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2000

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0694: Amy Hudok Collection, 1973-2000, Marshall University Special Collections Jan 2000

0694: Amy Hudok Collection, 1973-2000, Marshall University Special Collections

Guides to Manuscript Collections

This collection is composed of Amy Hudok’s collected materials about Edwina Pepper, principally, scanned copies of “The Mountain Call” on CD and a manuscript titled, “Writings of Edwina Pepper” about her experiences in Appalachia. included in the collection is a clipping on Edwina S. Pepper from the “West Virginia Hillbilly” and research notes listing contacts that knew Pepper.

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0690: James Wilson Papers, 1842-1854, Marshall University Special Collections Jan 2000

0690: James Wilson Papers, 1842-1854, Marshall University Special Collections

Guides to Manuscript Collections

This collection contains a color copy of a bill of sale (1842) for two slaves and receipt (1854) for one slave, livestock, and other purchases by James Wilson, Cabell Couny, Virginia (now West Virginia) farmer. Individuals mentioned in the collection include Thomas M. Shelton, John M. Rece, and James C. Wilson, Celia (no age listed, 1854 document), Minerva (18 years old?, 1842 document), and Edmund (13 years old, 1854 document).

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0691: Carl Burrowes Papers, 1988-1997, Marshall University Special Collections Jan 2000

0691: Carl Burrowes Papers, 1988-1997, Marshall University Special Collections

Guides to Manuscript Collections

This collection contains files related to the organization of the West Virginia Black History Conference and the Alliance for the Collection, Preservation, and Dissemination of WV’s Black History, as well as other items related to African American history in West Virginia. Material includes notes on presenters and topics as well as clippings, newsletters, and correspondence. The collection is divided into three series: Series I, Conference Materials; Series II, Additional Black History Material; and Series III, Alliance for the Collection, Preservation, and Dissemination of WV’s Black History.

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Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono Jan 2000

Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono

Richmond Journal of Law & Technology

Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.

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Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii Jan 2000

Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii

Richmond Journal of Law & Technology

The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.

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Masthead Jan 2000

Masthead

Richmond Journal of Law & Technology

No abstract provided.

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Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett Jan 2000

Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett

Richmond Journal of Law & Technology

Let me say it's a pleasure to be here. It's both a privilege and a pleasure to have the opportunity to speak with you on topics certainly near and dear to my heart having to do with technology. It is a pleasure for me to welcome you to the 9th Annual Austin Owen Lecture, and to welcome you to my alma mater. It's a pleasure for me to be back here on this campus almost weekly, participating in a variety of different activities.

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Consumer Privacy, James M. Mccauley Jan 2000

Consumer Privacy, James M. Mccauley

Richmond Journal of Law & Technology

Pretty scary. This whole business of technology and privacy. I don't know about you but it makes me think about that John Grimes song where he wanted to blow up the TV, throw away the paper, and move to the country. I think that there are probably some things that we can do and that we cannot do. One of the things that comes to mind in listening to my colleagues talk about the shutdown of the dotcoms, last year Congress overhauled the 65 year prohibition against insurance companies not being permitted to get involved in financial services and banking. …

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E-Business, E-Commerce & The Law, John F. Rudin Jan 2000

E-Business, E-Commerce & The Law, John F. Rudin

Richmond Journal of Law & Technology

Advocates argue that UCITA (Uniform Computer Information Transactions Act) provides rules of the road for the technology highway much like the Uniform Commercial Code (UCC) has done with our commerce system for several decades. However, the UCC provides a level playing field where businesses and customers are aware of the rules prior to conducting business. Among its many shortcomings, UCITA lacks the notice and disclosure features of the UCC. A simple double click of a mouse with the cursor on an icon that reads "I accept" binds the customer to a contract that has not been reviewed prior to purchase. …

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Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby Jan 2000

Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby

Richmond Journal of Law & Technology

From the heated rhetoric of both proponents and opponents of UCITA, one would think that UCITA represented a radical change from current law. From the standpoint of this practitioner, however, UCITA represents more of an evolutionary than a revolutionary change in the law. In at least three critical areas, the enforceability of "paperless contracts," dispute resolution, and "self-help" remedies, UCITA is arguably consistent with current law or at least the trend of current law. Indeed, the main inconsistency between UCITA and current law is that current law is at times inconsistent. From the standpoint of most businesses, certainty is preferable …

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Alliance Management: The Journey Towards Partnerships, Robert E. Spekman Jan 2000

Alliance Management: The Journey Towards Partnerships, Robert E. Spekman

Richmond Journal of Law & Technology

Mr. Spekman discusses corporate alliances.

