Digital Commons Network^™

Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole

Mercer Law Review

In reading over 900 cases in criminal law and criminal procedure during the survey period, the fact that courts find the time to carefully analyze the allegations of error in each case is striking. The difference in the quality of the courts' work is especially striking when compared to the courts of twenty years ago.

Several themes emerge after reading these cases. The first theme is the number of specious arguments raised on appeal. This is due, in large part, to the Georgia Supreme Court's opinion in Huguley v. State in which the court disapproved Anders motions and forced attorneys …

Death Penalty Law, Michael Mears, Holly Geerdes

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2002 through May 31, 2003.' The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four recent decisions of the Supreme Court of the United States are included

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Fourteen of the domestic relations appellate cases decided during the survey period' are digested here. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the appropriate appellate court's permission to file an appeal. As part of a pilot project, the Georgia Supreme Court announced it would accept all "non-frivolous" applications filed in domestic relations cases during the calendar year 2003. The pilot project does not include cases that would be appealed first to the court …

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2002 to May 31, 2003. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Between June 1, 2002, and June 1, 2003, the Georgia Court of Appeals and the Georgia Supreme Court decided over two hundred cases concerning legal ethics. Those cases included disciplinary cases against lawyers, bar admission matters, claims of ineffective assistance of counsel in criminal cases, judicial discipline and disqualification, and several miscellaneous matters involving clients and lawyers. In addition, the United States Court of Appeals for the Eleventh Circuit decided one significant case involving judicial elections in Georgia.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

After an attorney's bill of more than $600 for February, the town council passed a law Tuesday that limits the ability of the mayor and city clerk to call the attorney. The mayor and clerk were criticized for contacting the town attorney to answer what one council member called "useless questions . . . ." The solution was a new town law requiring that if the mayor, council member, or clerk need to discuss a town issue with the attorney, the mayor and at least three council members must approve the question before the call.

Generally, a little knowledge is …

Real Property, Linda S. Finley, Scott H. Michalove, James S. Trieschmann Jr.

Mercer Law Review

This Article discusses case law and legislative developments in Georgia real property law during the current survey period. Since the last survey period, a stringent predatory lending law has come and gone, and the courts have decided numerous cases with real property issues. Not every case decided nor every statute enacted can be discussed. The cases and legislation discussed below were chosen for their significance to real property law and their significance to any attorney who either regularly, or from time to time, practices in the field of real property.

Trial Practice And Procedure, Jason Crawford, Matthew E. Cook, J. Clay Fuller, Michael A. Eddings, Dustin T. Brown

Mercer Law Review

This survey period yielded several decisions of interest and importance to practitioners trying cases and preparing for trial. This Article will analyze the recent judicial developments in the law relating to evidence, insurance, jurors and jury instructions, professional liability, service of process, and damages, as well as other issues of import to the trial practitioner.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion H. Martin

Mercer Law Review

No abstract provided.

Summary Of Selected Post-Enactment Living Wage Studies : Prepared For Hillsborough County Department Of Health And Social Services By The Center For Economic Development Research, College Of Business Administration, University Of South Florida, University Of South Florida. Center For Economic Development Research, Hillsborough County. Department Of Health And Social Services

College of Business Publications

No abstract provided.

Are American Schools Facing A Shortage Of Qualified Administrators?, Gregory Hine

Journal of Catholic Education

Anecdotal evidence abounds regarding the shortage of principals to lead schools. Sustained attention to the research on recruitment and retention of principals reveals a fascinating development: Ample numbers of teachers have completed administrative licensure requirements and hold the credentials necessary to assume a principalship; however, few wish to apply for the position.

Improving Economic Literacy: The Role Of Concurrent Enrollment Programs, Donald H. Dutkowsky, Jerry M. Evensky, Gerald S. Edmonds

Economics - All Scholarship

This paper introduces Concurrent Enrollment Programs (CEPs), within the context of Syracuse University Project Advance (PA) Economics, as a way to improve economic literacy. We describe measures implemented to operate PA Economics as a high-quality CEP, as well as the National Alliance of Concurrent Education Partnerships to establish national standards. This study also contains results from administering to high school students taking PA Economics the nationally normed Test of Economic Literacy (TEL). PA students average nearly one percentage point higher than the AP/Honors Economics Group, and score considerably better than AP/Honors Economics in fundamentals and international economics. By cognitive level, …

Rituals Transforming Cultures, Cultures Transforming Rituals: Tea Importers' Headquarters + Interactive Tea Museum, Todd Rubin

Architecture Thesis Prep

Throughout tea's history, rituals have developed ranging from strictly obeying principles in Japanese tea ceremonies to loosely interpreting principles of tea such as drinking a bottle of iced tea in America. Locating a program to explore the historic, cultural, and political connotations of Boston, in its Inner Harbor, tea can be culturally transformed through a process of an interactive museum in conjunction with the headquarters for a tea importing company, which will explore cultural and ritual issues of tea. This exploration will further enhance these transformations of cultures and rituals that exist with the ever changing life of tea.

