Digital Commons Network^™

A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli

Carlo A. Pedrioli

In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Carlo A. Pedrioli

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

The Measure Of A Man: Conceptualizations Of Masculinity Among High-Achieving African American Male College Students, Shaun R. Harper, Ph.D.

Shaun R. Harper, Ph.D.

This study examines within-group alternative conceptualizations of masculinity among African American men on university campuses. Individual interviews were conducted with 32 high-achieving African American male undergraduates at six predominantly White research universities in the Midwest. Findings indicate that unconventional definitions of masculinity, when coupled with active campus involvement and leadership in minority student organizations, are deemed acceptable by uninvolved undergraduate men and help promote healthy masculine identities for African American male student leaders. Implications and recommendations for university administrators are offered at the end of the article.

“Will The New Second Generation Experience ‘Downward Assimilation’? Segmented Assimilation Re-Assessed”, Roger D. Waldinger, Cynthia Feliciano

Roger D Waldinger

Research on the “new second generation” in the United States has been deeply influenced by the hypothesis of “segmented assimilation,” which contends that the children of immigrants are at risk of downward mobility into a “new rainbow underclass.” This paper seeks to assess that assertion, focusing on the experience of Mexicans, the overwhelmingly largest of today's second generation groups, and a population of predominantly working- or lower-class origins. The empirical component of this paper rests on analysis of a combined sample of the 1996-2001 Current Population Survey.

Race, Corporate Law, And Shareholder Value, Thomas W. Joo

Thomas W Joo

Racial justice is becoming a taboo subject, which often has to be explained and justified in nominally “race-neutral” terms. The rhetorical strategy of linking diversity to the bottom line is potentially powerful in the current political and cultural climate. But the strategy also has limitations and costs. It is not clear that diversity and improved corporate performance always go hand in hand. Furthermore, as a matter of corporate law doctrine, even strong evidence of a correlation between the two would not necessarily constitute a basis to compel corporations to take any action to further racial justice. Finally, there is a …

Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma

Saumya Uma

This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.

Physiological And Psychological Effects Of Exercise Interventions In Hiv Disease, Kenneth D. Phillips

Kenneth D. Phillips

No abstract provided.

Depression In Hiv-Infected Patients: Allopathic, Complementary, And Alternative Treatments, Kenneth D. Phillips

Kenneth D. Phillips

No abstract provided.

Physiological And Psychological Correlates Of Fatigue In Hiv/Aids, Kenneth D. Phillips, R.L. Sowell, M. Rojas, A. Tavakoli

Kenneth D. Phillips

Fatigue is a frequent symptom reported by persons living with HIV disease and one that affects all aspects of quality of life. To improve quality of care of persons with HIV disease, it is important to address all factors that contribute to fatigue. The purpose of this study was to determine the associations of physiological, psychological, and sociological factors with fatigue in an HIV-infected population. With Piper’s integrated fatigue model guiding selection, factors examined in this study were hemoglobin, hematocrit, CD4+ cell count, HIV-RNA viral load, total sleep time, sleep quality, daytime sleepiness, HIV-related symptoms, anxiety, depression, and perceived stress. …

Psychological And Physiological Correlates Of Sleep In Hiv Infection, Jennifer L. Robbins, Kenneth D. Phillips, Wesley D. Dudgeon, Gregory A. Hand

Kenneth D. Phillips

Insomnia, a common problem associated with HIV disease, is most likely caused by a multitude of factors. This study investigated the correlations between a selected group of physiological and psychological factors and sleep quality in an HIV-infected population. A convenience sample of 79 ethnically diverse HIVpositive adults, ages 24 to 63, completed a number of questionnaires and released their laboratory records for CD4+ cell count and viral load information. Variables significantly related to sleep quality were HIV-related symptoms, total pain, fatigue, depression, state anxiety, and the number of adults in the household. Findings support the need for health care providers …

The Interaction Model Of Client Health Behavior As A Conceptual Guide In The Explanation Of Children's Health Behaviors, C.H. Robinson, Sandra Thomas

