bluuebunny/crossref_metadata_2025 huggingface dataset:
THE MODELS OF TRAINING BASED ON TRAINING NEEDS ANALYSIS FOR WAITERS/SS IN REGENCY OF SAMOSIR
Authors: Nugraha Syahrul
Published: January 2023

This research aims to know the performances of waiters in restaurants of star hotels in Regency Of Samosir, and the models of trainings for waiters in the hotels.

Data processed by quantitative approach to get the mean of each variable and aspects  of competencies. The results of observations and interviews are described using qualitative method. Then, the results of questionnaires and interviews processings are analysed by qualitative approach.

This is a descriptive research aims to get the descriptions of the performances of the waiters/ss in hotels of the research location and the model of trainings for waiters/ss in the hotel

The respondents in this research are the waiters/ss of star hotels restaurants in The Regency Of Samosir, they are 80 persons.     

The results show that the waiter/ss are low categorized for skill, and knowledge aspects, whilst for attitude aspect, they are good category, but generally, the waiters/ss do not reach the performances expected. The model for trainings can be used for the waiters/ss are the combinations of on the job training and off the job training models. The best training for the waiters/ss for the model of on the job training is couching/understudy. For the model of off the job training, the most suitable trainings for the waiters/waitress are vestibule training and role playing combined with lecturing.
Evaluasi Pelaksanaan Uji Kompetensi Pada Lembaga Sertifikasi Profesi 1 Politeknik Pariwisata NHI Bandung
Authors: Iskandar Ridwan , Riyadi Heru
Published: January 2023

Pelaksanaan Uji Kompetensi dilakukan bagi setiap mahasiswa semester  enam pada Prodi Manajemen Tata Hidang di Politeknik Pariwisata NHI Bandung. Tujuan penelitian ini adalah untuk mengetahui: (1) pelaksanaan uji kompetensi mahasiswa tingkat akhir Prodi Manajemen Tata Hidang; (2) hasil uji kompetensi mahasiswa tingkat akhir Prodi Manajemen Tata Hidang. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian deskriptif. Penelitian ini menggunakan dua variabel mandiri, yaitu: sebaran unit uji kompetensi dan hasil uji kompetensi. Hasilnya 48 mahasiswa / asesi atau 100% dinyatakan Kompeten pada Skema Sertifikasi Kualifikasi Sertifikat V Bidang Tata Hidang (Food And Beverage Service) Untuk Supervisor-Penyelia dan Administrasi
Relevance of Electrical Services Engineers in Construction and Building Services
Authors: Adelakun Najeem O. , Olajide Matthew B. , Omolola Samuel A.
Published: January 2023

It is now a common phenomenon in building services that some builders/clients call for the services of the electrical contractor/technicians to carry out an electrical installation without the provision or availability of standard electrical services drawings, at times due to the negligence of the builder/client about the importance of electrical services drawings or in other to reduce cost, which is detrimental and hazardous to the building, pieces of equipment installed or the occupants in the future. This paper analyses the relevance of electrical services engineers in construction and building services. A well-structured online survey was adopted and shared with different engineering platforms where building and construction professionals are to know the practice at various building and construction sites, and a total of 230 responses were collected, the data collected were examined using the descriptive statistics method with good pictorial representation. The result of the survey shows that 20% of the respondents complained about the absence of electrical services drawings, 38% complained that the electrical services drawings provided are not practicable, and 42% of the respondents talked about the availability of relevant electrical services drawings. The analysis from this study confirms that several electrical installations were carried out without the provision of practicable electrical services drawings, especially in domestic installations. It is recommended that the services of qualified electrical services engineers should be employed for standard electrical services drawings, which will give detailed information about the method of wiring, the suitable size/type of distribution, and the protection scheme for lighting and power installations in conformity with the appropriate standard and regulations for effective and well-balanced electrical services.
ASYMPTOTICALLY STABLE PROCESS AND APPLICATIONS
Authors: Hasina A.T.R. , Sedra R. , Raft R.
Published: January 2023

We remark that some stationary processes do not verify $x_\infty|x_\infty$ is equal to its value. To do this, we propose a new definitions to differentiate it in which a process is asymptotically stable if it verifies this property. We also remark that all processes in all financial models have missed this property. Which leads us to reexamine the models and look the impact and importance of this property.
A POISSON ALGEBRA STRUCTURE OVER THE EXTERIOR ALGEBRA OF A QUADRATIC SPACE
Authors: Gatsé S.C. , Likouka C.C.
Published: January 2023

We construct a Poisson algebra structure of degree $-2$ over the exterior algebra of a quadratic space. Here we do not use Clifford algebra as in [4].
When Myths Collide: An Analysis of Conflicting U.S.-Japanese Views on Economics, Law, and Values
Authors: Broiles David
Published: January 2023

