Digital Commons Network^™

Expectations Of Executive Mbas, Ernest A. Capozzoli, David E. Gundersen

Faculty Publications

Currently there are over 200 EMBA programs worldwide. These programs have grown in popularity and have increased by over a third in the last three years. Overall, schools are aggressively marketing their EMBA programs, and, as a consequence, prospective EMBA participants have numerous options for EMBA program enrollment. To successfully compete in the current environment, EMBA programs must understand and market to the expectations of prospective EMBAs. This paper explores the suitability of using the Teaching Goals Inventory (TGI) developed by Angelo and Cross (1993) as an instrument to analyze the expectations of EMBA candidates in the United States and …

Outsourcing The Human Resource Function: Environmental And Organizational Characteristics That Affect Hr Performance, J. D. Lilly, D. A. Gray, Meghna Virick

Faculty Publications

A theoretical model is presented that identifies environmental and organizational characteristics that affect human resource (HR) performance in an organization. Specifically, we address the issue of when and under what circumstances does HR outsourcing contribute value to the firm by attempting to identify environmental and organizational characteristics that affect HR department performance and how HR outsourcing mediates that relationship. We propose that supplier competition in the HR provider market has a direct effect on the amount of HR outsourcing which in turn has a direct effect on HR performance. Environmental uncertainty (primary, competitive, and supplier) is proposed to moderate the …

Eating, Drinking, Sending: Reflections On The Juxtaposition Of Law And Event In The Eucharist, Dirk G. Lange

Faculty Publications

No abstract provided.

Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno

Faculty Publications

No abstract provided.

Cheers, Profanity, And Free Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.

Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page

Faculty Publications

No abstract provided.

Racial And Ethnic Attitudes And Individual Relatedness Among Greek-Americans, Constantine P. Danopoulos, Anna Karpathakis

Faculty Publications

The article looks at the self-identity of Greek immigrants in the U.S. and incorporation of American racial ideologies into their racial repertoires. It recognizes Greek Americans for creating a national and racial framework that blends elements of both home and host society institutions and ideologies. It recalls the arrival of thousands of Greek immigrants in the U.S. in the 20th century. The increasing inter-marriage rates between Greek immigrants and Greek Americans are also noted.

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Baidoe Ansah

Faculty Publications

This article's point of departure is the US's war against Iraq, which was begun in 2003 under various rationales - political, legal, and moral. As the legal and political justifications fell away or were cast into question, the moral became the primary reason for going to war. The justifications were, however, construed in religious language. For many, this "return" of religion within US foreign policy seemed particular to the Bush Administration. Others have argued that the turn to religion in time of war is nothing new. Nevertheless, the war and its justifications made me wonder about the nature of public …

Leadership, Collective Personality, And Performance, David A. Hofmann, Lisa Jones Christensen

Faculty Publications

By viewing behavior regularities at the individual and collective level as functionally isomorphic, a referent-shift compositional model for the Big 5 personality dimensions is developed. On the basis of this compositional model, a common measure of Big 5 personality at the individual level is applied to the collective as a whole. Within this framework, it is also hypothesized that leadership (i.e., transformational, transactional, and passive) would predict collective personality and that collective personality would be significantly related to collective performance. The results supported these hypotheses using a sample of franchised units. On the basis of recent research at the individual …

The Integration Of Spiritual And Religious Issues In Racial-Cultural Psychology And Counseling., Timothy B. Smith, P Scott Richards

Faculty Publications

A new movement has begun. Spirituality and religion are being integrated into racial-cultural psychology and counseling. This chapter will review the literature that is the basis of that movement. We first describe the historical forces alluded to by Trimble (2000) that until only recently have minimized the relevance of religion and spirituality to psychological research and practice. We then summarize the potential benefits and concerns about incorporating spiritual and religious perspectives into research and practice that have been suggested in publications of the past 30 years. To demonstrate that religion and spirituality are central to racial-cultural psychology and counseling, literature …

A Unified Design Framework For Learning Objects And Educational Discourse, David Wiley, Sandie Waters

Faculty Publications

Instructional design is largely a matter of scope and sequence, and designing instruction with learning objections is no exception. Traditionally, learning objects are considered atomic units of educational content, and designing instruction with learning objects means scoping instructional messages and determining sequences for delivering the messages. We argue that instructional methods that rely heavily on social interaction can be implemented with learning objects when these are understood to be reusable scaffolds for scoping and sequencing what learners say to each other during instructional interactions.

