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An Efficiency-Based Explanation For Current Corporate Reorganization Practice (Reviewing Courting Failure By Lynn M. Lopucki), Kenneth Ayotte, David A. Skeel Jr.

University of Chicago Law Review

No abstract provided.

Concert Recording 2006-04-19, William Bauldwin, Jeannie Lee, Charles Spann, Claudia Burson, Scott Corley, Brian Sours, Henry Runkles, Patrick Powell, Michael Post, Michael Schneider, Candice Hicks

Concert Recordings & Programs

Concerto no. 3 / Wolfgang Amadeus Mozart -- Rondino / Cecil Effinger -- Rhapsody for euphonium / Jerry Brubaker -- Six studies in English Folk Song / Ralph Vaughan Williams -- Concertino, mvt. 2 / Ferdinand David -- Concert piece Rodger Vaughan -- Napoli / Herman Bollstedt

The Law Of Mediation In Texas., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon

St. Mary's Law Journal

Several Texas Supreme Court Justices have recently criticized Texas’s appellate justice system for its failure to provide consistency and the unfairness it produces, namely how litigants are treated differently despite the identical factual circumstances. Despite the warnings of various Texas Justices, neither the Texas Supreme Court nor the Texas Legislature have done much to rectify the lack of uniform justice received by Texas litigants. Most of the proposals to reform the Texas appellate justice systems’ unfairness have focused exclusively on structural changes. While structural changes could help reduce inconsistent “justice”, these reforms fail to address the main substantive problem—Texas’s weak …

The Unable To Agree Requirement And Texas Condemnation Law: A Critical Analysis Of Hubenak V. San Jacinto Gas Transmission Co.., B. Tyler Milton

St. Mary's Law Journal

In Texas, the state constitution requires adequate compensation as a predicate to a taking of private property for a public use. Though an eminent domain cause of action has both a constitutional and statutory basis, the requirement of adequate or just compensation is premised on principles of natural equity and justice. Texas statutorily mandates that a condemner of land must, prior to the institution of a condemnation proceeding, plead and prove the two parties were “unable to agree” on the corresponding compensation due to the landowner. Texas courts interpreted this requirement in the condemnation statute to compel “good faith negotiations” …

Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot

St. Mary's Law Journal

There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …

Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen

St. Mary's Law Journal

The character of property acquired on credit is one of the most vexing in Texas marital property law. The apparent black letter rule is that anything acquired by either spouse on credit during the marriage is community property, unless the creditor agrees at the outset to look only to separate property for repayment. The general rule follows naturally from a core principle of Texas law that everything owned by a married person is presumed community when the basic presumption is combined with the “inception of title” doctrine. In a credit transaction, the borrower acquires some legal right to the loan …

Restricting Kelo: Will Redefining Blight In Senate Bill 7 Be The Light At The End Of The Tunnel., Adrianne Archer

St. Mary's Law Journal

In Kelo v. City of New London, the United States Supreme Court extended the public use limitation to its most expansive definition yet. The Kelo decision enhanced the Fifth Amendment takings power by allowing the city of New London, Connecticut, to exercise eminent domain power in furtherance of an economic development plan. Notably, the city’s revitalization plan did not include a claim that the area subject to eminent domain was “blighted.” The Fifth Amendment provides that governments may wield the power of eminent domain and take private property for public use but only with just compensation. Generally, private property can …

Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt

St. Mary's Law Journal

In the 79th Regular Legislative Session, Texas lawmakers amended and added numerous provisions to both the Texas Family Code and Texas Penal Code relating to the status of marriage. One change was the inclusion in the Family Code of a section voiding a marriage if either party is younger than sixteen years of age. Additionally, legislators included criminal penalties to other laws relating to marriage. Specifically, parents are prohibited from giving consent to the marriages of parties under sixteen, but parents also face third-degree felony charges if they give consent. The legislature voided certain underage marriages in Texas due to …

Conflicting Loyalties Facing In-House Counsel: Ethical Care And Feeding Of The Ravenous Multi-Headed Client The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., William E. Matthews, Robert M. Hoffman, Daniel C. Scott

St. Mary's Law Journal

Because of corporate scandals that shook the business world, legislative, corporate, and public fingers immediately pointed at corporate attorneys for allowing such egregious conduct to occur. In 1983, the American Bar Association (ABA) passed Model Rule 1.13, which promoted the entity theory. Under the entity theory, the organization is the in-house counsel’s only client; and the in-house counsel’s primary duty is to act in the best interest of the organization. Whether the issue is deciding to make an executive compensation disclosure in a proxy statement, taking on a dual role within the organization, acting in compliance with heightened professional responsibility …

