Digital Commons Network^™

Problems In Defining And Controlling The Unauthorized Practice Of Law, Linda Galler

Hofstra Law Faculty Scholarship

A lively debate is taking place within the states on the question whether lawyers should be permitted to practice law in professional services organizations that provide both legal and nonlegal services and that are owned, in whole or in part, by nonlawyers. At this time, the states are divided; some endorse the notion of multidisciplinary practice (MDP) while others do not. At its August 2000 meeting, the American Bar Association (ABA) House of Delegates rejected a proposal to permit lawyers practicing in MDPs to render legal services. In so doing, the House urged the states to enforce their laws prohibiting …

Legal Ethics Advisors And The Interests Of Justice: Is An Ethics Advisor A Conscience Or A Co-Conspirator?, Roy D. Simon

Hofstra Law Faculty Scholarship

In this short paper, I cannot explore the full range of lawyer-client interactions. Nor can I develop a comprehensive theory, or a comprehensive set of rules, to tell lawyers when to follow, and when to resist, client instructions. I can, however, examine some aspects of attorney-client relations in my small corner of the world, where I often function as an ethics advisor to lawyers and law firms. My premise, which I believe Deborah Rhode would endorse, is that ethics advisors have an obligation, both to their clients and to the legal profession, to provide honest, straightforward answers to inquiries concerning …

Moisture Interactions With Pharmaceuticalpol Ymerjc Film Coatings, Ravi S. Pappu

Open Access Master's Theses

It is a well-known fact that water can act as a detrimental variable in performance of pharmaceutical dosage forms. Derivatives of various starches and cellulose are widely used as excepients, generally in high proportions to the total amount making up the dosage form. A complete understanding of the uptake of moisture by cellulose polymers is important because moisture-polymer interaction affects various properties such as compressibility and stability. In this study I) hydroxypropyl methylcellulose (HPMC), 2) modified HPMC (SEPPIC^®), 3) microcrystaline cellulose containing carrageenan (Lusterclear^®) were used for studies of moisture polymer interaction. The interaction of moisture …

Development Of An Introductory Experimental/Adventure Education Course For Exercise Science Majors At Southern Connecticut State University, Patricia Ann Payne

Abraham S. Fischler College of Education ETD Archive

As part of the self-study process, core courses and field experiences of the Exercise Science Teacher Education Preparation Program (Exstep) were closely evaluated for their effectiveness in preparing pre-service teachers for student teaching and future employment. The problem was a lack of effective facilitation methods by the pre-service teachers in the Exstep program especially in the area of adult education principles, which include the affective domain of teaching and learning (SCSU Exstep self-study, 2000). An introductory course in experiential/adventure education would facilitate the principles of adult education, thereby enhancing students understanding of"affective" teaching methodologies, as well as philosophies, by giving …

Fast, Cheap, And Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Computer Law Review and Technology Journal

The Internet is constantly expanding, both as a means of communication and as a means of commerce. As its contacts among people and businesses expand, more and more disputes will arise and will need resolution. These disputes will evolve both from business-to-consumer transactions and from business-to-business transactions. Some of the claims will include breach of contract, breach of warranty, and even fraud. Others will concern intellectualproperty rights such as trademarks, copyrights, and patents. Still others will involve competition law, raising issues of antitrust, trade disparagement, and other claims of unfair competition. Alleging defamation, invasion of privacy and emotional distress, some …

The Protection Of Intellectual-Property Rights In A Federalist Era, Steve Malin

Computer Law Review and Technology Journal

The framers of the Constitution envisioned a nation comprising several separate and independent sovereign states. Under a system of dual sovereignty, the states gave up certain enumerated powers delegated to the federal government. Among those powers was the authority to enact laws designed to protect patent and copyright owners and to encourage invention and original authorship.

