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.

Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff

Mercer Law Review

Extra-contractual issues continue to percolate in the insurance arena. The Georgia Supreme Court resettled the law enforcing contractual suit limitations and created a "safe harbor" for an insurer faced with demands conditioned on terms beyond an insurer's control. The Supreme Court of the United States, in reversing a nine-digit punitive award, laid down "bright-line," conservative rules regulating punitive considerations in extra-contractual and other situations.

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.

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.

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.

Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick

Faculty Publications

The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and …

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.

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.

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.

Participants' Perceptions Of The Childcare Subsidy System, Sue Pearlmutter, Elizabeth E. Bartle

The Journal of Sociology & Social Welfare

This paper presents a focus group study of perceptions of cash assistance participants in Cuyahoga County, Ohio and the San Fernando Valley in California regarding childcare subsidy use, choices of care, and perceptions of quality. TANF participants discuss experiences in the subsidy system and indicate needs and preferences for childcare. Advocates, policy makers, and parents recognize the need for suitable childcare so that TANF recipients can go to work. However, discussants' comments demonstrate one result of a changing, but not yet changed, social safety net. The authors explore strategies to address participants' concerns-childcare systems that neither function as promised, nor …

Delinquent Recidivism And Diversion From Formal Juvenile Court Proceedings: A Cognitive Restructuring Approach, Robert James Amos Jr.

Theses and Dissertations

This thesis takes a deductive approach by formulating and testing hypotheses, derived via theoretical proposition. A history of juvenile delinquency, delinquency intervention and development of the juvenile court is also presented and discussed. Social control theory is the main perspective in this study. Social learning theory is also a relevant perspective in this thesis.

Literature in this thesis indicates delinquent intervention has failed to reduce recidivism throughout history. A more effective form of intervention needs to implemented and examined pertaining to the influence of juvenile delinquency recidivism reduction Cognitive restructuring is a popular form of intervention today, which is assumed …

Writing About The Most Meaningful Life Experience: Implications For Subjective Well-Being, Napoleon Andriopulos

Theses and Dissertations

This research investigation examined the influence of writing about the most meaningful life experience (MMLE) on the participants’ subjective weli-being (SWB) using a variation of Pennebaker’s expressive writing paradigm. Participants were 5:T undergraduate students enrolled at the University of North Dakota who were randomly assigned to one of two conditions (a) MMLE gu up: write about the MMLE, or (b) control topic: write about your plans for the day. Participants completed a consent form, demographic questionnaire, Nelson-Denny Reading Test (NDRT), Satisfaction with Life Scale (SWLS), and Positive Affect Negative Affect Scale (PmNAS). Participants then wrote about an assigned topic for …

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 …

Testing Field Marks Of Adult Dowitchers In Ohio: The Testimony Of Specimens, Bill Whan

Ohio Cardinal

No abstract provided.

On Fire And Desire: Some Aspects Of Ignatian Spirituality For Our Times, Agbonkhianmeghe E. Orobator

Theology Faculty Research and Publications

No abstract provided.

Full Issue, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

Developing Efficient Technique In Beginning Piano Students, Fen-Fang Chen

Electronic Theses and Dissertations

No abstract provided.