Digital Commons Network^™

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik

Law Faculty Publications

This Article examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the newly evolved application of the doctrine in juvenile court. Part III examines the ethical, legal, and practical considerations that arise when a lawyer has concerns about whether a juvenile client possesses the competence needed to participate appropriately in juvenile court proceedings.

Moral Imagination, Joanne B. Ciulla

Jepson School of Leadership Studies articles, book chapters and other publications

Moral imagination provides leaders with insight into others and the world and helps them make moral decisions and form visions. Leaders need imagination to determine the values they embrace and the feelings that these values engender in themselves and others. Leaders use imagination to animate values, apply moral principles to particular situations, and understand the moral aspects of situations. Imagination and moral values are the fundamental components of a vision.

Invisible Leadership, Gill Robinson Hickman

Jepson School of Leadership Studies articles, book chapters and other publications

Can a common purpose truly inspire people to engage in leadership? The leadership scholars Georgia Sorenson and Gill Robinson Hickman maintain that a common purpose can spur individuals to act using their own leadersihp agency. Invisible leadership is a descriptive term used to denote a process in which major organizers and change leaders often are unknown to those outside the endeavor; as a result, their source of motivation, valuable contributions, and personal agency also go unnoticed by outside observers.

Indigenous Voices And American Politics, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

President [Bush], in a convoluted response to a question on the meaning of tribal sovereignty (essentially the inherent right of indigenous nations to self-governance) posed by a minority journalist on August 6, told the 7,500 assembled journalists that "tribal sovereignty means that it's sovereign. You're a—you've been given sovereignty and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities."

Nevertheless, these two statements by the leading presidential candidates are big deals for Indian nations. They provide a measure of overt national political recognition for several of the most …

Justice Thomas And Federal Indian Law: Hitting His Stride?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

It was Justice [Clarence Thomas], the lone African American, whose voting record on Indian cases is more anti-Indian than even Rehnquist or Scalia, who in his concurring opinion, made several critical points that were most telling. Thomas will never be mistaken for Thurgood Marshall, who wrote several affirmative Indian law rulings, and his intention in crafting his opinion in this case was almost certainly not meant to be transparently supportive of tribal sovereignty. Yet he identified several enigmas in law and policy that, if acted upon by tribal, state and federal policymakers, might lead to a clearer status for indigenous …

Sympathy And Approbation In Hume And Smith: A Solution To The Other Rational Species Problem, David M. Levy, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

This paper examines a key implication of the different conceptions of sympathy and the approbation associated with sympathy in the writings of David Hume and Adam Smith. For Hume, sympathy is an empathy we feel for those like us and hence we are motivated to obtain the praise or approbation of those with whom we sympathize. In Hume’s construction there is a direct link from sympathy to motivation because sympathy is reflected self-love. By contrast, in Smith’s construction sympathy is an act of imagination which only habit makes motivational. The abstraction by our imagination means we earn the approbation (or …

"Not An Average Human Being": How Economics Succumbed To Racial Accounts Of Economic Man, Sandra J. Peart, David M. Levy

Jepson School of Leadership Studies articles, book chapters and other publications

In this chapter, we shall show how the attacks on the doctrine of human homogeneity succeeded—how, late in the century, economists came to embrace accounts of racial heterogeneity entailing different capacities of optimization.¹ We attribute the demise of the classical tradition largely to the ill-understood influence of anthropologists and eugenicists² and to a popular culture that served to disseminate racial theories visually and in print. Specifically, W. R. Greg, James Hunt, and Francis Galton all attacked the analytical postulate of homogeneity that characterized classical economics from Adam Smith³ through John Stuart Mill. Greg cofounded the eugenics movement …

Dogs, Domestication, And The Ego, Gary Shapiro

Philosophy Faculty Publications

In Zarathustra's "On the Vision and the Riddle," three animals-a spider, a snake, and a dog-make significant appearances, as do three human or quasihuman figures-Zarathustra himself, the dwarf known as the Spirit of Gravity, and the shepherd who must bite off the head of the snake. Of these animals, it is the dog who receives the most extended attention. Here, in the passage that along with "The Convalescent" (with its eagle and serpent) is usually and rightly taken to be Nietzsche's most articulate and yet highly veiled approach to explaining the teaching of eternal recurrence, the riddling vision involves animals. …

Rites Of Passing: Foucault, Power, And Same-Sex Commitment Ceremonies, Ladelle Mcwhorter

Philosophy Faculty Publications

According to Catherine Bell, "The popular contention that ritual and religion decline in proportion to modernization has been something of a sociological truism since the mid-19th century". Conventional wisdom maintains that ritual practices just don't hold central importance in the lives of those raised in the industrialized world as compared with the importance such things had for our distant ancestors or for our contemporaries in non-industrial societies. Some have contended that this is because ritual tends to be strongly correlated with pre-scientific cosmological beliefs that our society has for the most part outgrown. But for whatever reason, " [c]omparatively speaking," …

Women Leaders Combining A Career In Higher Education With Raising A Family : A Study Of Leadership, Anne Simmons Williamson

Honors Theses

Much of the research within the field of Leadership Studies focuses on whether men and women lead differently and whether women can break "the glass ceiling." This study will examine women leaders in higher education administration who have children and have already broken the glass ceiling, focusing on their work-life challenges and analyzing the structural and attitudinal issues in their organization and society that impact their leadership.

Virginia Schein (1995) identified the larger challenge for society by asking,

How can we restructure work in a society in which work and family no longer are separate, but interface?...It is when this …

Type Of Muscle Present In Adult Amphibian Lymphatic Heart Based On The Dna Sequence Of The Myosin Heavy Chain, Maribeth Morral

Honors Theses

Water and plasma are forced from the capillaries into the interstitial fluid. This fluid is useful l as it moves materials between cells. Most of this fluid is collected in the capillarie of a second circulatory system, the lymphatic system. The first function of such a system is returning the excess blood plasma, now o as lymph, that has accumulated in the tissue spaces. Lymph flows from small lymph capillaries into lymph vessels that are similar to veins in having valves that prevent back flow. Lymph vessels collect to lymph nodes, lymph organs, or to the cardiovascular system at the …