Digital Commons Network^™

Takayama: Restoration Revelation As Poetry Rather Than Fraud, James E. Faulconer

Review of Books on the Book of Mormon 1989–2011

Review of “Poetic Language in Nineteenth Century Mormonism: A Study of Semiotic Phenomenology in Communication and Culture” (1990), by Michiko Takayama

A Return To First Principles? Saenz V. Roe And The Privileges Or Immunities Clause, Douglas G. Smith

Utah Law Review

While it seems unlikely that the Court will soon engage in a wholesale revision of its Fourteenth Amendment jurisprudence by abandoning the Due Process Clause in favor of the Privileges or Immunities Clause as a source of the substantive guarantee for certain fundamental rights, the possibility suggested by Saenz presents intriguing questions for constitutional scholars interested in the original meaning of the Fourteenth Amendment. As this Article has attempted to demonstrate, however, even if the Court does abandon the Due Process Clause in favor of the Privileges or Immunities Clause, the alterations such a switch might entail in the Court's …

City Of Edmond V. Robinson: The Coercion-Standing Test-A New Approach To Religious Symbols Under The Establishment Clause?, David S. Hill

Utah Law Review

Establishment Clause jurisprudence is fraught with a myriad of competing philosophies and intricate tests. Among commentators, judges, and lawyers, no one is completely satisfied with any of the approaches created thus far. Such conflict and complexity invites the temptation to simplify matters by employing more heavy-handed approaches aimed at displacing ambiguities with absolutes, or refusing to address them at all. However, when dealing with a sensitive topic like religious liberty, more sensitive tools must be used. The imperfection of the endorsement test may not always yield the best results, but it does address many of the viable constitutional concerns inherent …

Working Across Borders: Global Restructuring And Women's Work, Donna E. Young

Utah Law Review

In the last quarter century, economic globalization has intensified. Multinational corporations have increased their global influence to an astonishing degree. Global restructuring aids corporations in crossing national borders in search of conditions that increase production and profit. Access to cheap, unregulated or underregulated labor is critical to this process. Corporate interests have used domestic and international laws to their benefit. It is essential that women do the same. Immigrants, women, people of color, gays and lesbians, and poor people, are all at a marked disadvantage vis-a-vis multinational corporations and financial institutions. The latter have shaped and benefitted from laws fundamentally …

The Lynching Of An American Prophet, Warren A. Jennings

BYU Studies

In 1839, Mormon refugees made their way from Missouri to Montrose, Iowa, across the Mississippi River from Nauvoo, Illinois, where they would eventually settle. The man who laid out the city of Montrose, David Wells Kilbourne, disliked Mormons because of a land dispute, and he shared his anti-Mormon opinions in the paper. One of his sympathizers, Thomas Dent, was an Anglican parson in England who'd seen members of his community join the strange new sect. Seeking information about the Mormons, Dent corresponded with Kilbourne. Here the author shares three of Kilbourne's letters to Dent. While the letters include both fact …

“Sweeping Everything Before It”: Early Mormonism In The Pine Barrens Of New Jersey, Stephen J. Fleming

BYU Studies

In the summer of 1838, Elder Benjamin Winchester (fig. 1) ventured into Monmouth County, New Jersey, to preach to gospel. Winchester was the first Mormon missionary to make it into the Pine Barrens, an area so named because of its sandy, unproductive land. Soon "the news went abroad, that a Mormon preacher had made his appearance in the land." Winchester wrote, "As to [Mormon] principles, and rules of faith, the people knew nothing, except by reports... [and] the people flocked out, in crowds to hear, yet at this time, more out of curiosity than any thing else." Once Winchester began …

Alma O. Taylor's Fact-Finding Mission To China, Reid L. Neilson

BYU Studies

In 1909, after serving as a mission president in Japan for eight years, native Utah Mormon Alma O. Taylor visited China as directed by leaders of The Church of Jesus Christ of Latter-day Saints to determine if Mormon missionaries should be sent there. Taylor did not speak Chinese, so he drew his conclusions by speaking to native English speakers living in China, often Protestant missionaries. Excerpts of Taylor's original report are published here, revealing some of the prejudices and perspectives Westerners had regarding China in the early 1900s. The author also supplies historical information about Mormon missionary work in Japan …

Mormons In The Press: Reactions To The 1901 Opening Of The Japan Mission, Shinji Takagi

BYU Studies

During the first month when a Mormon Apostle and three missionaries arrived to begin proselytizing work in Japan, the local and national press published at least 160 articles on Mormonism, many of the articles appearing on the front page. The media attention was unprecedented for The Church of Jesus Christ of Latter-day Saints in that country. Here the author explores the reaction from the Japanese press toward Mormons, the social and historical context that led to such interest, and some of the media controversies that arose. The author concludes that one of the biggest reasons Mormons received such attention when …

Full Issue, Byu Studies

BYU Studies

No abstract provided.

