Digital Commons Network^™

Family Violence Protective Orders In Texas And Appelate Review: Are They Meant For Each Other., Manuel C. Maltos

St. Mary's Law Journal

Historically, protective orders have been viewed as an effective civil legal recourse for those affected by family violence. Title Four of the Texas Family Code governs these protective orders and sets forth the requirements for obtaining such an order. With consistent improvements to Title Four, the legislature has responded to society's decreasing tolerance of family violence. As a result, now the Family Code mandates the issuance of a protective order as provided by Title Four, regardless of whether a divorce is pending. Further legislative efforts also lengthened the maximum duration of a protective order from one year to two years. …

Short Interests In Real Estate Investment Trusts, Deqing Diane Li, Kenneth Yung

Finance Faculty Publications

We examine short interests in equity real estate investment trusts (REITs) between 1994 and 2001. Our results show that only high levels (the 90th percentile) of short interest are associated with significant negative REIT returns as the bearish content of short interest may have been mitigated by the favorable risk characteristics of real estate securities. In addition, the significant negative relationship between short interest and REIT returns applies only to REITs with poor performance. The result implies that the bearish sentiment of short interest could aslo be mitigated by good REIT managers in a real estate market that is informationally …

The Process For Becoming A Law School Professor In The United States, Daniel H. Foote

Articles

As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …

Bankrupting Trademarks, Xuan-Thao Nguyen

Articles

The explosive growth of technology in the last two decades has vastly expanded intellectual property jurisprudence and elevated intellectual property to a heightened status in the marketplace. Indeed, a company's intellectual property assets may now be its most valuable corporate assets. Moreover, the property value of some trademarks is significantly greater than that of the trademark owner's physical assets.

The term “intellectual property” is commonly understood to include patents, trade secrets, copyrights, and trademarks. Yet a paradigm has been constructed and enforced over the last fifteen years wherein only patents, trade secrets, and copyrights are included. The paradigm specifically excludes …

Taxing The New Intellectual Property Right, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Current, albeit arbitrary, rules exist governing the tax treatment of traditional forms of intellectual property, such as patents, trade secrets, copyrights, trademarks, and trade names. While tax principles exist for these traditional intellectual property and intangible rights, specific tax rules do not exist for new intellectual property rights, such as domain names, that are emerging with the arrival of global electronic commerce transactions on the Internet. This article explores the proper tax treatment of domain name registration and acquisition costs, addressing these parallel questions? Are domain names merely variations of traditional forms of intellectual property and other intangible rights to …

Collateralizing Internet Privacy, Xuan-Thao Nguyen

Articles

Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …

Capitalism And Freedom -- For Whom? Feminist Legal Theory And Progressive Corporate Law,, Kellye Y. Testy

Articles

Beginning at least in the 1980s, the version of corporate law and governance prevailing in the U.S. (as well as widely exported to other nations) was a radically privatized one, treating the corporation as a contractual arrangement for maximizing shortterm share price in a laissez faire global marketplace. Though many robust and varied social movements, many of which were bolstered by the 1999 WTO protests in Seattle, have been and are engaged in challenging this hegemony from many angles, few have found their way into corporate law reform. That is not to say, however, that there are no progressive legal …

Cash For Kidneys? Utilizing Incentives To End America's Organ Shortage, Steve P. Calandrillo

Articles

This article addresses the growing organ shortage in America, analyzes current donation and procurement law, and explores both monetary and nonmonetary incentives aimed at eliminating the worsening crisis.

Part I details the law governing human organ donation. Under both the Uniform Anatomical Gift Act (“UAGA”) and the National Organ Transplant Act (“NOTA”), no donor of a human organ may receive “valuable consideration” for providing it. Congress’ intention was simply that the organ recipient be given the “gift” of life—not one which she had to purchase on the market. In reality, the consequences of the Act bear little resemblance to its …

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

Articles

Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …

South Dakota Employment At Will Doctrine: Twenty Years Of Judicial Erosion, Susan R. Dana

South Dakota Law Review

No abstract provided.

Banner Health System V. Long: Controlling Nonprofit Healthcare Assets In The State Of South Dakota, Damian P. Richard

South Dakota Law Review

No abstract provided.