Five Powerful Practices For Using Technology To Enhance Teaching And Learning In Higher Education, Charles R. Graham, Richard E. West

Faculty Publications

This presentation reports the findings from our investigation of the professors designated as the most innovative users of technology at our university. After seeking nominations from department heads, we selected thirty-five of the most successful and innovative professors as case studies. After interviewing these cases, and in some instances observing their classes, we identified five major patterns that represented the positive impacts technology was having on their instruction. These patterns were evident in several cases across many different disciplines, indicating they might be generalizable to many different situations and contexts. In our interviews, we identified what technologies these professors were …

Defining Judicial Inactivism: Models Of Adjudication And The Duty To Decide, Chad M. Oldfather

Faculty Publications

Debates over the proper function of courts tend to focus on delineating the outer limits of judicial authority. One of the primary concerns in these debates is the phenomenon often described as judicial activism. Although there is no fixed notion of precisely what constitutes judicial activism, the core idea is a concern about judges overstepping the bounds of their role, and somehow or other doing more than is proper.

What might be characterized as judicial inactivism, in contrast, has generally been overlooked. This is somewhat curious. Underlying concern about judicial inactivism is a recognition of the possibility that judges might …

The Myth Of Uniformity, Michael M. O'Hear

Faculty Publications

No abstract provided.

Jefferson And Juries: The Problem Of Law, Reason, And Politics In The New Republic, Daniel D. Blinka

Faculty Publications

No abstract provided.

At The Crossroads Of Title Ix And A New "Idea": Why Bullying Need Not Be "A Normal Part Of Growing Up" For Special Education Children, Paul M. Secunda

Faculty Publications

In 21st century America, bullying of children by other children at school continues at epidemic levels. Organizations as diverse as the Department of Health and Human Services (through the National Institutes of Health and Health Resources and Services Administration (HRSA)), the National Crime Prevention Council, the National Youth Violence Prevention Resource Center, and the National Education Association, have all targeted school bullying and its consequences in various initiatives and campaigns over the last several years. These organizations argue that if schools and parents do not properly intervene to prevent bullying, the long-term ramifications for both the bully and the bullied …

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …

Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams

Faculty Publications

This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.

Corporate Governance: Still Broke, No Fix In Sight, George W. Dent

Faculty Publications

Dissatisfaction with the governance of public companies is as old as the public company itself, but public concern about corporate governance is spasmodic. Prior reforms did not cure the ills of corporate governance, and there is little reason to think that the recent spate of reforms will be any more effective. The fundamental problem of corporate governance remains what it has always been: the separation of ownership and control. No reform can succeed unless it overcomes this contradiction. Corporate executives determined to preserve their privileges and a number of scholars deny this claim; in effect, these Panglosses consider the status …

Race, Trust, Altruism, And Reciprocity, George W. Dent

Faculty Publications

Trust, altruism and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of "rational" human selfishness predict. These findings inspired social scientists to discover what factors promote or hinder cooperation. Legal scholars have employed this learning to determine how the law does or could facilitate or discourage cooperation in many contexts, including business transactions and the workplace. The influence of race on cooperation has been studied in specific areas, but so far no one has considered how the …

Examining Compliance With Fiduciary Duties: A Study Of Real Estate Agents (With V. Carlos Slawson Jr.), Royce De R. Barondes, Carlos V. Slawson Jr.

