Digital Commons Network^™

Local Government Law, R. Perry Sentell

Mercer Law Review

In the early 1950's, condemnation was rare and political suicide. A popular limited access road was being delayed by a farmer. When the State survey crew showed up, the farmer was standing at a fence with his shotgun. He never moved, but the survey crew would not go beyond the fence.

After the Attorney General, District Attorney, and Sheriff failed, the assignment devolved to the County Attorney. I walked up to the fence. "John, we have known each other a long time." "You take one step further," replied the farmer, "and we will not know each other for a longer …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes the significant Georgia cases and legislation from the period of June 1, 2005 through May 31, 2006 that pertain to Georgia fiduciary law. Specifically, the Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

There was minimal legislation during the 2006 term of the Georgia General Assembly that impacted workers' compensation. In fact, most of the legislative changes could be characterized as general housekeeping measures. For example, Official Code of Georgia Annotated ("O.C.G.A.") section 34-9-104 was changed to make its wording consistent with that found in other sections of the Workers' Compensation Act. The mandate that the employee shall receive notice from the employer was changed to provide that the employer shall send notice to the employee. The time limit for submitting mileage expenses was clarified as running one year from the date that …

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis, Amitabha Bose, Joseph L. Cooley

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law handed down by Georgia appellate courts between June 1, 2005 and May 31, 2006. The cases surveyed fall primarily within five categories: (1) condemnation, (2) restrictive covenants, (3) easements, (4) zoning, and (5) miscellaneous.

Exploring Appreciative Inquiry And Its Link To Creativity, Maren Baermann

Creativity and Change Leadership Graduate Student Master's Projects

The purpose of this project was to gain a deeper insight into Appreciative Inquiry and to understand possible connections between this philosophy of change and creativity in general and the creative process in particular. The intention of combining a literature research with a practical application was fourfold: Firstly, this approach would provide insight into the philosophy of Appreciative Inquiry (AI) and its methods and tools. Secondly, equipped with the background knowledge on creativity available to me from the creative studies program and beyond, I expected to discover some parallels and links from AI to creativity during my literature research. Thirdly, …

Reality Check For Production Companies: Why Writers On Reality Television Are Entitled To Overtime Pay, Alexis Miller

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Rethinking Dred Scott: New Context For An Old Case, Austin Allen

Chicago-Kent Law Review

Scholars have misunderstood the context in which Dred Scott emerged. Leading historical interpretations of the decision have relied too heavily on accounts developed by antebellum Republicans and on mid-twentieth-century legal theory. This article offers an alternative account of Dred Scott's origins and argues that the decision emerged from a series of unintended consequences resulting from the Taney Court's efforts to incorporate a Jacksonian vision of governance into constitutional law. By 1857, this effort had generated tensions that made a sweeping decision like Dred Scott nearly unavoidable. The inescapable nature of Dred Scott carries implications for constitutional theorists, especially those …

The "Beautiful Death" In The Smith Family, Samuel Brown

BYU Studies

Despite thoughtful attempts by Douglas Davies to situate death at the center of the Mormon “culture of salvation,” the exploration of death in early Mormonism has been somewhat limited to date, particularly as it relates to the Smith family and the earliest years of Mormonism. Against this relative silence stands the testimony of the Smiths themselves, who were deeply concerned with questions of mortality. Joseph Smith was unequivocal on this point during his 1843 funeral sermon for James Adams: “All men know that all men must die. What is the object of our coming into existence then dying and falling …

Junius And Joseph: Presidential Politics And The Assassination Of The First Mormon Prophet. By Robert S. Wicks And Fred R. Foister, Susan Sessions Rugh

BYU Studies

Robert S. Wicks and Fred R. Foister. Junius and Joseph: Presidential Politics and the Assassination of the First Mormon Prophet. Logan, Utah: Utah State University Press, 2005.

Good Faith In Contract Law : A Comparative Survey, C.M. Fong

Research Publications (2006 to 2010)

The law of contracts has generally been understood in the context of the capitalistic market. Encouraged by the eighteenth century pre-market economy, ideas of freedom of contract bloomed in the nineteenth century laissez faire period. Among the results of this period were standard form contracts, exclusion clauses and a strict adherence to the construction of the terms agreed upon. However, the law of contract has undergone much transformation. It is submitted that what may be described as a former traditional treatment of contract law has now been gradually replaced by a modern treatment of contract law. This modern period of …

Evaluation Of A Telephone-Based Support Group Intervention For Female Caregivers Of Community-Dwelling Individuals With Dementia, Laraine Winter, Laura N. Gitlin

