Digital Commons Network^™

Damage Control: Promoting The Goals Of The Individuals With Disabilities Education Act By Foreclosing Compensatory Damage Awards, Angela Hamilton

Utah Law Review

Congress enacted the IDEA to ensure that all children with disabilities have the right to receive a FAPE, and provided federal assistance to states in order to ensure they have the resources to protect this right. Congress did not provide, however, that compensatory damage awards are available under the IDEA, nor did they suggest that such an award would promote the goal of providing FAPEs to all disabled children. Any implication that such a remedy is available to redress a denial of a FAPE is an affront to what Congress hoped the IDEA would provide to disabled children. As Sellers …

Distrust And Discovery: The Impending Debacle In Discovery Of Rape Victims' Counseling Records In Utah, Tera Jckowski Peterson

Utah Law Review

This painful narrative may represent a dramatically commonplace monologue by a rape victim to a mental health therapist, expressing feelings of deep embarrassment, guilt, stigmatization by society, and even self-blame. In fact, rape victims' most common response to rape is the belief that they are somehow responsible for the attack. Therapists persuade rape victims to disclose this fear in order to help them heal from the psychological effects of the assault. Because of the intimate and deep damage sexual assault inflicts on its victims, "[e]ffective psychotherapy depends upon an atmosphere of confidence and trust in which the patient is willing …

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 Electronic Signatures Act: Preempting State Law By Legislating Contradictory Technology Standards, Allison W. Freedman

Utah Law Review

Federal e-commerce legislation was desperately needed in order to keep pace with the exponential growth of businesses utilizing technology and to inject uniformity into the numerous conflicting state laws. While E-Sign is a step in the right direction, it creates as many problems as it strives to solve. E-Sign attempted to design a technology-neutral approach to e-commerce that allows for growth in an important, rapidly changing industry. While in one sense it does that, it also puts forth confusing, ambiguous, and contrary provisions. Inconsistent standards exist even within E-Sign itself.

Interpreting Utah's Sex Offender Registration Requirements After Femedeer V. Haun, David F. Mull

Utah Law Review

Sex offender registration statutes are widely known as "Megan's Laws," in memory of a seven year-old New Jersey girl, Megan Kanka, who in 1994 was raped and strangled to death by a twice-convicted sex offender who had been living in Megan's neighborhood unbeknownst to her parents.' In 1998, the Utah Legislature amended its "Megan's Law" sex offender registration statute (the "Statute") to apply retroactively to people who had already been convicted of sex offenses.2 As a result, every former sex offender in Utah who fits into this category is required to submit specific information to the Department of Corrections (D.O.C.), …

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 …

Recent Developments In Utah Law, Kari Alcorn Tuft, Matthew Moncur, Stephanie Wilkins Pugsley, Dwight Beckstrand

Utah Law Review

The Recent Case Law Developments section consists of brief expositions of selected noteworthy cases decided recently by Utah courts. Each development is self-contained.

A Web-Enabled Temporal Database Human Resources Application, Joseph A. Brooke Iii

UNF Graduate Theses and Dissertations

Despite the inclusion of a variety of time-related or 'temporal' datatypes in the SQL-92 standard, vendors of commercially-available Relational Database Management Systems (RDBMS) have universally elected to not fully comply with the standard. Perhaps even more frustrating is the fact that each vendor has chosen to include a different subset of temporal datatypes than their competitors, with most vendors adding a proprietary twist to their datatypes not even contained within the standard.

This lack of conformity has left users of these database products faced with a difficult choice: either avoid temporal functionality within their database applications or develop and manage …

Improving Compliance: Listening To The Patient's Perspective, Faith Coleman

UNF Graduate Theses and Dissertations

A large number of patients do not follow medical advice for reasons generally unclear to the health care provider. Significant morbidity and mortality can be outcomes of noncompliance. The purpose of this naturalistic inquiry was to study and clarify from the patient's perspective, issues identified as influencing the ability to comply with provider recommendations. Data collection and analysis occurred simultaneously as a fluid process of organizing and synthesizing qualitative material into categories or themes that emerged to illuminate a phenomenon. Seventy-six percent of participants described themselves as 100% compliant though they did not take medications as prescribed or failed to …

The Internet And Grassroots Politics: Nike, The Athletic Apparel Industry And The Anti-Sweatshop Campaign, Victoria Carty

Sociology Faculty Articles and Research

Carty examines ways in which the Internet has been employed to enhance political struggle in contemporary society. A case study of Nike Corp highlights the power and autonomy of transnational companies.

