Digital Commons Network^™

Supreme Court Monitoring Of The United States Courts Of Appeals En Banc, Tracey E. George, Michael E. Solimine

Vanderbilt Law School Faculty Publications

This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the Rehnquist Court. Then, in a multivariate empirical analysis of a three-circuit subset of those cases, we control for other variables found to influence the Court's certiorari decision, such as Solicitor General or amicus curiae support for the certiorari petition, a dissent from the court of appeal's opinion, an outcome contrary to the Court's ideological composition, and an intercircuit conflict. The discussion is situated in …

The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie

Vanderbilt Law School Faculty Publications

Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes both facilitation and evaluation, a vocal group of purist critics rejects Riskin's pluralist view of mediation on normative grounds. These purist critics -- including such prominent mediator-scholars as Professors Kim Kovach, Lela Love," and Josh Stulberg -- argue that mediation is in fact, and should be, solely a facilitative process "designed to capture the parties' insights, imagination, and ideas that help them to participate in identifying and shaping their preferred outcomes." For …

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.

Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced in each country and also shows what areas of interest dominate in each market. For example, Canadian journal produce more scholarship on Comparative Taxation while Australian journals are more likely to publish in the area of Evasion and Avoidance.

Essential Elements, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action "civil" may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an "affirmative defense" or a "sentencing factor" instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision …

International Experience With General Anti-Avoidance Rules, Graeme S. Cooper

SMU Law Review

No abstract provided.

Getting Serious About Corporate Tax Shelters: Taking A Lesson From History, George K. Yin

SMU Law Review

No abstract provided.

The 2000 Draft Of Ucc Article 2: Part Six On Breach, Repudiation, And Excuse, Christina L. Kunz

SMU Law Review

No abstract provided.

Texas Civil Procedure, Thomas A. Graves, Donald Colleluori, Gary D. Eisenstat

SMU Law Review

No abstract provided.

In Search Of Coverage In Cyberspace: Why The Commercial General Liability Policy Fails To Insure Lost Or Corrupted Computer Data, Paula M. Yost, Paul E.B. Glad, William T. Barker

SMU Law Review

No abstract provided.

Appendix: Methodology - State And Federal Judge Surveys, Allen Pusey

SMU Law Review

No abstract provided.

Damage Awards In Perspective: Behind The Headline-Grabbing Awards In Exxon Valdez And Engle, Theodore Eisenberg

Cornell Law Faculty Publications

Large punitive damages awards in tobacco litigation, the Exxon Valdez oil spill case, and other cases dominate the public perceptions about damages. These large awards and the mass of compensatory awards can be best understood in relation to other awards. In fact, total awards in tried contract cases have risen faster than tort awards. In the highly visible world of large punitive damages awards, the Exxon Valdez award fits well within the traditional pattern of punitive awards. The largest punitive award, that against the tobacco industry in Engle, is best understood against the background of the tobacco industry's national …

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Cornell Law Faculty Publications

In this Article I predict how employment law will change in the future. My task is positive rather than normative. I will not argue that the developments I foresee are good ones to be applauded. Rather, they arise "inevitably" from the way the law will react to changes in labor markets.

Of course, as Professor Ronald Dworkin emphasizes, in developing a theory of law one cannot sharply distinguish between the positive and normative. Dworkin points out that even in describing the current legal framework, one must choose what to highlight and what to ignore, a process based on values. When …

Ups And Downs Of Mucosal Cellular Immunity Against Protozoan Parasites, Lloyd H. Kasper, Dominique Buzoni-Gatel

Dartmouth Scholarship

No abstract provided.

An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye

Theses and Dissertations

This research study examined the effect of the Freirean Theory of Education on one alternative secondary education program for at-risk students in Salvador da Bahia, Brazil. The learning theory, curriculum, and instructional methods were examined to determine the extent of the influence of Paulo Freire's Theory of Education, the extent of practice, and the extent to which faculty, students, and community members think it should be practiced. From this research, lessons were abstracted for use in schools in the United States. Brazil was chosen because of its shared history with the United States of slavery, colonialism, and oppression of people …

Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner

Theses and Dissertations

Interdisciplinary care is a method of providing patient care that incorporates the efforts of various health care providers. Studies show this approach can improve patient care and decrease overall costs to the healthcare system. Despite the evidence for the benefits of interdisciplinary care, there are no well-defined models for training students during their didactic years to become members of an interdisciplinary team. This study determines the attitudes of administrators of professional schools toward interdisciplinary education, identifies perceived barriers to interdisciplinary education, examines the extent to which interdisciplinary education is occurring at academic health center campuses, and identifies the courses that …

Picture This: Images Of First-Year Experience At A Metropolitan University, Jan Linda Austin

Theses and Dissertations

This study explores what influences year-to-year persistence of students and provides decision-makers at Metropolitan University and similar institutions with information on students who attend nonresidential campuses. In particular, this study investigates how the quality of the student experience, including student/institutional fit, impression of environment, social interaction, faculty/student interaction, prior perception of their fit with the institution, as well as background, college experiences, and financial aid affect student persistence at a metropolitan university in the southeastern part of the United States. In a descriptive, qualitative study, information was gathered from writing assignments, focus group sessions, and individual photo-elicitation interviews. In addition, …

Comparison Of The Enear Peculiar Velocities With The Pscz Gravity Field, A Nusser, L. N. Da Costa, E Branchini, M. Bernardi, M V. Alonso, G Wegner

