Digital Commons Network^™

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, John Chadwick Torri, Davené D. Walker

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, 2007 and May 31, 2008. The cases surveyed fall primarily within five categories: (1) zoning, (2) condemnation, (3) nuisance and trespass, (4) easements and restrictive covenants, and (5) miscellaneous.

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

Mercer Law Review

Today, the topic may be voter photo identification cards. Tomorrow, teacher discipline may be on the agenda. With administrative law, many of the front-burner issues that appear in the news are decided according to administrative procedures, and those cases generally are well ahead of litigation entering the court system. This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2007 through May 31, 2008. There has been a deliberate attempt to omit cases that would likely be included in other traditional topics for articles in this volume. While there may be cases …

The Supreme Courts: Did September 11th Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley

The University of New Hampshire Law Review

“This article evaluates whether the nation‘s highest appellate courts have, on balance, been more willing to acquiesce to criminalization based on suspicion since the attacks on the World Trade Center seven years ago. The article seeks to accomplish this evaluation by comparing decisions of the United States and state supreme courts in the six years prior to September 2001 with decisions in the six years following the terrorist attack— have the courts with the greatest authority to sanction the criminalization of suspicion been more willing to do just that? Such a post-September 11th trend would be significant because, despite the …

Wherefore Art Thou Guidelines? An Empirical Study Of White-Collar Criminal Sentencing And How The Gall Decision Effectively Eliminated The Sentencing Guidelines, S. Patrick Morin

The University of New Hampshire Law Review

[Excerpt] “Until the passage of the U.S. Federal Sentencing Guidelines in 1984, federal judges had relatively wide discretion in sentencing federal offenders up to the statutory maximum. This judicial discretion led to a disparity in the sentences of similarly situated offenders, particularly in white-collar cases. The Guidelines attempted to eliminate this disparity by establishing maximum and minimum sentences for certain offenses based on the characteristics of the crime. An important feature of the Guidelines system was its mandatory nature, which decreased and structured the judiciary‘s discretion within bounds set by Congress.

The mandatory application of the Guidelines resulted in stiff …

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

An Innovation Culture Assessment Plan For A Department Of A Fortune 500 Company, Vincenzo Piscopo

Creativity and Change Leadership Graduate Student Master's Projects

This project presents an approach to assess the creative climate of a department of a Fortune 500 organization. This project includes a review of the approaches other organizations have taken to assess innovation climate, an evaluation of the approach the focal company currently uses and finally, a plan to assess the innovation climate for a department of the focal company. The proposed plan incorporates learnings from the reviewed literature, best practices from companies such as ?What If!, and institutions such as International Center for Studies in Creativity (ICSC), and my perspective on my experience with innovation in Corporate America.

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner

American University Law Review

In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …

Scattering Of An Electromagnetic Plane Wave By A Luneburg Lens. Ii. Wave Theory, James A. Lock

Physics Faculty Publications

The partial wave scattering and interior amplitudes for the interaction of an electromagnetic plane wave with a modified Luneburg lens are derived in terms of the exterior and interior radial functions of the scalar radiation potentials evaluated at the lens surface. A Debye series decomposition of these amplitudes is also performed and discussed. The effective potential inside the lens for the transverse electric polarization is qualitatively examined, and the approximate lens size parameters of morphology-dependent resonances are determined. Finally, the physical optics model is used to calculate wave scattering in the vicinity of the ray theory orbiting condition in order …

Atomistic-Based Finite Element Simulation Of Carbon Nanotubes, Yang Yang

Dissertations

Since first found in the form of multi-walled carbon nanotubes (MWNTs) by Iijima(1991), carbon nanotube (CNT) for its outstanding and unique properties have gained overwhelming attentions from across the spectrum of the science and engineering fields. CNTs are structurally perfect, small size, low density, high stiffness, high strength (Qian et al., 2002), and their electronic properties depend on the particular distortion as well as the initial tube diameter and chirality, ranging from narrow-gap or moderate-gap semiconducting to metallic (Pantano et al., 2004b), which can be utilized in nanoscale sensors and devices. These appealing characteristics provide strong drives for the possible …

