Digital Commons Network^™

Physician Assisted Suicide, Leon Friedman

Hofstra Law Faculty Scholarship

As we all know and will recall, the Supreme Court decided to hear two cases precisely dealing with a narrow issue, namely,doctor assisted suicides. Ironically, the two cases are what law professors dream about encountering in practice, because one case involves substantive due process, the case out of Washington, and the other case raises the issue of equal protection. In any event, what you have to do, and as the court did for us here, is go through very detailed descriptions of these two different doctrines. However, it is not easy to distinguish between substantive due process and equal protection. …

Parental Conflict Prevention Programs And The Unified Family Court: A Public Health Perspective, Andrew Schepard

Hofstra Law Faculty Scholarship

The thesis of this article is that every unified family court should develop a prevention plan to help parents reduce conflict arising out of divorce and separation. A coherent prevention strategy should become a fundamental criteria for distinguishing high-quality family courts from those that do not serve their publics as well. Models of useful pro-grams already exist and can be incorporated into a court's prevention plan. Judges, legislators, lawyers, mental health professionals, and child advocates should insist that they are.

Section Two of this article describes the problems facing courts, parents, and children resulting from divorce and separation in terms …

Remarks At Symposium On The Future Of Legal Services, Eric M. Freedman

Hofstra Law Faculty Scholarship

I'm glad to go first on this panel, both because I need to be less clever in what I say to distinguish myself from what already has been said, and also because a couple of later speakers - who, as you will hear, have somewhat more credentials in litigation and in constitutional theory - can correct me where I go wrong. And, perhaps not coincidentally, after I say a few brief words about legal theory and the litigation outlook, my conclusion is going to be that neither of those subjects is really where the focus probably ought to be in …

Our Constitutionalized Adversary System, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In recent years, attacks upon the adversary system have been unprecedented in their breadth and intensity, and at times have been "scathing [and] venomous." For example, at a conference of twenty-five of the country's "professional elite" (most of them lawyers and judges) the adversary system was "thoroughly savaged." Efforts by the conferees to produce an acceptable alternative to the adversary system ended unsuccessfully on a "note of resignation.

It is not coincidental that these attacks on the adversary system have taken place in the context of critical analyses of lawyers' ethics. Critics concerned with the negative aspects of zealous, client- …

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, …

Archibald Cox: Teacher, David J. Seipp

Faculty Scholarship

Archie Cox is a teacher. He taught generations of law students at Harvard Law School and, more recently, at Boston University School of Law. He left the classroom on three occasions, reluctantly, when first President Truman, then President Kennedy, then President Nixon's Attorney General called Professor Cox to Washington to play a part on the national stage. In his first weeks as Watergate Special Prosecutor, Cox carried with him a stack of blue books, Labor Law examinations he still had to grade (p. 263). In the public eye, his straight-backed demeanor, his familiar crew cut, half-glasses, bow tie, and tweeds …

Listening To The Sounds Of Sovereignty But Missing The Beat: Does The New Federalism Really Matter Symposium: National Power And State Autonomy Calibrating The New New Federalism, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter

Faculty Scholarship

One perspective on the Supreme Court is to see it as a manager of legal change. At a particular time, and with respect to a particular issue of federal law, a majority of Justices may coalesce around a law-transforming project. Because the Court enjoys nearly complete control over its docket, such a coalition of Justices may select carefully the cases most advantageous to the law -transforming project. And because the Court's pronouncements on matters of federal law are binding on all other interpreters, the Court may enforce its legal transformation by exercising its disciplinary powers of review. The Court's implementation …

What Should Lawyers Know About Economics, Robert Whaples, Andrew P. Morriss, John C. Moorhouse

Faculty Scholarship

To find out what law-and-economics scholars and economists think lawyers should know about economics, we conducted surveys of random samples of members of the American Law and Economics Association and the American Economic Association. We posed two questions to both groups: What do you think are the five most important economic concepts law students ought to learn in a law-and-economics course?

Law-and-economics courses sometimes include economics articles in their reading lists. If you could choose up to five articles for such a course, what would they be?

