Digital Commons Network^™

Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez

St. Mary's Law Journal

Insurance companies should not be allowed to continue the practice of hiring in-house or captive counsel to defend against a claim covered by their insurance policy. Under a typical liability insurance policy, the insurer has a duty to defend. When legal counsel is retained, the insurer pays for the representation and has a contractual right to control the defense. This places defense counsel in a precarious situation because he or she has to balance the contractual obligations to the insurer against his or her ethical responsibilities to the insured. The defense counsel may be exposed to a malpractice claim by …

Jury Patriotism: The Jury System Should Be Improved For Texans Called To Serve., K. B. Battaglini, Mark A. Behrens, Cary Silverman

St. Mary's Law Journal

Many citizens seem to embrace the jury system, so long as they do not have to participate. The reason for this is not that most citizens are “un-American” but rather the burden jury duty imposes on potential jurors. Texans, in general, continue to overwhelmingly support the jury system. Yet, many citizens fail to appear for jury duty when summoned or strive to get out of jury duty after entering the courthouse. Most of these individuals do not lack a sense of civic duty. Rather, they are discouraged from jury service due to the hardship and headache imposed by an antiquated …

Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms

St. Mary's Law Journal

As a result of the increasing number and amounts of punitive damage awards, a call for reform is much warranted. Reformers and legislators continue to seek out measures to effectively limit excessive punitive damage awards and deter unnecessary and frivolous litigation. But they must consider not only the effects of the statutes but also the purposes they will serve. Split-recovery statutes can become valuable reform tool which will continue to serve the goals of punishment and retribution attached to punitive damages as well as deterrence. Split-recovery statutes arguably enlarge government, but they also serve a valuable purpose in furthering the …

Shaping Losses: Cultural Memory And The Holocaust [Book Review], Ken Koltun-Fromm

Religion Faculty Scholarship

No abstract provided.

An Allegory Of Good (And Bad) Governance: Applying The Sarbanes-Oxley Act To Nonprofit Organizations, Wendy K. Szymanski

Utah Law Review

Clearly, change is coming to the nonprofit governance arena. Given the scandals which have shaken the public trust in nonprofits and the overall skeptical view of large organizations in light of the even greater corporate scandals, it seems just as clear that change is in order. Attention must now be paid to ensuring that any reforms are specifically tailored to nonprofit organizations, rather than imposing mere cut-and-paste provisions borrowed from the for-profit sector. It is imperative that any regulations that are promulgated recognize that nonprofits are not similarly situated with the forprofit mega-companies that inspired the Sarbanes-Oxley Act's passage. Any …

Repairing The Harm: Victims And Restorative Justice, Lawrence W. Sherman, Heather Strang

Utah Law Review

From a victim perspective, restorative justice has been shown usually to do better than the existing criminal justice system. It has met the burden of proof for benefiting one stakeholder in the process of justice. It might arguably lose that status if it is found that restorative justice also hurts offenders or communities. But in thousands of restorative justice conferences on three continents, no clear evidence has yet emerged that restorative justice has such negative side effects. Given the substantial evidence of unfairness and disrespect in the treatment of victims by criminal justice, restorative justice seems to be in a …

Between Town And Gown: The Rise And Fall Of Restorative Justice On Boulder's University Hill, Thomas D. Russell

Utah Law Review

Seven weeks after I moved to Boulder, University of Colorado students rioted three-quarters of a block from my home. In July 2000, my wife, two young children, and I had moved from Austin, Texas, where I taught at the University of Texas. We bought a small Craftsman Bungalow in Boulder. Boulder real estate is expensive; we paid $435,000 for the 1600 square foot house. The first owner of the house, which was built in 1911, was the university librarian, who lived there until his death in 1937. Our next-door neighbor on one side was an English professor at the University …

Restorative Justice And The Two-Track Establishment Clause, Frederick Mark Gedicks

Utah Law Review

Many restorative justice programs, however, do have religious dimensions. A circle sentencing session, for example, may open or close with a prayer or other group religious ritual. Victim-offender mediations may be structured in accordance with theological concepts such as forgiveness, repentance, or atonement, or on sectarian versions of secular ideas like apology, remorse, restitution, or reconciliation. Many would argue, in fact, that even these ostensibly secular ideas were once religious. Participants in such mediations may explicitly invoke a God or a religious belief system as the source of ethical obligations owed by offenders or victims. For instance, a mediation involving …

Harmonizing Rules 609 And 608(B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Utah Law Review

Testimony by live witnesses in open court forms the basis of the American trial. Today, almost anyone having relevant information is competent to testify., Fact-finders know, however, that not all testimony should be given the same weight. A witness may have failed to perceive events clearly or have forgotten important details. A witness may give ambiguous testimony or simply be lying. Cross-examination is the tool designed to reveal these defects. Cross-examiners can use several different means to suggest a witness is lying. Two of the most important are to show a witness has a criminal conviction or committed a bad …

Frankly, We Do Give A... Darn! Hollywood's Battle Against Unauthorized Editing Of Motion Pictures: The "Cleanflicks" Case, Nicole Griffin Farrell

Utah Law Review

The CleanFlicks case could rewrite copyright and trademark law. The complex case involves sixteen prominent film directors and their collectivebargaining agency, the DGA, thirteen individuals and companies that remove profanity, nudity, sex, and violence from motion pictures, and eight widely recognized motion-picture studios.