Also in the framers' minds - recent caselaw tells us - was the belief that the states retained immunity from suits brought by individuals. Despite this fact, the federal intellectual-property system has historically placed sovereign states on equal footing with individuals as to both …

Telecommunications Law: Open Access To Cable Broadband Transmission: At&T Corp. V. City Of Portland, 216 F.3d 871 (9th Cir. 2000), Deborah L. Lively

Computer Law Review and Technology Journal

In AT&T Corp. v. City of Portland, the Ninth Circuit considered whether a local cable franchising authority could condition the transfer of a cable franchise upon the cable operator's grant of unrestricted access to its cable broadband transmission facilities.

In 1998, AT&T - the nation's largest long-distance telephone provider - proposed a merger with Telecommunications, Inc. ("TCI"), which was among the nation's largest cable-television operators. In the merger, AT&T received access to TCI's cable broadband transmission system as a conduit for AT&T's "@Home" Internet service. A cable broadband system provides Internet access at much faster speeds than through typical modem …

Copyright Act Of 1976 - Copyright Infringement - Supreme Court Holds That The Selling Of Freelance Authors' Articles By Print Publishers To Electronic Publishers Constitutes Copyright Infringement. New York Times Co. V. Tasini, 533 U.S. 483 (2001), S. Brock Benson

Computer Law Review and Technology Journal

In New York Times Co. v. Tasini, the Supreme Court decided the issue of whether the selling to electronic publishers of articles in collective works without permission from the freelance authors was permissible under § 201 (c) of the Copyright Act. In earlier proceedings, the United States District Court for the Southern District of New York granted summary judgment for the publishers, holding that the publishers were entitled to place contents of their periodicals into electronic databases without the permission of the authors whose works appeared in the periodicals. The Court of Appeals for the Second Circuit, however, reversed …

Center For The Advancement Of Teaching Annual Report, 2001-2002, Illinois State University, Center For The Advancement Of Teaching

Annual Reports - Center for Integrated Professional Development

Annual report of the Center for the Advancement of Teaching at Illinois State University

Securing Liberty With Chains: Locking Up The Fifth Amendment Within The Confines Of Miranda Dickerson V. United States, Bryan P. Doyle

MC Law Review

Notes

Do The Crime, Do The Time, But The Time Should Fit The Crime: Does Mississippi Need Sentencing Guidelines - White V. State, Renee C. Harrison

MC Law Review

Notes

The Least Of Evils For Judicial Selection, Leslie Southwick

MC Law Review

Symposium - The Judicial Selection

Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Ann Brown

MC Law Review

No abstract provided.

An Algebraic Algorithm For Nonuniformity Correction In Focal-Plane Arrays, Bradley M. Ratliff, Majeed M. Hayat, Russell C. Hardie

Electrical and Computer Engineering Faculty Research and Publications

A scene-based algorithm is developed to compensate for bias nonuniformity in focal-plane arrays. Nonuniformity can be extremely problematic, especially for mid- to far-infrared imaging systems. The technique is based on use of estimates of interframe subpixel shifts in an image sequence, in conjunction with a linear-interpolation model for the motion, to extract information on the bias nonuniformity algebraically. The performance of the proposed algorithm is analyzed by using real infrared and simulated data. One advantage of this technique is its simplicity; it requires relatively few frames to generate an effective correction matrix, thereby permitting the execution of frequent on-the-fly nonuniformity …

A Question Of Motivations: Determining Why Donor Countries Give Aid, Sarah Fuller '02

Honors Projects

Despite the fact that foreign aid has been around in its present form since World War II, foreign aid analysis, especially from the donor's point of view, has been and continues to be highly contested. In 1992, the United Nations claimed that "ODA [Official Development Assistance] allocation is 'strange and arbitrary'" and "ODA is determined not by the needs of developing countries, but by the fluctuating goodwill of the people and their parliaments in the rich countries. As a result, it is largely ad hoc and unpredictable" (United Nations Development Programme, 45). This statement cannot, however, explain why Africa is …

A Question Of Motivations: Determining Why Donor Countries Give Aid, Sarah Fuller '02