Miners, Vigilantes & Cattlemen: Overcoming Free Rider Problems In The Private Provision Of Law, Andrew P. Morriss

Faculty Scholarship

Law is a good like food, insurance, or housing. Like other goods, it can and often should be provided by private entities. Yet law is usually regarded as the quintessential public good, so obviously public in nature that we need not even discuss its provision by anyone but the State. As Bruce Benson observed "[a]nyone who would even question the 'fact' that law and order are necessary functions of government is likely to be considered a ridiculous, uninformed radical by most observers." Even William Landes and Richard Posner, hardly apologists for the State, have concluded that law often must be …

Decius S. Wade's The Common Law, Andrew P. Morriss

Faculty Scholarship

Decius S. Wade played important roles in Montana's legal history as Chief Justice of the Territorial Supreme Court (1871- 1887), member of the Code Commission (1890-1895), and prominent lawyer. Wade wrote The Common Law sometime in late 1894 or early 1895 for a February 1895 address to Helena bar members celebrating the 1895 passage of the Civil, Political, Penal, and Civil Procedure Codes by the Montana Legislature. Although I disagree with much of Wade's analysis, his manuscript deserves attention now for two reasons.

First, Wade played a critical role in the development of Montana's legal system and his views on …

A Pilot Test Of Dna-Based Analysis Using Anonymized Newborn Screening Cards In Iowa, M. Therese Lysaught, Lisa Milhollin, Ryan Peirce, Jane Getchell, William Rhead, Jan Susanin, Jeannette Anderson, Jeffrey C. Murray

Theology Faculty Research and Publications

No abstract provided.

Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey

Journal Articles

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a …

Community-Based Education And Service: The Hpsisn Experience, Sherril B. Glemmon, Barbara A. Holland, Anu F. Shinnamon, Beth A. Morris

Partnerships/Community

Health services delivery is increasingly shifting to community-based settings. The competencies required of future health professionals require a shift in their educational preparation. Service leaning is suggested as an educational method with the potential to reform health professions education in tandem with the changes occurring in the health services delivery. The Health Professions Schools in Service to the Nation Program (HPSISN), a US demonstration project of service learning in the health professions, examines the impact of service leaning on students, faculty, communities and institutions across a wide array of universities and community settings. This paper describes the evaluation of the …

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Journal Articles

The comparison I have in mind is between what goes on at Notre Dame and what goes on in one of Professor James Boyd White's law and literature classes at the University of Michigan. Both classes use provocation. White provokes his students with an array of assigned readings, all of them about people, not all of them about law, ranging from Homer and Plato to Fowler on the split infinitive and the autobiography of Dick Gregory. We provoke our students with a parade of accounts from our members, accounts of people they think they can help.

White's enterprise is, I …

Sraffa And Keynes: Differences And Shared Preconceptions, John B. Davis

Economics Faculty Research and Publications

The relationship between the thinking and work of Sraffa and Keynes is complex and controversial. This paper approaches it initially through an investigation of their respective interpretations of their predecessors, the classical economics and Marshall. Keynes is argued to have misinterpreted the classicals on Say's Law largely on account of his having accepting Marshall's continuity conception of the relation of classical to neoclassical economics. Sraffa's understanding of classical economics as being rooted in a different conception of value and distribution is opposed to Keynes's view. Yet though the two differed at this fundamental level, an argument can be made for …

An Investigation Of Student Retention Practices And Development Of A Proposed School Retention Policy For The Beecher City, Illinois School District, Douglas C. Heiden

Masters Theses

The purposes of the study were to investigate student retention policies and practices in selected elementary schools in the Beecher City, Illinois, area and to develop a proposed school retention policy for the Beecher City School District where the author was employed as an emementary school principal. The issue of student retention has been debated across the country for decades. The review of literature and research found mixed evidence concerning the effectiveness of student retention. Since retention is an age-old practice, an historical review of literature was included to inform the reader of progression of the practice of retention in …

An Investigation Of Parental Perceptions Of Facilities, Communication Practices, Parental Involvement, And Educational Programs Of St. Mary School, Mount Vernon, Illinois, Aletta Lawrence

