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1997

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A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr. Jan 1997

A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.

Faculty Scholarship

Divining the nature of future war is always problematic. President Eisenhower warned that "Every war is going to astonish you in the way it has occurred, and in the way it is carried out." The United States must, of course, be prepared to meet a wide range of contingencies. Paramount among them would be a threat posed by a "peer competitor," that is, a state capable of battling the United States with comparable forces employing largely orthodox tactics. Although it is almost certain that one will arise in the future, no nation exists today that can challenge America symmetrically as …


What’S Law Got To Do With It? The Political, Social, Psychological And Other Non-Legal Factors Influencing The Development Of (Federal) Criminal Law, Sara Sun Beale Jan 1997

What’S Law Got To Do With It? The Political, Social, Psychological And Other Non-Legal Factors Influencing The Development Of (Federal) Criminal Law, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Construction Of Race And Class Buffers In The Structure Of Immigration Controls And Laws, The Symposium: Citizenship And Its Discontents: Centering The Immigrant In The Inter/National Imigination: Part Ii: Section Three: Rethinking Agency: Global Economic Restructuring And The Immigrant, Tanya K. Hernandez Jan 1997

Construction Of Race And Class Buffers In The Structure Of Immigration Controls And Laws, The Symposium: Citizenship And Its Discontents: Centering The Immigrant In The Inter/National Imigination: Part Ii: Section Three: Rethinking Agency: Global Economic Restructuring And The Immigrant, Tanya K. Hernandez

Faculty Scholarship

In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a "White country" is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to …


Gender Differences In Biological And Sociological Predictors Of Crime, Deborah W. Denno Jan 1997

Gender Differences In Biological And Sociological Predictors Of Crime, Deborah W. Denno

Faculty Scholarship

One of the many goals of the Biosocial Study that I directed was determining whether there were gender differences among the numerous possible correlates of crime that the study examined. The purpose of my presentation today is to describe the Biological Study and its results, particularly as they relate to gender differences in crime. Another aim is to respond briefly to some of the potential political reactions to the study, despite its results. I will begin with a quick account of historical attitudes toward gender differences in crime. I will then discuss the Biosocial Study and its major findings relevant …


Music, Identity, And Images Of India In The Indo-Caribbean Diaspora, Peter L. Manuel Jan 1997

Music, Identity, And Images Of India In The Indo-Caribbean Diaspora, Peter L. Manuel

Publications and Research

Examines the role of one set of fragments in the identities of a diasporic population which is at once unique, and uniquely representative.


Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley Jan 1997

Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley

Faculty Scholarship

That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In …


Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green Jan 1997

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green

Faculty Scholarship

The Child Advocacy Clinic at Indiana University School of Law-Bloomington ("Indiana Clinic") takes as a premise that, in custody and visitation disputes, children may be best served by lawyers as guardians ad litem, rather than by lawyers qua lawyers, on one hand, or by nonlawyer guardians ad litem, on the other. In contrast, participants in a national conference at Fordham Law School' concluded two years ago that "[a] lawyer appointed or retained to serve a child in a legal proceeding should serve as the child's lawyer." That is, the lawyer should regard the child as a client, not a ward. …


Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson Jan 1997

Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson

Faculty Scholarship

In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …


Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, The , James A. Cohen Jan 1997

Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, The , James A. Cohen

Faculty Scholarship

Attorneys who represent possibly incompetent defendants charged with criminal conduct face difficult ethical issues, implicating professional duties of loyalty, zealous representation, and confidentiality-as an ethical question and as a matter of the law of evidence. The principles of agency underlying the attorney-client relationship are also implicated when the defendant's capacity is in doubt. In the ordinary criminal case, the client has at least implicitly authorized his lawyer's conduct. But if the defendant is impaired, the client may not have the mental capacity to authorize the attorney's actions. Defense counsel representing the possibly incompetent criminal defendant will often be the only …


Legal Coherentism, Benjamin C. Zipursky Jan 1997

Legal Coherentism, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.


