Digital Commons Network^™

Mixed Up Questions Of Fact And Law: Illinois Standards Of Appellate Review In Civil Cases Following The 1997 Amendment To Supreme Court Rule 341, Kathleen L. Coles

Faculty Articles, Papers, and Other Scholarship

In 1997 the Illinois Supreme Court amended Rule 341 to require that appellants include in their legal briefs a statement of the applicable standard of review for each issue on appeal.In adopting this amendment, Illinois courts somewhat belatedly joined a national trend focusing heightened attention on a difficult yet critical aspect of appellate practice: the degree of deference an appellate court should give to various determinations of courts, juries, and administrative agencies when the propriety of those determinations is on appeal. In a 1992 article recommending that Rule 341 be amended, Professor Timothy O’Neill of The John Marshall Law School …

An Empirical Model Of Price And Quality Effects Of E-Commerce, Scott E. Sampson, Kendall Hulet

Faculty Publications

During the e-Commerce boom of the late 1990s it was predicted that the Internet would have a significant impact on prices of various goods and services. Whether the net impact would he positive or negative was harder to forecast, there being opposing effects. We develop a model that describes some of those effects, including information asymmetry, search costs, price dispersion, trust premiums, and convenience premiums. The model is discussed, and a major portion is statistically tested with empirical data. As an exploratory gesture, the model is extended to consider product quality effects of online shopping. The final section concludes with …

Local Economic Development Policies, Timothy J. Bartik

Upjohn Institute Working Papers

This chapter seeks to provide useful advice for local government policy towards economic development programs. The chapter: reviews the size and scope of local economic development programs in the United States; critically analyzes the various rationales offered for these programs; makes recommendations for what local policy should do about business attraction and incentives, business retention, new business development, high technology development, brownfield development, distressed neighborhoods, and downtowns; and discusses how local economic development programs should be organized, managed, and evaluated.

Inversion For Sediment Geoacoustic Properties At The New England Bight, Gopu R. Potty, James H. Miller, James F. Lynch

Ocean Engineering Faculty Publications

This article discusses inversions for bottom geoacoustic properties using broadband acoustic signals obtained from explosive sources. Two different inversion schemes for estimating the compressional wave speeds and attenuation are presented in this paper. In addition to these sediment parameters, source–receiver range is also estimated using the arrival time data. The experimental data used for the inversions are SUS charge explosions acquired on a vertical hydrophone array during the Shelf Break Primer Experiment conducted south of New England in the Middle Atlantic Bight in August 1996. The modal arrival times are extracted using a wavelet analysis. In the first inversion scheme, …

Neuronal Control Of Nematocyst Discharge In Hydra, A. A. Scappaticci Jr.

Open Access Dissertations

This dissertation research seeks to understand how the neuronal circuitry of the battery cell complex in hydra functions in order to accomplish the basic biological necessity of food acquisition through its effector organelles, the nematocysts. A behavioral assay was used to discharge individual nematocysts from the tentacles of Hydra vulgaris. Cnidocils were mechanically deflected using a piezoelectrically driven glass probe. Standard immunohistochemical methods were used to localize the N-methyl-D-aspartate receptor in hydras tissues. Desmonemes and stenoteles differentially responded to imposed forces on the cnidocil. Desmonemes discharged when the cnidocil was struck with a force of at least 3.7 × 10−3 …

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Faculty Scholarship

In this essay, the point of view I wish to take is that of authors who create or disseminate works over digital networks. I believe that their situation reflects both perspectives. Like the Avignon popes and the fifth century Roman emperors, authors might be considered displaced persons, because others might cast their works into the digital Empyrean, disconnected from physical points of attachment to any particular jurisdiction. But, like the Germanic tribes that crossed the Rhine River late in December 406, at least some authors might also be considered the displacers, because they choose to exploit the newly-found technological irrelevance …

Understanding Countertransference With Patients With Borderline Personality Disorder : An Exploratory Quantitative Investigation, Michelle Saxen Hunt

