Digital Commons Network^™

Troubling Our Heads About Ichabod: "The Legend Of Sleepy Hollow," Classic American Literature, And The Sexual Politics Of Homosocial Brotherhood, David Greven

Faculty Publications

No abstract provided.

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

Faculty Publications

No abstract provided.

Defining Speech In An Entertainment Age: The Case Of First Amendment Protection For Video Games, Patrick Garry

Faculty Publications

No abstract provided.

An Inequality Among Equals: Disparities In The Judicial Treatment Of Free Speech And Religious Exercise Claims, Patrick Garry

Faculty Publications

The constitutional models governing the religion clauses of the First Amendment have undergone significant transformations. These transformations have sought to bring a greater consistency and historical harmony to the Court's religious liberty decisions. The success of this endeavor can be gauged in part by comparing the judicial treatment of religion clause claims with free speech claims. However, such a comparison reveals that the former occupy a lower constitutional status than do the latter.

Genung’S Theory Of Persuasion: A Literary Theory Of Oratory Of Late Nineteenth-Century America, William D. Harpine

Faculty Publications

John Genung’s late nineteenth century rhetoric textbooks, although founded on an eighteenth century model of Scottish composition, present an original conception of oratory. Genung’s theory breaks free of the classical models and lays out the path to be followed during the development of speech studies among American rhetoricians of the early twentieth century.

What Do You Mean, Rhetoric Is Epistemic?, William D. Harpine

Faculty Publications

The thesis that rhetoric is epistemic has gained widespread acceptance and has influenced rhetorical theory. The thesis suggests that argumentative justification in rhetorical contexts is fundamentally epistemic. Unfortunately, however, much of the literature developing the thesis has employed vague or inconsistent definitions of key terms, resulting in theoretical errors and needless complications. This essay clarifies the definitions of “rhetoric,” “knowledge,” and “certainty,” showing how the notion that rhetoric is epistemic might be developed in a clearer and more useful way.

Whence Garch? A Preference-Based Explanation For Conditional Volatility, Grant Mcqueen, Keith Vorkink

Faculty Publications

We develop a preference-based equilibriumasset pricing model that explains low frequency conditional volatility. Similar to Barberis, Huang, and Santos (2001), agents in our model care about wealth changes, experience loss aversion, and keep a mental scorecard that a¤ects their level of risk aversion. A new feature of our model is that when perturbed by unexpected returns, investors become temporarily more sensitive to news. Gradually, investors become accustomed to the new level of wealth, restoring prior levels of risk aversion and news sensitivity. The state-dependent sensitivity to news creates the type of volatility clustering found in low frequency stock returns. We …

Reevaluating Course Completion In Distance Education—Avoiding The Comparison Between Apples And Oranges, Scott L. Howell, R. Dwight Laws, Nathan K. Lindsay

Faculty Publications

Critics of distance education frequently assert that completion rates are lower in distance education courses than in traditional courses. Such criticism comes despite sparse and inconclusive research on completion rates for distance and traditional education courses. This article reviews some of the existing research and then describes some of the caveats and complexities in comparing completion rates in traditional and distance education. Analysis reveals that numerous factors make comparison between these two formats difficult, if not impossible. Problems include limitations in the research design itself, differences in student demographics, and inconsistent methods of calculating and reporting completion. After exploring these …

Context Of Learning And Second Language Fluency In French: Comparing Regular Classroom, Study Abroad And Intensive Domestic Immersion Programs, Barbara F. Freed, Norman Segalowitz, Dan Dewey

Faculty Publications

We compared the acquisition of various dimensions of fluency by 28 students of French studying in three different learning contexts: formal language classrooms in an at home (AH) institution, an intensive summer immersion (IM) program, and a study abroad (SA) setting. For the purpose of oral data collection, students participated in oral interviews (similar to the Oral Proficiency Interview) at the beginning and the end of the semester and provided information regarding language use and interactions. Analyses included comparisons of gain scores as a function of the learning context and as a function of the time reported using French outside …

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Faculty Publications

It has been said that Filártiga v. Pena-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Filártiga presents one of those rare “breakthrough moments” in law. In Filártiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Statute (ATS). Filártiga thus inaugurated a steady line of cases in U.S. courts invoking the ATS and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as a …

The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn

Faculty Publications

The definition of "disability" is among the most frequently litigated issues under the Americans with Disabilities Act ("ADA") because the statute protects only individuals with disabilities. The ADA defines a disability, in part, as an impairment that substantially limits a major life activity, and the EEOC has issued a regulation further defining the term "substantially limits" for purposes of the Act's employment-related provisions. Although the EEOC's regulation is the product of a valid rulemaking process and is entitled to a high degree of deference under settled administrative law principles, the Supreme Court, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, …

Content Analysis Of The Leading General Academic Databases, Kelly D. Blessinger, Maureen Olle-Lajoie

Faculty Publications

Title lists from the three leading general academic databases were compared to evaluate journal content. Some of the elements that were analyzed include subject coverage, the quality of titles provided, accessibility issues, and trends over time for these databases. While database title lists are now readily available on the Internet for comparison, as our article illustrates, these lists need further evaluation for proper assessment.

Enchantment With Tibetan Lamas In The United States, Daniel S. Capper

Faculty Publications

This article explores the relationships of non-Tibetan American disciples with Tibetan spiritual teachers (lamas) in terms of theory, practice, and experiential meaning. Contrary to some previous studies, data for this article indicate that submission to the lama is not an end in itself, but rather ideally provides an opportunity for disciples to become lamas themselves. Many disciples may find personal empowerment, oriented around the theme of compassionate social action. Understanding that surrender to the spiritual teacher is only a means to a personally empowering goal clarifies our understanding of many Asian religious practices in the West.

