Digital Commons Network^™

Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2005 and May 31, 2006. As in prior years, the cases discussed are divided into five categories: (1) contracts, (2) torts, (3) mechanics and materialmen's liens, (4) arbitration, and (5) miscellaneous. Recent legislation is highlighted and summarized in Section VI, including a brief overview of the General Assembly's substantial revisions to Georgia's "Right to Repair" Act, the mandatory alternative dispute resolution framework that the legislature put in place in 2004 for residential construction defect claims in Georgia.

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2005 through May 31, 2006. The cases include those that the Georgia Supreme Court heard on interim appeal, direct appeal, and on review of habeas corpus decisions. Two recent decisions of the United States Supreme Court are also included because of their relevance to Georgia death penalty law. While there have been recent significant statutory changes affecting capital litigation in Georgia, those changes are beyond the purview of this Article and therefore will not be discussed. Likewise, holdings in capital cases that are common to …

Local Government Law, R. Perry Sentell

Mercer Law Review

In the early 1950's, condemnation was rare and political suicide. A popular limited access road was being delayed by a farmer. When the State survey crew showed up, the farmer was standing at a fence with his shotgun. He never moved, but the survey crew would not go beyond the fence.

After the Attorney General, District Attorney, and Sheriff failed, the assignment devolved to the County Attorney. I walked up to the fence. "John, we have known each other a long time." "You take one step further," replied the farmer, "and we will not know each other for a longer …

Real Property, Linda S. Finley

Mercer Law Review

This Article discusses case law and legislative developments in Georgia real property law from June 1, 2005 through May 31, 2006. The cases and legislation discussed here were chosen at times for their significance to real property law or to update attorneys who either regularly or from time to time practice or render opinions regarding real property, and at times simply for their unusual or thought-provoking facts.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes the significant Georgia cases and legislation from the period of June 1, 2005 through May 31, 2006 that pertain to Georgia fiduciary law. Specifically, the Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.

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

Mercer Law Review

There was minimal legislation during the 2006 term of the Georgia General Assembly that impacted workers' compensation. In fact, most of the legislative changes could be characterized as general housekeeping measures. For example, Official Code of Georgia Annotated ("O.C.G.A.") section 34-9-104 was changed to make its wording consistent with that found in other sections of the Workers' Compensation Act. The mandate that the employee shall receive notice from the employer was changed to provide that the employer shall send notice to the employee. The time limit for submitting mileage expenses was clarified as running one year from the date that …

Into The Labyrinth:Excursions And Applications For Creative Process, Janice M. Francisco

Creativity and Change Leadership Graduate Student Master's Projects

This project surveyed, analyzed and organized implicit references to creativity in labyrinth literature to assess the validity and context within which the labyrinth could be used as a creativity tool to facilitate creative change. The work discovered explicit links to the creativity concepts, processes/tools, models, and outcomes required to facilitate creative, transformational change. Implications for future studies suggest the opportunity to qualify and quantify the increased effect on creative production when Creative Problem Solving techniques are applied to the labyrinth experience; the ability to generate “in-the-moment” benefits of incubation, and the placement of the labyrinth within the full repertoire of …

Curious About Curiosity?, Sharon Walsh

Creativity and Change Leadership Graduate Student Master's Projects

There is a strong connection between creativity and curiosity. Curiosity is the foundation for creative people, creative process, and creative environment to foster innovation. To evaluate how curiosity stimulates creativity, this project explored the nature of curiosity and the role in creativity. The heart of this project is a review of literature, showing how psychological research has explored curiosity, and the application of curiosity as a central element in personal and business success. This literature review also unveils the key barriers to curiosity and how to overcome them using a variety of techniques.

Reality Check For Production Companies: Why Writers On Reality Television Are Entitled To Overtime Pay, Alexis Miller

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Rethinking Dred Scott: New Context For An Old Case, Austin Allen

Chicago-Kent Law Review

Scholars have misunderstood the context in which Dred Scott emerged. Leading historical interpretations of the decision have relied too heavily on accounts developed by antebellum Republicans and on mid-twentieth-century legal theory. This article offers an alternative account of Dred Scott's origins and argues that the decision emerged from a series of unintended consequences resulting from the Taney Court's efforts to incorporate a Jacksonian vision of governance into constitutional law. By 1857, this effort had generated tensions that made a sweeping decision like Dred Scott nearly unavoidable. The inescapable nature of Dred Scott carries implications for constitutional theorists, especially those …