Agate Outcomes Analysis: Using The Foundation For Sats, Nanette Scarpellini Metz, Brent D. Bowen

Journal of Aviation/Aerospace Education & Research

This study explored the policy implications of a specific jointly funded government-industry-academic research and development initiative on future planning. The researcher sought to uncover what trends or patterns of the National Aeronautics and Space Administration (NASA) Advanced General Aviation Transport Experiments (AGATE) had a positive affect on the outcomes of the consortium. By identifying these trends, the research may be able to help foster a more practical transition to follow-on programs. AGATE focused on developing innovative cockpit technologies that highlighted safety, affordability, and ease-of-use based in such areas as flight systems and integrated design and manufacturing. A quantitative analytic methodological …

Copyright's Communications Policy, Tim Wu

Faculty Scholarship

There is something for everyone to dislike about early twenty-first century copyright. Owners of content say that newer and better technologies have made it too easy to be a pirate. Easy copying, they say, threatens the basic incentive to create new works; new rights and remedies are needed to restore the balance. Academic critics instead complain that a growing copyright gives content owners dangerous levels of control over expressive works. In one version of this argument, this growth threatens the creativity and progress that copyright is supposed to foster; in another, it represents an "enclosure movement" that threatens basic freedoms …

Dynamic Magnetic Effects In Amorphous Microwires For Sensors And Coding Applications, Serghei Sandacci

School of Engineering, Computing and Mathematics Theses

This work is devoted to the study of the dynamic properties of magnetic amorphous wires, in particular, glass-coated microwires, which have small diameters (5-30 microns), outstanding soft magnetic behaviour with a high permeability and low coercivity, yet, possess a well-defined magnetic structure. First part of my PhD research has been devoted to the investigation of a bi-stable magnetisation reversal in glass-coated amorphous microwires. In contrast to traditional approaches, where characteristics of the magnetisation reversal are analysed as a consequence of the eddy current effect, l have applied stochastic methods for modelling the remagnetisation reversal in the microwires with axial anisotropy. …

Staff Council Meeting Minutes, Georgia Southern University, Staff Council

Staff Council Meeting Minutes & Agendas

No abstract provided.

Nursing Students' Experiences In Personal Spiritual Formation And In Provision Of Spiritual Care To Patients, Beverly Jane Cobb

Dissertations

Problem. Nursing professionals acknowledge that (a) spiritual care is part of holistic care, and (b) nursing education about spiritual care of patients is inadequate. Evidence points to the importance of personal faith and spirituality in order for the nurse to more effectively render spiritual care to patients. Enhancing knowledge about how nursing students learn spiritual care can benefit nursing education and, ultimately, patient care. This study explored how students with high faith maturity provided spiritual nursing care to patients.

Method. This study engaged phenomenological methods with a study population selected from two faith-based educational institutions. A total of 187 nursing …

Administrator Perceptions Of Internet-Based Distance Education In Adventist Colleges And Universities : A Mixed-Method Study, Pamela K. Cress

Dissertations

Problem . The quality of Internet-based distance education (IBDE) will increasingly become the standard by which students choose a program as higher educational options multiply due to the dramatic growth in distance education. A system-wide examination of perceptions of IBDE in Adventist highereducation is important to administrators for future institutional strategic planning purposes, systemic adoption of policies and practices that promote excellence, and identifying collaborative efforts.

Method . This was a sequential exploratory mixed-method study of the perceptions of administrators on IBDE. It was conducted collaboratively with Susan Smith who examined teacher perceptions. Data were collected for both studies from …

The Improv Church : A Qualitative, Theoretical, And Interdisciplinary Explanation Of Its Appeal To Collegians, Karl Haffner

Dissertations

The college years often represent the time when young people drop out of church. The reasons vary. One of the factors in a decision to abandon church is that college students feel many traditional churches are irrelevant. Conventional methods of pedagogy and communication are typically used. The result is a learning environment that feels stale to many young people.

Some educators are experimenting with new methods of instruction based on advances in learning theories, instructional strategies, and in whole-person learning. The purpose of this study was to consider the Improv Church as a learning environment where these advances in education …

Fundamentals Of Speech, Steelman Library, Steven E. Dendrinos

Syllabus Repository

No abstract provided.

Psychological Sense Of Community In On-Line Learning Environments, Thomas Chris Laughner

Dissertations

Problem. Current literature discusses differences among populations as they relate to face-to-face learning communities. However, no literature exists to determine if these same differences exist in an on-line learning environment. Since community has been closely linked to social and academic integration and success, additional research on whether populations with certain demographics feel the same absence of a sense of community in an on-line environment must be addressed. This study examines differences in psychological sense of community among students based on ethnicity, age, and sex.

Method. A revised Sense of Community Index was administered to students enrolled in at least one …

Instructional Implications Of The Michigan Educational Assessment Program As An Accountability Instrument, Daniel J. Applegate

Dissertations

Problem. In Michigan, early elementary school teachers are held accountable for instructional decisions they made based on the number of children who pass the state standardized reading test, the Michigan Educational Assessment Program (MEAP). Although state officials claim the MEAP can inform instruction, no data are regularly collected to describe reading instructional practices or the relationship between current practices and the percentage of students who pass the MEAP.