Center for Applied Research on Aging and Health Research Papers

Family caregivers, the "second victims" or hidden patients in dementia care, are at risk for social isolation, stress, depression, and mortality. Telephone-based support (telesupport groups) represents a practical, low-burden, low-cost source of emotional support. The present study evaluated the feasibility and effectiveness of professionally led telephone-based support groups for female family caregivers of community-dwelling dementia patients. Recruited through various community sources, 103 female caregivers were randomized to the telesupport group treatment or a control condition. Effects on caregiver burden, depression, and personal gains were evaluated at 6 months, the main end point. Older caregivers (≥65) in telesupport reported lower depression …

Oxpat/Pat-1 Is A Ppar-Induced Lipid Droplet Protein That Promotes Fatty Acid Utilization, Nathan E. Wolins, Benjamin K. Quaynor, James R. Skinner, Anatoly Tzekov, Michelle A. Croce, Matthew C. Gropler, Vijayalakshmi Varma, Aiwei Yao-Borengasser, Neda Rasouli, Philip A. Kern, Brian N. Finck, Perry E. Bickel

Clinical and Translational Science Faculty Publications

Lipid droplet proteins of the PAT (perilipin, adipophilin, and TIP47) family regulate cellular neutral lipid stores. We have studied a new member of this family, PAT-1, and found that it is expressed in highly oxidative tissues. We refer to this protein as "OXPAT." Physiologic lipid loading of mouse liver by fasting enriches OXPAT in the lipid droplet tissue fraction. OXPAT resides on lipid droplets with the PAT protein adipophilin in primary cardiomyocytes. Ectopic expression of OXPAT promotes fatty acid-induced triacylglycerol accumulation, long-chain fatty acid oxidation, and mRNAs associated with oxidative metabolism. Consistent with these observations, OXPAT is induced in mouse …

Cave Talk, December 2006, Susan Berdeaux

Cave Talk

Contents: Message from the President -- Caverns of Sonora “Butterfly” Formation Vandalized! -- Cave Radiation Management Plan -- “Radon” Be Gone! -- NCA Insurance Committee Update -- Redistricting of the NCA -- Membership Committee Update -- 5th ISCA Congress - Bermuda -- President Brad Heads South -- CaveTalk -- Gift Show Update -- Upcoming Gift Shows -- 2007 NCA Convention Update -- Outdoor Advising Committee Update -- NCA Joins OAAA -- Midwinter Meeting -- Brochure Cover Change -- NCA Website Update -- Still in the Family -- in Print -- ACKMA -- NSS News -- Awards -- IRS Sets Business …

Texas, Mark W. Lockwood, Randy Pinkston, Ron Weeks

North American Birds

No abstract provided.

Colorado And Wyoming, Christopher L. Wood, Tony Leukering, Bill Schmoker

North American Birds

No abstract provided.

Assessing Catholic Identity: A Study Of Mission Statements Of Catholic Colleges And Universities, Sandra M. Estanek, Michael J. James, Daniel A. Norton

Journal of Catholic Education

Since the publication of Ex Corde Ecclesiae (John Paul II, 1990), Catholic colleges and universities have become more deliberate and intentional regarding their institutional and Catholic identity. This article continues the conversation about catholic identity as it relates to student outcomes, and proposes some preliminary strategies for assessment.

Editors’ Comments, Thomas C. Hunt, Ronald J. Nuzzi

Journal of Catholic Education

No abstract provided.

Envisioning New Forms Of Leadership In Catholic Higher Education: Recommendations For Success, Megan Moore Gardner

Journal of Catholic Education

The impact of increases in lay leadership in Catholic higher education is an issue of considerable debate. Opponents of the change believe that the traditional identity and mission of Catholic institutions may be significantly altered if lay leaders fail to intentionally nurture Catholic values and practices. Others believe that lay leaders may strengthen and enact the institutional mission just as effectively as could vowed religious leaders. This article provides an overview of a recent study about the perceived impact of lay leadership at one Catholic university. A history of the issues at hand and the methodology of the study are …

Establishing National Access And Benefit Sharing Regimes To Protect Biodiversity: A Developing Country Perspective, G.S. Nijar

Research Publications (2006 to 2010)

No abstract provided.

An Enemy Of Freedom: United States V. James J. Smith And The Assault On The Fourth Amendment, Kelly J. Smith

Loyola of Los Angeles Law Review

No abstract provided.

A Low Threshold Of Guilt: Interpreting California's Fetal Murder Statute In People V. Taylor, Monica Mendes

Loyola of Los Angeles Law Review

No abstract provided.

