Digital Commons Network^™

Annual Reports Of Richmond, New Hampshire For The Year Ending December 31, 2005., Richmond Town Representatives

Richmond, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Academic Discourse And Proprietary Rights: Putting Patents In Their Proper Place, Margo A. Bagley

Faculty Articles

This Article provides a fresh perspective on the Bayh-Dole debate by focusing on the impact of patent novelty rules on academic discourse. The Article proposes that to begin to reverse an observed deterioration in disclosure norms, flexibilities must be built into the patent system so that patents can be facilitators of the academic knowledge dissemination enterprise. In particular, the Article advocates creation of an opt-in extended grace period that would provide more time for academic researchers to publish and present early-stage research before having to file a patent application. Such an extension, coupled with early application publication, would both address …

Framing Effects And Regulatory Choice, Jonathan R. Nash

Faculty Articles

This Article proceeds as follows. First, in Part I, I describe the contributions of behavioral law and economics literature, and then focus on the notion of framing effects. In Part II, I provide an overview of the regulatory tools generally available to environmental regulators. In Part III, I elucidate the "right to pollute" and "commodification" critiques as applied to environmental regulation. In Part IV, I analyze the economically proper scope of the "right to pollute" and "commodification" critiques with respect to environmental regulatory instruments. In Part V, I first describe the differing frames of various environmental regulatory tools. I then …

The Best Interest Test And Child Custody: Why Transgender Should Not Be A Factor In Custody Determinations, Kari J. Carter

Health Matrix: The Journal of Law-Medicine

No abstract provided.

An Economic Assessment Of Damage Caps In Medical Malpractice Litigation Imposed By State Laws And The Implications For Federal Policy And Law, H. E. Frech Iii, William G. Hamm, C. Paul Wazzan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Future Of Telemedicine & Its Faustian Reliance On Regulatory Trade Barriers For Protection, Thomas R. Mclean

Health Matrix: The Journal of Law-Medicine

No abstract provided.

There Is More To Vision Than Seeing Clearly, Dawn Cardinal, Genea Nannemann

Occupational Therapy Capstones

"Vision is not simply the ability to read a certain size letter at a distance of 20 feet. Vision is a complex and adaptable information gathering and processing system which collects, groups, analyzes, accumulates, equates, and remembers information" (American Optometric Association, 2005, p.1). The purpose of this project is to develop a parent/caregiver handbook that will educate parent/caregivers with children who have visual deficits and to benefit the Vision Therapy Project, which is located in Casper, Wyoming. This project is a non-profit organization dedicated to provide assistance and education to parents/caregivers with children in need of vision therapy. Information for …

A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg

Richmond Journal of Law & Technology

Amendments to the Federal Rules of Civil Procedure regarding electronic discovery are expected to take effect on December 1, 2006. These amendments are designed to alleviate the burden, expense and uncertainty that has resulted from the application of traditional discovery principles in the electronic age. These principles worked well in an era where discovery was primarily limited to the production of paper documentation, but have proved unworkable when applied to the discovery of electronic data, particularly in the “corporate world,” where even the most routine business discussions are captured in electronic format.5

Legal, Factual And Other Internet Sites For Attorneys And Others, Timothy L. Coggins

Richmond Journal of Law & Technology

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information (including social security numbers in some instances) about individuals.

Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura

Richmond Journal of Law & Technology

The term “spyware” encompasses a wide range of software designed to intercept or take partial control of a computer. Spyware slows down computers and forces computer users to expend resources on repair and installation of protective software. Consumers also face the danger that personal information gathered through spyware will be misused. Thus, most people agree that spyware is an annoying and costly problem. However, there is no consensus on the best way to solve the spyware problem. This article examines the methods currently being used to battle spyware, as well as proposed national spyware legislation. The article outlines the various …

E-Commerce: Legal Issues Of The Online Retailer In Virginia, Jonathan D. Frieden, Sean Patrick Roche

Richmond Journal of Law & Technology

The popularity and growth of online retailing, now in its tenth year, has shattered experts’ expectations. “Online sales in the United States grew twenty-four percent last year, to about $90 billion, and online retailing now accounts for nearly five percent of all retail sales.”

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Public Interest Law Review

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Public Interest Law Review

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …

Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin

Richmond Public Interest Law Review

In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?

Planning The Funeral At The Birth: Extended Producer Responsibility In The European Union And The United States, Noah M. Sachs

Law Faculty Publications

This Article examines how governments in the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management, and trade. The European Union is implementing product-oriented environmental regulation based on the principle of Extended Producer Responsibility ("EPR"), which assigns responsibility to manufacturers to take back their products after consumers discard them. In theory, EPR could dramatically alter production practices by internalizing externalities from products and providing incentives for environmentally friendly design. However, practical problems of implementation raise questions about the effectiveness of EPR as a policy tool.

This Article …

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.

Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary L. Clark

Kentucky Law Journal

No abstract provided.

Gouging: Terrorist Attacks, Hurricanes, And The Legal And Economic Aspects Of Post-Disaster Price Regulation, Geoffrey C. Rapp

Kentucky Law Journal

No abstract provided.

The Audit Committee "Financial Expert" Requirement And The Internal Control Attestation: Effective Contributions To Corporate Governance?, Joseph A. Guillory

Kentucky Law Journal

No abstract provided.

Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene

Kentucky Law Journal

No abstract provided.

