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Evidence, Marc T. Treadwell

Mercer Law Review

During its 2005 session, the Georgia General Assembly passed legislation, commonly known as Senate Bill 3, that will, if upheld by the courts, dramatically impact Georgia's civil justice system. Two provisions of Senate Bill 3 will change Georgia evidence law. The Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1(f), discussed in more detail below, purports to adopt Federal Rule of Evidence 702, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. , and create special rules for expert testimony in medical negligence actions. A new rule for the admission of mistake or error by medical providers …

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.

Drs Quarterly Council Report: Issue 13, Alec Robertson

Quarterly Council Reports

This issue features the Lifetime Achievement Award of Professor Nigel Cross. (This is a shortened version of the address given by Professor David Durling, Chair of Design Research Society, in making the 2005 Lifetime Achievement Award). ICM's contributions from Terry Love -Australia (West), Daniela Buchler of Brazil and Eduardo Corte-Real of Portugal.) are included with Council member reports.

Contents

DRS Lifetime Achievement Award, Professor David Durling: Award Address

International Reports

• Australia (West), Terence Love
• Brazil, Daniela Büchler
• Portugal, Eduardo Corte Real

Other Reports

• Sue Walker
• Bob Jerrard (DRS Membership Secretary)

Miscellaneous

Database Support For Research In Public Administration, J. Cory Tucker

Library Faculty Research

This study examines the extent to which databases support student and faculty research in the area of public administration. A list of journals in public administration, public policy, political science, public budgeting and finance, and other related areas was compared to the journal content list of six business databases. These databases included ABI/INFORM, Business Source Premier, General Business File, Academic Search Premier, Expanded Academic Index, and International Academic Research Library. The results show that Expanded Academic Index, Business Source Premier, and International Academic Research Library have the most comprehensive holdings of public administration journals.

Introduction, Ellen P. Aprill, Nancy Staudt

Loyola of Los Angeles Law Review

No abstract provided.

The Interpretive Voice, Ellen P. Aprill

Loyola of Los Angeles 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 …

Asthma Management Programs In Managed Care Organizations, Christine W. Hartmann Mss, Phd, Vittorio Maio Pharmd, Ms, Neil I. Goldfarb, Nicole M. Cobb Maom, David B. Nash

College of Population Health Faculty Papers

The aim of this work was to investigate how managed care organizations (MCOs) currently approach asthma treatment and management and to determine factors affecting asthma outcomes. A Web-based survey was administered to a national sample of 351 medical directors of MCOs to investigate the asthma management program components in their organizations as well as gaps and barriers in the management of patients with asthma. All 134 (38.2%) responding medical directors reported that their organizations monitor asthma patients. Plans use a variety of asthma management activities, including general member education (90%), member education by mail (87%), self-management education (85%), and provider …

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 …

Smooth Muscle Adherens Junctions Associated Proteins Are Stable At The Cell Periphery During Relaxation And Activation, Thomas J. Eddinger, Jessen D. Schiebout, Darl R. Swartz

Biological Sciences Faculty Research and Publications

This study was performed to determine the stability of the adherens junction (AJ)-associated proteins at the smooth muscle cell (SMC) plasma membrane during relaxing and activating conditions. Dog stomach, ileum, colon, and trachea tissues were stored in Ca²⁺-free PSS or regular PSS or were activated in 10 μM carbachol in PSS before rapid freezing. The tissues were subsequently sectioned and immunoreacted using antibodies for vinculin, talin, fibronectin, and caveolin to determine their cellular distribution in these tissues under these conditions. In all four tissues and under all three conditions, the distribution of these four proteins remained localized to …

Human-Centric International Law: A Model And A Search For Empirical Indicators, John King Gamble, Charlotte Ku, Chris Strayer

Faculty Scholarship

This Article is the result of the authors' application of an explicit model of the evolving international legal situation and an empirical test using multilateral treaties. The authors examine all the multilateral treaties signed over the last 350 years, about 6000 treaties, and discuss the "humanization" of international law.

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 …

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

From Self-Sufficiency To Personal And Family Sustainability: A New Paradigm For Social Policy, Robert Leibson Hawkins

The Journal of Sociology & Social Welfare

Current social policy that affects welfare recipients focuses on the concept of "self-sufficiency" where leaving welfare for work is the goal. While this approach has reduced welfare rolls, it has not necessarily helped low-income people improve their economic, educational, or social outlook. This paper suggests that the concept of Personal and Family Sustainability (PFS) may be a better way to evaluate and direct social policy. A definition of PFS is developed from the environmental and community development roots of sustainability and four domains for creating PFS indicators are introduced.

Newsletter Catholic Deaf Of Detroit, December 2005

Newsletter Catholic Deaf of Detroit

A newsletter published for Deaf Catholics in Detroit, MI

Newsletter Catholic Deaf of Detroit Finding Aid

New Bodies, Ancient Blood: “Purity” And The Construction Of Zápara Identity In The Ecuadorian Amazon, Maximilian Viatori

Tipití: Journal of the Society for the Anthropology of Lowland South America

In this article, I explore how the Zápara in Amazonian Ecuador stress the biological side of their bodies, particularly the “purity” of their blood, as an indicator of the uniqueness of their identity. In order to imagine themselves as distinct from their Kichwa neighbors—with whom they share similar cultural and linguistic practices—Zápara assert that the essence of their difference resides in their blood, which links them in an unbroken continuum to their precontact ancestors. I argue that this new focus on blood purity represents a shift from cultural practices—speaking Zápara—to bodily attributes—having “pure” Zápara blood—as the primary basis for Zápara …

Review Of Perspectives On The Economics Of Aging. David A. Wise (Ed.). Reviewed By Martin B. Tracy., Martin B. Tracy

The Journal of Sociology & Social Welfare

Book review of David A. Wise (Ed.), Perspectives on the Economics of Aging. Chicago, IL: University of Chicago Press, 2004. $90.00 hardcover.

Intern Self-Care: An Exploratory Study Into Strategy Use And Effectiveness, Joseph A. Turner, Lisa M. Edwards, Iverson M. Eicken, Kayoko Yokoyama, Jennifer R. Castro, Amber Ngoc-Thuy Tran, Kristee L. Haggins

College of Education Faculty Research and Publications

In this exploratory study, 363 interns were surveyed to assess the frequency of use and effectiveness of self-care strategies used during the internship year. Among the most frequently used strategies were family and friend social support, active problem solving, and humor. The most effective strategies were family and friend social support, seeking pleasurable experiences, and humor. A strong positive relationship was found between total scores for Frequency and Effectiveness subscales, and women reported significantly more use and effectiveness of strategies. Recommendations and resources are provided for interns and internship sites that seek to further understand and encourage intern self-care.

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 …

Cal Poly Magazine, Winter 2005

Cal Poly Magazine

No abstract provided.

Women’S Representation And Status In Law Enforcement: Does Calea Involvement Make A Difference?, David Burlingame, Agnes L. Baro

Peer Reviewed Publications

This study’s objective was to determine if involvement in the Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation process will have a significant, positive effect on the representation of sworn women in large police agencies at all organizational levels and on the representation of women of color as a percentage of the total workforce. This study compared 193 large (100 or more sworn personnel) non-CALEA agencies with 201 large CALEA agencies. Results of this research suggest that there are significant differences between CALEA and non-CALEA agencies and that involvement in the CALEA accreditation process appears to encourage and facilitate …

Encouraging A 'Barrier-Free Built Environment' In A Malaysian University, H. Hussein

Research Publications (2000 to 2005)

A good pedestrian network around the campus should be accessible and friendly for all users including disabled persons. The environment should offer some activity nodes to ensure that the learning and working in campus is more pleasant. The paper will clarify the importance of collaborative development among various professionals and organisations in order to achieve a 'barrier-free built environment', focusing on the University of Malaya as a case study. It will share experience on the education of inclusive design for students who will become professionals and responsible in implementing the legislation relating to safety, accessibility and usability of the built …