PCOM Psychology Dissertations

The present study surveyed 58 psychologists regarding their countertransference (CT) behaviors, CT management ability, empathy, and working alliances when treating patients with borderline personality disorder (BPD). Common positive and negative CT behaviors were identified when treating their typical patient with BPD. As predicted, results yielded negative correlations between therapists' CT behaviors and their CT management ability, working alliance, and empathy, as well as a positive correlation between therapists' CT management and working alliance, linking CT management to positive treatment outcomes. Therapists' level of experience and theoretical orientation were also examined, finding no significant impact on CT behaviors, CT management, or …

Concert Recording 2003-04-26a, Kathryn Schenk, Clint Baker, Fernando Valencia, Bryan Turley, Chalon L. Ragsdale

Concert Recordings & Programs

Morris dance / William Kraft -- Two movements for marimba. Allegro ; Lento/Piu mosso / Toshimitsu Tanaka -- Ave Maria / Charles Gounod -- Eight pieces for four timpani. Recitative / Elliot Carter -- Virginia Tate / Paul Smadbeck -- Merlin. Beyond the faint edge of the world / Andrew Thomas -- Three dances for snare drum. Cretan dance ; Fandango / Warren Benson -- Sechs miniaturen. Presto ; Adagio ; Allegro ; Adagio lento / Matthias Schmitt -- Ghania / Matthias Schmitt -- Tango suite / Astor Piazolla

The Use Of Parasites In Discriminating Stocks Of Pacific Halibut (Hippoglossus Stenolepis) In The Northeast Pacific, Reginald B. Blaylock, Leo Margolis, John C. Holmes

Faculty Publications

The use of parasites as indicators of the stock structure of Pacific halibut (Hippoglossus stenolepis) in the northeast Pacific was investigated by using 328 adult (>55 cm fork length) halibut from 15 composite localities ranging from northern California to the northern Bering Sea and 96 juvenile (10-55 cm) halibut from five localities ranging from the northern Queen Charlotte Islands to the Bering Sea. Counts of eight selected parasite species (the juvenile acanthocephalans Corynosoma strumosum and C. villosum, the metacestode Nybelinia surmenicola, the digenean metacercaria Otodistomum sp., and the larval nematodes Anisakis simplex, Pseudoterranova decipiens, Contracaecum sp., and Spirurid gen. …

Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper

Articles

The question I explore here, stated in its broadest form, is this: What is the connection between theory and practice between academic claims about how judges should decide cases and the actual behavior of judges as revealed in the opinions they write? More particularly, do theories about the nature of law have any implications for the question whether a judge should adopt an "activist" or a "restrained" approach to deciding cases? As you might infer from my title, I defend here what I call "the skeptical thesis" in answer to both the general and particular questions. Judges pay little or …

Weighing Poison Fruit, Yale Kamisar

Articles

In the simplest cases involving the exclusion of illegally obtained evidence, the items the defense is trying to suppress, such as drugs found during the search of a suspect's pocket, are direct, or primary, in their relationship to the police action. Thus, if the police have acted unlawfully, the evidence must be excluded from trial.

Many times, however, evidence is derivative, or secondary, in character. For example, an illegal search may turn up a key to an airport locker where the proceeds of a bank robbery are being kept. Or a coerced confession may reveal the place where a suspect …

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes

Akron Law Faculty Publications

Lead article in a symposium issue.

In the now-famous 1830s chronicle of a visit to America, Alexis de Tocqueville wrote that in America every political issue is ultimately a legal issue in the courts. For Americans who lived through the antislavery and abolitionist era as well as the crisis of the war of 1861-1865, the military victory of the Union forces on the field of battle still left open large political issues. These issues were attempted to be resolved through the political process that produced a legal solution: a constitutional amendment that we currently identify as the Fourteenth Amendment. The …

Financial Abuse Of The Elderly: Is The Solution A Problem?, Carolyn L. Dessin

Akron Law Faculty Publications

As a population, we are aging rapidly. With this phenomenon has come an increasing interest in the problems of older Americans. Early studies of elder abuse in the 1970s began a dialogue that continues with increasing vitality. This dialogue has prompted states to attempt to prevent, remedy, and punish elder abuse in a variety of ways.

