Digital Commons Network^™

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Leslie Sara Hyman, Sara Davis

SMU Law Review

No abstract provided.

Employment Law, Earl M. Jones Iii, Jason R. Dugas, Jennifer A. Youpa

SMU Law Review

No abstract provided.

Franchise Law, Deborah S. Coldwell, Robert A. Lauer, Ryan Cox, Altresha Burchett

SMU Law Review

No abstract provided.

Partnerships, Steven A. Waters, Angela R. Lilly

SMU Law Review

No abstract provided.

Toxic Torts And Mass Torts, Brent M. Rosenthal, Misty A. Farris, Amanda R. Tyler

SMU Law Review

No abstract provided.

Wills And Trusts, Gerry W. Beyer

SMU Law Review

No abstract provided.

Zoning And Land Use, Arthur J. Anderson

SMU Law Review

No abstract provided.

The Market As Instrument: A Response To Professor Harrison, Shubha Ghosh

SMU Law Review

No abstract provided.

Modest Hope For A Modest Roberts Court: Deference, Facial Challenges, And The Comparative Competence Of Courts, Edward A. Hartnett

SMU Law Review

No abstract provided.

Inside Zarin, Theodore P. Seto

SMU Law Review

No abstract provided.

Shooting Blanks: The Ineffectiveness Of The Protection Of Lawful Commerce In Arms Act, Alden Crow

SMU Law Review

No abstract provided.

Can Felon Disenfranchisement Survive Under Modern Conceptions Of Voting Rights: Political Philosophy, State Interests, And Scholarly Scorn, S. Brannon Latimer

SMU Law Review

No abstract provided.

Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr

Faculty Articles

The transition from law student to seasoned attorney can be prolonged and stressful. The evolution can be painfully dispiriting, but there are ways to transform a potentially grueling struggle for sustenance into a genuine labor of love. The sources stem from divergent roots, both Eastern—Buddhist with pinches of Hindu—and Western—ranging from Platonic to perhaps the moronic. Eastern visions and Western voices may be a catalyst in spawning ideas on creating joy and fulfillment in the valley of law.

Moving from law student to practitioner is an odyssey, both perplexing and potentially fatal. Becoming a lawyer in fact as well as …

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

The definitions, especially those relating to the issues of what constitutes a security, who may recover, and the territorial reach, determine the scope of the securities acts. The Fifth Circuit issued one decision concerning standing to sue under section 11 of the Securities Act of 1933.

The State Securities Board amended its form for public information charges and billing detail to reflect current fees for public information established by the Texas Building and Procedures Commission. The Board adopted new rules reorganizing the exemption for sales to financial institutions and certain institutional investors under the Texas Securities Act (“TSA”) and reconsidered …

Contractors On The “Battlefield”: Providing Adequate Protection, Anti-Terrorism Training, And Personnel Recovery For Civilian Contractors Accompanying The Military In Combat And Contingency Operations, Jeffrey F. Addicott

Faculty Articles

American civilian employees serving overseas in hostile environments are dying because their parent companies and the U.S. military are failing to provide adequate protection, antiterrorism (“AT”) training, or both. Contractors must be properly informed, trained, and equipped not only to understand their own rights and obligations, but also to understand those of the U.S. military and the parent contractor company because of the physical dangers inherent in such asymmetrical conflicts. Specified AT training is not a mandatory component of contractor deployment, leaving many contract personnel ill-prepared and under-equipped to operate in locations plagued by the threat of car bombs, suicide …

Americans Abroad: International Educational Programs And Tort Liability, Vincent R. Johnson

Faculty Articles

In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. Until recently, there were few reported cases involving claims arising from foreign educational ventures. However, the increase in international study abroad programs has been paralleled by an increase in tort claims. Additionally, because of the tendency of tort cases to be settled, the number of unreported cases, based on harm to students participating in study abroad programs, may be considerably larger than what appears in legal research databases.

