Digital Commons Network^™

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Subliminal Advertising: The Commercial Appropriation Of The Unconscious, Brian D. Williams

Presidential Scholars Theses (1990 – 2006)

Subliminal advertising refers to the use of subliminal techniques by mass media and what these media messages are doing to society. A secret technology has existed and been in widespread use for decades which modifies consumer's behavior invisibly, channels basic value systems, and manages to drive much bigger segments of the population into certain pathological behaviors.

Tearing The Goat's Flesh: Homosexuality, Abjection, And The Production Of A Late Twentieth-Century Black Masculinity, Robert Reid-Pharr

Publications and Research

A negative image of the homosexual must be promoted to preserve the heterosexual society, an idea that extends to the construction of African-American masculinity. African Americans represent the lack of boundaries in a chaotic culture. The resulting presumption that blacks are subhuman and irrational comes from the history of slavery and the presumed separateness of the race. Homosexuals also have been cut from their history by society and therefore must rediscover their roots to reject society's negative images.

Title Vii And Free Speech: The First Amendment Is Not Hostile To A Content- Neutral Hostile-Environment Theory, Charles R. Calleros

Utah Law Review

First Amendment challenges to the discriminatory-workplace theory of liability have proceeded from an invalid assumption that the theory calls for selective regulation of speech based on its content. Properly interpreted and applied, this theory regulates selective targeting of members of a protected class for harassment that alters the victims' working conditions-regardless of the political or social content of the harassing speech or conduct. This hostile-environment theory poses a much lower threat to First Amendment values and can be evaluated under a less exacting level of constitutional scrutiny. Although difficult questions remain, they can be analyzed within a constitutional framework that …

Polygamous Family Life: The Case Of Contemporary Mormon Fundamentalists, Irwin Altman

Utah Law Review

This Paper summarizes an ongoing research program on contemporary Mormon polygynous families (one husband and two or more wives). We examine husband-wife and wife-wife relations plural families in regard to (1) how husbands and wives achieve viable dyadic and communal relationships, and (2) how dyadic and communal issues are managed in social and physical contexts through the life cycle of plural family relationships. The project extends my and my colleagues' earlier work on the development of interpersonal relationships, privacy regulation, and the role of the physical environment in close personal relationships. The research also derives from dialectic and transactional/contextual philosophical …

The Family As A System: A Preliminary Sketch, Lee E. Teitelbaum

Utah Law Review

An adequate legal theory of the family can neither rest on nor ignore the heuristic devices that have been invoked by courts and commentators. Both internally and in relation to other social institutions, families are far too varied in structure and operation and too localized in meaning to be captured so easily. Nonetheless, some way of expressing important normative judgments about family relationships is required. Viewing the family as a system, both in its internal organization and functions and in relation to other social structures, may provide a way of accommodating seemingly opposed images of the family as a unit …

Strategizing Strategic Behavior In Legal Interpretation, Duncan Kennedy

Utah Law Review

This Essay is part of a larger work that proposes a theory of the political effects of the American social practice of organizing lawmaking through distinct adjudicative and legislative institutions. The main question addressed is the role of political ideology, in the simple sense of "liberalism" and "conservatism," in the part of judicial activity that is best described as lawmaking. I argue that ideological projects of this familiar kind pervasively influence judicial lawmaking, but that ideologically oriented legal work is different from ideologically oriented legislative work. I address the grand question of the meaning and effects of adjudication in society …

Misconceptions Of The Law. Providing Full Recovery For The Birth Of The Unplanned Child, Michael A. Mogill

Utah Law Review

The claim for wrongful pregnancy admittedly involves a "sensitive and difficult field of the law,""' one to which an "answer is not easy nor completely satisfactory" to all. The term "wrongful pregnancy" may be provocative to some who believe that a pregnancy should never be characterized in a negative manner. Yet, the claim is meant to remedy the plaintiffs' conscious and affirmative choice to not have a child. The pregnancy is wrongful not because the child once conceived or born is unwanted, but because of the interference with the plaintiffs' right to choice and to plan their family. The needs …

Recent Legislative Developments In Utah Law, Utah Law Review Staff

Utah Law Review

The Recent Legislative Developments in Utah Law section consists of brief expositions of selected statutes enacted by the 1996 Utah Legislature. Each Development is self-contained.

Did The Revolution Start Without Us? An Examination Of Inclusive School Psychology Practice In Iowa And Nebraska, Sharon K. Knudsen

Student Work

An investigation of inclusion practices was conducted through a mailed survey to 475 school psychologists working in Iowa and Nebraska. After an initial mailing and three follow up mailings, a usable return rate of 71% was obtained.

Doing The Right Things In Mexico, Mary Gowan, Santiago Ibarreche, Charles Lackey

International Business and Entrepreneurship Faculty Publications

A recognized key to business success in an increasingly global economy is learning how to successfully adapt and manage in diverse locations. With the recent passage of the North American Free Trade Agreement (NAFTA), more businesses are turning their attention to Mexico. In this interview, Lee Crawford, Managing Director of General Motors' Delphi Division, shares his experiences and perspectives on how to succeed when doing business in Mexico.

