Digital Commons Network^™

Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King

Vanderbilt Journal of Transnational Law

This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …

Pierre Goes Online: Blacklisting And Secondary Boycotts In U.S. Trade Policy, Peter L. Fitzgerald

Vanderbilt Journal of Transnational Law

The extraterritorial application of U.S. economic sanctions and trade controls is a perennial topic of discussion among international trade practitioners and a frequent cause for concern abroad. While long present in one form or another as part of several U.S. trade and export control programs, there has been a resurgence in the use of unilateral extraterritorial trade regulation by the United States following the unraveling of widespread international consensus on who should be the targets for such controls and sanctions as a result of the breakup of the Soviet Union, and the demise of the international Coordinating Committee on Multilateral …

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …

The Vienna Convention On Consular Relations: A Study Of Rights, Wrongs, And Remedies, William J. Aceves

Vanderbilt Journal of Transnational Law

This Article reviews U.S. compliance with the Vienna Convention on Consular Relations and the ability of foreign governments to seek redress for treaty violations in federal courts. The Vienna Convention requires signatory states to notify detained foreign nationals of their right to consular access. While the United States has sought to ensure that foreign governments comply with the provisions of the Vienna Convention when they detain U.S. citizens abroad, it has failed to ensure that foreign nationals are provided with comparable protection when they are detained in the United States.

The Author examines several cases in which both foreign nationals …

The Relevance Of The Concepts Of War And Armed Conflict To The Law Of Neutrality, Georgios C. Petrochilos

Vanderbilt Journal of Transnational Law

The law of neutrality applies among states engaged in war and third states seeking to maintain friendly relations with the belligerent states. While belligerent parties possess belligerent rights, including those in the Law of Prize, states deemed neutral must fulfill certain neutral duties. In exchange, neutral states enjoy the protection afforded to neutral parties by the law of neutrality.

The Article focuses on the state of affairs that triggers application of the law of neutrality. The law addressing this issue leaves many questions unanswered. This Article addresses the importance of the declaration of war by belligerent states in assessing whether …

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …

Ireland's Divorce Bill: Traditional Irish And International Norms Of Equality And Bodily Integrity At Issue In A Domestic Abuse Context, Anthony T. Barnes

Vanderbilt Journal of Transnational Law

On November 24, 1995, the Irish population voted to ease Ireland's constitutional ban on divorce by means of a constitutional amendment. The new amendment and the bill that effectuates it give Irish citizens a limited legal right to end their marriages for the first time in Ireland's history. The limits surrounding Irish divorce consist of a significant waiting period, a living-apart requirement, and a slant toward mediation.

This Note explores the predicaments of abused spouses and the unique risks that Ireland's divorce limitations pose to spousal abuse victims seeking to end their marriages. This Note argues that the limitations of …

Predicting The Effect Of Italy's Long-Awaited Rape Law Reform On "The Land Of Machismo", Amy J. Everhart

Vanderbilt Journal of Transnational Law

In 1996, the Italian Parliament enacted a new rape law, replacing a law written in 1936 under the direction of Fascist-era leader Benito Mussolini. While the old law classified rape as a crime against public morality, the new law declares it a crime against the person. That it took sixty years to reform the law is a reflection of Italy's long history of subordinating its women. That the law has finally been reformed is a reflection that those women have united to change that attitude. This Note discusses the history of the rape law in Italy and the role of …

Intervention And Joinder As Of Right In International Arbitration, S. I. Strong

Vanderbilt Journal of Transnational Law

For the purpose of this Article, an existing party is said to have a claim to join a third party into an arbitration as of right when (1) in the third party's absence, complete relief cannot be accorded among those already parties to the arbitration or (2) the third party asserts an interest relating to the subject of the arbitration and is so situated that the disposition of the arbitration in the third party's absence may (a) as a practical matter impair or impede the third party's ability to protect that interest or (b) leave any of the persons already …

A New Miranda For Foreign Nationals?, James A. Deeken

Vanderbilt Journal of Transnational Law

This Note will explore the conflict between federalism expressed in the U.S. Constitution and the demands that international treaties, entered into by the federal government, make on local governments. Part I will explain the current state of the issues addressed in the Note, including the Vienna Convention, and the relevant provisions relating to the arrests of foreign nationals. The Note will then examine whether, given that international treaties have been interpreted as providing rights and provisions that are only enforceable by countries, a private party, such as a foreign national, has the power to invoke the provisions in his defense …

More Turbulence Ahead: A Bumpy Ride During U.S.-Japanese Aviation Talks Exemplifies The Need For A Pragmatic Course In Future Aviation Negotiations, Derek Lick

Vanderbilt Journal of Transnational Law

This Note analyzes the U.S.-Japanese aviation agreement and the negotiations that led to its signing. More specifically, it examines how the parties involved--including U.S. airline carriers who disagreed as to how the United States should proceed--influenced the negotiation process. Part II of the Note focuses on the current U.S. policy of expanding open skies when negotiating bilateral aviation treaties with foreign countries. Part III looks at the U.S.-Japanese aviation market and its importance for U.S. airlines. Part IV examines how the Japanese government successfully used its strategic placement in the Asian market to avoid U.S. efforts to impose an open …

Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth

Vanderbilt Journal of Transnational Law

We will never face Germany's specific problems of religion and government, arising as they do from its particular history. The sharply contested religion cases from Germany in the late 1990s do, however, point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. To understand the problems of funding religious groups in neutral programs, we must back up and ask the foundational question: what goals may the government pursue with its funding? The broader those goals are defined, the greater the potential distortion of private religious choice, through …

Removing The Venom From The Snakehead: Japan's Newest Attempt To Control Chinese Human Smuggling, Ian Peck

Vanderbilt Journal of Transnational Law

This Note examines Japan's 1997 Amendment to the Immigration Control and Refugee Recognition Act as a response to illegal Chinese immigration. Part II of the Note identifies and explains the international human smuggling crisis. Part III examines Sino-Japanese human smuggling. Finally, Part IV analyzes the Immigration Control and Refugee Recognition Act in detail and suggests some of the Act's shortcomings.

Transnational Bribery Of Foreign Officials: A New Threat To The Future Of Democracy, Julie B. Nesbit

Vanderbilt Journal of Transnational Law

Anti-corruption movements around the world have set the stage for a comprehensive attack on transnational bribery. The Organization of American States adopted the first convention to criminalize transnational bribery in 1996, and efforts by the OECD to address the issue culminated in the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was signed by the representative Ministers in November 1997, and is expected to enter into force by 1999. While these developments are promising, they offer only a partial solution to a complex problem. Transnational bribery will persist until a comprehensive anti-corruption strategy, based on …

Iowa Prairie: Original Extent And Loss, Preservation And Recovery Attempts, Daryl D. Smith

Journal of the Iowa Academy of Science: JIAS

Iowa's prairie has to be assessed in the context of the pre- and post-agriculturally dominated ecosystem in which it now exists. This requires an understanding of prairies and of society's perspective of prairies. Therefore, the attitudes of people through time have to be considered; (1) those who were involved in the demise of the prairie, (2) those who helped saved the pieces of the prairie and (3) those who may be called upon to recover the prairie ecosystem.

Front Matter

Journal of the Iowa Academy of Science: JIAS

No abstract provided.

Progress Closed Cases In The Third Quart_1997, Adelamar N. Alcantara

BBER Publications

This report presents findings from a statewide survey of former New Mexico PROGRESS welfare recipients whose cases closed during the third quarter of 1997, examining employment outcomes, income, medical insurance coverage, government assistance, and reasons for leaving or returning to public assistance. The study provides detailed demographic and socioeconomic analyses of welfare-to-work transitions and the experiences of households after exiting cash assistance programs.

Iowa Academy Of Science Membership Directory, 1998-99, Iowa Academy Of Science

Iowa Academy of Science Documents

Contents:

Editorial Board, Journal ... 5
Committees ... 6
Sections ... 18
ISTS Regional Directors ... 22
Awards of Merit ... 24
Excellence in Science Teaching Awards ... 25
Past Presidents ... 26
Membership Roster ... 27
Corporate Sponsors ... 35

A Vision For Elementary Administration: A Reflective Essay, Beth Wright

Graduate Research Papers

As a high school student I would have never dreamt that I would be in a profession as an educator. I had my life mapped out, nursing school and then gaining specialized training in the area of pediatrics. l should have known that college would open doors. In my sophomore year of college, I stood in front of the mirror in my dorm room and asked myself, "What do you really want to do with your life?" It was then when my heart answered me, a teacher. From that point forward, education has been my passion and life blood. It …

The Basics Of Teaching Media Literacy, Jill Wurzer

Graduate Research Papers

According to the Media Literacy Online Project (1998), American children and adolescents spend 22-28 hours a week viewing television. By the time today's children reach age 70, they will have spent 7-10 years watching television. Now, more than ever, schools are being called on to deal with the effects of the growing influence of the media in students' lives. Media literacy and media education are even getting attention in the English Language Arts Standards by the National Council of Teachers of English (NCTE). So, what is media literacy? What materials are available to teach it, and how can teachers justify …

Instructional Technology In The School System, Sherri Sue Zanotti

Graduate Research Papers

Analyses of the deployment of technology in schools have tended to note its failure to affect the daily values and practices of teachers and students. This absence is generally regarded as an implementation failure, or as resulting from some temperamental shortcoming on the part of the teachers or technologists. Such a construction is predicated on the assumption that the technology is value free and its implementation a struggling playing field. This paper proposes that no instructional technology is ever neutral. Its value and practices must support the organization into which it is placed. The failures of technology to look and …

Classroom Discussion: A Journey To Decentralizing The Classroom, Mike Suther

Graduate Research Papers

Throughout history of the United States, teachers have instigated classroom discussion about text in hopes that talk enhanced understanding. More recently, Vygotsky (1978) produced evidence of the importance of social talk in learning. It is through this social interaction or discussion that students construct and negotiate meaning of text. What constitutes social interaction or discussion is what leads some teachers to disagree. The literature on discussion has classified it into two types: recitation and discussion.

