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Full-Text Articles in Law

Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder Aug 1998

Advice To Flight Crews Concerning Wildlife Hazards To Aircraft, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Jul 1998

1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

Debates regarding the admissibility of expert testimony in child sexual abuse cases are often characterized as between clinicians and researchers. Clinicians base their judgment on personal experience and anecdotes, whereas researchers base their judgment on scientific findings. Clinicians are willing to testify that a particular child has been sexually abused, whereas researchers cautiously avoid rendering a judgment about any particular case. Clinicians believe that they can interpret children's statements and behaviors to validate abuse, whereas researchers warn that children's statements and behaviors may be shaped by adults, including clinicians. Clinicians are happy to testify (typically for the prosecution), comfortably adopting …


Transgressive Cause Lawyering, Stuart Scheingold, Anne Bloom Jan 1998

Transgressive Cause Lawyering, Stuart Scheingold, Anne Bloom

Anne Bloom

No abstract provided.


Campaigns Against Gender Violence (1977-1993), Professor Vibhuti Patel Jan 1998

Campaigns Against Gender Violence (1977-1993), Professor Vibhuti Patel

Professor Vibhuti Patel

The women's movement in India launched campaigns against rape, domestic violence, sexism in advertisements as well as against state repression during caste and communal riots in the early eighties. Before that, during the postemergency period of 1977-1980, small groups of women's rights activists in Hyderabad, Bombay, Delhi and Madras had started taking up individual cases of custodial rape, deaths of-housewives under mysterious circumstances and excesses by the state enforcement machinery during caste/communal riots which had increased in number and intensity of violence. The mass of poor women involved in the struggles of the tribal people, the industrial working classes and …


Liz Phair, Sexual Agency Feminism And Rock Criticism, Kembrew Mcleod Dec 1997

Liz Phair, Sexual Agency Feminism And Rock Criticism, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


―Happy Birthday, Screw You‖: The Collision Of Copyright Law, The Folk Song Tradition, And The World‘S Most Popular Birthday Song, Kembrew Mcleod Dec 1997

―Happy Birthday, Screw You‖: The Collision Of Copyright Law, The Folk Song Tradition, And The World‘S Most Popular Birthday Song, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Four Entries, Richard Adelstein Dec 1997

Four Entries, Richard Adelstein

Richard Adelstein

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"


Review Essay On Nathan Brown, The Rule Of Law In The Arab World, Anthony Chase Dec 1997

Review Essay On Nathan Brown, The Rule Of Law In The Arab World, Anthony Chase

Anthony Chase

No abstract provided.


A Video Camera, A Television, An Audience, And Some Imagination: Four Ingredients For A Successful Interactive Classroom Exercise In Critical Pedagogy, Kembrew Mcleod Dec 1997

A Video Camera, A Television, An Audience, And Some Imagination: Four Ingredients For A Successful Interactive Classroom Exercise In Critical Pedagogy, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison Dec 1997

Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison

Dr. C. Keith Harrison

The purpose of this article is to examine and critically analyze the impact of sport in the African-American community. This critique of the social and behavioral outcomes of sport in the African-American community will include philosophical, historical, and sociological inquiry most affecting the plight of the African-American male in academics and athletics. Data on the perceptions of contemporary African-American men participating in sport in higher education will also add more support to the conclusion that race and sport are socially constructed in society.


Locating Business Information, Lisa Smith-Butler Dec 1997

Locating Business Information, Lisa Smith-Butler

Lisa Smith-Butler

No abstract provided.


Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin Dec 1997

Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin

Aaron Edlin

No abstract provided.