The Liability Reform Act Subsequent To Field V. Boyer Co.: Sounding The Death Knell Of Civil Conspiracy In Utah?, Kristopher S. Kaufman

Utah Law Review

If the broadened scope of the LRA reaches out and envelopes civil conspiracy, one must question whether civil conspiracy's secondary uses are enough to sustain the doctrine's vitality. In Utah it is unlikely, as civil conspiracy is only documented as being used to connect the passive coconspirators for purposes of collecting damages. Possibly, as in Laxson, apportionment among coconspirators may not pose a significant problem. However, an attorney wellversed in Utah's comparative-fault principles will likely not waste his or her time in pleading a civil conspiracy if the substantial majority of liability will be apportioned back upon the conspirators who …

The Digital Media Lab At Bainbridge College, Neil L. Griffin

Graduate Research Papers

This project describes the development of an audio and video production facility at Bainbridge College, a small community college in Bainbridge, Georgia. The Digital Media Lab provides faculty, staff, and students with the ability to create audio and video resources for classroom use, research, training, and outreach.

The principal steps of this project were a literature review, a needs analysis, the equipment selection process, and implementation. The literature review included examples of how video is used in higher education, information about current trends in technology, and faculty development strategies. The needs analysis determined that the facility should support both analog …

A Comparative Analysis Of Early Childhood Education In Kenya And The United States Of America : Kenya's Social And Economic Constraints, Peter Kibet Koech

Graduate Research Papers

This study examined Early Childhood Education in Kenya and the United States of America. The development of Early Childhood Education in Kenya was discussed through detailed analysis of social and economic constraints. Conclusions were drawn from the available literature; also, suggestions and relevant recommendations were made to help improve Early Childhood Education in Kenya.

Using Wordless Picture Books To Stimulate Fictional Writing In First-Grade Students, Kathryn Nicol Morris

Graduate Research Papers

The use of wordless picture books was a successful strategy as an adult intervention for helping students at different levels in their writing ability to produce a story that followed a logical progression of events; that had a clear beginning, middle and end; and that described a character's experiences to a point of conclusion. This was accomplished with varying degrees of teacher assistance required. The stories from these students showed some similarities, but each student brought some unique element to the writing. The stories were distinguishable, even though the text in each story was inspired by the same set of …

The Effect Of Year-Round Education On Student Achievement, Rebecca Okerlund

Graduate Research Papers

The year-round calendar has generated interest among many educators as a way to increase student achievement by reducing learning loss that often occurs during long summer vacations. This paper explores various assertions made about year-round education (YRE) as it compares with traditional-calendar education (TCE). Achievement results in the core subjects of math and reading are discussed and compared in school districts.that have utilized either a multi-track, a single-track, or a traditional 9-month calendar:

The outcome of this review indicates mixed results regarding YRE and student achievement.Because many of the studies contained incomplete data and confounding variables such as length of …

Preface, Erhan Altunel, Serdar Akyüz

Turkish Journal of Earth Sciences

No abstract provided.

Cover And Contents

Turkish Journal of Earth Sciences

No abstract provided.

Cover And Contents

Turkish Journal of Earth Sciences

No abstract provided.

Books And Letters Vol. 17, No. 1, University Libraries, Anne Marie Candido, Ethel C. Simpson, Juana R. Young, Nancy Ellen Talburt, Misha Dyer, Cheri Pearce, University Relations

Books and Letters

New Directions: Lectures, Exhibits, and Concerts; New Digital Collections Site Created; Development Director Appointed; A Reader’s Library of Mystery and Crime Fiction

Utilizing Online Literature Circles To Improve Reading Comprehension, Mark Schuldt

Graduate Research Papers

Literature circles are an important part of a balanced reading program. They require students to work with others to become independent problem solvers. With the introduction of online literature circles, students get the added experience of using technology in an authentic learning situation. As a result of this technology integration, students' reading comprehension and proficiency with computers will improve.