Thermodynamic Modeling And Analysis Of Human Stress Responses, Satish C. Boregowda

Mechanical & Aerospace Engineering Theses & Dissertations

A novel approach based on the second law of thermodynamics is developed to investigate the psychophysiology and quantify human stress level. Two types of stresses (thermal and mental) are examined. A Unified Stress Response Theory (USRT) is developed under the new proposed field of study called Engineering Psychophysiology. The USRT is used to investigate both thermal and mental stresses from a holistic (human body as a whole) and thermodynamic viewpoint. The original concepts and definitions are established as postulates which form the basis for thermodynamic approach to quantify human stress level. An Objective Thermal Stress Index (OTSI) is developed by …

Municipal Involvement In International Relations, John Jack William Hilgers

Theses and Dissertations in Urban Services - Urban Management

The purpose of this study is to examine municipal involvement in international relations in the United States. This municipal phenomenon is occurring concurrently with both a shift away from the traditional nation-centric structure of international relations under the influence of globalism as well as a sharp decline in intergovernmental aid. The research questions were: (1) What are the indicators that define municipal involvement in international relations? and (2) What is the extent of that involvement?

Extensive qualitative and research was conducted in the form of an exploratory literature survey which was set forth in narrative analysis to overcome the paucity …

The Artistic And Scientific Collaboration Of Blanche Ames Ames And Adelbert Ames Ii, Roy R. Behrens

Faculty Work

During an uninterrupted period from about 1910 through 1913, Blanche Ames Ames (1878-1969), an American artist and women's suffragist, worked closely with her brother, Adelbert Ames 11 (1880-1955), a lawyer, artist and optical physiologist, in a study of color, perspective and other aspects of pictorial art in the hope of using scientific findings to enhance the realism of their paintings. They made significant progress, but their close relationship ended in 1922 as a result of a disagreement about their joint authorship of a published paper.

Art, Design And Gestalt Theory, Roy R. Behrens

Faculty Work

Gestalt psychology was founded in 1910 by three German psychologists, Max Wertheimer, Kurt Koffka and Wolfgang Kohler. The author discusses gestalt theory's influence on modern art and design, describes its resemblance to Japanese-inspired theories of aesthetics and finds evidence of a mutual, if limited, interest between the gestalt psychologists and certain artists.

Rudolf Amheim: The Little Owl On The Shoulder Of Athene, Roy R. Behrens

Faculty Work

The author discusses the life of Rudolf Arnheim (b. 1904), the celebrated art-theorist and psychologist, professor emeritus of the psychology of art at Harvard University and author of 15 books about perceptual psychology in relation to art, architecture and film, among them Film as Art, Art and Visual Perception, Visual Thinking and The Power of the Center. The article is a biographical overview of Arnheim's life and work, including his association with the gestalt psychologists in Berlin in the 1920s, his pioneering work as a film critic, his flight from Nazi Germany and his subsequent immigration to the United States …

Estimating The Potential Available Labor Supply For Mid-Sized Iowa Communities, Randal Robert Pilkington

Dissertations and Theses @ UNI

This thesis presents a case study approach to estimate the potential supply of available workers within a laborshed or sub-labor market area. Current labor data are not adequate to estimate the supply of labor and its characteristics in mid-sized Iowa communities. In addition, low unemployment rates are not reflective of the willingness of workers to change jobs. Estimates of underemployment are also missing from any current labor data.

The methodology for this study consisted of conducting a random survey of the potential available labor force for a mid-sized Iowa community's laborshed, defined as the nodal region from which a community …

Meeting The Needs Of Gifted Adolescent Girls, Marcia Schrader Hoffman

Graduate Research Papers

Guiding high ability girls during their middle school and high school years has been as complex and enigmatic as the subjects themselves. This review attempted to synthesize information concerning characteristics and needs of adolescent girls, gifted adolescents, and gifted adolescent girls. Those specific needs would help determine what programming options could be implemented in the secondary schools to help gifted females reach their potential. The conclusions drawn from the literature point to a smorgasbord of programming options that can be implemented through collaboration among talented and gifted programs, school-wide efforts, and community-wide strategies.

Environments that provide encouragement and opportunities may …

The Integration Of Call In Efl/Esl Learning Environment, Kuei-Chin Huang

Graduate Research Papers

A number of studies have shown that learning through the use of computers is more efficient than traditional methods and arouse students motivation (Johnson & Osguthorpe, 1986; Jung, 1992 ). The purpose of this paper is to provide an overview of Computer-Assisted Instruction (CAI), to investigate the immense potential of Computer-Assisted Language Learning (CALL), and then to identify ways in which computers can be used to enhance foreign language learning.