Dartmouth Scholarship

We present a comparison between the peculiar velocity field measured from the ENEAR all-sky Dn−σ catalogue and that derived from the galaxy distribution of the IRAS Point Source Catalog Redshift Survey (PSCz). The analysis is based on a modal expansion of these data in redshift space by means of spherical harmonics and Bessel functions. The effective smoothing scale of the expansion is almost linear with redshift reaching 1500kms⁻¹ at 3000kms⁻¹. The general flow patterns in the filtered ENEAR and PSCz velocity fields agree well within 6000kms⁻¹, assuming a linear biasing relation between the mass and …

Student Drug-Testing Effects In Selected Arkansas Secondary Schools, David D. Bangs

Theses and Dissertations

This study was to determine whether there was a statistically significant difference in the mean number of student drug and alcohol discipline infractions among ten Arkansas high schools before and after an intervention of a mandatory random drug-testing intervention program for extracurricular activities. The assessment data used in this study were the totals of drug and alcohol discipline incidents or infractions at ten Arkansas secondary schools. The data collection was compiled from each school's administration using the state APSCN services. A survey instrument was completed with the appropriate annual data needed for the study. The annual data consisted of the …

The Changing Landscape Of Higher Educational Finance: Support For Smaller Public Universities In The Southeastern United States, Elizabeth Townsend Walker

Theses and Dissertations

This project was designed to assess the extent to which changes have occurred in the percentage of support provided to institutions of higher education from unrestricted state general fund appropriations in the states that are members of the Southern Regional Education Board (SREB), over the period from 1988-89 to 1997-98. It also addresses the question of why this change has taken place in institutions classified as SREB Category 5 Four-Year institutions — those that grant a limited number of degrees and have fewer than 5,000 full-time equivalent students. Various institutional leaders, policy makers, and analysts were interviewed to discover why …

The Extent Of Awareness Of Tesol's Esl Standards For Pre-K-12 Students In Intensive English Programs In The United States, Alan D. Lytle

Theses and Dissertations

With the publication of TESOL's ESL Standards for Pre-K-12 Students in 1997, there was established a format by which to standardize English language learner progress with defined goals, standards, descriptors, and sample progress indicators. School districts throughout the United States began redesigning their curricula to address English Language Learners' needs by using the Standards. However, Intensive English Programs (IEPs) do not have a set of standards that includes their populations. This dissertation was designed to investigate the level of awareness of the Standards in IEPs in the United States, focusing specifically on establishing the extent to which TESOL's ESL Standards …

Editorial, Ron Jordahl

The Christian Librarian

Forget the hoopla of New Years Day 2000; we know that January 1, 2001 actually marks the beginning of the 21" century. That fact notwithstanding, in this first issue of The Christian Librarian for the new millennium you will find a "business as usual" attitude. Perhaps that is because not all of the TCL team members share my mathematical insistence this is really the first month of the new millennium, but more likely it is because my colleagues are more concerned about the realities of Christian librarianship in the real world than they are in sophomoric niceties.

Librarians Across The Sea: Acl And Missions, Wilbur E. Cropley

The Christian Librarian

The Association of Christian Librarians (ACL) is missions-hearted, missions-minded, and missions-handled. This stance was vital to the founders. It is also vital for the calling and ministry of the present membership. We shall expand and illustrate these statements. The past, present development, and future will be covered.

The Y Factor, J. Ray Doerksen

The Christian Librarian

Since God was able to get creation (not a small job) finished in six days, why do Christians need seven days to get their work done?

I posed a question to the ACL listserv: If your library is open on Sunday, why? My question was meant to elicit reasons, or justifications, from those who choose to open on Sunday. A number of thoughtful responses returned. It is clear that many librarians struggle with this issue, both on a personal and professional level. Some have solved the problem to their satisfaction; others have assumed a pragmatic stance - they do what …

Where Did They Come From? A Tribute To Shirley N. Wood, Jo Ann Rhodes

The Christian Librarian

The contributions of people like Shirley Wood, one of the founders of the Association of Christian Librarians, often go unnoticed due to the selflessness of their service. It is good to be reminded once in a while that what we take for granted in our 21st century library work was at one time the result of some former librarian's creativity. In the Christian library community, an individual's contributions are frequently done quietly, which is the way it should be if one wished to serve in the Scriptural way of not calling attention to oneself or one's service. Shirley Wood expended …

Frontmatter (The Christian Librarian 44:3)

The Christian Librarian

No abstract provided.

Websight, Dennis Read

The Christian Librarian

No abstract provided.

Front Matter -- Quaker Religious Thought, No. 96, Paul Anderson

Quaker Religious Thought

No abstract provided.

Quaker Hagiography, Dean Freiday

Quaker Religious Thought

No abstract provided.

Porosity, Percolation Thresholds, And Water Retention Behavior Of Random Fractal Porous Media, Michael C. Sukop

University of Kentucky Doctoral Dissertations

Fractals are a relatively recent development in mathematics that show promise as a foundation for models of complex systems like natural porous media. One important issue that has not been thoroughly explored is the affect of different algorithms commonly used to generate random fractal porous media on their properties and processes within them. The heterogeneous method can lead to large, uncontrolled variations in porosity. It is proposed that use of the homogeneous algorithm might lead to more reproducible applications. Computer codes that will make it easier for researchers to experiment with fractal models are provided. In Chapter 2, the application …