Digital Commons Network^™

Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff

Mercer Law Review

Several decisions rendered by the Georgia Court of Appeals which we discussed (and a few of which we criticized) in last year's survey were further clarified or overruled by the Georgia Supreme Court. As has been the pattern over the years, Georgia courts during this survey period reinforced that when any ambiguity exists in an insurance contract, courts will construe the contract in favor of finding coverage for the insured. However, when no ambiguity exists on the face of the insurance contract, courts will strictly enforce the provisions as written, and will rarely find any public policy preventing enforcement. One …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

The Georgia Supreme Court and the Georgia Court of Appeals decided a number of cases concerning the professional responsibilities of lawyers during the survey period. Those cases concerned attorney discipline, malpractice, bar admission, attorney fees and liens, ineffective assistance of counsel, and judicial ethics and recusal.

Real Property, Linda S. Finley

Mercer Law Review

This Article surveys case decisions and other developments in Georgia real property law during the current survey period (June 1, 2004 through May 31, 2005). The court decisions, legislation, and other information discussed below were chosen for their significance to real property law and, perhaps, their relevance to the day-to-day law practice. Unfortunately, it is not possible to review each important decision due to space limitations. Instead, the author seeks to identify new trends as well as changing law. Perhaps the most important trend in real property law is the criminalization of mortgage fraud relating to residential home loans. The …

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law pronounced by the United States Supreme Court and Georgia appellate courts between June 1, 2004 and May 31, 2005. The cases surveyed fall primarily within six categories: (1) condemnation; (2) nuisance and environmental; (3) zoning and related ordinances; (4) easements; (5) annexation; and (6) restrictive covenants.

Table Of Cases

Mercer Law Review

No abstract provided.

Derungs V. Wal-Mart Stores: Another Door Shut - A Federal Interpretation Excluding Breastfeeding From The Scope Of A State's Sex Discrimination Protection, Katherine A. Macfarlane

Loyola of Los Angeles Law Review

No abstract provided.

The Effect Of Nitrogen Fertilizer Application To Maize And Sorghum On The Bionomics Of Chilo Partellus (Lepidoptera: Crambidae) And The Performance Of Its Larval Parasitoid Cotesia Flavipes (Hymenoptera: Braconidae), N. Jiang, F. Schulthess

All Peer-Reviewed Publications

Laboratory and field trials were conducted to evaluate the effect of plant species (maize, sorghum), plant age (young, middle, old) and four different nitrogen fertilization levels (N0-N3) on the bionomics of the invasive crambid Chilo partellus and the performance of its braconid larval parasitoid Cotesia flavipes. Plant N varied significantly between N0 and N1-N3, but the differences among the latter were not significant. Intrinsic rates of increase and net-reproductive rates of C. partellus followed the same trends: they were lowest with N0 and similar among the other treatments. On maize only, mortality of C. partellus and parasitism by C. flavipes …

Tempest In A Teapot Or Tidal Wave - Cybersquatting Rights And Remedies Run Amok, H. Brian Holland

Faculty Scholarship

The conflict at the heart of cybersquatting is in many ways conceptual. To most of its early inhabitants, the Internet embodied a separate and distinct environment --a territory unto itself. As such, it was thought the online world would stand separate from existing governmental power structures premised on the idea of territorial sovereignty. This separateness placed online actors theoretically beyond the authority of established legal systems, whose validity appeared limited by territorial boundaries and the sovereign-subject relationships occurring in the off-line world. Indeed, what many envisioned was an opportunity to create a self-regulating community existing within the "territory" of the …

Paleoenvironmental Reconstruction Of The Late Cretaceous Eastern Gulf Coastal Plain In Georgia And Alabama, Tracy L. Hall

Theses and Dissertations

The present study reconstructs the regional paleoenvironment (particularly paleoclimate) of the Late Cretaceous Eastern Gulf Coastal Plain of Georgia and Alabama using paleobotanical, paleoecological and geochemical methods in order to evaluate the Late Cretaceous climate of the Southeastern United States, and to add to the body of paleoclimate data for that time. Paleobotanical analysis indicates a terrestrial mean annual temperature (MAT) of about 27°C during the Late Cretaceous, which is considerably warmer than modern terrestrial MAT. Stable oxygen isotope data from molluscan carbonate indicate mean sea surface temperature (SST) of 26.8 °C for the Santonian, 23.5°C for the early Campanian, …

Improving The Quality Of Conceptual Modeling Using Cognitive Mapping Techniques, Keng Siau, X. Tan

