Digital Commons Network^™

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.

Due Diligence In International Mergers And Acquisitions, Alan Appel

Articles & Chapters

In a cross-border acquisition of a target entity, due diligence requires advance analysis of the target, its tax attributes and history, and its organizational structure. An appropriate acquisition structure must be identified, and the planning does not stop with the acquisition.

Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico

Articles & Chapters

This guide to the Community Reinvestment Act (CRA) is designed to provide community advocates with the basic information and skills they need to challenge bank redlining and promote economic development in their neighborhoods. The Guide includes four sections: the legal structure of the CRA; important information about banks and how to get it; analyzing a bank's CRA records, and participating in the CRA enforcement process.

Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico

Articles & Chapters

This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.

Rights, Rights Of Action, And Remedies: An Integrated Approach, Donald H. Zeigler

Articles & Chapters

Traditionally, courts equated rights and remedies. Consequently, courts sought to provide remedies for the violation of statutory rights even if a statute did not contain detailed enforcement provisions. In the 1970s, however, the U.S. Supreme Court transformed what had been a unified inquiry into whether a statutory provision should be judicially enforceable into three distinct questions and developed separate criteria for deciding whether a statute should be read to create a right, imply a right of action, or provide a remedy. Rights, rights of action, and remedies are inextricably related. The Court's attempt to separate these inseparable concepts has led …

Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.

Articles & Chapters

This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.

To Live Outside The Law You Must Be Honest: Bram Fischer And The Meaning Of Integrity, Stephen Ellmann

Articles & Chapters

No abstract provided.

246 Glorious Cheeses Or The Impact Of Environmental Regulation On Small And Emerging Business Essay, David Schoenbrod

Articles & Chapters

No abstract provided.

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

The Stepchild Of National Liberation: Women And Rights In The New South Africa, Penelope Andrews

Articles & Chapters

No abstract provided.

Feminism, Corporations, And Capitalism: Policy And Protest, Faith Stevelman

Articles & Chapters

To consider the relationship of feminism, capitalism and corporation law is a daunting task for the reason that it requires a reconsideration of first principles. What does a feminist perspective have to offer an analysis of the American business corporation and its place in our capitalist economy? How might such a perspective generate original research in the area of corporation law? Would a more "feminist" corporation necessarily be a less profitable one? If feminist law reforms came at a net economic cost to firms or shareholders (which is not the foreseeable result, necessarily) might the proposed law reforms be justifiable, …

What Trial Judges Would Like To Say To Lawyers And What Lawyers Would Like To Say To Trial Judges (Panel One), Andrew Coats

Faculty Articles

No abstract provided.

Routines And Procedures Impacting The Classrooms At Urbana High School, Stephanie Moore

Urbana University Master’s Theses

No abstract provided.

Clothes For The Emperor, Katheleen Guzman

Faculty Articles

No abstract provided.

The Jurisdiction Of The Community Courts Reconsidered, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson

Articles by Maurer Faculty

By "tax collection controversies," I mean cases in which it has been established that the taxpayer owes additional taxes, those taxes remain unpaid, and the IRS is attempting to enforce collection out of the taxpayer's assets. Such cases are numerous and involve attorneys in general legal practice as well as tax specialists. For example, the taxpayer may be your client for non-tax matters, and may expect you to handle her tax collection controversy as well. Or, your client may not be the taxpayer herself, but instead someone who co-owns property with the taxpayer. Your client expects you to make sure …

Perspectives Of Giant Magnetoresistance, Evgeny Y. Tsymbal, David G. Pettifor

Evgeny Tsymbal Publications

Giant magnetoresistance (GMR) is one of the most fascinating discoveries in thin-film magnetism, which combines both tremendous technological potential and deep fundamental physics. Within a decade of GMR being discovered in 1988 commercial devices based on this phenomenon, such as hard-disk read-heads, magnetic field sensors and magnetic memory chips, had become available in the market. These achievements would not have been possible without a detailed understanding of the physics of GMR, which requires a quantum-mechanical insight into the electronic spin-dependent transport in magnetic structures.

Minnie F. Low, Mary Jo Deegan

Department of Sociology: Faculty Publications

Minnie Low was a leader among the Chicago women who worked in social reform and social service between 1890 and 1920. Low was born in New York City, the second child of six in a Jewish family. Her parents' names, occupations, and country of birth are unknown. When she was ten years old, the family moved to Chicago, where she finished elementary school. She attended South Division High School for less than a year and left school because she was in poor health.

Low's first recorded job was as HANNAH SOLOMON's secretary, when Solomon was organizing the Jewish Women's Congress …

Sonification Of Daily Weather Records: Issues Of Perception, Attention And Memory In Design Choices, John H. Flowers, Laura E. Whitwer, Douglas C. Grafel, Cheryl A. Kotan

Department of Psychology: Faculty Publications

Daily climate records that include temperature and precipitation observations, along with other optional “event” records (such as a severe storm occurrence or the highlighting of record high or low temperatures) are a form of multivariate time series data that is well suited to sonification. Our project describes and demonstrates sonification of historical monthly weather records from Lincoln, Nebraska that allow perceptual comparisons between corresponding monthly records from different years for illustration of climatic trends and fluctuations. Choices of data-sound mapping schemes and temporal properties of the display will be related to basic principles of auditory perception, attention and cognition

Space For Dispute Settlement Mechanisms - Dispute Resolution Mechanisms For Space? A Few Legal Considerations, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction-The subject of dispute settlement is at the heart of every legal system or subsystem, whether national or international, and in principle it should not be any different for space law either. Indeed, amongst space law experts often attention has been paid to this issue, if indeed usually confined to such experts, like in the context of the International Law Association where a draft convention for the settlements of space law disputes was developed.

