Digital Commons Network^™

A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, James Levin, Chris Guthrie

Faculty Publications

Mediation Statute, 13 Ohio St. J. on Disp. Resol. 885 (1998)

During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation and other dispute resolution processes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association Section of Dispute Resolution have recently formed a unique partnership to assess whether a model or uniform mediation statute might remedy some of the problems caused by the current patchwork of often confusing and conflicting mediation laws. The task …

Almost The Last Word On Legal Services: Congress Can Do Pretty Much What It Likes, James D. Lorenz Jr.

Saint Louis University Public Law Review

No abstract provided.

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …

Attitudes Toward Writing, Laurence E. Musgrove

The Journal of the Assembly for Expanded Perspectives on Learning

This essay describes one teacher's approach to helping students understand the role attitude plays in contributing to or interfering with success in the writing class.

Goddess Spirituality And Academic Know Ledge-Making, Hildy Miller

The Journal of the Assembly for Expanded Perspectives on Learning

Goddess-centered spirituality, an alternative way of making meaning, complements rationalism, the traditional notion of academic knowledge making.

Plato, Gorgias, And Trickster: Seeking Rhetoric's Muse, Keith Rhodes

The Journal of the Assembly for Expanded Perspectives on Learning

From an historical perspective, rhetoric is the premier Tricksterish art. Seeing this permits us to re-evaluate Plato's role in the history of rhetoric and re-think current practices.

Reflection And An Appetite For Experience: Theory To Classroom Practice, Judith Halden-Sullivan

The Journal of the Assembly for Expanded Perspectives on Learning

Reflection promotes an openness to thinking and an appetite for experience that must ground everyday classroom practice.

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

Michigan Journal of International Law

The purpose of this article is to challenge the tendency in the existing literature to view "compliance" simply as "correspondence of behavior with legal rules." This tendency is intelligibly based in a theoretical view that law can properly be defined and understood as a body of rules and expresses a practical concern to get on with the important task of producing empirical studies of compliance. The logical corollary is that a reasonable degree of conformity between these rules and actual behavior is necessary to an efficacious legal system, so that recurrent and widespread non-conformity with rules would usually call into …

Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin

Michigan Journal of International Law

Since the 1980s there has been strong interest in labor-management cooperation. That interest was reflected even in government attention, for example, through projects by the U.S. Department of Labor's Bureau of Labor-Management Cooperation. Under the leadership of Undersecretary Stephen Schlossberg, the Bureau's "Laws Project" examined the impact of labor law on labor-management cooperation. The Dunlop Commission issued a report strongly in favor of labor-management cooperation, and National Labor Relations Board (NLRB) Chair William B. Gould has spoken favorably of it. More recently, the government issued a report on state and local initiatives in this area.

The State And The Post-Cold War Refugee Regime: New Models, New Questions, Julie Mertus

Michigan Journal of International Law

The thesis of this essay is that within the refugee regime the move away from states and adherence to states are two sides of the same coin. To some degree the new refugee regime reflects the trend away from both the state and strict notions of sovereignty. Nonetheless, the new regime also exposes the staying power of the statist paradigm. In many respects, the role of states has indeed been altered, but states have retained their role as important and often essential actors. While other observers have commented on specific geographic or thematic changes in the refugee regime, this essay …

Something To Lose: The Black Community's Hard Choices About Educational Choice;Issues In School Choice, Sharon Keller

Journal of Legislation

No abstract provided.

Wright State University Women's Soccer Media Guide 1998, Wright State University Athletics

Athletics Publications

A media guide for Wright State University's 1998 Women's Soccer team. This guide includes photographs, player stats, game results, and records.

Swosu Fact Book Fall 1998, Denisa Engelman

Fact Books

I am proud to introduce the seventh annual Southwestern Oklahoma State University Fact Book. It provides a ready source of information to answer frequently asked questions about the University and its operations. Unless otherwise noted, the information in this Fact Book came from computer-generated reports that are printed following the tenth class day of each fall semester. Because of student fluctuations during the semester, numbers will not match other published enrollment numbers that may be based on enrollment at the end of a semester.

Front Matter

The Journal of the Assembly for Expanded Perspectives on Learning

Editor's Message

We live in a culture dominated by boundaries of all sorts. Personal space is precious to us, and we become uneasy when others do not honor those invisible borders, ignoring, perhaps, the ways in which those borders shift with age, class, gender, and ethnicity. We have office doors, house doors, and bedroom doors that we close and lock. Many of us demarcate a sharp separation between private life and public work, arguing, as does Michael Bèrubé that the life lived has nothing to do with the work written. And so we exist, being careful not to overstep our …

Body Oddities: Hypothetical (Com)Positions From The Physically Extreme, Mark Mcbeth

The Journal of the Assembly for Expanded Perspectives on Learning

Relying on the anomalous physicalities of the bearded woman, the hermaphrodite, and conjoined twins, this essay explores the links between the body and its constituent performances of composing.

Back Matter

The Journal of the Assembly for Expanded Perspectives on Learning

No abstract provided.

Reviews, Katie Kane, Sheryl Mylan, Jerome Bump

The Journal of the Assembly for Expanded Perspectives on Learning

Reviews

Katie Kane. Women Writing Culture. (Gary A. Olson and Elizabeth Hirsh, Eds., 1995). Women/ Writing/ Teaching. (Jan Zlotnik Schmidt, Ed., 1998).

Sheryl Mylan. ARTiculating: Teaching Writing in a Visual World. (Pamela B. Childers, Eric Hobson, and Joan A. Mullin, 1998).

Jerome Bump. Emotional Intelligence. (Daniel Goleman, 1995).

When A Student Ends A Wounded Silence, Dave Waddell

The Journal of the Assembly for Expanded Perspectives on Learning

Students who disclose psychological trauma may derive therapeutic benefits, and writing teachers should carefully consider their roles.

Student-Staff Directory 1998-99, University Of Minnesota, Morris

UMN Morris Directories

No abstract provided.

University Studies 1994-1997: A Progress Report, Portland State University. General Education Working Group

University Studies Assessment Research

Broadly reports on the state of implementing University Studies, reviewing consequences for the University, faculty, and students.

Computer-Generated Child Pornography: A Legal Alternative?, Wendy L. Pursel

Seattle University Law Review

This Comment does not debate the efficacy of the Child Pornography Prevention Act in accomplishing its purpose-the effective regulation of computer-generated images. Nor does this Comment address adult-simulated child pornography. Rather, working under the assumption that the statute accomplishes what it aims to accomplish-namely the regulation of computer-generated child pornography-this Comment looks beyond the statute and its language to the broader discussion of the value in regulating this type of material. Specifically, this Comment will focus on two issues: first, whether legislation regulating computer-generated child pornography can survive First Amendment considerations of free speech, and second, the social arguments made …

Correspondence Between Dwc Chairs And Members Of The Executive Board, Committees And Task Forces, Nicole H. Rafter, Sarah Hall, David P. Farrington, Bill Cohen

Division on Women and Crime Documents and Correspondence

No abstract provided.

Local Environmental Policy Capacity: A Framework For Research, Daniel Press

Natural Resources Journal

No abstract provided.

Rape By Fraud And Rape By Coercion, Patricia J. Falk

Law Faculty Articles and Essays

For more than a century, courts, legislatures, and legal commentators have struggled with the controversial and highly charged question of whether accomplishing sexual intercourse by means of fraud or coercion is blameworthy and appropriately condemnable as rape. In 1986 Professor Susan Estrich suggested that rape law should "prohibit fraud to secure sex to the same extent we prohibit fraud to secure money, and prohibit extortion to secure sex to the same extent we prohibit extortion to secure money." (Susan Estrich, Rape, 95 Yale L. J. 1087, 1120 (1986)). Such suggestion spawned the latest cycle of discussion about this age-old conundrum …

Mathematics, Modeling, And Modular Curriculum In Engineering Retraining Programs, Massoud Moussavi

Educational Studies Dissertations

The present study is an attempt to probe, explore, and provide an appropriate educational method for engineering retraining programs. The central concerns and implications of this study revolve around: who engineers are, how they learn, why they need to learn, and what they have to learn. The existing retraining programs also will be evaluated in order to develop a suitable retraining program for engineers.

The Politics Of Art Education In The Public Schools, Wendy Campbell

Educational Studies Dissertations

In this study, I examine why the subject of art has been marginalized in the public schools and why art continues to be vulnerable to budget cuts and reductions in staff despite the fact that national art education standards are now in place. I also suggest a way to remedy the situation. My analysis concerning why art has been marginalized comes from an integration of insights from three discourses: feminism, postmodernism, and the perspective implied by the literature and practices of the twelve step recovery community. Writers in all three discourses suggest that the world view of the dominant culture …

Subordination Of The Public Good, Heather E. Klasing

University of Dayton Law Review

Swanson v. Roman Catholic Bishop, 692 A.2d 441 (Me. 1997).

The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Turning Patients Into Profit: Nonprofit Hospital Conversions Spur Legislation, Vincenzo Stampone

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang

Publications

Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …