Digital Commons Network^™

Free Trade, Regionalism, And The Democratic Peace Theory, Julia B. Johnson

Dissertations and Theses

Democratic nations worldwide rarely, if ever, go to war against one another. A variety of reasons for these peace loving democracies are offered in the social sciences literature. Many proponents of the theory of a democratic peace argue that democratic nations do not war against one another because of similar libertarian norms of behavior, and prohibitive structural institutions.

This thesis disagreed with the above assessment of peaceful democratic norms and institutions, and sought instead to investigate the role of economic prosperity as a crucial element of international cooperation. Combining the characteristics of democracy and economic prosperity, more fully rounded out …

Sacagawea : The History Of A Myth, William Jeffrey Patten

Dissertations and Theses

Sacagawea, the Indian woman who accompanied the Lewis and Clark Expedition has been one of the most romanticized figures in Western history. Although Sacagawea received little attention following the Corps of Discovery's return to the United States, she was rediscovered by writers associated with the women's suffrage movement at the end of the nineteenth century. The development of the enduring American legend that formed around Sacagawea was an Anglo-American and twentieth century phenomenon. In myth, she was given credit for the success of the Lewis and Clark Expedition, and over time she became its savior and leader.

It is the …

Academic Esl Reading : Semantic Mapping And Lexical Acquisition, Jeffrey Darin Maggard

Dissertations and Theses

Second Language Acquisition (SLA) theoreticians and educators disagree whether vocabulary should be explicitly taught in second language learning classrooms. These individuals are divided about the most efficient way for L2 learners to increase the size of their lexicons. This thesis proposes that explicit vocabulary instruction may significantly facilitate lexical acquisition for adult second language learners in academic contexts.

An experimental study designed to investigate the relationship between explicit vocabulary instruction and the rate of lexical acquisition is described. It was hypothesized that metacognitive strategy training in semantic mapping activities would significantly increase the rate of lexical acquisition for upper-intermediate university …

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Transcript Of The Florida Tobacco Litigation Symposium - Fact, Law, Policy And Significance, Jeffrey W. Stempel, Jean R. Sternlight

Scholarly Works

On November 17, 1997, Professors Jeffrey W. Stempel and Jean R. Sternlight joined a group of colleagues specializing in litigation at the Florida State University College of Law Review's Symposium on the tobacco litigation settlement reached between the State of Florida and five leading tobacco manufacturers that same year. The professors appeared on a panel to discuss the the relationship among the legal system, public health concerns, and tobacco. This is a transcript of those preceedings.

Protecting Basic Rights Of Citizens, Ellen Catsman Freidin, Ann C. Mcginley

Scholarly Works

Revision 9 suggests three important changes to the basic rights provision of the Florida Constitution. First, it would add “female and male alike” to define “natural persons who are equal before the law.” This change expressly recognizes equality of the sexes. Second, it would prohibit the government from depriving a person of any right because of the person’s national origin. Finally, the revision prohibits the government from depriving a person of any right because of “physical disability,” replacing the currently existing protection for “physical handicap.”

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.

Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky

Vanderbilt Law Review

Cardozo's opinion in Palsgraf v. Long Island Railroad Co.' hinges on a stark assertion about rights and wrongs: A plaintiff has no right of action unless she can show "'a wrong' to herself; i.e., a violation of her own right." Cardozo himself made this principle the core of his analysis, yet scholars typically regard it as impenetrable, circular, vacuous, or, as Posner put it, "eloquent bluff." Small wonder, then, that readers typically turn to "reasonable foreseeability" as the essence of the case. Leading scholars treat Palsgraf as a proximate cause case, despite Cardozo's pronouncement that "W[the law of causation, remote …

Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost

Vanderbilt Law Review

On a December night in 1993, Gregory Bryant-Bruce, age six months, was rushed to Vanderbilt University Medical Center Emergency Room for treatment of severe anemia, shock, and abnormally low hematocrit.' A CT scan revealed brain hemorrhaging, and a physical examination showed retinal hemorrhages of varying ages. Retinal bleeding in a young child is almost always caused by traumatic injury, and is considered to be a classic sign of "Shaken Impact Syndrome" ("SIS"), a life-threatening and relatively common form of child abuse. Thus, on the basis of Gregory's symptoms and the in- adequacy of his parents' explanation of his injuries, Gregory's …

Does The Search For Truth In Our Scholarship Continue In Our Classrooms, Margaret Berger

UC Law Journal

No abstract provided.

