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Articles 16651 - 16680 of 18915
Full-Text Articles in Entire DC Network
Bringing Cultural Practice Into Law: Ritual And Social Norms Jurisprudence, Andrew J. Cappel
Bringing Cultural Practice Into Law: Ritual And Social Norms Jurisprudence, Andrew J. Cappel
Santa Clara Law Review
No abstract provided.
Equal Opportunity Adoption & (And) Declaratory Judgments: Acting In A Child's Best Interest, Casey Martin
Equal Opportunity Adoption & (And) Declaratory Judgments: Acting In A Child's Best Interest, Casey Martin
Santa Clara Law Review
No abstract provided.
The Ownership And Patenting Of Inventions Resulting From Stem Cell Research, John A. Lee
The Ownership And Patenting Of Inventions Resulting From Stem Cell Research, John A. Lee
Santa Clara Law Review
No abstract provided.
The Tension Between Textualism And Substance-Over-Form Doctrines In Tax Law, Allen D. Madison
The Tension Between Textualism And Substance-Over-Form Doctrines In Tax Law, Allen D. Madison
Santa Clara Law Review
No abstract provided.
Access To Quality Teaching: An Analysis Of Inequality In California's Public Schools, Linda Darling-Hammond
Access To Quality Teaching: An Analysis Of Inequality In California's Public Schools, Linda Darling-Hammond
Santa Clara Law Review
No abstract provided.
Ethics Year In Review, Heather Owen
Judicial Election Candidates' Free Speech Rights After Republican Party Of Minnesota V. White: Is The Problem Really Solved?, Alexa Green
Santa Clara Law Review
No abstract provided.
Patenting Genomic Technology - 2001 Utility Examination Guidelines: An Incomplete Remedy In Need Of Prompt Reform, Tanya Wei
Santa Clara Law Review
No abstract provided.
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
Social and Cultural Sciences Faculty Research and Publications
No abstract provided.
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
St. Mary's Law Journal
Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …
Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez
Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez
St. Mary's Law Journal
This Comment proposes that accountants be held liable to any foreseeable user of their work product to ensure the deterrence of negligence on their part. Currently, the three main common law theories concerning whether nonclients can sue accountants for negligence are: (1) the privity rule; (2) the Restatement (Second) of Torts § 552; and (3) the foreseeability standard. Many states follow the Restatement approach entitled “Information Negligently Supplied for the Guidance of Others.” Texas imposes liability on accountants but fails to extend protections to third parties who rely upon the accuracy of financial statements. Further, Texas liability does not expose …
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
2003-2004 School Year (Incomplete), St. Mary's University School Of Law
2003-2004 School Year (Incomplete), St. Mary's University School Of Law
The Witan
No abstract provided.
The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg
The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg
Publications
Connecting users to the best available sources of legal information is one of the traditional functions of the law library. These sources now include Web sites, electronic journals, and subscription databases. This article explores the best way to bring these useful Internet resources to the attention of users, concentrating on the pros and cons of using the catalog or the home page.
Trust, Guilt, And Securities Regulation, Peter H. Huang
Trust, Guilt, And Securities Regulation, Peter H. Huang
Publications
This Article analyzes the importance of trust in securities investing and how guilt about breaching such trust has implications for securities regulation. Both U.S. federal securities laws and the regulations of the National Association of Securities Dealers impose high standards of professional conduct upon securities professionals. But exactly what are and should be the legal responsibilities of securities professionals remain the subject of much debate. In particular, courts disagree over when broker-dealers are fiduciaries of their clients. A legal consequence of a fiduciary relationship is a duty of fair dealing. This Article is the first to analyze the emotional, moral, …
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
Publications
Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Publications
No abstract provided.
Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law
Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law
Law Notes
No abstract provided.
