Digital Commons Network^™

Fourth Amendment - Search And Seizure: The Seventh Circuit Holds That Evidence Obtained In A Warrantless Search Of A Home May Be Used Against A Present And Objecting Occupant After They Are Arrested And Removed From The Home And Co-Occupant With Authority, Amanda Dodds

SMU Law Review

No abstract provided.

The Texas Supreme Court Holds Hydraulic Fracturing Trespass Claim Is Precluded By The Rule Of Capture, Mark E. Vandermeulen

SMU Law Review

No abstract provided.

Business Torts, Charles M. Hosch, Lauren T. Becker

SMU Law Review

No abstract provided.

Conflict Of Laws, Stephanie K. Marshall, Wm. Frank Carroll, James P. George

SMU Law Review

No abstract provided.

Corporations, Glenn D. West, Stacie L. Cargill

SMU Law Review

No abstract provided.

Family Law: Patent And Child, Linda B. Thomas, Ardita L. Vick

SMU Law Review

No abstract provided.

Insurance Law, J. Price Collins, Ashley E. Frizzell, Blake H. Crawford

SMU Law Review

No abstract provided.

Oil, Gas And Mineral Law, Richard F. Brown

SMU Law Review

No abstract provided.

Securities Regulation, George Lee Flint Jr.

SMU Law Review

No abstract provided.

Zoning And Land Use, Arthur J. Anderson

SMU Law Review

No abstract provided.

Liberty Through Limits: The Bill Of Rights As Limited Government Provisions, Patrick M. Garry

SMU Law Review

No abstract provided.

Decent Respect To The Opinions Of Mankind Sometimes Requires A Second Look, A, Robert Henry

SMU Law Review

No abstract provided.

Remembering Judge Sanders: Judicial Pragmatism In The Court Of First And Last Resort, Maureen N. Armour

SMU Law Review

No abstract provided.

Tribute To Judge Sanders, Dawn Davenport

SMU Law Review

No abstract provided.

Tribute To Barefoot Sanders, Larry Temple

SMU Law Review

No abstract provided.

Longest And Largest - Judge Sanders And The Tasby Case, Robert Thomas

SMU Law Review

No abstract provided.

International Legal Protection Of Trademarks In China, Robert H. Hu

Faculty Articles

This article addresses major trademark-related international regimes in which China participates. The article discusses the Chinese obligations under certain international treaties and agreements, both multilateral and bilateral, and use some Chinese court decisions to illustrate how these obligations are fulfilled in its judicial practice. Finally, the article provides an assessment of the effectiveness of these international regimes in China and offers observations on future development in protection through better enforcement. Three arguments are made: (1) International trademark law is taking roots in China; (2) China is taking its international obligations to protect trademarks seriously, and it has achieved much in …

The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts, Albert H. Kauffman

Faculty Articles

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.

Judge Wayne Justice: A Life Of Human Dignity And Refractory Mules, Albert H. Kauffman

Faculty Articles

Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …

The Texas Supreme Court And Oil And Gas Jurisprudence: What Hath Wagner & Brown V. Sheppard Wrought?, Laura H. Burney

Faculty Articles

According to the Texas Supreme Court, a lessor’s interest remains pooled even after her lease terminates. The Court’s November 2008 opinion in Wagner & Brown, Ltd. v. Sheppard provoked strong reactions among oil and gas law practitioners, academics, and others involved in the industry. In fact, the court received nearly a dozen amicus curiae briefs signed by more than 20 attorneys—many of whom typically represent producers—urging it to reconsider. Not persuaded by these concerns, the court finalized its opinion on June 5, 2009. So now the question for players in the oil patch is: What hath Wagner & Brown, Ltd. …

Profits Above The Law: China’S Melamine Tainted Milk Incident, Chenglin Liu

Faculty Articles

There are fundamental flaws within China’s food safety regulatory regime that permeate both its supervision system and governing laws. This is especially prevalent within the market structure in the dairy industry. The government continues to fail in regulating the chaotic market forcing competitors to internalize costs, which has resulted in melamine tainted milk.

This tainted milk scandal has resulted in the death of thousands of infants in a number of Asian countries. The scandal was concealed by the Sanlu Group and local government for fear of bad publicity and loss of profits.

The Chinese government should search for a new …

Destroyed Community Property, Damaged Persons, And Insurers’ Duty To Indemnify Innocent Spouses And Other Co-Insured Fiduciaries: An Attempt To Harmonize Conflicting Federal And State Courts’ Declaratory Judgments, Willy E. Rice

Faculty Articles

Perhaps because of habit or a strong aversion to risks, consumers purchase a considerable amount of insurance generally, and consumers purchase property, indemnity, and liability insurance in particular. Typically, national property and casualty insurers sell property, indemnity, and liability insurance contracts. As a result, those insurers sales and revenues increase from year to year. At the dawn of the 21st century, foreign property and casualty insurers are realizing similar successes.

