Digital Commons Network^™

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda

University of Michigan Journal of Law Reform

In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum criminal or civil legislative fines as a presumptive due process limit on punitive damage awards. The Article reviews the manner in which courts have implemented the three-guidepost framework for constitutional review of punitive awards laid out by the Supreme Court in BMW of North America, Inc. v. Gore and in State Farm Mutual Automobile Insurance Co. v. Campbell. Finding that courts have struggled to articulate a coherent rationale and methodology for review of such awards, the authors propose a greater reliance on the third guidepost of …

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

University of Michigan Journal of Law Reform

Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …

Gathered Fragments Vol. Xv No. 2

Gathered Fragments

No abstract provided.

Reorganization - 10 Years Later, William W. Hill

Gathered Fragments

No abstract provided.

Chs Board Member Father Kriss Dies At 51

Gathered Fragments

No abstract provided.

Paying The Price Of The Pews, James Garvey

Gathered Fragments

No abstract provided.

All The News That's Fit For Catholics - In German

Gathered Fragments

No abstract provided.

Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu

UC Law SF Journal on Gender and Justice

At this very moment, child laborers are working in unsuitable and hazardous conditions in both developed and developing nations. The adults, who are the main medium for giving voice to the concerns of the child laborers at the international and national levels, have failed. However, there are some promising international instruments whose full and sincere implementation can aid nations to eliminate at least the worst forms of child labor. Concurrently improving and enforcing national laws will help as well. Moreover, the non-governmental organizations should be recognized for being instrumental in keeping the child labor issues as a priority of the …

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

The Mind In The Mind Of The Beholder: Elucidating Relational Influences On Early Social Understanding, Ross Thompson, H. Abigail Raikes

Department of Psychology: Faculty Publications

Relational experiences shape emergent social understanding and two influences deserve particular attention. First, parent-child conversation about shared experiences incorporates both implicit and explicit information about mental states that catalyzes the social construction of understanding, especially in juxtaposition with the child’s direct experience. Second, emotion infuses the contexts and cognitions about social experiences that provoke the child’s constructivist efforts.

S. Fla. Water Mgmt. Dist. V. Miccosukee Tribe, 124 S. Ct. 1537 (U.S.2004), Owen Walker

Water Law Review

No abstract provided.

Highway J Citizens Group V. Mineta, 349 F.3d 938 (7th Cir. 2003), Susan Curtis

Water Law Review

No abstract provided.

Envtl. Prot. Info. Ctr. V. Pac. Lumber Co., 266 F. Supp. 2d 1101 (N.D. Cal. 2003), Kate O. Lively

Water Law Review

No abstract provided.

City Of Arcadia V. Epa, 265 F. Supp. 2d 1142 (N.D. Cal. 2003), Brett Johnson

Water Law Review

No abstract provided.

Ark. River Rights V. Echubby Lake Hunting Club, No. Ca03-389, 2003 Ark. App. Lexis 786 (Ark. Ct. App. Oct. 29, 2003), Aimee H. Wagstaff

Water Law Review

No abstract provided.

Washington County Water Conservancy Dist. V. Morgan, 82 P.3d 1125 (Utah 2003), Robert E. Wells

Water Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2004-2006, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Extracting Oil From Turmoil: The Iraqi Oil Industry And Its Role As A Promising Future Player In The Global Energy Market, Ryan Frei

Richmond Journal of Global Law & Business

No abstract provided.

Type Of Muscle Present In Adult Amphibian Lymphatic Heart Based On The Dna Sequence Of The Myosin Heavy Chain, Maribeth Morral

Honors Theses

Water and plasma are forced from the capillaries into the interstitial fluid. This fluid is useful l as it moves materials between cells. Most of this fluid is collected in the capillarie of a second circulatory system, the lymphatic system. The first function of such a system is returning the excess blood plasma, now o as lymph, that has accumulated in the tissue spaces. Lymph flows from small lymph capillaries into lymph vessels that are similar to veins in having valves that prevent back flow. Lymph vessels collect to lymph nodes, lymph organs, or to the cardiovascular system at the …

From Being To Doing : The Impact Of Modernization On Cultural Values, Cultural Conceptions Of Time, And Effective Leadership, Ryan S. Babiuch

Honors Theses

The foundational constructs of modernization and time conceptions are interdependent. First, I will illustrate and argue that an important relationship exists between modernization, cultural values shifts, and societal conceptions of time. In basic terms, the process of modernization and the motivations for development stimulate shifts in both cultural values and societal understandings·oftime. Second, expounding upon the relationship between modernization, cultural values, and societal conceptions of time, this project will create two different types of interpersonal cultural ethics: an "ethic of being" and an "ethic of doing." The implications of the differences between these two cultural ethics will be explored.

