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Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Bloomin’ Buzzin’ Confusion: Facts and Meaning In Adjudication and Mediation ABSTRACT Any methodology, model, or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of William James, a “bloomin’ buzzin’ confusion.” Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant “facts” through a specific mechanism: …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Bloomin’ Buzzin’ Confusion: Facts and Meaning In Adjudication and Mediation ABSTRACT Any methodology, model, or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of William James, a “bloomin’ buzzin’ confusion.” Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant “facts” through a specific mechanism: …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Any methodology, model or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of Williams James, a "bloomin' buzzin' confusion." Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant "facts" through a specific mechanism: preexisting substantive rules define what matters and procedural rules exclude what …
Reorienting The Trainer To Navigate--Not Negotiate--Islamic Cultural Values, Phyllis Bernard
Reorienting The Trainer To Navigate--Not Negotiate--Islamic Cultural Values, Phyllis Bernard
Phyllis E. Bernard
No abstract provided.
The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson
The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson
Richard Peterson
For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does …