Although all of the early studies and most of the current studies focus on physical and psychological abuse of the elderly, there is a growing appreciation that financial abuse is a serious problem. Accordingly, many states have attempted to remedy financial abuse, often called …

A Seldom Considered Aspect Of Tax Fairness And Simplifications: The Need For A Coherent Policy Perspective On The Many And Varied Dollar Limitations Contained In The Internal Revenue Code, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment, John P. Sahl

Akron Law Faculty Publications

For many Americans, the choice between affording legal assistance--a luxury item--and covering basic living expenses appears to represent a choice in name only. Most states prohibit lawyers from providing clients with financial assistance to cover these living expenses. In a few states, lawyers may help clients with living expenses by advancing or guaranteeing financial assistance. Given accurate information about the availability of legal services, poor people may find themselves able to protect important legal rights.

In Part I, this Article reviews the origins of and reasons for the ban on lawyer advancement of living expenses to clients when litigation is …

Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz

Articles

A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …

Transitional Justice In A New Era Transitional Justice - Northern Ireland And Beyond: Theoretical And International Frameworks, Ruti G. Teitel

Articles & Chapters

No abstract provided.

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

Articles & Chapters

Unpublished appellate judicial opinions present formidable challenges for modern legal researchers, from both practical and ethical points of view. The practice of selective publication of court opinions, and attendant court rules that restrict citation of unpublished opinions, have long been the subject of debate within legal profession. The recent case of Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000), vacated as moot 235 F.3d 1054 (8th Cir. 2000), has rekindled this debate, giving it a new constitutional dimension, and placing it squarely within the context of judicial accountability and the appropriate separation of powers among our branches of …

Spanning Set Defines Variability In Locomotive Patterns, Max J. Kurz, Nikolaos Stergiou, Daniel Blanke

Journal Articles

The purpose of the investigation was to use the spanning set methodology to quantify variability in locomotive patterns and to compare this method with traditional measures of variability. Subjects ran on a treadmill while sagittal plane kinematic data were collected with a high-speed (180 Hz) camera. Changes in variability were evaluated as the subject ran barefoot and in shoes. Mean ensemble curves for the knee angle during the stance period were created for each condition. From these curves, traditional measures of variability were calculated using the coefficients of variation (CVs), and the mean deviation (MD). Spanning set vectors were defined …

Cancer In Louisiana: 1995-1999, Volume 16, Louisiana Tumor Registry, Catherine N. Correa, Xiao-Cheng Wu, Patricia A. Andrews, Mei-Chin Hsieh, Vivien W. Chen

Policy & Position Papers

Mission:

To collect and report complete, high-quality, and timely population-based cancer data in Louisiana to support cancer research, control, and prevention.

Vision:

To reduce suffering and death from cancer using information collected by the Louisiana Tumor Registry.

History:

Cancer registration in Louisiana began in 1947 at the Charity Hospital Tumor Registry in New Orleans. In 1974, as part of its Surveillance, Epidemiology and End Results (SEER) Program, the National Cancer Institute provided funds for a population-based cancer incidence and survival registry covering Jefferson, Orleans, and St. Bernard parishes. Five years later, the Louisiana Tumor Registry (LTR) was transferred to the …

Factors Influencing Body Image Perception Of Eastern Illinois University Track And Field Athletes, Sandra L. Hussey

Masters Theses

No abstract provided.

Does Knowing Cost Of Enteral Supplements Affect Preference Or Acceptance By Free-Living Older Adults?, Michelle J. Acklie

Masters Theses

No abstract provided.

An Exploration Of Parental Involvement In Head Start Programs, Shaundra Shanese Ceaser

Masters Theses

No abstract provided.

African Americans And Caucasian Americans Perceptions And Experiences Related To Racial Identity And Stereotypes, H. D. Crockett

Masters Theses

No abstract provided.

Kerouac's Instrumental Use Of Jazz, Dawn Nehrkorn

Masters Theses

No abstract provided.

Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin

Articles & Chapters

Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.

Spectrum 2003, Saint Mary's College Of California

The Undergraduate Spectrum

No abstract provided.

Panel 1 Discussion Transcript

Brooklyn Journal of International Law

No abstract provided.

Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham

Brooklyn Journal of International Law

No abstract provided.

Panel 1 Discussion Transcript, Part 2

Brooklyn Journal of International Law

No abstract provided.