Digital Commons Network^™

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.

"Cleft Of Light"| The Divided Female Subject In Adrienne Rich's "Twenty-One Love Poems", Sheila Fiona Black

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

American History And Government Textbooks, National Education Standards, And The Making Of The United States Constitution, Ray J. Curtis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Organizational Culture| A Perspective That Yields Dividends, M. Jane Redeau-Ogle

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Health-Related Information Found In Consumer Disability Magazine Advertisements, Rita K. Fjeld

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

I Am The Strongest Woman You Know, Paula Payne

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Law And Language: An Empirically-Based Model For The Opening Moments Of Client Interviews, Gay Gellhorn

Clinical Law Review

This paper presents a model for lawyer-client interaction in the opening moments of an initial encounter. The model is derived from empirical data- videotaped and transcribed law student-client and attorney-client first interviews- which demonstrate that clients reveal critical self-information in their opening words, regardless of when those words occur and regardless of the legal interviewer's role in eliciting them. This information usually is not acknowledged by legal interviewers, with negative consequences. Failure to hear and see affects the legal interviewer's ability to form a relationship with a client, to comprehend the full range of information the client needs to share, …

What If There Is No Client: Prosecutors As Counselors Of Crime Victims, Stacy Caplow

Clinical Law Review

As a teacher in a criminal practice-based clinic, I often feel like an eavesdropper on the discourse among clinicians about lawyering skills and professional values. Both the context of, and the language describing, criminal law practice, are sufficiently different from civil practice to make it difficult to teach many of the lessons and approaches developed in traditional texts used in clinical education, particularly those concerned with client-counseling. The dissonance between the sounds heard in a criminal and civil practice was loud when I was teaching a criminal defense clinic. When I moved on to teach an in-house prosecutor's clinic, the …

Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems?, Jonathan M. Hyman

Clinical Law Review

Can lawyers become mediators? Imagine a meeting between a lawyer and a client, discussing a legal dispute that has brought the client to the lawyer's office. Imagine, too, that the lawyer has dutifully informed the client about the various options that are available for handling the dispute, ranging from one end of the spectrum - adversarial litigation - to the other - mediation. Indeed, some court rules, and even some ethics standards, ask lawyers to inform their clients of the various methods available to resolve the clients' disputes, including mediation. The lawyer is skilled and candid. She accurately and wholeheartedly …

Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin

Clinical Law Review

In 1986, Robert Condlin published an article, now somewhat notorious in clinical circles, entitled "Tastes Great, Less Filling": The Law School Clinic and Political Critique. There he attacked in-house clinical programs for failing to provide a political critique of lawyering. Political critique, he suggested, requires a critical theory, defined as "views on the nature of a fair and just legal system and the role of lawyer practices in operating and improving it." The paramount goal of clinical instruction is such critique, and without it, clinics "will remain relegated to training tasks not considered important enough over the long run by …

Flexible Paradigms And Slim Course Design: Initiating A Professional Approach To Learning Advocacy Skills, Marcus Soanes

Clinical Law Review

Professional training programs in England seek to prepare students for a life-long journey of development in the world of practice. The aim is high, the students have much to learn and the tutors have a lot to teach. Many decisions have to be made about course content and the structure, form and method of the educational program. As part of the planning strategy the course designers have to ask themselves and others fundamental questions about the nature of the legal profession and the role of the lawyer in society. The answers to two such fundamental questions have influenced the way …

Understanding Casablanca: A Values-Based Approach To Legal Negotiations, Roy Stuckey

Clinical Law Review

The central thesis of this Article is that each party's desire to attain personal happiness underlies all decisions in negotiations. While this paradigm does not resolve all of the uncertainties about negotiations, it does provide a simple reference point that can help us understand what the parties to a negotiation want, expect, and are willing to accept. It can also help us develop and employ effective strategies and tactics. The objective of all negotiators is to obtain satisfactory outcomes. As lawyers, we have a professional responsibility to try to maximize our clients' satisfaction with the results of negotiations. This requires …

Clients' And Students' Stories: Avoiding Exploitation And Complying With The Law To Produce Scholarship With Integrity, Nina W. Tarr