Sandra Thomas

This study used the Interaction Model of Client Health Behavior (IMCHB) as a conceptual guide to explain the correlates of children's diet and physical activity and explore the relationships of sex with their diet and physical activity of the school-aged child. A descriptive correlational study was conducted on 371 fifth-grade students and their parents. Information on the family's demographics, health experience, social influence, and environmental resources was collected, as well as data on the children's intrinsic motivation, cognitive appraisal, and affective response to food/physical activity. Children's self-reports on diet and physical activity were collected, as were parents' self-reports on health …

Men's Health And Psychosocial Issues Affecting Men, Sandra Thomas

Sandra Thomas

Contemporary scholars are calling on men to rethink "the male deal." As Samuels describes it, "In the male deal, the little boy, at around the age of 3 or 4. strikes a bargain with the social world in which he lives. If he will turn away from soft things, feminine things, maternal things...then the world will reward his gender certainty by giving him all the goodies in its possession." But the "deal" can have damaging effects, as shown in the studies reviewed in this article. Clinicians can help men to rethink the restrictions of the "male deal" so that they …

School Connectedness, Anger Behaviors, And Relationships Of Violent And Nonviolent Youth, Sandra Thomas, H. Smith

Sandra Thomas

PROBLEM: Youth violence research often focuses on risk factors arising from early familial interactions rather than school-related factors. METHODS: Via an Internet questionnaire, 282 girls and boys (ages 7-19, mean 15.3) from 47 states and Washington, DC, reported on school connectedness, interpersonal relationships, and anger behaviors. FINDINGS: Substantial percentages of violent youth did not perceive themselves to be liked by classmates and reported loneliness. If not liked by classmates, 80% hated school. Likers and haters of school differed on seven variables (all p < or = .01). CONCLUSIONS: Insufficient attention is paid to the alienation experienced by disliked and lonely students. Mental health nurses could play a pivotal role in fostering change in the social climate of schools and helping youth to achieve better anger management and social skills.

Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz

Seymour H. Moskowitz

No abstract provided.

Scienter, Causation, And Harm: The Right-Hand Side Of The Constitutional Calculus, Wilson R. Huhn

Wilson R. Huhn

But, although the rights of free speech and assembly are fundamental, they are not in their nature absolute. Their exercise is subject to restriction, if the particular restriction proposed is required in order to protect the state from destruction or from serious injury, political, economic or moral.

Laws that infringe on freedom of expression, like all prohibitory laws, are enacted to prevent harm from occurring. The Supreme Court has refused to confer absolute protection upon freedom of expression, a position that would render all laws restricting expression unconstitutional. Instead, to determine the constitutionality of laws restricting expression, the Court has …

Assessing The Constitutionality Of Laws That Are Both Content Based And Content Neutral, Wilson R. Huhn

Wilson R. Huhn

Such a multi-faceted analysis cannot be conflated into two dimensions. Whatever the allure of absolute doctrines, it is just too simple to declare expression "protected" or "unprotected" or to proclaim a regulation "content-based" or "content-neutral." John Paul Stevens (1992)

American legal doctrine evolved from a formalistic categorical approach that dominated legal thinking during the nineteenth century to a realistic balancing approach that developed over the course of the twentieth century. A similar process is now occurring in the constitutional doctrine governing freedom of expression-a process that may culminate in the adoption of what United States Supreme Court Justice John Paul …

Selecting For A Diverse Public Health Workforce - Community Health Education Mph Program For Admissi, Edward M. Mamary

Edward M. Mamary

The population of California continues to become more diverse; it has become increasingly important for California universities to provide graduate education to underrepresented groups and to prepare culturally competent health educators whose skills are adapted to these dynamic demographic changes. This paper describes the graduate admissions requirements of the four California-based graduate programs in Community Health Education (CHE) accredited by the Council on Education for Public Health (CEPH ) and uses the graduate admissions process at San Jose State University as a case example for selecting a cohort that reflects the cultural and linguistic diversity of the state. The use …

Embodied Perceptual Practices: Towards An Embrained And Embodied Model Of Mind For Use In Actor Training And Rehearsal, Shannon Rose Riley

Shannon Rose Riley

No abstract provided.

