Digital Commons Network^™

State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich

Faculty Publications

Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri …

Administrative Denaturalization: Is There Nothing You Can Do That Can't Be [Un]Done, Jon B. Hultman

Loyola of Los Angeles Law Review

No abstract provided.

A Pack Of Wild Dogs: Chew V. Gates And Police Canine Excessive Force, Mark Weintraub

Loyola of Los Angeles Law Review

No abstract provided.

Are Bank Deposits And Bank-Affiliated Managed Funds Close Substitutes?, David E. Allen, Jerry T. Parwada

Research outputs pre 2011

This study tests the hypothesis that bank liabilities and managed funds are close substitutes. Some literature associates the alleged decline in banking business with the disintermediation of banks’ traditional deposit-taking business in favour of investment management. A comparative assessment of managed fund and bank deposit qualitative attributes fails to support substitutability. Using data on Australian bank-affiliated funds and a nine-year record of bank liability balances, this study finds that, empirically, managed funds do not displace bank liabilities. Prudential capital adequacy requirements dissuade banks from using in-house managed investments as indirect conduits for raising funds in the same manner as deposit …

Your Place, My Place, Interface, Lelia Green (Ed.)

Research outputs pre 2011

This publication is the output of 2001 School of Communications and Multimedia post-graduate cohort. For many of us this is the first time our own work will be seen beyond the assignment or the essay destined for the tutor. For students from the interactive multimedia and film and video streams communicating in the written word without the assistance of pictures and electrical gadgetry can be a frightening experience. Further, most us of had little experience in creating or simulating an academic journal with all that it entails. Still, with assistance of our publications unit coordinator Lelia Green we soldiered on. …

A Drifter Study Of Advection, Deformations, And Patch Variances With Application To Larval Transport And Dispersal In Barataria Bay, Louisiana., Terry L. Schaefer

LSU Historical Dissertations and Theses

Field studies were conducted to characterize flow fields and their effect on larval transport and retention within Barataria Bay, Louisiana. Drifter tracking and passive larval sampling was conducted monthly during the spring and summer months from 1994 through 1996. Fifteen drifter tracking sessions were conducted over full tidal cycles (diurnal). Drifter positions were determined approximately every thirty minutes using a GPS receiver. A spline interpolation was used to estimate drifter positions at synchronous five-minute intervals. An analytical methodology of Okubo and coworkers was used to compute deformations; and changes in patch variances from the drifter positions. Mean tidal advection and …

Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera

St. Mary's Law Journal

Unless Texas expressly waives its Eleventh Amendment sovereign immunity, its state employees will not have similar legal recourse and protection as those available to private employees. As in many other states, a party may not sue the State of Texas without its consent. Thus, in the absence of constitutional or statutory provisions to the contrary, a state may claim sovereign immunity against any suit brought by a private party in both federal and state court. As a result, the Eleventh Amendment effectively precludes private individuals from suing a state in both federal and state court for violating a federal statute …

Regulation Fd: Sec Reestablishes Enforcement Capabilities Over Selective Disclosure., John P. Jennings

St. Mary's Law Journal

This Recent Development focuses on the potential effects Regulation Fair Disclosure (FD) will have on the participants in the American capital market and on the stock markets themselves. Congress and the Securities Exchange Commission (SEC) seek to achieve confidence in the integrity and fairness of the American stock market and protection of investors from fraud by promoting equal opportunities for investors. In order to maintain a competitive edge, vis-à-vis its foreign counterparts, the United States must continually refine its financial systems to maximize fairness and integrity. This Recent Development focuses on selective disclosure—allowing a limited segment of investors access to …

Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Responsible Regulation: A Sensible Cost-Benefit, Risk Versus Risk Approach To Federal Health And Safety Regulation, Steve Calandrillo

Articles

Federal health and safety regulations have saved or improved the lives of thousands of Americans, but protecting our citizens from risk entails significant costs. In a world of limited resources, we must spend our regulatory dollars responsibly in order to do the most we can with the money we have. Given the infeasibility of creating a risk-free society, this paper argues that a sensible cost-benefit, risk versus risk approach be taken in the design of U.S. regulatory oversight policy. The goal should always be to further the best interests of the nation, rather than to satisfy the narrow agenda of …

Forward To Fundamental Alteration: Addressing Ada Title Ii Integration Lawsuits After Olmstead V. L. C, Steve Calandrillo, Jefferson D.E. Smith

Articles

In 1999, the Supreme Court reviewed the case of Olmstead v. L.C. by Zimring, which has been called the Brown v. Board of Education for the law of disability discrimination. The Court ultimately agreed with the Department of Justice ("DOJ") and held that the Americans with Disabilities Act ("ADA"), along with its supplementary Integration Regulation, requires a State that offers treatment to persons with disabilities to provide such treatment in a community setting where such a placement would not be an unreasonable change or a fundamental alteration in the State's program. Advocates of community care have long argued that such …

Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler

Articles

This article will explore conflicts of interest in the context of clinical research, focusing on the incentives and practices that foster such conflicts. Part I will briefly define and categorize the revenue streams at play in clinical research—both contemporaneous with the clinical trial, and the downstream, long-term gains available to the researcher and research university. Part II will discuss how these entangled revenue streams result in financial and non-financial conflicts of interest that affect the nature and balance of the research enterprise and potentially endanger patients and human subjects. Part III will summarize current conflicts of interest regulations and policies, …

Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn

Articles

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …

Jurgensen V. Smith: Shutting The Door On Collateral Source Evidence In South Dakota, David L. Edwards

South Dakota Law Review

No abstract provided.

Amah And Eved And The Origin Of Legal Rights, Andrew Simmonds

South Dakota Law Review

No abstract provided.

Jorgenson V. Vener: The South Dakota Supreme Court Declares Loss-Of-Chance Doctrine As Part Of Our Common Law In Medical Malpractice Torts, Shawn M. Nichols

South Dakota Law Review

No abstract provided.

Is A Note A Security - Current Tests Under State Law, Kenneth L. Macritchie

South Dakota Law Review

No abstract provided.

Vienna Then And Now: The Impact Of Shakespeare's Measure For Measure On The Twenty-First Century Legal Profession, Amy Ross

South Dakota Law Review

No abstract provided.

Crisis Of Consciences: Lessons Learned From Legal Literature Through An Analysis Of To Kill A Mockingbird And Intruder In The Dust, Robert W. Mayhue Jr.

South Dakota Law Review

No abstract provided.

Law & (And) Literature And The Austen-Dostoyevsky Axis: Explorations, George Anastaplo

South Dakota Law Review

No abstract provided.

Development Of A Low-Cost, Self-Calibrating Stream Gaging Station, Gilberto Urroz, Robert C. Leines, Garryn L. Perret, Jared M. Holland, Brian E. Hunsaker

Reports

Executive Summary: The present report presents a review of the state-of-the-art technologies for the development of a low-cost, self-calibrating stream gaging station. The research was conducted by the Utah Water Research Laboratory with funding provided by the Utah Division of Water Resources through Project RP 110080, March 1998. The report presents a review of the current practices in stream gaging and how technologies such as remote data telemetry through the use of satellite, cellular phone communications, and radio telemetry can be used for the real-time transmission of data. The study also includes the use of Global Positioning System (GPS) for …

Buckets: Smart Objects For Digital Libraries, Michael L. Nelson

Computer Science Faculty Publications

Current discussion of digital libraries (DLs) is often dominated by the merits of the respective storage, search and retrieval functionality of archives, repositories, search engines, search interfaces and database systems. While these technologies are necessary for information management, the information content is more important than the systems used for its storage and retrieval. Digital information should have the same long-term survivability prospects as traditional hardcopy information and should be protected to the extent possible from evolving search engine technologies and vendor vagaries in database management systems. Information content and information retrieval systems should progress on independent paths and make limited …

Analysis Of A Non-Replicated Split-Split Plot Experiment, Emily Simmons Sim

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

A major obstacle in the analysis of experimental data, in many situations, is the lack of "true" or "complete" replication. In some disciplines, researchers are very aware of the importance of replication and the methods for correctly replicating an experiment. In other subject areas, however, researchers are less aware of what it means to properly replicate an experiment. Due to this lack of awareness, many non-replicated experiments are carried out every year. For many of these non-replicated experiments, there is no satisfactory statistical analysis.

