Digital Commons Network^™

National Board For Professional Teaching Standards Certification: Does It Impact Student Learning?, Patricia E. Falaney

UNF Graduate Theses and Dissertations

The present study measured student gains in learning using the Florida Comprehensive Assessment Test pre and post-test mean scale scores in reading comprehension and math problem solving. The project involved classes of students in fourth and fifth grade in six north Florida counties. Thirty class sets of students were taught by a National Board Certified teacher, and a comparable set of thirty class sets of students of the same grade level and at the same school were taught by a teacher who was not National Board Certified. The analysis indicated if National Board Certified teachers produced a higher mean gain …

Analysis Of Kinase Effects On Viral Replication Of The Papillomavirus, Joshua R. Raynes

UNF Graduate Theses and Dissertations

Papillomaviruses are a genera of small tumor viruses in the Papovaviridae family, whose lifecycle and replication ability is directed by epithelial differentiation. During latency, papillomavirus DNA replication occurs synchronously with the host cell's replication by the activation of the El protein. To elucidate the effects upon viral replication, this study utilized chemical inhibition of several kinases predicted to phosphorylate, and subsequently modify the activity of, the papillomavirus' E1 protein. The amount of DNA replicated was observed via autoradiography following DNA extraction and southern blotting of BPV-transformed C127 cells. Sample extracts from cells exposed to specific chemical inhibitors of PKC, CDK, …

The Procedural Soft Law Of International Arbitration, William W. Park

Faculty Scholarship

The conference organizers set me the daunting task of exploring arbitration's “non-national instruments,” which is to say the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings. Frequently these procedural standards build on the lore of international dispute resolution as memorialized in articles, treatises and learned symposium papers. These guidelines represent what might be called “soft law,” in distinction to the harder norms imposed by arbitration statutes and treaties, as well as the procedural framework adopted by the parties through choice of pre-established arbitration rules.

The growth of procedural …

Bulletin 2006-2007, Seattle University School Of Law

Viewbooks

No abstract provided.

Devon-Wide Gypsy And Traveller Housing Needs Assessment, R Southern, Z James

School of Law, Humanities and Social Sciences

No abstract provided.

Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley

Seattle University Law Review

Part II of this Comment provides a background of regulatory takings jurisprudence, outlining both the U.S. Supreme Court's and Washington courts' respective analyses of regulatory takings challenges under the takings clauses of both the U.S. and Washington Constitutions. Part III discusses the threshold compensation statutes that have been enacted by four states in an effort to remedy the problem of regulatory takings. Part IV examines Oregon's Measure 37 and the lawsuit that validated its constitutionality. Part V analyzes Washington's proposed property rights measure, Initiative 933, and argues that Washington needs a regulatory takings compensation statute. Finally, Part VI concludes that …

The Value Of Government Tort Liability: Washington State's Journey From Immunity To Accountability, Debra L. Stephens, Bryan P. Harnetiaux

Seattle University Law Review

Part I of this Article traces Washington's history with the common law doctrine of government immunity from tort liability. It also identifies other distinct common law immunities protecting executive, legislative, and judicial functions-immunities that lay dormant during the reign of sovereign immunity. Part II discusses the legislature's broad waiver of sovereign immunity in 1961 and the legislature's subsequent reaffirmation of the waiver. It also notes isolated instances in which the legislature has partially restored immunity or otherwise limited tort liability. Part III addresses the development of case law interpreting the scope of government tort liability in light of the legislative …

Introductory Essays, Kellye Testy, Thomas J. Holdych, Robert Medved

Seattle University Law Review

Congratulations to the Law Review for its first thirty years and many thanks to each and every graduate who, during their tenure on the Law Review, made it what it is today. May your outstanding work be an inspiration for those whom follow. After all, look at what four students with typewriters and carbon paper did in 1975!

Corporate Investigations, Attorney-Client Privilege, And Selective Waiver: Is A Half-Privilege Worth Having At All?, Colin P. Marks

Seattle University Law Review

This article will explore both the various problems that arise with a policy that essentially mandates waiver of the attorney-client privilege as well as the limited appeal of the selective waiver theory as a compromise position. It concludes that selective waiver is inadequate in addressing the many problems created by policies that coerce waiver and that a more desirable solution is to eliminate or amend the governmental policies that coerce waiver. Part II of this article explains and explores the metes and bounds of the attorney-client privilege and work-product protection. Part III explains the development of the selective waiver theory, …

The Rush To The Goblin Market: The Blurring Of Quill'S Two Nexus Tests, H. Beau Baez Iii

Seattle University Law Review

Part II of this Article begins with a brief introduction to sales and use taxes in the United States. Although these taxes are complementary in nature, they are treated differently for constitutional purposes. This Part then examines the Due Process Clause and Commerce Clause constraints on state taxation, which are animated by very different concerns. Next, this Part explores footnote eight in Quill to dispel the notion that Quill established a facts-and-circumstances test. The section concludes by discussing the problems lower courts have had in applying the Quill nexus tests. The primary problem encountered by the lower courts, exemplified by …

