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2005

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Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler Oct 2005

Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler

Articles

No abstract provided.


Perceived Health Benefit And Soy Consumption Behavior: Two Stage Decision Model Approach, Wanki Moon, Siva K. Balasubramanian, Arbindra Rimal Aug 2005

Perceived Health Benefit And Soy Consumption Behavior: Two Stage Decision Model Approach, Wanki Moon, Siva K. Balasubramanian, Arbindra Rimal

Articles

A two-stage decision model is developed to assess the effect of perceived soy health benefits on consumers' decisions with respect to soy food. The first stage captures whether or not to consume soy food, while the second stage reflects how often to consume. A conceptual/analytical framework is also employed, combining Lancaster's characteristics model and Fishbein's multi-attribute model. Results show that perceived soy health benefits significantly influence both decision stages. Further, consumers' negative perceptions regarding soy (unappetizing taste and inconvenience) have a substantially greater impact on soy consumption behavior than their perceptions about soy health benefits. This finding carries significant implications …


An Examination Of Ethical Issues Pertaining To Educational Research, Greg Gallagher May 2005

An Examination Of Ethical Issues Pertaining To Educational Research, Greg Gallagher

Articles

The social sciences in general and educational researchers in particular have become more and more conscious of ethical propriety and the need for universally acceptable codes of ethical conduct in recent years. This newfound interest stems in part from criticisms of innovative contemporary research methodologies, and the fear that they may be at odds with certain fundamental ethical principles. This, in turn, has resulted in the integrity and validity of some of these new contemporary styles of research being held up to scrutiny and debated by adherents to the more conventional research methodologies. This paper begins by tracing back to …


Developing A Participatory Consultation Process For Quality Reviews:The Initial Stage Of The European University Associations Quality Review Of The Technological University Dubin, Aidan Kenny May 2005

Developing A Participatory Consultation Process For Quality Reviews:The Initial Stage Of The European University Associations Quality Review Of The Technological University Dubin, Aidan Kenny

Articles

This paper describes the evolution of a consultation process utilized by the Technological University Dubin (DIT) as part of a quality review process. An emphasis is placed on outlining: the collaborative nature of the enquiry; the guidelines and code of ethics adopted; the social research methodology utilized both quantitative (online surveys, staff n=1831, student’s n=21094) and qualitative (6 staff focus groups n=45 and 4 stakeholder focus groups n=24 and faculty board submissions 6). Instrument construction, theme sheet design and sampling procedures and response rate are detailed. The author, as consultation facilitator, provides an narrative of events and applies theory to …


Researching From The Inside - Does It Compromise Validity? - A Discussion, Pauline Rooney May 2005

Researching From The Inside - Does It Compromise Validity? - A Discussion, Pauline Rooney

Articles

The concept of validity in social research is the subject of much debate. It is a complex and problematic issue, especially because it is difficult to define validity. In traditional studies, validity usually referred to the degree to which the study accurately reflected the issue or topic that the research was attempting to measure (Feldman 2003). More specifically, this type of validity also referred to the role of research instruments and their appropriateness for collecting data that answers the research questions (Black and Champion 1976). Such positivist accounts assumed that science could produce objective knowledge and thus the researcher's goal …


Is There A Need To Debate The Role Of Higher Education And The Public Good?, Sandra Fisher May 2005

Is There A Need To Debate The Role Of Higher Education And The Public Good?, Sandra Fisher

Articles

Calls for sustaining and increasing investment in higher education are often made on the basis that higher education is a `public good'. The idea of higher education as a public good is frequently conceptualized in terms of its contribution to economic development. If more people participate in higher education then society as a whole will benefit. Outside of the economic benefits of higher education there is less debate as to what is meant by `public good' in the context of higher education. This paper explores higher education as a public good and its role in realizing the public good (Jonathan …


The Value Of Institutions And The Values Of Free Speech, Dale Carpenter Jan 2005

The Value Of Institutions And The Values Of Free Speech, Dale Carpenter

Articles

Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …


From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt Jan 2005

From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt

Articles

The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …


Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone Jan 2005

Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone

Articles

No abstract provided.


Pets Or Meat, Mary Anne Case Jan 2005

Pets Or Meat, Mary Anne Case

Articles

No abstract provided.


Judicial Behavior And Performance: An Economic Approach, Richard A. Posner Jan 2005

Judicial Behavior And Performance: An Economic Approach, Richard A. Posner

Articles

No abstract provided.


Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg Jan 2005

Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg

Articles

No abstract provided.


Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams Jan 2005

Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams

Articles

No abstract provided.


Left Of The Dial: An Introduction To Underground Rock, 1980-2000, Cassie Wagner, Elizabeth Stephan Jan 2005

Left Of The Dial: An Introduction To Underground Rock, 1980-2000, Cassie Wagner, Elizabeth Stephan

Articles

This essay is a brief history of American underground/independent music from 1980 to 2000. The authors examine twenty-one of what they believe are the best and most influential bands of the period and provide an annotated list of representative recordings. These artists provide the inspiration and sonic blueprint for much of today’s cutting edge music. Even so, their recordings are often absent from library collections and many librarians and patrons are unfamiliar with them. The groups discussed are Bad Brains, Beat Happening, Big Black, Bikini Kill, Black Flag, Camper Van Beethoven, Dead Kennedys, Fugazi, Galaxie 500, Hüsker Dü, Melvins, Minor …


