Digital Commons Network^™

The Effect Of A Harmless Error In Executing A Will: Why Texas Should Adopt Section 2-503 Of The Uniform Probate Court., Sean P. Milligan

St. Mary's Law Journal

Often, the validity of a will is called into question in situations where the testator failed to execute the will in compliance with statutory formalities, although the intent to create a will was present. In Texas, harmless errors in the execution of a will are not excused, and the testator must comply with the statutory formalities set out in the Probate Code. Strict judicial adherence to statutory formalities leads to unjust results in situations where it is relatively clear that the testator intended to create a will but failed to comply with the execution requirements. The failure to comply with …

Securing One's Fourth Amendment Rights Through Issue Preclusion: Assessing Texas's Application Of Collateral Estoppel To Multiple Suppression Motions Filed In Separate Courts., Garrett T. Reece

St. Mary's Law Journal

This Comment will assess the split in Texas courts over the issue of collateral estoppel’s application in different motion to suppress hearings. By placing collateral estoppel within the confines of the Double Jeopardy Clause, federal law essentially extinguished one form of collateral estoppel and invented another form of the doctrine. Remnants of both forms are still alive, however, and Texas is one state in which both forms of collateral estoppel may be invoked in a criminal proceeding. Part II provides a historical analysis of the exclusionary rule, Double Jeopardy Clause, and collateral estoppel’s rise in criminal court. Part III addresses …

Legal Online Marketing Issues: The Opportunities And Challenges, Michael T. Zugelder

Finance Faculty Publications

This chapter will review several emerging issues associated with e-marketing from the perspective of Web sites including intellectual property, information management, and contracting. E-marketers in the years to come should not only consider the growing e-marketing opportunities but also be cognizant of the growing body of law governing marketing online. While the future may be bright and uniformity and fairness may prevail, current domestic and global law facing e-marketers is varied and the potential basis for liability. The law must be considered wherever e-marketers direct their efforts.

The European Union, Immigration And Inequality: “Albanian” Labor In The Political Economy Of Rural Greece, Christopher M. Lawrence

Dissertations, Theses, and Capstone Projects

Many early studies of globalization hypothesized a withering away of thee nation-state as a significant arena for the production of identity and social regulation. From this perspective the persistence of nationalism and resurgence of neo-racism in Europe have often been seen as a futile rear-guard defense by downwardly mobile classes or class fractions. More recent studies have suggested that rather than fading away, the nation and state have been undergoing a process of re-articulation. However, exactly how the nation and state are being re-articulated, and the implications of this process for our understanding of nationalism and national identity formation, are …

By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

Articles

Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …

Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini

Articles

This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

Articles

Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …

Memory And Pluralism On A Property Law Frontier, The Contested Landscape Of New Mexico's Costilla Valley, Gregory A. Hicks

Articles

This article describes the decades-long dispute between Hispano settlers of the Costilla Valley in northern New Mexico's Sangre de Cristo Land Grant and the succession of entrepreneurial owners of the grant during the late nineteenth and early twentieth centuries. Through the U.S. Freehold Land and Emigration Company and its successors, the new Dutch and American owners sought to replace patterns of land and resource use developed during the Mexican period with patterns of use intended to support Anglo colonial settlement and intense development of the region's natural resources. The Dutch and American owners faced continuing resistance from the area's Hispano …

Doe V. Nelson: The Wrongful Assumption Of Gubernatorial Plenary Authority Over The Pardoning Process, Eric R. Johnson

South Dakota Law Review

No abstract provided.

Pierre Pressure: Legislative Elections, The State Constitution, And The Supreme Court Of South Dakota, Ronald A. Parsons Jr.

South Dakota Law Review

No abstract provided.

An Absence Of Punishment And Custody Lead To An Absence Of Credit: Closs V. South Dakota Board Of Pardons And Parole, Hilary Williamson

South Dakota Law Review

No abstract provided.