Harm, History, And Counterfactuals, Stephen Perry

San Diego Law Review

In this Article I undertake a very preliminary inquiry into some aspects of the concept of harm. My excuse for doing so in a symposium on compensation is that, in private law and particularly in tort law, an award of damages is often intended to compensate for harm; if we do not know something about the nature of harm, we cannot fully understand the nature of at least this type of compensation.

Yeast Oxa1 Interacts With Mitochondrial Ribosomes: The Importance Of The C‐Terminal Region Of Oxa1, Lixia Jia, Mary Kathryn Dienhart, Mark Schramp, Matthew Mccauley, Kai Hell, Rosemary A. Stuart

Biological Sciences Faculty Research and Publications

The yeast mitochondrial Oxa1 protein is a member of the conserved Oxa1/YidC/Alb3 protein family involved in the membrane insertion of proteins. Oxa1 mediates the insertion of proteins (nuclearly and mitochondrially encoded) into the inner membrane. The mitochondrially encoded substrates interact directly with Oxa1 during their synthesis as nascent chains and in a manner that is supported by the associated ribosome. We have investigated if the Oxa1 complex interacts with the mitochondrial ribosome. Evidence to support a physical association between Oxa1 and the large ribosomal subunit is presented. Our data indicate that the matrix‐exposed C‐terminal region of Oxa1 plays an important …

Library Support For Faculty Research, Margaret A. Leary

Articles

This article, aimed at faculty rather than librarians, explains the genesis, purpose, and present methods by which the University of Michigan Law Library provides research service and document delivery to the law school faculty, and describes the benefits to the entire law school community. I hope to inspire other law schools to develop similar programs.

Genetic Locus And Structural Characterization Of The Biochemical Defect In The O-Antigenic Polysaccharide Of The Symbiotically Deficient Rhizobium Etli Mutant, Ce166, Lennart Scott Forsberg, K. Dale Noel, Jodie M. Box, Russell W. Carlson

Biological Sciences Faculty Research and Publications

The O-antigen polysaccharide (OPS) of Rhizobium etli CE3 lipopolysaccharide (LPS) is linked to the core oligosaccharide via an N-acetylquinovosaminosyl (QuiNAc) residue. A mutant of CE3, CE166, produces LPS with reduced amounts of OPS, and a suppressed mutant, CE166α, produces LPS with nearly normal OPS levels. Both mutants are deficient in QuiNAc production. Characterization of OPS from CE166 and CE166α showed that QuiNAc was replaced by its 4-keto derivative, 2-acetamido-2,6-dideoxyhexosyl-4-ulose. The identity of this residue was determined by NMR and mass spectrometry, and by gas chromatography-mass spectrometry analysis of its 2-acetamido-4-deutero-2,6-dideoxyhexosyl derivatives produced by reduction of the 4-keto group using …

Dynamic Modeling Of Compliant Constant-Force Compression Mechanisms, Cameron Boyle, Larry L. Howell, Spencer P. Magleby, Mark S. Evans

Faculty Publications

A mathematical dynamic model is derived for compliant, constant-force compression-mechanisms, based on the pseudo-rigid-body model simplification of the device. The compliant constant-force compression mechanism (CFCM) is a slider mechanism incorporating large-deflection beams, which outputs near-constant-force across the range of its designed deflection. The equation of motion is successfully calibrated with empirical data from five separate mechanisms, comprising two basic configurations of CFCMs. The dynamic equation is derived from a generalized pseudo-rigid-body model. This allows every configuration to be represented by the same model, so a separate treatment is not required for each configuration. An unexpected dynamic trait of the constant-force …

Using Spreadsheets In Geoscience Education: Survey And Annotated Bibliography Of Articles In The Journal Of Geoscience Education Through 2003, Beth Fratesi, H. L. Vacher