One Mission, Five Facets: Literacy And International College Students, Deana Groves, Shiu Yue Mak

Deana Groves

Today’s University population looks very different from those in the past. Multiple cultures combine to make-up both student and faculty personnel. With this in mind the library and librarian's role to ensure quality service can take cues from five forms of literacy that reach well beyond information literacy. This poster will identify and discuss five facets of literacy in relation to the University international student: Information literacy, Reading literacy, Media literacy, Technology literacy, and Visual literacy.

A Review Of "Dido’S Daughters: Literacy, Gender, And Empire In Early Modern England And France" By Margaret W. Ferguson, Julie Campbell

Julie Campbell

No abstract provided.

If Not You, Who? Preparing All Teachers For All Learners, Mildred M. Pearson Dr.

Mildred M. Pearson Dr.

This paper was adapted from a speech presented at the Annual Association of Independent Liberal Arts Colleges for Teacher Education in Chicago, Illinois, during the spring 2004 conference. Dr. Pearson articulates the status of education, best teaching practices, teacher preparation, educational reform and instructional change for educating diverse learners in the new millennium. Strategies are offered for increasing awareness of academic achievement among minorities and methods for preparing all preservice teachers to teach all learners.

Growth Rates, Survivorship, And Sex Ratios Of Juniperus Virginiana On The New Jersey Piedmont From 1963 To 2000, James A. Quinn, Scott J. Meiners

Scott J. Meiners

Growth rates, survivorship, and sex ratios of Juniperus virginiana on the New Jersey Piedmont from 1963 to 2000. J. Torrey Bot. Soc. XXX:000–000. 20XX.—Studies of the growth, survival, and sex ratios of dioecious species have been predominantly short-term. This research investigated growth rates, survivorship, and sex ratios among cohorts of Juniperus virginiana L. from 1963 through 2000. Males (M) and females (F) in six old-fields of different ages on the New Jersey Piedmont were analyzed, starting with the initial data on height and sex expression collected by John Small on labeled recruits from 1963 through 1976. These plants were relocated …

Renesting Decisions And Annual Fecundity Of Female Dickcissels (Spiza Americana) In Illinois, Jeffery W. Walk, Kevin Wentworth, Eric L. Kershner, Eric K. Bollinger, Richard E. Warner

Eric K. Bollinger

T.-Renesting decisions and annual fecundity are crucial for interpreting other demographic information, yet are infrequently reported. We used radiotelemetry to monitor female Dickcissels (Spiza americana) throughout the 1999 and 2000 breeding seasons in south- eastern Illinois. Overall fecundity (regardless of whether females remained in the study area throughout the breeding season) was 0.61 ? 0.13 female fledglings per year. Of females that re- mained within the study area, 94% fledged young (1.25 ? 0.15 female fledglings per year). Most females (62%) that experienced nest failure emigrated from the study area (moved >10 km) in 2.8 ? 0.6 days; others (36%) …

Demographics And The Ecological Role Of The Channel Catfish (Ictalurus Punctatus) In Commercially Exploited And Unexploited Reaches Of The Wabash River With Implications For The Flathead Catfish (Pylodictis Olivaris), Robert E. Colombo

Robert E. Colombo

Catfish are a major component of the Wabash River fish assemblage and are commercially fished below river kilometer (Rkm) 500. From Rkm 322 through 499 the commercial fishery is subjected only to Indiana fishing regulations. In this reach of river, there is a 254-mm minimum total length limit on both sport and commercially harvested catfish. Below RM 322, the Wabash River forms the state boundary of Indiana and Illinois. In this region of river there are two different length limits on commercially harvested catfish with Indiana having a 254-mm length limit and Illinois having a 381-mm length limit. There is …

Film Review: Wedding Through Camera Eyes: A Trilogy Of Wedding Photography In Korea, Jinhee Lee

Jinhee Lee

No abstract provided.