The Relationship Between Candidate Sex And Pronoun Usage In A Louisiana Governor's Race, Mary Lynne Gasaway Hill

Faculty Publications

This study explores the usage of pronouns in two political debates by ten candidates (seven "1ale, three female) in the 1995 Louisiana governor ·s race. The purpose of the study was to exa,nine whether patterns associated with "1ale and fe"1ale pronoun usage held in an environment where males and fe"1ales had the same comrnunicative needs. Proforms were exa"1ined to deterrnine if they were functioning inclusively (speaker including the addressee), a pattern associated with female usage, or exclusively (speaker excluding the addressee), a pattern associated with "1ale usage. The results of statistical testing found that the relationship between the male candidates …

Passive Decisions And Potent Defaults, James J. Choi, David Laibson, Brigitte C. Madrian, Andrew Metrick

Faculty Publications

Default options have an enormous impact on household choices. Such effects have now been extensively documented in the literature on 401(k) plans (Madrian and Shea 2001; Choi et al. 2002b, 2004). Defaults have been shown to affect participation, savings rates, rollovers, and asset allocation. For example, Choi et al. (2004) study three firms that use automatic enrollment. When employees at these firms are automatically enrolled in their 401(k) plan, only a tiny fraction opt out, producing participation rates exceeding 85 percent regardless of tenure. But when employees at these firms were not automatically enrolled, participation rates were significantly lower, ranging …

Can Individual Investors Beat The Market?, Joshua D. Coval, David A. Hirshleifer, Tyler Shumway

Faculty Publications

We document strong persistence in the performance of trades of individual investors. The correlation of the risk-adjusted performance of an individual across sample periods is about 10 percent. Investors classified in the top performance decile in the first half of our sample subsequently outperform those in the bottom decile by about 8 percent per year. Strategies long in firms purchased by previously successful investors and short in firms purchased by previously unsuccessful investors earn abnormal returns of 5 basis points per day. These returns are not confined to small stocks nor to stocks in which the investors are likely to …

Suicide Attempt And Characteristics Of Religiously Affiliated Puerto Rican Adolescents And Young Adults, Saúl Rivera

Dissertations

Problem. Recent research has identified several risk factors associated with attempted suicide among the general population. Puerto Ricans, in general, and Puerto Rican Seventh-day Adventists (SDAs), in particular, may face unique challenges that are related to their familial, social, and religious environment that may affect the suicidal attempts among this group. Therefore, this study examined family-related factors, history of being abused, religiosity factors, sexuality factors, gender, substance abuse, age, and socioeconomic status factors among a sample of religiously affiliated Puerto Ricans (73.2% SDAs) living on the island.

Methodology. The data for the study came from the Avance PR study. Avance …

Aims Of Education In The Writings Of Ellen White, Erling Bernhard Snorrason

Dissertations

Problem. Ellen White’s educational philosophy and its application to the aims of education have not been systematically or thoroughly addressed within the parameters and demands of a graduate thesis. The present dissertation explores the aims of education, especially the ultimate aims of education, in the writings of Ellen G. White, one of the founders of the Seventh-day Adventist Church, and could be of value in assessing the present Seventh-day Adventist educational enterprise.

Method. This dissertation is a description and an analysis of Ellen White’s concept of education as revealed by her understanding of the aims of education. It is a …

Wendell Berry's Sociological Imagination: Agrarian Values And Good Leadership In A Postmodern Culture, Paul Alan Kaak

Dissertations

Problem. The question guiding my dissertation research was: In what ways do the writings of Wendell Berry, reflecting his sociological imagination, address and advance leadership theory with specific regard for the issue of agrarian values?

