Digital Commons Network^™

Proving Copyright Infringement: Will Striking Similarity Make Your Case, Sean Robert Higgins

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sign Of The Times: Massachusetts' Need To Amend State Law Against On-Line Predators, Courtney-Elizabeth Mayo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Internal Revenue, John T. Mcinnes

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

New Kid On The Block: The Alwd Citation Manual, Wanda M. Temm

Faculty Works

No abstract provided.

The Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt

Faculty Works

For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline, governance, and policy. The unique contribution martial law has made to our country's dedication to the rule of law is a heritage worth celebrating. The purpose of this essay is to discuss this heritage so that one may appreciate the current state of the practice of military law. It includes an exploration of the theoretical conflict between law and armed force; …

Gprady, William K. Black

Faculty Works

No abstract provided.

Table Of Contents-Issue 2, Mc Law

MC Law Review

Table of Contents - Issue 2

Determining If Two Solid Ellipsoids Intersect, Salvatore Alfano, Meredith L. Greer

All Faculty Scholarship

An analytical method is presented for determining if two ellipsoids share the same volume. The formulation involves adding an extra dimension to the solutions space and examining eignevalues that are associated with degenerate quadric surfaces. The eigenvalue behavior is characterized and then demonstrated with an example. The same method is also used to determine if two ellipsoids appear to share the same projected area based on an observer's viewing angle. The following approach yields direct results without approximation, iteration, or any form of numerical search. It is computationally efficient in the sense that no dimensional distortions, coordinate rotations, transformations, or …

Stopping The Enron End-Runs And Other Trick Plays: The Book-Tax Accounting Conformity Defense, Anthony J. Luppino

Faculty Works

In accounting for business transactions in the United States, it has long been the case that keeping two different sets of books (one for financial reporting and one for income tax reporting) is 'generally accepted.' A company can often effect a transaction that in economic substance begins at 'point A' and ends at 'point B,' but account for the path taken in one manner in its financial statements and in a markedly different manner in the company's income tax returns.

Three prominent examples of this accounting divergence that have become subject to public scrutiny are: 'synthetic leases' of real estate …

Archaeology And The Changing View Of Custer's Last Stand, Nick Reonas

The Corinthian

On August 9, a grass fire burned one hundred acres of land north of the Little Bighorn Battlefield before being contained. Overnight, the wind kicked up smoldering embers east of the Calhoun Hill area of the battlefield, and the fire spread quickly. Park rangers and employees saved the visitor center and National Cemetery, but the rest of the battlefield was scorched. This could have been a disaster, but James Court, superintendent of what was then known as Custer National Monument, saw the potential presented by the lack of brush and grass, which before the fire had grown so thick on …

Breast Screening Outreach Education For Rural, Indigent Women, Stephanie Welch Rnc, Laurie Johnson Bsn, Holly Gore Bsn, Katie Cravey Bsn, Susan Blick Bsn

The Corinthian

Few research articles are available in the literature regarding the outcomes of interventions involving education about breast health in a health fair environment coupled with one-on-one teaching of the Mammacare, metl1od of breast examination. If women's compliance with breat self-examination could be increased and their perc_ eption about breast screening could be changed by such an interven? 0n, health care providers could have a valuable tool for reducing tl1e ll1cidence of breast cancer mortality in at-risk populations.

The Effect Of Preschool Attendance On The First Grade Readiness Skills Of Kindergarten Students, Mary Dell Fish

The Corinthian

The purpose of this study was to investigate the effect of attending preschool on the first grade readiness skills of kindergarten students at Jasper County Primary School (JCPS ). Preschool was defined as a structured education program that serves children under school age. The Georgia Kindergarten Assessment ProgramRevised ( GKAP-R)( 1996) was used to determine academic achievement.

Pruning Mr. Wilson's Hedges: The Link Between Woodrow Wilson And George W. Bush, Joseph P. Richards

The Corinthian

This paper seeks to show that a connection exists between President George W. Bush's rhetoric sending America into war with Iraq and the rhetoric used by President Woodrow Wilson which led to America's entrance into World War I. The paper is broken into two major sections: the first is an analysis of Woodrow Wilson's 1917 address to Congress seeking a declaration of war against Germany. The remainder of the paper is dedicated to beginning the establishment of a link between Wilson's rhetoric during World War I and President Bush's rhetoric which drew America into war with Iraq.

Governmental & Accounting Profession Changes Implemented In An Attempt To Prevent Another Major "Enron Type" Corporate Collapse, Emily Dennie

The Corinthian

One thing that remains constant through the Enron collapse and subsequent investigation is the resolve of the Securities and Exchange Commission (SEC) and the accounting profession to assure the public that they are taking the appropriate measures to avoid a situation like this in the future. Since the SEC released its intent to investigate Enron, in October 2001, both the SEC and the American Institute of Certified Public Accountants (AI CPA) have made and implemented many changes including four new Statements on Auditing Standards (SASs) and at least two new programs. Of the four new standards, only SAS No. 99 …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison

Cleveland State Law Review

This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …

Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok

Cleveland State Law Review

This Note will show that nursing home tort reform statutes, like Ohio's, have totally missed the mark by disregarding our elders' rights and ignoring the problem of abuse and neglect in nursing facilities. Part II of this Note will look at our nation's elderly population and the poor state of our country's nursing homes. Part III will briefly look at Florida's lawsuit reform act that was passed in May of 2001. Florida, with its large elderly population, was plagued by increasing insurance costs allegedly due to rising litigation and damage awards. Its new law, which has led to strict reductions …

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec

Cleveland State Law Review

The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …

The George A. Leet Business Law Symposium: The Role Of Lawyers In Strategic Alliances - Introduction, George W. Dent

Faculty Publications

Introducation to The George A. Leet Business Law Symposium: The Role of Lawyers in Strategic Alliances, Cleveland, Ohio.

