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A Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller Jan 2003

A Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller

Faculty Publications

No abstract provided.

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Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn Jan 2003

Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn

Faculty Publications

Two federal circuits, borrowing from Title VII jurisprudence, recently recognized a cause of action for a disability-based hostile environment under the Americans with Disabilities Act (ADA). Neither opinion, however, considered how the analysis of a disability-based hostile environment claim under the ADA might differ from that of a race- or sex-based hostile environment claim under Title VII. This Article examines the differing theories of equality underlying the two statutes and argues that, because the statutes prohibit discrimination in fundamentally different ways, courts must resist the temptation to copy and paste Title VII doctrine into ADA hostile environment opinions. This Article …

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The Role Of Lawyers In Strategic Alliances, George W. Dent Jan 2003

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

Faculty Publications

No abstract provided.

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Possibilities For Collaborative Law: Ethics And Practice Of Lawyer Disqualification And Process Control In A New Model Of Lawyering, John M. Lande Jan 2003

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 …

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The Law And Economics Of Disability Accommodations, Michael Ashley Stein Jan 2003

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …

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The Relations Between Knowledge, Search Strategy, And Performance In Unaided And Aided Information Search, John A. Barrick, Brian C. Spilker Jan 2003

The Relations Between Knowledge, Search Strategy, And Performance In Unaided And Aided Information Search, John A. Barrick, Brian C. Spilker

Faculty Publications

Information search is a critical step in resolving complex issues in many different decisionmaking domains. This study examines the relations between knowledge, search strategy, and performance in both unaided and aided information search. The results of an experiment indicates that (a) task-relevant knowledge is directly related to performance in aided but not in unaided information search; (b) in unaided information search, search strategy mediates the relation between knowledge and performance; that is, knowledge indirectly affects performance through its effect on search strategy; and (c) an information search aid moderates both the relation between knowledge and search strategy and the relation …

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Sexual Harassment, Amy E. Street, Jane Stafford, Tamara A. Bruce Jan 2003

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

Faculty Publications

No abstract provided.

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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 Jan 2003

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 …

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Discussing The First Amendment , Christina E. Wells Jan 2003

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.

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Deterrents To Participation In Parenting Education, Debora C. Johnson, Betty C. Harrison, Michael F. Burnett, Peter Emerson Jan 2003

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 …

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Journals In The Discipline: A Report On A New Survey Of American Political Scientists, James C. Garand, Micheal W. Giles Jan 2003

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.

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Developing A User-Process Model For Designing Menu-Based Interfaces: An Exploratory Study, Boryung Ju, Myke Gluck Jan 2003

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 …

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Where's The Beef? Dissecting Spam's Purported Harms, Eric Goldman Jan 2003

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.

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"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond Jan 2003

"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 …

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Scientific Empathy, American Buddhism, And The Ethnography Of Religion, Daniel S. Capper Jan 2003

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 …

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The Ecosystem Of Partnerships: A Case Study Of A Long-Term University-Community Partnership, Gary Daynes, Scott L. Howell, Nathan K. Lindsay Jan 2003

The Ecosystem Of Partnerships: A Case Study Of A Long-Term University-Community Partnership, Gary Daynes, Scott L. Howell, Nathan K. Lindsay

Faculty Publications

This article presents a case study describing a robust fortyeight- year partnership between the Boy Scouts of America, Brigham Young University, Utah Valley State College, and others in an annual merit badge Powwow1 for Boy Scouts. Service-learning occurs as five hundred university students and faculty prepare for and teach merit badge classes to five thousand Boy Scouts as part of this Powwow. The article presents the history and operation of the Powwow, describes benefits to participants, and identifies some of the factors that contribute to the enduring nature of the partnership. The case study suggests that partnerships are similar to …

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Effects Of Concurrent Motor, Linguistic, Or Cognitive Tasks On Speech Motor Performance, Christopher Dromey, April Benson Jan 2003

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 …

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Parent And Child Perspectives Of Family Leisure Involvement And Satisfaction With Family Life, Ramon B. Zabriskie, Bryan P. Mccormick Jan 2003

Parent And Child Perspectives Of Family Leisure Involvement And Satisfaction With Family Life, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The purpose of this study was to examine the relationship between family leisure involvement and satisfaction with family life. The sample consisted of 179 families. Data were analyzed at the parent, child, and family level. Findings indicated that family leisure involvement was the strongest multivariate predictor of family satisfaction from the parent perspective, but was not a significant multivariate predictor from the child's perspective. At the family level of measurement, only the block including Core and Balance family leisure variables explained a significant portion of the variance in family satisfaction. History of divorce was a negative multivariate predictor of family …

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A Model Of Norm Development For Computer-Mediated Teamwork, Charles R. Graham Jan 2003

A Model Of Norm Development For Computer-Mediated Teamwork, Charles R. Graham

Faculty Publications

The process of establishing norms is an important aspect of group dynamics. Most, if not all, of the major models of group development incorporate norming as an important part of the process. However, little is understood and agreed on regarding how norms develop.With the increased availability and power of technology to connect people at remote sites, the popularity of computer-mediated teamwork has increased dramatically. This new communication context brings with it some dramatic differences from the traditional face-to-face context, along with a need to understand how norms develop in this environment. This study investigates the norming process engaged in by …

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Blending Face-To-Face And Distance Learners In A Synchronous Class: Instructor And Learner Experiences, P. Clint Rogers, Charles R. Graham, Rus Rasmussen, J. Olin Campbell, Donna M. Ure Jan 2003

Blending Face-To-Face And Distance Learners In A Synchronous Class: Instructor And Learner Experiences, P. Clint Rogers, Charles R. Graham, Rus Rasmussen, J. Olin Campbell, Donna M. Ure

Faculty Publications

Like many institutions, Brigham Young University (BYU) is searching for ways to extend the reach of its programs without expanding the physical classroom and without incurring unreasonable costs. Internet supported instruction provides one alternative, with millions of students already attending Web-based classes (Gubernick & Ebeling, 1997). This case study examines the development of a class that blends distance and face-to-face students in a synchronous class. This case study focuses on how this blended learning environment was experienced by the distance and face-to-face students as well as the instructor.