Res Publica - Journal of Undergraduate Research

Despite the fact that foreign aid has been around in its present form since World War II, foreign aid analysis, especially from the donor's point of view, has been and continues to be highly contested. In 1992, the United Nations claimed that "ODA [Official Development Assistance] allocation is 'strange and arbitrary'" and "ODA is determined not by the needs of developing countries, but by the fluctuating goodwill of the people and their parliaments in the rich countries. As a result, it is largely ad hoc and unpredictable" (United Nations Development Programme, 45). This statement cannot, however, explain why Africa is …

Masculine Threat And Anti-Gay Attitude, Chad Corbley '02

Honors Projects

In a pretest, male and female participants completed the PAQ, a measure of self perceived masculinity and femininity. Only male participants (though they were not aware of this fact) were contacted to return for the second part of the study. Participants were hooked up to psychophysiological recording equipment and took part in one of three conditions. In the masculine threat condition, they took a test ostensibly measuring masculine knowledge and received false negative feedback. In the general threat condition, participants took a test ostensibly measuring general knowledge and received the same feedback. The no threat or control condition was exactly …

Examining The Cognitive And Physiological Processes Underlying Traumatic Disclosure, Anna Carlson '02

Honors Projects

The aims of this research were to examine the cognitive and physiological reactions associated with the disclosure of a traumatic event. Cognitive-Experiential Self-Theory (Epstein, 1991; 1998) suggests that there are two separate modes of information processing. One is the rational mode that is based on logic and the other is the experiential mode that is based on emotions and heuristics. The way these two modes of processing may be related to disclosure was examined using 60 undergraduate students at Illinois Wesleyan University. Participants engaged in one of four writing conditions; a trivial topic, the emotions surrounding a traumatic experience, the …

Cultural Scripts Of Parental Intervention In Conflict, Kristina L. Mcdonald '02

Honors Projects

Parents frequently intervene in the conflicts that children experience with other peers. The work of Ross, Hastings and their colleagues has alerted researchers to the possibility that parents engage in such intervention in part to teach children lessons. Ross and her colleagues have focused on the role of such intervention for teaching children rules about possession and property rights. Whereas property rights might be particularly salient in cultures such as the European-American subgroups in the U.S. that emphasize individualism and market forces, this might be less salient in other cultures. Many of the cultural groups in Indonesia emphasize collectivism, social …

Closed Loop Identification Of A First Order Plus Dead-Time Process Model Under Pi Control, Tony Kealy, Aidan O'Dwyer

Conference papers

This paper discusses the estimation of the parameters of a first order plus dead-time process model using the closed-loop step response data of the process under proportional plus integral (PI) control. The proportional gain and the integral time, in the PI controller, are chosen such that the closed-loop step response exhibits an under-damped response. From this response data, five characteristic points are used to determine a second order plus dead-time model and subsequently, the frequency response of the closed-loop system. Knowing the dynamics of the closed-loop system and the dynamics of the controller, the open-loop dynamics of the process can …

The Plains Commence: Lewis And Clark On The Middle Missouri, Jay H. Buckley

Faculty Publications

THE CORPS OF DISCOVERY awakened to a damp morning on July 14, 1804. Rain had fallen all night and the wetness delayed departure until 7 a.m. A half-hour later, an ominous black cloud blew in, accompanied by wind and rain that pummeled the 55-foot keelboat and two pirogues. Unable to seek safety on either shore - because of banks caving in on one side and snags lining the other - the men anchored the keelboat midstream and braced for the squall to pass.

Maternal Psychological Control And Preschool Children’S Behavioral Outcomes In China, Russia, And The United States, Susanne Frost Olsen, Chongming Yang, Craig H. Hart, Clyde C. Robinson, Peixia Wu, David A. Nelson, Larry J. Nelson, Shenghua Jin, Jianzhong Wo

Faculty Publications

A growing body of Western literature has demonstrated the importance of three domains of socialization—connection with significant others, regulation of behavior, and the facilitation of psychological autonomy—in predicting outcomes in adolescents and children (Barber, 1997a, 1997b; Gray & Steinberg, 1999; Hart, Newell, & Olsen, in press; Nelson, 1997; Steinberg, Dornbusch, & Brown, 1992). Psychological control—parenting that does not allow children psychological autonomy, as has been defined elsewhere in this volume, has received increased attention in the past decade (for a discussion of definitions and research, see chapter 2, this volume).

