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The Costs Of Exclusionary Practices In Women's Studies, Maxine Baca Zinn, Lynn Weber, Elizabeth Higginbotham, Bonnie Thornton Dill Jan 1986

The Costs Of Exclusionary Practices In Women's Studies, Maxine Baca Zinn, Lynn Weber, Elizabeth Higginbotham, Bonnie Thornton Dill

Faculty Publications

No abstract provided.


The Law Of Confessions: Part Ii, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Union Of Legal And Political Theory, Noel B. Reynolds Jan 1986

The Union Of Legal And Political Theory, Noel B. Reynolds

Faculty Publications

This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.


When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter Jan 1986

When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter

Faculty Publications

What happens when lawyer and client first meet? How do they talk, how do they listen, what do they say, and what do they do? The answers to these questions are generated, and then lost, in thousands of law offices daily. There is thus a treasure of information, but it is mostly hidden from our view by legal barriers that protect privacy and confidentiality and by other barriers, economic, psychological, and logistical, that inhibit or preclude third party observation of lawyer-client contact. This Article reports an exploratory journey in search of that treasure, a journey into six law offices in …


Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim Jan 1986

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

Faculty Publications

No abstract provided.


Injury And The Disintegration Of Article Iii, Gene R. Nichol Jan 1986

Injury And The Disintegration Of Article Iii, Gene R. Nichol

Faculty Publications

No abstract provided.


When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy Jan 1986

When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy

Faculty Publications

No abstract provided.


The Law Of Confessions: Part I, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr. Jan 1986

Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Decision Support Systems, Expert Systems, And Artificial Intelligence: Realities And Possibilities In Public Accounting, Andrew D. Bailey, Rayman D. Meservy, Joanne H. Turner Jan 1986

Decision Support Systems, Expert Systems, And Artificial Intelligence: Realities And Possibilities In Public Accounting, Andrew D. Bailey, Rayman D. Meservy, Joanne H. Turner

Faculty Publications

As the business environment becomes more complex and more competitive, accountants and other business managers must exploit the advantages of the computer to remain competitive. Even though managers have long used data which was collected, stored, summarized, and reported using computer technology, managers have not traditionally used computers to manage. Only recently have managers realized that the computer is a cost-effective tool which can directly aid and support business decisions (i.e., not only can computers generate data to be used in making decisions, they can also make comparisons, evaluate alternatives, weigh the costs and benefits, and perhaps even make certain …


Auditing, Artificial Intelligence And Expert Systems, Andrew D. Bailey, Rayman D. Meservy, Gordon L. Duke, Paul E. Johnson, William Thompson Jan 1986

Auditing, Artificial Intelligence And Expert Systems, Andrew D. Bailey, Rayman D. Meservy, Gordon L. Duke, Paul E. Johnson, William Thompson

Faculty Publications

This paper will provide the reader with an introduction to the field of financial auditing and the applicability of Decision Support Systems (DSS), Artificial Intelligence (AI), and Expert Systems (ES) to that field of endeavor. The paper will also discuss a continuing research project concerning the application of DSS/AI/ES techniques to the evaluation of internal accounting controls. The reader will find that the evaluation of internal accounting controls is a critical step in every financial audit and that it is an area in which the auditor exhibits substantial expertise. It is thus an area of work particularly suited to the …


The Gospel And Feminism: A Proposal For Lutheran Dogmatics, Lois E. Malcolm Jul 1985

The Gospel And Feminism: A Proposal For Lutheran Dogmatics, Lois E. Malcolm

Faculty Publications

The aim of this essay is to identify the theological, and deeply Christian, point of resonance between Lutheran and feminist theologies. It begins with a brief overview of themes in Christian feminist theologies; it then offers rationale and recommendations for why and how Lutheran dogmatics should critically engage feminist perspectives so that it can better serve the task of assisting Christians in their proclamation of the promise in Jesus’ gospel.


Construct Validation Of The Self-Control Schedule, P. Scott Richards Jun 1985

Construct Validation Of The Self-Control Schedule, P. Scott Richards

Faculty Publications

The present paper describes an investigation of the construct validity of the English version of M. Rosenbaum’s Self- Control Schedule (SCS). A total of 121 Brigham Young University students took the SCS and several other measures. t tests were conducted between the Brigham Young University student SCS means and the SCS means of samples from two midwestem universities. Pearson correlations between the SCS, the SCS subscales, Rotter’s I-E scale, the Manifest Anxiety scale, and the Religious Orientation scale were computed. Reliability analyses were conducted on the SCS subscales. The results (a) provide additional normative data about the SCS, (b) further …


Deterrence And Desert In Tort: A Comment, David G. Owen May 1985

Deterrence And Desert In Tort: A Comment, David G. Owen

Faculty Publications

No abstract provided.


All In The Family: Interpersonal Communication In Kin Relationships, Mary Anne T. Fitzpatrick, Diane M. Badzinski Jan 1985

All In The Family: Interpersonal Communication In Kin Relationships, Mary Anne T. Fitzpatrick, Diane M. Badzinski

Faculty Publications

No abstract provided.


