Digital Commons Network^™

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Articles

This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …

De Novo Review In Deferential Robes?: A Deconstruction Of The Standard Of Review Of Evidentiary Errors In The Federal System, Peter Nicolas

Articles

Although the labels have changed, the name of the appellate game is still the same. For any given type of error in admitting or excluding evidence, one needs to determine whether review is discretionary or deferential. The purpose of this Article is to parse each of the rules of evidence to determine which types of claimed errors are entitled to de novo review, which are entitled to clear error review, and which are entitled to traditional abuse of discretion review. By "type" of error, this Article does not mean to refer to such large categories as "hearsay," "best evidence," "relevance," …

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 …

Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams

Faculty Scholarship

No abstract provided.

Transfrontier Conservation Areas Of Southern Africa And International Law In The Context Of Community Involvement, Randy J. Tanner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

North River Lake, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

A Model For When Disclosure Helps Security: What Is Different About Computer And Network Security?, Peter P. Swire

Colorado Technology Law Journal

No abstract provided.

Coastal Lakes Aquatic Plant Survey Report, Mary Pfauth, Mark Sytsma

Center for Lakes and Reservoirs Publications and Presentations

Invasive, non-indigenous plants can degrade water quality and fish habitat when they invade lakes, ponds, and streams. Changes in plant community architecture in lakes due to invasion by canopy-forming invasive aquatic plants can result in loss of native plant biodiversity and reduction of the structural complexity of the underwater habitat. Differences in photosynthetic biochemistry between non-indigenous and native plants can result in large diurnal pH and dissolved oxygen concentrations.

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 …

Against Chevron - A Modest Proposal, William R. Andersen

Articles

This Article proposes a short amendment to § 706 of the Administrative Procedure Act (APA), which is intended to effectively abolish the Chevron doctrine. The solution will not end all debate on these important issues. It will, however, put the decisions and discussions on a sounder basis, leading to improved decisions and more predictability. The proposal is based on three principles whose validity cannot seriously be questioned.

First, the Rule of Law requires that professionals attend seriously to doctrinal sets marked by bewildering inconsistency and its resulting unpredictability. Whatever components one includes in the concept of Rule of Law, surely …

Comparative Productivity Of Five Cool-Season Pasture Grasses Under Intermittent Flood Irrigation Grazed By Beef Cow-Calf Pairs Using Management Intensive Grazing Practices, Dale Zobell, Ken Olson, Randall Wiedmeier

All Current Publications

Utah State University is engaged in studies to determine management practices that can be employed under intensive irrigated pasture to increase productivity and viability of beef and dairy producers in Utah. One of these initiatives was a study comparing five cool-season grasses grazed by beef cow-calf pairs over a 4-year period.

Introduction To The Concept Of A "Symmetry Index" For Use In The Assessment Of Biface Production Goals Illustrated Using Lithic Materials From The Avon Site (24pw340) Powell County Montana, Raven Garvey Carper

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Subhousepit 3: Assessing The Role Of A Small Semisubterranean Mat Lodge In Late Plateau Horizon Settlement Strategies, Lucille E. Harris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Nonprofits And Data: A How-To Series #1 - Using Data To Support Grant Applications And Other Funding Opportunities, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

2004 Executive Compensation In Nonprofit Organizations Of West Michigan, The Johnson Center

Research, Reports, and Publications

No abstract provided.

Natural Resources Policy In The Bush (Ii) Administration: An Outsider's Somewhat Jaundiced Assessment, John D. Leshy

Faculty Scholarship

No abstract provided.

Energy Policy And Climate Change : A Comparison Of American And European Energy Policy, Meagan M. Conry

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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 …

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 …

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 …

Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo

Articles

Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …

The Supreme Court's Complicity In Federal Circuit Formalism, Timothy R. Holbrook

Santa Clara High Technology Law Journal

No abstract provided.

The Scope Of Protection For Patents After The Supreme Court's Warner-Jenkinson Decision: The Fair Protection - Certainty Conundrim, Donald S. Chisum

Santa Clara High Technology Law Journal

No abstract provided.

Biotechnology: Highlights Of The Science And Law Shaping The Industry, Linda R. Judge

Santa Clara High Technology Law Journal

No abstract provided.

1984 And Beyond: Two Decades Of Copyright Law, Tyler T. Ochoa

Santa Clara High Technology Law Journal

No abstract provided.

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Santa Clara High Technology Law Journal

No abstract provided.

The Polymerase Chain Reaction (Pcr): The Second Generation Of Dna Analysis Methods Takes The Stand, Kamrin T. Macknight

Santa Clara High Technology Law Journal

No abstract provided.

Domain Names, The Internet, And Trademarks: Infringement In Cyberspace, Gayle Weiswasser

Santa Clara High Technology Law Journal

No abstract provided.

The Internet Revolution, Raymond Ku

Santa Clara High Technology Law Journal

No abstract provided.