Masters Theses

This study investigated the parental perceptions of St. Mary School (a parochial K-6 school located in Mt. Vernon, Illinois) in order to assist the principal and school board in the implementation and formulation of policies which could benefit the students. The study addressed the following questions:

1. What are the perceptions of parents regarding the facilities at St. Mary School?

2. What are the perceptions of parents regarding the ways in which they are informed about St. Mary School?

3. What are the perceptions of parents regarding the extent to which they attend school related activities at St. Mary School? …

A Study Of Parent Perceptions Of The Home/School Connection With Technology In Georgetown-Ridge Farm Cusd #4, Andy Weathers

Masters Theses

The last three years has brought dramatic changes in implementation of technology for the Georgetown-Ridge Farm Unit District #4 (G-RF Unit #4). Since 1995 the Illinois State Board of Education (ISBE) has initiated increased grant funding for schools in the areas of technology deployment, staff development and software purchase and upgrades. ISBE has placed special emphasis on the home/school connection with technology. Districts are required to assess what ISBE refers to as their "current reality" in these areas and take steps to close the gap in the inequities that exist. Districts were required to use gap analysis data to prepare …

Current Discipline Procedures Used In Southern Illinois High Schools, Les Oyler

Masters Theses

Class disruptions caused by unwanted student behavior account for lost instruction time and reduce the amount of learning that can take place within the school setting. There were three purposes of this study. The first purpose was to determine how detentions and suspensions were used to discourage disruptive and unwanted student behavior by southern Illinois high school administrators responsible for student discipline. A second purpose of the study was to determine the extent of satisfaction of southern Illinois high school administrators responsible for student discipline with current discipline procedures being used. The third purpose of the study was to identify …

Strategies, Obstacles, And Methods Related To Conducting Building Bond Campaigns In Rural Illinois Unit (K-12) School Districts, Todd E. Pence

Masters Theses

This study was designed to determine (a) the strategies used by school district personnel in rural Illinois unit school districts to help pass school building bond issues, (b) the obstacles that school district personnel in rural Illinois unit school districts faced when trying to pass building bond issues, and (c) the methods used by school district personnel in rural Illinois unit school districts to overcome the obstacles.

The study took place during the spring of 1998. The study included a survey that was sent to the superintendents of the 88 small and medium sized (less than 1,800 students) rural Illinois …

Sex Differences In The Relations Between Sex Guilt And Sexual Experience, Melanie M. Brown

Masters Theses

The purpose of this study was to examine whether sex differences exist in the relations between sex guilt and sexual behavior. Past research has examined variables that affect sex guilt and found that sex guilt and sexual behavior are inversely related. This study specifically examined sex differences and how they affect this relation. The participants were 163 male and female undergraduate students at Eastern Illinois University. Mosher's revised Sex guilt Inventory and Paulson and Sputa's Sexual Behavior Frequency survey were administered along with a biographical data sheet.

Bivariate correlation analyses revealed that sex guilt and sexual behavior were inversely related. …

A Journal Of Poetry: The War In Croatia, Diana Katarina Matijaš

Masters Theses

A poet must find some sort of ground to stand on and must incorporate what the poet sees into words that can relay a message. The topic becomes the muse as the poet looks for a school of poetry that it can lead him or her to. I chose the war in Croatia as my muse, and looked to it to help me find my way to belonging to the school of war poets and to lead others to the truth about this war, which in turn inspired the poetry that forms my thesis.

The war affected me because I …

Validity Of The Reynolds Adolescent Depression Scale With A Rural Sample, Julie A. Lindstrom

Masters Theses

The problem that was investigated in the current study was that the norms of the Reynolds Adolescent Depression Scale (RADS) (Reynolds, 1987) may have had limited generalizability to students attending Paris High School and Mayo Middle School in rural Paris, Illinois because it was normed on "normal" subjects in only one urban/suburban school district in Wisconsin. The purposes of the current study were to establish Paris norms for the RADS and to fulfill Paris' need for an instrument to efficiently and inexpensively assess students suspected of having depression. This investigator hypothesized that the norms on the RADS would differ between …

Examiner Errors In Scoring The Wisc-Iii Vocabulary, Comprehension, And Similarities Subtests, Ryan L. Neitzel