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The Law Professor As Populist, Mark A. Graber Jan 2000

The Law Professor As Populist, Mark A. Graber

University of Richmond Law Review

A new populism is taking root in the strangest soil, American law schools. Tocqueville regarded "the profession of law" as an "aristocratic element," "a sort of privileged body in the scale of intellect." Lawyers, he observed, belonged to "thehighest political class," and routinely developed "some of the tastes and habits of aristocracy." During the 1990s, however, bold challenges to elite rule in the name ofpopular majoritarianism were issued by distinguished professors and chair holders at the most prestigious law schools in the United States. Such leading jurists as Richard Parker, Jack Balkin, Akbil Reed Amar, Sanford Levinson, and Mark Tushnet …

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University Of Richmond Law Review Jan 2000

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill Jan 2000

Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill

University of Richmond Law Review

The Commonwealth of Virginia is so named (as opposed to being denominated simply a "state") because the term "commonwealth" is used to indicate a government in which "supreme power is vested in the people."' That term is particularly apt, for in what better way does a government provide for the common weal of its people than by protecting them against crime, while at the same time respecting their individual rights and liberties? This is a delicate balance, one that is reflected in this survey of the most recent developments in Virginia criminal law and procedure. The legislative enactments and judicial …

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Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii Jan 2000

Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii

University of Richmond Law Review

Developments in Virginia construction law during the year 1999-2000 were more modest than those of 1998-1999. Still, several decisions by the Supreme Court of Virginia, the Virginia Court of Appeals, and the United States Court of Appeals for the Fourth Circuit justify the attention of those involved in the construction industry and its related legal practice. These cases address topics involving mechanic's lien waivers, the bar of sovereign immunity, recovery of direct and consequential damages, surety obligations, tortious interference with the bid process, and sanctions by the Virginia Board of Contractors. The majority of these cases demonstrate that the appellate …

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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 2000

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year generally has been another quiet one for children's legal issues in Virginia, although it was a busier than normal year in the United States Supreme Court with the grandparents' visitation case, the Texas high school football game prayer case, a significant Title I case involving the provision of instructional material to religiously operated schools, and the gay Boy Scout leader case. Not as much occurred at the state level, with little legislation of great significance to children and youth being enacted at the 2000 General Assembly session. However, a succession of cases interpreting and applying Baker v. …

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Annual Survey Of Virginia Law: Environmental Law, Eric A. Degroff Jan 2000

Annual Survey Of Virginia Law: Environmental Law, Eric A. Degroff

University of Richmond Law Review

This article summarizes federal and state environmental developments occurring in, or potentially affecting, the Commonwealth of Virginia during the period of June 1998 to June 2000. Legislative, regulatory, and judicial developments are included.

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Trial Participants In The Newsgathering Process, C. Thomas Dienes Jan 2000

Trial Participants In The Newsgathering Process, C. Thomas Dienes

University of Richmond Law Review

The 1990s produced a number of sensational criminal and civil trials. The media and public avidly followed the murder trials of O.J. Simpson and the Menendez brothers, the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols, and the trial of those charged in the World Trade Center bombing. Civil trials involving products liability, medical malpractice, environmental pollution; the civil trial of O.J. Simpson; Paula Jones's sexual harassment action against President Clinton; and the notorious antitrust case against Microsoft similarly captured the public's attention. Also, as might be expected, trial judges and the legal system generally grappled with questions …

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Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky Jan 2000

Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky

University of Richmond Law Review

Few occu.pations or professions rank lower than reporters in public esteem. In July 1999, Justice Stephen Breyer participated as a panelist at the Ninth Circuit Judicial Conference and was challenged by Associated Press reporter Linda Deutsch about the absence of cameras in the Supreme Court. Justice Breyer explained that the Court did not want to risk its relatively high level of public esteem by placing itself on television. Justice Breyer noted the lack of respect for the media and said that the Court did not want to see its esteem ratings lowered to that of the press.