Generating Paraphrases With Greater Variation Using Syntactic Phrases, Rebecca Diane Madsen

Theses and Dissertations

Given a sentence, a paraphrase generation system produces a sentence that says the same thing but usually in a different way. The paraphrase generation problem can be formulated in the machine translation paradigm; instead of translation of English to a foreign language, the system translates an English sentence (for example) to another English sentence. Quirk et al. (2004) demonstrated this approach to generate almost 90% acceptable paraphrases. However, most of the sentences had little variation from the original input sentence. Leveraging syntactic information, this thesis project presents an approach that successfully generated more varied paraphrase sentences than the approach of …

Thirteen Ways Of Looking At Dred Scott, Jack M. Balkin, Sanford Levinson

Chicago-Kent Law Review

Dred Scott v. Sandford is a classic case that is relevant to almost every important question of contemporary constitutional theory.

Dred Scott connected race to social status, to citizenship, and to being a part of the American people. One hundred fifty years later these connections still haunt us; and the twin questions of who is truly American and who America belongs to still roil our national debates.

Dred Scott is a case about threats to national security and whether the Constitution is a suicide pact. It concerns whether the Constitution follows the flag and whether constitutional rights obtain in federally …

Benjamin Curtis: Top Of The List, R. Owen Williams

Chicago-Kent Law Review

Among the many brave and brilliant dissents from the Supreme Court, few are more historically significant than that of Benjamin Curtis in Dred Scott v. Sandford. Earl Maltz insists that the traditional view of Curtis as a dispassionate Justice is incorrect; Curtis is better seen as the "Last Angry Man." This paper considers the famous dissent, the man who wrote it, and the technical analysis Maltz claims as sine qua non to a proper understanding of the opinion.

What Was Taney Thinking? American Indian Citizenship In The Era Of Dred Scott, Frederick E. Hoxie

Chicago-Kent Law Review

Historians have often noted that Chief Justice Taney's decision in Dred Scott juxtaposed a denial of African American rights to citizenship with an assertion that Native Americans could obtain that status. Explaining this apparently inconsistent description of two racial minority groups requires an examination of the history of Native American classification in the law prior to 1857. This article argues that political leaders and judges of Taney's generation were committed to the removal of Indian tribes from eastern states and commonly proposed this removal as a choice between migrating west or dissolving tribal governments in order to remain in the …

Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland

Chicago-Kent Law Review

One distinctive feature of the Dred Scott decision for modern readers is the extent to which the Supreme Court Justices looked to foreign and international law in support of their decisions. The legal status of a slave who entered a free jurisdiction was a question that had been confronted by many courts at home and abroad, and international law had played an important role in American and European adjudication of slavery questions. The Justices therefore were confronted with the strikingly modern question of the extent to which U.S. law embraced, or distinguished itself from, foreign practice. Arguments from foreign and …

Signed General Releases May Be Worth Less Than Employers Expected: Circuits Split On Whether Former Employee Can Sign Release, Reap Its Benefit, And Sue For Fmla Claim Anyway, Muniza Bawaney

Chicago-Kent Law Review

A circuit split has recently developed regarding the correct interpretation of 29 C.F.R. § 825.220(d), a regulation issued pursuant to the Family and Medical Leave Act of 1993, which states in pertinent part, "Employees cannot waive, nor may employers induce employees to waive, their rights under FMLA." The Fifth Circuit correctly concluded that 29 C.F.R. § 825.220(d) bars only the prospective waiver of substantive rights under the FMLA and does not reach the post-dispute release or settlement of FMLA claims. Subsequently, the Fourth Circuit alternatively concluded that § 825.220(d) prohibits the prospective and retrospective waiver or release of both the …

Proteome Analysis Of Pseudomonas Putida Kt2440 Using 2d Gel Electrophoresis And Lc/Esi-Q-Tof Mass Spectrometry, Archana Pandey

Theses

The proteome can be defined as the complete set of global protein expression by an organism at any given time. It is this gene expression rather than genome itself that is responsible for most of the reactions taking place within a cell. Tools such as two-dimensional polyacrylamide gel electrophoresis (2D-PAGE) and mass spectroscopy (MS) are often utilized for the analysis and identification of the proteins that constitute the proteome. This thesis provides a general overview of proteomics and describes the underlying processes, mechanisms and technologies associated with modern proteomic analysis with specific emphasis on the use of electrospray ionization time …

Normal Sleep And Circadian Rhythms: Neurobiologic Mechanisms Underlying Sleep And Wakefulness, Dimitri Markov, Marina Goldman

Department of Psychiatry and Human Behavior Faculty Papers

Sleep is a vital, highly organized process regulated by complex systems of neuronal networks and neurotransmitters. Sleep plays an important role in the regulation of central nervous system and body physiologic functions. Sleep architecture changes with age and is easily susceptible to external and internal disruption. Reduction or disruption of sleep can affect numerous functions varying from thermoregulation to learning and memory during the waking state.

Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences

William & Mary Bill of Rights Journal

Presented at the Brigham-Kanner Property Rights Conference.