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Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine

Articles

One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …

The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander

Seattle University Law Review

Professor William Van Alstyne has been a prolific and influential scholar, discussing First Amendment questions throughout his career. He has authored dozens of law review articles that are frequently cited in varying contexts, including at least twenty cites in U.S. Supreme Court opinions. He also has done what few others have done with his scholarly agenda by writing consistently and powerfully on the major aspects of the First Amendment – Free Speech, Press, and Religion – and their interrelation. He has added to his numerous contributions by providing a thorough and insightful casebook, First Amendment Cases and Materials, which …

Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell

Seattle University Law Review

The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …

The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos

Seattle University Law Review

This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …

Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter

Seattle University Law Review

This article begins by surveying the evolution of tort doctrine and the "no duty to act" rule. It then proceeds to examine current theories of employer liability in the referral and hiring context and moves on to trace the history of the negligent employment referral claim. Next, this section scrutinizes the Muroc decision and ends with a brief discussion of the future of negligent employment referral. Section III begins by exploring the implications of nondisclosure of reference information for both tort policy and tort doctrine. It then proposes an affirmative duty of disclosure as a solution by amalgamating the reasoning …

Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson

Seattle University Law Review

This Survey, as did the previous Surveys, summarizes the predominant treatment of search and seizure issues under the Fourth Amendment and under article I, section 7 of the Washington State Constitution to the extent that this state's provision is interpreted differently from the federal provision. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues.

Backlog 1998, Lipscomb University

Backlogs and Other Yearbooks

The 1998 Lipscomb University Backlog yearbook.

"The More Speeches I Gave, The Better It Got:" Reflections On Managing Highly Apprehensive Students, Marsha Clowers

Iowa Journal of Communication

There is no singular method of immediately and permanently dispensing with anxiety about public communication. The pedagogical strategies described in this thought piece, however, when used in a receptive environment and combined with the essentials of public speaking training can, given time, help students appreciate the thrill of public speaking. In my experience, individual attention outside of class and constructive group criticism during class do much to ease highly apprehensive students. This narrative contains my reflections on working with just such a group.

Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman

Articles

In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …

Successful Teaching In The Distance Learning Setting: Advice From The Experienced, Mary Bozik

Iowa Journal of Communication

Teaching a class in a two-way interactive video setting requires the adaptation of familiar teaching strategies and the development of new ones. This becomes significant since Iowa is one of the states leading the way in the use of interactive technology at all educational levels with the development of the Iowa Communications Network (ICN). In a January 1998 communication from Iowa's Telecommunications Area XV, we're told that:

As of Nov. 18, 1997, the ICN boasted 515 distance education classrooms across the state. Of these, 261 were located at K-12 schools, 84 at Community Colleges, 24 at Regent Universities, 13 at …

"Real-World" Grading: An Application, Keith T. Hardeman

Iowa Journal of Communication

As opposed to simply preparing students to take our exams, one response might be to furnish lifelike hands-on experiences which help demonstrate what the corporate world is really like, while still providing exposure to the liberal arts. I have done so by eliminating letter grades in my professional communication course and substituting them with a series of "pay raises and promotions," depending on the student's class performance. A course such as business and professional communication is really the ideal setting for this grading system, but, conceivably, it could be employed for virtually any class. This approach may not be as …

A Status Report On Theatre Programs In Iowa's Community Colleges, Sarah Schaefer

Iowa Journal of Communication

Iowa has a strong tradition of supporting the arts in its school systems. This can be seen in the theatre programs that enable thousands of secondary students to participate in competitions, musicals and plays. In their study of the status of speech and theatre education in Iowa's high schools, Erbert and Trank report that their data revealed that there continues to be "strong participation in speech and theatre programs statewide" and that there is "strong support for speech and theatre programs by school administration" (29). This support continues into Iowa's community colleges as can be seen from the fact that …

Learning Contracts In The Study Of Communication, Marvin D. Jensen

Iowa Journal of Communication

A learning contract can be constructed at the beginning of a collegiate course of study in communication and reviewed at the end. Such contracts encourage a serious and purposeful approach to undergraduate study. They also allow students a means of assessing their own achievements and provide the faculty one means of evaluating the curriculum.

Psychosocial And Sociocultural Factors Associated With Cross-Cultural Adaptability, Pamela Plunk Kerouac

UNF Graduate Theses and Dissertations

This survey study examined a set of psychosocial and sociocultural variables to determine if there were any significant group differences in responses to an instrument that measured crosscultural adaptability among urban high school teachers. A goal of this study was to evaluate the effects of sociocultural experience and the perceived coping efficacy measures of cross-cultural adaptability. This study sought insight into the relationship between teachers' previous experiences and their perceived instructional and cross-cultural efficacy. Using a survey research design that included a Personal Data Questionnaire and an instrument developed by Kelley and Meyers ( 1992), the Cross-Cultural Adaptability Inventory (CCAI), …

An Exploration Of The Use Of Push Technology In A Consortium For Electronic Publishing, Anna H. Perrault, Vicki L. Gregory

School of Information Faculty Publications

No abstract provided.

