Digital Commons Network^™

Aviation Insurance Coverage Issues Beware The Renter Pilot, Guy H. Riddle

Journal of Air Law and Commerce

No abstract provided.

Critique Of Siemens V. Schenker: High Court Of Australia Decision 9 March 2004, John O'Reilly

Journal of Air Law and Commerce

No abstract provided.

Cellular Phones On Airplanes - An Idea Not Ready For Take-Off, Heather J. Panko

Journal of Air Law and Commerce

No abstract provided.

Interpretation Of Joint Employer Under The Family And Medical Leave Act - Ninth Circuit Holds An Airline That Contracted With Grounds Crews Is Not A Joint Employer Of Those Workers Under The Fmla: Moreau V. Air France, Jennifer C. Wang

Journal of Air Law and Commerce

No abstract provided.

Public Space Travel - 2005: A Legal Odyssey Into The Current Regulatory Environment For United States Space Adventurers Pioneering The Final Frontier, Spencer H. Bromberg

Journal of Air Law and Commerce

No abstract provided.

Unconstitutional Delegation Of Prosecutorial Discretion In Texas: The Pollution Of Environmental Violation Deterrents., Suzanne M. Jost

St. Mary's Law Journal

The split amongst Texas officials regarding how to address the growing problem of enforcing environmental laws can most clearly be seen in the legislation surrounding environmental crimes. The most notable aspect of the 2003 amendment to the Texas Water Code (TWC) requires permission from the Texas Commission on Environmental Quality (TCEQ) before criminal charges may be brought against permit holders for criminal violations. The purpose of TCEQ’s administrative penalties is to focus primarily on pushing companies into compliance with the code. Yet, the TWC amendment brings the entire spectrum of polluters, from corporate dumpers to individual litterbugs, under its primary …

Backdoor Non-Competes In Texas: Trade Secrets., Ted Lee, Leila Ben Debba

St. Mary's Law Journal

The unpredictability of court decisions on covenants not to compete is an attorney’s nightmare in Texas. The Texas Supreme Court's decision in Light v. Centel Cellular (Light II), holding that trade secrets may serve as independent consideration for a valid covenant not to compete, has only exacerbated the situation. Currently, attorneys and clients alike are at the mercy of judicial unpredictability. Texas courts have managed to muddle their own underlying public policy on covenants not to compete with trade secrets. During the years preceding Light II, Texas courts consistently struck a balance between the legitimate rights of employers to protect …

Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson

St. Mary's Law Journal

Construction is the largest industry in the United States, and some regard the industry as the engine of the nation’s economy. Only the unavailability of unskilled labor can slow the growth of the construction industry in Texas. As such, Texas has welcomed the construction boom and has enacted statutes to accommodate further industry growth. Texas’ first legislative response came in the form of the Residential Construction Liability Act (RCLA). The RCLA alleviated liability for builders incurred under the Deceptive Trade Practices Act (DTPA). In 2003, the Texas Legislature continued to legislate in favor of builders by passing the Texas Residential …

Electronic Discovery: Not Your Father's Discovery., Howard L. Speight, Lisa C. Kelly

St. Mary's Law Journal

This Article examines recent developments in several areas of electronic discovery. It discusses spoliation, cost shifting, form of production, and recent developments in the case law. Additionally, this Article discusses the Texas Rules of Civil Procedure, revisions to the Federal Rules of Civil Procedure and local rules, as well as recommendations of the American Bar Association (ABA) regarding electronic discovery. In Zubulake v. UBS Warburg LLC, I-VI, Judge Scheindlin of the Southern District of New York, set out her vision for the management of electronic discovery. It is a sobering vision, with clarified responsibilities for counsel. Increasing the role of …

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Faculty Articles

Torture as a past and present tool of interrogation in Iraq threatens to undermine the country's struggle towards democracy. In confronting the substantial task of reforming interrogation practices and their public perception, Iraqis may draw valuable lessons from the United States' experience with the constitutional regulation of the admissibility of confessions in criminal cases. After reviewing the constitutional bases relied on by the U.S. Supreme Court to exclude confessions, this Article argues that writing Miranda-like rules into the Iraqi constitution would go far in alleviating the especially coercive environment of custodial interrogation in Iraq and restoring public confidence in the …

A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino

Faculty Articles

No abstract provided.

The In-Home Leisure Education Program For Primary Residential Caregivers Of Adults With Dementia, Kimberly R. Quint

Graduate Research Papers

This research paper will review the literature related to an in-home leisure education program for caregivers of adults with dementia. First, information regarding the significance of in-home care and the potential effects of caring for an adult with dementia will be presented. Next, the various types of caregiver interventions will be explained. Additionally, the benefits of leisure for both caregivers and persons with dementia will be highlighted. The implications for developing an in-home leisure intervention for caregivers of adults with dementia will be identified and an existing at-home recreation program will be described. Finally a proposed methodology for further study …

Could Distributed Curriculum Improve The Itbs Scores Of Non-Proficient Students?, Lesli Lancey-Wensman

Graduate Research Papers

Will the use of a distributed math curriculum improve the outcomes of students who consistently score between the 20th and 30th percentile on ITBS tests? That question and others are addressed in this paper. The purpose of this study was to determine what strategies were being used for math instruction, if those strategies were working for all students, and whether a distributed curriculum would improve the math outcomes of students with disabilities who were not working at their current grade level.

