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Operational Report 1997, University Of Montana--Missoula

University of Montana Annual Financial Reports, 1918-2012

University of Montana annual financial report for fiscal year ending June 30, 1997.

The Leaders Of The Future: A Call To Action For Higher Education, Deirdre L. Hennessey

Critical and Creative Thinking Capstones Collection

The purpose of this thesis is to create a plan for a college or university to use in designing a program of leadership development for students. The study begins at the first stages, discussing the role of higher education as a producer of leaders. It is argued that it is the responsibility of higher education to promote leadership and actively cultivate leaders as part of its mission. Leadeship is defined and the fundamentals of the thesis are explained. Personal and creative potential are explained as the foundation of any leadership program. These qualities are discussed, and methods of teaching these …

An Immigration Unit: Appreciation And Tolerance, Linda A. Dacorta

Critical and Creative Thinking Capstones Collection

In a pluralistic society like America, some of the most important dispositions for students to develop are open-mindedness, tolerance, and a valuing of the contributions of persons from a variety of different backgrounds. In this interdisciplinary unit entitled: An Immigrations Unit Appreciation and Tolerance, I offer one set of procedures by which to develop these dispositions along with other significant learnings in critical and creative thinking. Following a description of the fifth grade suburban classroom setting in which I did the work, I offer a selective review of relevant literature in the field of in order to detail my conceptual …

20 Questions Toward Better Thinking: A Look At Internet Based Learning, Robert B. Mendelsohn

Critical and Creative Thinking Capstones Collection

New technology and good teaching practices must be combined to produce the most up-to-date and effective Internet-based learning. Critical and creative thinking techniques incorporated with technological enhancements will stimulate better comprehension of a variety of resources including in Internet-based learning. Two key concepts of critical and creative thinking that I focus on are Metacognition and Frame of Reference. Metacognition is the self-awareness of one’s thought process. It includes knowing why one makes decisions, what factors contribute to a choice, and why the opposite decision was not chosen. While most people disregard or ignore metacognition it can have numerous positive effects …

The Cultivation Of Thinking Dispositions In Grades Three And Four, Linda L. Taylor

Critical and Creative Thinking Capstones Collection

Thinking dispositions are the internal motivation for thinking critically and creatively. Successful critical thinkers use theirs without another person directing them to use the skills. Many individuals, having acquired these skills, fail to use them. Tishman and Perkins suggest that inadequate development of the dispositions necessary to invoke the thinking skills account for the second behavior. In my work as an enrichment specialist, I have found support for this view. In this paper I present a case study of my work with third and fourth grade students, which focuses on developing the attitudes and dispositions needed for successful critical and …

Vol 42 #3, Heidi M. Nickisch

MPLA Newsletter

No abstract provided.

The Murray Ledger And Times, December 1, 1997, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Inclusive Production Of Neutral Pions In Hadronic Z Decays, R. Barate, M. Thulasidas

Research Collection School Of Computing and Information Systems

A measurement of the inclusive production of π0 mesons in hadronic Z decays is presented and compared to Monte Carlo model predictions. The analysis is based on approximately 2 million hadronic events recorded with the ALEPH detector at LEP at a centre-of-mass energy of ⊡s = 91.2 GeV. Neutral pions are reconstructed using photons measured in the electromagnetic calorimeter and photons from conversion pairs. The inclusive π0 momentum spectrum is measured in the range 0.025 x p = p/p beam 0 per hadronic Z is found to be 4.80 ± 0.07(stat) ± 0.31(sys). The differential inclusive π0 cross section is …

Narrative Development In Late Talkers: Early School Age, Rhea Paul, Rita Hernandez, Lisa Taylor, Karen Johnson

Communication Disorders Faculty Publications

Children with slow expressive language development (SELD) as toddlers and a control group of children with normal language development (NL) were followed to early school age. Children with SELD were, at that point, subdivided into two groups: those who had moved within the normal range of expressive language (the History of Expressive Language Delay [HELD] subgroup); and those who continued to score below the normal range in expressive language at school age (the Expressive Language Delay [ELD] subgroup). During their kindergarten, first, and second grade years, they were administered a narrative generation task. Narratives were analyzed for MLU, lexical diversity, …

The V-Chip And The Constitutionality Of Television Ratings, Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, Thomas Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Conflict Resolution: Towards Problem Solving, John W. Burton

Peace and Conflict Studies

Excerpt

From earliest times human societies, like those which proceeded them, have been subject to rule by the relatively strong. In contemporary legal terms there have been "those who have a right to rule, and others who have an obligation to obey." Feudal societies, then industrial societies, had structures that reflected these we-they relationships based on relative power.

