Digital Commons Network^™

Bringing Avalon Hills Baptist Church Through The Two Hundred Barrier, David D. Reike

Doctoral Dissertations and Projects

The purpose of this dissertation is to identify as specifically as possible the elements which consistently contribute to the growth of the small church through the two hundred barrier, and then to incorporate these elements into a dependable strategy for such growth. The work includes a thorough review of relevant church growth literature, a review of Fuller Institute's "How to Break The Two Hundred Barrier Seminar," and it includes the results of a survey of fifty pastors who have led their congregations to regular worship attendances of over two hundred in recent years.

Parental Rights And The Right To Intimate Association, David Fisher

UC Law Journal

In a series of cases in the 1920s, the Supreme Court affirmed a fundamental right of parents to direct the upbringing and education of their children. Since that time, however, the judiciary's support for parental rights has become much more ambiguous. As a result, in recent years, the religious right has taken parental rights on as one of its central policy issues - introducing bills and state constitutional amendments in twenty-eight states as well as a bill in Congress, all designed to strengthen the hand of parents against state assertion of authority on behalf of their children.

This Note traces …

Branding Neutral Explanations Pretextual Under Batson V. Kentucky: An Examination Of The Role Of The Trial Judge In Jury Selection, Tracy M. Y. Choy

UC Law Journal

The Supreme Court's adoption in Batson v. Kentucky of Title VII's three-step, burden-shifting procedure to determine whether an attorney impermissibly exercised a race-based peremptory challenge has been criticized for failing to give trial courts adequate guidance regarding the burdens of the parties at each step. Courts have required relatively low showings to meet the first and second steps of the Batson inquiry: the prima facie case of intentional discrimination and the neutral explanation steps, respectively. Thus, Batson's third and final step, the trial court's determination as to proof of purposeful discrimination, is too important to lack guidelines.

This Note will …

The "Constitutional Revolution" As A Crisis In Adaptivity, G. Edward White

UC Law Journal

The conventional explanation for the emergence of the "constitutional revolution" of the late 1930s, in which a number of doctrinal transformations took place in the constitutional jurisprudence of the Supreme Court, has been related to external events in American political culture such as the abortive "Courtpacking" plan introduced by Franklin Roosevelt in early 1937. According to the conventional explanation, which has retained a presumptive historiographical validity for nearly 50 years, Supreme Court constitutional doctrines changed in response to political pressures on the justices related to the triumph of the New Deal philosophy of governance.

Revisionist work in this decade has …

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

UC Law Journal

In what he describes as a "premortem" on Joiner v. General Electric Co., a case before the Supreme Court at the time he is writing, Professor Faigman considers what role appellate courts should have in the evaluation of the admissibility of scientific expert testimony. Unclouded by the conclusions of the Court, Professor Faigman argues that appellate courts should share the active gatekeeping role that the Court created for district courts in Daubert v. Merrell Dow Pharmaceuticals, Inc.

Professor Faigman describes the lower courts' opinions in Joiner, noting that the Eleventh Circuit adopted a somewhat murky heightened standard of appellate review …

The Origin Of The Appeal In America, Mary Sarah Bilder

UC Law Journal

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture.

Professor Bilder's Article draws on recent work in cultural history to …

Defending Genders: Sex And Gender Non-Conformity In The Civil Rights Strategies Of Sexual Minorities, Paisley Currah

UC Law Journal

No abstract provided.

Jeffrey Dahmer And The Cosynthesis Of Categories, Peter Kwan

UC Law Journal

No abstract provided.

Applying A Strict Discovery Rule To Art Stolen In The Past, Tarquin Preziosi

UC Law Journal

There is a great deal of un-recovered stolen art, and a great deal of confusion within and among jurisdictions as to when the applicable statute of limitations for stolen art begins to run. Holistic legal reform in this area is long overdue. Recent proposals, responding to current practices in the art world, call for the adoption of an art theft registry to help effectuate the return of stolen art and provide efficiency in the marketplace. However, a great number of objects fall outside the effective scope of these proposals: art that was stolen in the past, and those artworks which …

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

Faculty Scholarship

No abstract provided.

Three Patterns Of Law: Taxonomy And Change In The World's Legal Systems, Ugo Mattei

Faculty Scholarship

No abstract provided.

Without Narrative: Child Sexual Abuse, Lynne Henderson

Scholarly Works

No abstract provided.

The Role Of Riparian Water Law In Protecting Biodiversity: An Indiana (Usa) Case Study, Robert L. Fischman

Articles by Maurer Faculty

This article discusses how the rules affecting the use of surface water ground water in a typical riparian state, Indiana, can promote the conservation biological diversity. The article first surveys the basic water laws that apply to surface water, diffused surface water, underground streams, and ground water. The rules governing the uses of these waters originate in common law property doctrines and substantially clarified by state legislation. Next the article considers state administration of water. The article examines regulatory tools and administrative opportunities control uses of water in a manner that protects biodiversity. Programs requiring permits for construction in floodplains, …

From Product To Process: Evolution Of A Legal Writing Program, Jo Anne Durako, Kathryn M. Stanchi, Diane Penneys Edelman, Brett M. Amdur, Lorray S.C. Brown, Rebecca L. Connelly

Scholarly Works

No abstract provided.

