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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 …

Internet Property Rights: E-Trespass., John D. Saba Jr.

St. Mary's Law Journal

Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …

Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman

Case Western Reserve Journal of International Law

No abstract provided.

Labor Law Reform--Southern Africa, Sarah Christie

Case Western Reserve Journal of International Law

No abstract provided.

Employment And Labor Law Reform In New Zealand, Richard A. Epstein

Case Western Reserve Journal of International Law

No abstract provided.

International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky

Case Western Reserve Journal of International Law

No abstract provided.

A "Primer" In Utah State Appellate Practice, Justice Michael J. Wilkins, Kristy L. Bertelsen, Matt Snow

Utah Law Review

Each year, many capable lawyers appear for the first time in cases before Utah appellate courts. Those lawyers with prior appellate experience in other jurisdictions, and those with no such head start, are faced equally with the somewhat daunting task of quickly getting a grip on the way we do things here. With that in mind, we have written this article, intending it to be a "primer" in Utah appellate practice generally. We do not intend to examine comprehensively all there is to know about appellatepractice. Rather, we intend this piece to be an introduction to Utah appellate procedure, a …

Divining The Framers' Intetions: The Immunity Stanadard For Criminal Proceedings Under The Utah Constitution, C. Albert Bowers

Utah Law Review

While a derivative use immunity regime may be constitutional in theory, the doctrine suffers from an unconstitutional breakdown in practice. Since Kastigar was decided, many jurisdictions have experimented with derivative use immunity. However, those jurisdictions that have carefully examined the practicality of the derivative use immunity doctrine have found it does not work in practice." The prosecution invariably uses the witness' compelled testimony against the witness in numerous and significant ways. While any one use may not be abhorrent in itself, when added together they culminate in an unconstitutional end. Although the Kastigar Court realized that the compelled witness should …

A Fish Story: Alaska Packers' Association V. Domenico, Debora L. Threedy

Utah Law Review

Although history is interesting for its own sake, the point of developing as fully as possible the history of the Alaska Packers' case is to contribute to our understanding of the law. This article attempts to do that by looking beyond the authoritative narrative enshrined in the judicial opinions to a more complete, and more complex, story. An important lesson that emerges from this work is the insidious way in which assumptions about how the world works influence litigation outcomes. Because District Judge De Haven assumed the "self-evident fact" that Alaska Packers would want the men to catch as many …

Molecular Characterisation Of A Two-Component Regulatory System From Burkholderia Pseudomallei, Magdy Elsayed Mahfouz

School of Biological and Marine Sciences Theses

Studies were undertaken to clone and characterise a two-component regulatory system from a clinical isolate (204) of the human and animal pathogen Burkholderia pseudomallei. A number of genomic libraries were constructed in E. coli host-vector systems and screened for the presence of a two-component system using oligonucleotide probes based on nucleotide sequence homology. Fragments of genomic DNA were cloned and sequenced and found to possess two open reading frames (ORFs) that overlap with a single nucleotide and are believed to encode a novel two-component regulatory system. A possible promoter region was identified upstream of the two ORFs, mrgR and mrgS, …

Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, Paul B. Lewis

Utah Law Review

In contrast to the Australian model, the American approach to corporate reorganization is relatively ineffective. Not only is it slow, expensive, and administratively cumbersome, it also provides inefficient and otherwise inappropriate investment incentives and it frequently empowers the wrong party to make vital decisions. As a result, the American model fails to consistently achieve the primary goal of a corporate bankruptcy system-distinguishing those firms with long term potential viability from those firms without such prospects, and assuring continuance of the former and liquidation of the latter.

Beyond Personhood And Autonomy: Moral Theory And The Premises Of Privacy, Aaron J. Rappaport

Utah Law Review

This Article constitutes a challenge to the view that the Court's privacy jurisprudence is unprincipled and incoherent. My claim, in contrast, is that the jurisprudence has a core logic. It is a logic based on a series of interlocking premises-a moral principle of perfectionism, a political premise of liberty, an institutional premise of judicial review, and a prudential concern for tradition. One who embraces all of these premises, in the way described, will have a plausible basis for believing that the Court's jurisprudence is morally justified.

