Digital Commons Network^™

Engler-Knoll Consumption Tax Proposal: What Transition Rule Does Fairness (Or Politics) Require, The, Joseph Bankman

SMU Law Review

No abstract provided.

Two Theories Of Criminal Law, Richard H. Tur

SMU Law Review

No abstract provided.

Can The Law Be Copyrighted - Fifth Circuit Holds That Model Building Codes Lose Copyrights Upon Adoption Into Law - Veeck V. Sbcci, Maryjane Boone Bonfield

SMU Law Review

No abstract provided.

Willful And Malicious Injury Exception To Discharge Of Debt - Ninth Circuit Adopts A Subjective Test For What Constitutes Willful And Malicious Conduct - In Re Su, Katharine Battaia Richter

SMU Law Review

No abstract provided.

The Commonwealth Court Of Pennsylvania Holds That Cyber Charter Schools Are Legal According To The Existing Charter School Law - Pennsylvania School Board's Ass'n, Inc. V. Zogby, Kathryn M. Kraft

SMU Law Review

No abstract provided.

Criminal Procedure: Confessions, Searches And Seizures, Michael E. Keasler

SMU Law Review

No abstract provided.

Criminal Procedure: Pretrial, Trial And Appeal, Edwin T. Aradi, Heather L. Peckham, Marcus G. Mungioli, Sara R. Grossman, Nicola M. Shields

SMU Law Review

No abstract provided.

Employment And Labor Law, Earl M. Jones Iii, Eduardo F. Cuaderes, Jennifer A. Youpa

SMU Law Review

No abstract provided.

Education Law, Richard Abernathy, Marianna M. Mcgowan

SMU Law Review

No abstract provided.

Oil, Gas And Mineral Law, Richard F. Brown

SMU Law Review

No abstract provided.

Cyber Charter Schools - An Analysis Of Their Legality, Kathryn Kraft

SMU Law Review

No abstract provided.

Trick Play: Are The Ncaa's New Division I-A Requirements An Illegal Boycott, Christopher B. Norris

SMU Law Review

No abstract provided.

Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú

Faculty Articles

The justifications for strict products liability and other cases of strict liability in torts are different and distinct. The United States judiciary has limited strict liability in tort law to seven distinct scenarios: (1) animals that are trespassing, are domesticated but vicious, or are wild by nature; (2) fact situations involving ultra-hazardous activities; (3) nuisance; (4) misrepresentation; (5) vicarious liability; (6) defamation; or (7) a workman’s compensation statute.

Strict liability is imposed for harm caused by animals capable of inflicting extensive harm. It also justifies liability for ultra-hazardous activities on the basis that an individual undertakes an activity that is …

Erisa: A Co-Fiduciary Has No Right To Contribution And Indemnity, George Lee Flint Jr, Philip W. Moore Jr

Faculty Articles

Because retirement plans involve large amounts of money, large numbers of people, and fiduciaries with conflicts of interests, Congress designed ERISA to differ from traditional trust law to meet these specific needs and important policy concerns. Before ERISA, fiduciaries and employers often manipulated lack of oversight and conflict of interests to the detriment of the beneficiaries. ERISA raised the standards owed by fiduciaries and established a policing system that required professional fiduciaries to monitor non-professional fiduciaries, thereby forcing non-professional fiduciaries to leave the field or seek expert advice. These provisions created co-fiduciary liability by imputing the liability of the co-fiduciary …

Secured Transaction History: The Impact Of English Smuggling On The Chattel Mortgage Acts In The Spanish Borderlands, George Lee Flint Jr, Marie Juliet Alfaro

Faculty Articles

Spanish colonies, including the territories of Florida, Louisiana, and southwestern America, acknowledged the jurisdiction of Spanish royal decrees. The colonies approached the registration of mortgages in a similar but more tentative fashion, recognizing the distances between the borderlands and the registrar’s offices. The law developed differently in Florida and Louisiana, which were administered by a different governmental body. While the registration process was required for chattel mortgages on slaves, there is no evidence the rules were enforced or applied to other types of mortgages on personalty. However, in 1770, Louisiana adopted a filing requirement for chattel mortgages for all slaves …

The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp

Faculty Articles

No abstract provided.

