Digital Commons Network^™

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Washington and Lee Law Review

No abstract provided.

Who's The Boss?: Statutory Damage Caps, Courts, And State Constitutional Law, Matthew W. Light

Washington and Lee Law Review

No abstract provided.

Technoliability: Corporate Websites, Hyperlinks, And Rule 10(B)-5, Mason Miller

Washington and Lee Law Review

No abstract provided.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

Nova Law Review

No abstract provided.

Listening To Silenced Voices: Examining Potential Liability Of State And Private Agencies For Child Support Enforcement Violations, Karen Gievers

Nova Law Review

No abstract provided.

Providing Counsel To Children In Dependency Proceedings In Florida, Michael J. Dale

Nova Law Review

No abstract provided.

Nova Law Review 26, 1

Nova Law Review

No abstract provided.

I Know That I Taught Them How To Do That, Laurel Oates

Faculty Articles

Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.

Acer 2000-2001 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.

The Cycles Of Statutory Interpretation, Adrian Vermeule

University of Chicago Law Review

This Article advances an explanation of interpretive change--the fact that the Supreme Court frequently changes the nominal formulation of its rules for statutory interpretation, and to some degree changes its actual interpretive practice as well. The prevailing styles of explanation attribute interpretive change to exogenous shocks such as a change in the party composition of the legislature or a string of judicial appointments. The Article criticizes the exogenous explanatory style on methodological grounds, and advances an alternative model that attributes interpretive change to endogenous shifts in the expectations of actors in the interpretive system. In particular, the Article develops a …

Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber

University of Chicago Law Review

No abstract provided.

Freed Finance Company V. Stoker Motor Company, A Utah Corporation; Roland E. Gisnburg And James A. Kohn; Utah State Tax Commission; Uted States Of America; And Atex Corporated, A Utah Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Summary Judgment of Foreclosure of Real Estate Mortgage District Court of Salt Lake County, Utah, Honorable Stewart M. Hanson, Jr. District Judge

Herbert Burton And Florence Burton V. Alan H. Coombs, Carla H. Coombs, Four Seasons Motor Inn. Inc., And Four Seasons Motor Inn Ii, Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Merrill Bean Chevrolet, Inc. V. State Tax Commission Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Kent W. Holman And Alfred G. Kesler, Dba Golden Spike Reality And Construction V. Blair W. Sorenson And Marjean Sorensen : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Bank Of Pleasant Grove V. Earl A. Johnson & Beth R. Johnson: Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of The Fourth District Court of Utah County, Honorable Maurice Harding, Judge.

Fred N. Hobson V. Panguitch Lake Corporation : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

NEWLY UNCOV OF HOBSON R ED CASES "ONDENTS APPEAL FROM THE JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT FOR GARFIELD COUNTY. STATE OF UTAH Honorable Ferdinand Erickson, Judge

John Leach V. Norma B. Anderson And Valley Bank And Trust Company : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the Third District Court of Salt Lake County, Honorable James S. Sawaya, Judge

Non-Predictability Of Abdominal Strength And Function With Trunk Manual Muscle Testing In Patients With Low Back Pain, Eric C. Shamus

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to determine the ability of the Clarkson and Gilewich manual muscle test of trunk flexion and rotation to predict abdominal muscle strength and function in patients with low back pain. In examining movement and function, physical therapists routinely test muscle strength.

The participants consisted of thirty-one adults with complaints of low back pain. For each subject, five tests were conducted. A manual muscle test of trunk flexion and rotation, dynamometer measurement of trunk flexion strength, and lumbar stabilization during a partial curl up and single leg slide were performed. Pearson product correlational statistics were …

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Journal Articles

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …

The Effects Of Hamilton's Power Writing Strategy On The Writing Test Scores Of Fourth-Grade Hispanic And Haitian Esol Students, Ann Elizabeth Jackman

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The writing test scores of linguistically and culturally diverse students in Southeast Florida have been consistently lower than those of mainstream students. This quantitative, experimental study investigated the effects of the Power Writing (Hamilton, 1997) strategy on the writing test scores of fourth-grade Hispanic and Haitian ESOL students. Four null hypotheses were tested: (a) There is no significant difference between the pretest and posttest scores of the experimental group. (b) There is no significant difference between the posttest scores of the experimental and control groups. (c) There is no significant difference between the scores of the Hispanic and Haitian students. …

Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn

Faculty Scholarship

The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney

St. Mary's Law Journal

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …

Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub

Case Western Reserve Journal of International Law

This is called an article in the print version, but it appears to be (a note) written by a law student.