Digital Commons Network^™

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.

Dramatic Decreases In Clarity: Using The Penn Central Analysis To Solve The Tahoe-Sierra Controversy, Dana Larkin

San Diego Law Review

This Comment discusses the issues and confusion regarding regulatory takings and the proper test for establishing a regulatory taking. The author starts by discussing the traditional ad hoc factors used to determine whether a taking had occurred. The author then discusses how these factors formed the basis of the three-factor test used in Penn Central Transportation Co. v. New York City. Next, the author explains the controversial area of temporary development moratoria and how this issue has been dealt with in the Lake Tahoe Basin of California . He suggests that the plaintiff's in Tahoe-Sierra Preservation Council, Inc. v. Tahoe …

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.

Hand Rule Damages For Incompensable Losses, Robert Cooter

San Diego Law Review

Courts should develop theory and practice of damages for incompensable losses based on the response of reasonable people to daily risks. Specifically, courts should compute damages based on the reasonable person's point of indifference between less risk and more expenditure on precaution. The Hand rule describes this point of indifference.

Compensation: Justice Or Revenge?, Kenneth W. Simons

San Diego Law Review

This Article will suggest that nonconsequentialist accounts of tort doctrine have much more explanatory power than she suggests and that the supposed fact that many tort victims act from vengeful motives has less. At the same time, her revenge interpretation does have value in illuminating some aspects of tort doctrine.

The Grounds And Extent Of Legal Responsibility, Richard W. Wright

San Diego Law Review

To question that is the title of this symposium, What Do Compensatory Damages Compensate?, requires consideration of the basic grounds and purposes of legal responsibility. The question is usefully brought into sharper focus by the specific questions and puzzles posed to the contributors to stimulate thought and discussion.

Compensation And Revenge, Emily Sherwin

San Diego Law Review

Compensation is one of the least controversial goals of law; compensating for harms is assumed to be both efficient and morally praiseworthy. I shall argue that the moral component of this assumption needs refinement. Some of the features of legal remedies that pass as compensatory suggest that pursuit of compensation is not entirely virtuous.

A Pertinent Message For Today From Key Constitutional And Administrative Rulings Of Yesterday, Victor G. Rosenblum

San Diego Law Review

This Article discusses the United States' commitment to constitutional governance and the accountability of power and specifically the judiciary's obligation to protect civil liberties from excessive governmental intrusion during times of war. The author begins by describing Chief Justice Rehnquist's 1998 book All the Laws But One: Civil Liberties in Wartime, in which the Chief Justice predicts and suggests that during times of war, courts should bypass judicial principles that traditionally have protected individuals against excessive government intrusion. The author argues that the United States government must demonstrate self-control whether at war or peace. He supports his argument by exploring …

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.

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?

Evolving Standards Of Decency: Cracks In The Foundation, Denise Leboeuf

University of Dayton Law Review

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

The Death Penalty Experiment: The Facts Behind The Conclusions, Eugene Droder Iii

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.

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.

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 …

Determinants Of Balance Confidence In Community-Dwelling Elderly People, Janine Hatch, Kathleen M. Gill-Body, Leslie G. Portney

All PTHMS Faculty Publications

Background and Purpose. The fear of falling can have detrimental effects on physical function in the elderly population, but the relationship between a persons' confidence in the ability to maintain balance and actual balance ability and functional mobility is not known. The extent to which balance confidence can be explained by balance performance, functional mobility, and sociodemographic, psychosocial, and health-related factors was the focus of this study.

Subjects. The subjects were 50 community-dwelling elderly people, aged 65 to 95 years (X̄=81.7, SD=6.7).

Methods. Balance was measured using the Berg Balance Scale. Functional mobility was measured using the Timed Up & …

Cultural Commentary: Worth The Effort, William C. Levin

Bridgewater Review

No abstract provided.

Tenth Anniversary Of The Supreme Court's Decision In Daubert V. Merrell Dow Pharmaceuticals, Inc.: The Respective Roles Of Trial And Appellate Courts In Daubert-Kumho Rulings, Hon. John J. Gibbons

Seton Hall Law Review

No abstract provided.

A Systemic Investigation: Developing A Guide To North Dakota Legal Research For The Educator And Citizen, Rhonda R. Schwartz

Theses and Dissertations

Educators and citizens in North Dakota often need to research North Dakota law. They need to research primary authority materials (e.g., the North Dakota Constitution, the North Dakota Supreme Court opinions, the North Dakota Century Code, the North Dakota Administrative Code). Educators and citizens also need to utilize secondary authority materials that help them locate, update, explain or interpret the law (e.g., digests, citators, law reviews or treatises). There is no guide for North Dakota legal research materials that serves to help the educator or citizen in these research efforts.

The following methodology was used to produce a guide for …