Legal Obstacles To Bringing The Twenty-First Century In The Classroom: Stop Being Creative, You May Already Be In Trouble, Andre Hampton

Faculty Articles

There are unimaginable benefits available if legal educators can bring the law classroom into the twenty-first century through the use of popular media and celebrities in their teaching. With the introduction of “pop culture,” the professor can permanently alter the student's view of the course material. Bringing pop culture into the classroom will make the course material more relevant to our students’ lives outside the classroom. This will enhance both their willingness and their ability to master legal concepts.

There are two major obstacles to bringing pop culture into the classroom. The initial major obstacle is the Copyright Act of …

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas

Faculty Articles

A comparative analysis of electronic contract formation law in the United States, Mexico, and the international arena is necessary to understand the evolution and future of electronic contracting. Using new communication technologies, such as developmental instruments of electronic commerce, has clear benefits, but also brings risks and uncertainties to electronic contracting. Although modern laws tend toward uniformity in modern transactions, certain aspects may still cause controversy. In purely electronic transactions, the most important legal determination concerns the establishment of an offer and an acceptance, memorialized through electronic messages absent written documentation and the human intervention of an automatic exchange. Consequently, …

Law School Branding And The Future Of Legal Education, Michael S. Ariens

Faculty Articles

It is too early to determine if law school branding will have a positive or a negative effect on legal education. A recent shift in legal education has led law schools to consciously brand themselves, claiming an educational distinctiveness in selling their services to consumers. Branding is an attempt to create a desire in targeted prospective students to join the branded law school. Although a law school may brand itself by claiming it delivers an excellent legal education, branding is about distinctiveness, not quality. Law schools have used a number of approaches to attract students, including aggressive marketing of a …

An In-Vitro Comparison Of The Retention Of Prefabricated Parallel-Sided Vented Titanium Posts Cemented With Three Different Dual-Polymerizable Resin Cements, Maha Mamdouh Mostafa El-Sayed

Theses and Dissertations

AbstractAN IN-VITRO COMPARISON OF THE RETENTION OF PREFABRICATED PARALLEL-SIDED VENTED TITANIUM POSTS CEMENTED WITH THREE DIFFERENT DUAL-POLYMERIZABLE RESIN CEMENTSBy Maha M. El-Sayed, B.D.S., D.M.D.A Thesis submitted in partial fulfillment of the requirements for the degree of Master of Science at Virginia Commonwealth University.Virginia Commonwealth University, 2003Thesis Director: David R. Burns, D.M.D. Associate Professor and Program DirectorGraduate ProsthodonticsDepartment of ProsthodonticsPurpose: The purpose of this in-vitro study was to compare the retentive strength of an autopolymerizing resin cement to three dual-polymerizable resin cements when used to cement paraposts without light activation and to relate diametral tensile stress and hardness as a measure …

Measurement Of Forces And Moments In Three-Dimensional Archwires, Dwight Van Buelow

Theses and Dissertations

AbstractMEASUREMENT OF FORCES AND MOMENTS IN THREE-DIMENSIONAL ARCHWIRESBy Dwight V. Buelow, D.D.S.A thesis submitted in partial fulfillment of the requirements for the degree of Master of Science at Virginia Commonwealth University.Virginia Commonwealth University, 2003Major Director: Steven J. Lindauer, D.M.D., M.D.Sc.Chairman and Professor, Department of OrthodonticsOrthodontic tooth movement occurs in response to the application of controlled mechanical force systems. The purpose of this study was to improve understanding of those force systems by evaluating differences between the resultants of two-dimensional and three-dimensional orthodontic appliance activations. An in-vitro model was constructed and three force-moment gauges were used to measure the forces and …

Searching For The Impossible Dream, Staging The Impossible Script, Timothy A. Brien

Theses and Dissertations

This thesis is an exploration of the novella The Malady of Death by Marguerite Duras and my subsequent production of this book. It covers Duras' history and influences in writing this book while at the same time gives an account of all my directorial attempts with this piece. With regards to Duras, the influence of the nouveau roman writers in the mid twentieth century and her relationship at the time of her writing Malady is discussed. For my part, I divulge my initial exposure to the piece, the previous attempts to stage the work, my latest attempt with extensive research, …

Resonance Two Photon Ionization Study Of Binary Clusters Of Styrene With Polar Molecules, Hatem Ahmed Mahmoud