Front Matter, Byu Studies

BYU Studies

No abstract provided.

A Riddle For Didymus, Ellen Gregory

BYU Studies

No abstract provided.

Brief Notices, Connie Lamb, Robert L. Maxwell, Russell C. Taylor, Ivan F. Beutler, Joseph E. Gonzalez, Casualene Meyer

BYU Studies

No abstract provided.

The Uintahs, Edward L. Hart

BYU Studies

No abstract provided.

Integrating Indian Law Into A First Year Legal Writing Course, Barbara P. Blumenfeld

Faculty Scholarship

When the author designed the appellate problem for first-year law students, she chose Indian Law because the learning experience transcends subject-specificity. The author discusses how she designs the problem and introduces it to students, and notes reactions from students as they research and prepare their brief.

Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr

Faculty Scholarship

This paper takes a historical approach to the depictions of African-Americans in television in the five decades since the 1950s and links those images to the changing roles and perceptions of African-Americans in society. Part I discusses the various television shows from the 1950s to the 1990s that featured African-Americans and have had a societal impact. Part II analyzes the chicken/egg relationship between networks and advertisers and asks whether television, given the economic forces affecting it, can be used as a force for change. Part III explores how these television images have affected foreigners and children. Television remains "without a …

Exploring The Limits Of Specific Personal Jurisdiction, Linda Sandstrom Simard

Suffolk University Law School Faculty Works

During the nearly two decades since the Supreme Court recognized a bifurcated doctrine of personal jurisdiction, it has made little progress in defining the characteristics that distinguish general and specific jurisdiction. One of the issues that has repeatedly evaded the Court’s attention is the scope of specific jurisdiction. While we know that the scope of general jurisdiction extends to any suit brought against a defendant, and specific jurisdiction is limited to “suits” that arise out of the defendant’s contacts with the forum, the precise contours of specific jurisdiction remain unclear. In recognition of this theoretical deficiency, this article examines a …

A Career Choice Critique Of Legal Ethics Theory, Andrew M. Perlman

Suffolk University Law School Faculty Works

The article contends that legal ethics theory would benefit from incorporating an oft-overlooked reality of modern law practice: career choices often predetermine the clients that lawyers represent and the legal strategies that attorneys pursue. The problem with many existing ethics models is that they incorrectly assume that lawyers have sufficient autonomy to select their clients and legal strategies. In fact, most types of law practice place such significant restrictions on lawyers' freedom that career choices provide many attorneys with their main source of discretion. The article suggests that, in light of these client selection and strategy choice constraints, theorists need …

Life-Cycle Cost Analysis: A Computer Aided Tool For The Egyptian Construction Industry, Ahmed Mohamed Ahmed Ibrahim

Theses and Dissertations

The construction industry can be considered as an indication of economical status of any country.

Mentors Or Friends: Confucius And Aristotle On Equality And Ethical Development In Friendship, Sor-Hoon Tan

Research Collection School of Social Sciences

In Thinking from the Han, David Hall and Roger Ames compare Plato's - and Confucius's views of friendship in relation to the question of transcendence and arrive at the sad conclusion that Socrates and Confucius could not be friends. "Socratic irony would not allow the inequality Confucius requires as a means of self-betterment. Confucius would not permit he and Socrates to hold all things in common." Along the way, they articulate an understanding of Confucius’ view of friendship as "a one-directional relationship in which one extends oneself by association with one who has attained a higher level of realization." Hall …

Social Logic As Business Logic: Guanxi, Trustworthiness And The Embeddedness Of Chinese Business Practices, Wai Keung Chung, Gary Hamilton

Research Collection School of Social Sciences

This chapter explores the nature of Chinese business practices by looking at their social foundations. We argue that the use of an inter-subjective logic based on the norms of social relationships provides an institutional foundation for economic transactions in Chinese business settings. The logic of social relationships-or what we call guanxi logic-is embedded in daily practices of the Chinese business community. Rather than making economic decisions less "economic", relational rules embedded in guanxi places interpersonal business transactions within a prescriptive framework, thereby increasing the calculability of economic outcomes. Guanxi logic is, therefore, a socially meaningful way to enhance economic rationality. …