This paper examines why Americans so often feel compelled to describe the Japanese in such strong terms. Americans are threatened by Japan. It is not that Japan is stronger, or bigger. The problem is that the Japanese are perceived as different. The difference threatens American assumptions about the American way. This will be illustrated by first reviewing what the problem is between the United States and Japan - centering on the trade imbalance. Then some scholars' analyses of this problem are reviewed, not to find the cause of the problem, but to identify common themes. The common theme is that Japan and the United States do things differently. The differences are reflected in the way government and business relate, in the different role of law in the two societies and in different perceptions about values inherent in the individual or the community. These dif- ferences are described, at least as reflected in the scholarly literature on the subjects. Finally, the hope is that by recognizing that the Japanese challenge the American myth about the market economy, and how it should function in terms of individualism and societal relations, one can come to the conclusion that the strong terms used to describe Japanese conduct mask the real problem: that Japan challenges America's myth about itself.
Needed Changes in Texas Venue Law
Authors: Coale David
Published: January 2023

This paper describes and proposes solutions to three tensions between the Civil Practice and Remedies Code and the Rules of Civil Procedure. Part II sets out the history of the two different bodies of venue law in Texas and explains what happened to them in 1983. Part III recommends that the Code be revised so that a motion to change venue because of prejudice can be filed after the answer. Part IV recommends that the Code should be revised so that live testimony is permissible in a hearing on a motion to change venue because of prejudice. Part V analyzes the treatment of motions to change venue on appeal. It recommends that the Code be revised so that the harmless error rule does not apply when a trial court holds a trial in a prejudiced forum. Part VI summarizes the proposed modifications and explains how they work together to increase efficiency and fairness.
The Judicial Election Gag Is Removed-Now Texas Should Remove Its Gag and Respond
Authors: Allen Angela
Published: January 2023

This Note begins by examining the facts of Republican Party of Minnesota v. White.Il Second, it examines the history of the judicial election system in Texas. Third, it examines the development of the Texas Code of Judicial Conduct and compares the American Bar Association's (ABA) past and current judicial codes with the Texas counterparts. Fourth, the Note analyzes the Supreme Court's decision and discusses the ramifications the White ruling will likely have on the judicial election process in Texas. Finally, this Note discusses possible alternatives to the electoral process in an effort to respond to the likely ramifications of White as well as improve the judiciary in Texas.
The Department of Labor’s Failed Attempt at Birth and Adoption Unemployment Compensation: A View Through the Eyes of Texas
Authors: McKee R. Scott
Published: January 2023

Part II of this Comment will discuss the history, development, and purpose of state and federal unemployment insurance law. Part II will also discuss judicial and administrative interpretation, as well as enforcement of the law. Part III will analyze the legality of the failed BAA-UC experiment and its conflict with federal law and United States Supreme Court precedent. Part IV will discuss the Texas Unemployment Compensation System, and why the BAA-UC model state legislation conflicted with state and federal law. Part V will discuss the financial impact that a BAA-UC program would have on the federal-state and Texas unemployment trust funds. Finally, Part VI will propose that, in light of the lessons learned from the failed BAAUC program, Texas should analyze California's solution to providing temporary partial-wage replacement to families on leave following the birth or adoption of a child and seek an alternate program to fund a paid leave program.
The Requirement of Statute of Frauds for Real Estate Brokers to Receive Commissions and the Festering Minority View of Equity
Authors: Councilman Stephanie
Published: January 2023

Part II of this Comment will discuss real estate commissions in general. Part III will discuss different views of real estate transactions across the nation. Then, in Part IV, this Comment will suggest that a festering minority of courts in states that have a Statute of Frauds requirement are currently disregarding the statutes or simply ignoring them in favor of the law of equity. Part V suggests that because some courts are ignoring the statutes, these states should reinforce their Statute of Frauds requirement by adopting language expressly stating that the statute must be followed and no commission can be granted even in quantum meruit in the absence of a written agreement.
“Tough on Crime” or “Soft on Justice”: An Argument for the Mandatory Application of the Texas Juvenile Justice Code’s Progressive Sanctions Guidelines
Authors: MacKenzie Clifford
Published: January 2023

In Part II of this Comment, the history and operation of the Texas Juvenile PSGs will be explored. Part III will include an analysis of the FSGs to include a discussion of the strengths and weaknesses. The analysis of the FSGs will be applied to the Texas Juvenile System in Part IV. Finally, the argument will be made for the mandatory application of the Texas Juvenile PSGs.
The Un-Established Establishment Clause: A Circumstantial Approach To Establishment Clause Jurisprudence
Authors: Cook David W.
Published: January 2023