Market Makers' Recognition Of Key Success Factors In Electronic Marketplaces, Rosemary Stockdale, Craig Standing
Market Makers' Recognition Of Key Success Factors In Electronic Marketplaces, Rosemary Stockdale, Craig Standing
Research outputs pre 2011
This study examines the recognition and use of critical success factors by market makers in electronic marketplaces. A content analysis of e-marketplace websites enabled an examination of how these factors have been incorporated into marketplace sites. Evidence of market makers’ awareness of the success factors was found in all the sites although there remain questions and issues to be addressed. Awareness of the need for critical mass and privacy were very evident, but the key factors of security, technological infrastructure and neutrality were identified as areas of concern. Evidence of an awareness of the importance of trust by market makers …
Online Learning Designs In The Training Sector, Ron Oliver, Vivienne Blanksby
Online Learning Designs In The Training Sector, Ron Oliver, Vivienne Blanksby
Research outputs pre 2011
This paper describes current activities within the vocational education training (VET) sector in Australia where traditional views of teaching and learning for training are being challenged. The paper showcases innovative and leading edge applications of technology in the National Flexible Toolbox Project and draws on the history of this project to demonstrate current thinking within the Australian VET sector in relation to student learning. The paper examines the learning designs and resources that have been developed across the past five years in the National Flexible Toolbox Project and uses the outcomes to argue and demonstrate its findings.
Algorithmic Composition In Contrasting Music Styles, Tristan Mcauley, Philip Hingston
Algorithmic Composition In Contrasting Music Styles, Tristan Mcauley, Philip Hingston
Research outputs pre 2011
The aim of this research was to automate the composition of convincingly “real” music in specific musical genres. By “real” music we mean music which is not obviously “machine generated”, is recognizable as being of the selected genre, is perceived as aesthetically pleasing, and is usable in a commercial context. To achieve this goal, various computational techniques were used, including genetic algorithms and finite state automata. The process involves an original, top down approach and a bottom up approach based on previous studies. Student musicians have objectively assessed the resulting compositions.
The Retention And Persistence Support (Raps) Project: A Transition Initiative, Dawn Darlaston-Jones, Lynne Cohen, Suena Haunold, Lisbeth Pike, Alison Young, Neil Drew
The Retention And Persistence Support (Raps) Project: A Transition Initiative, Dawn Darlaston-Jones, Lynne Cohen, Suena Haunold, Lisbeth Pike, Alison Young, Neil Drew
Research outputs pre 2011
The transition to university is often associated with stress, anxiety, and tension and in many cases can lead to students failing or withdrawing from university. Transition problems result in high social and economic costs to families and the community. The past decade has seen a proliferation of transition strategies across universities. Results from evaluations of these transition programmes suggest student retention rates are significantly higher among those students involved in these programmes. The emphasis now though is to develop school or department based programmes as these are more readily adapted to meet the specific needs of students than university wide …
Honeyd - A Os Fingerprinting Artifice, Craig Valli
Honeyd - A Os Fingerprinting Artifice, Craig Valli
Research outputs pre 2011
The research looks at the efficiency of the honeyd honeypot system to reliably deceive intruders. Honeypots are being used as frontline network intelligence and forensic analysis tools. A honeypots ability to reliably deceive intruders is a key factor in gathering reliable and forensically sound data. Honeyd's primary deceptive mechanism is the use of the NMAP fingerprint database to provide bogus OS fingerprints to would be intruders. Tests conducted by the author on honeyd's ability to provide bogus fingerprints sees 78% of 704 signatures invalidated under heavy probing. However, the tests left 152 viable signatures for producing hardened honeypot designs.
Australian Hackers And Ethics, Matthew Warren, William Hutchinson
Australian Hackers And Ethics, Matthew Warren, William Hutchinson
Research outputs pre 2011
The aim of the paper is to look at the way hackers act and ways in which society can protect itself. The paper will show the current views and attitudes of hackers in an Australian context. The paper will also include a case study to show how a hacking incident can develop and how technology can be used to protect against hacking.