Narration And Time In Pocho And ...Y No Se Lo Trago? La Tierra, Christopher W. Minster Jan 1997

Narration And Time In Pocho And ...Y No Se Lo Trago? La Tierra, Christopher W. Minster

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


On The Road With Missoula Children's Theatre, Morgan Sturges Jan 1997

On The Road With Missoula Children's Theatre, Morgan Sturges

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Investigation Of The Missoula Children's Theatre Process And How It Promotes The Aesthetic Development Of Children, Bruce Merrill Jan 1997

Investigation Of The Missoula Children's Theatre Process And How It Promotes The Aesthetic Development Of Children, Bruce Merrill

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Llamas At Home, On The Range And In The Therapist's Chair| Trends In The Llama Industry In Montana, Karen M. Chavez Jan 1997

Llamas At Home, On The Range And In The Therapist's Chair| Trends In The Llama Industry In Montana, Karen M. Chavez

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


"With All Deliberate Speed" : The Naacp And The Implementation Of Brown V. Board Of Education At The Local Level Little Rock Arkansas, Brian James Daugherity Jan 1997

"With All Deliberate Speed" : The Naacp And The Implementation Of Brown V. Board Of Education At The Local Level Little Rock Arkansas, Brian James Daugherity

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Nurse-Patient Relationships : The Function Of Social Support Verbal Immediacy And Nonverbal Immediacy With Aids Patients And Hospice Patients, Alicia Dawn Adkins Jan 1997

Nurse-Patient Relationships : The Function Of Social Support Verbal Immediacy And Nonverbal Immediacy With Aids Patients And Hospice Patients, Alicia Dawn Adkins

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Effects Of Therapeutic Storytelling And Behavioral Parent Training On The Problem Behaviors Of Children And On Parental Stress, Laura T. Painter Jan 1997

Effects Of Therapeutic Storytelling And Behavioral Parent Training On The Problem Behaviors Of Children And On Parental Stress, Laura T. Painter

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Development Of A Formalized Information Needs Assessment For Multiresource Inventories And Landscape Analysis, Renee Rene' Lundberg Jan 1997

Development Of A Formalized Information Needs Assessment For Multiresource Inventories And Landscape Analysis, Renee Rene' Lundberg

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Fellow Travelers: Cruising The Globe In Search Of Home Community And Hope For The Future, Richard Michael Stern Jan 1997

Fellow Travelers: Cruising The Globe In Search Of Home Community And Hope For The Future, Richard Michael Stern

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


An Outcome Study Of Integrative Couples Therapy Delivered In A Group Format, John David Wimberly Jan 1997

An Outcome Study Of Integrative Couples Therapy Delivered In A Group Format, John David Wimberly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


A Program Evaluation Of The Mental Health Program Tribal Health And Human Services Confederated Salish And Kootenai Tribes, Gyda Swaney Jan 1997

A Program Evaluation Of The Mental Health Program Tribal Health And Human Services Confederated Salish And Kootenai Tribes, Gyda Swaney

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Attitudes And Opinions Of Montana Residents About Montana State Parks, Karen E. Sargeant Jan 1997

Attitudes And Opinions Of Montana Residents About Montana State Parks, Karen E. Sargeant

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Great Hanshin-Awaji Earthquake And Japanese Information Technology, Hideto Masukawa Jan 1997

Great Hanshin-Awaji Earthquake And Japanese Information Technology, Hideto Masukawa

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


An Analysis Of Patient Case Records: Montana State Hospital 1920 To 1940, Bridget M. Hegeman Jan 1997

An Analysis Of Patient Case Records: Montana State Hospital 1920 To 1940, Bridget M. Hegeman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Anti-Democratic Effects Of America's Media : Putting Health Care Reform On Its Deathbed, Bruce R. Butler Jan 1997

The Anti-Democratic Effects Of America's Media : Putting Health Care Reform On Its Deathbed, Bruce R. Butler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Science And Art In Flux| The Interaction Between Chaos Theory And Alain Robbe-Grillet's Early Novels, Seth Buddy Jan 1997

Science And Art In Flux| The Interaction Between Chaos Theory And Alain Robbe-Grillet's Early Novels, Seth Buddy

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Self-Help Guide Pertaining To Burnout And The Athletic Trainer, Chris J. Heard Jan 1997

Self-Help Guide Pertaining To Burnout And The Athletic Trainer, Chris J. Heard

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Serious Jesting| A Close Inspection Of The Smith-Adams Epistolary Courtship Based On Their Early Love-Letters, 1762--1764, Alaric Miller Jan 1997

Serious Jesting| A Close Inspection Of The Smith-Adams Epistolary Courtship Based On Their Early Love-Letters, 1762--1764, Alaric Miller

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Sports Aggression| An Ethical Perspective, Robert Greene Jan 1997

Sports Aggression| An Ethical Perspective, Robert Greene

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Analysis Of The Effect Of Environmental Science Education On Student Attitudes, Anthony Mele Jan 1997

Analysis Of The Effect Of Environmental Science Education On Student Attitudes, Anthony Mele

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.