The "Beautiful Death" In The Smith Family, Samuel Brown

BYU Studies

Despite thoughtful attempts by Douglas Davies to situate death at the center of the Mormon “culture of salvation,” the exploration of death in early Mormonism has been somewhat limited to date, particularly as it relates to the Smith family and the earliest years of Mormonism. Against this relative silence stands the testimony of the Smiths themselves, who were deeply concerned with questions of mortality. Joseph Smith was unequivocal on this point during his 1843 funeral sermon for James Adams: “All men know that all men must die. What is the object of our coming into existence then dying and falling …

Joseph Smith: The Making Of A Prophet. By Dan Vogel, Kyle R. Walker

BYU Studies

Dan Vogel. Joseph Smith: The Making of a Prophet. Salt Lake City: Signature Books, 2004.

Full Issue, Byu Studies

BYU Studies

No abstract provided.

Editors' Notebook, North American Birds

North American Birds

No abstract provided.

Issues During The Inversion Of Crosshole Radar Data: Can We Have Confidence In The Outcome?, William P. Clement

Geosciences Faculty Publications and Presentations

One method of assessing the confidence in modeled features is to compare the results from different inversion schemes. I use synthetic traveltimes calculated from a model of an unconfined aquifer to determine the reliability of crosshole tomography. I compare the inverted models from straight and curved ray approximations to wave propagation. I investigate the effects of added random noise, regularization, the starting model, and the reference model on the curved ray inversion method. I also investigate the effects of different grid sizes for the forward model and of limited ray coverage through the earth model. Understanding the effects of these …

Oxpat/Pat-1 Is A Ppar-Induced Lipid Droplet Protein That Promotes Fatty Acid Utilization, Nathan E. Wolins, Benjamin K. Quaynor, James R. Skinner, Anatoly Tzekov, Michelle A. Croce, Matthew C. Gropler, Vijayalakshmi Varma, Aiwei Yao-Borengasser, Neda Rasouli, Philip A. Kern, Brian N. Finck, Perry E. Bickel

Clinical and Translational Science Faculty Publications

Lipid droplet proteins of the PAT (perilipin, adipophilin, and TIP47) family regulate cellular neutral lipid stores. We have studied a new member of this family, PAT-1, and found that it is expressed in highly oxidative tissues. We refer to this protein as "OXPAT." Physiologic lipid loading of mouse liver by fasting enriches OXPAT in the lipid droplet tissue fraction. OXPAT resides on lipid droplets with the PAT protein adipophilin in primary cardiomyocytes. Ectopic expression of OXPAT promotes fatty acid-induced triacylglycerol accumulation, long-chain fatty acid oxidation, and mRNAs associated with oxidative metabolism. Consistent with these observations, OXPAT is induced in mouse …

Cave Talk, December 2006, Susan Berdeaux

Cave Talk

Contents: Message from the President -- Caverns of Sonora “Butterfly” Formation Vandalized! -- Cave Radiation Management Plan -- “Radon” Be Gone! -- NCA Insurance Committee Update -- Redistricting of the NCA -- Membership Committee Update -- 5th ISCA Congress - Bermuda -- President Brad Heads South -- CaveTalk -- Gift Show Update -- Upcoming Gift Shows -- 2007 NCA Convention Update -- Outdoor Advising Committee Update -- NCA Joins OAAA -- Midwinter Meeting -- Brochure Cover Change -- NCA Website Update -- Still in the Family -- in Print -- ACKMA -- NSS News -- Awards -- IRS Sets Business …

Establishing National Access And Benefit Sharing Regimes To Protect Biodiversity: A Developing Country Perspective, G.S. Nijar

Research Publications (2006 to 2010)

No abstract provided.

What Was Taney Thinking? American Indian Citizenship In The Era Of Dred Scott, Frederick E. Hoxie

Chicago-Kent Law Review

Historians have often noted that Chief Justice Taney's decision in Dred Scott juxtaposed a denial of African American rights to citizenship with an assertion that Native Americans could obtain that status. Explaining this apparently inconsistent description of two racial minority groups requires an examination of the history of Native American classification in the law prior to 1857. This article argues that political leaders and judges of Taney's generation were committed to the removal of Indian tribes from eastern states and commonly proposed this removal as a choice between migrating west or dissolving tribal governments in order to remain in the …

Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland

Chicago-Kent Law Review

One distinctive feature of the Dred Scott decision for modern readers is the extent to which the Supreme Court Justices looked to foreign and international law in support of their decisions. The legal status of a slave who entered a free jurisdiction was a question that had been confronted by many courts at home and abroad, and international law had played an important role in American and European adjudication of slavery questions. The Justices therefore were confronted with the strikingly modern question of the extent to which U.S. law embraced, or distinguished itself from, foreign practice. Arguments from foreign and …

