Digital Commons Network^™

Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, J. Haskell Murray

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, limited liability company, partnership, agency, and joint venture law decided during the survey period by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. This Article also summarizes enactments at the 2007 Session of the Georgia General Assembly to the Official Code of Georgia Annotated ("O.C.G.A.") with respect to banking, finance, commerce, corporation, partnership, and associations laws.

Construction Law, Dana R. Grantham, David L. Hobson, David J. Mura Jr.

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2006 and May 31, 2007. The cases this year are divided into four general categories: (1) contracts, (2) torts, (3) liens and bonds, and (4) arbitration. Recent legislation is summarized in Section V of this Article.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys administrative law developments in appellate cases from June 1, 2006 through May 31, 2007. Only cases from the Georgia Supreme Court and the Georgia Court of Appeals have been reviewed. As compared to prior years, the number of cases in which administrative law principles played a significant role showed no upward spike. There are many other topics that concern elements of administrative law, but this Article does not address cases containing those specific subject matter topics. There is likely some duplication of cases among the subject matter topics, but only the administrative law elements are emphasized in …

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

This survey period saw domestic relations law continue to evolve through new legislation and new case law. The 2006 Georgia legislature made dramatic changes to the child support calculations that took effect in 2007. The 2007 Georgia legislature has turned its focus to child custody issues, including passing laws requiring parenting plans in custody, allowing attorney fee awards, and allowing for direct appeals in child custody cases. The Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, and as a result, the appellate courts have been able to give guidance to those interested in domestic relations law.

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Glen R. Fagan

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations between Georgia employers and employees. Accordingly, it surveys published decisions from the Georgia Court of Appeals and the Georgia Supreme Court from June 1, 2006 to May 31, 2007, as well as selected cases decided by the United States District Court, which purported to refine principles of Georgia employment law. This Article also highlights specific revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Local Government Law, R. Perry Sentell

Mercer Law Review

This particular [City Commission] meeting had drawn on for quite some time, until it was getting fairly late. We heard someone knocking very rapidly on the plate glass window. As I turned around, I observed an elderly woman, the wife of the Mayor. The Mayor appeared to ignore his wife and continued to conduct the meeting. Not getting any response from her knocking, the wife then walked into the building, grabbed the Mayor by the arm, and scolded him that it was ridiculous that the City Commission was meeting so late at night. "You," she informed the Mayor, "are going …

Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz

Mercer Law Review

The Georgia Supreme Court reviewed, and reversed, two cases featured prominently in last year's Insurance survey article, and it also held a key provision of tort reform preempted by federal law.

The Georgia Supreme Court reversed the decision in Ryder Integrated Logistics, Inc. v. BellSouth Telecommunications, Inc. and held that an agreement to name another as an additional insured could not be used to salvage an invalid indemnification clause in the parties' contract. The legislature amended Official Code of Georgia Annotated ("O.C.G.A.") section 13-8-2 to help avoid this type of litigation in the future.

However, both appellate courts continued …

Torts, Deron R. Hicks, Travis C. Hargrove

Mercer Law Review

No abstract provided.

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, 2006 through May 31, 2007 that pertain to Georgia fiduciary law and estate planning. Specifically, this 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

The year 2007 was relatively quiet for workers' compensation legislation in the Georgia General Assembly. However, there were several statutory modifications of note.

The Georgia Workers' Compensation Act has long excluded "farm laborers" from its coverage. The scope of that exclusion was clarified by including within the term farm laborer "any person employed by an employer in connection with the raising and feeding of and caring for wildlife, as such term is defined in paragraph (77) of [Official Code of Georgia Annotated ("O.C.G.A.")] Section 27-1-2." The Code section referenced defines wildlife as "any vertebrate or invertebrate animal life indigenous to …

Real Property, Linda S. Finley

Mercer Law Review

Each year, as the number of cases involving real property reported by Georgia's appellate courts continues to increase, it becomes more and more difficult to determine which cases to include in this survey Article. Nevertheless, this Article discusses case law and legislative developments in Georgia real property law from June 1, 2006 through May 31, 2007, selected either for their significance to real property law, to update attorneys who either regularly or from time to time practice or render opinions regarding real property, or to survey trends. However, as the reader may see, at times the cases surveyed were selected …

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

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 that were handed down by Georgia appellate courts between June 1, 2006 and May 31, 2007. The cases surveyed fall primarily within five categories: (1) condemnation, (2) nuisance and trespass, (3) easements and restrictive covenants, (4) zoning, and (5) miscellaneous.

