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Articles 22801 - 22830 of 25913
Full-Text Articles in Entire DC Network
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
St. Mary's Law Journal
The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …
American Legal Ethics In An Age Of Anxiety., Michael Ariens
American Legal Ethics In An Age Of Anxiety., Michael Ariens
St. Mary's Law Journal
The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
St. Mary's Law Journal
The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.
Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres
Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres
Case Western Reserve Journal of International Law
No abstract provided.
The Wheel Garden: Project Based Learning For Cross Curriculum Education, Sherry S. Herron, Douglas Magomo, Paula Rae Gossard
The Wheel Garden: Project Based Learning For Cross Curriculum Education, Sherry S. Herron, Douglas Magomo, Paula Rae Gossard
Faculty Publications
In this article, we discuss project-based learning in the context of a wheel garden as an instructional tool in science and mathematics education. A wheel garden provides multiple opportunities to teach across the curriculum, to integrate disciplines, and to promote community involvement. Grounded in the theoretical framework of constructivism, the wheel garden provides a multidisciplined educational tool that provides a hands-on, non-traditional arena for learning. We will examine some of the cultural, art, science, and mathematics connections made with this project
Once Whacked: The Survivability Of Civil Rico Claims, E. Rich Hawkes Ii
Once Whacked: The Survivability Of Civil Rico Claims, E. Rich Hawkes Ii
Utah Law Review
Organized criminals have ways of sticking it to you after you are dead—the law typically does not. The law will not send your family swimming with cement shoes, nor inflict any of the other creative kinds of harm depicted in films like The Godfather.1 But when organized criminals have harmed somebody, is it really a matter of punishment to go beyond their grave, not in the macabre manners of organized crime depicted in popular culture, but to recover money to pay for the injuries their criminal indiscretions have caused? It certainly seems just. In fact, in the civil portion of …
Misperceptions Matter: Title Vii Of The Civil Rights Act Of 1964 Protects Employees From Discrimination Based On Misperceived Religious Status, Charity Williams
Misperceptions Matter: Title Vii Of The Civil Rights Act Of 1964 Protects Employees From Discrimination Based On Misperceived Religious Status, Charity Williams
Utah Law Review
In conclusion, foul is not fair. If discrimination is based on religious animus, it is prohibited by Title VII, regardless of whether the employer is acting on misperception or the truth. Backlash discrimination based on religion may not always be linked to an immutable trait that is irrelevant to employment. As such, the perception of an employee’s religious status may be the basis upon which the discrimination is founded. While the language of Title VII is ambiguous regarding perceived status, the purpose and logic of Title VII almost certainly prohibits religious discrimination based upon traits that are irrelevant to employment, …
Tax Avatars, Bridget J. Crawford
Tax Avatars, Bridget J. Crawford
Utah Law Review
As avatars stand for the internet's end users, agents under a power of attorney act on behalf of the appointing principal. Both an avatar and an agent under a power of attorney are kinds of alter egos. The favorable wealth transfer tax treatment that legal avatars receive suggests their utility as a model for how the tax law could be expanded to recognize other choice-based relationships. In his novel The Partners, author and lawyer Louis Auchincloss wrote that ''[e]verything today is taxes. . . . What better seat on the grandstand of life can I offer you than that of …
Defamation Claims Based On Parody And Other Fanciful Communications Not Intended To Be Understood As Fact, Joseph H. King
Defamation Claims Based On Parody And Other Fanciful Communications Not Intended To Be Understood As Fact, Joseph H. King
Utah Law Review
In sonle types of communication, the 'author contends that her words were not intended to be understood as representing that the events portrayed actually occurred. Such communications comm/only take the form of parody, cartoons, caricature, or similar types of communication. Sometimes parodies and similar types of speech will be the bases of claims for defamation. The problem is that while a parody may often exact a severe emotional toll on its victim, it mayor may not adversely affect the victim's reputation. A victim's reputation can be harmed only if falsely depicted or implied events change the recipients' perception of the …
What Google Knows: Privacy And Internet Search Engines, Omer Tene
What Google Knows: Privacy And Internet Search Engines, Omer Tene
Utah Law Review
The Gonzales v. Google case and the AOL privacy debacle were not isolated or exceptional occurrences. They are but the tip of the jceberg of an emerging privacy problem on a grand scale, featuring Internet search engines as informational gat<*eepers harboring previously unimaginable riches of personally identifiable information. Billions of search queries stream across Google's servers each month, "the aggregate thoughtstream of humankind, online. Users may stomach such use of their personally identifiable information as part of their transaction with a company that offers an amazing service for no apparent cost. Yet they are less inclined to appreciate the sharing of their data with third parties, be they commercial, governmental, or, of course, criminal.