Method. I used the writings of Wendell Berry as a modified case study for my inductive, theoretical, exploratory research in a qualitative vein. As I reviewed his writings, I identified his moral ideology and extracted his value-set. Along the way, I observed Berry's use of a method promoted by C. Wright Mills in his book The Sociological Imagination (1959). Since sociological imagination finds …

Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner

Reviews

For centuries, moral philosophers have regarded ethics and justice in the international plane as part of their domain. The move from the personal to the societal or national to the global seems effortless. In recent years, philosophers in ethics have devoted considerable attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits better treatment of an individual’s co-nationals; while those in politics have revisited issues of international justice through, for instance, works on human rights and just war theory. These two bodies of work both address what constitutes a just world and what role the …

Beyond Surrender: Marian Sims, Francis B. Simkins, And Revisionism In Reconstruction South Carolina, David B. Parker

Faculty Articles

Historian Francis Butler Simkins's 1932 book 'South Carolina during Reconstruction' presented one of the earliest revisionist examinations of Reconstruction. Simkins suggested Reconstruction failed because it was not radical enough, and carpetbaggers could have succeeded had they confiscated land and destroyed the South's caste system. Simkins elaborated his views in his 1939 essay in the 'Journal of Southern History,' his paper "The Everlasting South" delivered to the 1946 meeting of the Southern Historical Association, and his 1954 presidential address to the Southern Historical Association. Simkins corresponded with novelist Marian McCamy Sims, who wrote seven novels set among the upper- and middle-class …

The Nature, Function, And Purpose Of The Term Sheol In The Torah, Prophets, And Writings, Eriks Galenieks

Dissertations

The fact that scholars depict Sheol either as the underworld where the dead continue their existence or simply the grave has resulted in contradictory conclusions, fierce polemic, and unremitting disputes. This lack of consensus makes it imperative to justify another approach, which is more comprehensive in its entirety in comparison with the earlier attempts that sought to determine the meaning of the term Sheol mainly by exploring its etymology and various nonbiblical sources.

Unlike the previous studies, this exegetical research systematically examines all the sixty-six references to the term Sheol in the Hebrew Bible by almost exclusively focusing on its …

Proclamation In Cross-Cultural Context: Missiological Implications Of The Book Of Daniel, Sung Ik Kim

Dissertations

This study attempts to explore the biblical foundation ofsalvific mission as revealed in God's purposes for the nations (missio Dei ) in the book of Daniel and to investigate the means that Daniel employed in his ministry as an overt missionary who was sent to witness to God's salvific purpose in the cross-cultural context of heathen kingdoms.

The main objective of this research is to validate the book of Daniel as a missionary document and show that its missiological implications are still relevant to present-day missions. Chapter 2 explores the salvific purpose of missio Dei in the book of …

A Multi-Index Gem Technique And Its Application To The Southwestern Japan/East Sea, Jae-Hun Park, D. Randolph Watts, Karen L. Tracey, Douglas A. Mitchell

Graduate School of Oceanography Faculty Publications

This paper demonstrates a new gravest empirical mode (GEM) technique that constructs multi-index lookup tables of temperature (T) and specific volume anomalies (δ) using historical hydrocasts as a function of three indices: round-trip travel time (τ) from sea floor to the surface, sea surface temperature, and pressure. Moreover, the historical hydrocasts are separated into non-mixed-layer (NML) and mixed-layer (ML) groups, and a single GEM field is constructed for each group. This is called the MI-GEM technique. The appropriate dates for MI-GEM fields are determined by the monthly distribution of the number of NML and …

The Importance Of Expectation Fulfillment On Domestic Violence Victims’ Satisfaction With The Police In The Uk, Amanda L. Robinson, Meghan S. Stroshine

Social and Cultural Sciences Faculty Research and Publications

Purpose – This paper seeks to investigate what victims of domestic violence expect police to do for them, and how these expectations subsequently influence their levels of satisfaction.

Design/methodology/approach – Structured interviews with 222 victims of domestic violence were conducted by staff from an integrated community-based service delivery agency in Cardiff, Wales. Multivariate analyses were performed to reveal the factors that contribute to domestic violence victims' satisfaction with the police.