Foremost …

Brief, E. Brandon Bailey

Richmond Journal of Law and the Public Interest

Appellants contend that the Fourteenth Amendment protects marriage as a fundamental right of all persons, regardless of sexual orientation. Therefore, appellants contend that Section 411, under which the clerk of Declaration County circuit court acted in denying appellants' request for a marriage license, must be unconstitutional. Appellants predicate their contentions on Lawrence v. Texas. Unfortunately for appellants, the holdings of Lawrence are too weak a wind to shift the ship of marriage from its historical and legal course. To understand why Lawrence is inadequate for the purpose for which appellants invoke it, the Court must look to the right of …

Brief, Josh Laws

Richmond Journal of Law and the Public Interest

Issue One: Whether Section 411 is constitutional under Lawrence v. Texas?, Issue Two: Whether the right to marry is a fundamental right, protected by the Fourteenth Amendment, that must be extended to all persons regardless of sexual orientation?

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Journal of Law and the Public Interest

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …

Moral Imagination, Joanne B. Ciulla

Jepson School of Leadership Studies articles, book chapters and other publications

Moral imagination provides leaders with insight into others and the world and helps them make moral decisions and form visions. Leaders need imagination to determine the values they embrace and the feelings that these values engender in themselves and others. Leaders use imagination to animate values, apply moral principles to particular situations, and understand the moral aspects of situations. Imagination and moral values are the fundamental components of a vision.

Scoreboards Vs. Mortarboards: Major Donor Behavior And Intercollegiate Athletics, Jeffrey L. Stinson, Dennis R. Howard

All Faculty Scholarship for the College of Business

In an era where intercollegiate athletics departments are increasingly reliant on and successful in obtaining charitable donations, three fundamental questions surrounding charitable contributions to educational institutions were empirically examined. Who gives to educational institutions in support of academic and athletics programs? Does the improved performance of athletic teams influence both types of giving to educational institutions? Does increased giving to athletics have a negative impact on charitable giving to educational programs at the same institution? An in-depth analysis of donor behavior at a major public university revealed that contrary to popular assumption, both alumni and non-alumni made gifts to both …

Influence Of Male Surgical Sterilization On The Copulatory Behavior And Reproduction Of Brandt's Vole, Jianjun Zhang, Zhibin Zhang, Lixing Sun

Biology Faculty Scholarship

The influence of sterilized male on the copulatory behavior and reproduction of Brandt′s vole was studied by using the method of surgical sterilization. Male surgical sterilization did not influence the copulatory behavior of Brandt's vole. Mating times with intact mates and litter size of female Brandt′s voles in male sterilized groups decreased compared with the control groups. The results supported the hypothesis of competitively reproductive interference of sterilized males. Thus, sterilization can be a viable method to control voles.

Influence Of Increasing Number Of Mating Partners On Mating Behaviour And Reproduction In Brandt’S Voles, Jianjun Zhang, Zhibin Zhang, Lixing Sun

Biology Faculty Scholarship

The influence of increasing number of mating partners on the copulatory behavior and reproduction in Brandt’s voles (Microtus brandti) was studied. Compared with the control group of 1 ♂ + 1 ♀, our results showed when increasing only female partners, the mating opportunity was increased in males while decreased in female in the treatment group of 1 ♂ + 2 ♀♀; the mating opportunity of male and female were both decreased significantly in the treatment group of 1 ♂ + 3 ♀♀. When increasing only male partners, male mating opportunity in treatment groups 2 ♂♂ + 1 ♀ …

Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article explores the new model of land use decision-making that is based upon bargaining with the landowner. The fact of a bargain raises the issue of whether such bargaining amounts to “contract zoning” based upon a bilateral contract between the municipality and the landowner, which is largely held to be illegal, or a related form of bargaining, not involving an exchange of promises in the context of a bilateral agreement--“conditional zoning.” Part II of this Article discusses the emergence of the development agreement, which involves a contract with a municipality and the developer under which the developer is assured …

Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.