Female Collegiate Gymnasts And Experiences In Sport Retirement Due To Injury, Coleen Harrington Barry

Dissertations

There has been very limited research on sport retirement concerning the experiences that female collegiate athletes face when retiring from a sport due to injury. The purpose of this qualitative study was to explore, understand, and describe experiences that former NCAA Division I female gymnasts had when they retired from gymnastics, part-way through college, due to injury. The main objective of the study was to attempt to understand female collegiate gymnasts' sport retirement experiences and the impact these experiences may have had on their identity development and college experience. The study also considered female collegiate gymnasts' perceived needs and coping …

Ballot Mark Detection, Elisa H. Barney Smith, Daniel Lopresti, George Nagy

Electrical and Computer Engineering Faculty Publications and Presentations

Optical mark sensing, i.e., detecting whether a "bubble" has been filled in, may seem straightforward. However, on US election ballots the shape, intensity, size and position of the marks, while specified, are highly variable due to a diverse electorate. The ballots may be produced and scanned by poorly maintained equipment. Yet near-perfect results are required. To improve the current technology, which has been subject to criticism, components of a process for identifying marks on an optical sense ballot are evaluated. When marked synthetic ballots are compared to an unmarked ballot, the absolute difference of adaptive thresholded images gives best detection …

Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin

Chicago-Kent Law Review

The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …

Series Limited Liability Companies: A Possible Solution To Multiple Llcs, Sandra Mertens

Chicago-Kent Law Review

Although series LLCs are now over eleven years old, they remain mainly theoretical. Only seven states to date have enacted statutes authorizing series LLCs, and the drafters of the recent Revised Uniform Limited Liability Company Act considered and rejected provisions creating series LLCs. Many practicing attorneys continue to use multiple LLCs where a series LLC may be appropriate. This Note examines the general characteristics of series LLCs and state legislation authorizing them, the uncertain state and unanswered questions surrounding this new entity form, and the recent developments in case law and usage of series LLCs. Finally, this Note recommends that …

Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner

Chicago-Kent Law Review

This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of the mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation policy, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should …

Judicial Activism V. Judicial Abdication: A Plea For A Return To The Lochner Era Substantive Due Process Methodology, Brandon S. Swider

Chicago-Kent Law Review

Amid the fierce battles that take place during the confirmation process of a Supreme Court justice, surprisingly little attention is given to the fact that both sides of the political spectrum generally agree on a matter of profound constitutional importance—namely, the proper level of scrutiny courts are to exact with respect to state and federal legislation. Presently, and for the better part of the last 70 years, the dominant attitude among judicial conservatives and liberals alike is that courts have no authority to strictly scrutinize the overwhelming majority of legislation enacted by state and federal legislatures.

This Comment argues that …

Cable Median Barrier Guidelines, Dean L. Sicking, Karla A. Lechtenberg, Francisco Daniel Benicio De Albuquerque

Nebraska Department of Transportation: Research Reports

No abstract provided.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Georgia's appellate courts made significant decisions during the survey year in matters of attorney discipline, malpractice, and ineffective assistance of counsel. They also issued opinions worth noting in cases concerning attorney and judicial disqualification and several miscellaneous matters.

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

Mercer Law Review

The Georgia General Assembly made no substantive changes to the Workers' Compensation Act in 2008. Additionally, the Georgia appellate courts took relatively few cases on appeal, and most of these addressed areas of law that are already well-established. Because many workers' compensation cases now require practitioners to address the Medicare Secondary Payer Act, the history, impact, and involvement of that legislation on Georgia claims is also addressed in this Article.