Clinical Law Review

The students sit in the clinic shaking their heads over their client's situation. The professor joins in the discussion and some other students gather around to hear the story, to add their comments and to assist in developing strategy. The next day, the professor listens while the students counsel the client who tells them some additional facts and looks worried. They step into the courtroom where the opposing counsel and judge waltz through the proceedings like old dance partners while the students make an excellent effort to keep up. On the way back to the law school, the professor and …

Submission Of The Clinical Legal Education Association To The Supreme Court Of The State Of Louisiana Concerning The Review Of The Supreme Court's Student Practice Rule, Suzanne J. Levitt, Kim O'Leary, Barbara Bucholtz, Mark J. Heyrman

Clinical Law Review

Although the history of modern clinical education is generally traced only to the 1960's, in fact, clinical education has its roots in the apprenticeship system of the late 1800's. The apprenticeship system, however, had serious drawbacks and, by the 1930's, legal educators were proposing that law schools develop in-house clinical programs. In clinics, students could work on real cases under the supervision of an attorney/teacher. The idea, in a nutshell, was to provide a place for students to practice their skills while preparing them to deal with the association between law and facts, client interactions and, importantly, to assist them …

The Book Of Margery Kempe: Religious Discourse And The Carnivalesque Woman, Kathryn Summers

Quidditas

Both during her lifetime and since the full manuscript of her forceful autobiography was discovered, no one has quite known what to do with Margery Kempe. Even her staunchest contemporary supporters occasionally lost patience with her or worried that they had inadvertently allied themselves with the wrong side in the divine conflict. Margery followed all the conventional Christian forms: she passed repeated ecclesiastical trials for orthodoxy with flying colors; she went on all the right pilgrimages; she said numberless prayers and took countless communions; even her crying fits and most of her visions have been shown to reflect the experiences …

Allen D. Breck Award Winner (1998): "The City's Usuries": Commerce And Cymbeline, Goran V. Stanivukovic

Quidditas

Scholarship on early modern masculinity and male sexuality has not considered Cymbeline at any great length. Yet Cymbeline is jammed with men embroiled with the difficulties of the quest for national identity, a quest connected with the complications of shaping man's erotic identity. In Cymbeline the construction of masculinity depends upon one man's measuring of himself against another man, for example, Posthumus against Iachimo, Cloten against Posthumus; of one male community against another, of Romans against Britons. It has been a traditional tendency of gender-oriented criticism to interpret male subjectivity in Cymbeline as part of the process of forging British …

In Their Own Words: Newspaper Soundbite Lenths In The 1956 And 1996 Presidential Elections, Brian Blake

Sigma: Journal of Political and International Studies

No abstract provided.

Editor's Introducation: Fictionary, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

Introduction to the current issue, including editor's picks. Peterson examines “terminological trickiness” and lexical games, particularly as A. A. Howsepian employs them in a recent article in the distinguished journal Religious Studies.

Tolerance And Antisemitism: Reflections Of Post-War America In The Films "Crossfire" (1947), "Gentleman's Agreement" (1947) And "Oliver Twist" (1948), Susan Rips Paley

Student Work

This thesis explores conscious liberal tolerance attitudes in America after World War II. Its specific focus is antisemitism, and it utilizes Hollywood films Crossfire (1947), Gentleman's Agreement (1947) and the British Oliver Twist (1948) as the context for analysis. The origins of classical antisemitism are examined, as well as the history of antisemitism in England and America. American societal attitudes towards Jews are discussed and depictions of Jews in American films until 1947 are presented. The story and dialogue of each film is introduced, followed by the filmmakers' rationale for championing their films. Prerelease objections and concerns are addressed, and …

Classroom Assessment And Grading Practices: A Review Of The Literature, James H. Mcmillan, Daryl Workman

MERC Publications

This review of literature is an analysis of completed research on the nature and effect of classroom assessment practices and grading. In recent years the assessment of student performance has become a central focus of efforts to reform education (Cizek, 1997). Policy-makers have increasingly seen assessment as a measure of student and school accountability, influencing curriculum and teaching. At the center of this movement is the classroom teacher. It is the teacher who communicates standards and expectations through the assessments students experience, and it is the teacher who makes decisions daily about what students learn. Classroom assessments, because students experience …

Peptideaccumulation And Bitterness In Cheddar Cheese Made Using Single-Strain Lactococcus Lactis Starterswith Distinct Proteinase Specificities, Jeff Broadbent, M. Strickland, B. Weimer, M. E. Johnson, J. L. Steele