Relación Entre Monitoreo Ambulatorio De Presión Arterial De 24 Horas Y Alteraciones En La Memoria Reciente De Adultos Mayores De 55 Años [Ambulatory Blood Pressure Monitorization Statement With Recent Memory Disturbs In Adults Oldness Than 55 Years], Egle Silva, Aldrin Molero, Gloria Pino, Tulio Sulbarán, Gladys E. Maestre

School of Medicine Publications

We display a poblational and transversal cohort study with 402 male and female patients of 55 years old or than oldness, from Santa Lucía Maracaibo City Parroquial. Neuropsychologic essays were performs for recent memory evaluation; as a result we obtain two groups: with recent memory disturb and recent memory normal. Weight (kg), tall (m), body mass index (w/t2) and fortituos blood pressure with Dynamap Critikon were performs too. All patients were evaluated with an automatic engine for ambulatory blood pressure monitorization during vigil and sleep hours.

Our conclusions were: 1) Exist a relation of systolic blood pressure with recent memory …

The Constitution And Property: Due Process, Regulatory Takings, And Judicial Takings, Roderick E. Walston

Utah Law Review

Regulatory takings and judicial takings are judicial works in progress. The Supreme Court has charted a reasonably clear path out of the regulatory takings maze, one that allows the courts to redeem constitutional property protections by resorting to due process-like principles. The Court has not yet, however, confronted the divergence of its jurisprudence regarding judicial takings, nor indicated whether courts are subject to the same constitutional limitations that apply to legislative bodies. Thus, although the Court has significantly clarified the law since Justice Holmes announced in Pennsylvania Coal that government cannot go "too far" in regulating property, many significant takings …

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 …

Linguistic Gender Is Related To Psychological Gender: The Case Of Chinese Characters, Yuk-Yue Tong, Chi-Yue Chiu, Ho-Ying Fu

Research Collection School of Social Sciences

Past research (Ervin, 1972; Konishi, 1993) suggests that a noun's linguistic gender is not just an arbitrary, semantically-empty linguistic category. Rather it may connote masculine or feminine properties, and thus can subtly influence responses to the noun and its referent. The present study extended this research by exploring how gendered radicals of nonsense Chinese characters might affect the characters' connotations. The results showed that when an unfamiliar Chinese character is encountered, meaning interpretation can be affected by the meaning of the radicals. Moreover, since gendered Chinese radicals are linked to share representations of psychological gender, such as representation may then …

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Safeguarding Juror Privacy: A New Framework For Court Policies And Procedures, Paula Hannaford-Agor

Faculty Publications

This article briefly discusses the difficulty courts face in balancing the privacy of citizens summoned for jury service with the rights of litigants and the public to information about those individuals. I propose that focusing on the content of the information re­quested of prospective jurors and the purposes for which juror infor­mation is used by courts provides a more helpful analysis than the legal framework traditionally employed in case law. Specifically, I argue that distinguishing between information that is relevant and information that is not relevant to the fairness or im­partiality of prospective jurors should be the primary analytical framework …

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The present article surveys various issues in the law relating to the award of restitutionary damages in contract law, utilising as its point of focus the recent House of Lords decision in Attorney-General v Blake. It explores, in particular, two possible (albeit quite different) routes towards the recovery of such damages; the first based on the (more traditional) compensatory basis and the second on the (more controversial) restitutionary basis for disgorgement of the defendant's gain. While we argue that there is, on a more general level, no overriding objection in principle to the award of restitutionary damages for cynical breach …

Quantitative Estimation Of Ddt By Glc In Different Strains Of Musca Domestica L. By Using Hexane As Well As Diethyl Ether, Kahkashan Akhtar, Syed Naim-Ul-Hasan Naqvi

Turkish Journal of Zoology

Estimation of DDT by GLC (gas liquid chromatography) in the PCSIR strain of Musca domestica L. Shows that 59.69 ng/fly DDT was found in the sample extracted with hexane and 55.74 ng/fly in the sample extracted with diethyl ether after treatment with 2.0 ug/fly. In the Holland strain, 18.3 ng/fly DDT was found in the sample extracted with hexane and 17.1 ng/fly in the sample extracted with diethyl ether. In the Malir strain 4.35 ng/fly DDT was found in the sample extracted with hexane and 1.29 ng/fly in the sample extracted with diethyl ether.