Expansion Of Epidemic Dengue Viral Infections To Pakistan, R E. Paul, A Y. Patel, S Mirza, S P. Fisher-Hoch, S P. Luby

Community Health Sciences

Objectives: Antibodies to dengue viruses have occasionally been reported in individuals in Pakistan, but the frequency of occurrence of dengue infection in Pakistan is unclear. The first confirmed dengue hemorrhagic fever outbreak in Pakistan occurred in 1994. In October 1995, the authors investigated an outbreak of a febrile illness among employees of a construction contractor at a power generation plant in Baluchistan, Pakistan, to determine the cause of illness and recommend appropriate preventive measures.Methods: The work site and living arrangements were inspected, a questionnaire was administered, and serum samples were collected from all consenting contractor employees and their families if …

Keeping The Wto From Becoming The "World Trans-Science Organization": Scientific Uncertainty, Science Policy, And Factfinding In The Growth Hormones Dispute, Vern R. Walker

Hofstra Law Faculty Scholarship

In Part I of the Article, I analyze the relevant provisions of the SPS Agreement. In that context, I examine the distinction between risk assessment and risk management, as well as the concepts of scientific uncertainty and science policy. Part II sets forth my proposal for how the WTO should review the sanitary measures established by members. The focus of attention is the fact-finding process in dispute settlement proceedings and, in particular, the substantive issues that should come before a panel, the evidence that a panel should consider, and the proper standard and burdens of proof. Finally, in Part III, …

Explanatory Model Of Sexual Risk Behavior And Sexually Transmitted Disease Prevalence In Incarcerated African-American Male Youth., Robert Paul Pack

All ETDs from UAB

No abstract provided.

Analysis And Characterization Of The Metabolic And Morphologic Responses To Uniaxial Deformation Of Osteoblasts Cultured On Ti-6al-4v., Deborah F. Rigsby

All ETDs from UAB

No abstract provided.

The Effective Teaching Characteristics Of Monolingual English-Speaking Elementary Teachers With Limited English Proficient Mexican Children In Their Regular Classrooms., Leah Hughes Robbins

All ETDs from UAB

No abstract provided.

A Family Of Confluent Hypergeometric Distribution., Akbar Ali Zaidi

All ETDs from UAB

No abstract provided.

Prenatal Drug Exposure: An Examination Of Cognitive, Language, And Social Skills., Rhonda Chantelle Conerly

All ETDs from UAB

No abstract provided.

On The Cortical Locus Of Implicit And Explicit Memory: An Ablative Lesion Study In Humans., Melissa Celia Dillon

All ETDs from UAB

No abstract provided.

Genetic Analysis Of The M2 Gene Of Respiratory Syncytial Virus., Richard William Hardy

All ETDs from UAB

No abstract provided.

Language Literacy Development In A Community Of Second-Grade Learners., Margaret Taylor Stewart

All ETDs from UAB

No abstract provided.

Hiv-1 Infection And T Lymphocyte Migration Into The Intestine., James Edmond Cummins

All ETDs from UAB

No abstract provided.

Crystal Structures Of Complement Factor D, Profactor D, And Factor B Serine Protease Domain Reveal Novel Mechanisms Of Serine Protease Activation., Hua Jing

All ETDs from UAB

No abstract provided.

Measurement Of Maximal Oxidative Phosphorylaton In Skeletal Muscle By (31)P-Mrs: Reliability, Cross-Validity, And Application To The Study Of Obesity., Dawnine Enette Larson

All ETDs from UAB

No abstract provided.

Consumer Protection In A Managed Care World: Should Consumers Call 911, David A. Hyman

Villanova Law Review (1956 - )

No abstract provided.

Mw 705 Judaism And Islam: Religious Studies For Christian Mission I, A. H. Mathias Zahniser

Syllabi

J. H. Bavinck, An Introduction to the Science of Missions . Trans. David H. Freeman. Philadelphia, PA: Presbyterian and Reformed Publishing Company, 1960. Distributed by Baker Books, Grand Rapids, Michigan. Part two is required reading and is included in your readings packet. Crim, Keith, et al., eds. Perennial Dictionary of World Religion. 1990 ed. Suzanne Haneef, What Everyone Should Know about Islam and Muslims. Chicago: Kazi Publications, 1982. This whole book is to be read by all students. Yehezkel Kaufmann, The Religion of Israel: From its Beginnings to the Babylonian Exile . Trans. and abridged by Moshe Greenberg. Chicago: University …