Digital Commons Network^™

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

Richmond Journal of Law and the Public Interest

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.

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

Richmond Journal of Law and the Public Interest

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?

Bennett, Louise, Daryl Cumber Dance

English Faculty Publications

Louise Bennett, affectionately called Miss Lou, is Jamaica's most beloved folk poet, performer, and collector; she was born in Kingston, Jamaica, on September 7, 1919. Her father, a baker, died when she was seven years old, and her mother worked as a dressmaker to provide for her only child. She was educated in Jamaica at Calabar Elementary School, Excelsior High School, and St. Simon's College, after which she received a scholarship to study at the Royal Academy of Dramatic Art in England.

Further Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta

Studies in Rio Grande Valley Regional History Series

Salt: basis of wealth in South Texas / David J. Mycue -- The Zavaleta Family : a legacy of public service / Antonio N. Zavaleta and James E. Zavaleta with Theresa Zavaleta -- Carnaval y fiestas Mexicanas de Matamoros / Rosaura Alicia Davila -- A history of the development of Brazos Santiago Pass / Carl Chilton -- El Retraso español y su interés final por la colonización del Bajo Bravo / Arturo Zarate Ruiz - Fugitive slaves and free Blacks in South Texas / Alberto Rodriguez -- reporting from the Rio Grande : how the press saw the Brownsville area …

State Of Tennessee Annual Statistical Report Of The Department Of Education For The Scholastic Year Ending June 30, 2005, Tennessee. Department Of Education.

Annual Statistical Report

No abstract provided.

Cwu Faculty Senate Minutes - Index 2005-2006, Janet Shields

Faculty Senate Minutes

No abstract provided.

An Optimum Currency Area In South Asia: Is It Plausible?, Nilanjan Banik, Basudeb Biswas, Peter J. Saunders

All Faculty Scholarship for the College of Business

This article is an empirical investigation of the potential feasibility of an optimum currency area (OCA) in South Asia. Under an OCA, member countries share a common currency (like the Euro), and forego autonomy with respect to monetary policy instruments. Countries are good candidates for forming an OCA if there is a long-run relationship in the trend (permanent) component of output. Our results indicate existence of such a long-run relationship in the trend component of gross domestic product (GDP) among the member countries in South Asia. Hence, the South Asia region has the potential to form an OCA.

The Flood Frog: An Autonomous Wireless Device For Flood Detection And Monitoring, Valerio Plessi

Masters Theses

"Accurate real time monitoring is gaining critical importance in a broad range of domains. Of particular interest to this research is the development of monitoring and detection systems for environmental and structural phenomena. Transportation infrastructures, in particular bridges, provide examples for both categories. Flooding of low water bridges is one example of rapidly evolving environmental phenomena, while stress and vibration are structural phenomena in need of monitoring.

Early warning and advanced preparation for emergency are two of the most effective lines of defense against catastrophic events, where real time monitoring can facilitate containment and recovery efforts. The operating environment of …

Comparison Of Combustion Sources And Measurement Techniques For Particulates Emitted From Engines And A Power Plant, Matthew F. Chandler

Masters Theses

"Sub-micron particulates emitted from various combustion sources have serious negative impacts on human health and the environment. It is essential to accurately characterize the physical properties of these particulates including size, shape, structure, and chemical composition in order to monitor, regulate, and model the various transport, toxic, optical, chemical, and deposition properties which dictate their harmful effects. This study consists of two related investigations involving the application of diagnostics methods to characterization and comparison of combustion generated particulate emissions from various sources. The first investigation includes the measurement of particulates emitted from a compression-ignition (diesel) engine using two independent measurement …

You Are Living In A Gold Rush, Richard Delgado

Hofstra Law Review

This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.

I put forward a number of parallels between those earlier periods and now, and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through-even if some of our more libertarian …

Reviving The Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality, James E. Hickey Jr.

Hofstra Law Review

Two perceptions, right or wrong, of international law illegality on the part of the United States have arisen in the last few years with regard to both the use of military force in Iraq and to global warming. The first perception is that the United States invaded Iraq illegally to secure a significant source of foreign oil. The second perception is that the United States ignores the letter and spirit of the evolving international climate change regime to reduce greenhouse gas ("GHG") emissions.