An Assessment Of Athletic Health Care Provided To High School Athletes In Indiana, Lori Jane Vancza

All-Inclusive List of Electronic Theses and Dissertations

Objective: The purpose of this study is to assess various aspects of athletic health care being provided to athletes in high risk sports in Indiana and the personnel providing this care relative to school enrollment size in comparison to the recent recommendations published by the National Athletic Trainers' Association (NATA) regarding appropriate medical care for secondary school-aged athletes. Design and Settings: Based on a literature review, a 34 item web based survey for athletic directors (ADs) and a 33 item web based survey for identified head coaches were developed and distributed to 406 Indiana High School ADs. The survey instruments …

Risk And Recovery, John Austin, Chris Decker, Tom Doering, Ernie Gross, Bruce Johnson, Lisa Johnson, Ken Lemke, Franz Schwarz, Scott Strain, Eric Thompson, Keith Turner

Business in Nebraska

The crisis in the housing and financial sectors has led to a dramatic slowdown in U.S. economic growth. Fourth quarter GDP growth and job growth are expected to be anemic and the economy may fall into recession in 2008. Indeed, several of the dozen members of the Nebraska Business Forecast Council do believe that the U.S. economy will likely slip into recession during 2008. However, the overall consensus of the Council is that the U.S. economy will avoid a recession. Economic growth will be slow in the first three quarters of 2008 before recovering in late 2008 and 2009.

The …

Extended Visions, November/December 2007

Extended Visions Newsletter (ARDC)

Contents:
ARDC Director's Comments
ARDC FEATURE UNIT - Foundation Seed Division
About the People
About the Research
Introducing Husker Genetics
How a University of Nebraska HUSKER GENETICS Foundation Seed Variety Goes from the Lab to the Farmer
Annual Festival Teaches Youth About Ag
Bergman Recognized at Retirement Reception
Dec. 6 Workshop to Focus on Alternative Energy for Home, Farm, and Acreages
December Programs... Ethanol By-Product Use for Cow/Calf Producers and Farmer Feeders
How the Field Days Stack Up
MEAD MAGNET Update - Mead High School Agriculture Student Works at the Swine Unit
Nebraska Soybean Day and Machinery Expo

Endangered Species Bulletin: 2007 Highlights

Endangered Species Bulletin

In this issue:
4 Measuring Recovery Success
6 Partnerships Can Conserve Species and a Way of Life
8 Rare Bird Nests Are Cause for Celebration
10 Jump Starting a Rabbit’s Recovery
11 Conserving a Natural Utah Treasure
12 New Hope for the Leon Springs Pupfish
14 Sometimes It’s the Little Things That Matter
16 Cooperative Conservation for the Page Springsnail
18 A Rare Plant Returns to San Francisco Bay
20 Fisheries and Habitat Conservation
22 Species Recovery Through Habitat and Resource Conservation
24 Fish and Wildlife Management Assistance
26 Partnerships for Shared Stewardship
28 The Environmental Contaminants Program
30 The …

Justice For None: The Fourth Circuit's Decision In Denny V. Elizabeth Arden Salons, Inc. Undermines The Civil Rights Act Of 1964., Sarah Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Since Congress passed the Civil Rights Act of 1964, courts continue to grapple with identifying what establishments qualify as public accommodations. More specifically, the most contested section covers places of entertainment. There is a split in interpretation regarding whether to include establishments not expressly listed. The Fourth Circuit Court of Appeals, in Denny v. Elizabeth Arden Salons, Inc., ruled to exclude establishments not expressly listed, applying a strict textual approach. This Court’s ruling directly undermines the Civil Rights Act’s purpose of affording equal protection by drawing arbitrary distinctions between full-service spas and other spas. The Fourth Circuit Court’s narrow interpretation …

The Door To Higher Education: Accessible To All - Whether State-Funded Merit-Aid Programs Discriminate Against Minorities And The Poor., Erin Oehler

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

From Their Words: An Analysis Of Crs 615 Papers To Find Common Philosphy, Beliefs, And Values., Karen Loffler

Creativity and Change Leadership Graduate Student Master's Projects

This project used qualitative techniques to find common philosophies, values and beliefs among the graduate students of the Masters of Science degree in Creative Studies at Buffalo State College. The project examined twenty exit papers from the CRS 615 course from the early 1970‟s to 1999. The purpose of this project was to develop a baseline of philosophy, value and belief of the graduate students so others could have a foundation from which to build. Common themes from the Master‟s students‟ papers and definitions of philosophy, value, and belief were applied to the content of the papers. The results identified …

Exploration Of The Cps (Plain Language) And Thinking Skills Models And Creating Two Visuals, Aryna Ryan

Creativity and Change Leadership Graduate Student Master's Projects

In this project I explored the connections between the CPS (plain language) and Thinking Skills models through literature. I also created two visuals, which were wall hangings made of fabric and accoutrements. These hangings were my interpretations of these two models and were evaluated for teaching Creative Problem Solving and facilitating CPS sessions.