The purpose of this Comment is not to suggest a new test for Establishment Clause jurisprudence-there are plenty of well-known scholars who have been engaged in such a task, some for over thirty years. Instead, this Comment will draw an analogy between the Court's Establishment Clause jurisprudence and other regions of the Court's jurisprudence, and recommend a similar approach be taken by the Court in this area in a manner that would bring order to chaos, yet maintain the flexibility the Court desires. Part II discusses the modern approach to issues arising under the Establishment Clause, which includes the modern tests and their origin. Part III explores the problems these multiple approaches have created. Part IV addresses the need for consistency. The circumstantial approach is introduced and discussed in Part V, which is followed by the conclusion in Part VI.
Dilution Standard Number: A Quantitative Approach in Proving Actual Dilution Under the Federal Trademark Dilution Act
Authors: Do Lim Thanh
Published: January 2023

This Comment focuses on the Supreme Court's interpretation of the Federal Trademark Dilution Act (FTDA) of 1995 in Moseley v. V Secret Catalogue, Inc.' and develops a quantitative approach using the Court's language to prove dilution under the FTDA.
Inner Turmoil: Redefining the Individual and the Conflict of Rights Between Woman and Fetus Created by the Prenatal Protection Act
Authors: Haynes Michelle
Published: January 2023

A fetus should not be labeled an "individual" if it is only going to receive some of the protection from third parties to which an individual is entitled. Instead, this Comment urges the Texas Legislature to repeal the criminal penalties portion of the Prenatal Protection Act and replace it with a criminal statute that protects a woman's right to carry her pregnancy to term and provides enhancements for injuries to a pregnant woman or alternatively, a criminal statute that protects the potential life of the unborn fetus as an "individual" and does not provide exceptions for the mother's conduct when she commits an assaultive or intoxicated crime upon the fetus.
Even though the Texas Legislature may have thought it was acting with good intentions, the criminal penalties portion of the Prenatal Protection Act only creates further conflicts between the rights of a pregnant woman and those of her unborn child. Part II of this Comment describes the evolution of maternal and fetal rights by exploring their development in American Jurisprudence and by discussing certain conflicts of rights that have already occurred between a woman and her fetus. Part III describes the passage of the Prenatal Protection Act in the Texas Legislature, while Part IV introduces the conflicts of rights created by its passage. Finally, Part V recommends that the Texas Legislature repeal the criminal penalties portion of the Prenatal Protection Act and replace it with a criminal statute that provides for an enhancement for injuries to a pregnant woman or at least with a statute that eliminates the exceptions for a mother's conduct when her actions would constitute an assaultive or intoxicated offense if committed by a third party.
Will the Correct Legal Standard Please Step Forward: When Should an Employer's Affirmative Duty under ERISA to Disclose Potential Plan Changes Kick-In?
Authors: Sprott Sandra L.
Published: January 2023

In sum, this Comment examines whether ERISA imposes an affirmative obligation on employer-fiduciaries to disclose proposed changes in their employee benefits plans and when that duty to disclose arises. Part II provides a historical perspective of ERISA and the duty to disclose. Part III examines when an employer is considered a fiduciary under ERISA. Part IV explains ERISA's reporting and disclosure requirements and its impact on the duty to disclose proposed changes. Part V takes into consideration the duty of loyalty. Part VI analyzes the two conflicting standards. Ultimately, after a detailed analysis, Part VII of this Comment concludes that the minority's fact-specific approach is the better standard in evaluating breach of employer fiduciary duties under ERISA.
Of Mack Trucks, Road Bugs, Gilmore and Danzig: Happy Birthday Hadley v. Baxendale
Authors: Anderson Roy Ryden
Published: January 2023

It is testimony to the status of the great case of Hadley v. Baxendale' that even after 150 years helpful discussion and learning can result from a two-day conference of experienced contracts teachers with the case itself as the centerpiece. As the renderings in the pages of this volume attest, such indeed resulted from a merry gathering in Gloucester, England in June 2004.
Hadley v. Baxendale: Contract Doctrine or Compensation Rule?
Authors: Tettenborn Andrew
Published: January 2023

There is little doubt that historically the 'reasonable foreseeability' criterion in Hadley v. Baxendale was thought of as a fairly general damages limitation exercise whose chief function was to prevent liability for consequential loss getting out of control, and that it was only somewhat later that lawyers got the idea that there should be a fundamental cleavage between tort and contract. The aim of this article has been to show that, despite what has since become modern orthodoxy, the arguments against applying Hadley to non-contractual claims do not stand up. The way should therefore be open to regard Hadley as what it was always intended to be: a general rule applying to all forms of compensation for non-deliberate damage, whatever the formal source of the defendant's liability. Whether courts will explicitly accept my common sense proposition remains, of course, to be seen.
Private Law and Public Interest; My Kingdom for a Horse: Reining in Runaway Legislation from Software to Spam
Authors: Perry Courtney Lytle
Published: January 2023