Both perceptions of international law illegality directly reflect the domestic growth energy policy of the United States …

The Nature And Impact Of The "Tort Reform" Movement, F. Patrick Hubbard

Hofstra Law Review

For over thirty years, repeat players on the defense side of tort litigation have undertaken to "reform" tort doctrine in their favor. Initially, these efforts consisted of ad hoc efforts to address a series of "crises," primarily in terms of the cost and availability of liability insurance. In the 1980s, the tort reform movement began to develop a more permanent institutionalized approach to the push for "reform." Not surprisingly, there has been considerable debate about the goals of this movement, the fairness or efficiency of the specific doctrinal reforms it seeks, and the methods it uses. This Article places this …

Foreword: Biomedical Reasearch And The Law-Selected Issues: The Pharmaceutical Industry And Its Relationship With Government, Academia, Physicians And Consumers, Janet L. Dolgin, Joel Weintraub

Hofstra Law Review

The articles in this issue developed from a conference entitled Biomedical Research and the Law, held at Hofstra University in the fall of 2006. The conference explored conflicts of interest created by industry's support for biomedical research. Participants considered how to safeguard the integrity of research and the safety of drugs while encouraging the development of treatments for disease.

Bias In Direct-To-Consumer Advertising And Its Effect On Drug Safety, Marvin M. Lipman

Hofstra Law Review

No abstract provided.

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Hofstra Law Review

No abstract provided.

"We Can Do This The Easy Way Or The Hard Way": Negative Emotions, Self-Regulation, And The Law, George Loewenstein, Ted O'Donoghue

University of Chicago Law Review

No abstract provided.

Parents, Subsidiaries, And Rico Distinctiveness, William B. Ortman

University of Chicago Law Review

No abstract provided.

Race, Money And Medicines, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Taking notice of race is both risky and inevitable, in medicine no less than in other endeavors. The literature on race as a classifying tool in clinical research poses this core dilemma: On the one hand, race can be a useful stand-in for unstudied genetic and environmental factors that yield differences in disease expression and therapeutic response. On the other hand, racial distinctions have social mean­ ings that are often pejorative or worse, especially when these distinctions are cast as culturally or biologically fixed. Our country's troubled past in this regard and the persistence of race-related disadvantage should keep us …

Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

We live in an age of convenience. From financial transactions to electronic correspondence, we frequently deal with large corporations that provide services in our daily lives. One of the prices we pay for the convenience of these transactions, however, is that our commercial relationships increasingly are based on standard form contracts written by large corporations. While these standard form contracts are necessary to an economically efficient society, the growing use of mandatory arbitration provisions and clauses that prohibit class actions in these contracts raises the spectre of corporate abuse.

What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison

Georgetown Law Faculty Publications and Other Works

This article discusses the ramifications of the U.S. Supreme Court's decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement …

Edison Community College General Catalog 2005-2006, Edison Community College

FSW Course Catalogs

Edison Community College General Catalog Volume Forty Four. 2005-2006. Scanned by Internet Archive.

Edmund Burke, John Whyte And Themes In Canadian Constitutional Culture, David Schneiderman

Georgetown Law Faculty Publications and Other Works

John Whyte, the author observes, is committed to the idea that there are moral foundations to Canada's constitutional order and that these foundations are derived from liberal principles. This paper compares Whyte's liberal and organicist constitutionalism to that of the eighteenth century British political thinker, Edmund Burke. Three themes are predominant in Whyte's work: those of liberty and security, unity and diversity, and constitutional change. Drawing out these themes in both Whyte's and Burke's constitutional thought, the author argues that Whyte has a sound historical basis for deriving Canadian constitutional practices from liberal principles ordinarily associated with Burke. The author …

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Georgetown Law Faculty Publications and Other Works

I believe there is no more important work than defending kids, especially those accused of serious crimes. The consequences of juvenile crime are increasingly severe, whether kids remain in the juvenile system or are prosecuted as adults. We lock up too many people in this country, many of whom are children. Surely, at the start of the twenty-first century - given our knowledge about the causes of juvenile delinquency and crime - we can do more than put troubled kids in cages. So, why not work with young offenders who are on their way to becoming adult clients, to try …