Given the high cost of potential litigation, a program provider has no choice but to …

Tribute, Rehnquist, Innsbruck, And St. Mary’S University, Vincent R. Johnson

Faculty Articles

William H. Rehnquist served as the seventeenth Chief Justice of the United States. During this time, the Chief Justice taught for St. Mary’s University School of Law over four summers, two weeks each July in 1991, 1994, 1998, and 2000. Chief Justice 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. Chief Justice Rehnquist felt welcome in Innsbruck, and had earned the St. Mary’s faculty’s fond regard and the students’ admiration.

The memories of the summers spent in Innsbruck with Chief Justice Rehnquist are shared …

The Abu Ghraib Story, Jeffrey F. Addicott

Faculty Articles

The purpose of this Article is to examine the facts associated with the prison abuse at Abu Ghraib and to discuss the applicable legal and policy lessons learned as a result of the scandal. Was the prison abuse a reflection of a systemic policy—either de jure or de facto—on the part of the United States to illegally extract information from detainees or was the abuse simply isolated acts of criminal behavior on the part of a handful of soldiers amplified by an incompetent tactical chain of command at the prison facility?

The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott

Faculty Articles

It is imperative that discussion of emotionally charged issues such as torture or illegal rendition focus on the governing legal standards. The dilemma that confronts the United States and its allies is al-Qa'eda--not a nation-state but a virtual state. Therefore, the rules for fighting the War on Terror face challenges not yet fully appreciated or anticipated by international law, let alone domestic law. The primary international instrument dealing with illegal rendition is the 1984 United Nations Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention).

It is necessary to first define the terms "torture" and …

Whose Job Is It Anyway?: Governmental Obligations Created By The Human Right To Water, Amy Hardberger

Faculty Articles

The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary international law.

If the human right to water becomes an accepted norm of international law, there could be differing consequences for governments. A human right is enforceable by a citizen against her government by investigating intragovernmental responsibilities in different contexts, including times of peace and more complicated relationships, such as those created in times of conflict or belligerent occupation. Different …

The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The “Material Alteration” Inquiry, Colin P. Marks

Faculty Articles

The “surprise or hardship” approach to UCC section 2-207 is the approach courts should use to determine the applicability of liability clauses in the battle of the forms. However, courts use varying approaches to decide whether clauses limiting liability materially alter the contract under UCC section 2-207. Courts have adopted three different approaches: (1) the per se material alternation approach; (2) the per se not material alternation approach; and (3) the “surprise or hardship” approach.

The per se material alteration approach focuses on the surprise or hardship factors found in comment 4 of section 2-207; however, that approach is flawed …

Symposium On Abolishing Civil Marriage: An Introduction, Edward Stein

Cardozo Law Review

No abstract provided.

The Effect Of Stationary Uv Excitation On The Optical Behavior Of Electrochemically Self-Assembled Semiconductor Nanowires, Rajesh A. Katkar

Theses and Dissertations

In this work, we investigate the optical response of the semiconductor quantum wire array when excited by stationary UV light. The array is synthesized by selectively electro-depositing the semiconductor material in electrochemically self-assembled porous alumina templates. Our studies are based on the optical behavioral changes in CdS, ZnO, ZnSe and CdSe quantum wires of 50-, 25- and 10-nm diameters. We use a set of generalized Bloch equations to solve the interband polarization function of the semiconductors derived within the Hartree-Fock approximation, and theoretically model the UV excitation effect on the quantum wires. The solutions which consider the effects of screening, …

The Influence Of Physical Activity And Television On The Intention And Self-Efficacy To Engage In Health-Enhancing Behaviors, Ian Joseph Wallace

Theses and Dissertations

Cancer and heart disease account for the largest proportion of morbidity and mortality among all adult diseases in the United States. Research has focused on identifying causal risk factors among adolescents. However, theories of health behavior change also stress the intermediary factors of intention and efficacy for effective behavior change. Existing research supports the potential of physical activity (PA), particularly learned through the domains of exercise and sport, as a means to developing these necessary skills (Danish, Petitpas, & Hale, 1993). The current investigation examined the influence of PA and television watching (TV) on intentions and efficacy to engage in …