The Efficacy Of The Collaborative Teaching Model For Academically-Able Special Education Students: A Research Report, Paul J. Gerber

MERC Publications

Collaborative teaching is a model of teaching students with disabilities who are academically-able in general classes. This service delivery model is unlike paradigms of the past that denoted least restrictive place (i.e. resource room instruction and mainstreaming). This model is predicated on direct services in general classrooms where both special education and general education teachers team teach in order to meet the needs of students with disabilities. The model is being used more and more across the country, and it is gaining favor in school divisions in the greater Richmond area. The purpose of this study was to investigate the …

Parental Involvement In Schools: Case Studies Of Three High Schools In A Southeastern Metropolitan Area, Maike Philipsen

MERC Publications

The purpose of this study is to unearth both degree and nature of parental involvement at three high schools. A brief survey of school personnel - distributed at faculty meetings - was used as an indicator of the degree of parental involvement at each school. Furthermore, teachers and staff were asked to nominate "involve" parents as well as parents who seem to perceive barriers to school involvement. Once the surveys has been analysed, a total number of 52 in-depth interviews - lasting between 30 minutes and 2 hours - were conducted with teachers, school administrators, staff, and "involved" as well …

Should We Test For Interpersonal Lawyering Skills?, Lawrence M. Grosberg

Clinical Law Review

As clinicians we are engaged in preparing students to practice law. Part of that task, though certainly not all, is teaching particular lawyering skills, such as interviewing, counseling, negotiating and trial advocacy. Our work rests on a shared conviction that these skills can be performed well or badly, and that it is possible to identify at least some of the elements of superior performance and convey those to our students. Just as firmly we believe that it is possible to provide critiques of our students' efforts to acquire and use these skills. Believing that skills can be identified, explained and …

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Clinical Law Review

The American Bar Association (ABA) has encouraged the development of field placement programs along with other clinical methodologies. However, the ABA has also responded to the increased prominence of externship programs by increasing the specificity of its accrediting regulations governing the content, teaching, and review of field placement programs. These new requirements, embodied in Interpretation 2 of Accreditation Standard 306(c), are more detailed and specific than the regulations governing other parts of the curriculum, including other clinical offerings. They have been received critically by externship faculty and others. This kind of micromanagement is the very type of intervention that may …

Volume 3 Fall 1996 Number 1, Clinical Law Review

Clinical Law Review

No abstract provided.

The Case Of The Benevolent Fiduciary: A Primer For The Unwary, Suzanne J. Levitt

Clinical Law Review

In retrospect, it's hard to believe that at first no one in the clinic had ever heard of Hattie, or "HSJ POA,'' as she later came to be known. We simply responded to a telephone call from the Nursing Home Ombudsperson who called us at the request of Hattie's brother Carl. Carl had recently been admitted to a nursing home, only to discover that his life savings had been removed from the bank by his sister Hattie. He had, he recalled, signed a Power of Attorney naming her as his agent. Could that be the problem? Could he revoke the …

Preliminary Reflections On The Establishment Of A Mediation Clinic, James H. Stark

Clinical Law Review

Law school mediation clinics are proliferating at a rapid rate around the country. A 1995 directory of ADR clinics indicates that 34 law schools now offer mediation (or mediation and arbitration) clinics and that an additional 13 schools have plans to start one. Although a few clinics date back to the mid-1980's or earlier, most are of much more recent vintage. Mediation also has been the subject of two recent clinical legal education conferences. Something seems to be happening here. What is it? In this article, and one to follow, I try to present a balanced view of the distinctive …

A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow

Clinical Law Review

According to the old saw, "those who can't do, teach." For a year in 1992-1993, I set out to prove to myself that those who teach can too do. Thanks to an obscure provision in the regulations of the United States Attorney's Office, and with the cooperation and encouragement of both my Dean and the United States Attorney for the Eastern District of New York, I was able to spend a year as an Assistant United States Attorney (AUSA) in the Civil Division litigating a wide variety of cases ranging from the most mundane to the most sophisticated. This bus …

The Use Of Journals In Legal Education: A Tool For Reflection, J.P. Ogilvy

Clinical Law Review

When I tell colleagues that I am using journals in my classes, I usually get a quizzical look and then the question: "You mean law reviews?" "No," I say, "I mean journals, like diaries, only more public." My colleagues' lack of familiarity with the use of journals is no reflection on their professional reading habits. In fact, the literature on legal education contains only a few scattered references to journal writing by law students. Even among these references, there is no discussion of the contributions from learning theory that support the use of journals, no critical examination of the relative …

Ethical Decisionmaking And Ethics Instruction In Clinical Law Practice, Joan L. O'Sullivan, Susan P. Leviton, Deborah J. Weimer, Stanley S. Herr, Douglas L. Colbert, Jerome E. Deise, Andrew P. Reese, Michael A. Millemann