This Article considers three examples of failing to "look before you legislate."
The first section addresses one of the first major statutory treatments of software, the 1980 amendment to the Copyright Act of 1976.
The second section addresses the more recent, failed attempt to proactively draft commercial rules for software related transactions.
The final statute examined is the 2003 CAN SPAM Act 3 that took effect January 1st of 2004.
Hadley's Liability-Limiting and Commerce-Enhancing Principles Applied in the British Commonwealth and the U.S.A.
Authors: Huie Marsha
Published: January 2023

The point is that Hadley v. Baxendale's limitation of damages to foreseeable damages allowed the rapid growth of commerce in the middle years of the industrial revolution, while the emergence of an international data privacy commitment will allow for the growth of E-commerce in the digital age, at least in the long term, by ultimately fostering buyer confidence in the integrity of internet sales of goods and services.
Work-In-Progress: Evolution and Common Law
Authors: Hutchinson Allan C.
Published: January 2023

It is a trite observation that time and tide wait for no one. Canute learned this much to his chagrin. And every other would-be commander or commentator is well advised to remember this mundane wisdom. Indeed, change is one of the few indisputable facts of life. In truly paradoxical fashion, it can safely be reported that change is a constant feature of the world. Whether considered locally or over vast eons of time, change is what makes the world what it is. The central challenge, therefore, for any one who wishes to understand or affect the world, is to come to terms with change and incorporate its dynamics into any account of how the world, or its constituent parts, work. Consequently, any account of legal and biological life that offers an important role for the fact and effects of change will soon itself become a victim of historical change. Nevertheless, human attitudes to change are no less complex or perplexing than the phenomenon of change itself. Being part of the changing world, human views on the hows and whys of change are themselves constantly changing. At the heart of this intellectual challenge is the persistent effort to fathom the relation, if any, between "change" and "progress." While there is a wide, if often begrudging, acceptance that change is inevitable and inexorable, there is also considerable disagreement over not only the pace and dynamics of such movement, but also its direction and putative destination. This debate and controversy is as heated in law as it is in any other field of study. In a world in which law has a relatively privileged place in addressing and channelling political power, the issue of whether the common law is merely changing or making progress is of considerable moment.
The “Extreme Makeover” Effect of Law School: Students Being Transformed by Stories
Authors: Sharp Cassandra
Published: January 2023

The relationship between law and popular culture has caused great interest among scholars over the years. It is a field that invites the merging of disciplinary boundaries and allows for plurality in the ways that law can be viewed. This paper seeks to view this relationship from the vantage point of the first-year law student and to explore the representation and transformation of meaning about law and lawyering within the social and academic context of law school. Situated within the expanding scholarship on law and popular culture, this paper examines how the image of the lawyer is constructed and interpreted by law students. Of particular concern are the stories that are interpreted and produced through the medium of television and within the context of law school.
Why Is There No Russian Atticus Finch? Or Even a Russian Rumpole?
Authors: Newcity Michael
Published: January 2023

The purpose of this Article is to examine how the pre- and postreform nineteenth-century Russian legal institutions were reflected in literature of that time and to analyze why the literary theme that has been so common and strong in Anglophonic literature-the lawyer, judge, and jury as hero-never appeared in Russia.
Imperfect Order: Reflections of the Law in Two Classic Children’s Novels
Authors: Klein Thomas C.
Published: January 2023

Man-made law, or "positive" law, and its related legal institutions are represented in children's novels as complicated, sometimes corrupt, and often arbitrary structures that prevent the protagonists from reaching their desired goals or resolving their difficulties. Rather than presenting positive law and its related institutions as a means to resolve conflicts and provide repose to the characters, children's novels present such law and institutions as aggravating or prolonging conflict, and creating uncertainty about how the protagonist will extricate himself or herself from the legal predicament. Children's novels do not offer the child reader any known points of reference in the legal landscape so the positive law and legal institutions themselves appear imposing, largely unknown, and mysterious. Positive law and legal institutions in children's stories create dramatic tension because the protagonist must negotiate out of, or around, a predicament that a legality, or a collision with a legal institution, has complicated. In some stories, the legal situation itself is the central predicament out of which the protagonist must escape. These stories present, from a child's perspective, the law as a quagmire with few understandable points of reference or clear exits. As a complex and largely arbitrary system, this imperfect order rendered by the positive law in children's novels reflects an avenue that inevitably leads the protagonist to outcomes inferior to those if the law is avoided, ignored, or flouted. This portrayal of positive law and legal institutions is evident in two classic children's novels The Wind in the Willows by Kenneth Grahame, and Shiloh by Phyllis Reynolds Naylor.
Lysistrata, Women, & War: International Law’s Treatment of Women in Conflict and Post-conflict Situations
Authors: Lindsay Emma
Published: January 2023

