT from using these monitoring devices. These include the location of …

Borman Expressway Point-To-Point Wireless Modem, J. V. Krogmeier, Michael P. Fitz

JTRP Technical Reports

The Federal Highway Administration has a nationwide allocation of five frequency pairs in the 220-222 MHz Narrowband Radio Services band which are intended for application in Intelligent Transportation Systems. These frequencies are available for use by state DOTs (subject to FHWA approval) and provide an attractive solution for certain low to medium bit rate data communications applications. However, given the limited bandwidth available in these channels, very efficient modems will be required to make maximum beneficial use of this resource. The goal of this project was to design, field test, and deploy a digital radio which uses the 220-222 MHz …

Construction Data Management 2000, Bob G. Mccullouch

JTRP Technical Reports

Construction Data Management 2000 was a project designed to help guide INDOT into using emerging technologies to meet data management needs in the construction process. The landscape at INDOT has changed, having been shaped through the factors of increased workloads, a reduced number of employees, and increasing dependence on outside consultants to fill the needs. This has resulted in changing roles for INDOT employees creating differing data management needs. This project looked into this area, studied various answers, and is recommending solutions. This report describes the work performed and proposes recommendations with supporting documentation. The original project scope had the …

Determination Of Practical Esals Per Truck Values On Indiana Roads, Sedat Gulen, John Nagle, John Weaver, Victor Lee Gallivan

JTRP Technical Reports

The Indiana Department of Transportation (INDOT) has been using ESAL (Equivalent Single Axle Load) values for pavement design. The current ESAL values were obtained in the late 1970. However, truck deregulation and higher allowable maximum loads have increased the 1970's values. Updated ESAL values are needed for better road designs. The 1998 and 1999 traffic data from the all Weight-in-Motion (WIM) stations were obtained and used to compute updated ESAL values for multiple unit trucks (Class 9/F-9) and single unit trucks (Class 5, 6 and 7). Statistical analyses indicated that average ESAL values for 1998 and 1999 are statistically the …

Field Implementation Of Bioremediation At Indot Facilities-Phase I, Loring F. Nies, Brett Robert Baldwin, Matthew B. Mesarch

JTRP Technical Reports

Bioremediation is often the most cost-effective and successful technique available for the remediation of soils and groundwater contaminated with organic pollutants (e.g. petroleum). The goal of bioremediation is to stimulate naturally occurring microorganisms to biodegrade the contaminants to harmless products. To be in compliance with EPA regulations all underground fuel storage tanks must have spill, leak and corrosion protection. Many older obsolete tanks had deteriorated to the extent that petroleum products had leaked into the environment. In the past, petroleum contaminated soils were typically excavated, followed by landfilling of the contaminated material. The continued use of landfills for disposal of …