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A Humanistic Perspective In Legal Education, James R. Elkins

Nebraska Law Review

I. Introduction

II. A Historical Perspective … A. The Social Critique … B. The Subjective Personalistic Dimension of the Humanistic Perspective … C. The Psychological Formalities of the Humanistic Perspective

III. The Narrow “Bound” World of Legal Education

IV. The Transformative Nature of Professional Socialization … A. Focusing on the Person … B. Focusing on the Situation … C. Discovering Ourselves as Teachers

V. Conclusion

Why Not Beyond A Reasonable Doubt? Santosky V. Kramer, 102 S. Ct. 1388 (1982), Patricia J. Falk

Nebraska Law Review

In the past two decades, the area of family law has become increasingly infused with federal constitutional principles. Prior to this period, two factors—the fact that "family rights" are not explicitly mentioned in the Constitution and the tenth amendment's residuary power clause—combined to leave the area of family law under the exclusive jurisdiction of the states, with constitutional protections thought to be inappropriate if not inapplicable. Today, the clear trend has been in the direction of an increasing recognition and protection of family rights under the Constitution. This protection has taken two distinct but at times related forms: equal protection …

Indexes To Volume 62

Nebraska Law Review

No abstract provided.

The Rhetorical Theories Of Malebranche: Persuasion Through Imitation Or Attention?, Thomas M. Carr Jr.

French Language and Literature Papers

France's most prominent philosopher of the second half of the seventeenth century is reputed to be no friend of rhetoric. Bernard Tocanne declares, "C'est chez Malebranche que se mettent en place tous les arguments mis en oeuvre par les adversaires de la rhétorique à la fin du siècle," and Peter France calls him "a philosopher who had no love for rhetoric." The basis of such judgments is the Oratorian's attacks in the Recherche de la vérité (1674) against the use of the imagination and passions in the eloquence of Tertullian, Seneca, and Montaigne. Malebranche's critique is symptomatic of the legacy …

The Relative Contribution To Meaning Of Verbal And Nonverbal Channels Of Communication: A Meta-Analysis, Jeffrey S. Philpott

Department of Communication Studies: Dissertations, Theses, and Student Research

The current study is grounded in the psychological approaches to the mechanics of communication, somewhere between cybernetics and attribution.

The integration of information available in different channels is the focus of the present study. To what extent do people rely on the different channels of communication to assign meaning to their world? More specifically, what is the relative importance of the verbal and nonverbal channels of communication in the meaning creation process?

This question of channel reliance is of central import to the study of the role of information in social/psychological systems. If it can be assumed that meaning is …

The Social Context Of Pedestrians’ Rights, Michael R. Hill

Department of Sociology: Faculty Publications

Pedestrians' rights are now problematic only as a result of the relatively recent socio-technological development of motor vehicles and their widespread socioeconomic adoption as a transportation mode. Prior to the advent of motor vehicles, the “pedestrian problem” as we know it today did not exist, This is not because pedestrians did not exist, but because it was not yet politically necessary to define pedestrians and their behavior as a “Problem”. To drive home the point, a survey of state statutes in this country reveals that the legal definition of a “pedestrian” is uniformly found within the Motor Vehicle Code of …

Review Of Contexts Of Behavior: Anthropological Dimensions, By Robert J. Maxwell, Michael R. Hill

Department of Sociology: Faculty Publications

This book is a massive disappointment. The well-designed dust jacket indicates that Maxwell, "Describes the interaction between humans and their environments, drawing upon a wide range of ethological and anthropological research to form a comprehensive, integrated picture of human cultural ecology." This is only partially true. Maxwell describes a substantial amount of research, but his review is neither comprehensive nor well-integrated.