Signed General Releases May Be Worth Less Than Employers Expected: Circuits Split On Whether Former Employee Can Sign Release, Reap Its Benefit, And Sue For Fmla Claim Anyway, Muniza Bawaney

Chicago-Kent Law Review

A circuit split has recently developed regarding the correct interpretation of 29 C.F.R. § 825.220(d), a regulation issued pursuant to the Family and Medical Leave Act of 1993, which states in pertinent part, "Employees cannot waive, nor may employers induce employees to waive, their rights under FMLA." The Fifth Circuit correctly concluded that 29 C.F.R. § 825.220(d) bars only the prospective waiver of substantive rights under the FMLA and does not reach the post-dispute release or settlement of FMLA claims. Subsequently, the Fourth Circuit alternatively concluded that § 825.220(d) prohibits the prospective and retrospective waiver or release of both the …

Proteome Analysis Of Pseudomonas Putida Kt2440 Using 2d Gel Electrophoresis And Lc/Esi-Q-Tof Mass Spectrometry, Archana Pandey

Theses

The proteome can be defined as the complete set of global protein expression by an organism at any given time. It is this gene expression rather than genome itself that is responsible for most of the reactions taking place within a cell. Tools such as two-dimensional polyacrylamide gel electrophoresis (2D-PAGE) and mass spectroscopy (MS) are often utilized for the analysis and identification of the proteins that constitute the proteome. This thesis provides a general overview of proteomics and describes the underlying processes, mechanisms and technologies associated with modern proteomic analysis with specific emphasis on the use of electrospray ionization time …

Ut Arlington Library Notes, V.12, No.2, Fall 2006, University Of Texas At Arlington Library

UT Arlington Library Notes

Former publication of the UT Library intended to foster community support and appreciation for Library Programs and services and to spotlight grants and contributions. It was published during the 1990s and 2000s.

The Lived Experiences Of Two Teachers Working In A Charter School Using A Comprehensive School Reform Model, Margaret Frisby Carlson

Theses and Dissertations

No abstract provided.

Michelman As Doctrinalist, Gregory S. Alexander

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.

Analysis Of Implementing Inclusion In A Local School District, Faith Deborah Thomas

College of Graduate Studies: Theses & Dissertations

The researcher's purpose was to conduct an analysis of the implementation of an inclusion program in three schools in a southeastern Georgia school district. The sample consisted of two elementary schools and one middle school. One elementary school was implementing inclusion for the first time and consisted of 586 students with 50 staff members serving a mixed population, racially, economically, and socially. The second elementary school consisted of 504 students with 50 staff members serving a mixed population, but with a slightly higher economic and social status than the previously mentioned elementary school. This school was attempting to implement inclusion …

Flyer News, Vol. 54, No. 18 (Dec. 1, 2006), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton

Historical Status Of The Ivory-Billed Woodpecker Campephilus Principalis In Ohio, Benjamin E. Leese

Ohio Cardinal

No abstract provided.

L'Islam En Termes Chrétiens : Quand L’Aventure Ambiguë « Croise » Pascal Et Saint Augustin, Mbaye Diouf

Présence Francophone: Revue internationale de langue et de littérature

If it is recognized that The Ambiguous Adventure is one of Africa’s most studied texts, it should also be noted that most analyses of Cheikh Hamidou Kane’s novel are general sociological commentaries on a mythologized Africa or on a society that is caught in the snares of its own mythic “values.” These commentaries often forget that the text is also the passage through a history that was imposed on Africa, and one which the writer tries to interpret in his own way. If Kane’s text plunges into the Christian faith by invoking Pascal and Augustine, it is in order to …

Modeling Bus Priority Using Intermodal Dynamic Network Assignment-Simulation Methodology, Khaled F. Abdelghany, Ahmed F. Abdelghany, Hani S. Mahmassani, Akmal S. Abdelfatah

Journal of Public Transportation

This article presents a modeling framework that represents bus priority at signalized intersections in the context of its potential network-level and intermodal effects. The model incorporates bus priority within an intermodal dynamic traffic assignmentsimulation model. It dynamically assigns travelers to different modes and routes in the network according to prevailing traffic conditions, which result from applying a certain network control/bus priority scheme. The model considers changes in traffic conditions as a result of (1) drivers’ route choice adjustments due to changes in traffic signals settings and (2) modal shifts by travelers to take advantage of improved transit service. Three different …