Digital Commons Network^™

The Role Of Lawyers In Strategic Alliances, George W. Dent

Faculty Publications

No abstract provided.

Possibilities For Collaborative Law: Ethics And Practice Of Lawyer Disqualification And Process Control In A New Model Of Lawyering, John M. Lande

Faculty Publications

This article assesses the possibilities for collaborative law (CL) to promote problem-solving negotiation and analyzes the operation and effect of the CL disqualification agreement (DA), which CL leaders hold as essential to the process. In CL, the lawyers and clients agree to negotiate from the outset of the case using a problem-solving approach. Under CL theory, the process creates a metaphorical "container" by using a DA disqualifying both lawyers from representing their clients if either party chooses to proceed in litigation. This article argues that much CL theory and practice is valuable, including protocols of early commitment to negotiation, interest-based …

Responding To The Demise Of Adolescent Artmaking: Charting The Course Of Adolescent Development In An Exceptional Art Classroom, Mark Graham

Faculty Publications

Adolescent artistic developmental potential is often underestimated, ignored, or dismissed as irrelevant. This article argues that the deliberate cultivation of artistry is neglected and the task of developing mastery in any visual language is rarely attempted. By adolescence, most children give up the visual arts as a means of understanding or expression. Although drawing is accepted as a fundamental skill in most secondary art programs, there are different opinions on how to teach drawing, and to whom drawing should be taught. Endpoints of development and the role of cultural influences are two areas that invite different points of view. This …

Sexual Harassment, Amy E. Street, Jane Stafford, Tamara A. Bruce

Faculty Publications

No abstract provided.

Children's Sociable And Aggressive Behaviour With Peers: A Comparison Of The Us And Australia, And Contributions Of Temperament And Parenting Styles, Alan Russell, Craig H. Hart, Clyde C. Robinson, Susanne F. Olsen

Faculty Publications

Links between both temperament and parenting, and children's sociable and aggressive behaviour with peers (physical and relational), were examined. The research was undertaken in two Western cultures (the United States and Australia) assumed to be similar in socialisation practices and emphases. The moderating effects of parent sex and child sex were also examined. Parents completed questionnaires on parenting styles and child temperament. Preschool teachers rated children's aggressive and sociable behaviour. US children were rated higher on both types of aggression by teachers and on sociability, activity, and emotionality by parents. Girls were rated as more relationally aggressive and more prosocial …

Discussing The First Amendment , Christina E. Wells

Faculty Publications

Despite its many good qualities, Eternally Vigilant nevertheless suffers from a flaw common to First Amendment scholarship--a tendency to give short shrift to study of the social, psychological, historical, and political factors that influence the Court's decision making and, thus, free speech doctrine. Discussion including these influences would facilitate an even greater understanding of free speech doctrine and the principles that underlie it.

Deterrents To Participation In Parenting Education, Debora C. Johnson, Betty C. Harrison, Michael F. Burnett, Peter Emerson

Faculty Publications

The purpose of this study was to determine the deterrents to participation by adults in parenting education programs. The objectives were (a) to describe parents with children in selected day care facilities on selected sociodemographic characteristics, (b) to determine factors that deterred those parents from participating in parenting education, and (c) to determine if there was a relationship between selected sociodemographic characteristics and the parents' participation in parenting education programs. A simple random sample of parents was drawn from the accessible population. Factor analysis revealed five factors that deterred this population from participating in parenting education: Lack of Confidence, Lack …

Journals In The Discipline: A Report On A New Survey Of American Political Scientists, James C. Garand, Micheal W. Giles

Faculty Publications

No abstract provided.

Developing A User-Process Model For Designing Menu-Based Interfaces: An Exploratory Study, Boryung Ju, Myke Gluck

Faculty Publications

The purpose of this study was to organize menu items based on a user-process model and implement a new version of current software for enhancing usability of interfaces. Dervin & Nilan's time-line method is used to develop a user-process model for user interface design. We developed a user process model drawn from actual users' understanding of their goals and strategies to solve their information needs by using Dervin's Sense-Making Theory with sense-making interviews. Six experienced subjects were recruited for the sense-making interviews. Each subject went through a learning/exploration session, and was asked to recall and describe specific information needs throughout …

New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith

Faculty Publications

No abstract provided.

Where's The Beef? Dissecting Spam's Purported Harms, Eric Goldman

Faculty Publications

Virtually everyone seems to agree that spam causes tremendous harm, but there is surprisingly little consensus on exactly what those harms are. This Essay examines various harms that spam purportedly causes to assess if the harm is real and if spam is treated dichotomously compared to other media communications. Based on this analysis, the Essay concludes that many harms purportedly caused by spam are not appropriate policy justifications for regulation.

"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Faculty Publications

This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that exacerbate inequalities among Chinese workers and create new inequities in the global labor market. Second, the Chinese regime's approach to labor rights remains rigidly authoritarian and, as a result, it is triggering ever more dramatic confrontations between workers and the Chinese state, despite the regime's nominal commitment to "socialism." Third, these developments are being reinforced by a pathological evolution in the principles that govern key international institutions such as the WTO and the ILO. A …

Foreword: The Role Of Justice In Building Peace, Michael P. Scharf

Faculty Publications

Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.