The importance of this project is to provide teachers with curriculum that is supported by technology. Specific research and practice is sited to support the rationale of combining technology and reading. The most significant findings include the development of the lower …

Copyright Policy And Enforcement In Higher Education: The Impact On Distance Education, Michelle Elizabeth Zilisch

Graduate Research Papers

This literature review is to study the current trends in copyright policy among higher education and how abuse of copyright policy, enforcement and laws are impacting the way that educators are able to teach in the classroom and through distance education methods

Best Practices In Balanced Early Literacy Instruction, Suzanne Yoder

Graduate Research Papers

In order to provide the best literacy instruction for the nation's earliest learners, it is crucial that best practice principles, as defined by Steven Zemelman, Harvey Daniels, and Arthur Hyde, be adhered to. These principles include all aspects of what have been found to be the teaching methods and strategies most conducive to successful early literacy acquisition. The purpose of this paper is to examine the historical and current trends in literacy education, discuss and explain the best practice principles, and to relate these principles to a current balanced literacy approach. Further, activities and lessons are presented which could be …

Educating African American Children : Breaking The Silence, Bernadette Thomas

Graduate Research Papers

It is inappropriate to view all children as the same, even when they may look very similar or share a cultural background. Differences exist in and among all racial and ethnic groups at all social levels. It would be dangerous to read information on diversity and apply it as if all people in that particular group are the same. Cultural information can promote understanding and insight for all. It is necessary to understand the challenges and issues that children of diverse backgrounds are faced with in order to facilitate positive change and resiliency in the counseling process. The author provides …

Ethical Leadership--A Search For Self : A Reflective Essay, Deborah Fisher Vroom

Graduate Research Papers

Robert DeBlois (2000) in an article in Phi Delta Kappan magazine stated that "Maybe being a good leader is neither more or less complicated than knowing who you are and what your job is." Aristotle stated it even more simply as "Know thyself'. What is good leadership? We have had in recent years a plethora of books and articles on leadership from Steven Covey, Anthony Robbins, John Maxwell, to Peter Senge, with ideas on learning to take a risk to ''find new cheese" to using Christopher Robin as a leadership style. What is it that all of these experts have …

Using Computer Software To Enhance Instruction Of Early Literacy Skills In The Kindergarten Classroom, Janann Dostal

Graduate Research Papers

This review investigates skills vital to early literacy instruction, technology use in early childhood classrooms, and software available to enhance early literacy skills of kindergarten students. Letter naming, phonological awareness, concepts about print, and language development are early literacy skills vital to a student's future reading success. Studies have shown that technology has been used in early childhood classrooms as an effective teaching tool, to promote active student involvement, and as a tool for motivation, showing that computers can be utilized successfully with young students. Research indicates that early literacy software used to supplement teacher instruction has great potential to …

Criticism Of Middle School Curriculum Integration : A Review Of The Literature, Carrie Even

Graduate Research Papers

This literature review looks at curriculum integration at the middle school level. The literature predominantly has reflected curriculum integration as a practice that benefits middle school students, but it has received criticism as well. Some of the criticism includes the following: time needed for planning, teaming of teachers, student interest, standards and benchmarks being subject specific, and the lack of critical information in specific content areas. This review of the literature examines the criticism to understand whether curriculum integration is beneficial for students.

Recommendations about the continued use of curriculum integration at the middle school level include the following: continued …

Aligning Technology And Language Arts Standards, Catherine A. Feldmann

Graduate Research Papers

The standards of language arts and technology blend fluidly to provide for an optimal learning environment. Language Arts teachers and students of all levels can gain significantly from the incorporation of multimedia software into the curriculum. Educators demonstrate responsible teaching when the initiative is taken to incorporate these otherwise separate areas together. Multimedia provides for an additional method for students to obtain, demonstrate, and share information. The use of technology into all curricular areas helps to develop life skills that are considered necessities in many jobs today.

Concert Recording 2003-04-21, Mark Burnett, Henry Runkles, Dixie Stone

Concert Recordings & Programs

Miniature Viennese march / Fritz Kreisler -- Pulcinella, op. 53, no. 1 / Eugene Bozza -- Beyond these hills / Carl Anton Wirth -- Sarabande and gigue / Fisher Tull -- Shepherds of Provence, op. 43 / Eugene Bozza -- Sicilienne / Pierre Lantier -- Sonata for E flat saxophone and piano. Allegro ; Vivace ; Adagio and presto / Bernhard Heiden

Caller Id, Plamen Ivanov Arnaudov

LSU Master's Theses

As one might expect from a young poet writing at the turn of a millennium, recurrent in "Caller ID" is the theme of struggle with literary tradition and of seeing it as both necessary and constricting to the project of forging one's own creative identity. The collision between history and the self is visible in the often conflicted references to great philosophers and poets of the past as well as in the call for renewal of the body poetic after an envisioned 'end of history' marked by creative sterility and exhaustion. The proposed renewal does not entail destruction of tradition …

Keys Of War, Clay Carter Weill

LSU Master's Theses

At the dawn of time the gods created heaven and earth. The creator of the moon joined with the creator of the sun and together they produced the first Empress. She is the embodiment of all that is good and holy. She is the spiritual guide to all the tribes of man. The tribes are ruled by men. When one man, Baron Stier, rises above the others he is crowned Archduke. He rules in the Empress’s name and his dynasty lasts for half a millennia. Upon the discovery of the land beyond the sacred islands the dynasty falls. And tribes …