Theses and Dissertations

One-color resonance two-photo ionization (R2PI) spectra of mixed clusters of styrene molecule (S) with polar molecules [water (W), methanol (M), ethanol (E), and trifuoroethanol (T)] were measured through the S1←S0 transition of the styrene molecule. The spectra reveal a rapid increase in complexity with the number of polar molecules in the cluster, associated with van der Waal modes and isomeric forms. The spectral shifts of the cluster origins from the S1-S0 transition of the bare styrene molecule reflect the nature of the intermolecular interactions within the binary clusters. The obtained R2PI spectra xv were compared with the spectra of the …

The Generation Of Forms And Thai Typeface Design, Pornprapha Phatanateacha

Theses and Dissertations

Changes in culture, design, fashion and lifestyle are very common for a developing country such as Thailand. Losing the identity and significant quality of Thai culture is the biggest concern in this rapid movement in Thai society. The biggest challenge is to preserve the existing culture within the development in the society. These problems within the rapid change not only affect Thai lifestyle and fashion but also Thai graphic design. There is a trend in poster design, advertising, and packaging to follow Western design. That influence suggests that Thai design follow a Western model in order to be as successful. …

Parental Reports Of The Development Of Autism In Their Children: The Relevance Of Regression, Comorbidity, And Genetics In The Detection Ofearly Characteristics, Robin Page Goin

Theses and Dissertations

Early detection of autism plays an important role in enhancing developmental outcomes for affected children. Identifying potential characteristics of the disorder evident during infancy and toddlerhood aids efforts to screen for such symptoms, which may lead to earlier and more accurate diagnoses; however, it is unclear to what extent certain factors encourage or impede early detection. Because parents are responsible for making decisions on behalf of their children based upon their perceptions of children's developmental progression, caregivers were queried in terms of their beliefs about the development of autism characteristics in their children. Participants included 393 caregivers of children with …

Effects Of Domestic Violence Exposure In Colombian Adolescents: Pathways To Violent And Prosocial Behavior, Roberto Mejia

Theses and Dissertations

A multidimensional model of associations between domestic violence exposure and risk of violence and prosocial behavior was tested in a sample of Colombian adolescents, with attention to impulsivity and substance use problems as mediators of these associations. A representative sample of 1,152 school youths and a convenience group of 148 juvenile offenders aged 11-19 years was recruited from Medellin, the second largest city in this South American country. Assessment was carried out in classrooms in the school sample and in correctional institutions for juvenile offenders. Structural Equation Modeling (SEM) was utilized to test the conceptually derived models. Similarly, multisample analyses …

Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld

Articles

A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …

Ellman's "Why Making Family Law Is Hard": Additional Reflections, Robert Levy

Articles

Not the least of the pleasures of membership in this distinguished group invited to praise Ira Ellman was the opportunity it gave me to renew old and dear friendships with Arizona State faculty members and their spouses, to come back to the scene of my "adjunct visitor" gig last year, to see once again an effective dean whom I greatly admire. More important, the occasion allows me to praise publicly a scholar whose creative thinking, academic writing, legislative drafting and public performances as Reporter for the American Law Institute's Principles of the Law of Family Dissolution I have long respected.

Encouraging Adolescents Toward Mental Health Careers Via Website Biographies, Irmi U. Willcockson, Prabhu R. Shankar, Cynthia L. Phelps, Craig W. Johnson

Faculty, Staff and Student Publications

This project designed, developed, implemented and is currently evaluating the effectiveness of an interactive, multi-media website designed to encourage adolescents to consider careers in mental health. This Web-based learning environment features biographies of mental health scientists. Evaluation is conducted in a systematic, structured way using cognitive achievement, usability (ease of use), and affective scales (e.g., fun to use) as outcome measures

Rigorously Assessing Whether The Data Backs The Back School, David T. Vinh, Craig W. Johnson, Cynthia L. Phelps

Faculty, Staff and Student Publications

A rigorous between-subjects methodology employing independent random samples and having broad clinical applicability was designed and implemented to evaluate the effectiveness of back safety and patient transfer training interventions for both hospital nurses and nursing assistants. Effects upon self-efficacy, cognitive, and affective measures are assessed for each of three back safety procedures. The design solves the problem of obtaining randomly assigned independent controls where all experimental subjects must participate in the training interventions.