Using Low-Threshold Applications And Software Templates To Improve Efficiency In An Introductory Statistics Course, Jason K. Mcdonald

Faculty Publications

This study was an exploratory study in improving efficiency in university courses by using low-cost methods of design and development that can be easily managed by university faculty. To explore this issue, we developed a lesson for the Statistics department at Brigham Young University using low-threshold applications (uses of technology that are low-cost and easy to learn) and software templates. We evaluated the lesson as a possible method to decrease the number of hours instructors were required to spend teaching in class. We discovered that students responded positively to the lesson, and that the methods of lesson design and development …

Effects Of Concurrent Motor, Linguistic, Or Cognitive Tasks On Speech Motor Performance, Christopher Dromey, April Benson

Faculty Publications

This study examined the influence of 3 different types of concurrent tasks on speech motor performance. The goal was to uncover potential differences in speech movements relating to the nature of the secondary task. Twenty young adults repeated sentences either with or without simultaneous distractor activities. These distractions included a motor task (putting together washers, nuts, and bolts), a linguistic task (generating verbs from nouns), and a cognitive task(performing mental arithmetic). Lip movement data collected during the experimental conditions revealed decreases in displacement and velocity during the motor task. The linguistic and cognitive tasks were associated with increased spatiotemporal variability …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Privilege, Gender, And The Fourteenth Amendment: Reclaiming Equal Protection Of The Laws, Stephanie M. Wildman

Faculty Publications

The United States Supreme Court's failure to understand the relationship between individuals and groups in its equal protection jurisprudence has resulted in jurisprudence that makes no sense. The Court's inability to recognize the forms of bias associated with group membership has hampered the realization of the equal protection ideal. Analyzing the Court's gender equality decisions, the author proposes another path in equal protection jurisprudence that would analyze systemic privilege, recognizing the structures of subordination and domination. Examining equal protection through a privilege lens would clarify the interrelation of individuals to groups, provide an avenue for addressing biases, and sidestep the …

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

Faculty Publications

No abstract provided.

Dying Children And Medical Research: Access To Clinical Trials As Benefit And Burden, Michelle Oberman, Joel Frader

Faculty Publications

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

Exploring The "Myth Of Parity" In State Taxation: State Court Decisions Interpreting Public Law 86-272, Bradley W. Joondeph

Faculty Publications

The general rule of federal question jurisdiction does not extend to cases in which plaintiffs challenge the lawfulness of a state or local tax. In recent years, the Supreme Court has expressed its belief that this lack of a federal forum should not concern taxpayers, as the federal and state judiciaries are equally competent in deciding questions of federal law. Many observers have disputed this parity thesis, labeling it a convenient but dangerous myth. In the field of state and local taxation specifically, lawyers have expressed their distrust of state courts' willingness to protect the federal rights of taxpayers, especially …

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

A Decade Of Daubert, David G. Owen

Faculty Publications

No abstract provided.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

Raising (And Control), William D. Davies, Stanley William Dubinsky

Faculty Publications

No abstract provided.

Hatch-Waxman Reform And Accelerated Market Entry Of Generic Drugs: Is Faster Necessarily Better?, Sarah Kammer

Faculty Publications

Recently there has been a considerable amount of pressure to accelerate consumer access to generic drugs, which are significantly less expensive than their brand-name counterparts. One way to bring generic drugs on to the market sooner is through revision of the existing law relating to pharmaceutical patents. This iBrief describes recent regulatory changes to the Drug Price Competition and Patent Term Restoration Act (the Hatch-Waxman Act), which governs the patenting process for new drug products, as well as current legislative efforts to speed generic access through Hatch-Waxman reform. This iBrief also assesses whether these changes will be beneficial to consumers …

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

Scientific Empathy, American Buddhism, And The Ethnography Of Religion, Daniel S. Capper

Faculty Publications

The expansion of the use of ethnography in the study of religion has led to substantial methodological confusion. The reflexive ethnographic efforts which exist commonly appeal to the need for ethnographer empathy for field subjects, although the nature and ethical ramifications of this empathy remain poorly explored. This essay offers a model of ethnographic empathy in terms of the methodological observations of Weber, Homans, and Kohut. Using a model of empathy in terms of a reflexive “evenly hovering attention” for data collection, possible gains in the field from this model are explored. These gains include overcoming obstacles to data collection …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Did The Private Securities Litigation Reform Act Work?, Michael A. Perino

Faculty Publications

In 1995 Congress passed the Private Securities Litigation Reform Act (the PSLRA or the Act) to address abuses in securities fraud class actions. In the wake of Enron, WorldCom, Adelphia, and other high profile securities frauds, critics suggest that the law made it too easy to escape liability for securities fraud and thus created a climate in which frauds are more likely to occur. Others claim that the Act has largely failed because it did little to deter plaintiffs' lawyers from filing nonmeritorious cases. This article employs a database of the 1449 class actions filed from 1996 through 2001 to …