Recovery From A Cycling Time Trial Is Enhanced With Carbohydrate-Protein Supplementation Vs. Isoenergetic Carbohydrate Supplementation, John M. Berardi, Eric E. Noreen, Peter W.R. Lemon

Health Sciences Faculty Publications

Background: In this study we assessed whether a liquid carbohydrate-protein (C+P) supplement (0.8 g/kg C; 0.4 g/kg P) ingested early during recovery from a cycling time trial could enhance a subsequent 60 min effort on the same day vs. an isoenergetic liquid carbohydrate (CHO) supplement (1.2 g/kg).

Methods: Two hours after a standardized breakfast, 15 trained male cyclists completed a time trial in which they cycled as far as they could in 60 min (AMex) using a Computrainer indoor trainer. Following AMex, subjects ingested either C+P, or CHO at 10, 60 and 120 min, followed by a standardized meal at …

When Will The Imposition Of The Requirement To Co-Finance The Construction Of Necessary Facilities Constitute An Abuse Of A Dominant Position? Case Comment To The Judgment Of The Supreme Court Of 5 January 2007 – Kolej Gondolowa (Ref. No. Iii Sk 17/06), Konrad Kohutek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

A Courier Service As A Postal Universal Service – Can A Court Asses The Correctness Of A Legal Qualification Of A Service Of A Courier Company That Was Not Contested By The Company In An Earlier Decision Taken By The Postal Regulator? Case Comment To The Judgment Of The Supreme Court Of 25 April 2007 – Courier Services (Ref. No. Iii Sk 2/07), Agata Jurkowska

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Transformative Mediation: Empowering The Oppressed Voices Of A Multicultural City To Foster Strong Democracy., Arby Aiwazian

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

Transformative mediation’s promotion of understanding, acceptance, and inclusion fosters a purer democracy by cultivating the individual self-empowerment of traditionally disempowered individuals that is vital to strong and robust democracies. By transforming relationships and empowering individuals, transformative mediation helps foster an arena for self-governance, which inevitably leads to self-empowerment and a purer democracy. Optimistically, as more individuals are empowered through transformative mediation, communities plagued with violence, hatred, and misunderstanding could also reap the benefits by fostering acceptance, communication, inclusion, and understanding. The nature of the United States’ current passive and procedural democratic system further perpetuates inequality by placing political power solely …

Effect Of Anionic Lipids Upon The Topography Of Membrane-Inserted Hydrophobic Helices, Khurshida Shahidullah

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

[to be added]

Three Essays On Social Security, Temptation And Individual Welfare, Gordon Christopher Boronow

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

[to be added]

Microspheres Composed Of Oxidized Hyaluronam Crosslinked Gelatin As A Drug Delivery System For Inos Inhibitor, Natalia Dmitrievna Ivanova

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

[to be added]

Inventing The Creole Citizen: Race, Sexuality And The Colonial Order In Pre-Revolutionay Saint Domingue, Yvonne Eileen Fabella

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

[to be added]

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

Mercer Law Review

During this survey period, the Georgia General Assembly stepped in to clarify, if not expand, insurance carrier rights under uninsured motorist (UM) policies to more limited coverage. Insurance agents were the subject of increasing scrutiny for potential liability. The courts continued to struggle for clarity in the area of coverage for "construction defects."

Bridgewater Review, Vol. 27, No. 2, December 2008

Bridgewater Review

No abstract provided.

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Chicago-Kent Law Review

Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …

Electrodeposition Of Nickel Nanowires And Nanotubes Using Various Templates, Asli Ertan, Surendra N. Tewari, Orhan Talu

Chemical & Biomedical Engineering Faculty Publications

Nickel nanotubes and nanowires are grown by galvanostatic electrodeposition in the pores of 1000, 100, and 15 nm polycarbonate as well as in anodised alumina membranes at a current density of 10 mA cm-2. The effects of pore size, porosity, electrodeposition time, effective current density, and pore aspect ratio are investigated. Nickel nanotube structures are obtained with 1000 nm pore size polycarbonate membrane without any prior treatment method. At the early stages of electrodeposition hollow nickel nanotubes are produced and nanotubes turn into nanowires at longer depositon times. As effective current density accounting for the membrane porosity decreases, the axial …