Digital Commons Network^™

Collateral Estoppel: Glaser V. Huette Overruled, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 3101(D): Conflict Between Departments Over Burden Of Proof Relating To Material Prepared For Litigation, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 3213: Appellate Division Requires Pleadings In Appeal Of Action Based Upon An Instrument For The Payment Of Money, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 3101(D): Identity Of Witnesses Learned Subsequent To Happening Of Occurrence Held To Be Material Prepared For Litigation, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 1021: Motion To Dismiss For Failure To Substitute Denied Pending The Appearance Of The Adversary, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 1102(D): Payment Of Publication Expenses Arising From Indigent's Divorce Action Required By Equal Protection Clause, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 302: Jurisdiction Not Obtained In Defamation Action Because Defamation Did Not Arise From Transaction Of Business, St. John's Law Review

St. John's Law Review

No abstract provided.

Cplr 107: Judicial Praise For Official Forms, St. John's Law Review

St. John's Law Review

No abstract provided.

The Quarterly Survey Of New York Practice Table Of Contents, St. John's Law Review

St. John's Law Review

No abstract provided.

Torts--Defamation--Executive Privilege To Defame Extended To Undercover Agent Acting Pursuant To Orders (Heine V. Raus, 4th Cir. 1968), St. John's Law Review

St. John's Law Review

No abstract provided.

Torts--Negligence--Doctrine Of Intrafamily Immunity Abolished In New York (Goldman V. Gelbman, N.Y. 1969), St. John's Law Review

St. John's Law Review

No abstract provided.

Family Law--Juvenile Courts--Preponderance Of The Evidence Upheld As Applicable Standard Of Proof In Juvenile Delinquency Adjudications (In Re Samuel W., N.Y. 1969), St. John's Law Review

St. John's Law Review

No abstract provided.

Arbitration--Disclosure--Arbitrator In Commercial Arbitration Proceeding Held To Judicial Standards Of Impartiality (Commonwealth Coatings Corp. V. Continental Casualty Co., U.S. 1968), St. John's Law Review

St. John's Law Review

No abstract provided.

Bruton V. United States: A Belated Look At The Warren Court Concept Of Criminal Justice, St. John's Law Review

St. John's Law Review

No abstract provided.

Preparation And Presentation Of A Condemnation Appeal: The Condemnee's Viewpoint, Patrick J. Rohan

St. John's Law Review

No abstract provided.

Some Antitrust Problems In Terminating Franchises, George J. Wade

St. John's Law Review

No abstract provided.

Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle

William & Mary Law Review

No abstract provided.

In Name Only: How Major League Baseball's Reliance On Its Antitrust Exemption Is Hurting The Game, Samuel G. Mann

William & Mary Law Review

No abstract provided.

The Litigation Finance Contract, Maya Steinitz

William & Mary Law Review

Litigation funding—for-profit, nonrecourse funding of a litigation by a nonparty—is a new and rapidly developing industry. It has been described as one of the “biggest and most influential trends in civil justice” today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …

The Role Of Aspiration In Corporate Fiduciary Duties, Julian Velasco

William & Mary Law Review

Corporate law is characterized by a pervasive divergence between standards of conduct and standards of review. Courts often opine on the relatively demanding standard of conduct, but their judgments must be based on the more forgiving standard of review. Commentators defend this state of affairs by insisting that it provides guidance to directors without imposing ruinous liability. However, the dichotomy can lead many, especially those who focus on the bottom line, to call into question the meaningfulness of standards of conduct. Of particular concern is the increasing popularity, in legal and scholarly circles, of the notion that fiduciary duty standards …

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

William & Mary Law Review

Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

William & Mary Law Review

No abstract provided.

Table Of Contents (V. 54, No. 2)

William & Mary Law Review

No abstract provided.

In Pursuit Of Democratic Practice: Self-Study As A Democratic Approach To Teaching Social Studies, Andrew L. Hostetler

Journal of Inquiry and Action in Education

Dewey (1916/2009) viewed democracy as a “path or journey”. This suggests that there is no mutually agreed upon end. Similarly, in teaching and teacher education, if viewed as a learning problem, the end is the process according to Ritter (2010) “[t]eaching others how to teach for democratic citizenship represents a process that righteously lacks a conclusion” (p. 90). Without a definitive conclusion there are many potentially valuable conceptions and enactments of democratic living and learning.

Discussing these strong connections between democracy in social studies and self-study, Powell (2010) argues “when social studies teachers engage in ‘reflectively pragmatic’ study of their …

The History Of School And Summer Vacation, James M. Pedersen

Journal of Inquiry and Action in Education

For more than 100 years the public school system has been the foundation of our society. Millions of our nation’s citizens have moved through the primary, middle and secondary schools which, although they vary slightly from region to region, provided a shared experience and are a part of Americana. History tells us the reasons that school systems used only a 10 month calendar were due to agrarian needs, but in recent years this rationale does not seem as applicable. In light of global competition and America’s consistently poor international rankings, it would seem logical conclusion to extend the school year …

Crossing The Bridge: Transitioning From A Teacher To A Professor, Steven Page, Charles Jenks

Journal of Inquiry and Action in Education

This is a qualitative study that was conducted to gain a better understanding of the experiences of professors in Colleges of Education who were former K-12 teachers. The study presents the responses of eighty nine professors from across the United States. By coding the responses based on the university setting (National, Large Regional, Small Regional) in which the respondents worked the authors found that professors have different experiences in their transition from K-12. The authors found that the size of the university was a factor in how the new faculty felt welcomed and how they were treated by colleagues. Also, …

Painting And Poetry: Third Graders' Free-Form Poems Inspired By Their Paintings, Emilie L. Sears

Journal of Inquiry and Action in Education

It is important to find the means by which struggling writers can find success in the English Language Arts. For students struggling with reading and writing, the visual arts may be a way of accessing and expressing their ideas and ultimately opening up a world of creative possibilities. This article explores drawing and painting as a pre-writing strategy. The article follows 6 third grade students as the participate in a workshop designed to faciliate poetry writing based on the students' artwork.

Engaging Families In Cross-Cultural Connections Through A School-Based Literacy Fair, Maria Anne Ceprano, Nancy Chicola

Journal of Inquiry and Action in Education

This paper describes how 20 pre-service teachers enrolled in two social studies methods courses at Buffalo State College worked collaboratively to produce a Cross-cultural Literacy Fair at an urban-based elementary school. The participatory events created for the event were provided in conjunction with a community after school program and directed at promoting literacy and cross-cultural understandings not only for the children enrolled at the school but for their parents, as well. Events yielded a positive venue for Teacher Candidates (TCs) to interact with parents and children and demonstrated ways literacy and other cultural understandings can be successfully and appreciatively supported …

Religious Groups And The Freshman Experience, Tess Culton

ISU Ethnography of the University Initiative

This study examined the benefits provided to first-year students by religious based organizations on university campuses, with an emphasis on the campus of Illinois State University. It also looked at the relationship between the university and these groups. Individuals involved with these groups, both freshmen and adults affiliated, were interviewed. There was also a great deal of observation of group meetings and discussion with university representatives.

Rivermobile Preview!, University Of Dayton

Blog Archive: River Reflections at the University of Dayton

Preview of the RiverMobile.