Method. Using a survey instrument, this study measured the amount of instructional time Kindergarten through Grade 4 teachers reported that they devoted to the development of 19 different components or activities within …

The Stairway To Heaven: A Critique Of The Evangelical Gospel Presentation In North America, Paul Brent Dybdahl

Dissertations

The topic . This study focuses on the so-called "plan of salvation" or "gospel presentation" that evangelical Christians in the United States present to seekers who want to know how to be saved. There are currently three dominant presentations that are widely employed and emulated. The authors of each are well-known: D. James Kennedy, Bill Bright, and Billy Graham.

The major portion of my study involves a two-stage critique of these dominant evangelical gospel presentations: first, from the perspective provided by communication theory, and second, by comparing the presentations of Kennedy, Bright, and Graham with conversion accounts from Luke-Acts. Essentially, …

Detachment Of Eschericia Coli From Saturated Porous Media In Laboratory Columns, Jessica L. Strauss

Master's Theses and Capstones

Recent studies suggest that bacterial contamination of groundwater is a national health concern in the United States. The movement of bacteria-laden water through soil and aquifer sediments often results in significant removal of bacteria from the aqueous phase, however, elevated concentrations of indicator organisms in drinking water aquifers are often detected and may be due, in part, to the slow release of sediment-associated bacteria. This condition, referred to as tailing, is caused by the detachment of previously attached cells over time, with aqueous concentrations often orders of magnitude below the peak concentration. Extended tailing has often been observed in laboratory …

Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber

Scholarly Works

Why use art to teach lawyering?' Despite divergences in method and intention, the two disciplines overlap. If the prevalence of lawyers in movies, television, literature, and even humor means anything, popular culture remains fascinated with lawyers. Our practices, our ethics, and our professional personae serve as a mine for image and narrative, a target for cultural critique, and a catalyst for expression. Not surprisingly, images of lawyers in cartoons, film, television, and literature offer unique opportunities to teach and explore professionalism. The proliferation of lawyer images in popular culture provides an array of material ranging from career choice to particular …

An End Of Term Exam: Ot 2003 At The United States Supreme Court, Peter B. Rutledge, Nicole L. Angarella

Scholarly Works

This Essay proceeds in two parts. The first part provides the broad overview of October Term 2003. It analyzes current statistics in the size and composition of the Court's caseload and compares those figures to past terms. It also considers the justices' voting patterns and which justices proved to be the "swing" votes, both generally and in particular fields. The second part focuses on the key cases of the Term. It addresses both what the Court decided and what it failed to decide. It critiques those decisions and considers their implications for future doctrinal developments. The Court Consensus offers some …

If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade

Scholarly Works

This Note argues that the Kasky court was correct to recognize that today's commercial speech encompasses communications beyond traditional advertisements about products or services. Corporations are aware that a sizeable number of consumers rely on their statements about their business operations when making investment and purchasing decisions. In order to ensure the accuracy of these statements, and thereby protect the integrity of the market, this speech is properly considered commercial speech.

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt

Faculty Scholarship

Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …

"You Are Entering A Gay And Lesbian Free Zone": On The Radical Dissents Of Justice Scalia And Other (Post-) Queers – [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard Harcourt

Faculty Scholarship

The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The Court's ruling is the coup de grâce to legal moralism administered after a prolonged, brutish, tedious, and debilitating struggle against liberal legalism in its various criminal …

Conferencing: An Exploration Into Connectivity, Content, And Community, Marc Glassman, Michael K. Barbour

Education Faculty Publications

The electronic conference, Bits and Bytes: An Online Symposium on the Evolution of Technology in Education, was a joint initiative of the Faculty of Education at Memorial University of Newfoundland and the Centre for Advanced Placement Education at Discovery Collegiate. The format of this electronic conference (e-conference) was similar to that of an on-site conference, with a call for submissions, a peer-reviewed processing of these proposals, and a presentation of the accepted proposals. However, the participants of this e-conference never met in a specific locale in a synchronous time frame, as is the case with traditional conferences. The authors and …

Laboratory Investigation Of Transport And Treatment Of Chromium In Groundwater At Liwa District, Abu Dhabi, Wali-Ur-Rahman Din Badshah

Theses

Groundwater quality is a critical aspect affecting utilization of this source for certain purposes. In the UAE, utilization of groundwater for domestic purposes is well practiced. While the quality of groundwater at some locations does not permit direct utilization of this source, groundwater, in many cases, is mixed with desalinated water at certain proportion before being disinfected and then distributed to customers.

Groundwater of Liwa aquifer contains high level of Cr(VI) which is believed to originate from natural sources. However, little has been done to investigate the fate of this contaminant. Spreading of chromium to nearby aquifers may render the …