Digital Commons Network^™

Family And Medical Leave Act Reform: Is Paid Leave The Answer, Eric Daniel

Cleveland State Law Review

This Note will discuss the current status of the Family Medical Leave Act (FMLA) and the drawbacks of having an unpaid federal leave program. It will explore the inability of the current federal program to achieve the fundamental goal of enabling workers to take time off of work to bond with a newborn child, to tend to an ill relative, or to allow time for recuperation of the employee's own serious health condition. In discussing this shortfall, this Note will focus on the impractical expectation that an employee in one of these situations will be able to spend up to …

The Future Of Americans' Pensions: Revamping Pension Plan Asset Allocation To Combat The Pension Benefit Guaranty Corporation's Deficit, Kathleen H. Czarney

Cleveland State Law Review

To protect the financial future of retirees, this Note advocates that Congress pass legislation mandating a certain percentage of retirement plan funds be allocated into a low-risk individual retirement account ("IRA") insured by the Federal Depository Insurance Corporation ("FDIC"). This plan will shift the massive financial burden off of the PBGC. Section II of this Note provides an overview of pension plans and the PBGC with reference to economic and demographic factors that affect pensions. Thereafter, Section III discusses the current economic circumstances and their affect on retirement savings and the future of the PBGC." Section IV analyzes pending federal …

Monopoly Leveraging In Verizon Communications V. Law Offices Of Curtis V. Trinko, Llp: Why The United States Supreme Court Should Draw A Clear Line For Anticompetitive Behavior Violative Of The Sherman Act, Anthony J. Lazzaro

Cleveland State Law Review

The Court should draw the line for anticompetitive behavior violative of the Sherman Act above the mere gain of a competitive advantage in the second market. If the Supreme Court were to draw the line at this level, the circuit split and the resulting confusion would be ameliorated. By recognizing the three types of conduct that characterize monopoly leveraging, with the exception to the third type of conduct, the Supreme Court would provide much needed guidance for the lower federal courts in determining whether a firm's behavior in a given case rises to the level of the monopoly leveraging. The …

Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly

Cleveland State Law Review

This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …

Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina

Cleveland State Law Review

The United States Supreme Court "in light of [its] reason and experience"' has recognized a psychotherapist-patient privilege. The Court has, however, left lingering questions for the lower courts to determine regarding possible exceptions to the privilege. The lower courts have used their own reason and experience to develop exceptions to the privilege. Such exceptions include the crime-fraud exception, waiver exception, and the dangerous-patient exception. Inevitably other exceptions will follow. The Supreme Court should recognize a dangerous patient exception to the psychotherapist-patient privilege to allow a psychotherapist to testify in court when there is "a serious threat of harm to the …

Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld

Cleveland State Law Review

This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah …

Pain And Suffering, Noneconomic Damages, And The Goals Of Tort Law, Joseph H. King Jr.

SMU Law Review

No abstract provided.

The War Within The War On Crime: The Congressional Assault On Judicial Sentencing Discretion, David M. Zlotnick

SMU Law Review

No abstract provided.

Defining Speech In An Entertainment Age: The Case Of First Amendment Protection For Video Games, Patrick M. Garry

SMU Law Review

No abstract provided.

The Omarska Trial - A War Crimes Tribunal Close-Up, Patricia Mcgowan Wald

SMU Law Review

No abstract provided.

Equal Access Act - Religious Clubs May Meet During Public Secondary School Mandatory Attendance Periods If No Discrete Academic Instruction Is Taking Place - Donovan V. Punxsutawney, The, Elizabeth S. Thompson

SMU Law Review

No abstract provided.

Civil Evidence, Kelli M. Hinson, Jennifer Evans Morris, Elaine Chen

SMU Law Review

No abstract provided.

Criminal Procedure: Pretrial, Trial And Appeal, Edwin T. Aradi, Nicola M. Shiels, Cara Foos Pierce, Audra L. Wassom, C. Jeffrey Price

SMU Law Review

No abstract provided.

Civil Procedure, Donald Colleluori, Gary D. Eisenstat, Bill E. Davidoff

SMU Law Review

No abstract provided.