Is Safe Haven Legislation An Efficacious Policy Response To Infant Abandonment: A Biopsychosocial Profile Of The Target Population, Stephanie Mayes Gruss

Theses and Dissertations

This study represents an attempt to describe the extent and features of safe haven legislation in the United States, discuss implementation issues, and to examine if the legislation is reaching its intended target audience in order to answer the question, "Is safe haven legislation an efficacious response to infant abandonment?" Safe havens are designated locations where infants can be anonymously abandoned without fear of prosecution or incarceration. As of May of 2006, forty-seven states have passed such legislation, citing the need for an alternative to unsafe infant abandonment leading to an infant's death, and an alternative to infanticide (the killing …

Inhibition Of Margination And Diapedesis Of Neutrophils By Protein Synthesis Blockade, Phyllis V. Acquah

Theses and Dissertations

Acute Respiratory Distress Syndrome (ARDS), an age-old clinical problem facing the Emergency Department and Intensive Care Units of all health systems, is a common debilitating lung condition consequent upon severe systemic inflammation. Although several studies have gone into understanding the epidemiology and pathogenesis of the disease thus making way for new advances in treatment strategies, there seems to be no known study tailored to its prevention. Neutrophil extravasation within the tissues during inflammation is the hallmark of this syndrome. Our study sought to block excessive neutrophil infiltration by inhibiting the biosynthesis of some essential proteins necessary for the process. In …

Isolation Of Legionella Pneumophila From Well-Maintained Emergency Showers And Eyewash Stations, Jessica Mae Myers

Theses and Dissertations

Legionella pneumophila is a gram-negative bacterium responsible for Legionnaire's disease, and is commonly transmitted via aerosolized water. Legionella colonization of emergency eyewash and shower stations may pose an exposure hazard to users of these stations. There is little information about the role of these stations as significant reservoirs for Legionella. Samples were collected from 67 stations in an industrial facility. At the time of this study, the stations within this facility were under a routine maintenance program that included at least monthly flushing. This study also included the analysis for other bacterial organisms to determine an association between the presence …

Raubeaux Scientician, Joe W. Grant Iii

Theses and Dissertations

The works contained in "Raubeaux Scientician" are about a triadic relationship between people, science, and art. The obsessions, of individuals and the apparent change brought about by their physical presence guide my artistic research. I am awestruck at the capabilities of the individual to overcome conventional thought and through creative action yield a new vision. Some of the people I am fascinated by put forth theories and inventions that continue to affect myriad aspects of our world today. Among those at the forefront are, Robert Oppenheimer, and Edward Teller. Their contributions to science and mathematics remain almost unmatched. These and …

Design And Development Of Oligonucleotide Microarrays And Their Application In Diagnostic And Prognostic Estimation Of Human Gliomas, G. Scott Taylor

Theses and Dissertations

DNA microarrays represent an ultra-high throughput gene expression assay employed to study the transcriptomic profiles of biological tissues. These devices are increasingly being used to study many aspects of gene regulation, and there is growing interest in the biotechnology and pharmaceutical industries for developing such devices in efforts toward rational product/drug design. The DNA microarray also provides a unique and objective means for diagnosis and prognosis of human diseases based on patterns of gene expression. This is especially important in cancer research and the thrust toward personalized medicine. This dissertation details the design and development of oligonucleotide microarrays and the …

The Theatre That Will Be: 'Devised Theatre' Methodologies And Aesthetics In Training And Practice, Lisa Kathleen Jackson

Theses and Dissertations

This thesis details my process of teaching Devising Theatre, a course of my own design, in Spring of 2005 and Fall of 2005. I address my curricular development from semester to semester (readings, assignments, assessments) as well as the students' responses to the material. Additionally, I discuss my reasons for teaching the course and the place that alternative theatre can and should have in theatre training programs and in the realization of feminist pedagogy.