Maxwell throws out a bibliographic fishing net and cleans his variegated catch in slip-shod fashion. Unfortunately, his net also has gaping, unexplained holes. The best that one can say about this book is that the bibliography would have been …

Linguistic Competence, John Tienson

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

The notion of linguistic competence as a cognitive system that produces knowledge not antecedently present in the mind of the subject, e.g., knowledge of grammatical relations in response to certain stimuli is an important contribution to philosophical understanding of linguistics, and of cognitive psychology in general. This notion has not been as well received as it should have been, in part because of certain false things that have been said about it. In particular, it has been said that a grammar of a language, conceived as a theory of linguistic competence, is an idealization, and that speakers know the …

Transactions Of The Nebraska Academy Of Sciences Volume Xi (1983): Table Of Contents

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Nebraska Academy of Sciences, Officers, Policy Committee .......... ii

Editorial Board, Instructions to Contributors .......... v

Membership Objectives and Friends of the Academy .......... vi

Science and society: The Gustavson Memorial Lectures (J. R. Girton) .......... 1

The relationship of science to the North-South dialogue (W. N. Hubbard, Jr.) .......... 3

Anthropology

Inclusive fitness and the practice of polyandry among the Skidi Pawnee ( T. E. McGinnis) .......... 9

American Indian artifacts from the Kansas River (R. A. Rogers and L. D. Martin) .......... 13

Biological and Medical Sciences

An analysis of the vegetation and flora of field-edges and roadsides …

Optimal Foraging Theory And The Psychology Of Learning, Alan Kamil

Avian Cognition Papers

The development of optimization theory has made important contributions to the study of animal behavior. But the optimization approach needs to be integrated with other methods of ethology and psychology. For example, the ability to learn is an important component of efficient foraging behavior in many species, and the psychology of animal learning could contribute substantially to testing and extending the predictions of optimal foraging theory.

Visual Search And Selection Of Natural Stimuli In The Pigeon: The Attention Threshold Hypothesis, Alan B. Bond

Papers in Behavior in Biological Sciences

During visual search for samples of varying proportions of familiar, natural food grains displayed against a complex gravel background, pigeons exhibited “matching selection,” a tendency to overselect the more common grain. The matching selection effect was decreased at low levels of stimulus/background contrast and reversed when the grains were highly conspicuous. The results were consistent with the hypothesis that stimulus detectability should be enhanced by recent experience with a particular grain type, but they showed no convincing indications of a corresponding effect on the response criterion. An explanatory model, termed the attention threshold hypothesis, argues that the mean latency of …

Table Of Contents, Vol. 62, No. 3

Nebraska Law Review

No abstract provided.

Drugs During Pregnancy: Dangerous Business—The Continued Movement To Provide Adequate Warnings For The Consumer, David Detar Newbert

Nebraska Law Review

Recently, the United States Food and Drug Administration amended its general drug labeling provisions to include warnings on numerous over-the-counter drugs. These changes are directed at protecting consumers who are either pregnant or nursing their infants. As a result, manufacturers of thousands of over-the-counter drug products have until December 5, 1983, to comply with the new labeling requirements. This Comment briefly reviews the scientific information that led to the new labeling requirements and gives a historical perspective of the government's role in protecting the American consumer from dangerous drugs. It also explores the drug manufacturer's role in the entire process …

Minors And Privacy: Are Legal And Psychological Concepts Compatible?, Gary B. Melton

Nebraska Law Review

With the development of environmental psychology, psychologists have paid increasing attention to the importance of privacy and the means of attaining it. At the same time, however, there has been minimal consideration given to the potential integration of new literature on the topic with legal doctrines related to privacy rights. This article is intended to facilitate such an integration with respect to the privacy interests of minors. Such an emphasis is particularly timely in view of contemporary efforts to explore the psychological assumptions underlying legal and philosophical analyses of the nature of children's rights. The cases reviewed in this article …