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Faculty Articles

The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen

Faculty Articles

In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. This article has two purposes. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner. In Part I, Professor Chinen discusses the approach proposed by these two scholars. Traditionally, customary …

International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald Slye

Faculty Articles

This article uses the case of South Africa to illustrate four effects of international human rights law on human rights beneficiaries. First, international human rights law acts as a constraint on state action. Second, it is a source of norms that can be incorporated into, and thus interpreted and implemented by, domestic legal institutions. Third, it acts as a direct or indirect constraint on the actions of international governmental and non-governmental organizations. Fourth, it directly empowers individual victims. The Article also uses the South African example to provide suggestions for additional areas of research and advocacy for international human rights …

Law Students' Undergraduate Major: Implications For Law School Academic Support Programs (Asps) Performance, Bryan Adamson, Mark Graham

Faculty Articles

This article addresses whether or not law students' comparative educational backgrounds affect their ability to solve general deductive reasoning problems. This question leads to two broader issues: (1) whether any comparative differences in general reasoning competency affect a student's ability to reason within a legal framework; and (2) whether a student's reasoning competency remains static over three years of law school. This article addresses the first issue. At present, a separate study is being conducted to explore how general reasoning differences may influence a student's ability to reason within a legal framework. This article contends that law school academic support …

Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb

Faculty Articles

Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …

Los Angeles As A Single-Cell Organism, Robert S. Chang

Faculty Articles

In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …

Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong

Faculty Articles

This Article examines the recent doctrinal shift from realist jurisprudence to the “new formalism” as it arises in the creation of contract obligation. Many recent decisions involving promissory estoppel appear to display a trend away from reliance protection in the commercial world. While these decisions are formalist insofar as they favor textual forms over contextual forms, the Author argues that this trend is more properly characterized as a realist effort. This Article examines promissory estoppel in the commercial world and suggests that the “new formalism”, driven by the most “realist” of motives, will expunge liability for promissory estoppel in the …

Tax Expenditures, Social Justice, And Civil Rights: Expanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen

Scholarly Works

In recent years, courts have decided a number of cases in which private organizations discriminated against people based solely on their race, gender, sexual orientation, or other immutable traits. For example, in 2000, the Boy Scouts of America revoked a New Jersey man's membership in the Boy Scouts because he was gay. New Jersey's supreme court held that the Boy Scouts' action violated New Jersey's anti-discrimination law. Notwithstanding the state court's holding, the United States Supreme Court concluded that the First Amendment prevented any court from forcing the Boy Scouts to keep a gay man as a member of its …

Transforming Education: The Lesson From Argentina, Anne Dupre

Scholarly Works

This Article traces education reforms in Argentina from the colonial period to the present. Specifically, the Article focuses on La Ley Federal de Educacion, passed in 1993, which sought to reform primary and secondary education throughout Argentina by promoting educational equity through a just distribution of educational services and opportunity.

The Article begins with a description of the current Argentine federal republic and the relationship of the federal government and the provinces. Next, Article describes the development of the Argentine education system.

It continues by explaining the backdrop of the adoption of Ley Federal. The Author describes the act's twenty-three …

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …

Institutional Arrangements And Individual Rights: A Comment On Professor Tribe's Critique Of The Modern Court's Treatment Of Constitutional Liberty, Dan T. Coenen

Scholarly Works

Professor Coenen analyzes Professor Tribe's contention that the present day Supreme Court's constitutional work is marked by an unjustified two-track approach. Professor Tribe has built this claim on an elaborate assessment of Saenz v. Roe, in which the Court -- to the surprise of many prognosticators -- invalidated a state statute that imposed temporary limitations on welfare benefits for new residents. He contends that the Court employed the open-stanced constitutional methodology of “structural inference” in deciding Saenz only because that case involved institutional arrangements. According to Professor Tribe, the modern Court has carefully (and unjustifiably) confined its use of structural …