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La Psicología Moral De Sócrates, Daniel Graham Jan 2003

La Psicología Moral De Sócrates, Daniel Graham

Faculty Publications

Os estimo y os amo, hombres de Atenas, pero obedeceré al dios en vez de [obedeceros] a vosotros, y mientras respire y tenga vida, no dejaré de filosofar, exhortando y desafiando a cualquiera de vosotros con quien me encuentre, diciéndole de la manera que acostumbro: “Hombre excelente, tú que eres ciudadano de Atenas, la ciudad más grande y la más famosa por su sabiduría y su poder, ¿no te avergüenzas de dedicarte a amontonar dinero, gloria y poder, sin prestarle ninguna atención a la sabiduría, a la verdad y al mejoramiento de tu alma?” Y si alguien protesta y dice …

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Metrics For Evaluating Human-Robot Interactions, Michael A. Goodrich, Dan R. Olsen Jr. Jan 2003

Metrics For Evaluating Human-Robot Interactions, Michael A. Goodrich, Dan R. Olsen Jr.

Faculty Publications

Metrics for evaluating the quality of a human-robot interface are introduced. The autonomy of a robot is measured by its neglect time. The robot attention demand metric measures how much of the user’s attention is involved with instructing a robot. The free-time and fan-out metrics are two ways to measure this demand. Each of them leads to estimates of the interaction effort. Reducing interaction effort without diminishing task effectiveness is the goal of human-robot interaction design.

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

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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 Jan 2003

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 …

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Trust And The Decision To Outsource: Affective Responses And Cognitive Processes, Mark Hansen, J.L. Morrow Jr. Jan 2003

Trust And The Decision To Outsource: Affective Responses And Cognitive Processes, Mark Hansen, J.L. Morrow Jr.

Faculty Publications

Many of the various forms of cooperative strategy that firms are pursuing in today’s economy entail the placing of important business functions in the hands of a partner. This paper examines the role of trust in the decision by a producer to place the marketing function in the hands of another entity, namely a cooperative. Although others have studied the effect of what may be termed general trust on inter-organizational relationships, few have examined the antecedents of that trust. We propose a model in which affective responses and cognitive processes are precursors to a sense of general trust, which, in …

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Responding To The Demise Of Adolescent Artmaking: Charting The Course Of Adolescent Development In An Exceptional Art Classroom, Mark Graham Jan 2003

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 …

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From The Individual To Individualism: A Critique Of The Helping Professions, Timothy B. Smith, Matthew R. Draper Jan 2003

From The Individual To Individualism: A Critique Of The Helping Professions, Timothy B. Smith, Matthew R. Draper

Faculty Publications

Individualistic values characterize contemporary society and many popular approaches to mental health treatment. This paper critiques the individualistic values embedded in the helping professions that implicitly contradict the teachings ofJesus Christ, the surest foundation for mental health interventions. Members of AMCAP are encouraged to search out and replace problematic values that contradict gospel teachings which have been integrated into contemporary mental health practice.

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Rites Of Passage In Emerging Adulthood: Perspectives Of Young Mormoons, Larry J. Nelson Jan 2003

Rites Of Passage In Emerging Adulthood: Perspectives Of Young Mormoons, Larry J. Nelson

Faculty Publications

This study explores the role that culture, particularly religious rites of passage, may play in emerging adulthood by examining the demographics, criteria for adulthood, identity development, and risk behavior of Mormon emerging adults.

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Parenting And Adult Development: Contexts, Processes, And Products Of Intergenerational Relationships, Rob Palkovitz, Loren D. Marks, David W. Appleby, Erin K. Holmes Jan 2003

Parenting And Adult Development: Contexts, Processes, And Products Of Intergenerational Relationships, Rob Palkovitz, Loren D. Marks, David W. Appleby, Erin K. Holmes

Faculty Publications

For the past 50 years, parenthood has been discussed in social science literature as a context of adult development. Theories, anecdotes, and the opinions of laypersons are nearly unanimous: People who become parents and are involved in the raising of children are transformed and follow a different developmental trajectory from people who do not engage in parenting roles. Erickson (1950) suggested that positive adult development reflects care for the next generation, or "generativity," and that parenthood is "the first, and for many, the prime generative encounter" (Erickson, 1964, p. 130). More recently, parenthood has been described as a necessary but …

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From Individuality To Individualism: A Critique Of The Helping, Timothy B. Smith, Matthew R. Draper Jan 2003

From Individuality To Individualism: A Critique Of The Helping, Timothy B. Smith, Matthew R. Draper

Faculty Publications

Individualistic values characterize contemporary society and many popular approaches to mental health treatment. This paper critiques the individualistic values embedded in the helping professions that implicitly contradict the teachings of Jesus Christ, the surest foundation for mental health interventions. Members of AMCAP are encouraged to search out and replace other problematic values that contradict gospel teachings but that have been integrated into contemporary mental health practice.

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