Using Creativity Tools To Improve The Product Development Process, Rachel Wiatrowski

Creativity and Change Leadership Graduate Student Master's Projects

Throughout the product development process, problems arise that challenge the success and inventiveness of a product. Creativity tools and techniques enable the multi-disciplinary teams that develop these products to react to problems and thereby, develop superior products. However, when each member of a product development team does not have the same foundation of creativity training, it can be difficult to use these tools effectively. The purpose of this project is to assist product development in using creativity tools and techniques both in and outside of creative problem solving group sessions, and to improve the quality and originality of products overall. …

Improvisation Within The Research And Concepts Of Creative Studies, Daniel Dore

Creativity and Change Leadership Graduate Student Master's Projects

This project uses the different research and concepts with the curriculum of the Creative Studies program and integrates them within the scene-games of improvisation. The purpose of this is to learn or reinforce this research in one of the most fun and exciting ways possible.

Goodbye To All That, Or A Fool's Errand, By One Of The Fools: How I Stopped Worrying About Court Responses To Handwriting Identification (And Forensic Science In General) And Learned To Love Misinterpretations Of Kumho Tire V. Carmichael , Michael D. Risinger

Tulsa Law Review

No abstract provided.

Industrial And Competition Policies In Mexico, Eduardo Perez Motta

Chicago-Kent Law Review

Until the 1980s, the Mexican economy was closed and strongly directed and controlled by the central government. However, starting with the second half of this decade and continuing into the 1990s, a marked change in industrial policy sought to create conditions that would open the economy and foster competition and economic efficiency. This process was undertaken by implementing a first generation of reforms, which included policies designed to attain macroeconomic stability, trade openness, and a modernization of the regulatory framework. A second generation of reforms included the application of horizontal instruments, like standardization and metrology; the passing of new laws, …

What Is The Point Of International Criminal Justice?, Mirjan Damaška

Chicago-Kent Law Review

The first part of the article discusses the goals international criminal courts have set for themselves. The author believes that these goals are too numerous, that they are often in conflict, and that the courts are not well suited for the achievement of some of them. This situation generates disparity between the courts' aspiration and achievement, a degree of disorientation, and difficulty in assessing the courts' performance. Disillusionment stemming from unfulfilled expectations, and inconsistencies springing from disorientation, are harmful to any system of justice, and especially to international criminal courts whose legitimacy is still fragile.

In the second part of …

Phylogeny Of The Grasses (Poaceae) Revisited, Melvin R. Duvall, Jerrold I Davis, Lynn G. Clark, Jeffrey D. Noll, Douglas H. Goldman, J. Gabriel Sánchez-Ken

Aliso: A Journal of Systematic and Floristic Botany

The most robust previously published phylogeny for the overall structure of the grass family (Poaceae) shows three early diverging lineages and two major derived clades, the BEP clade and the PACCAD clade (Grass Phylogeny Working Group 2001). A few key taxa were incompletely sampled, however, and support for the BEP clade was moderate at best and relationships among the major lineages within the PACCAD clade remained unresolved. In addition, recent studies indicated that the sister group to Poaceae may be Joinvilleaceae and/or Ecdeiocoleaceae, the latter of which were not previously sampled. In this study, missing structural data were determined and …

List Of Reviewers Vol. 23

Aliso: A Journal of Systematic and Floristic Botany

No abstract provided.

Allopolyploids Of The Genus Elymus (Triticeae, Poaceae): A Phylogenetic Perspective, Roberta J. Mason-Gamer

Aliso: A Journal of Systematic and Floristic Botany

The wheat tribe, Triticeae, includes many genomically distinct polyploid taxa. Elymus is an entirely allopolyploid genus, with all species containing the St genome of Pseudoroegneria. The St genome may be combined with one or more distinct genomes representing multiple, diverse diploid donors from throughout the tribe. This study includes a simultaneous phylogenetic analysis of new and previously published data from several distinct Elymus groups, including North American and Eurasian StStHH tetraploids, in which the H genome is derived from Hordeum, Eurasian StStYY tetraploids, in which the Y genome is derived from an unknown donor, and a putative StStStStHH …

A Review Of The Judicial Approaches To The Recognition Of Customary Security Transactions In The Peninsular Malaysian Land Law, Y.C. Mei

Research Publications (2006 to 2010)

No abstract provided.

Bacterial Diversity In Ornithogenic Soils From Signy Island Maritime Antarctic - Temporal Ariafion, C.W. Chong, G.Y.A. Tan, R.C.S. Wong, I.K.P. Tan

Research Publications (2006 to 2010)

No abstract provided.