Nutrition, Dietetics, and Food Sciences Faculty Publications

This study investigated peptide accumulation and bitterness in reduced- and full-fat Cheddar cheeses that were manufactured with single-strain Lactococcus lactis starters that had distinct cell envelope proteinase specificities. Micellar electrokinetic capillary electrophoresis of aqueous cheese extracts detected three large peaks, designated O, P, and Q, that eluted with peptide standards and increased in area during cheese maturation in a pattern that was distinct for each starter. Regression analysis of bitter flavor scores from trained sensory panels and individual OQ peak areas suggested that peaks P and Q had a negative and positive correlation, respectively, to this defect. Then, HPLC, capillary …

The Lawyer As Teacher: The Role Of Education In Lawyering, Kimberlee K. Kovach

Clinical Law Review

An important part of the lawyer's professional work involves teaching people about the law and the legal system. Consequently, courses, educational programs and extracurricular activities within law schools should incorporate this task. Although opportunities for the law student to acquire teaching experience exist within established clinics and classes, law schools may also want to consider the creation of separate classes or clinics concentrating on the lawyer's role as a teacher. Education and the law are intertwined in a number of ways. Education directly influences the legal system. In order to become a lawyer, one must go to law school for …

Medical Paradigms For Counseling: Giving Clients Bad News, Linda F. Smith

Clinical Law Review

The paradigm of a professional delivering "bad news," while not current in legal counseling, has become an important paradigm in the medical world. Medical professionals see counseling as typically beginning with a diagnosis; and sometimes that diagnosis is upsetting to the patient. Hence oncologists tell patients of their cancer, geneticists tell parents their infant has Down syndrome, and emergency room staff tell relatives about accidents and death. Usually these medical professionals also offer choices- choices among therapies, pain management techniques and support systems. But before the counselor offers alternatives, she must deliver the "bad news." This paper draws upon the …

Preparing Students For The Profession: Clinical Education, Collaborative Pedagogy, And The Realities Of Practice For The New Lawyer, Catherine Gage O'Grady

Clinical Law Review

Legal education is currently taking tentative steps beyond teaching lawyering skills toward a focus on professional collaborative relationships and human interactions. To this end, many legal educators have embraced a pedagogy that values student collaboration. Clinical education in particular has been praised for providing students with numerous opportunities to work collaboratively, and clinical educators have generally recognized the benefits of collaborative pedagogy to prepare students for the practice of law. Few educators, however, have asked whether collaborative pedagogy in a law school clinic adequately prepares students to face the power differentials and conformance pressures that do not exist in most …

Submission Of The Association Of American Law Schools To The Supreme Court Of The State Of Louisiana Concerning The Review Of The Supreme Court's Student Practice Rule, Jorge Deneve, Peter A. Joy, Charles D. Weisselberg

Clinical Law Review

The Association of American Law Schools (AALS) is a nonprofit educational organization that has as its purpose "the improvement of the legal profession through legal education." The AALS was formed in 1900, under the auspices of the American Bar Association (ABA). The AALS is recognized by the Council for Higher Education Accreditation as the national accrediting agency for law schools. AALS members are required to meet standards of accreditation promulgated by the Association. Of the 181 ABA-approved law schools in this country, 160 have met these standards and have become members of the AALS. The AALS serves the legal community …

Annual Review Of The World Pheasant Association 1997/1998, World Pheasant Association

Galliformes Specialist Group and Affiliated Societies: Reports and Other Materials

Chairman's report, Richard P. Howard

Annual report of Council 1997/98

Chapters and Affiliate reports

Pheasant Specialist Group report, Peter J. Garson

Treasurer's annual report and account, Ian F. Hoggarth

Partridge, Quail and Francolin Specialist Group report, John P. Carroll

Grouse Specialist Group report, Ilse Storch

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

Cracid Specialist Group report, Daniel M. Brooks and Stuart D. Strahl

WPA-South Asia Regional Office, Rahul Kaul

Ecology and conservation of the Moluccan megapode in Halmahera, Gillian C. Baker, Helen Crudgington, Hujaima Cein, and Halim Mahmud

Sichuan hill-partridge forest conservation project: Report on the 1997 field …

Indigenous Peoples And International Law Issues, S. James Anaya

Publications

No abstract provided.

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes

Publications

This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an unfair burden on …

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.