Denial Of Recovery To Nonresident Beneficiaries Under Washington's Wrongful Death And Survival Statutes: Is It Really Cheaper To Kill A Man Than To Maim Him?, Jonathan James

Seattle University Law Review

Although courts have expressed repugnance for discrimination against nonresidents as far back as the early 1900s and recognized that it was out of date even in their time, it is the refusal of Washington courts to question the constitutionality of such legislative enactments which has allowed this injustice to continue unabated for almost 100 years. It is time that the courts in Washington finally realize that such discriminatory legislation must succumb to the protections provided by both the United States and Washington Constitutions and find these statutes unconstitutional. To do otherwise would allow a tortfeasor an “undeserved and morbid windfall” …

Up And Down And Back Again: Troubled Childhood Childhood Notwithstanding, Washington's Stand Alone Estate Tax Deserves To Be Defended, Christine M. Mumford

Seattle University Law Review

This Comment evaluates the history of Washington's estate tax from the pre-2005 frozen scheme, through the Supreme Court's analysis and mandate in Estate of Hemphill v. State, and up to the legislation enacted in May 2005. Part II provides a background on EGTRRA and evaluates the extent of its changes nationwide. Part III critically reviews Washington's estate tax history, and examines both the seminal Initiative 402 and the legislative history supporting the shift away from federal conformation. Part IV analyzes how the court's 2005 ruling provided the catalyst for legislative change, and provides a summary of Hemphill and the arguments …

Killing Jim Crow And The Undead Nondelegation Doctrine With Privately Enforceable Federal Regulations, Brian J. Sutherland

Seattle University Law Review

This Comment has two goals. First, it seeks to contextualize, within the reality of institutional racism, the debate over the private enforceability of federal regulations under 42 U.S.C. § 1983. On the one hand, the regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964 already include many provisions which effectively confront the vestiges of racially discriminatory law and policy. The logical inference is that these perfectly proscriptive federal regulations ought to be enforceable, through private lawsuits if necessary, in order to enjoin and deter such policy and procedure. On the other hand, federal administrative agencies have …

Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis

Seattle University Law Review

Part II of this Note discusses the facts leading up to Boone v. State and the First Amendment arguments raised by Boone. Part III offers a brief historical perspective on religion in the American legal system, emphasizing specific developments relevant to Boone's case. Part IV analyzes the court's fatally flawed analysis, and Part V addresses the ramifications of the holding and offers some suggestions.

Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden

Seattle University Law Review

The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Policies Of State Succession: Harmonizing Self-Determination And Global Order In The Twenty-First Century, Robert D. Sloane

Faculty Scholarship

In State Succession and Commercial Obligations (2006), Tai-Heng Cheng applies the New Haven School methodology to an opaque and unsettled body of international law: that governing the commercial rights and duties of states, creditors, and other participants in the unruly process of state succession. Rather than work within inherited conceptual and doctrinal frameworks, which have seldom proved either helpful or descriptively accurate, Cheng provides a fresh perspective on the issues. He argues that a policy-oriented perspective on state succession ameliorates the "descriptive inaccuracy" and "normative deficit" of inherited theories. Part I of this review considers the former claim; Part II …

Salt Ingestion Caves, Charles A. Lundquist, William W. Varnedoe Jr.

International Journal of Speleology

Large vertebrate herbivores, when they find a salt-bearing layer of rock, say in a cliff face, can produce sizable voids where, over generations, they have removed and consumed salty rock. The cavities formed by this natural animal process constitute a unique class of caves that can be called salt ingestion caves. Several examples of such caves are described in various publications. An example in Mississippi U.S.A., Rock House Cave, was visited by the authors in 2000. It seems to have been formed by deer or bison. Perhaps the most spectacular example is Kitum Cave in Kenya. This cave has been …

Tracer-Test Design For Losing Stream–Aquifer Systems, Malcolm S. Field

International Journal of Speleology

Hydrological tracer testing is an effective way for assessing the significance and extent of leakage through the bed of an influent (losing and sinking) stream. In karstic terranes, leakage from losing and sinking streams typically resurge at downstream springs, but flow may be intercepted by production wells. Although sinking streams that disappear into swallow holes and caves are relatively easy to trace, developing a tracer test design for a losing stream that allows slow percolation through its bed is complicated by the lack of basic knowledge regarding leakage rate, leakage locations along its length, and temporal variability. To overcome these …

Iredell Reclaimed: Farewell To Snowiss's History Of Judicial Review, Gerald F. Leonard

Faculty Scholarship

Even after the publication of Larry Kramer's The People Themselves, the early history of judicial review suffers from the unfortunate influence of Sylvia Snowiss's Judicial Review and the Law of the Constitution. Snowiss misread, among other things, James Iredell's foundational argument in 1786 for the inevitability and necessity of judicial review. Snowiss claimed that early understandings of judicial review conceptualized it not as a legal doctrine but as a doctrine of political and revolutionary resistance. In fact, however, Iredell argued for judicial review as a straightforward, legalistic consequence of popular sovereignty. In Iredell's influential account, the transition from the British …

Radon In Caves: Clinical Aspects, Stephen A. Craven, Berend J. Smit

International Journal of Speleology

Historical, experimental and clinical evidence is presented to suggest that radon constitutes a relatively small carcinogenic risk for casual visitors to caves. The risk is dependent on radon levels and the smoking of tobacco. Show cave guides, chronically exposed to radon, may be at increased risk for lung cancer due to the effects of radon, especially if they are smokers of tobacco.