Are They Being Served? Student Expectations Of Higher Education, Dawn Darlaston-Jones, Lisbeth Pike, Lynne Cohen, Alison Young, Suena Haunold, Neil Drew
Are They Being Served? Student Expectations Of Higher Education, Dawn Darlaston-Jones, Lisbeth Pike, Lynne Cohen, Alison Young, Suena Haunold, Neil Drew
Research outputs pre 2011
The current climate in tertiary education places students as primary consumers. As such, students are becoming more conscious of their customer rights and of gaps between their expectations of service delivery and the reality of that service. Not only does this service gap present a quality assurance challenge for universities, it is also likely to contribute to student withdrawal. In week one of the first semester 2001, a sample of 56 first year psychology students volunteered to complete the SERVQUAL questionnaire (Riddings, Sidhu, & Pokarier, 2000) to assess their expectations of university in terms of academic and Administrative staff. The …
Security Management Education Online, Peter J. Hosie, Clifton L. Smith, Joseph Luca
Security Management Education Online, Peter J. Hosie, Clifton L. Smith, Joseph Luca
Research outputs pre 2011
This paper describes the philosophy and pedagogy informing the design and development of Security Science online units. The Physical Security unit is used to illustrate the development of the online learning strategies and interactive activities. Learning materials developed for this course have unique attributes as they were specifically designed to provide simulations and interactivity in the learning process. Field scenarios have been developed for the activities to make the learning experiences as realistic as possible. Simulations and graphics provide these experiences, together with security site images for actual security barriers, systems and technologies. Features of units in the course include …
Teaching And Learning Online For The First Time: Student And Coordinator Perspectives, Lauren Breen, Lynne Cohen, Paul Chang
Teaching And Learning Online For The First Time: Student And Coordinator Perspectives, Lauren Breen, Lynne Cohen, Paul Chang
Research outputs pre 2011
In recent years the higher education sector has moved towards the flexible delivery of individual units and entire courses. As a result, online delivery methods are becoming increasingly common. In this paper we describe students’ and unit-coordinators’ views concerning teaching and learning online for the first time in an introductory psychology unit. Using an action learning approach, views were ascertained through a focus group, messages posted on the online discussion boards, a survey, and coordinator reflections. The results indicate that the current online design of the unit does little to actively engage students in the learning process. We argue that …
Using A Student Centred Approach In A Large Class Context, Dawn Darlaston-Jones, Lynne Cohen
Using A Student Centred Approach In A Large Class Context, Dawn Darlaston-Jones, Lynne Cohen
Research outputs pre 2011
Teaching large classes has become a reality for most courses in Australian universities. While many academics recognise the benefits to students and themselves of using alternative teaching methodologies, many resort to the traditional formal lecture approach when it comes to teaching large classes. This paper examines the tension between providing a meaningful learning experience for university students and the constraints of increased class sizes. Presented as a case study, it challenges the assumptions of staff and students in terms of what constitutes an appropriate learning environment and identifies strategies that could usefully be transferred from a small class to a …
Using Multimedia Elements To Change Student Mental Models Of Colour Vision Deficiency, Romana Pospisil, Susan Stoney
Using Multimedia Elements To Change Student Mental Models Of Colour Vision Deficiency, Romana Pospisil, Susan Stoney
Research outputs pre 2011
The online environment offers many opportunities for students to interact with each other, with unit materials and resources, and for lecturers to inform students of issues regarding their main course of study. One of the weaknesses of teaching and learning in the online mode, however, is that lecturers have difficulty in identifying misconceptions and imperfect mental models in their students. This paper reports on a study being conducted by at Edith Cowan University in the use of small e-learning modules developed in Quicktime video to change or strengthen students' mental models - in this case their mental model of Colour …
A Case Study In The Security Of Network-Enabled Devices, Simeon Xenitellis, Craig Valli
A Case Study In The Security Of Network-Enabled Devices, Simeon Xenitellis, Craig Valli
Research outputs pre 2011
It is becoming increasingly common for appliances and other electronic devices to be network-enabled for usability and automation purposes. There have been fears that malicious users can control such devices remotely. Since the installation base of such network-enabled household devices is still relatively small, we examine the types of vulnerabilities that another such applicance has, the network-enabled printer, which is commonly found in the education and business sector. In this paper we analyse the source of the vulnerabilities and present detailed threat scenarios. In addition, we examine four organisations in Australia and Europe. Based on the results of the case …