Playing A Double Game: Authorial Reading And The Ethics Of Interpretation, Peter J. Rabinowitz, Michael W. Smith Jan 2005

Playing A Double Game: Authorial Reading And The Ethics Of Interpretation, Peter J. Rabinowitz, Michael W. Smith

Articles

Students in English education typically have to live in (at least) two worlds: departments of English in which they receive their disciplinary training, and departments or schools or programs of education in which they work to develop the pedagogical content knowledge they need to teach in that discipline. Often those worlds are far apart. In this article, Michael Smith and Peter Rabinowitz, describe their own collaborative efforts as fruitful, mainly because of their differences. Smith is a Professor of Literacy Education, while Rabinowitz is a Professor of Comparative Literature. They share that they have always been able to work through …


The Case For The Legislative Override, Nicholas Stephanopoulos Jan 2005

The Case For The Legislative Override, Nicholas Stephanopoulos

Articles

What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the article explains which institutional and political contexts are hospitable to the override and …


Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase Jan 2005

Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase

Articles

This article examines the origins, purposes, evolution, and impact of Minnesota's pioneering sentencing guidelines reform. The Guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980, and so have Minnesota's reform goals. Most of these goals have been achieved: sentences are more uniform and proportionate; policy formulation is more systematic and informed by data; sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the Guidelines remain fairly simple to …


The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase Jan 2005

The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase

Articles

No abstract provided.


Viewing September 11 Through The Lens Of History, Carol L. Chomsky Jan 2005

Viewing September 11 Through The Lens Of History, Carol L. Chomsky

Articles

No abstract provided.


Intimacy And Economic Exchange, Jill Elaine Hasday Jan 2005

Intimacy And Economic Exchange, Jill Elaine Hasday

Articles

The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships. The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …


State Interests In Marriage, Interstate Recognition, And Choice Of Law, Brian H. Bix Jan 2005

State Interests In Marriage, Interstate Recognition, And Choice Of Law, Brian H. Bix

Articles

One of the great complications of the current marriage debates is the way that federalism and conflict of law issues interact - both at the level of principle and constitutional doctrine - in the area of marriage and divorce. This article begins by looking at federalism in the context of domestic relations at a general level. It then considers how current family law rules and constitutional constraints complicate the analysis. Finally, it considers the way in which recognizing party choice of law might respond to some, but by no means all, of the problems in the area.


Ethics Of Data Mining, Jack Cook Jan 2005

Ethics Of Data Mining, Jack Cook

Articles

Decision makers thirst for answers to questions. As more data is gathered, more questions are posed. Which customers are most likely to respond positively to a marketing campaign, product price change or new product offering? How will the competition react? Which loan applicants are most likely or least likely to default? The ability raise questions, even those that cannot currently be answered, is a characteristic of a good decision maker. Decision makers no longer have the luxury of making decisions based on gut feel or intuition. Decisions must be supported by data; otherwise decision makers can expect to be questioned …


Emerging Technologies And The Future Of The Accounting Profession, Thomas Tribunella, M. Pamela Neely, Heidi Tribunella Jan 2005

Emerging Technologies And The Future Of The Accounting Profession, Thomas Tribunella, M. Pamela Neely, Heidi Tribunella

Articles

In this paper we investigate the differences between practitioner and academic interests in emerging technologies. We compare and contrast the results of a faculty survey to the AICPA's Top Technology list. It appears that academics and practitioners have significantly different interests concerning emerging technologies. Furthermore, technology interests for both groups change over time. We then discuss the problems that arise from the differing points of view and suggest some possible solutions.


Dollars And Death, Eric A. Posner, Cass R. Sunstein Jan 2005

Dollars And Death, Eric A. Posner, Cass R. Sunstein

Articles

No abstract provided.


Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha Jan 2005

Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha

Articles

No abstract provided.


The Influence Of F.A. Hayek On Law: An Empirical Analysis, M. Todd Henderson Jan 2005

The Influence Of F.A. Hayek On Law: An Empirical Analysis, M. Todd Henderson

Articles

No abstract provided.


Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill Jan 2005

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

Articles

No abstract provided.


The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer Jan 2005

The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer

Articles

In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …


The Impact Of Cultural Diversity On Web Site Design, Jack Cook, Mike Finlayson Jan 2005

The Impact Of Cultural Diversity On Web Site Design, Jack Cook, Mike Finlayson

Articles

Close your eyes. Envision a succulent two-inch slab of dripping-rare prime rib. Is your stomach rumbling, your appetite peaked, or are you offended since your fundamental belief system precludes harming animals? A single image or idea can create many diferent feelings or interpretations. Consider the diversity within your own organization, campus, or community. Does everyone agree on what is appropriate, acceptable, appetizing, or attractive? An image pleasing to one group of people may alienate or even seriously offend many others. Something as simple as color may elicit dramatically different mental images. For example, in the U.S., white is generally associated …


The Current Landscape Of Race: Old Targets, New Opportunities 2006 Survey Of Books Relating To The Law - Part Ii: Critical Race Theory & Constitutional Law, Richard Delgado Jan 2005

The Current Landscape Of Race: Old Targets, New Opportunities 2006 Survey Of Books Relating To The Law - Part Ii: Critical Race Theory & Constitutional Law, Richard Delgado

Articles

No abstract provided.