Digital Commons Network^™

Calculating Judgment Interest After Bank Of America Canada V. Mutual Trust Co.: Difficulties Compounded, Geoffrey Robert Cobham

Dalhousie Journal of Legal Studies

Until recently, compound judgment interest was only available in rare circumstances, namely where courts exercised their equitable jurisdiction. Simple interest was the ordinary measure awarded by the courts. However, in Bank of America Canada v. Mutual Trust Co. the Supreme Court of Canada stunned Canadaʼs legal theorists and practitioners by holding that compound judgment interest could be awarded at common law. It was the firm belief of Major J. that such relief was necessary to protect the full time value of money owed to judgment creditors. This paper considers the hidden implications of the decision. Attention is given to the …

Voices United? The House Of Commons' Role In The Creation Of The United Church Of Canada, Sara Knight

Dalhousie Journal of Legal Studies

The United Church of Canada was created by an Act of Canadian Parliament in 1924, uniting the Methodist, Presbyterian, and Congregationalist Churches in Canada. This paper examines the confluence of religion, politics, and law that made it a forum for debate on the relationship between Church and State in Canada. A significant minority of the Presbyterian Church was opposed to the union and members of the House of Commons were concerned that both procedural and substantive fairness be met before assenting to the union. The merger of religious groups, rather than social or economic organizations, infused the process with tension …

Automatic Regional Moment Tensor Inversion In The European-Mediterranean Region, Fabrizio Bernardi, Jochen Braunmiller, Urs Kradolfer, Domenico Giardini

School of Geosciences Faculty and Staff Publications

We produce fast and automatic moment tensor solutions for all moderate to strong earthquakes in the European-Mediterranean region. The procedure automatically screens near real-time earthquake alerts provided by a large number of agencies. Each event with magnitude M ≥ 4.7 triggers an automatic request for near real-time data at several national and international data centres. Moment tensor inversion is performed using complete regional long-period (50–100 s) waveforms. Initially the data are inverted for a fixed depth to remove traces with a low signal-to-noise ratio. The remaining data are then inverted for several trial depths to find the best-fitting depth. Solutions …

An Empirical Analysis Of Internal Control Weaknesses Under Sas No. 78: An Examination Of State Audit Reports, Edmund J. Boyle, Steven M. Cooper, Marshall A. Geiger

Accounting Faculty Publications

While there has been a considerable amount of research regarding internal control over the past several years, scant empirical research has examined SAS No. 78's integrated five-component depiction of internal control in a government setting. In particular, to our knowledge, no study has assessed the types or frequency of weaknesses under the SAS No. 78 framework using actual internal control system findings. In this study, we examine 32 state department and agency internal control reports to assess how well the theoretical framework captures actual system weaknesses, and to determine the relative distribution of weaknesses across components of the framework.

Our …

Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

This Essay revisits the issue of the role that law school clinics can, and should play, in expanding access to justice. To do so we need to cast a critical eye on what we do, who we are, what we have become, and whether we need to rediscover, redefine, and reimagine our professional role as law school clinical teachers.

The Entrapment Defense: An Interview, Paul Marcus

Faculty Publications

No abstract provided.

The Ethnic Question In Law And Development, Lan Cao

Faculty Publications

No abstract provided.

Front Matter

Quidditas

No abstract provided.

Chapter 11 Bankruptcy: The Ambulance At The Bottom Of The Corporate Fraud Cliff, Jacob Strain

Brigham Young University Prelaw Review

No abstract provided.

Heber J. Grant's European Mission, 1903-1906, Ronald W. Walker

BYU Studies

Elder Heber J. Grant landed in Liverpool, England, in November 1903, and by the first of the year he officially assumed his new position as president of the European Mission. The mission began at Tromso, Norway; and ran to Cape Town, South Africa; with Iceland and India serving as distant east-west meridians. While the church had branches in each of these extremities, Grant's field of labor was more compact. Most of the mission's effort was reserved to the Netherlands, Germany, Scandinavia, and Switzerland, where he had a general superintendency, and especially in the British Isles, where he had duties that …

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Publications

No abstract provided.

"Sturdy Black Bridges": Discussing Race, Class, And Gender, Kaavonia Hinton

Teaching & Learning Faculty Publications

Black feminist literary theory offers tools that teachers can use to initiate discussions on the issues of race, gender and class to analyze the works of adolescent literature. This feminist theory helps in reading and teaching literature about parallel cultures, like African-Americans and their love for self and community and their recognition of multiple oppressions in a way that differs from feminism.

The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas

Utah Law Review

The Sixth Amendment guarantees criminal defendants effective assistance of counsel. The criminal justice system implements this guarantee by appointing counsel for indigent defendants and then reviewing their performance after the fact, on appeal or habeas corpus. Strickland v. Washington's two-pronged test of effectiveness asks first whether defense counsel's "performance fell below an objective standard of reasonableness." Second, Strickland requires affirmative proof that an error was prejudicial. This prong requires defendants to prove a reasonable probability that the error affected the outcome of the trial or penalty hearing.

Singing Heroes: The Poetics Of Hero Cult In The Heroikos, Corinne Ondine Pache

Classical Studies Faculty Research

In this essay, I explore the poetic, emotional, and ritual dimensions of hero cult as presented in Philostratus's Heroikos. After a short digression on hero cult in the Greek period, I focus on the emphasis placed on the emotional bond between worshiper and hero, as well as the important role played by hymns and laments in the narrative. l propose to investigate these twin themes in depth by focusing on examples provided by Philostratus himself, and particularly the cult of Melikertês. Because Philostratus associates hymns and laments with initiation or mystery cults, I also consider the link between hero …

The Denton Debacle, Robert D. Crockett

Review of Books on the Book of Mormon 1989–2011

Review of Sally Denton. American Massacre: The Tragedy at Mountain Meadows, September 1857.