Use Interrupted: The Complicated Evolution Ofutah's Highway Dedication Doctrine, Clay Alger
Use Interrupted: The Complicated Evolution Ofutah's Highway Dedication Doctrine, Clay Alger
Utah Law Review
Utah's dedication doctrine has existed since before statehood. Over more than a century of interpretation, it has evolved from a doctrine based on the dedication principals of intent and acceptance, to a doctrine based on the prescription principals of adverse use. This seems to be the proper evolution, since the Dedication Statute's three recognizable eiements all point towards prescription doctrine (despite the statute's superficial "dedication" title). Yet, the Utah Supreme Court has recently interpreted the statute in a way that confuses the doctrines of implied dedication and prescription. In so doing, it has created a rule for interpreting "continuous use" …
"Freedom Comes Only From The Law": The Debate Over Law's Capacity And The Making Of Brown V. Board Ofeducation, Christopher W. Schmidt
"Freedom Comes Only From The Law": The Debate Over Law's Capacity And The Making Of Brown V. Board Ofeducation, Christopher W. Schmidt
Utah Law Review
Brown v. Board of Education emerged from a constellation of assumptions about race and law, the contours of which have yet to be fully reconstructed. We are familiar with the efforts of the National Association for the Advancement of Colored People (NAACP) and their allies to attack the belief, infamously espoused in Plessy v. Ferguson that segregation imposed no necessary badge of inferiority on African Americans. Familiar, too, is the growing recognition by the middle of the twentieth century of the importance of education to modem American society, a factor Chief Justice Earl Warren highlighted in the Brown opinion. And …
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
St. Mary's Law Journal
On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
St. Mary's Law Journal
Abstract Forthcoming.
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
St. Mary's Law Journal
Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
St. Mary's Law Journal
Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …
The Role Of Writing: Increasing Higher Level Thinking For All Students, Caroline Elser
The Role Of Writing: Increasing Higher Level Thinking For All Students, Caroline Elser
Graduate Research Papers
Teachers can use writing in three important ways to increase higher level thinking skills for all students. First, they must increase writing proficiency for struggling writers; second, writing can increase higher-level thinking, and third, writing can be used across content areas to increase writing fluency while fostering higher-level thinking.
Motivation Success And Failure, Dawn D. Buol
Motivation Success And Failure, Dawn D. Buol
Graduate Research Papers
My research question for this paper is: how can teachers identify the different types of unmotivated students as well as motivated students in the classroom? Moreover, what strategies could be used to motivate those unmotivated students in order to make them become successful life long learners?
Identity In Second Language Learning: Access To The Target Language Group, Stephanie J. Marra
Identity In Second Language Learning: Access To The Target Language Group, Stephanie J. Marra
Graduate Research Papers
In recent years the role of identity in SLA has emerged in the literature as the linguistic community develops an understanding of the significance of identity in language learning (McKay & Wong, 1996). Norton (2000) refers to identity as “how a person understands his or her relationship to the world, how that relationship is constructed across time and space, and how the person understands possibilities for the future” (p. 5). An understanding of identity in language learning and the relationship of the language learner to the learning environment helps to illuminate what previous theories about the role of affective variables …
Post-Miocene Deformation In The South Of The Galatean Volcanic Province, Nw Of Central Anatolia (Turkey), Bora Rojay, A. Karaca
Post-Miocene Deformation In The South Of The Galatean Volcanic Province, Nw Of Central Anatolia (Turkey), Bora Rojay, A. Karaca
Turkish Journal of Earth Sciences
Central Anatolia, located on the immense Alpine-Himalayan orogenic belt, has a complicated neotectonic evolution, and NE-SW-trending Neogene horsts-graben systems that rejuvenate pre-existing palaeostructures are among the most important structures which help us understand the tectonic evolution of Central Anatolia. Post-Miocene deformational studies were carried out in Miocene-Quaternary sequences situated at the southeastern margin of the Galatean Volcanic Province (NW of Central Anatolia, Turkey) in order to understand the deformational history of Central Anatolia. The structural analyses were based on bedding attitude data and fault plane slip data. Fold analysis in Miocene units gave an asymmetrical fold axis trending 046ºN. Although …