Hispanic Women: Schooling For Conformity In Public Education, Helen A. Moore

Department of Sociology: Faculty Publications

The educational experiences of Latinas are tied to norms of an Anglocentric and androcentric school system. Based on a sample of 1,000 male and female Hispanic and Anglo elementary school students, we analyze teacher expectations for three dimensions: behavioral, social and academic achievements. Teachers do rate Hispanic females as more conforming to the behavioral norms of the school. Regression analyses indicate that higher teacher ratings are assigned to Hispanic females who combine high academic scores with low scores on behavioral conformity norms. These findings indicate that teachers reward assertiveness, leadership and action when considering future student success. The dilemmas of …

The Desegregated School And Status Relationships Among Anglo And Hispanic Students, Peter Iadicola, Helen A. Moore

Department of Sociology: Faculty Publications

Desgregated elementary school students display verbal and non-verbal indicators of status relationships in a structured, videotaped interaction game.  Both Hispanic and Anglo third grade student responses are analyzed across ten schools for a case study of factors that influence racial/ethnic integration outcomes.  Variance in student outcomes are primarily explained by socioeconomic dimensions of the schools.   These findings suggest that school desegregation poses a contradiction for Hispanic students.

Editorial Matter 1983

To Improve the Academy: A Journal of Educational Development

Foreword

Table of Contents

An Individualized Teaching Approach: "Audio-Tutorial", Robert K. Snortland

To Improve the Academy: A Journal of Educational Development

Background

L-L Graphics and A-T Graphics Compared

Results

Economic Analysis

Conclusions

Equity And Collaboration: The Move From Women's Issues Toward Gender Issues In Higher Education, Susanne W. Whitcomb, David B. Whitcomb

To Improve the Academy: A Journal of Educational Development

Women's Issues in Retrospect

Barriers to Equity

Progress Toward Equity and Collaboration

The Next Step

Conclusion

Bibliography

Social Desirability Response Effects: Three Alternative Models, Daniel C. Ganster, Harry W. Hennessey, Fred Luthans

Department of Management: Faculty Publications

Three models are developed for the effects of social desirability (SD) on organizational behavior research results. SD can act as (a) an unmeasured variable that produces spurious correlations between study variables, (b) a suppressor variable that hides relationships, or (c) a moderator variable that conditions the relationship between two other variable.

Theories Of Piaget, Who Died This Month, Inspire Growing Band Of U.S. Professors, Robert L. Jacobson

ADAPT Program: Essays

The death of Jean Piaget this month at the age of 84 came at a time when the Swiss psychologist's theories of cognitive development were inspiring a small but growing number of innovative instructional programs in American colleges and universities. Most were started within the past few years and have yet to produce much hard evidence of their effectiveness. But participating faculty members say they are excited about what has been happening in their classrooms.

"Piagetian-based instruction," they say, offers many potential advantages over traditional methods: It facilitates communication, improves students' reasoning ability and academic achievement, boosts their self-confidence and …

Epilogue: The Man Who Made The World Safe For Epistemology

ADAPT Program: Essays

. . . I turned to Piaget. "Have you anything to say to the Nebraska populace?"

Piaget tipped his beret, toked briefly, and stepped to the waiting microphone. "My dear fellow-knowers: Let me just remind you once again that the pyramid of knowledge neither rests on its base of data nor hangs from its vertex of theory but rather floats in midair in an ever-expanding dynamic equilibrium."

The crowd roared, cheered, and burst into song: . . .

Chapter 14: Personal-Emotional Development In Adapt, Vernon Williams

ADAPT Program: Essays

From its inception theorists in the student development field have written about developing the whole student. As time passed, we became increasingly aware of the vastness of our ignorance regarding how to enhance that development. Beginning in the early sixties, this knowledge gap began to be filled. Theorists such as Keniston (1965), Astin (1969), Sanford (1966), Chickering (1969), Roy Heath (1958), and Douglas Heath (1968) contributed to this knowledge. Recently Perry (1970) has had a large influence on student development theory. Loevinger (1976) has produced a new work extending her theory significantly. That addition enhances the value of her theory …

