Digital Commons Network^™

Defending The Weak And Fighting Unfairness: Can Mediators Respond To The Challenge?, Michael Coyle

Osgoode Hall Law Journal

As mediation gains in popularity as a tool for resolving civil disputes, and particularly as a substitute for court decisions, some have questioned mediation's ability to assure fairness of process and outcome. Others have argued that the main strength of mediation lies in the power it gives the parties to invent their own approach to resolving their dispute, leaving little room for mediators to impose their own notions of fairness on the process. This article examines the extent to which mediators have an obligation to address issues of fairness in the processes they manage. Through a functional and context-based analysis …

Protecting The Confidentiality Of Communications In Mediation, Owen V. Gray

Osgoode Hall Law Journal

This article explores the justifications for protecting mediation communications from disclosure. It reviews the existing legal protections for mediated dispute settlement discussions. The major issues that seem to arise when statutory reform is considered are identified, and a recent study of the issue by the Manitoba Law Reform Commission is described and critiqued. The author argues that a distinction should be made between circumstances in which a party is required or permitted to testify about what took place in mediation, and circumstances in which the mediator may be required to do so. He suggests that mere extension to mediation of …

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 …

Automated Highway Systems, Bruce M. Mcmillin, Kristen L. Sanford

Computer Science Faculty Research & Creative Works

Intelligent transportation systems (ATS) have received much attention in the transportation community and by the government in the past decade. The technology is an extension of intelligent vehicle highway systems to include transportation modes beyond highways. Major elements of ITS include: advanced traffic management systems; advanced traveller information systems; automated highway systems; the Intelligent Vehicle Initiative; and advanced commercial vehicle systems. ITS initiatives are proposed for both urban and rural areas to increase transportation system capacity by more fully utilizing the existing transportation system and improve transportation system safety. The feasibility of realizing a fully automated highway system is discussed.

The Roddey Mcmillan Record - October 1998, Winthrop University

The RMR 1990-1999

The Roddey McMillan Record (RMR) is Winthrop’s monthly multicultural student publication. The RMR has been a significant voice of the minority population of the Winthrop community since its creation by Gail Harris in April 1986. It promotes awareness and understanding of issues concerning minorities for the prosperity of the entire Winthrop community. The purpose of the RMR is to shine light on the many diverse cultures at Winthrop, focusing on issues, concerns and happenings of those who represent the multicultural community on campus. The Roddey McMillan Record is named after Dr. Cynthia Roddey and Atty, Sheila McMillan. Cynthia Roddey was …

Are (Should) Human Rights (Be) Universal?, Rhoda E. Howard-Hassmann

Political Science Faculty Publications

Many critics of the concept of human rights argue that it undermines indigenous cultures, especially in the underdeveloped world. I agree that the concept of human rights often undermines cultures. Culture rapture is often a necessary aspect of the entrenchment of respect for human rights. Culture is not of absolute ethical value; if certain aspects of particular cultures change because citizens prefer to focus on human rights, then that is a perfectly acceptable price to pay. Human rights are rights held by the individual, without regard to status or position, merely because she or he is human. In principle, all …

Orientalist Commercializations: Tibetan Buddhism In American Popular Film, Eve Mullen

Journal of Religion & Film

Many contemporary American popular films are presenting us with particular views of Tibetan Buddhism and culture. Unfortunately, the views these movies present are often misleading. In this essay I will identify four false characterizations of Tibetan Buddhism, as described by Tibetologist Donald Lopez, characterizations that have been refuted by post-colonial scholarship. I will then show how these misleading characterizations make their way into three contemporary films, Seven Years in Tibet, Kundun and Little Buddha. Finally, I will offer an explanation for the American fascination with Tibet as Tibetan culture is represented in these films.

Fact Or Fiction? The Use Of Eighteenth-Century Criminal Biographies In Historical Studies, Steven M. Wakefield

History Theses & Dissertations

Marxist studies concerning crime and criminality in eighteenth-century England, and especially London, have explained the problem strictly in terms of a class based struggle between the elites and the working poor. Marxists further contend that the majority of criminals hanged for capital offenses during the eighteenth-century also came Rom the working poor. Using an analysis of criminal biographies written between 1723 and 1783, this study questions the Marxist paradigm by suggesting that eighteenth-century crime and criminality were not inter-class conflicts but more intra-class struggles, and hangings reflected this.