Meeting The Leisure Needs Of The Forth-Coming Baby Boomers: Research And Programming Development, Heather Schantz

Graduate Research Papers

Perceptions and realities to provision of services for senior citizen have begun to emerge. In order for leisure service agencies to succeed with these new perceptions, management practices will have to be altered in order to meet the needs of these populations. The author presents past and present perceptions of senior citizens, leisure programming models and develops a leisure programming model in order to better serve the baby boom population. The purpose of this research project was to evaluate current lifespan models and leisure programming models and determine if community recreation service departments will meet the leisure needs of the …

Effect Of Hardiness On Mental And Physical Health, Angela J. Ziesman

Graduate Research Papers

The impact hardiness had on mental and physical health was examined. Hardiness, a stress resistant personality construct, consists of three interrelated components: commitment, control, and challenge. Numerous studies revealed that hardiness significantly decreased one's disposition toward mental and physical illness. In addition, results indicated that hardy persons are more inclined to utilize transformational coping strategies. Some researchers argued that the hardiness-illness relationship may be confounded by one's level of neuroticism as well as by hardy individuals maintaining better health practices than their non-hardy counterparts. Overall, hardiness was found to serve as a buffer in the face of stressful circumstances, more …

The Success Of Early Reading Interventions, Tammy A. Theroith

Graduate Research Papers

Learning to read means developing decoding skills in order to make meaning out of printed words. To make meaning, the reader uses a number of sources of information that are sometimes called cues. These cues include phonics, syntax (how language is put together), semantics (meaning), schema (background), sight words and others. In order for these words or information to be processed two events must occur. First, the learner must use learned reading strategies, and second he/she has to self-monitor.

Menstrual Dysfunction And The Female Athlete: A Review Of Literature, Allison D. Pohlman

Graduate Research Papers

Despite the fact that elite female athletes are categorized as being the model of optimal health, many are plagued with menstrual dysfunction. Menstrual dysfunction is a very personal, private condition that may show very few outward symptoms; however, with increasing numbers of competitive female athletes several trends have begun to emerge. Focusing specifically on the gynecologic perspective, the most significant problem has been the disruption of the normal menstrual cycle, resulting in 2 delayed puberty, oligomenorrhea, amenorrhea, and decreased bone density or osteoporosis.

Compounding the issues of the disruption of the normal menstrual cycle are the physical and psychological stresses …

Forming Developmental Mentoring Relationships: An Analysis Of Pre-Match Training, Kasee Fuller

Graduate Research Papers

The purpose of this study was to observe the pre-match mentor training session at three Big Brothers/Big Sisters programs in Iowa and determine if the mentors are trained to form developmental relationships with children.

Youth Learning Practices In The Arts: Recognizing Development And Ideal Practice, Jennifer Kennedy

Graduate Research Papers

Youth experience the arts in a number of ways. The arts encompass a variety of mediums including dance, music, drama, and visual arts. Within artistic mediums, the visual arts are regularly experienced by youth, though there are a number of approaches 1 to the practice. Although many art programs within the formal education system are being reduced or cut, most youth regularly experience the visual arts in schools. In addition to formal education, youth experience the arts in out of school programs. Informal art programs include after school programs, community education programs and some limited opportunities in specific fine arts. …

Ay 2004/2005 Meeting Schedule, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2004-09-08, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2004-10-06, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2004-11-03, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2004-12-01, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2005-01-12, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2005-02-02, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Sec Meeting Minutes, 2005-04-06, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Fs Meeting Minutes, 2005-02-16, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2004/2005 Faculty Senate Roster, Faculty Senate

Faculty Senate Archives

No abstract provided.

The Evidence For A Nascent Biotechnology Cluster In Cork, John W. Hobbs

Theses

Over the past 30 years, encouraged by Ireland’s low rate of corporation tax (currently 12.5 %), and active promotion of FDI by the IDA, foreign owned pharmaceutical plants have set up and multiplied in the Cork area. To Ireland’s advantages of a low tax rate, an English speaking population, a pro-business environment and membership of EU, Cork offered the added attractions of a deepwater port and large natural harbour, good freight connections, an international airport, an educated workforce and excellent sporting and leisure facilities for sailing, golf, etc. (Pfizer, Eli Lilly, Novartis, GlaxoSmithKline, Johnson & Johnson and Schering Plough have …