Chapter 13: Adapt: The First Five Years, David Moshman, Susan Johnston, Carol Tomlinson-Keasey, Vernon Williams, Debra Eisert

ADAPT Program: Essays

The ADAPT program has, throughout its brief history, been subjected to continuing evaluation, both to assess its effectiveness in meeting its objectives and to get the sort of ongoing feedback necessary for the program itself to continue developing. These evaluations have ranged from formal, objective comparisons, on a variety of measures, of ADAPT students with one or more groups of control students not involved in the program to more informal and subjective observations of classroom activities, analysis of written assignments, and interviews with students. Detailed reports of these evaluations are available elsewhere, e.g. (Johnson & Moshman, 1980, Sheldon, 1978; Tomlinson-Keasey, …

Chapter 15: Adapt Faculty: Who Are They?, Robert Fuller

ADAPT Program: Essays

You have had a chance to read about the ADAPT program. The presentations in this book are as varied as the styles of the people who participated in the ADAPT project. Amidst all of this variety of information, you may be wondering just what the essential features of the ADAPT program really are. Is it essential to have six different disciplines in the program? Does it make any difference which six disciplines you choose? Do evaluating psychologists play a key role in such a project? There are, I believe, two necessary conditions for starting an ADAPT-type program: a first-rate, tenured …

Chapter 12: Piaget And Social Problems, H. Jay Corzine

ADAPT Program: Essays

Although the attention given to problems of teaching sociology greatly increased during the 1970's, the implications of Piaget's ideas for college level instruction remained unexplored by most sociologists. In 1978, only one of twenty-five articles published in Teaching Sociology, the discipline's only journal devoted to teaching-related issues, contained references to Piaget's work. Thus, the social problems course offered through the ADAPT program during the 1980 spring semester represents one of the few attempts to apply Piaget to teaching sociology in a university classroom.

Recent developments in social problems theory (Spector and Kitsuse, 1977) are complementary to the constructivist epistemology underlying …

Chapter 16: The Adapt Workshop And Its Legends, Robert Fuller

ADAPT Program: Essays

Almost from its beginning, the ADAPT project had faculty development workshops as one of its products. Early in the ADAPT project the staff agreed that ADAPT was not a set of curricular materials to be developed and marketed. Rather the ADAPT faculty saw the insights gained from Piaget’s work as a different way of understanding college teaching. This understanding may manifest itself in active learning classroom exercises based on the Learning Cycle. Perhaps, more importantly, the constructivism of Piaget transforms the mission of the college teacher and it provides clues to proper teaching behaviors. The best way to share the …

Chapter 9: Development And Learning: Complementary Or Conflicting Aims In Humanities Education?, Robert D. Narveson

ADAPT Program: Essays

It will be clear from these sketchy examples that working out some of the implications of Piagetian theory for an educational program such as ours offers us a continuing challenge. The theory perhaps does more to console us for some of our failures as teachers than to tell us how our failures may be overcome, for if the fault is in the developmental level that our students have attained, then the fault is not in us. Our teaching, Piaget tells us, can play a role in fostering development, but only a fairly limited role. On the other hand if we …

Chapter 10: Piaget And Teaching Composition, Robert F. Bergstrom

ADAPT Program: Essays

As someone who teaches composition regularly and who is always aware of and interested in his students' writing, I have come to think that the most serious problem students have with their writing is a general inability to structure their thoughts with logical clarity and rhetorical skill. Not commas or parallel structure or sentence fragments. Organization. I have written notes to students by the hundreds about this problem, and sometimes the papers come back to me with a much clearer organizational pattern. All too often, however, they are returned lovingly with the commas in the right places, a one-sentence opening …

Chapter 6: Piaget And Learning Economics, Jerry L. Petr

ADAPT Program: Essays

There are times when teachers of economics encounter unexpected responses to economics questions asked of students. Some of the unexpected responses which I have received are reproduced below and are worth rather careful consideration.