Digital Commons Network^™

Jurors And The Future Of "Tort Reform", B. Michael Dann

Chicago-Kent Law Review

Jurors are not supposed to allow their personal attitudes about the law, including tort law, affect their decision. This Essay asserts, however, that jurors, acting as conscientious and impartial decision makers, in fact do have cognitive and emotional "stakes" in tort litigation, namely the trial process that they are subjected to, and in making fair and equitable decisions. Various "tort reform" proposals affect, for better or worse, jurors' abilities to understand the evidence and the law, apply the law to the facts, and do justice. The author, a former trial judge, and a self-confessed "jurorcentric" supporter of jury trial reforms, …

When All Of Us Are Victims: Juror Prejudice And "Terrorist" Trials, Neil Vidmar

Chicago-Kent Law Review

On September 11, 2001 all Americans became victims. The threat of terrorism at home and abroad, now and for the indefinite future, is not only to their physical safety and economic well-being, but also to their deeply held social and political values. The terrorists have been identified as members of the Muslim faith and most are of Middle Eastern ethnic descent. This Article discusses the problem of persons accused of being terrorists, or aiding terrorists, obtaining a fair trial in the light of this national victimization. Research conducted for the "American Taliban" case of John Walker Lindh, reported in the …

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula L. Hannaford-Agor, Valerie P. Hans

Chicago-Kent Law Review

In recent years, the criminal justice community has become increasingly concerned about the possibility that jury nullification is the underlying motivation for increasing numbers of acquittals and mistrials due to jury deadlock in felony jury trials. In this Article, the authors discuss the inherent difficulty in defining jury nullification and identifying its occurrence in actual trials. They review the evolution in public and legal opinion about the legitimacy of jury nullification and contemporary judicial responses to perceived instances of jury nullification. Finally, the authors examine the possible presence of jury nullification through empirical analysis of data collected from 372 felony …

Jurors As Statutory Interpreters, Lawrence M. Solan

Chicago-Kent Law Review

The standard division of labor at trial is that jurors find facts and judges interpret statutes. But this was not always the standard, and it is still not always so. Until the end of the nineteenth century, it was up to jurors not only to find the facts, but also to determine the law, at least in criminal cases. This task was considered an important part of democratic government in that it created a buffer of twelve citizens who could refuse to convict if a law was considered unduly oppressive. This history is sometimes discussed as relevant to the practice …

A Conservative Perspective On The Future Of The American Jury Trial, Robert P. Burns

Chicago-Kent Law Review

The American jury trial has evolved in a way that is deeply respectful of the dense complexity of competing values that pervade our common life. The consciously structured hybrid of languages and practices of which the trial is composed reflects those values fairly. The trial is thus the crucible of democracy. Simplistic understandings of the trial rooted in a form of legal positivism and an affection for bureaucracy threaten it. We must be very careful of distorting the architecture of what we have achieved in one of greatest achievements of our public culture. This is not to say that reform …

Proof Beyond All Possible Doubt: Is There A Need For Higher Burden Of Proof When The Sentence May Be Death?, Leonard B. Sand, Danielle L. Rose

Chicago-Kent Law Review

Recent studies conclude that errors occur in the American capital punishment system with such frequency that it is entirely foreseeable that, if continued unaltered, numerous innocent persons will be executed. Assuming that this is unacceptable but that America will wish to continue to utilize the death penalty in its justice system, the authors believe that society has a duty to try to reduce the frequency of such errors. The authors propose that the requisite burden of proof in the penalty phase of a capital trial should be raised from beyond a reasonable doubt to beyond all possible doubt. The …

Technology Service Solutions: New Wine In Old Wineskins?, Elizabeth A. Pawlicki

Chicago-Kent Law Review

This Comment examines the National Labor Relations Board's decision in Technology Services Solutions, which held—via application of the Supreme Court's "reasonable alternative means" test-that an employer did not commit an unfair labor practice when it refused to provide the union attempting to organize the employer's teleworking customer service representatives with employees' names and addresses. After reviewing the evolution of union access rules, Pawlicki argues that by endorsing the application of traditional union access rules to the nontraditional telework environment, the National Labor Relations Board effectively denied an emerging segment of U.S. workers a right that has long been a …

Materials Characterization At Utah State University: Facilities And Knowledgebase Of Electronic Properties Of Materials Applicable To Spacecraft Charging, John R. Dennison, C. D. Thomson, J. T. Kite, V. V. Zavyalov, Jodie Corbridge

All Physics Faculty Publications

In an effort to improve the reliability and versatility of spacecraft charging models designed to assist spacecraft designers in accommodating and mitigating the harmful effects of charging on spacecraft, the NASA Space Environments and Effects (SEE) Program has funded development of facilities at Utah State University for the measurement of the electronic properties of both conducting and insulating spacecraft materials. We present here an overview of our instrumentation and capabilities, which are particularly well suited to study electron emission as related to spacecraft charging. These measurements include electron-induced secondary and backscattered yields, spectra, and angular resolved measurements as a function …

Lilywhite, Kirk L. Shaw

Inscape

No abstract provided.