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

Grandparents’ Rights: What Every Grandparent Needs To Know, Robin Boyle

Faculty Publications

(Excerpt)

Patricia Perkins Slorah, has written an easy-to-read book for grandparents who are considering assistance from the legal community to secure visitation with their grandchildren. The book is aptly titled, Grandparents’ Rights: What Every Grandparent Needs to Know. For grandparents who are unfamiliar with the court system, Ms. Slorah provides helpful guidance. Although any book about the current state of the laws would be outdated at some point in the future as to what certain laws provide, this book provides timeless personal stories of grandparents who have struggled to gain visitation rights with their grandchildren.

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

Faculty Publications

(Excerpt)

In the fall of 2000, six-year-old male Zachary from a small town in Ohio, claimed that s/he was a girl and requested, from now on, to be called Aurora. When the child's parents honored this unusual wish and made efforts to make official the child's feminine identity, the case turned into a custody battle between the parents and the state of Ohio. Although the child was occasionally treated as a girl at home from the age of two, the attempt to register the child in public school as a girl motivated the state dissolution of this family. At the …

Selected Estate Planning Aspects Of The Uniform Limited Partnership Act (2001), Thomas Geu

Faculty Publications

No abstract provided.

Sleep Hygiene And Sleep Quality In Italian And American Adolescents, Monique K. Lebourgeois, Flavia Giannotti, Flavia Cortesi, Amy Wolfson, John R. Harsh

Faculty Publications

This study investigated cross-cultural differences in adolescent sleep hygiene and sleep quality. Participants were 1348 students (655 males; 693 females) aged 12-17 years from public school systems in Rome, Italy (n = 776) and Southern Mississippi (n = 572). Participants completed the Adolescent Sleep-Wake Scale and the Adolescent Sleep Hygiene Scale. Reported sleep hygiene and sleep quality were significantly better for Italian than American adolescents. A moderate linear relationship was observed between sleep hygiene and sleep quality in both samples (Italians: R =.40; Americans: R =.46). Separate hierarchical multiple regression analyses showed that sleep hygiene accounted for significant variance in …

Resolving Automatic Prepositional Phrase Attachments By Non-Statistical Means, Deryle W. Lonsdale, Michael B. Manookin

Faculty Publications

Prepositional-phrase attachment is a topic of active research in the field of computational linguistics. Properly attaching prepositional phrases to their pertinent constituent proves straightforward for humans, but inferring these attachments in a cognitive modeling system becomes difficult. For example, in the sentence, ‘Ralph threw the frisbee to John,’ the prepositional phrase ‘to John’ will attach to the verb phrase ‘threw’. In another example, ‘Joe saw the dog with fur,’ the prepositional phrase ‘with fur’ will attach directly to the noun phrase ‘the dog.’ Humans would have little difficulty resolving these examples, but for computers this would be difficult.

The Cognitive And Affective Antecedents Of General Trust Within Cooperative Organizations, J.L. Morrow Jr., Mark H. Hansen, Allison W. Pearson

Faculty Publications

Recently, much attention has been devoted to the important role that trust may play in the management of organizations. From a theoretical perspective, scholars have considered a wide range of topics such as the distinction between trust and distrust (Lewicki et al, 1998), the initial development and evolution of trust within organizations (Jones and George, 1998; Mayer et aL, 1995) and the betrayal of trust (Elangovan and Shapiro, 1998). EmpiricaJJy, researchers have examined how trust impacts organizations at the individual (McAllister, 1995), group (Korsgaard et al, 1995) and organizational levels (Davis fl al., 2000). Despite increasing interest in the effects …

Overoptimism And Overborrowing, Richard M. Hynes

Faculty Publications

No abstract provided.

The Ethnic Question In Law And Development, Lan Cao

Faculty Publications

No abstract provided.

The Transnational And Sub-National In Global Crimes, Lan Cao

Faculty Publications

No abstract provided.

Combining Learning Approaches For Incremental On-Line Parsing, Deryle W. Lonsdale, Michael B. Manookin

Faculty Publications

This paper discusses the integration of two different machine learning approaches to modeling language, NL-Soar and analogical modeling (AM). The resulting hybrid system is capable of functionality that is not possible when using only one of the systems in isolation. After a brief introduction of each system, an explanation is given of how AM is used to provide information useful to NL-Soar for two tasks. Examples are given, and related issues are outlined.

Connections Between Teacher And Student Attitudes Regarding Script Choice In First-Year Japanese Language Classrooms, Dan Dewey

Faculty Publications

This study investigates connections between teacher and student attitudes related to the delayed (or immediate) introduction of Japanese script in the Japanese language classroom. Two groups of students completed questionnaires concerning their attitudes toward the immediate or delayed introduction of Japanese script and the use of romaji (romanized Japanese) in the Japanese as a second language classroom. The first group was introduced to Japanese script immediately, and romaji was not used in their textbook. The second group used a romaji textbook and was introduced toJapanese script at a later time and a slower rate. Teacher attitudes were also assessed using …

The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Faculty Publications

No abstract provided.

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

A Re-Examination Of The Structure And Content Of Confucius’S Version Of The Golden Rule, Bo Mou

Faculty Publications

No abstract provided.