Digital Commons Network^™

Expert Evidence In Flatland: The Geometry Of A World Without Scientific Culture, David L. Faigman

Faculty Scholarship

No abstract provided.

Role Of Attachment: The Relationship Between Domestic Violence And Children's Behavior Problems, Donna J. Ryngala

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Whispering In The Wind: Text And Tradition In Blackfeet Apologia, Rowland G. Freeman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Peña

Articles

This article presents an account of the landscape and water institutions of the acequia communities of Colorado's Rio Culebra watershed. The physical and social landscape of the Culebra watershed, a product of water institutions introduced by Hispano settlers in the years immediately following the Mexican War, and the persistence of those institutions after the introduction of the system of prior appropriation, offers an instance of a successful engagement of community water institutions in the creation of a sustainable and resource-rich watershed landscape. The ultimate goals of this article are threefold. First, the article describes the acequialandscape and its social, …

Criminal Jurisdiction, Tribal Courts And Public Defenders, Robert T. Anderson

Articles

The impetus for this presentation is the establishment of the Tribal Court Criminal Defense Clinic by the University of Washington School of Law and its Native American Law Center. The Clinic is the public defender for the Tulalip Tribes of Washington. Eight students take the year long clinic and after ten weeks of preparation are appointed as counsel to defendants in tribal court prosecutions under the supervision of the clinic director. The joint effort of the Tribes and the School of Law is a direct product of the Indian self-determination era and reflects the Tribes' decision to increase their law …

Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo

Articles

In a defeat for staunch property rights advocates, the Supreme Court ruled this spring that a prohibition on land development in the Tahoe basin did not amount to a de facto taking of land such that the constitutional mandate of just compensation was triggered. The Tahoe decision highlights the struggle in eminent domain jurisprudence over the proper treatment of so-called regulatory takings. It has long been taken for granted that when the government exercises its power of eminent domain to take private property in the name of the public good, it must reimburse displaced landowners. While compensation for physical takings …

Introduction, The Osceola After 100 Years: Its Meaning And Effect On Maritime Personal Injury Law In The United States, Craig Allen

Articles

A century ago the United States Supreme Court issued its decision in The Osceola [189 U.S. 158 (1903)], announcing four legal propositions that controlled personal injury claims by seamen at the time. On the 100th anniversary of the Court's decision, the four admiralty law professors contributing to this symposium take the opportunity to critically examine the Court's renowned decision, Congress' responses to the decision, and the effect of both The Osceola's four propositions and the responsive legislation on the remedies available to injured maritime workers in the 21st century.

In the first of the three articles that follow, Professor …

Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen

Articles

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the United …

"They Say He's Gay": The Admissibility Of Evidence Of Sexual Orientation, Peter Nicolas

Articles

This Article seeks to fill an existing gap. Part II of this Article discusses the ways in which the sexual orientation of a victim, party, or witness is relevant within the meaning of Federal Rule of Evidence 401 and its state-law analogues, as well as when such evidence, although relevant, is nonetheless excluded due to its potential prejudicial impact.

Part III of this Article examines the hearsay rule and its exceptions to determine when, if ever, a person's assertion that he is gay can be admitted into evidence. Part IV of this Article discusses the applicability of the spousal privileges …

Whose Deal Is It? Teaching About Structural Inequality By Teaching Contracts Transactionally, Kellye Y. Testy

Articles

Although Scott Burnham and others have urged the use of more contracts to teach Contracts for some time,'9 it is safe to say that the majority of Contracts courses in the United States do not put actual contracts front and center. While particular phrases or provisions surely are referenced in the steady diet of appellate decisions that comprise the first-year course, those decisions very rarely include the actual contract at issue for study. Moreover, in the increased compression of the first year course," few professors believe they can justify the time for transactional exercises or simulations in the rush to …

The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka

Articles

Part I of this paper I review the past efforts of patent harmonization. In Part II, I review the current draft of the Substantive Patent Law Treaty (SPLT) and compare its major articles with Title 35 of the United States Code, the European Patent Convention (EPC), and Japanese Patent Law (JPL). In Part III, I analyze the changes expected by the integration of the SPLT into U.S. patent practice and examine if such changes would result in the best patent practice. I propose that the best practice takes into account underlying patent policies in such instances in which the changes …

Modeling Class Counsel, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Institutions And Long Term Planning Lessons From The California Electricity Crisis, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

What If I Want My Kids To Watch Pornography? Protecting Children From ''Indecent'' Speech, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

The Alkalic Intrusions Of Garrison Montana: A Possible Extension Of The Central Montana Alkalic Province, Rebecca Sylvan Kunz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Associate Statehood Principles And Prospects, Chimene Keitner

Faculty Scholarship

No abstract provided.

Posner On Teaching Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.

Lake Winnisquam, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Montana's Scoop, Anne F. Siess

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Mechanisms Of Market Efficiency Twenty Years Later: The Hindsight Bias, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Twenty years ago we published a paper, "The Mechanisms of Market Efficiency," that sought to describe the institutional underpinnings of price formation in the securities market. Since that time, financial economics has moved forward on many fronts. The sub-discipline of behavioral finance has struggled to bring yet more descriptive realism to the study of financial markets. Two important questions are (1) how much has this new discipline changed our understanding of the efficiency and nature of the institutional mechanisms that set price in financial markets; and (2) how far does this discipline carry novel implications for the regulation of financial …

Adaptive Feature Extraction: Exploring The Search Space With Change Detection Using Inductive Learners And Image Processing, Joseph D. Zeiler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Old Violin A 1950 Plymouth And A Party : Developing The Personal Intelligences, Linda Louise Merritt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Charter Schools Office School Catalog (2002-2003), Grand Valley State University

CSO Reports from 1998-2005

No abstract provided.

Charter School Office Bi-Annual Report (2003-2005), Grand Valley State University

CSO Reports from 1998-2005

No abstract provided.

Visions Of Applying The Scientific Method To The Hearsay Rule, Roger C. Park

Faculty Scholarship

No abstract provided.

Finding Missoula Residents' Willingness-To-Pay For A Public Transportation System, Kelsey M. Keene

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen

Articles

The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right …

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

Articles

John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …

Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote

Articles

Over the past two years I have become so heavily involved in the justice system reform discussions - in particular the discussions regarding legal training - that it would be nearly impossible for me to address the assigned topic of reform from a detached perspective. Rather than attempt to do so, I will offer certain personal impressions of the reforms, with particular reference to legal education.

Home And Garden Guide To Mormon Crickets And Grasshoppers, Lyle Holmgren

All Current Publications

Mormon cricket and grasshopper eggs generally hatch in undisturbed sites such as pastures, empty lots and roadsides. As the plants in these areas dry out or are eaten, they move to more lush growth found in yards and gardens