Masters Theses

Examiner errors when scoring the WISC-III Vocabulary, Comprehension, and Similarities subtests were examined. Twenty-one graduate students enrolled in school psychology training programs and twenty-three certified school psychologist practitioners participated in scoring a constructed record form containing both standard responses (items clearly accounted for in the WISC-III Manual) and ambiguous responses (items not specifically accounted for in the WISC-III Manual). Descriptive Statistics demonstrated that graduate students and practitioners made errors on all subtests and item types. However, the Vocabulary, Comprehension, and Similarities ambiguous responses contained the most errors. Furthermore, Analysis of Variance demonstrated that for each subtest, ambiguous responses …

The Brachiacantha (Coleoptera: Coccinellidae) Of Illinois, Harry Wilson Montgomery Jr.

Masters Theses

The Illinois fauna of Brachiacantha (Coleoptera: Coccinellidae) is treated in this paper. Seven species were found to occur in Illinois through active collecting and study of specimens from 16 museums and private collections. A key to the identification of adults, descriptions of the adults, habitus photographs and national and state distribution maps are provided. The most commonly collected Illinois species are B. ursina, B. felina, B. quadripunctata quadripunctata and B. decempustulata. Uncommonly collected species are B. dentipes and B. rotunda. Brachiacantha indubitabilis is represented in the Illinois fauna only by the lectotype for the species. Malaise traps, sweep netting, yellow …

The Female Sport Experience: History, Development, And Psychological Implications, Dawn A. Whittington

Masters Theses

This paper reviews the literature related to women in athletics with a focus on the psychological perspective. The paper is divided into three major parts.

Chapter I traces the historical antecedents with specific emphasis on the development of sports psychology and women's gradual integration into amateur and professional athletics. Chapter II reviews literature devoted to the psychosocial issues related to the female athlete. These issues include personality traits and patterns, psychosocial problems associated with women entering and maintaining status in athletics, stereotypes, homophobia, socialization issues and the incidence and etiology of eating disorders among female athletes. Chapter III addresses the …

Relations Between Consultant Characteristics And Measures Of Consultation Quality And Outcome, Ian R. Macleod

Masters Theses

The purpose of this study was to explore school-based consultation effectiveness (as perceived by classroom teachers) and important indices of consultation quality and student outcome. Specifically, the research explored 1) important characteristics of school-based consultants using the Consultant Effectiveness Scale (CES), 2) the relations between quality of the consultation process and student outcome, and 3) the measurement similarities between the CES and the measure of consultation process quality. Questionnaires were completed by 85 teachers working in grades K-12 in a suburban area of Chicago. To participate, teachers must have engaged in a consultative relationship within the past 12 months. Consultants …

The Future Relationships Between Mainland China And Taiwan, Tian Li

Masters Theses

This thesis is a study of the possible future developments of the Taiwan issue and the relationships between Mainland China and the island of Taiwan. After examining all the alternative scenarios, the author predicts that in the foreseeable future political and economic cooperation between Mainland China and the island of Taiwan will gradually increase, with avoidance of military confrontation, but complete reunification between Taiwan will not occur, nor will Taiwan become a legal state.

The author will examine evidence, including both domestic factors in the two parts of China and external factors, which may either reinforce the above prediction or …

Heartworm And Lungworms In Illinois' Canids And Their Possible Effect On Coyote Condition And Reproduction, David G. Gregory

Masters Theses

This study focuses on the prevalence of heartworm and lungworms in Illinois' canid species, and the effect that they may have on condition (body weight, kidney fat, marrow fat) and reproduction (placental scars) on coyote populations. A total of 1,150 coyotes (Canis latrans), 2,269 domestic dogs, 47 red foxes (Vulpes vulpes), and 2 gray foxes (Urocyon cinereoargenteus) were examined. Prevalence of heartworms (Dirofilaria immitis) averaged 17.8% in coyotes, 3.0% in domestic dogs, 2.0% in red foxes, and 0% in gray foxes. Domestic dogs not receiving any type of prophylactic treatment had a higher prevalence (12.5%) of heartworms than dogs on …