Interview: Cindi Katz. Creating Safe Space And The Materiality Of The Margins, Cindi Katz

Publications and Research

Cindi Katz, associate professor and chair of the environmental psychology program at the Graduate School of the City University of New York, visited the University of Kentucky in February of 1996 to deliver the keynote address at the 5 1/2 Annual Geography Graduate Student Conference. In her address, entitled "Power, Space and Terror: Social Reproduction and the Public Environment," Professor Katz discussed how changes jn urban built environments, particularly the privatization of urban public space, negatively affected New York City children. Privatization, she argued, not only serves a 'child hating' mentality prevalent in our society, but fosters, among other things, …

"The Teacher Would Call Me 'Piggy', 'Smelley', 'Dirty', Names Like That": Prying Open A Discussion Of Domestic Violence For Educators, Lois M. Weis, Michelle Fine

Publications and Research

(The Teacher) would call me "piggy", "smelly", "dirty", names like that, and the kids started following along with it. And I'd say, by the fourth grade, I started cleaning myself out. I didn't care anymore, but my father had this thing that you were allowed to take a bath once a week. He would measure the shampoo, he would measure the soap, and if he thought somebody was using the shampoo when he said you shouldn't, you'd get a beating. But I got sick of it, and the beatings almost became to be painless when hit with a belt or …

On Epistemology, Whiteness, And Sexual Politics: Personal Reflections On Standpoint And White Supremacist Discourse, Jessie Daniels

Publications and Research

The preface to White Lies in which the author explains her personal relationship to the work of scholarship in the book.

Global Attractors From The Explosion Of Singular Cycles, Carlos Arnoldo Morales, Maria José Pacífico, Enrique Ramiro Pujals

Publications and Research

Abstract:

In this paper we announce recent results on the existence and bifurcations of hyperbolic systems leading to non-hyperbolic global attractors.

Résumé:

Nous présentons dans cette Note des résultats récents concernant l’existence et les bifurcations d’un nouvel attracteur global chaotique.

Babbitt And Stravinsky Under The Serial "Regime", Joseph N. Straus

Publications and Research

It is a great honor and a personal pleasure to participate in this Symposium in honor of Milton Babbitt. Babbitt's work, his "thinking in and thinking about music," have so profoundly shaped my own work and the field in which I work, the field of music theory, that it is hard imagine what either would have been without him. I have a deep and grateful sense of his influence on me.

Babbitt's more general influence, his role in shaping our larger musical culture, is the topic of this article. I want to focus in particular on the 1950s and 1960s …

Video Self-Monitoring As An Alternative To Traditional Methods Of Pronunciation Instruction, P. C. Noble

Dissertations and Theses

Japanese students of English have difficulty pronouncing /f/, Ir/, /1/, /v/ and "th", sounds that are either not present in their language, or as in the case of /r/, articulated in Japanese more like an English /di. Their difficulty with these sounds seems to affect their comprehensibility in English to native-speakers of English.

The purpose of this partial replication of a 1994 study by MacDonald, Yule and Powers was to test three different methods of pronunciation instruction ( and a control) to determine which promoted the greatest improvement in the pronunciation of the five target sounds among Japanese speakers. The …

"Blame It On Intake” : A Critical Ethnography Of The Negotiation Of Access To Shelter Services In A Shelter For Homeless And Battered Women, Kathleen Marie Drew

Dissertations and Theses

Even though the number of homeless women has increased among a population viewed as typically male (Merves 1992), there is still little research focused on women. This study investigated the communicative practices in and through which gendered identity was constructed, negotiated and performed at a point of rupture when the norms for judging a "good woman:"--that is woman as wife, as mother, and as homemaker appear to have been violated. The negotiation of access into an urban shelter for homeless and/or battered women provided a rich site for the study. The research was grounded in the assumptions of symbolic interaction …

Potential For Coastal Flooding Due To Coseismic Subsidence In The Central Cascadia Margin, Elson T. Barnett

Dissertations and Theses

Interpretations made from compilation of existing core and cutbank data for Oregon and Washington are used to evaluate the potential flooding impact from regional coseismic subsidence. Estimates of regional subsidence are based on tidal level indicators including plant macrofossils, peat development, and diatoms. A compilation of existing late Holocene stratigraphic records shows multiple burial events in all bays of Oregon, however some coastal sites in central Oregon show continuous submergence. Tests of tidal level indicators using modern Cascadia wetlands indicate that paleosubsidence can be estimated to 0.0 ± 0.5m, 1.0 ±0.5m, and 2 m ± 0.5m. An AMS date from …

Perceptions Of Stuttering Intervention Services Received At Portland State, Franklin Wayne Bender