Variation On Vardaman, Travis Butterfield

Inscape

No abstract provided.

The Decay Of The American Dream: Tennessee Williams And The Glass Menagerie, Matthew Squires

Inscape

No abstract provided.

Blade To The Heat (2003), Oliver Mayer

Season 2003-2004

No abstract provided.

Intercom, Volume 39, No. 5, September-October 2003, Scott Dankof

Intercom

Contents: Iowa Grotto Meeting Minutes -- Up to the Gills -- Ridge Walking in the Hell Canyon Area -- Ed and Mark Ascend into Heaven -- Alien Mustard -- The Blue Owl -- Sustained Misery -- Little Princess Mine -- Ahoy -- Down and Out -- Dear Most Competent Caver -- Blue Owl Cave Map -- Red Dot Cave Map -- Perched Cave Map -- Cueva de los Mariposas Map -- Photo Gallery

Cave Talk, October 2003, Susan Berdeaux

Cave Talk

Contents: Lake Shasta 2003 -- Beginnings -- Endings -- NCA Loss --Gatlinburg -- in Print -- Tia News -- Projects -- Closings -- Convention 2004 -- Final Thoughts

Pages News, Volume 11, No. 2 & 3, October 2003, Antti Ojala, Christoph Kull, Keith Alverson

PAGES

Contents: Editorial: HOLIVAR -- PAGES Session at the Fall AGU 2003 -- Inside PAGES -- Tales From the Field: We Need Your Input -- Newsletters: Do You Need a Hardcopy? -- New on the Bookshelf -- Marie Curie International Fellowships -- Program News --The HOLIVAR Programme -- National Page -- Russia -- Science Highlights -- Developments in Age-Depth Modeling -- Instrumental Climate Data -- Varved Lake Sediments in Scandinavia -- 14C as an Indicator of Solar Variability -- Climate and Fennoscandian Tree-Rings -- Climate Reconstruction from Peatlands -- Climate Forcing During the Holocene -- Tephra, a Tool for Dating and …

Otterbein Towers Fall 2003, Otterbein Towers

Towers Magazine

Singing on the Heavy Side of the World, Commencement '03, Alumni Weekend '03, College News, The "O" Club, Classnotes, Milestones, Philanthropy at Otterbein, Alumni Notes

Lincoln On The Abolition Of Slavery, Allen C. Guelzo

Civil War Era Studies Faculty Publications

That man who thinks Lincoln calmly sat down and gathered his robes about him, waiting for the people to call him, has a very erroneous knowledge of Lincoln," wrote Abraham Lincoln's long-time law partner, William Henry Herndon. "He was always calculating, and always planning ahead. His ambition was a little engine that knew no rest." And in no other pursuit was Lincoln more ambitious than in politics. As a lawyer and Whig political organizer in Illinois, "Politics were his life and his ambition and his motive power." [excerpt]

Variations In Control And Display Gain In A First Control Order Compensatory Manual Tracking Task, Micah N. Morris

Master's Theses - Daytona Beach

There exist many factors that contribute to the optimal manual control of a system by a human operator (HO). Two such variables include control gain and display gain. Of particular interest to the following experiment is the contribution of these two variables to the manual tracking performance of any HO conducting a compensatory tracking task while using a first control-order tracking system. Since the optimal level of control gain required for maximal manual control of a tracking device is system dependent, it may be expected that the same holds true of display gain. Regardless, it is the purpose of the …

The Search For The Opto-Kinetic Cervical Reflex And Reduced Roll Reversals In Pilots Viewing A 3-D Perspective Display, John Carl Faust

Master's Theses - Daytona Beach

Pilots using conventional instrumentation can suffer spatial disorientation (SD) when unexpectedly forced to transition from visual flight to instrument flight during roll maneuvers. This simulator study was conducted to see if a 3-D perspective display could prevent this form of spatial disorientation by eliciting the opto-kinetic cervical reflex (OKCR), an instinctive postural response that humans use to maintain awareness of their spatial orientation. The current research found evidence of the OKCR in pilots viewing both a 3-D perspective display and an electronic attitude indicator. Pilots viewing a standard moving-horizon attitude indicator produced little or no OKCR response. However, pilots still …

Isomorphic Correspondence: Hybrid Different Media: Music And Architecture, Ki Ho Choi

Architecture Thesis Prep

School of Crafting Instruments: Hudson Yard in Manhattan, New York, NY

"In my thesis approach to the music and architecture, I am not evoking the classical Pythagoras and Palladio. I am more dealing with architecture and music as new ground of present architecture and new hybrid medium between them...

Architecture, just linked music with simple arithmetic ratios, should confront and try to parallel to contemporary music theory...