Failed Markets, Failing Government, Or Both? Learning From The Unintended Consequences Of Utah Consumer Credit Law On Vulnerable Debtors, Christopher L. Peterson

Utah Law Review

Although for millennia the Western tradition looked upon the taking of interest with a jaundiced eye, consumer credit has become an integral and accepted part of the American economy. Nevertheless, throughout the twentieth century federal and state government institutions have struggled with the dual needs of facilitating creditors' business ventures and simultaneously protecting vulnerable debtors from onerous obligations.

Exploring Justice Courts In Utah And Three Problems Inherent In The Justice Court System, Benjamin Will Bates

Utah Law Review

Like all other courts, the justice court system in Utah is far from flawless, and brings additional unique problems into the judicial system. The "trial de novo" appeal is the source of some of those problems. As the system has recently operated, it has not been uncommon for the "trial de novo" appeal from justice courts to create large disparities between the rights of defendants injustice courts and the rights of defendants in other criminal courts. The decisions in Dean, Hudecek, and Hinson have allowed defendants taking a "trial de novo" appeal in the district court to do so on …

The Second Amendment: A Case Study In Constitutional Interpretation, Akhil Reed Amar

Utah Law Review

The Rocky Mountain West is gun country in popular folklore and probably also in fact. Reliable numbers are hard to come by, but in one recent survey estimating the percentage of households with handguns, the Mountain states ranked well above the national average-and this in a nation with one of the highest per capita gun ownership rates in the world. Earlier this year, the National Rifle Association (NRA) announced that it would hold its 2007 annual convention here in Salt Lake City, in part to reward Utah's gun-friendly laws and lawmakers. I suspect that a high percentage of Utahns could …

Making Laws Moral: A Defense Of Substantive Canons Of Construction, Andrew C. Spiropoulos

Utah Law Review

Judges play a central, and difficult, role in our regime. The difficulty arises from our expectations for them. Judges, we demand, should both ensure that justice is done and be neutral arbiters of the laws enacted by the people. These two responsibilities are in constant tension, and it is all too easy for judges to emphasize one responsibility at the expense of the other. Judges should be neither mere minions of the legislature nor our Platonic Guardians. We do not need enlightened despots to impose justice upon us or to trick us into doing justice by pretending that they are …

Alumni Newsletter - Issue No. 75, University Of Maine School Of Law

Maine Law Magazine

• Inside front Cover: tribute to David Gregory
• Dean’s Column
• Cumberland Legal Aid Clinic
• Around Campus
• Faculty News
• Alumni News

Using Lightspan Technology To Build School To Home Connections, Frances J. Birks

Graduate Research Papers

Family involvement in children's emerging literacy is critical to their school success. School personnel can support family literacy by becoming acquainted with families and providing home strategies and materials. Teachers can guide caregivers to the resources of the school and public libraries for books and software. Schools can off er caregivers instruction on computers as a learning tool for children.

The implementation of school computer lab sessions scheduled at night for families is described. This project was designed to 1) discover the ways families interact while using computers, 2) determine if families enjoyed using the lab together, and 3) document …

Internet-Enhanced Esl Education : A Literature Review, Yu Cao

Graduate Research Papers

This paper intends to present some of the most current research on the tremendous benefits which the Internet can provide to ESL education. Some Internet applications which can be used as active teaching and learning tools in the ESL classrooms are being presented in this paper, such as electronic mail, electronic discussion group or "lists," electronic forum, chat room, and keypal. Additionally, this paper intends to bring educators' attention to those issues which affect language learners' interests in using the Internet in their learning. Issues include the lack of training, accessibility of technology, and lack of feedback.