The Messianic Figure In Film: Christology Beyond The Biblical Epic, Matthew Mcever

Journal of Religion & Film

With the decline and fall of the religious epic, christology (the study of the person of Christ) in film has moved into genres outside of the biblical spectacular. Deliberate attempts to harmonize the Gospels and offer a literal rendition of the life of Jesus have proven mediocre to some and offensive to others. What has proven more successful is the Messianic Figure: a formula in which the central character is a non-conformist or unlikely redeemer who transforms lives and ultimately undergoes martyrdom. Four films offer the prototype of such a character: Cool Hand Luke (1967), One Flew Over the Cuckoo's …

A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser

Dalhousie Law Journal

In this paper, the authors describe and assess their experience with the use of WebCT (a computer program that facilitates the creation and management of courses using the Internet) in the Dalhousie Legal Research and Writing Program. They explain what WebCT is, why they decided to use it, and how they used it. They assess its inaugural use and conclude that, despite some difficulties, the pilot project was a success and WebCT can be a useful tool for other teachers of legal research and writing.

Acquiring The Law: The Private Law Library Of William Young, Halifax, Nova Scotia, 1835, William Laurence

Dalhousie Law Journal

In 1835, Halifax lawyer William Young, who would later become premier and chief justice of Nova Scotia, as well as a founder of Dalhousie Law School, compiled a catalogue of his personal law library. In the catalogue, Young identifiedthe short title, the price, and if applicable, the number of copies or volumes, for each item in his collection. Through an examination of Young's catalogue, as well as contemporary correspondence, journals, and business records, and, where identifiable, Young's former texts, this study discusses the nature, sources, and to a certain extent, the actual use of Young's law library. This study demonstrates …

Driving Simulation Performance And Eeg Evaluation Associated With Obstructive Sleep Apnea, Matthew Richard Risser

Psychology Theses & Dissertations

Sleepiness and driving are a dangerous combination that causes thousands of crashes each year resulting in injury and death. This problem not only jeopardizes the safety of the driver but passengers and other drivers as well. This study investigated driving performance and neurophysiological correlates of sleepiness during driving simulation in obstructive sleep apnea patients. The study included 15 obstructive sleep apnea patients and 15 normal subjects as a control group. After a practice drive through city conditions, participants completed a 60 minute driving simulation task designed to replicate a highway driving scenario. Driving performance and EEG data were continuously sampled …

Assessing Levels Of Cooperation Between Pace And Patrol Officers In The City Of Norfolk Virginia Police Department, Michael G. Goldsmith

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to evaluate two facets of the Norfolk Police Department's Police Assisted Community Enforcement, or PACE, program. While there has been much research on how community policing affects officer and citizen attitudes, there has been very little that focuses on organizational aspects of implementing this philosophy. This research uses a survey instrument to examine how Norfolk's structuring of their community policing program may have an impact on the way the officers involved cooperate with one another. Levels of cooperation and training are measured, as well as the effects that years on the department and education …

Design Optimization Of Magnetic Bearings And Magnetic Suspension Systems, V. Dale Bloodgood Jr.

Mechanical & Aerospace Engineering Theses & Dissertations

Magnetic suspension systems were first demonstrated as practical by Holmes and Beams in the 1930's. Since then, numerous academic researchers have worked with various types of these systems. Commercial applications have largely been limited to magnetic bearings for rotating machinery. Other applications that have held considerable promise include wind tunnel model suspensions, space payload pointing and vibration isolation systems, satellite momentum storage and control devices and electromagnetic launch systems. However, none of these have progressed significantly beyond the prototype stage. Maglev trains have not reached serious commercial service but are being aggressively developed in Germany and Japan.

Design methods for …

A View Of Melville's Piazza Tales From The Piazza, Amy Nadine Vanek

English Theses & Dissertations

Literary critics have tended to view Melville's short stories as individual units, though sometimes also in relation to his other major works. However, six of his short stories were collected in The Piazza Tales and republished as a unit. This was not just an arbitrary association, but a carefully designed collection established by Melville with the agreement of his publisher. Significantly, the first story, "The Piazza," was never published independently, only as a specific introduction to this combined work. Some critics have noted the important role that "The Piazza" then assumes. However, limited criticism and analysis is currently available which …

Changes In Small Mammal Community Attributes Associated With Increasing Pine Stand Age In Managed Pine Plantations In Southeastern Virginia, James Douglas Dolan

Biological Sciences Theses & Dissertations

Loblolly pine plantations were examined at different ages to identify small mammal community attributes in relation to the succession of the plant community. Forest floor and understory plant communities were characterized. Small mammals were collected by Fitch (live) traps and pitfall traps in four age classes during five seasons of study. Fitch live traps and pitfall traps were used in conjunction with one another to obtain the most accurate depiction of the small mammal community. Fitch traps accounted for 65 % of small mammal captures and 7 of 9 species captured. Small mammal abundance and biomass declined with increasing stand …

