Digital Commons Network^™

Who Cares? Why Bother?: What Jeff Powell And Mark Tushnet Have To Say To Each Other (A Review Of Christian Perspectives On Legal Thought, Edited By Michael W. Mcconnell, Robert F. Cochran, Jr., And Angela Carmella, William Brewmaker

Oklahoma Law Review

No abstract provided.

The "Ultimate Question": A Limited Argument For Trafficking In Stolen Speech, Matthew J. Coleman

Oklahoma Law Review

No abstract provided.

Development And Evaluation Plans Of A Denominational Program To Equip Local Church Leaders With Creative Thinking And Problem Solving Techniques, Richard C. Harris

Abraham S. Fischler College of Education ETD Archive

The problem investigated within the Free Methodist Church was that church leaders (pastors and lay leaders) lacked skills in how to proactively engage churches in creative thinking and problem solving. The purpose of this project was to develop a program to help church leaders improve creative thinking and problem-solving skills and to design a plan for evaluating such a program.

There were four comprehensive research questions for this study. The first was "What is the subject matter of a comprehensive program for developing in church leaders the skills and attitudes needed to improve creative thinking and problem solving? The second …

Wordsworth's Habits Of Mind: Knowledge Through Experience (Review), Nancy Easterlin

English Faculty Publications

No abstract provided.

Romanticism's Gray Matter (Review Essay), Nancy Easterlin

English Faculty Publications

No abstract provided.

Spectral Integration Of Microstructure And Design, Brent L. Adams, B. Henrie, M. Lyon, H. Garmestani, Surya R. Kalidindi

Faculty Publications

Support of the Army Research Office is greatly appreciated. Mechanical design can be conducted in a framework where consideration of microstructure as a continuous design variable is facilitated by the use of a Fourier space. Selection of the mechanical framework for the problem (e.g., mechanical constitutive model and homogenization relations) dictates the dimensionality of the pertinent microstructure representation. Microstructure is comprised of basic elements that belong to the local state space. Local state includes crystallographic phase and orientation, and other parameters such as composition. The local state space is transformed into an isomorphic set in Fourier space. The universe of …

Peppering Knowledge Sources With Salt: Boosting Conceptual Content For Ontology Generation, Deryle W. Lonsdale, Yihong Ding, David W. Embley, Alan Melby

Faculty Publications

This paper describes work done to explore the common ground between two different ongoing research projects: the standardization of lexical and terminological resources, and the use of conceptual ontologies for information extraction and data integration. Specifically, this paper explores improving the generation of extraction ontologies through use of a comprehensive terminology database that has been represented in a standardized format for easy tool-based implementation. We show how, via the successful integration of these two distinct efforts, it is possible to leverage large-scale terminological and conceptual information having relationship-rich semantic resources in order to reformulate, match, and merge retrieved information of …

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman

Faculty Publications

No abstract provided.

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2001-2002), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2002 Session. In addition, there were ten Supreme Court of Virginia opinions and two United States District Court opinions raising issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers Jr.

Law Faculty Publications

The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …

A Preferable Approach For The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

United States Senators Orrin Hatch (R-Utah) and Frank Murkowski (R-Alaska) recently introduced Senate Bill 2184, which would split the United States Court of Appeals for the Ninth Circuit into two circuits. This measure differs from Senate Bill 253 that embodies the recommendations submitted to Congress by the Commission on Structural Alternatives for the Federal Courts of Appeals after its one-year study. The Commission found "no persuasive evidence that the Ninth Circuit ... is not working effectively" and clearly rejected bifurcation. However, the Commission recommended that Congress impose a divisional restructuring on the Ninth Circuit Court of Appeals and authorize the …

Local Federal Civil Procedure For The Twenty-First Century, Carl W. Tobias

Law Faculty Publications

Federal civil procedure is now byzantine. Lawyers and parties face, and federal judges apply, a bewildering panorama of requirements. There are strictures in the Federal Rules of Civil Procedure as well as Title 28 of the United States Code and dozens of substantive statutes. A stunning array of local measures-including local rules; general, special, and scheduling orders; individual-judge practices; and mechanisms that courts adopted under the Civil Justice Reform Act (CJRA) of 1990 to reduce cost and delay-also govern cases in all ninety-four districts. Many of the provisions· are inconsistent or duplicative, while a significant percentage are difficult to discover, …

Anastasoff, Unpublished Opinions, And Federal Appellate Justice, Carl W. Tobias

Law Faculty Publications

In Anastasoff v. United States, a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and parties generally should not cite them." Eighth Circuit Judge Richard S. Arnold authored the opinion, holding that this local requirement violates Article ill of the United States Constitution. Regardless of whether the provocative decision in Anastasoff is constitutionally sound, the opinion trenchantly emphasizes the critical significance of a public policy issue that has remained essentially untreated for too long.

The three-judge panel, thus, threw …

Youngstown Revisited, Carl W. Tobias, Christopher Bryant

Law Faculty Publications

One half century ago, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure and operation of the nation's steel mills to support United States participation in the Korean conflict.1 The president relied on his power as commander-in-chief of American armed forces, other executive authority provided by Article II in the United States Constitution, the need for sustaining the American military effort, and temporal exigencies. Eight weeks later, the United States Supreme Court held that Truman lacked any power to seize the property of American steel companies in Youngstown Sheet & Tube Co. v. Sawyer.

On November …

Tribute To Paul Oberst, Edward T. Breathitt, John H. Garvey, John Hatch, Rutheford B. Campbell Jr., William H. Fortune, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.

Official Immunity In Kentucky: The New Standard Under Yanero V. Davis, G. Thomas Barker

Kentucky Law Journal

No abstract provided.

No Rule Of Thumb: The Conflict Of Digital Palpation Under The Horse Protection Act, Clark Case

Kentucky Law Journal

No abstract provided.

Pro Se Litigants At The Summary Judgment Stage: Is Ignorance Of The Law An Excuse?, Jessica Case

Kentucky Law Journal

No abstract provided.

When May A State Require Teaching Alternatives To The Theory Of Evolution? Intelligent Design As A Test Case, Stephen L. Marshall

Kentucky Law Journal

No abstract provided.

Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison

Kentucky Law Journal

No abstract provided.

The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew

Kentucky Law Journal

No abstract provided.

Policy Levers For The Control Of Tobacco Consumption, Frank J. Chaploupka, Ellen J. Hahn, Sherry L. Emery

Kentucky Law Journal

No abstract provided.

Legislating A Public Health Nightmare: The Anti-Immigrant Provisions Of The "Contract With America" Congress, Julia Field Costich

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 90, Issue 4, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Public Health Law: Power, Duty, Restraint By Lawrence O. Gostin, Julia Field Costich

Kentucky Law Journal

No abstract provided.