To hybrid these different media, I have chosen the instruments and Bella Bartok's musical Theory. Instrument has architectonic form with musical character while Bartok's musical theory has visual character. These two media can …

Consanguineous Marriage Resulting In Homozygous Occurrence Of X-Linked Retinoschisis In Girls, Azam Ali, Agha Hassan Feroze, Zulfiqar H. Rizvi, Tausif- Ur -Rehman

Section of Ophthalmology

Purpose: To investigate a family afflicted with X-linked retinoschisis and to determine the pedigree leading to such an occurrence.Design: Observational case series.
Methods: Visual acuities were measured at The Aga Khan University Hospital Ophthalmology clinic. Slit-lamp examination, direct and indirect ophthalmoscopies were performed on each of the seven members of this family. The pedigree was established by appropriate questioning about the rest of their family.
Results: The pedigree revealed the homozygosity of the four daughters for the XLRS mutations borne out of the consanguineous marriage between an affected father and a carrier mother.
Conclusions: This is the first report showing …

Philosophiscal Conversations, Vol. 7, No. 1, Fall 2003, Illinois State University, Department Of Philosophy

Philosophical Conversations

An interactive newsletter of the Illinois State University Department of Philosophy

Nitric Oxide Mediates Seasonal Muscle Potentiation In Clam Gills, Louis F. Gainey Jr., Michael J. Greenberg

Faculty Publications

The physiology and timing of gill muscle potentiation were explored in the clam Mercenaria mercenaria. When isolated demibranchs were exposed twice (with an intervening wash) to the same concentration of 5-hydroxytryptamine, the second contraction was larger than the first. This potentiation was seasonal: it was present from November through June, and absent from July through October. Potentiation was not affected by the geographic origin of the clams, nor by their acclimation temperature. Potentiation was inhibited by the nitric oxide synthase (NOS) inhibitor L-NAME and mimicked by the nitric oxide (NO) donor DEANO. During the season of potentiation, immunoreactive NOS appeared …

Wvrhc Newsletter, Fall 2003, West Virginia & Regional History Center

West Virginia & Regional History Center Newsletters

Lenna Lowe Yost Archives Chronicle the Woman Suffrage Movement in State and Nation

Race, Diversity, And Jury Composition: Battering And Bolstering Legitimacy, Leslie Ellis, Shari Siedman Diamond

Chicago-Kent Law Review

Impartiality is both elusive and important for the legitimacy of the jury and its decisions. After presenting a realistic version of impartiality that recognizes how jurors reach judgments, we present empirical evidence demonstrating the costs incurred when the promise of impartiality appears to be violated. We then evaluate various approaches aimed primarily at increasing the racial heterogeneity of juries. Finally, we describe a simplified, multimethod approach that combines improvements in source lists and a simple non-race-based geographic adjustment to improve the appearance and reality of jury impartiality by increasing jury heterogeneity.

A Voir Dire Of Voir Dire: Listening To Jurors' Views Regarding The Peremptory Challenge, Mary R. Rose

Chicago-Kent Law Review

The use of the peremptory challenge during jury selection continues to be a source of controversy, in part because critics are concerned about the attitudes and reactions of those allegedly excused on the basis of stereotypes, i.e., "for no reason." In the present research, a sample of people excused from criminal juries via the peremptory were followed-up and asked to speculate on why they were excused, as well as to rate their experience with jury selection on a number of dimensions. I hypothesized that even if all rationales involved some amount of "stereotyping," people's views about being excused should vary …

Factors To Be Considered In Determining A Corporation's Commercial Domicile, A. Bruce Clements

Faculty Articles

Laws can vary significantly in taxing multijurisdictional companies depending on a company's degree of corporate presence in the taxing state, the type and source of income earned, and the type of property used or held in the state. Several critical factors can determine a company's tax liability in a state, including the location of the company's commercial domicile. The US Supreme Court's decision in the Wheeling Steel case regarding commercial domicile is overriding in federal, as well as state courts. Accordingly, multistate companies and their tax advisors should consider the location of central management activities when planning to start or …

Miscellaneous Publication 26/2003 - Benefit -Cost Analysis Of Soil Acidity Research Development And Extension In Western Australia, 1992-93 To 2001-02, Michael O'Connell, Chris Gazey

Farm Systems and Economics published reports

The program of publicly funded soil acidity RD&E' conducted in Western Australia from 1992-93 to 2001-02 is expected to deliver benefits to the farm sector over future years. Benefit-cost analysis indicates that these industry benefits should outweigh the public cost of the RD&E several times over.

Using a 20-year analysis period, the RD&E is estimated to have a net present value (NPV) of $84 million, and a benefit-cost ratio (BCR) of 5.8. Extending the analysis to 30 years results in an NPV of $135 million and a BCR of 8.7. These large returns are due to a combination of factors: …

2003 Vol. 52 No. 2, Cleveland-Marshall College Of Law

2000s

No abstract provided.

Groups, Politics, And The Equal Protection Clause, Sameul Issacharoff, Pamela S. Karlan

University of Miami Law Review

No abstract provided.