Saturation Control For Reduction Of Rotor Blade Lag Vibration, Sayam Saguanrum

Mechanical & Aerospace Engineering Theses & Dissertations

Within the context of this research, the performance of saturation control for reduction in the vibratory lag motion of helicopter rotor blades is investigated. The single-degree-of-freedom plant, which consists of a spring and damper attached to the rotor blade, is perturbed by an aerodynamic force, and produces the unwanted vibration. To restrict this vibration, the second-order controller is provided to couple with the blade system. It works adaptively, when the system is excited and the controller frequency is set at half of the blade lag frequency in accordance with the relationship of both natural frequencies. The nonlinear terms from the …

Brecht's Influence On The Modern British Theater With A Special Focus On Edward Bond's The War Plays, Amal Abdelrazek

English Theses & Dissertations

This thesis traces the development and impact of Brecht's dramatic art on the modem British theatre. The first chapter discusses and defines the main themes and dramaturgical concepts that characterize Brechtian theatre. The second chapter describes Brecht's reception in England. It articulates the relationship between Brecht and the British theatre since it began in 1933 when Brecht's play Anna Anna (later called The Seven Deadly Sins) was performed at the Savoy Theatre. This chapter also demonstrates the kinds of changes Brecht introduced into British dramatic art, using key British playwrights as examples--John Arden, Howard Brenton, and Caryl Churchill. The Brechtian …

Variability Analysis Of Discrete Cosine Transform Coefficient (Dctc) Features For Speech Processing, Bingjun Dai

Electrical & Computer Engineering Theses & Dissertations

In this research, the variability of Discrete Cosine Transform Coefficient (DCTC) features was investigated. Additionally, a new pitch-synchronous processing method was explored to increase the stability of features and to reduce window effects when compared to the regular method. The noise sources that lead to feature variability were analyzed, and different smoothing methods were tested. It was found that longer frames, frequency warping, time smoothing of the log spectrum, and DCS level time smoothing, all help reduce DCTC variability and increase classification performance. The pitch­ synchronous method was implemented with Matlab. Important processing methods, including pitch period estimation, time­ domain …

Searching For The Presence And Absence Of Features In Sustained Attention: The Effect Of Discriminability And Display Size On Performance And Workload, Victoria Suzanne Schoenfeld

Psychology Theses & Dissertations

The present study examined the effects of signal discriminability and display size when searching for the presence and absence of features on vigilance performance and mental workload. Specifically, two conflicting theories were investigated. Treisman and Souther (1985) contend that the presence of a feature is detected quickly and effortlessly while the absence of a feature requires slower, serial processing. Nagy and Sanchez (1990, 1992), on the other hand, argue that discriminability determines the type of processing employed such that easily discriminable signals pop out of the display while less discriminable signals require focused attention to detect. To test these ideas, …

Lies And The Vices Of Deception, J. L. A. Garcia

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Volume Cxvi, Number 2, October 1, 1998, Lawrence University

The Lawrentian

No abstract provided.

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle

Michigan Law Review

The protagonist in our story has six legs, is one inch long, and dies two weeks after it emerges from the ground. To the untrained eye, the Delhi Sands Flower-Loving Fly looks like, well, a big fly. Entomologists know better. This particular fly can hover like a hummingbird as it uses its long tubular nose to extract nectar from flowers. It can only live in particular fine soils - the Delhi sands - that appear in patches over a forty square mile stretch from Colton to Ontario, California. Today only a few hundred Delhi Sands Flower-Loving Flies survive in less …

Competition And Cooperation, Saul Levmore

Michigan Law Review

When do competitors share assets and other opportunities for mutual gain? Conversely, when do they prefer to distinguish themselves by establishing firm boundaries that produce a minimum of sharing or cooperation despite potential gains from trade? Why, for example, do competing law schools in a single city cooperate so little in offering joint programs and economizing on certain costs even as they use the same casebooks in their courses and borrow from one another's libraries? Why do two competing auto makers rarely sell one another components or use the same expert advertising agency or law firm but then quite often …

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Michigan Law Review

The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Washington University Record, October 1, 1998

Washington University Record

No abstract provided.

Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen

Articles

Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.

In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …

Java Applets Enhance Learning In A Freshman Ece Course, Charles R. Graham, Timothy N. Trick

Faculty Publications

The goals of our work have been to enhance the learning environment of our students and to increase the productivity of faculty by freeing them from the drudgery of grading homework and quizzes, as well as the time required to record and compute grades. We have achieved these goals by means of the highly interactive World Wide Web (WWW)-based learning environment provided by MallardTM, 1,2 and by the development of several java applets within the Mallard environment to enhance the learning process. These Java applets are the subject of this paper. They include the ability to draw timing diagrams and …

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …