Digital Commons Network^™

Would Adr Have Saved Romeo And Juliet?, Pam Marshall

Osgoode Hall Law Journal

Like many disputes, Romeo and Juliet is a story with no winners; the outcome is destined to be lose-lose. Disputes are an inevitable part of human interaction and people need to learn effective and reasonable ways of dealing with their disputes. The question is how can this be done in a way that leaves people intact. The article compares and contrasts two modes for resolving disputes: adjudication and alternative dispute resolution (ADR). The article looks at what happens when disputes arise-how do problems become "disputes" and what do people do about them? The role of lawyers as dispute creators as …

Introduction: The Practices Of Alternative Dispute Resolution, D. Paul Emond

Osgoode Hall Law Journal

No abstract provided.

American Vincentians In 1877–1878: The Maller Visitation Report (2), John E. Rybolt C.M., Ph.D.

Vincentian Studies

In 1877, Mariano Maller, the provincial of Spain, was sent on an extraordinary visitation to investigate alleged mismanagement of the American province. This translation of his report is continued from the first issue of volume 18. Maller describes the history of the houses he visits and assesses finances, works, individuals, and the province as a whole. The recommendations he left with the confreres at many of the houses are included. He also suggests naming a new provincial.

A Study In The Spirituality Of Louise De Marillac: As Reflective Of The French School Of Spirituality, Kathryn Lafleur S.P.

Vincentian Studies

This detailed article gives extensive information on the French school of spirituality, especially its major influences and characteristics. Pierre de Berulle was one of its founders, and great attention is paid to his background, his spiritual doctrine, the principles of his spirituality and the way his successors developed them further, and the language used within the school. The school was known for being “theocentric and Trinitarian, Christocentric, Marian, pastoral, and ecclesial.” Important figures of the French school profiled in this article are Jean-Jacques Olier, Jean Eudes, Francis de Sales, and Vincent de Paul. Finally, Louise de Marillac is placed within …

Saint Louise De Marillac: Bibliography To Present Day, John E. Rybolt C.M., Ph.D.

Vincentian Studies

This bibliography on Louise de Marillac includes everything published about her in English through 1999. Books include biographies and translations of Louise’s letters and writings. There are also articles in encyclopedias and in the respective journals of the Congregation and the Daughters of Charity, Annals of the Congregation of the Mission, Echoes of the Motherhouse, and Echoes of the Company. Vincentian Heritage articles are also included. Small entries in lives of saints, newspaper articles, and nonprint audio-visual items are excluded.

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.

Ursinus Magazine, Fall / Winter 1998, Wendy Greenberg, Margot A. Kelley, M. Nzadi Keita, Jena Osman, Joanna Doyle, Lauren Newkirk, Dave Sherman, Robert Reichley, Aaron Burgstein, Meghan J. Hoerner, Roger Cohn

Ursinus Magazine, 1995–Present

The Philip and Muriel Berman Museum of Art calendar • Faculty notes • Freshmen test color of water • New Johnson and Lachaise on campus • Ursinus in the news • Poetry and prose from the pros: A sampling of creative work from our English faculty • A legacy from our War Years classes: The best of times and the worst of times depicted on a stirring bas-relief in Wismer Student Center • The business of teaching: Rapport with students leads to teaching award • The man and his music: Dr. John French • A personal view of the Meistersingers …

Integrated Simulation And Control Of Servo-Driven End Effector, Thomas Leblanc

Theses

This paper discusses the development of a Controls Lab Station for the rapid-prototyping of control systems and hardware-in-the-loop simulation. The Controls Lab Station consists of an IBM-compatible PC and the MX3 1 Development System from Integrated Motions, Inc. Functionality is achieved through a mix of standard and custom software packages. The proper use of the system is outlined including the overall design cycle concept. The integration of system components is summarized, and specific control experiments are discussed using a specific plant. The chosen plant is a servo-driven gripper with finger-mounted force sensors, capable of supporting both position and force control. …

The Midwest Quarterly; Vol. 40 No. 1, Duane R. Carr, Catherine Cowen Olson, John Rodden, Michael C. C. Adams, Peter Donahue, Jerold Waltman, James Scofield, Corrine De Winter, Jim Thomas, Midwest Quarterly Editors

The Midwest Quarterly: A Journal of Contemporary Thought

DUANE R. CARR critiques the redneck stereotypes who populate the fiction of Cormac McCarthy as poorly developed grotesques providing little wisdom and much contempt for backcountry folk. Currently Adjunct Professor at Western Kentucky University, Carr has published articles on Steinbeck, Albee, Joyce, and Glasgow. The present article is drawn from a broader survey published as A Question of Class: The Redneck Stereotype in Southern Literature.

CATHERINE COWEN OLSON explores Jane Smiley's use of the food characters prepare and eat in A Thousand Acres to expose their feelings and intentions. A teacher of English at Kingwood College in Houston, Texas, she …

Unwilling Actors: Why Voluntary Mediation Works, Why Mandatory Mediation Might Not, Gary Smith

Osgoode Hall Law Journal

This article examines the debate over the introduction of mandatory mediation in civil litigation. It analyzes why and how voluntary mediation works in order to measure how the process might change under the new regime being implemented in Ontario. The underlying narrative structures of mediation are exposed using semiotic theories commonly employed in the study of theatre. This article will show that mediation, when imposed on unwilling parties, will hinder its efficacy and compromise its theatrical processes. The author concludes that the best way to ensure that making mediation mandatory does not discredit the efficacy and benefits of the process …

Common Law Duty To Serve And Protection Of Consumers, Jim A. Rossi

Vanderbilt Law School Faculty Publications

This article addresses the implications of retail competition in public utility industries, particularly electricity, for utility service obligations. After tracing the history of the common law duty to serve applicable to public utilities, the efficiency of utility service obligations in the context of rate regulation is explored. Retail competition, many suggest, poses a threat to utility service obligations. However, regulators can minimize the inefficiency of traditional utility service obligations without sacrificing the benefits of retail competition if they pay attention to the structural efficiency of competitive retail markets. The article advocates imposition of basic service obligations on the DisCo and …

What Juries Can't Do Well: The Jury's Performance As A Risk Manager, W. Kip Viscusi, Reid Hastie

Vanderbilt Law School Faculty Publications

Can juries handle complex cases? One way to frame this question in behavioral science terms is to ask: What tasks can juries perform well and what tasks will they perform poorly? Our basic precept is that the legal system should ask juries to perform tasks that they are good at performing and should not require juries to carry out tasks that they cannot perform well. A second guiding theme in our approach to the issue of jury competency is that the most relevant, most useful analyses of jury performance are based on empirical observations and data, not on rational analyses …

The Common Law "Duty To Serve" And Protection Of Consumers In An Age Of Competitive Retail Public Utility Restructuring, Jim Rossi

Vanderbilt Law School Faculty Publications

This article addresses the implications of retail competition in public utility industries, particularly electricity, for utility service obligations. After tracing the history of the common law duty to serve applicable to public utilities, the efficiency of utility service obligations in the context of rate regulation is explored. Retail competition, many suggest, poses a threat to utility service obligations. However, regulators can minimize the inefficiency of traditional utility service obligations without sacrificing the benefits of retail competition if they pay attention to the structural efficiency of competitive retail markets. The article advocates imposition of basic service obligations on the DisCo and …

Validation Of Waimss Incident Duration Estimation Model, Wei Wu, Pushkin Kachroo, Kaan Ozbay

Electrical & Computer Engineering Faculty Research

This paper presents an effort to validate the traffic incident duration estimation model of WAIMSS (wide area incident management support system). Duration estimation model of WAIMSS predicts the incident duration based on an estimation tree which was calibrated using incident data collected in Northern Virginia. Due to the limited sample size, a full scale test of the distribution, mean and variance of incident duration was performed only for the root node of the estimation tree, white only mean tests were executed at all other nodes whenever a data subset was available. Further studies were also conducted on the model error …

Wide-Area Incident Management System On The Internet, Kaan Ozbay, Pushkin Kachroo

Electrical & Computer Engineering Faculty Research

The incident management process consists of four sequential steps-incident detection, response, clearance and recovery. Each of these components comprises of a number of operations and coordinated decision-making between the agencies involved. The provision of computer based support tools for the personnel involved will help develop appropriate strategies and increase efficiency and expediency. Existing systems are developed on various traditional computing platforms. However, with the advent of World Wide Web and Internet based programming tools such as Java, it is now possible to develop platform independent decision support tools for the incident management agencies. Any agency will be able to use …

Images Of Foreigners In Edo Period Maps And Prints, Tsuneharu Gonnami

Journal of East Asian Libraries

No abstract provided.

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Faculty Publications

No abstract provided.

Lawyering Up, Susan Bandes, Jack M. Beermann

Faculty Scholarship

The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …

Mustang Daily, October 1, 1998

Cal Poly Student Newspaper

Student newspaper of California Polytechnic State University, San Luis Obispo, CA.

Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt

Scholarly Works

This Essay analyzes defamation law as it applies to the media. Part I summarizes the state of defamation law prior to the 1990 Supreme Court decision in Milkovich v. Lorain Journal Co., when opinion was presumed immune from liability. Part II examines the holding in Milkovich, which suggests the potential liability for recklessly defamatory statements couched as or in the context of opinion. Part III reviews post-Milkovich decisions during the 1990's. This Essay concludes that the predictions of Milkovich were accurate in many jurisdictions and could apply to televised allegations during the coverage of the Clinton affair. …

Notes On Constitutionalism For A 21st-Century Russian President, Dana Dallas Atchison

Cardozo Journal of International and Comparative Law

Are short-term political interests compromising prospects for a constitutional society in Russia? In Part I, this paper first considers the elements that contribute to constitutionalism. These include a constitution, democracy, public participation, the rule of law, an open society, a history of constitutionalism, public support for a constitutional order, importance of the individual, and an independent judiciary. Part II analyzes these themes against provisions in Russia's new Constitution and concludes that many articles have been compromised by Boris Yeltsin's personal political interests.

Part III appraises practical considerations that impact constitutional elements such as the public's expectations and concerns. Part III …

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

Joint Defense Agreements And Disqualification Of Co-Defendant's Counsel,, Arnold Rochvarg

All Faculty Scholarship

How should courts rule on the issue of joint defense agreements and motions for disqualification of another joint defense member's attorney in subsequent litigation? After analyzing prior cases that attempt to resolve the issue, it is clear that no generally accepted analysis of the disqualification issue exists. This article proposes an analytic framework for courts to use when ruling on such motions for disqualification arising in the context of prior joint defense agreements.

Although some courts have found an implied attorney-client relationship among all members and attorneys of the joint defense agreement, this view is flawed and based on a …

The Effects Of Phonological Awareness Activities On At-Risk First Grade Readers, Kimberly L. Van Belois

Masters Theses

The purpose of this study was to look at a variety of phonological awareness studies and their impact on students with reading difficulties and to implement a program to develop student's reading abilities and look at its impact on student's knowledge of vowel and consonant recognition, vowel sounds, and sight words. Phonological awareness can be defined as one's sensitivity to, or explicit awareness of, the phonological structure of words in one's language. A number of researchers (eg., Libennan, Shankweiler, & Liberman, 1989) have concluded that adequate awareness of the phonological structure of words helps to make learning to read words …

Denominational And Cultural Models And A Possible Ecumenical Strategy From A Romanian Context, Péter Lakatos

Occasional Papers on Religion in Eastern Europe

No abstract provided.

The Revolution In Higher Education, James V. Koch

Economics Faculty Publications

Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …

Wiyn Open Cluster Study. I. Deep Photometry Of Ngc188, Ted Von Hippel, Ata Sarajedini

Publications

We have employed precise and carefully calibrated V - and I - band photometry of NGC 188 at WIYN Observatory to explore the cluster luminosity function (LF) and study the cluster white dwarfs. Our photometry is offset by V = 0.052 (fainter) from that of Sandage and Eggen & Sandage. All published photometry for the past three decades has been based on these two calibrations, which are in error by 0.05 ± 0.01. We employ the Pinsonneault et al. fiducial open cluster main sequence to derive a distance modulus of 11.43 ± 0.08 and E(B - V )=0.09, with …

Circulation, Vol. 6, No. 1, Center For Coastal Physical Oceanography, Old Dominion University

CCPO Circulation

Fall 1998 issue of CCPO Circulation featuring article "Renewed Effort by Mexican Oceanographers to Understand the Dynamics of Coastal Lagoons"

Learning Opportunities 1998/1999, Illinois Mathematics And Science Academy

Course Catalogs

No abstract provided.

The Pacifican, October 1,1998, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.