The subject of this report is the analysis of two non-replicated experiments in environmental engineering. First, …

Levels Of Acculturation Of Children Of Mexican Descent As Perceived In Their Kinetic Family Drawings, Kevin Adolfo Rosado

Dissertations

Problem. Information on Hispanic children and their families is limited. More research activity is crucial in the light of the rapidly expanding population of Latino/Hispanics. Mexican families present a particular challenge to clinicians and to treatment settings, as well as to researchers. The impact of acculturation on psychological assessment instruments is largely unknown. This study sought to use the Kinetic Family Drawing (KFD) as a tool to gain information about how differences in acculturation are reflected through drawings done by children of Mexican descent.

Method. Private and public schools with representation of Mexican-American and Caucasian children from rural, semi-rural, small …

An Analysis Of Role Perceptions And Job Satisfaction Of Secondary-School Counselors In Trinidad And Tobago, Hillman St. Brice

Dissertations

Problem. The increasing emphasis on school counseling by the Ministry of Education in Trinidad and Tobago highlights the need to clarify and standardize the role of the counselor in the secondary schools. The satisfaction of these needs can be facilitated by determining the perceptions held by counselors, principals, teachers, and students about the counselor’s role in the school system; by clearly articulating this role; and by identifying the relationships between the counselor’s role and the counselor’s job satisfaction. The burden of this study was to determine these perceptions and relationships.

Method. A descriptive mode of inquiry was used to explore …

Cognitive And Non-Cognitive Characteristics As Predictors Of College Success Among African-American And Caucasian Students In A Comprehensive Community College, Denise Marie Scameheorn

Dissertations

Problem. This study examined the relationship of selected cognitive and non-cognitive characteristics of community college students, particularly Aftican-American and Caucasian students, with self-concept, class attendance patterns, and GPA.

Method. The subjects were 185 community college students. They completed the Non- Cognitive Questionnaire and the Learning and Study Strategies Inventory. Demographic data were obtained from the college student database. Instructors provided attendance and grade records.

Results.

1. Student self-concept was related to age, academic background and skills, and selected learning and study strategies.

2. Student class attendance was related to family support, ethnicity, academic background and skills, and motivation.

3. Student …

The Effect Of A Jail-Based Substance-Abuse Program On Anxiety, Depression, And Locus Of Control, Peggy Leigh Frick

Dissertations

Problem. More and more alcohol and drug users are coming into contact with the criminal justice system. Some of these individuals may have comorbid mental health issues. This present study sought to determine whether the New Avenues Substance Abuse Treatment Program, housed at the Correctional Work Center, Davidson County, Tennessee, did, in the course of treatment, have an impact on the anxiety, depression, and locus of control of those individuals completing the program.

Method. The Beck Depression Inventory-II, the Beck Anxiety Inventory, and the Rotter Internal versus External Control of Reinforcement Scale were utilized to measure depression, anxiety, and locus …

Interview With Jack Kingston, Zach S. Henderson Library Special Collections

Zach S. Henderson Library Special Collections Oral History Collection

Jack Kingston was interviewed by "Herman," ca. 2001. Find this collection in the University Libraries' catalog!

The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins

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

"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."

This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …

The Classification Of The Greek Manuscripts Of 1 Peter With Special Emphasis On Methodology, Kenneth Keumsang Yoo

Dissertations

The problem. Either because of methodological flaws or because of inadequate databases, Greek manuscripts of 1 Peter have not been satisfactorily examined. This study is an attempt to establish a better textual critical method and to apply it to a larger database. The method identifies new statistical techniques that facilitate quantitative analysis, necessary to establish the tentative groups that are used for the profiling of manuscripts.

The method. The method I used for the classification of Greek manuscripts of 1 Peter combines the computer-generated profile method and a statistical technique known as factor analysis. The profile method has …