A Radical Proposal For Lifetime Professionalism The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Antonio Alvarado

St. Mary's Law Journal

Undeniably, the economics of law practice motivates the profession and immerses lawyers into a new professionalism paradigm not fully addressed by existing programs and activities. Linking professionalism to economic concerns might be considered heresy by some, yet now is the time to examine why the economic realities of practicing law sometimes cut short the best aspirations for high standards. Both the American Bar Association (ABA) and the State Bar of Texas focus extensively on questions concerning professionalism in the practice of law. Lawyers face significant economic burdens from several sources, and ironically technology does not always make practice easier. Often, …

Sentence Modification In Texas: The Plenary Power Of A Trial Court To Alter Its Sentence After Pronouncement Comment., Andrew L. Johnson

St. Mary's Law Journal

Post-sentence plenary power of a trial court is not statutorily defined in Texas criminal law, and its boundaries are not fully delineated. The Texas Court of Criminal Appeals recently added to the definition of plenary power in State v. Aguilera. The definition gives state trial courts the power to modify sentences if the modification is made the same day as the initial sentence before the court adjourns and if it is made in the presence of the defendant, his counsel, and counsel for the State. This holding lessens the sentencing pronouncement’s importance; potentially turning sentencing into a day-long affair. Additionally, …

Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson

St. Mary's Law Journal

William H. Rehnquist taught for St. Mary’s University School of Law for four summers while serving as the sixteenth Chief Justice of the United States. For two weeks each July in 1991, 1994, 1998, and 2000, Rehnquist lectured on The Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. St. Mary’s has conducted the Institute as an annual five-week summer program at the University of Innsbruck since 1986, with the generous administrative support of that university’s Roman Law Institute. Rehnquist felt welcome in Innsbruck and earned the St. Mary’s …

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.

Emergent Literacy Learning, Tera Bockenstedt

Graduate Research Papers

The purpose of this review of literature was to look at research in the area of early literacy acquisition. A brief background on emergent literacy and how emergent literacy has impacted educational reform was discussed. The review of literature discussed research on emergent literacy development, in particular the skills that are appropriate for young children to acquire in preparation for entrance into formal schooling. A look at research about the influences on emergent literacy learning and the conditions that foster early literacy development was also discussed. The home factors influencing emergent literacy development and the conditions that foster early literacy …

Vocabulary Development Through Math Journaling Using Technology Resources In An Elementary Math Classroom, Debbie Hansel

Graduate Research Papers

An action research study was conducted in a second grade classroom in a nonpublic elementary school with student seven-to-eight years of age. The purpose of the research was to determine if the use of computer-based content journaling leads to a better understanding of the mathematical vocabulary being focused on and to establish if the use of computer-based reflective journal entries has a positive impact on the students' attitude toward mathematics.

The comparison of scores from the pre-assessment and post-assessment of vocabulary knowledge demonstrated an increase in accuracy. Journaling helped students arrive at the generalization relating the size of what is …

Developing A Web-Based Video Tutorial On Using Hyperstudio, Sangsun Kim

Graduate Research Papers

The goal of this project was to provide an effective way for students to learn how to use an authoring language, HyperStudio, through an efficient interactive on-line environment. The author begins by identifying the necessary components for effective web-based tutorials and exploring video's impact on delivering web-based tutorials. The process used to plan, design, develop and implement this project was explained. This project demonstrates how a web-based tutorial can be created to assist the traditional classroom as a supplementary medium.

Concert Recording 2006-0000a, Calin Clark

Concert Recordings & Programs

English Suite III / Bach -- Sonata A maj / Schubert -- Etude op. 25, no.11 / Chopin -- Mephisto waltz / Liszt

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Botany

No abstract provided.