In Part II, the Author considers the synergies between law (particularly international law), literature, and feminism. In Part III, the Author examines the play and outline the binary oppositions that pervade Aristophanes's text: war/peace, public/private, and masculine/ feminine. The Author then considers the binary oppositions in more detail, by investigating how they are reflected in the position of women in contemporary violent conflicts. Using a single example to explore each opposition, the Author looks at violence against women, women's political participation, and social and economic rights to suggest the unreality of the oppositions for women. In so doing, she seeks to demonstrate how the hierarchical nature of these binary oppositions has served to confine women's experience to the less valued part of the opposition, although she recognizes that in some areas the oppositions are being destabilized, as in the play. By way of conclusion, in Part IV the Author maps the direction in which change needs to continue to enable international law fully to account for the experiences of women.
Atticus Finch, Boris A. Max, and the Lawyer's Dilemma
Authors: Batey Robert
Published: January 2023

For as long as I have taught law and literature, I have held strong opinions about two fictional criminal defense attorneys, the world-famous Atticus Finch of the novel and film To Kill a Mockingbird' and the less celebrated Boris A. Max, Bigger Thomas's attorney in Richard Wright's Native Son.' Atticus and Max, both white, courageously defend black men charged with capital crimes by a racist legal system, both are vilified by the public, and both of them see their clients die at the hands of the state. But despite their courage, my opinion of each was that he failed his ethical duties as an attorney.
It took me several years to realize that these strongly felt opinions were inconsistent. I was damning Atticus for failing to be more like Max, and damning Max for failing to be more like Atticus. This article attempts to address that inconsistency, first by presenting, in parts II and III, the cases against Atticus Finch and Boris A. Max and then by exploring where the true course of ethical representation might lie, in part IV.
Where Is Law & Literature Headed? Roundtable Discussion
Authors: Ayres Susan , Hyde Michael , Heinzelman Susan Sage , Ward Ian , Williams Melanie
Published: January 2023

This is a roundtable that will discuss the question "Where is Law and Literature Headed?"
Sidestepping Copyright: British Fairy Tale Anthologies of the 19th Century
Authors: Richardson Megan , Kenyon Andrew T.
Published: January 2023

One question is how in the golden period of fairy tale anthologising the work of the anthologists escaped the complete influence of copyright law with its paradigm of the individually authored work. The answer, it is suggested, lies, in part, in the early anthologists who formed a folklore society, saw themselves as anthropologists of folk culture, and treated copyright as largely irrelevant for the sake of their perception of the common good, and, in part, in the structure of copyright law itself which does not mandate but simply permits proprietary rights to be asserted.
The Failure of the International Laws of War and the Role of Art and Story-Telling as a Self-Help Remedy for Restorative Justice
Authors: Tiefenbrun Susan
Published: January 2023

This Article asks several questions that seem particularly relevant in view of the current state of war that our peace-loving society is engaged in today. What is the role of the laws and customs of war if the warriors don't play by the rules? What is the role of art and music during and after the commission of atrocities? Can art prevent further atrocities, assuage victims of catastrophic events, inspire the collective conscience of perpetrators, and protect victims from the reality of pain caused by war and the violations of the international laws of armed combat? Can a book or a film that substantially recreates and authentically memorializes large scale violations of the law act in the interests of justice? Can art provide a form of self-help equitable remedy like a declaratory judgment that offers non-monetary compensation and restorative justice to the victim as well as moral education to society in an aim toward preventing further atrocities? This challenging issue is of critical importance today as the twenty-first century finds itself once again caught up in wars, genocides, and inhumanity.
This Article discusses the following four issues: (1) the legitimacy of an interdisciplinary approach to the study of the laws and customs of war; (2) the failure of international humanitarian laws to deter the large scale perpetration of inhumane acts committed during World War II, as represented in the film and book, The Pianist; and (3) the role of retributive justice after World War II and the Nuremberg Trials, as compared to (4) the role of restorative justice that stories told in artistic representations of massive violations of the laws of war can provide. This Article argues that story-telling through art is a form of self-help remedy available to the victims of atrocities. Art that produces a historic and authentic record provides society at large with a form of moral education. Art, then, has the capacity to be a long-term preventive measure against the commission of genocide, war crimes, and human rights violations in the future.
What’s So Great About a Trial Anyway? A Reply to Judge Higginbotham’s Eldon B. Mahon Lecture of October 27, 2004
Authors: Means Terry R.
Published: January 2023

United States Circuit Judge Patrick E. Higginbotham, in his October 2004 Eldon B. Mahon lecture at the Bass Hall in Fort Worth, once again identified and criticized a phenomenon in American jurisprudence that has been of great concern to him for several years. Judge Higginbotham's identification of and "take" on this development can be fairly summarized by referring to the title of a similar lecture he delivered at Loyola University School of Law, which was published in the Fall 2002 SMU Law Review: So Why Do We Call Them Trial Courts? My reply today, entitled What's So Great About a Trial Anyway?, is an effort, and a risky one on my part given his status as compared to mine, to join issue with my friend and colleague on the bench on whether the decline in trials in America, and especially in federal district court, is a positive or a negative development, or, perhaps something in between.
The Ties That Bind: Why Texas Should Adopt a Presumption That Relocation Is Not in the Best Interests of the Child
Authors: Gibbons Kelly
Published: January 2023

This Comment addresses whether Texas's relocation framework should include a presumption that relocation is not in the best interests of the child. After considering the policy in favor of "frequent and continuing contact," the pre-Lenz and post-Lenz holdings of the Texas courts of appeals, and the social science addressing the effects upon the child of a custodial parent's relocation, this Comment argues that the legislature should adopt such a presumption. Specifically, the legislature should adopt a presumption that requires the relocating party to prove that the relocation would be in the child's best interests, regardless of whether that party is the party seeking to be awarded the right to determine the child's primary residence in an original custody proceeding or a party seeking modification of an existing custody order. This Comment contends that such a presumption harmonizes the public policy in favor of "frequent and continuing contact" with a balancing test that allows a trial court to consider a number of factors when deciding a relocation case.
Part II sets forth the current pertinent Texas public policies and statutes bearing upon the issue of custodial parent relocation. Part III of this Comment addresses the historical background of relocation litigation. Part IV analyzes both the pre-Lenz and post-Lenz hold ings of the Supreme Court of Texas and the Texas courts of appeals. Part V of this Comment presents the two competing views in social science that address the issue of relocation of the custodial parent and identifies certain elements of both in Texas public policies and statutes and in the relocation holdings of the Supreme Court of Texas and the Texas courts of appeals. Finally, Part VI of this Comment suggests that the Texas Legislature should adopt a rebuttable presumption that relocation is not in the best interests of the child and place the burden on the parent seeking to relocate to prove that the move would be in the child's best interests.
Can the Texas Economic Contribution Statute Be Reconciled With the Inception of Title Doctrine?
Authors: Pirgova Emilia
Published: January 2023

This Comment will argue that the Texas Legislature should repeal or amend the Statute because it produces results that further the inequities arising from the Inception of Title Rule, which fixes the character of the property as separate or community at the time title to the property is acquired. In addition, the Statute continues to produce confusion and uncertainties that the Texas Legislature sought to eliminate when it changed the old equitable Right of Reimbursement rule. Section II will offer a brief overview of the history of the community property system. Section III will give a summary of the old rules under the equitable Right of Reimbursement in Texas. Further, this Comment will explain the new rules under the Statute in Section IV. Sections V and VI will explain the problems created by the Statute and the proposed solutions to resolve the inequalities created by the Inception of Title Rule and the Statute.
Theory and Anti-theory in the Work of Allan Farnsworth
Authors: Garvin Larry , Linzer Peter , Keren Hila , Barnett Randy , Perillo Joseph
Published: January 2023

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Immediately following his death, the tributes from fellow contracts scholars came in droves.
Insurance Causation: Texas Law on First-Party Claims
Authors: Smith Randall L. , Simpson Fred A.
Published: January 2023

This Article is principally concerned with insurance causation in situations where concurrent and consecutive perils, one covered and one excluded, combine to cause a single loss to insured property. Under those conditions, the legally responsible cause of loss to insured property is identified under two distinctly different rules when both of these conditions exist: (1) there is no order of succession in time of two or more events; and (2) damages from each of the concurrent causes of resulting loss cannot be distinguished.
In the Shadowlands: Fisher and the Outpatient Civil Commitment of “Sexually Violent Predators” in Texas
Authors: Hall Ronnie
Published: January 2023

This Note will suggest some possible improvements to Texas's approach to handling the offenders it and other states have chosen to label "sexually violent predators," including the option that Texas replace its SVP statute with an inpatient civil commitment regime similar to those in other states.
Part II of this Note will reflect some historical background behind civil commitment, including the traditional rationales underlying it, the early emphasis on procedural due process in nineteenth century American jurisprudence, and the development of commitment laws specifically aimed at sex offenders in the twentieth century. Part III will address the state of the law on this issue in Texas, which provides for a unique statutory outpatient regime. Part IV will focus on the Fisher case, following it through every step of litigation, from Michael Fisher's commitment hearing, through the state appellate process, to the denial of certiorari by the United States Supreme Court. Along the way, it will highlight the ways in which Fisher exemplifies problems in the practical application of the Texas SVP statute. Finally, Part V will point out some changes the legislature has made to the SVP statute since its initial adoption in 1999 and will suggest additional needed changes.
Fantasy Sports and the Right of Publicity: A Case for Viewing Dissemination of Player Statistics as Fair Use of the News
Authors: Pratt David L.
Published: January 2023

