Digital Commons Network^™

Expanding The Frontier Novel : Two Masterpieces By Willa Cather, Derek J. Driedger

Theses and Dissertations

No abstract provided.

Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud

Faculty Articles

This is review essay based on Vijay Prashad, The Karma of Brown Folk (Minneapolis: University of Minnesota Press 2000). It engages the saga of immigration of South Asian to the United States. A primary focus is on the matrix of identity formation within the grammar of imperialism. It explores how modern regimes of power/knowledge constitute racialized subjects. The deployment of the "model minority" discourse is examined as it relates to South Asian Americans. Structures of power and strategies of resistance among South Asian Americans are highlighted and it is argued that building solidarities among all subordinated is the only viable …

I Know That I Taught Them How To Do That, Laurel Oates

Faculty Articles

Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.

Acer 2000-2001 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.

Antitrust Divestiture In Network Industries, Howard A. Shelanski, J. Gregory Sidak

University of Chicago Law Review

The landmark Microsoft case raises challenging questions concerning antitrust remedies. In this Article, we propose a framework for assessing the costs and benefits of different remedies, particularly divestiture, in monopolization cases involving network industries. Our approach can assist a court or enforcement agency not only in analyzing the welfare effects of divestiture, but also in choosing more generally among alternative kinds of remedies. The framework would, for example, apply to a court's choice between damages and injunctive remedies or between behavioral injunctions and structural injunctions. After developing our framework, we apply it to the divestiture proposals made by the government …

The Cycles Of Statutory Interpretation, Adrian Vermeule

University of Chicago Law Review

This Article advances an explanation of interpretive change--the fact that the Supreme Court frequently changes the nominal formulation of its rules for statutory interpretation, and to some degree changes its actual interpretive practice as well. The prevailing styles of explanation attribute interpretive change to exogenous shocks such as a change in the party composition of the legislature or a string of judicial appointments. The Article criticizes the exogenous explanatory style on methodological grounds, and advances an alternative model that attributes interpretive change to endogenous shifts in the expectations of actors in the interpretive system. In particular, the Article develops a …

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua A. T. Fairfield

University of Chicago Law Review

No abstract provided.

The Case Against Retroactive Application Of The Foreign Sovereign Immunities Act Of 1976, Adam K. A. Mortara

University of Chicago Law Review

No abstract provided.

Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber

University of Chicago Law Review

No abstract provided.

Financial Contract Design In The World Of Venture Capital (Reviewing The Venture Capital Cycle By Paul Gompers, Josh Lerner), George G. Triantis

University of Chicago Law Review

No abstract provided.

Barbara June Flannery V. Jerold Frank Flannery : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PLAINTIFF-APPELLANT Appeal from a judgment of the Second Judicial District in and for Davis County, Honorable Thornley K. Swan, Judge

Freed Finance Company V. Stoker Motor Company, A Utah Corporation; Roland E. Gisnburg And James A. Kohn; Utah State Tax Commission; Uted States Of America; And Atex Corporated, A Utah Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Summary Judgment of Foreclosure of Real Estate Mortgage District Court of Salt Lake County, Utah, Honorable Stewart M. Hanson, Jr. District Judge

Reid D. Bench And Alta M. Bench V. Erma Pace : Petition For Rehearing And Brief In Support Thereof, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah, Joann Lorraine Clark V. Mark Thomas Clark : Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the District Court of Weber County, State of Utah, the Honorable Calvin Gould, presiding.

Herbert Burton And Florence Burton V. Alan H. Coombs, Carla H. Coombs, Four Seasons Motor Inn. Inc., And Four Seasons Motor Inn Ii, Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Merrill Bean Chevrolet, Inc. V. State Tax Commission Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Kent W. Holman And Alfred G. Kesler, Dba Golden Spike Reality And Construction V. Blair W. Sorenson And Marjean Sorensen : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Richard R. Black, Patricia Black V. Dr. James S. Boyce : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Judgment of the Fourth Judicial District Court of Utah County, Honorable George E. Ballif, Judge

Bank Of Pleasant Grove V. Earl A. Johnson & Beth R. Johnson: Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of The Fourth District Court of Utah County, Honorable Maurice Harding, Judge.

Leah M. Daly V. George F. Daly : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Interlocutory Decree and Orders of the Third Judicial District Court in and for Salt Lake County, State of Utah, Honorable James S. Sawaya, Judge, presiding.

Fred N. Hobson V. Panguitch Lake Corporation : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

NEWLY UNCOV OF HOBSON R ED CASES "ONDENTS APPEAL FROM THE JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT FOR GARFIELD COUNTY. STATE OF UTAH Honorable Ferdinand Erickson, Judge

Sammy Lee White V. John W. Turner And Herbert Middleton : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a denial of appellants' motion to dismiss, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hal G. Taylor, presiding.

John Leach V. Norma B. Anderson And Valley Bank And Trust Company : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the Third District Court of Salt Lake County, Honorable James S. Sawaya, Judge

Moral Nuisances, John Copeland Nagle

Journal Articles

Nuisance law provides a remedy for activities that substantially interfere with the use and enjoyment of one's land. Most nuisance cases today involve environmental pollution or unwanted noises, sights, or smells. Historically, though, nuisance law had a much broader application that regulated brothels, saloons, and gambling parlors - what I call moral nuisances.

I articulate a theory of moral nuisances that applies when (1) a substantial and legally cognizable interference with a landowner's use or enjoyment of his or her land is caused by (2) an action that is regarded as immoral by a reasonable person within the community (3) …

Privacy And Power, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Something has gone wrong in modem America, argues Jeffrey Rosen in The Unwanted Gaze. Our medical records are bought and sold by health care providers, drug companies, and the insurance industry. Our e-mails are intercepted and read by our employers. Amazon.com knows everything there is to know about our reading and web-browsing habits. Poor Monica Lewinsky's draft love letters to President Bill Clinton were seized by the villainous Ken Starr, and ultimately plastered all over the nation's newspapers.

To Rosen, the nature of the problem is clear: These examples are all part of a troubling "phenomenon that affects all …

The Effect Of Sesamoid Mobilization And Flexor Hallucis Strengthening On Reducing Pain And Improving Function In The Great Toe, Jennifer Shamus

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to determine the effect of standard physical therapy when combined with sesamoid mobilization, flexor hallucis strengthening and gait training for reducing pain and increasing function in the first metatarsophalangeal joint (MPJ) in persons with functional hallux limitus. Sprains of the first MPJ are common in athletics. Push off, forward drive and running can be significantly impaired after this injury. More importantly, MPJ sprains can also result in persistent pain and loss of range of motion. Given the debilitating nature of this injury, it is important to determine the most effective treatment for hallux limitus. …

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.

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Journal Articles

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …