Digital Commons Network^™

Predicting Defection, Elmer J. Schaefer

Faculty Publications

No abstract provided.

Legal Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …

Survey Of Research On Learning Styles, Rita Dunn, Jeffrey Beaudry Phd, Angela Klavas

Faculty Publications

A number of studies conducted during the last decade have found that students’ achievement increases when teaching methods match their learning styles—biological and developmental characteristics that affect how they learn.

An Assessment Of Air Force Development Portfolio Management Practices, Michael A. Greiner, Kevin J. Dooley, Dan L. Shunk, Ross T. Mcnutt

Faculty Publications

Selecting and managing development project portfolios is a critical function within the Air Force’s weapon systems development process. Decision makers must weigh benefits, costs, and mission needs for a variety of proposed new initiatives and current weapon systems programs in order to develop an effective portfolio that provides the best value to the User. This research examines current Air Force development portfolio management practices as perceived by those involved with the decision making process. Research findings indicate several gaps between Air Force practices and those commercial best practices as found in the literature. A general approach for bridging the differences …

But Can You Count On Them To Be Ethical?, Melvin J. Dubnick, Jonathan B. Justice

Faculty Publications

The issue addressed in this paper is whether the linkage between accountability and ethics makes sense in light of what we know about social and psychological behavior. And if the connection between the two makes analytic sense, what are the implications of those linkages for our understanding of public administrative ethics? We will show that there is indeed (at the least) an analytic connection between accountability and ethics, and that the relationship is a complex one rooted in the fact that accountability is itself takes multiple and relatively distinct forms in the lives of public administrators. Furthermore, we contend that …

Correlates Of Vigorous Physical Activity For Children In Grades 1 Through 12: Comparing Parent-Reported And Objectively Measured Physical Activity, James F. Sallis, Wendell C. Taylor, Marsha Dowda, Patty S. Freedson, Russell R. Pate

Faculty Publications

Correlates of physical activity were examined in young people in grades 1 through 12, and analyses were conducted separately for eight age/grade and sex subgroups. Twenty-one explanatory variables were assessed by parental report. Physical activity was assessed in 781 young people via parent report, and 200 wore an accelerometer for seven days. Between 11% and 36% of parent-reported child vigorous physical activity was explained. The most consistent correlates were peer support and use of afternoon time for active rather than sedentary recreation. Peer support was the only significant correlate of objectively monitored activity in multiple subgroups.

Rich Treasure In Jars Of Clay: Christian Graduate Theological Education In Postmodern Context, Mary E. Hess

Faculty Publications

No abstract provided.

What Every Student Affairs Professional Should Know: Student Study Activities And Beliefs Associated, Amy Strage

Faculty Publications

No abstract provided.

Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons

Faculty Publications

As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …

Dynamic Co-Existence Of Company-Owned And Franchised Outlets Within A Company: A Framework Of The Franchisor's Perspective, Robert E. Sibley, B. Yoo

Faculty Publications

Why and how do company-owned and franchised outlets simultaneously exist within the same organization? The purpose of this article is to integrate a variety of theories on this interesting retail phenomenon into a broader theoretical framework based on the political-economy paradigm. This paper attempts to integrate the perspectives of several theories that previously have been considered competing models of a single reality--the access-to-capital viewpoint, transaction cost analysis, the population ecology perspective, and power-dependence-conflict arguments--into a broader perspective that utilizes intra-firmfactors and the internal and external economies and polities of the political-economy paradigm. A model depicting this integration is set forth …

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande

Faculty Publications

This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …

Romagoza V. Garcia: Proving Command Responsibility Under The Alien Torts Claims Act And The Torture Victim Protection Act, Beth Van Schaack

Faculty Publications

No abstract provided.

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Introduction to the symposium on Bjorn Lomborg's "The Skeptical Environmentalist" Cleveland, Ohio, 2002.

Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard

Faculty Publications

This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.

Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii

Faculty Publications

For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks-and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are sorted out.

The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams

Faculty Publications

Youth sports today brings both good and bad news. The good news is that organized sports programs enhance the vitality of communities large and small because twenty-five to thirty million children, nearly half of all American youngsters, join at least one program in any given year. At some time during their childhood and adolescence, nearly all children have some experience with organized sports. Outside the home and schools, no other activity reaches so many children from coast to coast.

New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm

Faculty Publications

This Article argues that § 3604(c) is applicable in virtually every sexual harassment case involving housing and that its applicability means the FHA can be a more effective statute for attacking sexual harassment than Title VII. Part I reviews the law governing sexual harassment in housing, including the role that Title VII precedents have had in shaping this law. Part II shows how § 3604(c) goes further than its Title VII counterpart in prohibiting statements that are often at the heart of a sexual harassment claim and identifies some specific situations in which § 3604(c) may be helpful in challenging …

The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr.