Book Review Of, Obed Dickinson's War Against Sin In Salem, 1853-1867, Darrell Millner

Black Studies Faculty Publications and Presentations

Reviews the book, "Obed Dickinson's War against Sin in Salem, 1853-1867" by Egbert S. Oliver

Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp

UC Law Journal

This article examines the past, present, and future of promissory estoppel. After surveying the development of the doctrine over the last century, Professor Knapp describes and responds to some contemporary commentary on the subject. He argues that while most of the recent authors have been generally friendly to promissory estoppel, the thrust of recent criticism has been to reduce the role that the theory can or should play in contract law. The article then examines why courts sometimes apply promissory estoppel where reliance seems to be absent, and other times deny reliance-based recovery even though reliance is demonstrably present. Finally, …

Judicial Removal Of Directors: Denial Of Directors' License To Steal Or Shareholders' Freedom To Vote?, Olga N. Sirodoeva-Paxson

UC Law Journal

This article examines a new corporate law remedy: the ability of courts to remove directors of business corporations for misconduct. In recent years, a majority of states has followed the Model Business Corporations Act in adopting the judicial removal remedy. The disparity in approach of different authorities and the confusion with respect to the remedy are remarkable, as highlighted by recent cases. No theory reconciling the conflicting approaches to the removal remedy has yet been developed by legislators, judges, or academics. To develop such a theory, the article examines the opposing fundamental principles of corporate law implicated by the remedy. …

The Legalization Of Racism In A Constitutional State: Democracy's Suicide In Vichy France, Vivian Grosswald Curran

UC Law Journal

This Article is a study of how a constitutional democracy can undermine itself from within, without resorting to illegal methods, and how institutional mechanisms for perpetuating democracy can be perverted to achieve the demise of the very goals they were designed'to safeguard. Vichy France is examined as a system of polysemic symbols created both constructively and destructively from the system of symbols of the regime that preceded it. Finally, Vichy's legacy is analyzed in terms of the recent trial of Maurice Papon, a trial which raised discomfiting issues about judicial constructions of collective memory.

"March Madness": An Examination Of Dual-Use Trademark Terms And Reverse Confusion, David Y. Gan

UC Law Journal

The Seventh Circuit's decision in Illinois High School Ass'n v. GTE Vantage, Inc. addressed a previously unrecognized category of trademark-the "dual-use" trademark term. "Dual-use" terms are marks that are associated by the public with two parties, where confusion would likely arise regarding which party the mark denotes. Writing for a three-judge panel, Chief Judge Posner held that dual-use terms should be treated similarly to generic terms and receive no protection under trademark law.

In this Note, the author examines the implications of the Seventh Circuit's decision in terms of the underlying goals of trademark law, the public's interest in effective …

The Second Amendment And The Incorporation Conundrum: Towards A Workable Jurisprudence, Koren Wai Wong-Ervin

UC Law Journal

This Note begins by offering a new prospective to the ongoing debate about the nature of the right protected by the Second Amendment, and concludes by proposing two possible tests and applying them to two provisions of the California Penal Code, striking one and upholding the other, demonstrating that a judicially-enforced Second Amendment would not be "fatal in fact" to all gun control legislation. The Author also critiques the Court's current incorporation doctrine, namely the Court's failure to identify when the "fundamental right" inquiry is to be made, the Court's interchangeable use of "American scheme of liberty" and "Anglo-American scheme …

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

How Do You Do Your Rage? : A Qualitative Investigation Into Contemporary Women's Experience Of Their Rage, Verena Homberger

Theses : Honours

Feminist researchers investigate women’s lives. This project is looking at a tiny thread embedded in a small section in the huge fabric of women's lives. The section is women’s capacity for violence, and the thread within it is women’s rage. This is a qualitative study of contemporary women experiencing and expressing their anger and rage. Discussions of violence within feminist literature have been largely restricted to accounts of male violence against women and children, and may have inadvertently endorsed the mainstream construction of femininity, which perceives rage in women to be an inappropriate emotion. In this project, I argue that …

Sequential Testing Effects Re-Visited : Is The Effect Of Test Presentation Contingent Upon Slide Linearity?, John D. Jones

Theses : Honours

Evidence regarding the potential mediating effects sequential test presentation has upon eyewitness suggestibility is divided. Bekerian and Bowers' (1983) research suggested that sequential test presentation reduced misinformation effects, whilst McCloskey and Zaragoza's (1985) results failed to indicate any effect of this presentation method. A possible reason for these conflicting results is that the respective research groups have used different sets of slides. Bekerian and Bowers' (1983) slides appeared to contain more thematic content (i.e., linear content), which in turn increased participants' resistance to misleading postevent information. Conversely, McCloskey and Zaragoza's (1985) slides appeared to lack this feature (i.e., they are …

Testing The Matching Hypothesis : Implementing A Minimal Stress Intervention By Matching Writing Task To Emotional Coping Style, Pamela D. Mcneill

Theses : Honours

The theory of inhibition and psychosomatic disease supports the concept that failure to express emotion is psychologically and physically stressful, and associated with long-term health problems. One aspect of this study was to investigate the discrepancy hypothesis proposing that specific emotional coping styles elicit patterns of discrepant self-report and physiological responses. The major focus of the study tested whether matching therapeutic writing tasks to specific emotional coping styles would significantly decrease stress and somatic symptoms, and whether mismatching such writing tasks to emotional coping styles would not decrease stress and somatic symptoms. Undergraduate students were identified as having an emotional …