This Comment argues that the use of player names and statistics in the fantasy sports context should be granted a narrow exemption from the "right of publicity" doctrine because such use is essentially no more than news reporting. Part II examines the evolution of fantasy baseball from its humble origins and explosive growth to the legal debate that presently surrounds it. Parts III and IV seek to demonstrate why the crux of the dispute turns on the rights to player names, and not on ownership of the actual statistics. Part V examines the development of the right of publicity doctrine and suggests that the doctrine supplies the appropriate test for analyzing the dispute. Finally, Part VI proposes the need to adopt a narrow "fair use" exception to the right of publicity and Part VII concludes that the line between news and commerce demands that statistics used for fantasy sports be considered a fair use rather than a promotion for profit.
Protecting Gay and Lesbian Families From Eviction From Their Homes: The Quest for Equality for Gay and Lesbian Families in Braschi v. Stahl Associates
Authors: Baldacci Paris R.
Published: January 2023

As indicated above, much of the Author's professional life has been involved in writing about and litigating Braschi-related matters. However, the theme of this Conference-how law and its practitioners affect issues of freedom, equality, and justice-has given the Author the opportunity to begin to address questions raised when the Author first watched the tape of the Braschi oral argument and then read the ACLU briefs, but which the Author has not had the opportunity to address since then. Those questions are: 1) What role did Braschi's lawyers play in the Court's formulation of a functional definition of family? 2) Was the Braschi Court fearlessly entering a brave new world of gay and lesbian equality, leading the legal system into a recognition of same-sex families, or was it playing catch-up, i.e., recognizing what had already become the social and cultural reality of functional families-gay, lesbian, and other? The Author's presentation at the conference on these questions, which is somewhat further developed here, was an attempt to begin to sketch the contours of answers to those questions.
Transatlantic Negotiations: Lord Mansfield, Liberty and Somerset
Authors: Hunter T.K.
Published: January 2023

While strictly speaking, English soil did not automatically confer or restore a slave's freedom, the characterization of England's soil by Englishmen themselves as "free" meant that the presence of a person who challenged his/her continued state of bondage stood in tension with that description-a characterization that was an integral part of common law. That tension could have been ameliorated had there been a statute declaring all bound diasporic Africans unquestionably free. Instead, legal personnel invoked common law traditions, and Mansfield frequently ruled in favor of individual liberty on a case by case basis. Mansfield himself did not focus on the question of slavery (which was, at the end of the day, far too volatile given Britain's preeminence in the transatlantic slave trade in the 18th century). Rather, he focused on the question of liberty-a question that potentially privileged free English soil.
In the context of the Somerset case, Lord Mansfield proceeded as was his wont, particularly as, having risen through the ranks from Solicitor General to Attorney General and finally to Lord Chief Justice of the court of King's Bench (a series of promotions that could not have been easily achieved by a Scot in England had Mansfield not been circumspect about both about his reputed Jacobite past, and about the company he kept), he was no political innocent.
Blowing the Lid Off: Expanding the Due Process Clause to Defend the Defenseless Against Hurricane Katrina
Authors: Duhart Olympia
Published: January 2023

This paper advocates an expanded reading of the Due Process Clause of the Fourteenth Amendment to include affirmative obligations to act. Specifically, this paper considers the government's failure to act during the threat of Hurricane Katrina a valid cause of action under a Section 1983 Civil Rights suit. State officials, local officials, and local government must be held accountable for their monumental failures during the storm. The government's mistreatment of its most vulnerable citizens-the poor, the elderly, and the sick-may constitute a due process violation under one of the exceptions to the no-duty rule generally imposed on the Due Process Clause of the Fourteenth Amendment. A "more perfect Union" must act on its duties- both negative and affirmative-to protect the powerless against harm.
Part II of this paper will provide a brief introduction to Section 1983 litigation, examining possible defendants and the type of relief available. Part III will discuss Fourteenth Amendment violations supported by two exceptions to the no-duty rule under DeShaney: the state- created danger rule and the special relationship exception. This part of the paper will also examine the government's failures leading up to the Katrina debacle in light of the two exceptions, arguing that either could be used to make the state and local officials liable under a due process claim. Finally, this paper will conclude with a look ahead at government's response to the constant threat of hurricanes and whether anything has been learned from the events surrounding Hurricane Katrina.
The Equality Paradise: Paradoxes of the Law’s Power to Advance Equality
Authors: McCormick Marcia L.
Published: January 2023