4. Reasoning About Moral Aspects Of Illness And Treatment By Preschoolers Who Are Healthy Or Have A Chronic Illness., Pamela M. Kato, Thomas D. Lyon Dec 1997

4. Reasoning About Moral Aspects Of Illness And Treatment By Preschoolers Who Are Healthy Or Have A Chronic Illness., Pamela M. Kato, Thomas D. Lyon

Thomas D. Lyon

Our study evaluates the moral reasoning skills of healthy and chronically ill 3 and 4 year olds with respect to illness and treatment, by use of an interview technique that reduces verbal demands on the child, We presented children with pairs of scenarios comparing ill characters with characters acting immorally and characters being punished, as well as with pairs of scenarios comparing treated characters with characters acting immorally and characters being punished. We asked children to point to the character who did something "naughty." With the exception of the chronically ill 3 year olds, the children performed consistently above chance …


The Unification Of Marketing And Assessment In Higher Education: A Model, Oscar T. Mcknight, Ronald Paugh Dec 1997

The Unification Of Marketing And Assessment In Higher Education: A Model, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

A marketing assessment model that includes university outcome measures is presented. The model incorporates consumer expectations theory and marketing strategy. Findings indicate that student expectations vary among the undergraduate population. Marketing implications for student recruitment and retention efforts are offered


Merging Retention And Financial Aid In Enrollment Management By Market Segmentation, Oscar T. Mcknight, Ronald P Dec 1997

Merging Retention And Financial Aid In Enrollment Management By Market Segmentation, Oscar T. Mcknight, Ronald P

Oscar T McKnight Ph.D.

High school GPA, ACT score, academic effort, and financial need in predicting student retention risk are examined. The objective is to merge retention risk with financial aid and to explore the options available to the university. Financial aid leveraging is discussed in terms of product fit and positioning strategies


A Comparison Of Likert Response Formats In Student Affairs: The Abc's Of Assessment, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann Dec 1997

A Comparison Of Likert Response Formats In Student Affairs: The Abc's Of Assessment, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann

Oscar T McKnight Ph.D.

No abstract provided.


Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff Dec 1997

Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff

Ray D. Madoff

In this Article, Professor Madoff explores the ways in which the blunt tools of the wealth tax, and in particular the estate tax, uses a one-size-fits-all system to impose a tax on all property interests owned at the time of one’s death. Professor Madoff illustrates the ways in which these blunt tools can produce problematic results by examining their application to the right of publicity, a newly recognized property interest. Professor Madoff suggests that the imposition of the estate tax can force the commodification of an individual’s identity, regardless of one’s desire to refrain from marketing their identity, and explores …


Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha Dec 1997

Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

La prima conseguenza della nostra cultura giuridica dell'audizione che è anche cultura dell'oralità, del discorso e della scrittura (di tutto ciò che serve per parlare e fissare quello che può essere detto) è la volontaria atrofia degli altri sensi: il tatto, il gusto, l'olfatto e la vista. Il Diritto quasi non tocca le cose. Le concepisce mentalmente, le dice, però, anche se con i guanti deve toccare il corpo del delitto.


Legal Literature In Nigeria - An Overview, Yemisi Dina Dec 1997

Legal Literature In Nigeria - An Overview, Yemisi Dina

Yemisi Dina

The Nigerian legal system is based on the English legal system. It is also characterised by multiple legal systems as Nigeria is made up of 36 states and over 200 ethnic dialects. The multiple legal system is made up of federal and state laws as well as customary laws, which unfortunately have little or no written records.

Legal literature in any jurisdiction is made up of primary and secondary sources of law. Primary sources include legislation and law reports while secondary sources are textbooks, encyclopedias, practice books, periodicals, long essays/theses, digests, indexes and audio-visuals.

This paper will identify, and highlight …


Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan Dec 1997

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …


"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan Dec 1997

"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan

Donald J. Kochan

This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it …


Pages Per Term In The United States Reports And Converting Supreme Court Citations To Term Announced: A Statistical Research Tool, Donald J. Kochan Dec 1997

Pages Per Term In The United States Reports And Converting Supreme Court Citations To Term Announced: A Statistical Research Tool, Donald J. Kochan

Donald J. Kochan

This short article presents a valuable statistical research tool for those involved in analysis of U.S. Supreme Court opinions. Researchers are made available the data regarding the number of pages that the Supreme Court has written each term and provides an easier basis for identifying this page count with the term announced, which is not otherwise immediately evident from the volume number of the U.S. Reports.