An Empirical Model For Predicting The Feasibility Of Corporate Turnaround, Syed Kamalludin Bin Syed Alaudin Al Qadiri

Theses: Doctorates and Masters

The primary objective of this research was to identify the determinants of corporate turnaround feasibility and their effect (in terms of their state of existence and their existence) on the probability of corporate turnaround feasibility in Successful and Non Successful Turnaround Companies. The other objective was the development of an empirical model of the determinants of corporate turnaround feasibility capable of predicting the feasibility of corporate turnarounds. One hundred 'troubled companies ' were identified out of two hundred and eleven publicly listed companies of the Kuala Lumpur Stock Exchange through observations of their share price performance, earnings before interest and …

Exclusion Mapping Of Polycystic Kidney Disease: A Third Locus, Eoin Thompson

Theses: Doctorates and Masters

The aim of this research was to perform exclusion on a rare form of hereditary autosomal dominant polycystic kidney disease (ADPKD). To-date, two genes for ADPKD have been identified: PKDI which has been localized to the short arm of chromosome 16 and PKD2 which has been localized to the long arm of chromosome 4. However, a small number of families have been reported that have not shown linkage to either of these two loci, thus suggesting the existence of at least one additional locus (PKD3). Two families that are affected with ADPKD and do not show linkage to PKDI or …

Using Multimedia Microworlds To Motivate And Engage Adult Learners, Susan B. Stoney

Theses: Doctorates and Masters

As educational institutions come under increasing pressure from outside forces to restructure the way students learn, efforts are being made by researchers to find ways to assist students to learn through independent thought and to solve problems in a resource-based, self-paced environment. Such an environment needs to be sufficiently interesting and novel to motivate students who begin to use it, and to continue to engage them as they progress through it. This study has sought to identify what such a learning environment needs to encompass in order to motivate and engage adult learners so that they will not only want …

Factors Influencing Senior Secondary School Retention In Malaysia, Michael Liau

Theses: Doctorates and Masters

In this thesis a model to predict whether Form Five students in six secondary schools in Malaysia would continue with their Form Six studies and maintain their career aspirations was tested and the influence of motivation as a mediating variable was examined. There are two public examinations in Malaysia, which are not only important to the students themselves but also to their parents and to the employers who will be seeking credentials. The aspirations of students for their future careers are dependent on their performance at the Form Five public examination and the second Form Six public examination. This study …

Professional Development And Practice: A Study Of Early Childhood Teachers Of Mathematics, Wendy Hawthorne

Theses: Doctorates and Masters

In the past twenty years there has been increased interest in the ways in which teachers construct their professional lives. It is no longer assumed that preservice education alone will enable teachers to meet the challenges of their teaching lives. Ongoing professional development is seen as an essential component of contemporary teachers' lives but remains a challenge for professional development planners and providers. The nature and extent of teachers' participation in professional development was a significant dimension of the investigation of professional development contained in this thesis. The research questions which formed the basis for the data collection in this …

Stakeholders' Voices : A Socio-Cultural Approach To Describing And Extending An Understanding Of Primary Education In Mauritius, Michelle Griffiths

Theses: Doctorates and Masters

This study describes and expands an understanding of primary education in one developing country, Mauritius. The need for the study was argued from a review of literature which brought to notice the lack of social action perspectives in analysis of education in and about developing countries and the necessity and importance of knowing about the reality of schooling in developing countries. The research was conceptualised as a socio-cultural approach. It gave analytical priority to the actions, experiences and perceptions of teachers, pupils, parents and educationists in order to create an account of what Mauritian education was like and meant to …

Investigating Organisational Effectiveness Within The Federation Of Wa Police And Citizens Youth Clubs (Inc.), Bruce Heathcote

Theses: Doctorates and Masters

The purpose of this study was to identify organisational effectiveness criteria relevant to the Federation of WA Police and Citizens Youth Clubs; analyse variations between important constituent groups; and compare the criteria developed with the Objects of the Federation and relevant models for assessing organisational effectiveness within the Western Australian public sector. A four round Delphi technique was applied to club staff, management committee members, coaches and other volunteers (including current and ex-club members) to identify organisational effectiveness criteria. The 22 criteria developed were further refined to make 25 criteria that were tested against a larger sample using a mailed …

Predictability Of Everyday Task Performance By Perceived Health, Self-Efficacy And Cognitive Ability, Joan Klinger

Theses: Doctorates and Masters

This exploratory research investigated the relationship between a brief neuropsychological measure and everyday functional ability in older community dwelling adults. The association between these two areas is complex, as a specific functional domain often involves several of the cognitive skills typically assessed by a neuropsychological instrument. Whilst there is an extensive literature linking neuropyschological tests to everyday functioning in cognitively impaired older adults, little research has been directed at investigating the relationship between cognitive test performance and everyday competence in non-dementing older people who reside independently in the community. A brief cognitive instrument able to predict coping deficits in instrumental …