State Convicts And Federal Courts: Reopening The Habeas Corpus Debate, Larry Yackle

Faculty Scholarship

I know what you are thinking. Of all the things that can conceivably happen in this field, the least likely (the very least likely) is that Congress will take a fresh look at federal habeas corpus for state prisoners. It was only in 1996 that Congress enacted the Antiterrorism and Effective Death Penalty Act (AEDPA),' which ostensibly "reformed" the scheme by which prisoners employ federal habeas to challenge state criminal convictions or sentences. 2 Passing a bill of this magnitude is no small feat. Once such legislation receives approval from both houses of Congress and the President, no one has …

Are They Human Children Or Just Border Rats?, Susan M. Akram

Faculty Scholarship

No abstract provided.

Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas

Faculty Scholarship

Since September 11, 2001, the threat of bioterrorism has caused Congress and the President to dramatically increase research funding for countermeasures, including funding for new biosecurity laboratories. The new kind of war against non-state actors who use terror to intimidate populations has also made the creation of new ethical and legal rules for researchers seem critical. New laws have been passed, and there have been proposals for new codes of ethics for bioterrorism-related research. Almost five years after September 11, however, the outcome of the development of new research rules remains uncertain.

Intelligent Judging: Evolution In The Classroom And The Courtroom, George J. Annas

Faculty Scholarship

Religious arguments have permeated debates on the role of the law in medical practice at the beginning and the end of life. But nowhere has religion played so prominent a role as in the century-old quest to banish or marginalize the teaching of evolution in science classes. Nor has new genetics research that supports evolutionary theory at the molecular level dampened antievolution sentiment. Requiring public-school science teachers to teach specific religion-based alternatives to Darwin's theory of evolution is just as bad, in the words of political comedian Bill Maher, as requiring obstetricians to teach medical students the alternative theory that …

Hunger Strikes At Guantanamo: Medical Ethics And Human Rights In A “Legal Black Hole”, George J. Annas

Faculty Scholarship

Being Human, a collection of readings assembled by President George W. Bush's Council on Bioethics, contains a powerful description of the force-feeding of Soviet political prisoner Vladimir Bukovsky, who was on a hunger strike to protest the refusal of prison authorities to provide a lawyer for a fellow inmate who was awaiting trial:

They started feeding me forcibly through the nostril. By a rather thick rubber tube with a metal end on it. . . . The procedure will be that four or five KGB guys will come to my cell, take me to a medical unit, put a straitjacket …

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An Essay On The Challenges Of Drafting A Uniform Law Of Software Contracting, Maureen A. O'Rourke

Faculty Scholarship

This Essay, originally presented at Lewis & Clark Law School’s 2006 Distinguished Intellectual Property Visitor lecture, discusses the challenges involved in developing a uniform law of software contracting. Technology and the law have developed since 1995, when the first efforts to codify such a law began. These earlier efforts were largely unsuccessful, and substantial uncertainty still exists in transactions involving software. In this Essay, Dean O’Rourke discusses the American Law Institute’s Principles project that seeks to identify approaches courts could use in adjudicating disputes involving software agreements. The challenges of developing the Principles include the same theoretical, practical and political …

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

Faculty Scholarship

The current state of religion in the nation's public schools is odd indeed. On the one hand, the courts have consistently held that public school teachers may not lead their students in an organized prayer. Yet on the other hand, most people seem to agree that there is no problem with those same teachers leading their students in the Pledge of Allegiance, an exercise that asks students on a daily basis, not only to explicitly recognize the existence of a single god, but also to link the nation's very identity to that highly contested theological proposition. Likewise, despite the fact …

Kitzmiller And The "Is It Science?" Question, Jay D. Wexler

Faculty Scholarship

When Judge John E. Jones, III, a United States District Court judge appointed by President George W. Bush, ruled that the Dover school board's intelligent design (ID) policy violated the Establishment Clause, ID opponents were ecstatic. They had good reason to be. The opinion was a comprehensive and complete victory for ID opponents. The decision held that the policy was an unconstitutional endorsement of religion when viewed both from a reasonable Dover student's perspective as well as from the perspective of a reasonable adult in the Dover community. It also held that the policy was adopted for a religious purpose, …

Some Abcs Of Feminist Sex Education (In Light Of The Sexuality Critique Of Legal Feminism), Linda C. Mcclain

Faculty Scholarship

This essay offers some ABCs for a framework for sex education informed by feminist and liberal principles, in contrast to the conservative sexual economy underlying abstinence-only sex education. It embraces affirmative governmental responsibility to foster sexual and reproductive agency and responsibility and stresses the aims of capacity, equality, and responsibility. An adequate program of sex education should also address how gender role expectations and stereotypes may stand in the way of adolescents developing capacities for responsible self-government and acquiring a sense of personal agency with respect to intimacy and sexuality. The Essay then evaluates such a feminist project in light …