Clinical Law Review

Ida Brown was eighty-six, increasingly confused and physically ill. Two doctors, including her treating physician, certified that she was incompetent. The social services department sought the appointment of a guardian for her, in order to sell her home in which she had lived for forty-seven years and put her in a nursing home. Ms. Brown told her student attorneys to tell the guardianship court she wanted to be left alone. One of the students thought the law clinic should consent to the appointment of a guardian. His supervisor disagreed, arguing that the clinic should develop an in-home care plan, but …

A Modest Offer To Clinicians From The Legal Aid Society, Daniel L. Greenberg

Clinical Law Review

Elsewhere in this issue of the Clinical Law Review, Stacy Caplow tells a "there and back again" story of her year-long foray into legal practice and her reflections upon it when she returned to the academy. I too have a "there and back again" story to tell, but mine is a tale of a return to the world of poverty law practice in New York City after a not-at-all-brief sojourn behind the ivy-coated walls of the academy. From 1971 to 1987, I was a staff attorney and managing attorney of Mobilization for Youth (MFY) Legal Services on the lower east …

Constructing A Clinic, Philip G. Schrag

Clinical Law Review

Twenty-five years ago, I was appointed to the faculty of Columbia Law School and asked to start a clinical program. In retrospect, I can see that I knew very little about how to construct a clinic, or even about what questions to ask myself or others about clinic design. I therefore began by doing what most people do in new or unfamiliar situations: I tried to replicate what I knew best from my prior experience. I had worked as a lawyer on the staff of the NAACP Legal Defense Fund, so I tried to work with students, as I had …

David A. Reed And John R. Farkas, Mormons Answered Verse By Verse, Keith J. Wilson

Review of Books on the Book of Mormon 1989–2011

Review of Mormons Answered Verse by Verse (1992), by David A. Reed and John R. Farkas.

Fishing For Salamanders, Michael Stevens

Inscape

No abstract provided.

"Request For Proposal" Or "Run For Protection?" Some Thoughts On Rfps From A Librarian And A Bookseller, Bob Schatz, Diane J. Graves

Library Faculty Research

Increasingly, academic librarians are using the RFP (Request for Proposal) to assist them in selecting materials vendors. While this has been a common practice for integrated library system selection for some time, it is still a relatively new phenomenon in the acquisitions field. The authors, one a library administrator and the other a bookseller, review the pros and cons, pitfalls and benefits of using the RFP method for purchasing library materials.

Northwestern News, Winter 1995-1996, Public Relations

Northwestern News

NWC receives recognition as character builder; Construction projects progressing; Preserving the core values while stimulating progress; Your Alumni Annual Fund gift helps bright futures blossom; Enrollment breaks records again; Bultman Center dedication draws large crowd; Several join Board of Trustees; Des Moines couple receive Parents of the Year award; Vander Stoep resigns; Barb Top: A special educator; Klay's service leads to campus growth; Homecoming '95; Missionary to India sees God's provision; Heitbrink devotes career to education; Korver receives N-Club coaching award; Honig's education takes her to Niger; Assink seeks career in chemical research; Readership survey results positive; Raiders complete strong …

Annual Review Of The World Pheasant Association 1995/1996, World Pheasant Association

Galliformes Specialist Group and Affiliated Societies: Reports and Other Materials

Pheasant Specialist Group, Peter J. Garson

Partridge, Quail and Francolin Specialist Group, Simon D. Dowell

Grouse Specialist Group, Matt Ridley

The Seventh International Grouse Symposium, Fort Collins, USA, Anne Westerberg

Megapode Specialist Group, René W. R. J. Dekker

Captive Breeding Advisory Committee, Han Assink

WPA-South Asia Regional Office and captive crested argus, Rahul Kaul

Brown eared-pheasant project report. Zhang Zheng-wang

Saving the Blyth's tragopan. Ron Sumner

Why are Lophura pheasants so variable? Geoffrey Davison

Recent rare pheasant observations in Chin State, West Myanmar (Burma), Ben King, Dave Farrow, Craig Robson, Hugh Buck. Tim Fishe

An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci

Cardozo Journal of Equal Rights & Social Justice

The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.

Design Optimization Of Indium-Gallium-Arsenide-Phosphide Multi-Quantum Well Electroabsorbtion Modulators, Gregory H. Ames

Open Access Dissertations

A theoretical analysis of the performance of InGaAsP multi-quantum well electro-absorption modulators is presented. A comprehensive model of the quantum confined Stark effect is described to determine the absorption and index change spectra versus applied field. This model is based on previously developed models for GaAs/AIGaAs structures, but includes improvements in the handling of exciton line broadening and the variation of exciton oscillator strength with field.

The analysis of line broadening due to composition fluctuations is presented, revealing a previously neglected factor. Two numerical methods for calculating the line broadening, based on the resonant tunneling method, are presented and compared. …