Punctuated Exhumation And Foreland Basin Formation And Infilling In (Circum)-Central Anatolia (Turkey) Associated With The Neo-Tethyan Closure, Durmuş Boztuğ, Haluk Temi̇z, Raymond Jonckheere, Lothar Ratscbacher
Punctuated Exhumation And Foreland Basin Formation And Infilling In (Circum)-Central Anatolia (Turkey) Associated With The Neo-Tethyan Closure, Durmuş Boztuğ, Haluk Temi̇z, Raymond Jonckheere, Lothar Ratscbacher
Turkish Journal of Earth Sciences
Apatite fission-track data indicate that the (circum)-central Anatolian granitoids (CAG) were exhumed during successive shortening phases following continent-continent collisions within the Neo-Tethyan domain in central and east-central Anatolia. The Early to Middle Paleocene exhumation of the CAG is thought to be a consequence of the collision between the Tauride-Anatolide platform (TAP) and the Eurasian plate (EP) following the consumption of the İzmir-Ankara-Erzincan strand of the northern Neo-Tethys. The Oligocene exhumation documented by the data for the Kösedağ pluton in east-central Anatolia is considered to be related to the compression due to continuing convergence between the EP and TAP which seems …
Relative Sea-Level Changes Of The Lower Cretaceous Deposits In The Chotts Area Of Southern Tunisia, Lazzez Marzouk, Mohamed Ben Youssef
Relative Sea-Level Changes Of The Lower Cretaceous Deposits In The Chotts Area Of Southern Tunisia, Lazzez Marzouk, Mohamed Ben Youssef
Turkish Journal of Earth Sciences
A transition facies between evaporate and clay, carbonate and siliciclastic deposits occurs within the Lower Cretaceous of Southern Tunisia. The sedimentary deposits comprise four major transgressive-regressive sedimentary sequences with distinctive sabkha, tidal to shallow carbonate marine platform, and mixed siliciclastic ramp environments. Sedimentation rates, as well as thickness and facies changes were controlled by tectonic, climatic and eustatic factors. Transgression pulses encompassing the whole Late Hauterivian-Barremian, Early Aptian and Late Albian have controlled the basin infill. Evaporate and siliciclastic systems pass gradually to carbonate deposition in the Chotts area. Our sedimentation model helps to decipher the roles of tectonics and, …
Standardized Testing And Alternative Assessment As A Means Of Measuring The Science Student, Johnpaul L. Collins
Standardized Testing And Alternative Assessment As A Means Of Measuring The Science Student, Johnpaul L. Collins
Graduate Research Papers
Should standardized tests be used as a means to effectively measure the work that is being done in today's science classroom. Accountability is a major issue in the subject of standardized testing, and constitutes the importance of this study. A review of literature has indicated that standardized testing has not necessarily improved education; and that alternative assessments are a more accurate measure of a student's knowledge. However cost, distribution, speed /accuracy of correction and distribution of data are on the side of the standardized format. There is a move by some states to alter the format of standardized tests, so …
National Board Of Professional Standards Portfolio Option, Rochelle Rene Wilkins
National Board Of Professional Standards Portfolio Option, Rochelle Rene Wilkins
Graduate Research Papers
No abstract provided.
Application Of A Fifth Grade Group With Behavioral Adjustment Difficulties, Lindsey B. Wahl Vandrovec
Application Of A Fifth Grade Group With Behavioral Adjustment Difficulties, Lindsey B. Wahl Vandrovec
Graduate Research Papers
There is a population of students that a school counselor works with based on behavioral issues in the classroom setting. Most often, these students come with labels such as Attention Deficit Hyperactive Disorder (ADHD), Emotional Disturbance Disorder, Conduct Disorder, Oppositional Defiance Disorder, etc. Also, some students may exhibit self-injurious behavior, aggression, withdrawal or avoidance of social situations and not carry a label. Ultimately, the following group is aimed at helping students that struggle with disruptive behavior in the school setting whether or not he or she carries a label.
Cultivating Baby Boomers And Generation Xers: An Examination Of The Pertinent Literature Of The Motivational Techniques For Nonprofit Organizational Fundraisers To Consider When Cultivating Donors Categorized As Baby Boomers And Generation Xers, Jane A. Flanagan
Graduate Research Papers
No abstract provided.