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The Party Respectfully Requests A Jury Trial On All Issues So Triable: What Issues Are Triable To A Jury And What Issues Should Be Triable To A Jury? A Comment On The Right To A Jury Trial, With A Focus On Civil Trials, And When The Right Exists, Michael Downing

Mercer Law Review

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . .” But what about civil prosecutions? What about prosecutions under state law, not federal? What does the universally expected “right to a jury trial” really mean or afford the parties to a trial?

Under federal law and the United States Constitution, by the time the Bill of Rights was drafted, the ideal of an accused’s right to a jury trial was already deeply rooted within …

Family Feuds And Circuit Splits: A Clash Between Corporate Cousins Causes The Eleventh Circuit To Revisit The “Long-Lost” Burford Abstention Doctrine, William Wheeler

Mercer Law Review

Corporate litigation is often a highly complex process. The rules and regulations surrounding shareholder demands, derivative lawsuits, review committees, and corporate dissolution create a convoluted procedural web that can be exceedingly difficult to untangle. Due to this complexity, federal court is an attractive choice for many civil litigants; federal forums have predictable and established rules of procedure and federal judges tend to have more time to give each case individualized consideration. These factors can accelerate and smooth the litigation process. However, throughout the last two decades, litigants in corporate dissolution actions have had no choice but to seek relief in …

The Color Of Justice, Alexis Hoag

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux.

Saidi Banda V The People Scz Appeal No. 114 Of 2015), Mwaka Chizinga

SAIPAR Case Review

No abstract provided.

The Correct Procedure For Commencing An Action In The Industrial Relations Division Of The High Court: Edward Chilufya Mwansa And 194 Others V. Konkola Copper Mines Plc Scz Appeal No. 99/2015 And Concrete Pipes V. Kingsley Kaimba And Another Scz Appeal No. 014/2015, Chanda Chungu

SAIPAR Case Review

In Edward Chilufya Mwansa and 194 Others v. Konkola Copper Mines Plc, the Supreme Court dealt with a scenario where several employees had been dismissed and sought to enter an out of court settlement with their employer, through the assistance of the Labour Office. This process lasted over three years

In Concrete Pipes v. Kingsley Kaimba and Another, the Supreme Court dealt with an appeal from a Ruling of the Industrial Relations Court dismissing a preliminary issue in relation to the need to exhaust internal administrative channels before commencing an action before the court.

Chief Justice Mumba Malila And The Challenges Ahead: An Editorial, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Chrismar Hotel Ltd V Stanbic Bank Zambia Ltd Scz Selected Judgment No 6 Of 2017 P. 160, Dunia P. Zongwe

SAIPAR Case Review

In the first semester of 2008, the appellant, Chrismar Hotel Ltd, needed finance to buy some equipment, including earth-moving equipment. It therefore solicited funds from the respondent bank, Stanbic Bank Zambia Ltd, with which it had held several accounts, obtained credit facilities (for example, mortgages and debentures), and established a longstanding relationship. The respondent bank agreed to lend money to the appellant hotel.

Thus, the hotel and the bank (hereinafter ‘the parties’) entered into eight distinct yet identically worded finance leases. For a total sum of 1.7 million US dollars, the eight leases each specified the amount that the respondent …

"You Can Disagree Without Being Disagreeable": A Rhetorical Study Of Tweets About Justices Ruth Bader Ginsburg And Amy Coney Barrett, Lauren Durham

Honors Theses

The selection, nomination, and swearing in of Justice Amy Coney Barrett took place amid an already tension-ridden political and cultural landscape. As a figurehead of women’s rights and equality, Ruth Bader Ginsburg did not want President Trump to choose her successor. Her dying wish was for her seat to be replaced after the 2020 presidential election. Nevertheless, Trump moved his Supreme Court nominee through the process at an unprecedented rate, and within six weeks of Ginsburg’s passing, a conservative constitutional originalist named Amy Coney Barrett took her place.

The nature of the Supreme Court position, the contrasts between the two …

Pro-Understanding: Understanding The Pro-Choice Catholic, Natalie Eilerman

Honors Theses

Abortion is a widely debated and polarizing topic in the United States. While many Catholic leaders and members tend to hold beliefs against abortion, some Catholics are pro-choice. This study explores the perspectives and experiences of this often-under-recognized group. Mixed methods research was conducted to analyze 1) how perspectives towards abortion are changing among Catholics in the United States (using data from the General Social Survey from 1977-2018), and 2) the experiences of college students at a private, predominately white, Catholic university in the Midwest who identify as pro-choice and Catholic. Quantitative analysis shows that Catholics’ attitudes towards abortion are …

Towards A "Pedagogy Of Beauty": The New Evangelization, English Education, And Renewal Of The Catholic School, Elena Niese