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Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil Jan 2000

Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil

University of Richmond Law Review

When the Supreme Court first addressed the status of "ride- alongs" in late May of this year, the role of the news media could have been treated in any of several ways. The law enforcement officers, who were sued for invasion of privacy because they invited reporters to accompany them while serving an arrest warrant in a private home, offered several extenuations. The presence of journalists, they argued, would provide direct information to the general public about important news events. Moreover, reporters who took part in the arrest could, in a sense, keep the police honest, or at least make …

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University Of Richmond Law Review Index Jan 2000

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

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A Dynamic, New Age Of Political Participation, James S. Gilmore Iii Jan 2000

A Dynamic, New Age Of Political Participation, James S. Gilmore Iii

University of Richmond Law Review

For Virginians, the new millennium marked more than the passage of a symbolic moment in time. We wrote history, dawning a dynamic, new age of political freedom and progress in the Commonwealth.

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University Of Richmond Law Review Jan 2000

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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A Constitutional And Statutory History Of The Telephone Business In South Carolina, William J. Quirk, Fred A. Walters Jan 2000

A Constitutional And Statutory History Of The Telephone Business In South Carolina, William J. Quirk, Fred A. Walters

South Carolina Law Review

No abstract provided.

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Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson Jan 2000

Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson

South Carolina Law Review

No abstract provided.

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Employers Beware: South Carolina's Public Policy Exception To The At-Will Employment Doctrine Is Likely To Keep Expanding, Melanie Robin Galberry Jan 2000

Employers Beware: South Carolina's Public Policy Exception To The At-Will Employment Doctrine Is Likely To Keep Expanding, Melanie Robin Galberry

South Carolina Law Review

No abstract provided.

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Better-Off Walking: Wyoming V. Houghton Exemplifies What Acevedo Failed To Rectify, Erin Morris Meadows Jan 2000

Better-Off Walking: Wyoming V. Houghton Exemplifies What Acevedo Failed To Rectify, Erin Morris Meadows

University of Richmond Law Review

Over the years the United States Supreme Court attempted to produce bright-line rules governing the automobile exception to the Fourth Amendment's warrant requirement. However, the Court's numerous, often confusing decisions in the past eight decades served only to blur those lines. With each attempt to fashion rules that would be workable for both law enforcement in application and lower courts in administration, citizens' Fourth Amendment rights were narrowed. Each time the Court attempted to clarify a rule, it expanded police power to conduct virtually limitless warrantless searches, consistently eviscerating personal privacy rights. The result is an exception originally intended to …

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National Sovereignty And Economic Globalization: An Analysis Of The Role Of The Imf In The Changing World, Olga Vladimirovna Kuznetsova Jan 2000

National Sovereignty And Economic Globalization: An Analysis Of The Role Of The Imf In The Changing World, Olga Vladimirovna Kuznetsova

UNLV Retrospective Theses & Dissertations

Chapter 1 outlines empirical and normative theories of national sovereignty. A comprehensive analysis of the origins and evolution of sovereignty is offered. We suggest that the notion of absolute sovereignty is antiquated and needs scientific reassessment; Chapter 2 discusses theories of the nation-state , while keeping in mind that the conceptualization of the nation-state is intertwined with that of sovereignty; Chapter 3 gives a comprehensive overview of contending theories of globalization ion and definitional confusion associated with the concept. We conceptualize globalization in general and economic globalization in particular; Chapter 4 takes the International Monetary Fund as a case study …

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An Empirical Investigation Of Antecedents And Consequences Of Loyalty For Local Casino Customers, Junjian Sui Jan 2000

An Empirical Investigation Of Antecedents And Consequences Of Loyalty For Local Casino Customers, Junjian Sui

UNLV Retrospective Theses & Dissertations

The primary purpose of this exploratory study was to examine the antecedents and consequences of loyalty relationship in the gaming industry. Building upon a conceptual framework of loyalty, this study proposed and tested a reduced model to investigate the relationship between the loyal behavior and its three antecedents: confidence, emotion, and switching cost. This study also looked at the variation of customer' spending across service lines relative to customer loyalty. Data were collected from 250 local casino customers who are members of a frequent player program in Las Vegas, Nevada. Multiple regression analysis and t test were employed to analyze …

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The Challenges Of Opera Direction, Dean Frederick Lundquist Jan 2000

The Challenges Of Opera Direction, Dean Frederick Lundquist

UNLV Retrospective Theses & Dissertations

The Challenges of Opera Direction is an investigation of the art of the opera stage director. In addition to a brief history of opera, the investigation includes opinions of leading international directors. Furthermore it details directing techniques and examples gleaned from the direction of Mozart's The Impresario (Der Shauspieldirektor) and Donizetti's The Elixir of Love (L'elisir d'amore) both at UNLV and an assistant directing internship with Seattle Opera's production of Delibes's Lakme. Also included are chapters on the art of collaborating with conductors, designers and performers.

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