Polygraph And Deception Tests: Part Ii, Paul C. Giannelli Jan 1985

Polygraph And Deception Tests: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ordinary Witness Doctrine: Discovery Of The Pre-Retention Knowledge Of A Nonwitness Expert Under Federal Rule 26(H)(4)(B), David Day Jan 1985

The Ordinary Witness Doctrine: Discovery Of The Pre-Retention Knowledge Of A Nonwitness Expert Under Federal Rule 26(H)(4)(B), David Day

Faculty Publications

No abstract provided.


Actions For Nonphysical Harm: The Relationship Between The Tort System And No-Fault Compensation (With An Emphasis On Workers' Compensation), Jean C. Love Jan 1985

Actions For Nonphysical Harm: The Relationship Between The Tort System And No-Fault Compensation (With An Emphasis On Workers' Compensation), Jean C. Love

Faculty Publications

No abstract provided.


"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss Jan 1985

"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss

Faculty Publications

No abstract provided.


Polygraph And Deception Tests, Paul C. Giannelli Jan 1985

Polygraph And Deception Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.


Academic Library Services: The Literature Of Innovation, Jo Bell Whitlatch, Judy Reynolds Jan 1985

Academic Library Services: The Literature Of Innovation, Jo Bell Whitlatch, Judy Reynolds

Faculty Publications

Innovation has the potential for increasing the effectiveness of information service. As a result of this interest in innovation, organizational theorists have begun to explore the effect of organizational design upon flexibility, creativity, and productivity of organizations. A review of existing literature, however, provides no comprehensive theory of organizational innovation. Research on organizational design and innovation in libraries could contribute to the systematic study of the impact of organization structure . Studies by Howard and Luquire indicate that traditional library organizations may inhibit change as well as the reexamination of values and service. Further study is needed to determine how …


Teaching Values Through Drama, Greta Berghammer Jan 1985

Teaching Values Through Drama, Greta Berghammer

Faculty Publications

One dramatic technique to aid students in their discovery of values and value systems is "theatre-in-education" (TIE); a theatre event that takes place in schools; with actors working through roles for and with children. TIE aims to fuse education and theatre by having team members function as both teachers and actors; and the audiences of young people participate as both themselves and characters. TIE programs can be grouped into five categories ranging from full participation (category I); to full performance (category V). Topics that can be explored through TIE are personal freedom; peer pressure; and racial tolerance; leading students to …


Religious Symbols And The Establishment Clause, Neal Devins Jan 1985

Religious Symbols And The Establishment Clause, Neal Devins

Faculty Publications

No abstract provided.


George Orwell: Socialist Or Liberal?. Big Brother And The Abuse Of Power., Noel B. Reynolds Jun 1984

George Orwell: Socialist Or Liberal?. Big Brother And The Abuse Of Power., Noel B. Reynolds

Faculty Publications

For although he was too strongly independent in his thinking to accept the Marxist or socialist dogmas of his associates, because they did not seem to square with experience, and though he admired the tough resistance of English character and legal institutions to tyranny, Orwell never did tumble to the understanding of man and government which had shaped each over the centuries. Failing to see the constants in human nature as the key to the political problem, he looked around the world both as he perceived it and his literary fellows portrayed it, and concluded that power lust was the …


Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande Jun 1984

Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande

Faculty Publications

This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …


Who Volunteers For Adult Development Research? Research Findings And Practical Steps To Reach Low Volunteering Groups, Michael Todd, Keith E. Davis, Thomas P. Cafferty Jan 1984

Who Volunteers For Adult Development Research? Research Findings And Practical Steps To Reach Low Volunteering Groups, Michael Todd, Keith E. Davis, Thomas P. Cafferty

Faculty Publications

The present study is an attempt to determine volunteering bias in racial, gender, and age groups in an adult development study. Samples were drawn from three different types of organizations in the Columbia, South Carolina SMSA. Volunteering rates were calculated as a function of the number eligible to participate in three age groups: 1) young adult (aged 20-25); 2) middle adult (aged 40-45); and 3) old (aged 60-80). The middle group volunteered at a higher rate than the other two age groups, but this effect was restricted to the white sample. Women volunteered more readily than men, but not among …


Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii Jan 1984

Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii

Faculty Publications

When a farm-born Kansan becomes one of the great teachers, authors, and scholars in the history of Anglo-American law, the story of his Kansas connection is worth noting in a law review published in his native state. This is the story of Arthur L. Corbin's early years and of his life-long fondness for the university where his quest for excellence began.


The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan Van Patten Jan 1984

The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan Van Patten

Faculty Publications

No abstract provided.


Two Agricultural Economists Look At Rural Sociology, B. Delworth Gardner, Carole Frank Nuckton Jan 1984

Two Agricultural Economists Look At Rural Sociology, B. Delworth Gardner, Carole Frank Nuckton

Faculty Publications

At the invitation of the editor, we shall attempt to describe our perceptions as agricultural economists of what is known to us as rural sociology. We should say right off that we are complimented that this invitation has been extended to us. We think that a comparison of our two disciplines has been useful to us, if only to clarify our thinking about our own. We emphasize that our perceptions are based on limited contact, and we have made no systematic study of your discipline. Even to attempt the critique and analysis of the kind requested of us presumes an …


Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins Jan 1984

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins

Faculty Publications

No abstract provided.