Honors Theses

In the complex cultural landscape of the modern world, evangelization, or the proclamation of the Gospel, cannot look the same as it once did. In 1975, Pope Paul VI addressed this need for renewal, calling for a “new evangelization.” Subsequent popes, including Pope John Paul II and Pope Francis, have continued to place this missionary impulse at the forefront of their initiatives. Yet, despite this emphasis, much remains elusive. What exactly is the new evangelization? This thesis will trace the evolution of the new evangelization from its conception to today, proposing how the English educator within the Catholic school can …

Latina's Experiences Of Shared Parenting In The Context Of Intimate Partner Violence: A Phenomenological Study, Pisinee Dangwung

Dissertations

This dissertation presented a hermeneutic phenomenological study conducted with 12 Latina mothers who were survivors of intimate partner violence (IPV) considering or in a process of shared parenting with their former abusive partner. The purpose of this study was to explore the essence of shared parenting experiences among participants in the IPV context and examine how attachment style, adverse childhood experiences, and cultural values impacted their shared parenting decisions and processes. The study was guided by the theoretical frameworks of symbolic interactionism, intersectional feminism, and attachment. Findings indicated adverse childhood experiences and cultural values affected participants’ shared parenting decisions and …

Human Dignity As A Chameleon, Ariel L. Bendor, Michal Tamir

Cardozo International & Comparative Law Review

This article offers an innovative argument, according to which courts do not interpret human dignity according to an abstract theoretical position on the nature of the value only, nor subordinate themselves to the subjective purpose of the drafters of a constitution. Thus, courts-whether in the United States, where human dignity is not explicitly mentioned in the Constitution, or in countries where the right is constitutionally enshrined, such as Germany, South Africa, and Israel-interpret and apply human dignity on the basis of the entirety of the provisions of the particular constitution. Human dignity serves as a constitutional chameleon in the sense …

News You Need: Reminder: What You Must Know About Antitrust Law, Dan Schulte Jd

The Journal of the Michigan Dental Association

This reminder emphasizes the critical importance for dentists, particularly members of organizations like the Michigan Dental Association, to understand antitrust laws and their implications. The U.S. Justice Department and Federal Trade Commission actively pursue antitrust violations among physicians and dentists. The article outlines key aspects of the Sherman Antitrust Act, emphasizing that joint activities among independent dentists that restrain competition may lead to violations. The concept of joint action and the restraint on competition are explored, with a focus on potential pitfalls, such as price-fixing and group boycotts. Dentists are urged to stay informed to avoid legal consequences.

A Remote Sensing And Machine Learning-Based Approach To Forecast The Onset Of Harmful Algal Bloom (Red Tides), Moein Izadi

Dissertations

In the last few decades, harmful algal blooms (HABs, also known as “red tides”) have become one of the most detrimental natural phenomena all around the world especially in Florida’s coastal areas due to local environmental factors and global warming in a larger scale. Karenia brevis produces toxins that have harmful effects on humans, fisheries, and ecosystems. In this study, I developed and compared the efficiency of state-of-the-art machine learning models (e.g., XGBoost, Random Forest, and Support Vector Machine) in predicting the occurrence of HABs. In the proposed models, the K. brevis abundance is used as the target, and 10 …

Annual Report Of The Tennessee Emergency Communications Board, Fiscal Year 2021, Tennessee. Department Of Commerce And Insurance.

Emergency Communications Board Annual Report

No abstract provided.

School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg

South Carolina Law Review

No abstract provided.

Beware Of Educational Blackmail: How Can We Apply Lessons From Environmental Justice To Urban Charter School Growth?, Preston C. Green Ii, Chelsea E. Connery

South Carolina Law Review

No abstract provided.

Education: Constitutional Democracy's Predicate And Product, Martha Minow

South Carolina Law Review

No abstract provided.

An Analysis Of Who Funds And Who Benefits From The Carolina Education Lotteries, Mary Reagan Crosby

South Carolina Law Review

No abstract provided.

Tennessee Promise, 2022 Update, Tennessee. Comptroller Of The Treasury.

Office of Research and Education Accountability

No abstract provided.