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

San Diego Law Review

Much of the existing literature on genetic intervention addresses questions of discrimination or reproductive decisionmaking. Although this book discusses those questions,

it takes as its major focus an issue that is perhaps even more vexing—the issue of how we should, from the standpoint of distributive justice, allocate genetic interventions. In other words, given the wide range of genetic interventions that may become available, how should we divide such interventions? Implicit in this problem is the reality that scarcity will prevent individuals from having access to all genetic interventions that would be of benefit to them. In this brief Essay, I …

Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron

San Diego Law Review

When the four American moral philosophers who individually have already made the most significant contributions to the ethical analysis of contemporary health care and medicine collaborate, it should come as no surprise that their joint effort is a lucid and powerful analysis of the principles that a just and humane society would employ in setting policies about how the new tools of molecular genetics should be used for human betterment. In From Chance to Choice: Genetics and Justice, Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler aimed to steer a middle course between two extreme models. The first …

Genetic Enhancement, Distributive Justice, And The Goals Of Medicine, Mark A. Hall

San Diego Law Review

In this brief Essay, I focus on chapter 4 of the book’s discussion of the distinction between treatment and enhancement.

This distinction is at the core of many of the most challenging problems of ethics and public policy raised by genetics. This is also the place where there appears to be disagreement or ambivalence among these authors

and where fault

lines appear in their otherwise remarkably united front.

Introduction

San Diego Law Review

No abstract provided.

A Rawlsian Approach To Solving The Problem Of Genetic Discrimination In Toxic Workplaces, Robert A. Bohrer

San Diego Law Review

The Human Genome Project (HGP) may well be the beginning of a technological leap that rivals the advent of the Industrial Age.2 The principal goal of the project is to map and fully sequence3

the twenty- four chromosomes that contain the complete genetic contents of a

normal human cell. The human genome consists of twenty-two pairs of chromosomes plus the X and Y chromosomes that determine gender.4 As would be expected for such a technologically adventurous undertaking, the HGP has been accompanied by a substantial outpouring of concern about the ethical, legal, and social issues that will arise from this …

Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro

San Diego Law Review

This Article outlines some of the moral, legal, and general policy difficulties that societies and individuals will face if technological enhancements via germ line and somatic mechanisms become possible. It identifies and analyzes some of the conceptual structures necessary to explain the nature of these difficulties, suggests some alternative basic scenarios—such as greater or lesser scarcity of technological enhancement resources, impacts on how we perceive each other, and different remediation patterns—and then maps and reverse maps the projected technological developments against the value and legal structures. This Article also describes and comments on what may seem to be, from our …

Pavlovich V. Superior Court: Spinning A World Wide Web For California Personal Jurisdiction*

San Diego Law Review

This Casenote questions the Pavlovich court’s holding. More

specifically, it argues that the exercise of personal jurisdiction in this case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution and that the court erred when it failed to quash service of process. Further, this Casenote posits that exercise of jurisdiction here not only eviscerates the mandates of International Shoe Co. v. Washington and its progeny, but also extends California jurisdiction to cover Internet users everywhere.

Unbuckling The “Chemical Straitjacket”: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman

San Diego Law Review

The

pharmacotherapeutic properties of antipsychotic medications— their actions, therapeutic uses, benefits, adverse effects, contraindications, and risks—are quintessentially medical topics, even when the situations and contexts in which doctors prescribe or recommend their use raise legal questions. Frequently, however, the legal database (that is, published opinions, legislation, regulation, and law review articles) is the principal or sole information source cited and consulted by lawyers, judges, and scholars who write about these drugs and make decisions concerning the persons that may have to take them. What often results is the perpetuation of mistaken, outdated, distorted, biased, contradictory,

or just plain foolish ideas …