Research Collection School Of Computing and Information Systems

Conceptual modeling involves the understanding and communication between system analysts and end-users. Many factors may affect the quality of conceptual modeling processes as well as the models per se. Human cognition plays a pivotal role in understanding these factors and cognitive mapping techniques are effective tools to elicit and represent human cognition. In this paper, we look at the use of cognitive mapping techniques to improve the quality of conceptual modeling. We review frameworks on quality in conceptual modeling and examine the role of human cognition in conceptual modeling. The paper also discusses how human cognition is related to quality …

Smoke And Mirrors: Internalizing The Magic Lantern Show In Villette, Diane Hoeveler

English Faculty Research and Publications

With considerable historical background in mind, I would like to examine a number of the stock gothic tropes, including the mysterious nun, the paintings of women, the theater scene, and the fête in Villette as examples of not simply one of last gasps of high Victorian gothicism, but also of the internalization and critique of gothic theatrical technology. As Castle observes, the "phantasmagoria should [have] become a kind of master trope in nineteenth-century romantic writing," and certainly she applies the representation in provocative ways to the symbols and imagery in Thomas Carlyle's French Revolution. In a similar fashion, I …

Nonrelativistic Qed Approach To The Lamb Shift, Ulrich D. Jentschura, Andrzej Czarnecki, Krzysztof Pachucki

Physics Faculty Research & Creative Works

We calculate the one- and two-loop corrections of order α(Zα)⁶ and α²(Zα)⁶, respectively, to the Lamb shift in hydrogenlike systems using the formalism of nonrelativistic quantum electrodynamics. We obtain general results valid for all hydrogenic states with nonvanishing orbital angular momentum and for the normalized difference of S states. These results involve the expectation value of local effective operators and relativistic corrections to Bethe logarithms. The one-loop correction is in agreement with previous calculations for the particular cases of S, P, and D states. The two-loop correction in the order α²(Zα)⁶ includes …

Disentangling Above‐ And Below‐Ground Competition Between Lianas And Trees In A Tropical Forest, Stefan A. Schnitzer, Mirjam E. Kuzee, Frans Bongers

Biological Sciences Faculty Research and Publications

1. Light is thought to be the most limiting resource in tropical forests, and thus above‐ground competition is commonly accepted as the mechanism that structures these communities. In many tropical forests, trees compete not only with other trees, but also with lianas, which compete aggressively for below‐ground resources and thus may limit tree growth and regeneration.
2. Using a replicated experiment, we tested the relative strengths of above‐ and below‐ground competition from lianas on tree saplings in a disturbed forest in Côte d’Ivoire with a heterogeneous canopy and relatively high light penetration. We planted seedlings of three tree species and subjected them …

Atr-Ftir Spectroscopic Analysis Of Sorption Of Aqueous Analytes Into Polymer Coatings Used With Guided Sh-Saw Sensors, Yolanda K. Jones, Zhonghui Li, Michael M. Johnson, Fabien Josse, Jeanne Hossenlopp

Chemistry Faculty Research and Publications

Attenuated total internal reflectance Fourier transform infrared (ATR-FTIR) spectroscopy was used for the investigation of sorption of aqueous solutions of analytes into polymer coatings. A series of simple model polymers, such as poly(dimethylsiloxane), poly(epichlorhydrin), and poly(isobutylene), and films and analytes, such as aqueous solutions of ethylbenzene, xylenes, toluene, and nitrobenzene, were used to evaluate the use of ATR-FTIR spectroscopy as a screening tool for sensor development. The ratios of integrated infrared absorption bands provided a simple and efficient method for predicting trends in partition coefficients. Responses of polymer-coated guided shear horizontal surface acoustic wave (SH-SAW) sensor platforms to the series …

The Opinion Volume 44 Issue 4 – December 1, 2005, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December, 1, 2005

The Missouri Miner, December 1, 2005

The Missouri Miner Newspaper

No abstract provided.

Combined X-Ray Diffraction And Diffuse Reflectance Analysis Of Nanocrystalline Mixed Sn(Ii) And Sn(Iv) Oxide Powders, Hongmei Deng, Jeanne Hossenlopp

Chemistry Faculty Research and Publications

Nanocrystalline mixtures of Sn(II) and Sn(IV) oxide powders, potential gas sensor materials, are synthesized via a simple precipitation route using SnCl(2) as the precursor. Materials are characterized by powder X-ray diffraction, thermogravimetric analysis, UV-visible diffuse reflectance spectroscopy (DRS), and Fourier transform infrared spectroscopy. The ratio of Sn(II)/Sn(IV) in powders precipitated at room temperature, as well as the identity of the primary Sn(II) product (SnO or Sn(6)O(4)(OH)(4)), can be varied by adjusting aging time and washing procedures. The identity of the initial Sn(II) product influences the subsequent phase composition and degree of disorder in the tetragonal SnO(2) phase obtained following sintering …