An Integrated Technology Project In One Iowa Middle School, Beverly R. Nielsen

Graduate Research Papers

The purpose of this research was to determine whether implementing an integrated technology project at Columbus Middle School in the Columbus Community, Iowa School District would have any positive learning effects on the eighth grade students. Secondly, the research set out to determine if there are advantages to integrating technology into middle school curriculum. Finally, the purpose of the research was to find selection criteria for an integrated technology project for the middle grades. After selection and implementation, the project was evaluated through teacher observations and student self-evaluations. Both evaluations indicated that this integrated technology project had positive learning effects …

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Alternate Curriculum In Reading For Grade Four, Julie A. Schmit

Graduate Research Papers

Julie A. Schmit, a fourth grade teacher, specifically designed the two reading alternate units. These units were designed to provide challenging reading and learning experiences for talented and gifted students in grade four. These units provide challenging, above grade level materials and activities for the students whose reading, vocabulary, and language skills are advanced to such a degree that they would derive greater educational benefit from working with alternate materials.

An Instructional Project Using Physical Knowledge Activities As A Catalyst To Develop Children's Literacy Skills In A Constructivist Preschool Classroom, Patricia A. Wehr

Graduate Research Papers

This instructional project planned and integrated literacy within physical knowledge activities for young children based on International Reading Association, National Research Council and National Association for the Education of Young Children guidelines. The project presented children with a variety of ramps and other physical knowledge activities. Children's engagement was preserved through digital pictures. The children utilized these pictures to individually construct stories orally and in script. Instruction for three dimensions of emergent literacy was provided: concepts about print, phonemic awareness, and reproduction of the child's correctly printed signature. As the project progressed, the activities and the stories grew in complexity. …

Curriculum Differentiation In Practice, Twyla D. Wisecup

Graduate Research Papers

The purpose of this project is to create two curriculum differentiated reading units designed to meet the needs of fifth grade, high-ability language arts students. The units were written to compliment existing whole class units already in use, and to coincide with major district goals encouraging students to take control of their own learning by making decisions about their writing, selecting their reading materials, and assessing their progress. This paper gives a broad definition of curriculum differentiation and reviews the literature in regard to differentiation of curriculum in the field of gifted education, and provides a focus on possible strategies …

Microsoft Word Basic Skills Workshop, Rui Wu

Graduate Research Papers

This project is an instructional lesson. The purpose to develop this workshop is to teach Chinese college students Microsoft Word (Office 97) basic skills through distance learning. The author uses distance education basic principles as this project's foundation to create a workshop site and participants. It will include the brief history of distance education, the definition and concepts of distance education, some major advantages and limitations of distance education, lesson plan, needs analysis, workshop goal and objectives, methodology, media selection, and project evaluation (includes learners and lesson's evaluation). It encloses eight appendixes also. At meanwhile, the author will create a …

Civic Courage: One Librarian’S Protest Against Web Filtering, Christine H. Murphy

Graduate Research Papers

The goal of this research paper was to describe one Waterloo Community School District elementary school librarian's experiences in dealing with a District-imposed Internet filter. An Internet filter was imposed on public schools and their library media programs in the Waterloo Community School District (WCSD). The population of this study consisted of various administrators, School Board members, District facilitators, coordinators, principals, computer technicians, teachers, and secretaries. Data collection methods for this descriptive research included notation, description, analysis, and questioning. The researcher gathered articles from newspapers and periodicals, videotaped and audiotaped meetings, communicated with and kept records of personal email messages …

The Portrayal Of Stepfamilies In Young Adult Literature, Cynthia Buck Tuttle

Graduate Research Papers

This study used content analysis of a selected sample of 25 contemporary young adult fiction books published between 1990-2000, to determine if stepfamilies are portrayed accurately. Contemporary American families are less likely to endure as a traditional biological household. Novels read by young adults may not reflect these new realities. Findings indicate that in a majority of the titles stepparents are portrayed positively and they gave their stepchild time and flexibility to adapt to the stepfamily situation. Findings also revealed that the biological relationship was not more important than the marital relationship. There was insufficient data to prove that the …