School of Geosciences Faculty and Staff Publications

Thirty-eight papers published in the Journal of Geoscience Education ( JGE) from 1989 through 2003 explicitly use or recommend the use of spreadsheets as part of classroom or field exercises, projects, or entire courses. Many of the papers include the spreadsheets, and some include the equations. The papers demonstrate how spreadsheets allow students to explore a subject through problem-oriented, interactive, and quantitative exercises. We provide an annotated bibliography and classify the 38 JGE papers by spreadsheet use, mathematics skill area, and geologic subdiscipline. Our discussion of five selected articles — abundance of elements in the Earth’s crust; directional properties of …

Capital Punishment And The Citizens Of Ohio, John Murphy

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Retribution And The Death Penalty, Andrew Oldenquist

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Death Is Different: An Essay Considering The Propriety Of Utilizing Foreign Case Law In Eighth Amendment Jurisprudence, Joseph Brossart

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Pedro Casanto’S Nightmares: Lucid Dreaming In Amazonia And The New Age Movement, Fernando Santos-Granero

Tipití: Journal of the Society for the Anthropology of Lowland South America

Taking as a point of departure the recurring nightmares of a Yanesha boy, the author examines the dream theories and practices of Yanesha people of Peruvian Amazonia.  Particular emphasis is placed on the conscious manipulation of actions taking place in nightmares. This practice, common to many indigenous peoples throughout the world, has become known in Western tradition as “lucid dreaming.” The author explores how New Age thinkers and entrepreneurs have adopted this and other connected indigenous dream practices by means of “simulation,” a mode of appropriating the magic of  “Others” that, in the context of globalized neocolonial encounters, appears as …

Families Of The Forest: The Matsigenka Indians Of The Peruvian Amazon, Gerald Weiss

Tipití: Journal of the Society for the Anthropology of Lowland South America

Book review of Families of the Forest: The Matsigenka Indians of the Peruvian Amazon. AllenJohnson. Berkeley: University of California Press, 2003. xvii + 258 pp.,maps, tables, figures, glossary, references, index. ISBN 0-520-23242-9.

A Fresh Look At Amazon Indians: Karl Von Den Steinen And Curt Nimuendajú, Giants Of Brazilian Anthropology, John Hemming

Tipití: Journal of the Society for the Anthropology of Lowland South America

This essay examines two German anthropologists who changed the style of Brazilian anthropology.   Karl von den Steinen made first contact with eight peoples of the upper Xingu in the 1880s.  His anthropological observations were accurate and valuable, and he was the first to describe indigenous people as individual human beings.   Curt Nimuendajú also had no formal training, but was on an anthropological or archaeological expedition every year between 1905–1945, produced a prodigious volume of writing, studied shattered tribal remnants as well as newly contacted peoples, and was a pioneer in championing indigenous rights.   Both were seminal figures in the study …

The Indians And Brazil, Debra S. Picchi

Tipití: Journal of the Society for the Anthropology of Lowland South America

Book review of The Indians and Brazil. Mercio Pereira Gomes. Translated by John W. Moon. Gainesville: University Press of Florida, 2000. xvi + 300 pp., notes, appendices, bibliography. ISBN 0-8130-1720-3.

Kayapó Ethnoecology And Culture, Warren M. Hern

Tipití: Journal of the Society for the Anthropology of Lowland South America

Book review of Kayapó Ethnoecology and Culture. Darrel A. Posey (Kristina Plenderleith, editor). New York: Routledge, 2002. xviii + 285 pp., figures, tables, foreword, glossary, index. ISBN 0-415-27791-4.

The Brazilian People: The Formation And Meaning Of Brazil, William Balee

Tipití: Journal of the Society for the Anthropology of Lowland South America

Book review of The Brazilian People: The Formation and Meaning of Brazil. Darcy Ribeiro. Gregory Rabassa (transl.). Gainesville, FL: University Press of Florida,2000. xviii + 332 pp., bibliography. $34.95 (cloth). ISBN 0-8130-1777-7.

Organizational Factors Contributing To Worker Frustration: The Precursor To Burnout, Cathleen A. Lewandowski

The Journal of Sociology & Social Welfare

This study examined the organizationalf actors that contribute to workers' frustration with their work situation. The sample included 141 service professionals who attended workshops on burnout in 2001. The purpose of the workshops was to increase awareness regarding the organizational factors that could contribute to burnout. Findings indicate that factors most directly affecting clients were predictive of frustration, rather than factors that may indirectly support service quality or factors impacting workers' professional autonomy. A sense of powerlessness and isolation was also predictive of frustration, suggesting that participants viewed workplace problems as a private rather than an organizational concern. To address …