Ethnic Boundaries And The Margins Of The Margin, Bent D. Jφrgenson

Peace and Conflict Studies

The theme of this paper is on one of the most elementary questions in the study of ethnicity and nationalism, namely how to approach and assess ethnic boundaries'. Should we perceive them as an advantageous or a pernicious tool in politics? To answer that question, we need a reference point; advantageous or pernicious in relation to whom? I will here use those people(-s) who are so marginalized that their voices are practically silenced, and the way in which the political reconstruction, conversion, or deconstruction of ethnic boundaries is favorable or not to them; the margins of the margin. Do ethnic …

Securitised Ethnic Identities And Communal Conflicts, Tarja Väyrynen

Peace and Conflict Studies

Excerpt

The paper is inspired by Ernesto Laclau's (1996, p. 46) observation of the terrain into which history has thrown us. The terrain is characterised by: [...] the multiplication of new--and not so new--identities as a result of the collapse of the places from which the universal subject spoke--explosion of ethnic and national identities in Eastern Europe and in the territories of the former USSR, struggles of immigrant groups in Western Europe, new forms of multicultural protest and self-assertion in the U.S., to which we have to add the gamut of forms of contestation associated with the new social movements.

Risk-Utility Analysis In The Failure To Warn Context, Paul D. Rheingold, Susan B. Feinglass

University of Michigan Journal of Law Reform

Elsewhere in this Symposium issue, Professor Mark Geistfeld presents an argument favoring the application of risk-utility analysis to the duty to warn doctrine encompassed by the Restatement (Third) of Torts. In addition, the comments and the reporters' notes to the Restatement (Third) suggest altering the traditional duty to warn if the warning would cause "information overload," if the danger is "open and obvious," or if the danger applies to only a small percentage of potential customers.

In response to Geistfeld and the Restatement (Third) comments and notes, Rheingold and Feinglass assert that applying a risk-utility analysis or altering the …

Liability Of Suppliers Of Natural Raw Materials And The Restatement (Third) Of Torts: Products Liability- A First Step Toward Sound Public Policy, M. Stuart Madden

University of Michigan Journal of Law Reform

From its inception, the law governing liability for damage or injuries caused by defective products has pertained to potential liability for products that have been processed, finished, or fabricated. Naturally occurring raw materials, for the most part, have been considered beyond doctrinal concern, largely because characterizing a merchantable raw material, such as copper or pigiron, as defective is conceptually difficult. Nevertheless, certain doctrines that developed for the application of products liability to other products have gained sporadic application to naturally occurring raw materials, including the sophisticated purchaser defense, the bulk supplier defense, and the ingredient supplier defense. Madden argues that …

Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin

University of Michigan Journal of Law Reform

Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.

Risk-Utility Balancing In Design Defect Cases, David G. Owen

University of Michigan Journal of Law Reform

Design defectiveness is generally defined in terms of a risk-utility balance, the form of liability test adopted by the Restatement (Third) of Torts: Products Liability. However, confusion abounds in how courts formulate such balancing tests. A national survey of recent appellate court decisions reveals that courts generally define the balance in terms of the product's risks and utility, a formulation which appears to call for weighing the product's global costs against the product's global benefits. So defined, the design defect test is incorrect. What appellate courts mean for juries to decide, and what juries ordinarily do in fact decide, …

Regulatory Standards And Products Liability: Striking The Right Balance Between The Two, Teresa Moran Schwartz

University of Michigan Journal of Law Reform

Common law courts have a long tradition of borrowing legislative and regulatory standards to define standards of care under the tort system. Treating such standards as setting minimum levels of care and safety under tort law, the courts uniformly have ruled that violations of standards constitute negligence per se, while compliance is merely evidence of negligence. Although critics of the tort system have urged legislatures and courts to adopt rules giving greater weight to regulatory compliance in products liability cases, the drafters of the Restatement (Third) of Torts: Products Liability have declined to do so. They have adopted instead an …

Inadequate Product Warnings And Causation, Mark Geistfeld

University of Michigan Journal of Law Reform

The market failure that provides an economic justification for imposing tort liability on product sellers for design and manufacturing defects also justifies tort liability for inadequate warnings. In general, the liability standards proposed in the most recent draft of the Restatement (Third) of Torts: Products Liability have the potential to remedy this market failure, although this purpose is not furthered by the Draft's requirement that plaintiffs prove that an adequate warning would have prevented the injury. Unless courts presume causation (as most currently do), sellers will not have sufficient incentive to warn about unavoidable product risks. Moreover, there is no …

Timmy Tumble V. Cascade Bicycle Co.: A Hypothetical Case Under The Restatement (Third) Standard For Design Defect, Hildy Bowbeer, Todd A. Cavanaugh, Larry S. Stewart