Dissertations and Theses

As consumers become more knowledgeable and more demanding of accountability, health care workers, including speech-language pathologists, are being required to justify the effectiveness of their work by documenting the results of their treatment programs. There are different ways to measure treatment outcomes. Outcomes may be measured qualitatively and/or quantitatively. Qualitative or subjective outcomes are difficult to define and measure and few studies of this type have been reported in the literature. Because few studies have been reported in the literature regarding client satisfaction, this area was investigated in this research project. The focus of this project was to ascertain whether …

Purification And Characterization Of Catalase From Enterococcus Faecalis, Zhenghong Zhu

Dissertations and Theses

Catalase is an important biological enzyme that most organisms employ during aerobic growth to catalyze the decomposition of hydrogen peroxide, a toxic reduction product of oxygen, into water and molecular oxygen. Traditionally, the bacterium Enterococcus faecal is is considered to have no cytochrome system and to be catalase negative. However, certain strains of E. subsequent studies have shown that faecalis are capable of producing catalase when grown aerobically in a medium containing hematin.

The goals of this study were to purify and characterize catalase from a clinical strain of E. faecalis. The organisms were grown under aerobic conditions in a …

Simulating Migration Of Contaminated Sediments In The Lower Columbia Slough System, Min Chen

Dissertations and Theses

Recent screening-level risk assessment of Slough sediments initiated by the City of Portland identified five contaminated areas in the Slough as posing the greatest potentially significant risks to human health. These five areas were recommended for accelerated remedial action.

But one question remains, does the sediment contamination at these hot spots change over time in response to the changing Slough hydrodynamics? Specifically, will the contamination move or spread even before remedial action is taken? Will they still be there by the time when potential remedial action is taken? Will any new hot spots be created in response to nonuniform transient …

Sexual Intercourse : A Feminist Reading Of Strip Joint Discourse, Regina Marie Howard Yaroch

Dissertations and Theses

The discursively-constructed stereotype of stripper plays an important role in the ideology that sustains our system of sexual relations. This construction also interacts with and constrains the lived reality of actual women who earn their living in the stripping industry. This research attempts to examine this interaction by exploring the discourse that is generated by stripping industry participants. A long interview transcript is analyzed as a text to develop a feminist reading that focuses on the socio-cultural forces that make a particular story possible as well as necessary to tell. This story emerges, through the first-person account of a dancer-informant, …

Investigation Of Transactivation Of The Human C-Myc Gene By Herpes Simplex Virus Type 1, Xian Wu

Dissertations and Theses

The purpose of this investigation was to identify the regulatory elements involved in the transactivation of the human c-myc gene by herpes simplex virus type-1 (HSV-1). This study mainly focused on a major c-myc promoter P₂ (Fig. 1). Transient expression assays were carried out with a reporter plasmid, that contained either a wild type (+66wt c-myc) or mutant (+66 mt E2F, +66mt CT -I₂) c-myc promoter fused to the chloramphenicol acetyltransferase (CAT) gene, cotransfected with effector plasmids that contained the HSV-1 immediate early (IE) genes ( encoding IE proteins, ICP4, ICP0, ICP27). The transient expression assays revealed …

The Relationship Between Self-Monitoring And Organizational Training Effectiveness And Satisfaction, Joanna Wulbert

Dissertations and Theses

The present research explored the relationship between self-monitoring and training. It was hypothesized that high self-monitors' sens ivity to social cues would improve training satisfaction and learning. This study was divided into 2 parts; a field and a laboratory study. Nine trainees and 8 peer trainers participated in the field study and 75 undergraduate psychology students participated in the laboratory study. Due to the extremely small sample size of the field study, the results were not conclusive. In the laboratory study, trainers' that were categorized as high self-monitors were associated with higher satisfaction levels among trainees. However, self-monitoring was not …

Conflict Is Optional, Difference Is Not : Toward A Difference-Based Approach To Interpersonal Communication, James Arthur Gieseking Jr

Dissertations and Theses

An examination of the discussion of conflict in general, interpersonal and small group communication texts indicates that the conceptualization of conflict theory in the U.S. is increasingly dependent upon three theoretical pillars: the qualities of ubiquity, utility and necessity. A critical, deconstructive analysis of these operational characteristics in relation to the actual human experience of conflict reveals that they are more appropriately associated with the essential condition of difference, rather than conflict, and the concepts of conflict and difference are generally conflated in U.S. communication texts. The synergistic interaction of a variety of specific cultural constructs can be seen as …

The Effects Of Parental Involvement, Structure, And Autonomy Support On Children’S Help-Seeking And Problem-Solving Coping In School, Ronald Wayne Yoder

Dissertations and Theses

The effect of parenting on children's coping in school was investigated. Sixhundred and twelve children in grades three to five provided self-reports on four ways of coping, including help-seeking, concealment, strategizing and confusion, and the parenting dimensions of involvement, structure, and autonomy support. Psychometric analyses conducted on each dimension of parenting, resulted in reducing the number of parenting variables to two: involvement and structure/autonomy support. Correlational analyses found the predicted relations between children's experiences of parenting and their ways of coping in school. Multiple regressions indicated that only unique (positive) predictor of the two positive ways of coping (help-seeking and …