Katrina, The Constitution, And The Legal Question Doctrine, Robin West

Georgetown Law Faculty Publications and Other Works

In this paper I will not develop the case for constitutionally protected welfare rights - I have tried to do that elsewhere. Instead, I want to explore the tension between what I will take to be at least a plausible account of the state's Constitutional obligations to the poor, and what seems to me as at least equally self-evident, to wit, that no American court will discover and then impose such Constitutional obligations upon recalcitrant state or federal legislators. My conclusion will be pragmatic. I want to urge those who feel likewise regarding the Constitutional obligations of state actors, to …

Risky Business, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

This article is part of an exchange including Anthony Alfieri and William Simon in the Georgetown Law Journal on the implications of law firms' increasing reliance on the concept of risk management as the focus of efforts to ensure ethical conduct by lawyers. A risk management program involves the adoption of various policies and procedures designed to minimize conduct that may lead to individual and firm liability. Conflicts checking procedures, standard terms in engagement letters, and the requirement of a second signature by a disinterested partner on legal opinions are but a few of such measures. On one hand, the …

The Liberal Legacy Of Bush V. Gore, David Cole

Georgetown Law Faculty Publications and Other Works

This article examines the last ten years of the Rehnquist Court, which was divided evenly by the Court's highly controversial intervention in the 2000 presidential election, Bush v. Gore. I compare the Court's record before and after that decision both qualitatively and quantitatively, and argue that the Court shifted noticeably to the left, particularly in high-profile cases, after Bush v. Gore, as conservative Justices showed a greater willingness to side with their liberal colleagues to reach liberal results. I hypothesize that this may have reflected an effort, conscious or subconscious, to restore the Court's legitimacy by counteracting images of a …

Improving Disaster Response Efforts With Decision Support Systems, Steven M. Thompson, Nezih Altay, Walter G. Green Iii, Joanne Lapetina

Management Faculty Publications

As evidenced by Hurricane Katrina in August, 2005, disaster response efforts are hindered by a lack of coordination, poor information flows, and the inability of disaster response managers to validate and process relevant information and make decisions in a timely fashion. A number of factors contribute to current lackluster response efforts. Some are inherent to the complex, rapidly changing decision-making environments that characterize most disaster response settings. Others reflect systematic flaws in how decisions are made within the organizational hierarchies of the many agencies involved in a disaster response. Slow, ineffective strategies for gathering, processing, and analyzing data can also …

A Response To Goodwin Liu, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Liu's article convincingly shows that the Fourteenth Amendment can be read, and has been read in the past, to confer a positive right on all citizens to a high-quality public education and to place a correlative duty on the legislative branches of both state and federal government to provide for that education. Specifically, the United States Congress has an obligation under the Fourteenth Amendment's Citizenship Clause, Liu argues, to ensure that the public education provided by states meets minimal standards so that citizens possess the competencies requisite to meaningful participation in civic life. Liu's argument is not simply that …

Public Health Emergency Preparedness Terminology: Using An Interactive Game To Introduce Complex Words And Definitions, Julie Gleason-Comstock, Tim Spannaus, Ellen Marks, Deborah Charbonneau, Alicia Streater

Michigan Journal of Public Health

Objectives. An educational reinforcement exercise, using a bingo game, introduced students to challenging public health emergency preparedness terminology in order to pilot test the use of a game as an efficient method of learning a new vocabulary and definitions. Knowledge of the language of emergency preparedness and a fast and fun way to stay current could contribute to better coordination among public health personnel and their community partners. Methods. A bingo game, developed using Macromedia Flash and XML files, and delivered within the Blackboard™ Course Management System was tested with first year medical students in a library orientation, and graduate …

Clinical Case Mix And Other Challenges To Detroit's Medicaid-Dependent Nursing Homes, Richard L. Douglass, William Lavery, Paul Bridgewater, Gloria Long, Joyce Blair

Michigan Journal of Public Health

Nursing homes that care for the poor in Detroit are frequently dependent upon Medicaid as their principal source of revenue. These facilities face numerous challenges because they face limited resources for maintenance of facilities, staff and administrative supports, and other normal costs. They lack the kinds of support that are provided in-kind, or by more generous sources of revenue and are often characterized as institutions of poor quality; yet nearly 70% of the nation’s Medicaid-recipient elderly nursing home patients are in for-profit facilities that are sustained largely on Medicaid funding. These facilities are often sources of care for underserved minority …