It is expected that anxious or prudent consumers would insure themselves and their various property interests against strangers, strange events, and perils over which consumers have little control or influence. …

Kingdom Compossible, Ryan Lauterio

Theses and Dissertations

Does God exist? Can we know for sure? What might it mean to know this? Furthermore what might it look like to make works of art while also seeking to find answers to these questions? This thesis details my personal experiences growing up in a world steeped in postmodernism and my move to answer such questions while looking to develop a meaningful, clear worldview and body of work. I have turned my focus on specific episodes in my life, which significantly illuminate a progression of thinking and experience. Together these thoughts and experiences have become the impetus for both questions …

Death To Child Erotica: How Mislabeling The Evidence Can Risk Inaccuracy In The Courtroom, Mary Graw Leary

Scholarly Articles

The world of child sexual exploitation is a complex one including many crimes. Research and caselaw indicate that child pornography often is found intertwined with other sexual material demonstrating a sexual interest in children. Such material includes, but is not limited to, sexualized pictures of nude or semi-nude children; surreptitiously recorded videos of children focusing on their breasts or genitals; writings on the most successful methods of facilitating child molestation, etc. That child pornography producers and collectors can often possess some such material is perhaps of no surprise. That criminal courts are referring to such material with the artistic term …

The Effectiveness Of Colored Overlays On Reading Achievement And Attitudes Toward Reading For Students With Scotopic Sensitive Syndrome, Hanan Ali Bagabas

Dissertations and Theses @ UNI

This study investigated the effects on students identified with Scotopic Sensitivity Syndrome (SSS) or Irlen Syndrome (IS) when using colored overlays as an intervention (immediately and over time) to assess reading performance (rate, accuracy, and comprehension); to measure visual-motor integration; and to assess attitude toward reading. SSS/IS is a visual perceptual problem related to a collection of symptoms that affects an individual's performance when reading. Three participants, all males (one 3rd -grade student, one 4th -grade student, and one 5th -grade student), were identified as having SSS/IS and other learning disabilities.

The study involved five test instruments (Irlen Reading Perceptual …

Exploring Mentoring Experiences In College Student Affairs : A Q Methodology Study, Matthew Woodward Clifford

UNF Graduate Theses and Dissertations

The purpose of this study was to explore the experiences of new professionals in college student affairs as protégés in mentoring relationships. This study was designed as an exploratory study into the types of mentoring relationships that exist among college student affairs professionals, using Q methodology. The profession of college student affairs can use mentoring relationships to help recruit, train, develop, and retain high-quality individuals. Although mentoring relationships are frequently used to develop college student affairs professions, little is known about these relationships.

Fifty-five new professionals in college student affairs from 29 different states sorted 39 statements describing mentoring relationships …

Teaching About Religion: A Mixed Methods Study Of Teachers' Attitudes, Knowledge, And Preparation, With A Focus On Islam And Muslims, Ramona Hussein

UNF Graduate Theses and Dissertations

The subject of religion in public schools has always been controversial. America is a religiously diverse society, and one of the fundamental documents of this country, the Constitution of the United States, prohibits the establishment of a single religion which may seek to influence or control the ―free exercise‖ of all religions.

Indeed the discussion of religion in school is very extensive. The subject includes, but is not limited to the discussion of students‘ religious expression, prayer in school, students‘ religious accommodations, the right of the student to distribute religious literature, as well as the rights of students to form …

New Homes! (For The "Right" Family): Exclusionary Messages In Subdivision Advertising, Jennifer J. Heneghan

UNF Graduate Theses and Dissertations

Segregation is a large and incompletely understood problem in modern American society. By recognizing some of the ways segregation is perpetuated through print media we can gain more of an understanding into why the problem persists. This study of advertising for new subdivisions appearing in Jacksonville, Florida's major daily newspaper from 1960 through 2000 examines the use of potentially exclusionary messages such as use of the Equal Housing Opportunity logo or tagline, the race/ethnicity of human figures, and messages and images associated with particular socioeconomic statuses. Using both quantitative and qualitative data analysis this paper finds that exclusionary messages persist, …

Response, Frames Of Reference And The "Turn To Remedy" In Facial Challenge Doctrine, Kevin C. Walsh

Scholarly Articles

This Symposium on Facial Challenges in the Roberts Court provides an opportunity to chart a path toward greater doctrinal coherence in light of the Court's most recent uses of the distinction between facial and as-applied challenges. In his contribution to this Symposium, David Faigman makes two claims that I address in this response. The first of Professor Faigman's claims is descriptive: "the debate over facial versus as-applied challenges is merely a subcategory of the pervasive issue concerning defining the proper frame of reference for empirical questions arising under the Constitution.'"' As Professor Faigman uses the term, a "frame of reference" …

The Effect Of Zinc On L-Leucine Transport In Lobster Intestine, Anna Lynn Mullins

UNF Graduate Theses and Dissertations

The current study is a characterization of L-leucine absorption across the American lobster intestine in order to determine the likelihood of a bis-complex formation with zinc ([Leu]-Zn-[Leu]) as a possible substrate for PEPT1. This study required isolated lobster intestines to be mounted in a perfusion chamber in order to quantify 3H-L-leucine transport. It was hypothesized that an apical dipeptide transporter, PEPT1, was responsible for uptake of L-leucine via formation of a bis-complex with zinc ([Leu]-Zn-[Leu]) in the form of molecular mimicry, where the bis-complex mimics the normal dipeptide substrate of the proposed carrier system. It was found that L-leucine transport …