Digital Commons Network^™

Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande

Faculty Publications

To provide a more systematic assessment of contemporary faith in litigation, this article looks at a particular context-- business litigation--and analyzes the opinions of three groups of respondents: lawyers in private law firms who do commercial litigation (“outside counsel”), lawyers employed in business firms who do some litigation (“inside counsel”), and nonlawyer executives in business firms (“executives”). These groups have the greatest exposure to litigation in the corporate setting; furthermore, because they play powerful roles in our political, economic, and social life as well as the legal system, their opinions influence public opinion more generally.

The Christian Communio And The Question Of Identity, Guillermo C. Hansen

Faculty Publications

No abstract provided.

Freedom And Truth In Veritatis Splendor And The Meaning Of Theonomy, Lois E. Malcolm

Faculty Publications

No abstract provided.

Neither Euphoria Nor Defeatism: Christian Ethical Considerations On The New Epochal Changes In Latin America, Guillermo C. Hansen

Faculty Publications

No abstract provided.

Attitudinal Predictors Of Preferred Policy Options For Addressing The Needs Of Poor Children: Contrasting Afdc With Work Programs, J. Littrell, Sadhna Diwan

Faculty Publications

No abstract provided.

Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff

Faculty Publications

In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …

Scholarship About Teaching, Jonathan L. Entin

Faculty Publications

This essay draws on that experience, focusing on approximately half a dozen particularly good articles that have appeared in the Journal during my editorial tenure. Most of these describe new ideas, offering detailed information for the curious reader who might want to emulate the author's approach or simply to learn what others in the legal academy are doing. Typically, however, these papers contain little or no meaningful assessment or evaluation. "Descriptive" is too often a pejorative term of dismissal. But good description is often an essential first step toward understanding. Because I believe that more rigorous evaluation could add to …

Crime Or Punishment: The Parental Corporal Punishment Defense - Reasonable And Necessary, Or Excused Abuse, Kandice Johnson

Faculty Publications

The parental right to use physical force to discipline and restrain children is a privilege firmly rooted in the American system of jurisprudence. This privilege is often asserted as a defense when parents are charged with a crime of aggression against their child. While the privilege to use disciplinary force is universally recognized as a defense in criminal actions, it is equally acknowledged that child abuse is a pervasive reality of American life. This article postulates that current laws, addressing assertion of the parental privilege defense in criminal actions, fail either to provide adequate guidance to parents or to sufficiently …

Management, Adaptation And Large-Scale Environmental Change, Lawrence C. Hamilton, Cynthia M. Duncan, Nicholas E. Flanders

Faculty Publications

No abstract provided.

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu

Faculty Publications

No abstract provided.

Teaching Law Students Through Individual Learning Styles, Robin A. Boyle, Rita Dunn

Faculty Publications

(Excerpt)

Teaching can be rewarding, but it can also be frustrating when some students fail to grasp the material. Professor Robin A. Boyle of St. John’s University School of Law has been teaching Legal Research and Writing in small sections of approximately twenty to thirty students for four years. She, like many of her similarly exasperated colleagues, has repeated the same course content by using either lecture or collaborative learning, and has observed some students doing well, whereas others continued to perform poorly. Then, Dr. Rita Dunn was introduced to the law school faculty and suggested that law professors incorporate …

Bureaucracy In The Postmodern World: Problems And Solutions, Paul C. Godfrey, Grant C. Madsen

Faculty Publications

This paper considers the problems presented by modern bureaucratic organizations within the framework of postmodern philosophy. Bureaucracy represents the logical outcome of the rational tradition in western philosophy. Because of their efficiency properties, individuals are both the beneficiaries and victims of bureaucratic behavior. We suggest that a solution to these problems will not be found by using existing philosophical frameworks. The French philosopher Jean-Francois Lyotard presents a model of postmodern relationships based on language games. We explore the concept of language games within bureaucratic settings.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

“Are We Doing Multicultural Education Yet?” Review Article Of Timothy’S Reagan’S Non-Western Educational Traditions, Rosemary C. Henze

Faculty Publications

No abstract provided.

The Congregation: Critical Location For Faith And The Other, Patrick R. Keifert

Faculty Publications

No abstract provided.

Power In Exchange Networks: Critique Of A New Theory, Barry N. Markovsky, David Willer, Brent Simpson, Michael J. Lovaglia

Faculty Publications

Markovsky et al criticize Yamaguchi's (1996) theory of power in social exchange networks, revealing internal theoretical contradictions. Yamaguchi responds to the criticisms.

Fighting Bad Guys With International Trade Law, Raj Bhala

Faculty Publications

No abstract provided.

Evolution And Nebulousness In Theories, Barry N. Markovsky

Faculty Publications

Social scientists have a clear choice in how they may approach theory development. One path leads to "nebulous" theories that lack any real explanatory power. The other path capitalizes on evolutionary principles of variation and selection, vastly increasing the chances for explanatory success. I illustrate these ideas by reference to "artificial life" programs, and discuss the implications for theory construction in the social sciences.

Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao

Faculty Publications

No abstract provided.

Law And Economic Development: A New Beginning?, Lan Cao

Faculty Publications

No abstract provided.

Changes In Network Characteristics And Hiv Risk Behavior Among Injection Drug Users, John P. Hoffmann, S. Susan Su, Alfred Pach

Faculty Publications

Studies indicate that HIV risk behaviors vary greatly among injection drug users (IDUs). The source of such variation is often ascribed to individual differences, but much of it is due to how IDUs are grouped into social networks. Nevertheless, given the turbulent and uncertain lives led by many IDUs, it would not be surprising if their social networks changed substantially over time. We used data from a study of the social networks of IDUs in Chicago and Washington, DC, to examine changes in individual behavior and network characteristics over time. The results indicated few changes in standard network measures, such …

Productive Physical Education Pedagogy Scholars: Why They Do It And How, Murrary F. Mitchell

Faculty Publications

The purpose of this study was to determine why and how a sample of physical education teacher education (PETE) scholars manage to be productive publishers. Authors or coauthors of four or more articles in the Journal of Teaching in Physical Education (JTPE) through the 1980s (N = 24) responded to a mail questionnaire on why they write, why they choose to write for JTPE, what they believe to be true about themselves or their approach to writing, and any situational factors that have led to their publication success. Authors described personal motives such as publishing to meet a curiosity drive, …

Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman

Faculty Publications

Introduction to the Symposium: Medicare Private Contracting (The KYL Amendment), Cleveland, Ohio, 2000.

Organizational Configurations And Performance: A Meta-Analysis, David J. Ketchen Jr., James G. Combs, Craig J. Russell, Chris Shook, Michelle A. Dean, Janet Runge, Franz T. Lohrke, Stefanie E. Naumann, Dawn Ebe Haptonstahl, Robert Baker, Brendon Beckstein, Charles Handler, Heather Honig, Stephen Lamoureux

Faculty Publications

The link between organizational configurations and performance has become a central and somewhat controversial focus of research in the strategic management literature, We statistically aggregated results from 40 original tests of the configurations-performance relationship. In contrast to previous qualitative reviews, this meta-analysis demonstrated that an organization's performance is partially explained by its configuration. Tests of four potential moderators showed that organizations' configurations contributed more to performance explanation to the extent that studies used (1) broad definitions of configurations, (2) single-industry samples, and (3) longitudinal designs, Results highlight the need for programmatic research.

Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz

Faculty Publications

No abstract provided.

Municipal Courts--Another Urban Ill, Lewis R. Katz

Faculty Publications

No abstract provided.

Advice For Religious Historians: On The Myth Of A Purely Historical Jesus, Alan G. Padgett

Faculty Publications

No abstract provided.

Grounds For Argument: Local Understandings, Science, And Global Processes In Special Forest Products Harvesting, Thomas Love, Eric Jones

Faculty Publications

In posing the question "Where are the pickers?", Love and Jones suggest that the shifting paradigm in forestry is real and that academia is not leading the shift. Love and Jones illustrate the emergence of special forest products' legitimacy in competing uses of forests with their experience and research in mushroom harvesting in the Pacific Northwest.