University of Michigan Journal of Law Reform

These briefs were written for a hypothetical design defect case. Bowbeer and Cavanaugh argue for, and Stewart argues against, the adoption of the Restatement (Third)'s reasonable alternative design standard and the rejection of the Restatement (Second)'s consumer expectations test in the hypothetical State of Hutchins. The authors discuss the relative merits of the two tests, as well as the status to be accorded to Restatement standards in general. To do so Bowbeer, Cavanaugh, and Stewart rely upon precedent from other jurisdictions, one hypothetical Hutchins case, and various policy arguments advanced in the deliberations about adopting the new Restatement. In …

Statutory Compliance And Tort Liability: Examining The Strongest Case, Michael D. Green

University of Michigan Journal of Law Reform

Professor Green addresses the matter of the proper balance between the tort system and regulation in the context of prescription drugs and the FDA's vigorous oversight of the industry. He articulates several reasons why a regulatory compliance defense, in which tort law would defer to FDA regulation, is quite attractive. Despite the superior expertise of the FDA in assessing the benefits and risks of a drug, a regulatory compliance defense is considerably more problematical than might appear at first glance. Ascertaining compliance with FDA requirements could be a lengthy and complicated inquiry that would either replace or supplement the issues …

"Making Hegel Talk English" — America's First Women Idealists, Dorothy G. Rogers

Department of Religion Faculty Scholarship and Creative Works

No abstract provided.

Anthroposophic Perspectives In Primary Care, Ira S. Cantor Md, Steven Rosenzweig Md

Department of Emergency Medicine Faculty Papers

A core challenge of contemporary medicine is to integrate the technological successes of biomedical science with a comprehensive under-standing of the physical, psychosocial, ecological, and spiritual dimensions of health and illness. Toward this end, bridges are being created between conventional medicine and alternative systems of healing which reflect a holistic model of the human being. Even when both conventional and complementary approaches are used side-by-side in the same patient, they remain separate in their basic assumptions and goals. Today's mechanistic disease model is cut off from such notions as life-energy, consciousness, and spirituality, so integral to many alternative paradigms. Anthroposophically …

Technical Default, Auditors' Decisions And Future Financial Distress, Michael S. Wilkins

School of Business Faculty Research

A study was conducted to examine auditors' responses to first-time debt covenant violations and to assess whether these responses can be employed to forecast financial distress. Data were drawn from a sample of 159 companies traded on the NYSE/AMEX or NASDAQ that had initial default dates ranging from 1978 to 1988. The findings reveal that auditors are more likely to need debt reclassification when the violations are not waived by lenders. However, the waiver decision does not seem to significantly affect the auditor's qualification decision. For companies experiencing technical default, the audit option is an important determinant of future financial …

Holmes' Failure, Louise Weinberg

Michigan Law Review

I have just set down the March 1997 Harvard Law Review, with its centennial celebration of Oliver Wendell Holmes' The Path of the Law. The Path of the Law is a grand thing, in my view Holmes' best thing. But just the same, I find myself surprised that on this occasion none of its celebrants raised what has always seemed to me a weakness of the piece, and of Holmes' much earlier book, The Common Law. This is a weakness that is at once a reflection and a forecast of the failure of its author. Writers today do seem to …

Foundations Of Object-Based Specification Design, David March Fleming

Graduate Theses, Dissertations, and Problem Reports (ETD)

To enhance applicability and encourage its use, a component or a component-based system must have a well-designed set of interface features as well as a proper explanation of these features. The dual problem of designing a suitable set of interface features in addition to properly explaining its behavior is termed the specification design problem. This dissertation identifies observability, controllability, and a performance-motivated pragmatic criterion as essential properties of desirable formal specifications for reusable object-based software components. The pragmatic criterion guides the design of component interfaces and component libraries to a suitable set of features so that they are widely applicable, …

Digital Science: Electronic Association And Groupware In Facilitating Third Sector Research, Roger A. Lohmann

Faculty & Staff Scholarship

In thinking about the application of computers and the internet technology to problems of association, collaboration and civil society we need to get beyond the current state of mimicking existing social processes and discover new ways to extend and enhance those social processes.

A Parallel Algorithm For Determining Orientations Of Biological Macro- Molecules Imaged By Electron Microscopy, Timothy S. Baker, Ionana M. Boier Martin, Dan C. Marinescu

Department of Computer Science Technical Reports

No abstract provided.

A Comparison Of Partial Coherence And Singular Value Partial Field Decomposition In The Context Of Nearfield Acoustical Holography, J. Stuart Bolton, Hyu-Sang Kwon, J. K. Hammond

Publications of the Ray W. Herrick Laboratories

No abstract provided.