Born In Defiance: The Public Career Of Virgil C. Blum, S.J., William M. Fliss

Dissertations (1934 -)

This study examines the life of the American Jesuit priest, political scientist, and political activist Virgil C. Blum (1913-1990). Blum was a leading Catholic advocate for public funding for children attending non-public schools, expressed most clearly through his writings and his leadership in Citizens for Educational Freedom (CEF), a parental lobby founded in 1958. In 1973 Blum founded the Catholic League for Religious and Civil Rights. Modeled on the Anti-Defamation League of B’nai B’rith, the Catholic League opposed what it saw as an entrenched anti-Catholicism in U.S. society, and it sought to protect the religious freedom of the nation’s Catholic …

Gonzo Eternal, John Francis Brick

Dissertations (1934 -)

Gonzo Eternal enters the recent surge in scholarly attention to the work of Hunter S. Thompson and his practice of Gonzo journalism by examining the growing conflict between the dominant view of Gonzo journalism as Thompson’s unique and proprietary style, and the relatively new trend toward an understanding of Gonzo as a continuum of literary practice that both predates Thompson and continues to adapt and evolve beyond his death in 2005. I contend that this problem is fundamentally one of definition, and that the continued growth of the field depends on a reassessment of Thompson that reframes him from Gonzo …

Popular Information: An Analysis Of Foi Use And Behavior, A.Jay Wagner

College of Communication Faculty Research and Publications

A substantial amount of freedom of information research exists, though a majority is focused on U.S. laws' outcomes and FOI's shortcomings. But little is known about who makes requests and why requests are made in the United States. The exploratory study addresses these gaps via a nationally representative survey across key demographic variables of 1116 U.S. residents. Analysis found advanced education to be a strong, positive predictor of FOI familiarity and request submission. Malegender and a belief that FOI improves government accountability were also found to be significant predictors of FOI knowledge and use. The survey sampled U.S. residents, but …

The False Allure Of The Anti-Accumulation Principle, Michael E. Herz, Kevin M. Stack

Articles

Today the executive branch is generally seen as the most dangerous branch. Many worry that the executive branch now defies or subsumes the separation of powers. In response, several Supreme Court Justices and prominent scholars assert that the very separation-of-powers principles that determine the structure of the federal government as a whole apply with full force within the executive branch. In particular, they argue that constitutional law prohibits the accumulation of more than one type of power—legislative, executive, and judicial—in the same executive official or government entity. We refer to this as the anti-accumulation principle. The consequences of this principle, …

Lawyering The Presidency, Deborah Pearlstein

Articles

Among its many profound effects on American life, the Trump presidency has triggered a surge of interest in the project of law reform to better check the exercise of presidential power. Yet these reform efforts arise against a wholly unsettled debate about the function and effectiveness of existing checks, perhaps none more so than the role of executive branch legal counsel. With courts often deferential, and Congress hamstrung by partisan polarization, scholars have drawn on the experiences of executive branch lawyers to assess whether counsel functions as part of an “internal separation of powers” form of constraint. Yet while these …

"A Mystifying And Distorting Factor": The Electoral College And American Democracy, Katherine A. Shaw

Articles

A Review of Let the People Pick the President: The Case for Abolishing the Electoral College. By Jesse Wegman.

The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok

Articles

The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the American Tort Reform Association published a White Paper, Responding to the Coming Lawsuit Surge that called for “reasonable constraints on . . . lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.”

This article, prepared for …

Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne

Articles

One in ten adult Americans has turned to the consumer bankruptcy system for help. For almost forty years, the only systematic data collection about the people who file bankruptcy has come from the Consumer Bankruptcy Project (CBP), for which we serve as co-principal investigators. In this Article, we use CBP data from 2013 to 2019 to describe who is using the bankruptcy system, providing the first comprehensive overview of bankruptcy filers in thirty years. We use principal component analysis to leverage these data to identify distinct groups of people who file bankruptcy. This technique allows us to situate the distinctions …

International Financial Assistance And Inequality In Emerging Markets: Colombia, Egypt And Turkey, Sara Farag

Theses and Dissertations

This research study investigates the effects of the three main pillars of structural adjustment policies imbedded in IFI funding facilities on income inequality in three specific cases; Colombia, Egypt and Turkey to uncover if income inequality present in those emerging markets is attributed to; the policy reforms conditionality or to pre-existent country features. The three main pillars of policy conditions discussed in this thesis are 1. Government Expenditure Reforms, 2. External Sector Reforms, and 3. Financial Sector Reforms. My hypothesis is that, although pre-existent country features may have had an impact on the levels of inequality a populace faces, the …

Quantifying The Effect Of Monitor Wear Time And Monitor Type On The Estimate Of Sedentary Time In People With Copd: Systematic Review And Meta-Analysis, Fiona Coll, Vinicius Cavalheri, Daniel F. Gucciardi, Sheldon Wulff, Kylie Hill

Research outputs 2022 to 2026

In studies that have reported device-based measures of sedentary time (ST) in people with chronic obstructive pulmonary disease (COPD), we explored if the monitor type and monitor wear time moderated the estimate of this measure. Five electronic databases were searched in January 2021. Studies were included if >70% of participants had stable COPD, and measures of ST (min/day) were collected using wearable technology. Meta-regression was used to examine the influence of moderators on ST, monitor type, and wear time. The studies identified were a total of 1153, and 36 had usable data for meta-analyses. The overall pooled estimate of ST …