Franchise Law, Deborah S. Coldwell, Clay M. Steely, Heather L. Radliff, Monica S. Raines

SMU Law Review

No abstract provided.

Conflict Of Laws, James P. George, Anna K. Teller

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Becky Jolin, A. Kay Roska, Matthew J. Knifton, Elizabeth Webb, Brendan Lowrey

SMU Law Review

No abstract provided.

Taxation, Cynthia M. Ohlenforst, Jeff W. Dorrill, J. Blake Rice, Eleanor A. Arnold

SMU Law Review

No abstract provided.

Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright, And Competition Laws, Daniel J. Gifford

SMU Law Review

No abstract provided.

Refocusing The Twenty-First-Century Law School, Deanell Reece Tacha

SMU Law Review

No abstract provided.

Texas Residential Construction Commission: Do Texas Homeowners Need It, Angela R. Lilly

SMU Law Review

No abstract provided.

When Good Intentions Are Not Enough: Problem-Solving Courts And The Impending Crisis Of Legitimacy, Timothy Casey

SMU Law Review

No abstract provided.

Piercing Gaze: Public Art In Schools, Laura Felleman Fattal

Journal of Social Theory in Art Education

A gaze is a silent facial gesture while a piercing gaze suggests a shrieking sound. Unpacking the word, silence, allows one to look at the difference between the verbalizations hailing empowerment and the actual functioning of reinstatements of purpose in learning, teaching and mentoring in a public school. Silence, in the following article, signals a discomfort, sometimes solitude and, at times, an abyss perhaps indicating the disparity between expectation and implementation. The depth of research necessary by the school community to reach consensus for names of dignitaries and the in-depth archival photographic research on the part of the professional artists …

The Relationship Between Imagery Use And Confidence In Coaches, Matthew G. Smiley

Theses and Dissertations

No abstract provided.

A Comparative Study Of Parental Demographics For Students In Open-Enrollment Charter Schools And Public Schools In Arkansas, Deborah Yeldell Mcafee

Theses and Dissertations

The purpose of this study was designed to determine if there was a statistically significant difference based on parental demographics, and parental factors, of students enrolled in Arkansas public schools and Arkansas open-enrollment charter schools. Four Arkansas open-enrollment charter schools, chartered prior to the 2004-2005 school year, and four public schools, within close proximity, were surveyed. The information was disaggregated into parent demographics of age, gender, income, number of children attending school in the home, educational level, marital status and distance between the home and school. Forty parental factors were categorized into four headings: policy and procedures, career, academics and …

Student Perceptions Of Concomitant Learnings Of East Lab In A Small, Rural Arkansas School District, Judith Lane Bynum

Theses and Dissertations

The purpose of this research was to study the evidence of concomitant learnings that are a result of a technology-rich, project-based learning environment; the empowerment of the student by these learnings; and their worth in better preparing high school students for college success. This qualitative, phenomenological study used interviews of present and past EAST Lab students from a small, rural Arkansas school district as its data. The interview questions focused on comparison and contrast of the learning environments of the students' classes, affective and cognitive knowledge gained from these environments; and student opinions concerning the influence of the EAST experience …

84th General Assembly, Herschel W. Cleveland Speaker Of The House

University of Arkansas at Little Rock Law Review

No abstract provided.

Winter 2004, Nsu Oceanographic Center

Currents

No abstract provided.

Summer 2004, Nova Southeastern University

Currents

No abstract provided.

Robotics Technologies For K-8 Educators: A Semiotic Approach For Instructional Design, Antoinette P. Bruciati

Education Faculty Publications

Robotics engineering courses have provided undergraduate computer science students with opportunities for designing and programming simulations of robotic tasks. In contrast, many teacher preparation programs have lacked courses in this area. Educators who have not gained a conceptual understanding of computer programming may not possess the skills that would have enabled them to successfully integrate robotics technologies into their K-8 curriculum.

Recent technological advances have provided a viable means of approaching this problem. Several icon-orientated robotics technologies have been identified that allow educators to master computer programming concepts through a simplified graphical user interface (GUI) design.

This investigation addressed the …