This paper will compare the history of two of the three major civil rights movements in the United States, comparing the victories and defeats, and their results. The movement for Black civil rights and for women's rights followed essentially the same pattern and used similar strategies. The gay and lesbian civil rights movement, on the other hand, followed some of the same strategies but has differed in significant ways. Where each movement has attained success and where each has failed demonstrates the limits of American legal structures to effectuate social change.
The Accountable Attorney: A Proposal to Revamp the Aba’s 1976 Statement of Policy Regarding Lawyers’ Responses to Auditors’ Requests for Information
Authors: Johnson James S.
Published: January 2023

The American Bar Association's (ABA) long-standing compromise' with the American Institute of Certified Public Accountants (AICPA) regarding the role of lawyers in audits of public companies needs an overhaul. The current process is dysfunctional: accountants attempt to opine on a company's disclosures about litigation and to assess loss exposure without any foundation in the legal issues involved. During this process, those accountants turn to their clients' attorneys for help. But lawyers, concerned about preserving confidentiality and privilege, routinely respond to the accountants' requests with verbiage honed to say nothing at all.
This Comment argues that the time has come to divorce CPAs from the task of evaluating legal risks in the course of their audits. Instead, an Independent Legal Counsel should report on the company's disclosure of legal matters. The benefits of this approach are: (1) to eliminate ineffective and unproductive handoffs under the current audit processes; (2) to avoid troubling attorney-client privilege risks during the background discussions of the legal contingencies; and (3) to improve public confidence in the legal disclosures made in financial statements.
Devaluing Invention: The Push for Patent Reform
Authors: Tiller Don
Published: January 2023

Recently, it has been argued that the U.S. patent system is broken and has become a social burden, merely serving to grant unnecessary economic monopolies at the expense of consumers without creating an extra incentive to invent; or worse, that the patent system actually reduces incentive to invent. These critics contend that, in effect, the patent system functions as both a short- and long-run economic burden on society. The result has been a strong effort to reduce the extent of patent rights at both the legislative and judicial branches of government.
Some of the proposed reforms, and the policies on which they are based, favor short-run consumer benefits over the long-run goal of continued American invention. These reforms have the potential to lessen the United States' position as a world economic and technological leader.
A brief model of the economics of invention is presented in Section II of this Comment. In Section Ill, several aspects of the patent system that serve as incentive to invent are described. Specific common critiques of the patent system are presented in Section IV, along with the proposed reforms and an analysis of their effects on the incentive to invent.
The Monument and the Message: Pragmatism and Principle in Establishment Clause Ten Commandments Litigation
Authors: Weinberger Lael Daniel
Published: January 2023

This Comment's objective is not primarily to say why the Commandments are desirable to display, nor to frame a detailed legal case as to how they can be defended. The inquiry is limited to the interplay of theology and law in the historical argument for the Commandments- are public displays of the Commandments trapped between theological indifference on the one hand, or legal failure on the other? With the modest belief that the legal practitioners should take note of the theological implications of their arguments,8 and that the arguments should be informed by both the principle and the practical, we shall proceed: first, to examine the state of the court precedent; second, to consider the theological problems with the "historical" defense of the Commandments; and third, to suggest some routes which would avoid the theological problem.
Constructive Strict-Approach to Attorney-Client Privilege in Bankruptcy: Lack of Clarity in Rule 502 Makes Its Application to Bankruptcy Unclear
Authors: Kathman Jason P.
Published: January 2023

Electronic discovery (e-discovery) creates issues that are fundamentally different from the issues associated with paper discovery.' In response to these differences, the United States Congress promulgated the 2006 Amendments to the Federal Rules of Civil Procedure. These amendments address a number of problems associated with e-discovery; however, they do not address many of the specific problems associated with the attorney-client privilege that arise from large amounts of electronically stored information (ESI).2 The United States House of Representatives Committee on Rules of Practice and Procedure proposed Rule 502 of Evidence (Rule 502) to address these issues. Rule 502 addresses the effects of inadvertent disclosures in discovery, and whether those inadvertent disclosures operate as waivers of the attorney-client privilege. Unfortunately, the proposed rule does not address many of the intricate situations that are present in every bankruptcy case.
This Note first examines broadly the scope of ESI and e-discovery and their effect on the legal field. Next, it discusses generally the attorney- client privilege and how waiver occurs. Then this Note analyzes Rule 502 and how it addresses several problems attorneys currently face with waiver of the attorney-client privilege in e-discovery. Then, it shows how Rule 502 does not address two specific problems in the bankruptcy context. Finally, it will offer attorneys a few suggestions to insure that the client's attorney-client privilege is preserved.