The Availability Of Young Adult Fiction Containing Overt Gay And Lesbian Characters In Secondary Schools In Northeast Iowa Area Education Agency 1, Misty Dawn Gray

Graduate Research Papers

This study ascertained whether or not young adults had access to fiction titles containing gay and / or lesbian characters in school libraries in one geographic area within Iowa. The purpose of this study was to determine the availability of fiction titles containing overt gay and lesbian characters in secondary public schools in Area Education Agency 1 in Northeast Iowa. The methodology used for this study was quantitative content analysis. The researcher visited 45 secondary public schools in the 24 school districts in AEA 1 in Northeast Iowa in order to gain access to school library catalogs and determine which …

Sign To Learn : Sign Language As A Teaching Tool In Hearing Classrooms, Angela M. Schneden

Graduate Research Papers

This project examines using sign language as a multisensory learning tool in hearing classrooms. Included is a brief history of sign language in the United States as well as a review of different types of sign language. This project provides a rationale for incorporating sign language into the hearing classroom by examining the relationship between sign and gains in literacy achievement. The primary goal of using sign language in the classroom is for students to become better readers, writers, and spellers. This will be accomplished by teaching students to fingerspell and sign sight words. Research detailing use of sign in …

Year-Round Education, Kara Trentz

Graduate Research Papers

This study looks at the operations of year-round education. Discussions will go into the benefits of year-round education, as well as the problems of such a program. Guidelines for establishing a calendar for a year-round school will be presented. Lastly, conclusions and recommendations will be made for the future of year-round education for our state and nation.

Critical Elements For Leading Secondary Schools, Darci J. Wagner

Graduate Research Papers

Eleanor Roosevelt once said, "living and learning must go hand in hand." I cannot remember a time in my life when this was not true. As a child, school was always a positive experience for me. I loved the challenge of mastering new skills. As I progressed through high school and college, I had the opportunity to develop my thinking and reasoning skills through challenging courses taught by master teachers. These teachers served as role models for me, displaying dedication and passion for their subject matter as well as their students.

Reaching Older Less Proficient Readers With Books Suggested In A Standard Bibliography, Sandra E. Antons

Graduate Research Papers

With emphasis on improving reading scores from No Child Left Behind legislation to local district and local building goals, is there a bibliographic source of titles to help engage less proficient readers?

The purpose of this study was to determine if the school library media specialist can rely upon a bibliographic source of books for beginning readers to make appropriate suggestions of titles to read by less proficient third grade readers at Strawberry Hill Elementary School, Anamosa Community School District, Anamosa, Iowa.

This study was conducted as an ethnographic study. Ten students were selected to participate if: they scored at …

The Importance Of Ehealth In The Education Of Underserved Populations, Shanel L. Winfield

Graduate Research Papers

The use of the Internet or the World Wide Web for educational purposes is widespread and rapidly growing. It is only natural that, in response to this rapid growth, its usage expands into the field of medicine, particularly eHealth. But as the nature of how the Internet is being used in health and medicine increases, there is a large segment of the population being left behind because of lack of access. This lack of access is in response to economic barriers, political barriers, social-cultural barriers and social-economic barriers. Issues of literacy, content, and language also play a role in the …

Constraint On Leisure: An Autoethnography Of Constraining Factors In My Leisure Experience, Leila Ghayoor-Rod

Graduate Research Papers

This research paper will review the literature related to constraint on leisure and the factors that determine participation and non-participation in variety of leisure activities. This study clarifies existing review of literature by an autoethnography of my lived experiences regarding leisure activities. My personal narrative explains some of the barriers that I as a woman faced in my leisure activities living in American society which were influenced by the way activities and environment are designed. Finally, the last chapter has some recommendations and suggestions to leisure service providers regarding how they can eliminate or reduce constraints on leisure and create …

Antibiotic Resistance And Multi-Drug Resistant Staphylococcus Aureus Bacteria In Athletics, Chad Cerullo

Graduate Research Papers

The objective of this paper is to describe the phenomenon of antibiotic resistance and the emergence of multi-drug resistant staphylococcus aureus (MRSA) bacteria as it relates to the athletic medicine setting, while also describing prevention and treatment options for infections the emerge in the athletic medicine setting.

Delivering English Language Camps In China, Jennifer Hall

Graduate Research Papers

As China aims towards educational reform, particularly in the learning of the English language, western ideologies and resources can be incorporated and shared for the betterment of their future. English language camps in China have great potential to provide rich opportunities for exchanging individual worldviews, promoting cultural understandings, experiencing professional and personal growth, and fostering meaningful and lasting friendships across cultures (Wighting, 2005). As a highly successful program, Camp Adventure™ Youth Services has the ability and resources to expand their services and meet the needs of these newly emerging programs.

The purpose of this study was to develop an English …