Architecture And Execution Model For A Survivable Workflow Transaction Infrastructure, Haraldur D. Thorvaldsson, Kenneth J. Goldman

All Computer Science and Engineering Research

We present a novel architecture and execution model for an infrastructure supporting fault-tolerant, long-running distributed applications spanning multiple administrative domains. Components for both transaction processing and persistent state are replicated across multiple servers, en-suring that applications continue to function correctly de-spite arbitrary (Byzantine) failure of a bounded number of servers. We give a formal model of application execution, based on atomic execution steps, linearizability and a sep-aration between data objects and transactions that act on them. The architecture is designed for robust interoperability across domains, in an open and shared Internet computing infrastructure. A notable feature supporting cross-domain applications is …

The Stochastic Dance Of Early Hiv Infection, Stephen J. Merrill

Mathematics, Statistics and Computer Science Faculty Research and Publications

The stochastic nature of early HIV infection is described in a series of models, each of which captures aspects of the dance of HIV during the early stages of infection. It is to this highly variable target that the immune response must respond. The adaptability of the various components of the immune response is an important aspect of the system's operation, as the nature of the pathogens that the response will be required to respond to and the order in which those responses must be made cannot be known beforehand. As HIV infection has direct influence over cells responsible for …

Citizenship Education In Pakistani Schools: Problems And Possibilities, Bernadette L. Dean

Institute for Educational Development, Karachi

A critical aspect of education that is often overlooked or inadequately addressed is the preparation of school students for citizenship. This paper assesses the current state of citizenship education in Pakistani schools. It draws on the findings of two research studies: an analysis of the social studies curriculum and textbooks and a review of teaching and learning practices in schools. The findings indicate that the curriculum and textbooks do not distinguish between Islamic education and citizenship education and promotes exclusionary and passive citizenship. They also shows that while Pakistani students acquire knowledge and learn some important values in schools, they …

Dialogue: December 2005, Staff And Writers Of Dialogue

Dialogue

01 Dock Jung Hyun (Peter) Nam; 02 Editorial Jennifer Buist; 04 breathe (d) rift Michael J. Brooks; 05 Psalm 8 Melanie Vander Wal; 06 A Backyard Funeral Amy Lewis; 07 Prayer of the Drowned Man Kristofer Nivens; 08 untitled Brad Smith; 09 untitled Joseph Zandstra #7, #10, Jacqueline Klamer; 10 Divan Jennifer Joy Weixler;  11 February Third Emily Ulmer; 12 Matthew3 Daina Carr; 13 Commissioning Melanie Vander Wal; 14 Tattoos Christina Kangas Dang, Bobby! Hope Lane, The Lodestar of my Northern Love Gabriel J. Kruis; 15 Wheelchair Anna Rodenberg; 16 untitled Joe Post; 18 Ophelia's Lament Amy Lewis; 19 WATERROOTS …

The Immorality Of Textualism, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

As a county attorney, I was involved in a zoning case.... One day, ... the judge summoned all of us to his chambers for a conference concerning the case. As we sat around his conference table, his law clerk brought in the accumulated papers in the case. The papers were then placed in two stacks: one stack originating from the landowner's attorneys, and the other from us. The judge then brought out a ruler and measured the two stacks. He then turned to the landowner's attorney and said, "Mr. Attorney, you have exceeded 12 inches. I will receive and consider …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

The Chairman's Advisory Council of the State Board of Workers' Compensation again submitted significant legislation for 2005. Perhaps the most significant amendment to the Workers' Compensation Act concerns the determination of catastrophic designation. If an injury has not already been accepted as a catastrophic injury by the employer, and the authorized treating physician has released the employee to return to work with restrictions, there will be a rebuttable presumption, during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury. In making a determination as to whether an injury is …

Interpretive-Regime Change, Philip P. Frickey

Loyola of Los Angeles Law Review

No abstract provided.

Originalism Vs. Precedent: An Evolutionary Perspective, Theodore P. Seto

Loyola of Los Angeles Law Review

No abstract provided.

Statutory Interpretation And The Intentional(Ist) Stance, Cheryl Boudreau, Mathew D. Mccubbins, Daniel B. Rodriguez

Loyola of Los Angeles Law Review

No abstract provided.

Letting Go Of A National Religion: Why The State Should Relinquish All Control Over Marriage, Amelia A. Miller

Loyola of Los Angeles Law Review

No abstract provided.

United States V. Lifshitz: Warrantless Computer Monitoring And The Fourth Amendment, Shauna Curphey

Loyola of Los Angeles Law Review

No abstract provided.

Eureka - California Strikes Gold With The Claim Of Right Doctrine In Ackerman V. Franchise Tax Board, Richard Delossa

Loyola of Los Angeles Law Review

No abstract provided.