Life-Course Socioeconomic Position And Hypertension In African American Men: The Pitt County Study, Sherman A. James, John Van Hoewyk, Robert F. Belli, David S. Strogatz, David R. Williams, Trevillore E. Raghunathan

Department of Psychology: Faculty Publications

Objectives. We investigated the odds of hypertension for Black men in relationship to their socioeconomic position (SEP) in both childhood and adulthood.

Methods. On the basis of their parents’ occupation, we classified 379 men in the Pitt County (North Carolina) Study into low and high childhood SEP. The men’s own education, occupation, employment status, and home ownership status were used to classify them into low and high adulthood SEP. Four life-course SEP categories resulted: low childhood/low adulthood, low childhood/high adulthood, high childhood/low adulthood, and high childhood/high adulthood.

Results. Low childhood SEP was associated with a 60% greater …

Legitimating Global Trade Governance: Constitutional And Legal Pluralist Approaches, Ruth Buchanan

Articles & Book Chapters

This article will take up the conversation about legal pluralism in the context of debates over transnational governance, where legal pluralism has of late attracted considerable attention. Legal pluralism has its roots in legal sociology and anthropology, and particularly in the study of the co-existence of non-state, customary law or community norms with formal law. In the transnational context, this original focus is expanded to include the coexistence, within a particular territory, of multiple normative regimes, local, national and international. What is important to note, however, is that in this shift the conceptual orientation of the term remains the same: …

Incorporating Social Anxiety Into A Model Of College Problem Drinking: Replication And Extension, Lindsay S. Ham, Debra A. Hope

Department of Psychology: Faculty Publications

Although research has found an association between social anxiety and alcohol use in noncollege samples, results have been mixed for college samples. College students face many novel social situations in which they may drink to reduce social anxiety. In the current study, the authors tested a model of college problem drinking, incorporating social anxiety and related psychosocial variables among 228 undergraduate volunteers. According to structural equation modeling (SEM) results, social anxiety was unrelated to alcohol use and was negatively related to drinking consequences. Perceived drinking norms mediated the social anxiety–alcohol use relation and was the variable most strongly associated with …

Domestic Partnerships, Implied Contracts, And Law Reform, Elizabeth S. Scott

Faculty Scholarship

The domestic partnership chapter of the Principles is the shortest chapter, but, as the contributions to this volume suggest, among the most interesting to many people. The legal regulation of informal intimate unions generally and particularly the Principles' approach of creating a status that carries the legal rights and obligations of marriage between cohabiting parties have generated considerable debate. In some quarters, the domestic partnership provisions are admired as an effective mechanism to protect dependent partners in marriage-like unions who otherwise may be unable to establish claims to property and support when their relationships end. Others praise the Principles for …

Issues In Article Iii Courts, Debra A. Livingston

Faculty Scholarship

Cases implicating classified information can pose difficult legal issues for Article III courts, and these issues may well grow more complicated and arise more frequently as the global war on terror continues. The manner in which these issues are resolved has profound implications for the national security, for the procedural rights of litigants, and for the public's ability to scrutinize legal proceedings. Indeed, the expanded use of secret evidence in Article III courts may raise questions about the very character of the courts themselves. Is there a point at which the demands placed upon these courts, pushing them in the …

Understanding The Success And Failure Of Oyster Populations: Climatic Cycles And Perkinsus Marinus, Thomas M. Soniat, John M. Klinck, Eric N. Powell, Eileen E. Hofmann

CCPO Publications

Perkinsus (=Dermocystidium) marinus is a major cause of mortality in eastern oysters. Crassostrea virginica. Because initiation of infection and progression of disease are favored by high temperature and high salinity, we hypothesized that climatic cycles influence cycles of disease. Analyses of a 10-y time series of disease prevalence and intensity, chlorophyll a, suspended sediments, water temperature and salinity from a Louisiana site, using a wavelet technique, show a teleconnection between the El Nino-Southern Oscillation (ENSO) and oyster disease in the northern Gulf of Mexico. Salinity increases precede increased disease prevalence by several months. The changes in salinity that trigger changes …

The Paradox Of The Drug Elimination Program In New York City Public Housing, Jeffrey A. Fagan, Garth Davies, Jan Holland

Faculty Scholarship

In this study, we examine the effects of the DEP intervention at three levels of complementary theoretical and practical relevance: the public housing development itself, the neighborhood in which public housing is situated, and the police precinct where the tract is located. From surveys of residents, observations of program activities, and analyses of NYCHA's program records, we compiled detailed information on the components of DEP and the reactions of public housing residents to each type of intervention. We then analyzed panel data from 1985-1996 to estimate the effects of DEP on crime rates in and around the city's public housing …

Clark's Treatise On Corporate Law: Filling Manning's Empty Towers, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Almost 45 years ago, in an elegantly depressive account of the then current state of corporate law scholarship, Bayless Manning announced the death of corporation law "as a field of intellectual effort." Manning left us with an affecting image of a once grand field long past its prime, rigid with formalism and empty of content:

When American law ceased to take the "corporation" seriously, the entire body of law that had been built upon that intellectual construct slowly perforated and rotted away. We have nothing left but our great empty corporate statutes towering skyscrapers of rusted girders, internally welded together …

The Media As Participants In The International Legal Process, Monica Hakimi

Faculty Scholarship

We know what we know about current international events through the media. The media (with their instantaneous transmission of images and sound across great distances) inform us of everything from the train bombings in Madrid and London, to human rights abuses in Darfur, to the fall of Saddam Hussein’s Iraq. Yet the media do not simply communicate raw information; they selectively filter, define and give shape to the events that they cover — in terms of what is happening, whether it is appropriate, and how relevant international actors should and do respond. The media thus are the nerves of the …