Digital Commons Network^™

Preparing For The Future: An Evaluation Of Alternative Methods For Estimating The Needed Capacity Of Nursing Home Beds In Kentucky, Michelle D. Woods

MPA/MPP/MPFM Capstone Projects

Due to the aging of the generation known as “Baby Boomers”, the nation is expected to witness extraordinary growth in the total population ages 65 and over. Population projections provided by the United States Bureau of the Census suggest that this segment of the population will double in size to 72 million by the year 2030. In order to prepare for the anticipated increase elderly Americans, policy officials have been analyzing the potential effects on the nation’s long-term care system. Although Baby Boomers can expect to live longer than their predecessors, as they age, it is predicted that this generation …

The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device, Andrea B. Carroll

Santa Clara Law Review

No abstract provided.

The Face Of Dignity: Principled Oversight Of Biomedical Innovation, Rhonda Gay Hartman

Santa Clara Law Review

No abstract provided.

2007 Aasu Men's Basketball Guide, Armstrong State University

Armstrong Athletics: Men's Basketball Records (Archived)

No abstract provided.

The Gift Of Milner Ball, Thomas L. Shaffer

Georgia Law Review

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend-my colleague, too-and also my teacher (in two senses, including the I-once-paid- tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the …

A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry

Georgia Law Review

Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. …

Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.

Georgia Law Review

This Article examines the professional life of former U.S. Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. Professor Brown does so through the vehicle of perhaps Ramsey Clark's most perplexing client choice-deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances? These are the specific questions that this Article …

A Pattern Recognition Approach To The Development Of A Classification System For Upper-Limb Musculoskeletal Disorders Of Workers, Dorcas E. Beaton, Claire Bombardier, Donald C. Cole, Sheilah Hogg-Johnson, Dwayne Van Eerd, Bradley A. Evanoff, The Clinical Expert Group

Occupational and Health Faculty Publications

No abstract provided.

Validity Of Nordic-Style Questionnaires In The Surveillance Of Upper-Limb Work-Related Musculoskeletal Disorders, Alexis Descatha, Yves Roquelaure, Jean Francois Chastang, Bradley A. Evanoff, Maria Melchior, Camille Mariot, Catherine Ha, Ellen Imbernon, Marcel Goldberg, Annette Leclerc

Occupational and Health Faculty Publications

No abstract provided.

Unsafe In America: A Review Of The U.S.-Canada Safe Third Country Agreement, Andrew F. Moore

Santa Clara Law Review

No abstract provided.

From The Frying Pan Into The Fire: How Poor Women Of Color And Children Are Affected By Sentencing Guidelines And Mandatory Minimums, Nekima Levy-Pounds

Santa Clara Law Review

No abstract provided.

Kooky Collects: How The Conflict Between Law And Psychiatry Grants Inheritance Rights To California's Mentally Ill Slayers, Laurel Sevier

Santa Clara Law Review

No abstract provided.

Buy Me A Pound Of Flesh: China's Sale Of Death Row Organs On The Black Market And What Americans Can Learn From It, Sunny Woan

Santa Clara Law Review

No abstract provided.

But Can It Be Fixed - A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter

Santa Clara Law Review

No abstract provided.

Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino

Santa Clara Law Review

No abstract provided.

Does Paid Family Leave Really Pay For Small Businesses In California, Guissu Raafat

Santa Clara Law Review

No abstract provided.

Book Review [America's Tunnel Vision-How Insurance Companies' Propoganda Corrupts Medicine & Law], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

High Stakes Tests: A Contrarian View, Loni Hancock

Santa Clara Law Review

No abstract provided.

Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil

St. Mary's Law Journal

In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …

The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens

St. Mary's Law Journal

The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …

Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren

St. Mary's Law Journal

To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …

Essentially A Mother, Jennifer S. Hendricks

Publications

This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.

The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …

Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff

Publications

No abstract provided.

2007-2008 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Four Marianist Martyrs: Madrid, 1936, Robert D. Wood

Marianist Publications

PREFACE

Because I felt that English-speaking Marianists and the Marianist family might like to know something about the four Spaniards of the Society of Mary who will be beatified on October 28 of this year, I have culled all of the information for this book from the recently published book of Fr. José María Salaverri, S.M.1, with his permission. This is not a translation, though at times I have followed his text fairly closely, and in some cases used his wording. The present work is considerably shorter than the original book. The reason is that I have a) eliminated many …

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Publications

The suboptimal state of communications technology used by public safety agencies has emerged as a high profile political issue. In most cases, public safety agencies are able only to communicate using antiquated networks, engineered solely for providing voice communications and unable to interoperate beyond a select number of users. This type of system fails to provide the type of economies of scale, network flexibility, or the broader functionalities routinely used by the military and private sector enterprises. The challenge facing policymakers is thus how to develop a next generation architecture for public safety and spur adoption of a new set …

Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss

Publications

This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …

Multicultural Considerations For Building Learning Communities, Cher N. Edwards, Scott Edwards

International Christian Community of Teacher Educators Journal

Educational policies call for inclusion and attention to cultural differences in our schools. Administrators, classroom educators, counselors, and other support staff attempt to attend to students through a cooperative effort of connecting with the community beyond the school building, as well as the families represented within it. As Christians, there is a higher calling to truly embrace those often underserved in our learning communities. This paper will address multicultural issues important for United States and United Kingdom school system staff to be mindful of when focusing on students and their families.

Education: The Key To Africa’S Future, Heather Bixby

International Christian Community of Teacher Educators Journal

Africa, a continent full of abundance and potential, is ironically hindered in desolation, deprivation, and chaos. The growth, future, and potential success of Africa is solely dependent on the education of its children. After identifying a number of educational barriers, defining the need for educational improvement, and documenting the efficiency of Western aid, this paper concludes that the West needs to recognize that it is the Africans who must ultimately save their own countries. However, Western programs and aid can help restore Africa when used thoughtfully and effectively. National programs and foreign funding must promote education that places value on …

Perceptions And Needs Of Rural Young People In The South-West Of Western Australia : Implications For Pedagogy, Rhonda Oliver, Lynelle Watts, Joan Strikwerda-Brown, David Hodgson, Marilyn Palmer

Research outputs pre 2011

The original purpose of this study was to investigate youth needs, specifically in the south western region (the 'South West') of Western Australia, and then to explore how these needs might be addressed in terms of current curriculum and teaching practices. The following research questions guided our investigation:

- What are the educational and occupational aspirations of young people from the South West of Western Australia?

- What do young people identify as influences on their educational and occupational aspirations and attainment?

As the data collection progressed, it was evident to all those involved that, whilst there were expressed needs, …