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2002

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Symposium: Death Penalty From An International And Human Rights Law Perspective, Danielle Mitterrand Jan 2002

Symposium: Death Penalty From An International And Human Rights Law Perspective, Danielle Mitterrand

Santa Clara Law Review

No abstract provided.


Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De Le Vega Jan 2002

Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De Le Vega

Santa Clara Law Review

No abstract provided.


The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson Jan 2002

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Santa Clara Law Review

No abstract provided.


Stock-Based Compensation For Legal Services: Resurrecting The Ethical Dilemma, Sharon Mary Mathew Jan 2002

Stock-Based Compensation For Legal Services: Resurrecting The Ethical Dilemma, Sharon Mary Mathew

Santa Clara Law Review

No abstract provided.


Employee Protection From Unjust Discharge: A Proposal For Judicial Reversal Of The Terminable-At-Will Doctrine, Edwin Robert Cottone Jan 2002

Employee Protection From Unjust Discharge: A Proposal For Judicial Reversal Of The Terminable-At-Will Doctrine, Edwin Robert Cottone

Santa Clara Law Review

No abstract provided.


Dispelling Tina's Ghost From The Post-Enron Corporate Governance Debate, Michael E. Murphy Jan 2002

Dispelling Tina's Ghost From The Post-Enron Corporate Governance Debate, Michael E. Murphy

Santa Clara Law Review

No abstract provided.


How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner Jan 2002

How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner

Santa Clara Law Review

No abstract provided.


Mistaken Identifications Cause Wrongful Convictions: New Jersey's Lineup Guidelines Restore Hope, But Are They Enough?, Dori Lynn Yob Jan 2002

Mistaken Identifications Cause Wrongful Convictions: New Jersey's Lineup Guidelines Restore Hope, But Are They Enough?, Dori Lynn Yob

Santa Clara Law Review

No abstract provided.


Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review Jan 2002

Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


A Note On Cascade Climbing Of Migrating Goby And Shrimp Postlarvae In Two Maui Streams, M. Eric Benbow, Leslie Luchar Orzetti, Mollie D. Mcintosh, Albert J. Burky Jan 2002

A Note On Cascade Climbing Of Migrating Goby And Shrimp Postlarvae In Two Maui Streams, M. Eric Benbow, Leslie Luchar Orzetti, Mollie D. Mcintosh, Albert J. Burky

Biology Faculty Publications

In this study, we documented cascade climbing rates of 133 and 230 postlarvae of Lentipes concolor (O‘opu alamo‘o) and Atyoida bisulcata (Opae kahaole), respectively, from two streams on the island of Maui, Hawaii. Climbing measurements and observations were made of postlarvae at the water-substrate interface in cascade habitats of constricted water flow. Both species were observed to move in short bursts of forward progression within or above the pulsing water-substrate interface. Goby postlarval climbing rates ranged from 0.04 – 1.50 cm s–1 and were slower than shrimp rates which ranged from 0.30 – 3.06 cm s–1. The high variability is …


Mechanism For Membrane Electroporation Irreversibility Under High-Intensity, Ultrashort Electrical Pulse Conditions, R. P. Joshi, K. H. Schoenbach Jan 2002

Mechanism For Membrane Electroporation Irreversibility Under High-Intensity, Ultrashort Electrical Pulse Conditions, R. P. Joshi, K. H. Schoenbach

Bioelectrics Publications

An improved electroporation model is used to address membrane irreversibility under ultrashort electric pulse conditions. It is shown that membranes can survive a strong electric pulse and recover provided the pore distribution has a relatively large spread. If, however, the population consists predominantly of larger radii pores, then irreversibility can result. Physically, such a distribution could arise if pores at adjacent sites coalesce. The requirement of close proximity among the pore sites is more easily satisfied in smaller organelles than in outer cell membranes. Model predictions are in keeping with recent observations of cell damage to intracellular organelles (e.g., mitochondria), …


Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary Jan 2002

Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary

St. Mary's Law Journal

The changing history of appeal rights—made through decisional interpretation by the Texas Court of Criminal Appeals—highlights the importance of staying current on interpretations of procedural and substantive rules. Lawyers owe their clients a duty to understand the history of the right to appeal from a conviction following a guilty plea. Additionally, they owe their clients a duty to understand substantive and procedural requirements for maintaining such appeals, as well as to stay abreast of changes affecting these appeals. Recently, the Texas Court of Criminal Appeals handed down several opinions drastically reshaping the landscape for appeals following pleas of guilty and …


An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu Jan 2002

An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu

St. Mary's Law Journal

The injury of emotional distress is an interesting tort, which has long perplexed the Anglo-American system of jurisprudence. While, originally, allegations of this kind did not constitute a cause of action, today, there is no question that an injured plaintiff may recover for the infliction of emotional distress. The majority and minority positions differ now only on what must be alleged and proved. Texas was the first jurisdiction in the United States to allow recovery for mental anguish. However, in 1993 in the case of Boyles v. Kerr, the Texas Supreme Court appeared to depart from the majority view when …


Ethics: Lawyering And Professionalism., Broadus A. Spivey Jan 2002

Ethics: Lawyering And Professionalism., Broadus A. Spivey

St. Mary's Law Journal

Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …


Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr. Jan 2002

Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.

St. Mary's Law Journal

Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …


Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii Jan 2002

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …


Age And Growth Of Largemouth Bass At Freshwater Lagoon, Humboldt County, California, Stephen Will Pagliughi Jan 2002

Age And Growth Of Largemouth Bass At Freshwater Lagoon, Humboldt County, California, Stephen Will Pagliughi

Cal Poly Humboldt theses and projects

The quality of the largemouth bass fishery at Freshwater Lagoon was evaluated by assessing age structure, stock structure, condition, and growth characteristics. A total of 1,511 largemouth bass was sampled from 1986 through 2000 using a boat electroshocker. Scales were collected from 706 fish and assigned ages. Eleven age classes were identified with a maximum age of 10 years. Age assignment precision between two readings was 95%. Paired scale and otolith (sagittae) samples were collected via hook-and-line from 20 largemouth bass in spring and early summer of 2002. The agreement rate of age determination between structures was used as a …


A Teacher's Guide To Genocide In California History, Thomas William Hunnicutt Jan 2002

A Teacher's Guide To Genocide In California History, Thomas William Hunnicutt

Cal Poly Humboldt theses and projects

It is the purpose of this teacher’s guide to provide educators with a conceptual and historical framework for interpreting a specific aspect of Indian/white relationships in Northern California during the years of 1840 to 1880. During this period of time the Indians of California suffered a dramatic reduction in their population as a result of disease, mass killings, kidnappings, relocations, and the destruction of the material resources necessary for cultural continuance. It is the conclusion of historians such as Jack Norton (1997), Rupert and Jeannette Costo (1995), Lynwood Carranco and Estle Beard (1981), Russel Thornton (1987), and others that California …


Observation On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantu Jan 2002

Observation On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Federal And State Law Encroachment On Individual Rights, William Clark Harrel Jan 2002

Federal And State Law Encroachment On Individual Rights, William Clark Harrel

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott Jan 2002

Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann Jan 2002

Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann

The Scholar: St. Mary's Law Review on Race and Social Justice

This article examines the historical use of a person’s race in the legal system, more specifically in criminal cases. Race should not determine the quality of justice an individual receives. An enlightened criminal justice system would not allow race to determine a person’s fate. However, the Texas criminal justice system allows the consideration of a person’s race in determining whether that person should receive the death penalty. In Victor Hugo Saldano v. The State of Texas, an unpublished opinion, the Texas Criminal Court of Appeals upheld the imposition of the death penalty where the jury heard an expert witness claim …


Human Rights Don't Stop At The Border: Why Texas Should Provide Preventative Health Care For Undocumented Immigrants, Alexander Vivero Neill Jan 2002

Human Rights Don't Stop At The Border: Why Texas Should Provide Preventative Health Care For Undocumented Immigrants, Alexander Vivero Neill

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming


2002-2003 School Year (Incomplete), St. Mary's University School Of Law Jan 2002

2002-2003 School Year (Incomplete), St. Mary's University School Of Law

The Witan

No abstract provided.


Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell Jan 2002

Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Publications

No abstract provided.


The Discretionary Power Of "Public" Prosecutors In Historical Perspective, Carolyn B. Ramsey Jan 2002

The Discretionary Power Of "Public" Prosecutors In Historical Perspective, Carolyn B. Ramsey

Publications

Norms urging prosecutors to seek justice by playing a quasi-judicial role and striving for fairness to defendants are often assumed to have deep historical roots. Yet, in fact, such a conception of the prosecutor's role is relatively new. Based on archival research on the papers of the New York County District Attorney's Office, "The Discretionary Power of 'Public' Prosecutors in Historical Perspective" explores the meaning of the word "public" as it applied to prosecutors in the nineteenth century. This article shows that, in the early days of public prosecution, district attorneys were expected to maximize convictions and leave defendants' rights …


Law And Information Platforms, Philip J. Weiser Jan 2002

Law And Information Platforms, Philip J. Weiser

Publications

No abstract provided.


Western Water: The Ethical And Spiritual Questions, Charles Wilkinson Jan 2002

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Publications

No abstract provided.


Beyond W3c: Truvision - Enhanced Online Learning For People Blind Or Vision Impaired, Ron Oliver, Frank Bate Jan 2002

Beyond W3c: Truvision - Enhanced Online Learning For People Blind Or Vision Impaired, Ron Oliver, Frank Bate

Research outputs pre 2011

This paper describes the design and development of TruVision, an online learning environment designed to enable blind and vision impaired students to develop skills and expertise in elementary and advanced information processing strategies to enable them tom seek full-time employment within industry in such positions as administrative assistants, Help Desk personnel and data entry operators. Truvision is a product within The Flexible Learning Toolboxes Project , a component of the Australian Flexible Learning Framework for the National Vocational Education and Training System 2000-2004 (AFL Framework). The AFL Framework is designed to support the accelerated take-up of flexible learning modes and …


Developing Evaluation Frameworks For Assessing Quality Ict-Based Learning In Higher Education, Ron Oliver, John Hedberg, Barry Harper, Sandra Wills, Shirley Agostinho Jan 2002

Developing Evaluation Frameworks For Assessing Quality Ict-Based Learning In Higher Education, Ron Oliver, John Hedberg, Barry Harper, Sandra Wills, Shirley Agostinho

Research outputs pre 2011

This paper describes the evaluation of high quality learning designs which are being selected for possible redevelopment in a National Project funded by the Australian University Teaching Committee (AUTC). The project focuses on "Information and Communication Technologies (ICTs) and Their Role in Flexible Learning" and is evaluating over 50 projects with a view to developing a range of software tools, templates and/or guidelines based on those that are deemed to be effective ICT-based learning projects. The approach is unique in that it tries to pinpoint the key attributes of ICT-based projects that make them suitable for application in other contexts …