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2000

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A Preferred Vision For Administering High Schools : A Reflective Essay, James E. Zajicek Jan 2000

A Preferred Vision For Administering High Schools : A Reflective Essay, James E. Zajicek

Graduate Research Papers

Whether it be efforts to develop state and local standards, new forms of assessment, innovations in technology, or application of new approaches to teaching and learning, changes must occur in the place our society calls school. The complex nature of our education system requires courageous and responsible action on the part of individuals who believe in preparing our children for life in the 21st century. This is both a national priority as well as a moral responsibility. Business at school as usual is no longer an option. Change in the culture and instructional practices of today's school requires the dedication …

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Luminesence Study Of Polymer-Copolymer Blends Using A Carbazole/Iodine Probe/Quencher System, Tammy Davis Jan 2000

Luminesence Study Of Polymer-Copolymer Blends Using A Carbazole/Iodine Probe/Quencher System, Tammy Davis

Theses

The miscibility behavior of binary blends of polystyrene (PS), poly(methyl methacrylate) (PMMA) and their copolymers was re-evaluated using the luminescence of carbazole (Cz) and its quenching by 4-iodoaniline (I). The chromophore and quencher probes were polymerized into the polymers and copolymers to be blended. These experiments were conducted at room temperature, on thin films, and were compared to the published results of Braun, et. al.13Homopolymer/copolymer blend compositions were selected from regions of miscible, partially miscible, and immiscible phase behavior. The quencher molecule, 4-iodoaniline, was derivatized to form the vinylfunctionalized monomer, N-(4-iodophenyl)maleimide (NIPMI). The synthesis of NIPMI was carried out in …

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Issues Of Customer Satisfaction: A Study Of Monroe County Golf Courses, Tom Treat Jan 2000

Issues Of Customer Satisfaction: A Study Of Monroe County Golf Courses, Tom Treat

Theses

The golf industry has experienced an explosion as it has grown over the years into a $30 billion a year industry. The Monroe County golf industry has also experienced growth with over 40 private, semi-private, and daily-fee in competition for golf customers. This study of 12 Monroe County golf course owners and managers asks for their beliefs regarding customer satisfaction issues. Lastly, this study will categorize the responses by industry segment to see if there are patterns to management beliefs on golf course competitiveness and customer service strategies.

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Factors That Generate Effective Teams, Alberto V. Lenz Cesar Jan 2000

Factors That Generate Effective Teams, Alberto V. Lenz Cesar

Theses

The journey to prosper competitively in the millennium will demand teamwork. The use of a team-based structure in organizations is no longer just a surplus tool to enhance service quality in the operation. In today's developed economies, the use of effective teams has proven to be essential for helping businesses to have continued prosperity and success on a long-term basis. Further, building teams has shown means for organizations to differentiate from competition, once copying human capabilities is not easy as copying technologies advancements. Therefore, in an environment of constant change, organizations must have perseverance and courage to stay on course …

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Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson Jan 2000

Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson

Faculty Scholarship

The idea of extracompensatory damages for abusive breach of contract presents a fundamental conflict. Contract doctrine aims to facilitate exchanges. Extracompensatory damages are disincentives. These aims are essentially irreconcilable. And traditionally the goal of facilitating exchanges has trumped any interest in punishing bad conduct. But there is a lingering sense that sometimes a proportionate response to bad conduct surrounding breach requires more than the traditional measure of damages. At the edges of contract doctrine, two notable experiments manifest the sense that some breaches demand more than compensatory damages. One, the failed California experiment with bad faith breach, permitted the plaintiff …

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0698: W.Va. Chapter Daughters Of Founders And Patriots Of America Records, 1983-2000, Marshall University Special Collections Jan 2000

0698: W.Va. Chapter Daughters Of Founders And Patriots Of America Records, 1983-2000, Marshall University Special Collections

Guides to Manuscript Collections

This collection consists primarily of scrapbooks and correspondence created by the W.Va. Chapter Daughters of Founders and Patriots of America between 1971 and 2000. Scrapbooks contain photographs of members, many identified, as well as clippings about group activities. Also in the collection are treasurer records, member applications, minutes, and yearbooks and member lists from this time period.

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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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