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How Free Is Florida's Public Education: An Examination Of School Fees In Florida's 67 Counties Public Secondary Schools, Lori Ronan-Khessali

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The primary purpose of this study was to determine if Florida's public high schools provide a free education as defined by Florida's constitution. More specifically, the following issues were analyzed: (a) the extent to which Florida's 67 counties assess user fees in public high schools, (b) the extent to which user fees are represented as voluntary or mandatory, (c) categorization of the 67 counties with respect to consistency of user fees within and between districts, and (d) the relationship between the assessment of user fees location, per-capita income, and percentage of children on free/reduced lunch.

A descriptive survey research procedure …

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 …

The Case Against Same-Sex “Marriage”, Gerard V. Bradley

Journal Articles

Argues that same-sex “marriage” is a logical and practical impossibility and has serious implications for both other aspects of family law and the respect for human life and children in our culture. Asserts that the movement for same-sex “marriage” is a logical outgrowth of our culture’s separation of sex and procreation. Argues that the basis for opposition to this movement may be the residual reservoir of traditional understanding about marriage in the American public.

Positive Perfectionism In Sport, Tammy Olson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Early Childhood Transitions, Constance Lehman, Eileen M. Brennan, Barbara J. Friesen

School of Social Work Faculty Publications and Presentations

In order to provide the best opportunities for children with special emotional needs and behavioral challenges to successfully adjust to kindergarten, professionals and family members need models of support that address policies, staff and family training and partnerships, and individual child-focused services. Moreover, transition must be conceptualized as a process that occurs over time, not as a short term move from one environment to the next. In this article, we discuss a conceptual framework for transition support models for young children with disabilities and their families. We then highlight important transition components identified in the literature and those included in …

The Relation Of Anxiety Sensitivity And Coping Strategy To Carbon Dioxide-Induced Anxious And Fearful Responding., Adam Peter Spira

Graduate Theses, Dissertations, and Problem Reports (ETD)

The present study examined hypotheses regarding the relations among anxiety sensitivity (AS), coping strategy, and anxious responding to a 10-minute inhalation of 10% CO2-enriched air. Elevated scores on several subscales of the Anxiety Sensitivity Index - Revised (ASI-R) predicted CO2-induced panic symptoms. In addition, avoidant coping strategies were predictive of CO2-induced anxious and fearful responding. A composite of subscales from the COPE Inventory predicted aspects of challenge-induced anxiety that were not predicted by the ASI. Although results support contemporary models of panic disorder, our findings also indicate that AS may not be as important to the development and maintenance of …

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 …

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.

The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin

Faculty Scholarship

All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …

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, …

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

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 …

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 …

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article

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.

Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield

Case Western Reserve Journal of International Law

No abstract provided.

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.

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.

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

Case Western Reserve Journal of International Law

No abstract provided.

Municipal Waste Characteristics And Management In Pantai Dalam, Kuala Lumpur, Ratanam Andythaven

Student Works (2000-2009)

The primary purpose of this research was to study comprehensively the municipal waste generation (rate, quantity), waste characterization including (physical, chemical and biological parameters), heavy metal content, waste recovery and recycling, and socio economic aspects of municipal solid waste (MSW) generation and management in Taman Bukit Angkasa, Pantai Dalam, Kuala Lumpur and the surrounding areas. The waste characterization and management was determined with actual field observations coupled with questionnaire survey from a random sample of 250 households (200 flats houses, 25 long houses and 25 squatter residences). The quantification and other parameters (heavy metals, water extractable nutrients, nitrogen, pH, acidity, …

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 …

Response: The Values Of Legal Archaeology, Judith L. Maute

Utah Law Review

Professor Threedy's ambitious undertaking has provided rich food for thought about this old fish tale. I commend her efforts and urge that she pursue the project further. Besides incorporating the contextual, historical, and biographical materials, I suggest she then step back for a perspective on contracts doctrine, theory, and policy. For the researcher, doing legal archaeology is arduous. When the product is complete, it yields great benefits to understanding the development of the law. I thank her for her labors.

Beyond Plessy: Space, Status, And Race In The Era Of Jim Crow, Barbara Y. Welke

Utah Law Review

In the 1896 case of Plessy v. Ferguson, the United States Supreme Court held that a Louisiana law requiring separate but equal accommodations on railroads for white and black passengers did not violate the Fourteenth Amendment to the U. S. Constitution. By the time of the Supreme Court's decision in Plessy every Southern state except the Carolinas and Virginia had a separate coach law similar to Louisiana's. By 1900, every Southern state required racial separation of white and black passengers on railroads. Within another decade, what is widely called "Jim Crow" applied to every aspect of Southern public life. In …