On The Cranial Anatomy Of The Polycotylid Plesiosaurs, Including New Material Of Polycotylus Latipinnis, Cope, From Alabama, F. Robin O’Keefe

Biological Sciences Faculty Research

The cranial anatomy of plesiosaurs in the family Polycotylidae (Reptilia: Sauropterygia) has received renewed attention recently because various skull characters are thought to indicate plesiosauroid, rather than pliosauroid, affinities for this family. New data on the cranial anatomy of polycotylid plesiosaurs is presented, and is shown to compare closely to the structure of cryptocleidoid plesiosaurs. The morphology of known polycotylid taxa is reported and discussed, and a preliminary phylogenetic analysis is used to establish ingroup relationships of the Cryptocleidoidea. This study also presents new material referable to Polycotylus latipinnis from the Mooreville Chalk Formation of Alabama. This skeleton is largely …

Emeritus Faculty And Alumni As Volunteers In A University Archives: Planning For Success, Tamar Chute

Provenance, Journal of the Society of Georgia Archivists

Archivists use volunteers to arrange and describe collections, help with events and donor relations, and assist with reference activities. Volunteers may also work on projects outside the archives, such as oral histories, fundraising, or designing and creating web pages. They are usually enthusiastic and eager to help, and they can be a valuable addition to the archives staff. Volunteers may range from children to retirees, from novices to professionals with archival experience. Regardless of their age or level of knowledge, volunteers require supervision, detailed instructions, and often much patience.

Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

The article explores the landmark Supreme Court case Lawrence v. Texas (2003), which overturned the Court's earlier decision in Bowers v. Hardwick and struck down a Texas sodomy law criminalizing consensual same-sex intimacy. The ruling significantly advanced LGBTQ+ rights by affirming privacy rights under the Due Process Clause and laying groundwork for future equal protection challenges to laws discriminating based on sexual orientation. The decision's implications extend beyond privacy rights, influencing debates on same-sex marriage, adoption, and other areas of sexual orientation discrimination.

Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal evolution from *Bowers v. Hardwick* to Lawrence v. Texas, highlighting how the latter marked a pivotal shift in recognizing LGBTQ+ rights by emphasizing personal autonomy and dignity. It underscores the significance of narrative strategies in shaping judicial decisions, particularly in *Lawrence*, where the plaintiffs' personal stories influenced the Court's ruling.

A Meta-Analytic Examination Of Decisional Balance Across Stage Transitions: A Cross-Sectional Analysis And Cross-Sequential Cross-Validation, Kara L. Hall

Open Access Dissertations

Interventions to decrease unhealthy behaviors and to increase healthy behaviors are crucial for health promotion and disease prevention. Computerized tailored interventions provide a promising approach for creating positive health behavior change. The Transtheoretical Model (TTM) delineates a way to conceptualize behavior change, provides the foundation for developing assessments of an individual's readiness to change, and is utilized in tailoring interventions for actualizing behavior change. To produce optimally tailored interventions: (1) theory that guides interventions needs to be comprehensively tested; and (2) empirical data that drive the tailored interventions needs to be systematically generated. This program of research tests theoretical assumptions …

"Love From All To All": The Letters Of Peter Taylor To John Anderson Thompson, 1939-1952, Michaux Dempster

Theses and Dissertations

This project consists of the transcription and annotation of a group of letters from the writer Peter Taylor to his friend John Anderson Thompson, a professor of English and literary critic. There are sixty letters, going from 1939 to 1952. They contain important biographical information about Taylor's life, including his relationships with his wife, the poet Eleanor Ross Taylor, his parents, Hillsman and Katherine Taylor, and contemporaries such as Robert Lowell, Jean Stafford, and Robert Penn Warren. The letters also provide a record of the progress of Taylor's novella A Woman of Means. The development of the Creative Writing …

Behind The Fire Line, Thomas Petzwinkler

Theses and Dissertations

BEHIND THE FIRE LINE A thesis submitted in partial fulfillment for the degree of Master of Fine Arts at Virginia Commonwealth University, 2004. Major Director: Jim Long, Department Chair. Behind the Line of Fire is a documentary of the professional lives of a group of firefighters. Inspired by the events of September 11th, it has been an ongoing journey for me as I continue to interact with an photograph these individuals doing the job that they live for. My goal for this project has been to work within the guidelines of a documentary, a genre that has a rich, diverse, …

Protecting The Lady From Toledo: Post-Usa Patriot Act Electronic Surveillance At The Library, Susan Nevelow Mart

Publications

Library patrons are worried about the government looking over their shoulder while they read and surf the Internet. Because of the broad provisions of the USA PATRIOT Act, the lack of judicial and legislative oversight, the potential for content overcollection, and the ease with which applications for pen register, section 215 orders, or national security letters can be obtained, these fears cannot be dismissed.

Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun

Publications

No abstract provided.

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

Publications

No abstract provided.

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

Publications

No abstract provided.

Adr Ethics, Scott R. Peppet

Publications

No abstract provided.

Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen Norton

Publications

Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers' views are not mistakenly attributed to the government. Consider, for example, Virginia's efforts to ban the Sons of Confederate Veterans' display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of "hate" or "heritage," Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier "VIRGINIA." The Fourth Circuit was unpersuaded, holding that the …

The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna

Publications

No abstract provided.

Action Science And Negotiation, Michael Moffitt, Scott R. Peppet

Publications

No abstract provided.