Findings – Consistent with the expectancy disconfirmation model, results indicate that the most important determinant of satisfaction is the extent to which victims' expectations about police behaviour and demeanour are …

Job Satisfaction And Its Relationship To Organizational And Religious Commitment Among Workers At Northern Caribbean University, Donna Brown

Dissertations

Problem. Recruiting teachers and motivating them to stay in their jobs present a challenge to educational institutions in Jamaica. Given the importance of workers' satisfaction to the health of an organization and the link between job satisfactionand turnover rate, then an examination of job satisfaction at Northern Caribbean University (NCU) is a priority. Based on this background, the primary focus of this study was to investigate job satisfaction and its relationship to organizational and religious commitment among workers at NCU.

Method. This study utilized a quantitative, descriptive research design. A survey questionnaire was sent to all full-time administrators …

Factors Influencing Enrollment Trends In Seventh-Day Adventist Boarding Schools On North America, Jeanette Wright Bryson

Dissertations

Problem. Enrollment is declining in the majority of Seventh-day Adventist boardingacademies in North America, while it is increasing in a few. This study seeks to identify the more important factors related to increasing and declining enrollment trends.

Method. A basic causal-comparative study was conducted involving two groups of Seventh-day Adventist boarding academies, one with an increasing and one with a declining enrollment trend. A survey questionnaire was designed for educators, students, and parents/guardians affiliated with these academies to assess satisfaction and relevant perceptions and to rank the perceived importance of factors influencing enrollment trends, including Academics, Climate, Cost, Facilities, Leadership, …

Apprendi, Blakely And Federalism, Peter B. Rutledge

Scholarly Works

The Clark Y. Gunderson Lecture is a memorial to a man who devoted his life to legal education and spent thirty years teaching at the Law School. It is supported by a trust fund in the University of South Dakota Law School Foundation established principally by Colonel Gunderson's family. Professor Rutledge delivered the 2004 Gunderson Lecture at the Law Review's Symposium on Sentencing and Punishment, which took place at the Law School on November 5, 2004. What follows is an adapted version of Professor Rutledge's lecture.

Perceptions Of Effective Web-Based Design For Secondary School Students: A Narrative Analysis Of Previously Collected Data, Michael K. Barbour

Education Faculty Publications

In this article, I present the findings of a study on the perception of course developers and electronic teachers on the characteristics of effective web-based design for secondary school students. Through interviews, the perceptions of these participants on the use of various web-based components, how to incorporate sound instructional strategies into the web-based material, and the effectiveness of both the asynchronous web-based content and the synchronous delivery of that content are investigated in a virtual high school context.

Applying The Information-Motivation-Behavioral Skills Model Of Hiv- Risk To Youth In Psychiatric Care, Geri R. Donenberg, Rebecca Moss Schwartz, Erin Emerson, Helen W. Wilson, Fred B. Bryant, Gloria Coleman

Psychology: Faculty Publications and Other Works

This study examined the utility of cognitive and behavioral constructs (AIDS in-formation, motivation, and behavioral skills) in explaining sexual risk taking among 172 12–20–year-old ethnically diverse urban youths in outpatient psy-chiatric care. Structural equation modeling revealed only moderate support for the model, explaining low to moderate levels of variance in global sexual risk taking. The amount of explained variance improved when age was included as a predictor in the model. Findings shed light on the contribution of AIDS informa-tion, motivation, and behavioral skills to risky sexual behavior among teens re-ceiving outpatient psychiatric care. Results suggest that cognitive and behavioral factors …

Loyola University Rome Center Yearbook 2004-2005, Loyola University Rome Center

Rome Center Yearbooks

No abstract provided.

Finance Theory And Accounting Fraud: Fantastic Futures Versus Conservative Histories, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Intellectual tension between the fields of finance and accounting may help to explain explosion of public company frauds. Finance theory diminishes the relevance of accounting information. Enron exploited this consequence while the SEC bought into it. After widespread frauds were exposed, Congress passed laws that address symptoms of finance's futurism, not disease. Laws essentially prohibit pro forma financial reporting and regulate the selective flow of futuristic information to financial analysts. Untouched is the underlying disease of regulatory mandates requiring extensive disclosure of forward-looking information. Until the 1970s, the SEC prudently prohibited such futuristic disclosure as inherently unreliable; assisted by finance …