Faculty Publications

This article explores the policy issues raised by the choice between a custom-based standard of care and a jury-determined reasonability standard. The author examines not only traditional legal arguments but also the recent findings of cognitive psychology, jury performance studies, and health industry research. Not surprisingly, this analysis reveals that both options are imperfect. However, the author cautiously recommends the reasonable physician standard. The revolutionary transformation of the health care industry in last quarter of a century has transferred considerable power from physicians to the health insurance industry, an industry that has not yet earned the privilege of self-regulation. Unlike …

The Process-Outcome Connection In Foreign Policy Decision Making: A Quantitative Study Building On Groupthink, Mark Schafer, Scott Crichlow

Faculty Publications

This article investigates whether certain factors pertaining to the process of foreign policy decision making have a measurable, qualitative effect on foreign policy outcomes. The research is grounded in the groupthink literature but incorporates different dimensions of similar underlying notions from other international relations areas as well. Three different types of process factors are investigated: situational factors, such as stress and time constraints; factors associated with the structure of the group; and information processing factors. We test the influence of these factors on two types of outcomes - a decision's effect on national interests and its effect on the level …

Please Forgive Me: Transgressors’ Emotions And Physiology During Imagery Of Seeking Forgiveness And Victim Responses, Charlotte Vanoyen-Witvliet, Thomas Ludwig, David J. Bauer

Faculty Publications

We assessed transgressors’ subjective emotions and physiological responses in a within-subjects imagery study involving 20 male and 20 female participants. Two imagery conditions focused on the transgressor’s actions: participants 1) ruminated about a real-life transgression and 2) imagined seeking forgiveness from the victim. Three imagery conditions focused on the victim’s possible responses: participants imagined their victims responding with 1) a grudge, 2) genuine forgiveness, and 3) reconciliation. Compared to ruminations about one’s transgression or an unforgiving response from the victim, imagery of forgiveness-seeking and merciful responses from victims (forgiveness and reconciliation) prompted improvements in basic emotions (e.g., sadness, anger) and …

The Jewish Community Library In Vienna: From Dispersion And Destruction To Partial Restoration, Richard Hacken

Faculty Publications

On 25 October 2000, Austria’s first memorial to Jewish victims of the Holocaust was unveiled at the Judenplatz in Vienna. Conceived by Nazi hunter Simon Wiesenthal and designed by British sculptress Rachel Whiteread in the form of a nameless library, a concrete block displays shelves of books with their spines turned to the inside, enclosing an area made inaccessible by a permanently locked door. The outer memorial is designed to represent Jewish culture and learning that were lost forever in the Holocaust, while the empty space within symbolises the many readers of the library who did not live on. Parallel …

The Refugee Jurist And American Law Schools, 1933-1941, Kyle Graham

Faculty Publications

This paper documents an important episode in the development of the “modern” American law school. Starting in 1933, law schools were invited to “host” or permanently welcome onto their faculties European jurists displaced by the German National Socialist government. At first, law schools sensed an opportunity to affiliate themselves with some of the leading lights of German “scientism.” Over time, however, these same institutions concluded that younger émigré scholars were more capable than their older counterparts were of embracing “American” practices of law teaching and scholarship. This article, drawing upon various archival sources, traces this transition, its causes, and its …

Comparisons Between Enron And Other Types Of Corporate Misconduct: Compliance With Law And Ethical Decision Making As The Best Form Of Public Relations, Cheryl L. Wade

Faculty Publications

(Excerpt)

One of the most important lessons that Enron offers is that sometimes managers lie and boards fail to do their jobs. Enron’s most valuable lessons relate to corporate governance, financial disclosure, accounting practices, and the management of pension funds. One of the most illuminating lessons that Enron offers, however, may be found in the reaction of jurists, legal scholars, the media, corporate professionals, elected officials, and the investing public to the Enron collapse. The general sense of public outrage is as large as the huge financial loss suffered by investors and employees.

There is a lesson to be derived …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Faculty Publications

Once, they say, freedom of contract reigned in American law. Parties could make agreements on a wide variety of subjects and choose the terms they wished. Courts would refrain from questioning the substance of bargains and would ensure only that parties had observed the proper formalities. In interpretation, objectivity was paramount. Courts would seek to ascertain, not what the parties had intended, but what a reasonable observer would understand the parties' words to mean. Contract law was a series of abstractions informed by individual autonomy and judicial deference.

This world, a classical paradise of doctrines with sharp corners, began to …

Interaction Of Physical And Mental Work, Sukhvinder Singh, Fereydoun Aghazadeh, Thomas G. Ray

Faculty Publications

The objective of the research was to determine the effect of mental load on the physical capacity of an individual. An experiment involving 9 combinations of lifting tasks, 1 lowering task, and 3 treadmill tasks was conducted. Heart rate was measured and maximum acceptable weight of lift was determined using the psychophysical method. A simple multiplication task was used as the mental load. The output variables were determined with and without the mental task. The results indicate that the individual’s physical capacity decreased with the mental task while lifting from floor to knuckle and shoulder to reach lifting heights. © …

Wielding Ockham’S Knitting Needles, Neil Fulton

Faculty Publications

No abstract provided.

Are Plurals Derived Or Stored?, David Eddington, Patricia Lestrade

Faculty Publications

The ability to produce and comprehend human language involves at least two processes: the storage of units and the computations performed on those units. The role that storage and computation play in the processing of inflectional morphology is highly debated. At one end of the spectrum is the full storage model, which holds that all known words, whether morphologically complex or not, have separate entries in the mental lexicon (Jackendoff 1975, Manelis and Tharp 1977, Butterworth 1983, Bybee 1985, 1988, Rumelhart and McClelland 1986, McClelland 1988, Stemberger 1994, Rueckl, Mikolinski, Raveh, Miner, and Mars 1997). This position puts an enormous …

Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes’ Applicability To Health Insurance, Sharona Hoffman

Faculty Publications

Traditionally, health insurers have enjoyed the freedom to determine their own terms of coverage, to decide to what extent, if any, patients should be reimbursed for different kinds of treatment, and to establish premium prices. Health insurers typically deny coverage for speech therapy, eye glasses, hearing aids, most foot care, and treatment for infertility. Many insurance providers also exclude or severely limit coverage for mental health, dental care, AIDS, diabetes mellitus, morbid obesity, epilepsy, and alcoholism or drug abuse. Therefore, while some Americans enjoy full coverage for all their health needs, others who have insurance and suffer from serious or …