The Art Or Non-Art Of Writing, Eric Ward, Megan Melancon

The Corinthian

The science of graphology ( the study and analysis of handwriting) has traditionally been applied to delineate personality traits. Some of the results have been invalidated, although we believe the field can be expanded into broader categories. Specifically, this study analyzes the handwriting of "artistic" and "non-artistic" subjects. Our working hypothesis (with results still being compiled) is that our "artistic" informants will display a less formal type of handwriting compared to our "non-artistic" informants.

Measuring The Pore Sizes Of Sol-Gels Using Argon Effusion Techniques, Thomas J. Noel Ii, Krista Mincey, Catrena Higginbotham

The Corinthian

The rate of effusion of argon through a sol-gel scaffold will be measured to determine the size of the pores. The effusion rate will then be used to correlate initial pore size to any pore shrinkage that occurs. We will attempt to control the initial pore size by using various-sized paraffin beads as templates throughout the organically modified tetramethoxysilane (TMOS) gel scaffold. Polyethylene glycol (PEG) will also be used to prop open the pore openings and keep them from closing during the drying process.

Low-Flow Helmholtz Resonator For Molar Mass Detection, Brackman Amy, Amanda Kea, Kenneth Mcgill

The Corinthian

A simple apparatus was constructed for an undergraduate physical chemistry laboratory to determine a mathematical model of wavelike motion. The apparatus was assembled by attaching an airflow valve connected to a tank of argon gas to a GC column, thus creating regulated airflow. The air was manipulated to gently flow over a small sensitive microphone that was attached to an inexpensive resonator. A model will be developed to measure the speed of sound that will lead to the measurement of the molar mass.

In The Person Of Mankind Attempting To Depict Womanhood, Jessica Sedor

The Corinthian

Ben Jonson was by no means a minor character of the early seventeenth century. His writings ranged from plays like Sejanus and Every Man in His Humor to poems like "Song: To Celia" and "To the Memory of My Beloved", "The Author", "Mr. William Shakespeare", and "What He Hath Left Us." He was bold in his attempts. As a result, while many of his works are extremely popular, there are several that proved to be not so successful. Jonson's attempt at speaking as a woman in his "In the Person of Womankind (In Defense of their Inconstancy)" is one example. …

Increased Risk Of Cervical Canal Infections With Intracervical Foley Catheter, S Siddiqui, Nf Zuberi, Afia Zafar, Rn Qureshi

Department of Obstetrics & Gynaecology

OBJECTIVE: To evaluate the effect of intracervical Foley catheter insertion, for the induction of labor, on cervical canal infection.
DESIGN: A prospective interventional study with paired analysis.
PLACE AND DURATION OF STUDY: The study was conducted in the department of Obstetrics and Gynecology at the Aga Khan University, Karachi, between June 1 and August 31, 2002.
SUBJECTS AND METHODS: In 45 women undergoing cervical ripening with intracervical Foley catheter for the induction of labour at term, cervical swabs were taken for culture and sensitivity before its insertion and again after its spontaneous expulsion or removal.
RESULTS: Intracervical …

Extrajunctional Resting Ca2+ Influx Is Not Increased In A Severely Dystrophic Expiratory Muscle (Triangularis Sterni) Of The Mdx Mouse, C. George Carlson, Anton Gueorguiev, Diana M. Roshek, Rebecca Ashmore, Jacquelyne S. Chu, Judy E. Anderson

All KCOM Faculty Publications

Freshly isolated adult mdx and nondystrophic (C57B110SnJ) muscle fibers were used to examine the potential role of resting Ca2+ influx in the pathogenesis of Duchenne and related dystrophies. Microfluorimetric determinations of resting divalent cation influx were obtained from undissociated intact muscle fibers in the triangularis sterni (TS), a thin expiratory muscle. Morphological evidence indicated severe dystrophic alterations in the mdx TS at 5 months, and a prononunced loss of fibers with connective tissue infiltration in older animals. To examine resting Ca 2+ influx, fibers were loaded with FURA PE3 and the rate of quenching of intracellular signal following the extracellular …

Beyond The Precautionary Principle, Cass R. Sunstein

Public Law and Legal Theory Working Papers

The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it requires regulation of activities even if it cannot be shown that those activities are likely to produce significant harms. Taken in this strong form, the precautionary principle should be rejected, not because it leads in bad directions, but because it leads in no directions at all. The principle is literally paralyzing— forbidding inaction, stringent regulation, and everything in between. The reason is that in …

Business Divisions From The Perspective Of The U.S. Banking System , Carl Felsenfeld, Genci Bilali

Faculty Scholarship

The Bank Holding Company Act of 1956 ("Act"),' as amended, most recently in 1999 by the Gramm-Leach-Bliley Act ("GLB") divides all economic activity into five groups. These groups are: 1) banking, 2) activities closely related to and a proper incident to banking; 3) activities of a financial nature; 4) activities complimentary to those of a financial nature; and 5) activities not of a financial nature. This article will explore these five groups of activities separately. The policies behind the divisions will be analyzed and questioned whether they serve the policies behind the Act. This article will also question whether the …

The Principal's Role In Promoting Success For Culturally And Linguistically Diverse Students: A Participatory Research Study, Maria Norma Martinez

Doctoral Dissertations

We need to understand more fully what facilitates success in schools with diverse populations. Through participatory research, the voices of school principals who are responsive to the needs of culturally and linguistically diverse students were recorded and analyzed to provide insights on the practices that promote the school success of culturally and linguistically diverse students. Using a dialogic retrospective, the participants had the opportunity to engage, individually and collectively, in reflection and dialogue to identify common themes that emerged in their important work as school leaders and as advocates for diverse students.