Faculty Publications

The traditional default rule in the United States has been that, where two brokerage firms participate in the sale of a piece residential real estate, both firms are fiduciaries of the seller. This article provides original empirical evidence showing to be erroneous a common assumption - that, in conflicts between their principals and third parties, real estate agents promote their principals' interests - underlying revisions made in a number of jurisdictions to those principles in the last twenty years. This article examines whether agents act in accordance with their duties along two dimensions: First, we hypothesize that selling agents may …

Fear And Loathing In Constitutional Decision-Making, Christina E. Wells

Faculty Publications

National security crises are particularly difficult on the judiciary. Faced with a threat to the country's integrity, such cases require judges rationally and fairly to weigh this hefty interest against the rights of persons suspected of posing that very threat. Not surprisingly, judges have rarely lived up to this task as many have fallen sway to the same fear and prejudice that gripped the county during these times. Scholars have written extensively about judicial capitulation to fear and prejudice in such well-known cases as Schenck v. United States, Korematsu v. United States, and Dennis v. United States, with some lamenting …

Speech Showdowns At The Virtual Corral, Eric Goldman

Faculty Publications

INTRODUCTION

This article considers the tension between free speech rights and private property/contract rights. Neither free speech rights nor private property and contract rights are absolute. Where they intersect in the physical world, confusing legal doctrines usually emerge, such as the U.S. Supreme Court cases addressing private speech at privately owned company towns and shopping centers. Though a bright-line rule has emerged-the First Amendment pertains only to stateactors-the rule provides little prospective guidance because private actors can be characterized as state actors in some circumstances.

In the online world, the speech/rights dichotomy also raises complex issues. Online private actors routinely …

The Challenges Of Regulating Warez Trading, Eric Goldman

Faculty Publications

This short essay analyzes the policy challenges of legally conforming the behavior of warez traders. The essay discusses the motivations for warez trading, how criminalizing the behavior may counterproductively encourage it, and why legislators and prosecutors continue to target warez trading despite the counterproductive effects.

Professional Responsibility Redesigned: Sparking A Dialogue Between Students And The Bar, Lois R. Lupica

Faculty Publications

In recent years, there have been many public and private, formal and informal complaints about the behavior of lawyers. Moreover, lawyers' tenuous reputation for honesty and integrity has been tarnished by recent, well-publicized scandals. The public, as well as members of the bench and bar, have further decried a decline in attorney professionalism. More than once, it has been suggested that in some way, failings of law schools are to blame. In response to these observations about the professional behavior of lawyers and as a result of the author's experiences of teaching a traditional, Socratic-method Professional Responsibility class for many …

She Speaks As One Having Authority”: Mary E. Downey’S Use Of Libraries As A Means To Public Power, Suzanne Marie Stauffer

Faculty Publications

No abstract provided.

Deregulating Relevancy In Internet Trademark Law, Eric Goldman

Faculty Publications

Emerging trademark law doctrines have allowed trademark owners to excise socially beneficial content and to take unprecedented control over their channels of distribution. Without limits, trademark law has the capacity to counterproductively destroy the Internet's utility for everyone.

Part I of the Article provides a brief overview of the Internet search process. Parts II-IV consider Internet search from three perspectives. Part II considers Internet search from the searcher's perspective, concluding that one cannot infer searchers' objectives from the keywords they choose. Part II considers Internet search from the web publisher's perspective. Part IV considers Internet search from the search provider's …

A Half-Century Since Brown: The Legal Academy's Views Of Racism, Patrick Garry

Faculty Publications

No abstract provided.

Next Step In Diversity: Extending The Logic Of Grutter V. Bollinger To Faculty Tenure, Patrick Garry

Faculty Publications

No abstract provided.

Confronting The Changed Circumstances Of Free Speech In A Media Society, Patrick Garry

Faculty Publications

No abstract provided.