Molecular Characterisation Of Burkholderia Pseudomallei, Clare Davies

School of Biological and Marine Sciences Theses

A programme of research was carried out to attempt the molecular characterisation of the human and animal pathogen, Burkholderia pseudomallei, the causative agent of melioidosis and the newly described avirulent species, B.thailandensis for comparative purposes. Melioidosis is still little understood, and so the clinical approach to the prevention and control of melioidosis must ultimately rest upon the basic understanding of the causative organism, particularly the pathogenic properties of B.pseudomallei. A range of B.pseudomallei and B.thailandensis isolates were cultured and the extracellular products were isolated and concentrated and an initial study conducted to identify potential target molecules for cloning. Those isolates …

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, …

Info: January 2001, Seattle University Law Library

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Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii

Scholarly Works

While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe was …

Confession, Coercion, Procedural Error And The Juror, Kimberly Anne Jenkins Coffman

UNF Graduate Theses and Dissertations

The current research examined whether mock jurors make differential assessments of guilt of defendants based on inclusion or exclusion of confession evidence and type of coercion to determine if jurors' behavioral reactions to confession evidence could be predicted. Hypotheses addressed effects of various factors on jurors' decisions of verdicts regarding defendants' guilt or innocence and their certainty of these verdicts: inclusion of confession evidence, type of coercion used in obtaining confessions, admissible or inadmissible presentation of confession evidence, and influence of potential predictor variables. Predictor variables assessed included participants' Belief in a Just World, Spheres of Control, New Authoritarianism, and …

The Rejection Of The Manege Tradition In Early Modern England: "Equestrian Elegance At Odds With English Sporting Tradition", Elizabeth Pope Simmons

UNF Graduate Theses and Dissertations

Renaissance creativity and obsession with classical traditions spawned a new form of horsemanship called the manege in sixteenth-century Europe. This study deals with England's rejection of the courtly horsemanship despite the dismal state of the nation's equestrian affairs. Tudor and Stuart monarchs utilized royal influence to attempt change - from legislative refmms to the horses - but no specific monarchical effort proved immediately effective. The significance of royal influence is seen in the continued importation of quality stock and in royal support for equestrian-related sports. Both enriched equine bloodlines and promoted the development of sporting tradition in England. While, with …

A Well-Founded Fear Of Prosecution: Mediation And The Unauthorized Practice Of Law, David A. Hoffman, Natasha Affolder

All Faculty Publications

To many mediators, "UPL" is an acronym with an increasingly ominous ring. This growing concern about the unauthorized practice of law (UPL) arises from reports around the country of charges filed against mediators who are not lawyers. These prosecutions - or in some cases warnings - are primarily directed at divorce mediators as a result of their drafting of detailed marital settlement agreements. However, all mediators have a reason to be concerned, because of uncertainties about what constitutes UPL in the context of mediation. This article surveys the legal terrain of UPL, and argues that it's time for new, clear …

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet

All Faculty Publications

Scholars and philosophers spend much of their time discussing what pornography means and whether it can be defined. This debate persists despite the fact that most men, regardless of their sexual orientation, seem to understand quite well what pornography is, and what it is for: they produce it commercially, buy it in magazines, rent it in videos, and search for it on the Internet. The pornography industry has the distinct advantage of selling a product that, in legal terms, is considered "expression," and therefore a product that has been declared worthy of constitutional protection under section 2(b) of the Canadian …

Legal Rights In The Supreme Court Of Canada In 2000: Seeing The Big Picture, Janine Benedet

All Faculty Publications

In 2000, the Supreme Court of Canada decided four cases which raised claims concerning some of the legal rights provisions of the Charter. Two of the cases were criminal: R. v. Darrach, [2000] 2 S.C.R. 443; R. v. Morrisey, [2000] 2 S.C.R. 90. The other two cases involved a human rights investigation (Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307), and a child protection proceeding (Winnipeg Child and Family Services v. K.L.W., [2000] 2 S.C.R. 519). This comment focuses on two of these decisions (Blencoe and Darrach) where the SCC considered claims under section 7 of the …