2. The issue of dispute settlement in space law-The general picture sketched above has of course undergone considerable change over the last years, perhaps most …

Dna Content And Ploidy Determination Of Bromegrass Germplasm Accessions By Flow Cytometry, Metin Tuna, Kenneth P. Vogel, K. Arumugantathan, Kulvinder S. Gill

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Species of the genus Bromus represent ploidy states from diploid to decaploid. Ploidy determination of Bromus germplasm is necessary before it can be effectively used in breeding or genetic studies. The objective of this study was to characterize the ploidy of 322 accessions of four Bromus species [Bromus inermis Leyss, B. riparius Rehm, B. biebersteinii Roem and Schult., and B. inermis ssp. pumpellianus (Scribn) Wagnon] that are in the USDA National Plant Germplasm System (NPGS). Flow cytometry was used to determine DNA content of 10 plants of each accession. Mean DNA contents were correlated to ploidy level with root …

Fostering The Scholarship Of Teaching And Learning: Communities Of Practice, Barbara L. Cambridge

To Improve the Academy: A Journal of Educational Development

September 1999, and March 2000.

Higher–Level Learning: The First Step Toward More Significant Learning, L. Dee Fink

To Improve the Academy: A Journal of Educational Development

In order to design significant learning experiences far students, teachers first need to be able to formulate powerful and challenging goals for their courses. This essay describes a taxonomy of higher-level learning that consists of six kinds of learning: foundational knowledge, application, integration, the human dimension, motivation, and learning how to learn. The argument is made that this taxonomy goes beyond the familiar taxonomy of Benjamin Bloom and encompasses a wide range of goals that are currently advocated by many national organizations and scholars in higher education. The taxonomy can be used to design better courses, choose among alternative teaching …

The Case For Sophisticated Course Syllabi, Michael J. Strada

To Improve the Academy: A Journal of Educational Development

Just as the last thing a fish would notice is water, academics tend to overlook the value of a comprehensive course syllabus. It seems too prosaic for some instructors to take seriously. Despite operating largely in obscurity, a nascent body of literature appreciative of the syllabus’ latent potential is emerging. The distinguishing features of model syllabi are traced here, and their respective benefits analyzed. First and foremost, good syllabi enhance student learning by improving the way courses are taught. But the potential of syllabi can also be tapped by using them more prominently in the faculty evaluation process. Much slower …

After Twelve Years Of Teaching The College–Teaching Course, Michael B. Paulsen

To Improve the Academy: A Journal of Educational Development

This essay provides a detailed presentation of the perspectives, approaches, activities, materials, and evaluative information that characterize and distinguish a formal, credit-earning, semester-long graduate course in college teaching. This report is based on the author’s experiences and reflections drawn from, and expressed after, 12 years of teaching the college-teaching course. Based on an intensive study of advances in theory and research related to teaching, learning, learners, and diversity; students engage in 1) actual teaching, in which they integrate learning theory and other pedagogical knowledge with the content knowledge of their own subject-matter areas; 2) extensive theory and research informed observation …

Bar Association Ethics Committees: Are They Broken Conference On Legal Ethics: What Needs Fixing, Bruce A. Green

Faculty Scholarship

This Article explores the work of bar association ethics committees. These are committees established by bar associations to give advice to lawyers about how to comply with the applicable rules of professional conduct. My question is, are these committees broken? Over the past two decades, several legal academics have concluded that they are. At its harshest, the critique is that ethics committees, typified by the American Bar Association's ("ABA") ethics committee, publish opinions that respond to trivial questions by providing poorly reasoned answers on which nobody can or does rely, and that the reason that the committees' opinions are inadequate …

Unnecessary Privacy , Carl Felsenfeld

Faculty Scholarship

An individual's right to privacy in an electronic society has gained international attention as a booming new field. Its birth may roughly be marked to coincide with the birth of the Internet. The flow of information without limit or boundary has raised concerns with the consumer spokespeople in the Western World that personal information about them may flow as easily as general information about Machu Pichu, Keynesian economics, or Harvard College. The fear is that will cause individuals harm, ranging from personal embarrassment to a loss of civil liberties. Therefore, movements are developing to limit this flow of information. The …

Inhibition Of Erythrocyte Δ- Aminolevulinic Acid Dehydratase (Alad) Activity In Fish From Waters Affects By Lead Smelters, Christopher J. Schmitt, Colleen A. Caldwell, Bill Olsen, Dave Serdar

United States Geological Survey: Staff Publications

We assessed the effects on fish of lead (Pb) released to streams by smelters located in Trail, BC (Canada), E. Helena, MT, Herculaneum, MO, and Glover, MO. Fish were collected by electrofishing from sites located downstream of smelters and from reference sites. Blood from each fish was analyzed for δ-aminolevulinic acid dehydratase (ALAD) activity and hemoglobin (Hb), and samples of blood, liver, or carcass were analyzed for Pb, zinc (Zn), or both. Fish collected downstream of all four smelters sites had elevated Pb concentrations, decreased ALAD activity, or both relative to their respective reference sites. At E. Helena, fish from …