Digital Commons Network^™

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Publications

No abstract provided.

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein

Publications

In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the "benefit" obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be …

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.

Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein

Publications

In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.

Copyright And "New-Use" Technologies, I. Trotter Hardy

Faculty Publications

No abstract provided.

Partnerships That Work: National Service And Business In Welfare To Work, Robert J. Keast

Partnerships/Community

Welfare-to-work has come to the fore of the social policy debate in recent years. This especially has been the case since the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). PRWORA significantly altered over 60 years of American welfare policy by creating a public assistance program with the aim of replacing public sector welfare checks with private sector paychecks. In order to reach this goal, time limits on receipt of assistance as well as stronger work requirements have become central in moving people from welfare and into work.

Door To Door, Bryan Levek

Masters Theses

My creative thesis consists of four short stories and my author's introduction to them.

In my introduction, I discuss my primary literary influences; not only the author's whose approaches to short fiction that I share, but also those I feel indifferent towards. Sherwood Anderson's Winesburg, Ohio is admirable for its sketches of common people and ordinary life events. James Joyce is highlighted as the originator of literary epiphany, a moment of revelation or profound insight, and both A Portrait of the Artist as a Young Man and Dubliners provide examples of the device. Hemingway's stripped down language is appreciated for …

Interpersonal Solidarity In Relationships: A Cultural Analysis Of Lawyers Vs. Sports Agents, Andrea L. Cairns

Masters Theses

The cultural affects on relationship solidarity and satisfaction in relationships between lawyers and their clients, and sports agents and their professional athlete clients was examined. The results were gathered through a process of correlation tests and frequency report tables. All four groups of subjects were asked to complete a twenty questions survey which contained variables such as interpersonal solidarity, relational satisfaction, and communicative patterns of interaction. The results indicated that the two types of relationships are adversely co-dependent with respect to self-disclosure and it's relationship to interpersonal solidarity within a client-agent relationship.

Opinion: The Public Intellectual, Service Learning, And Activist Research, Ellen Cushman

Service Learning, General

While I support the good intentions of those who have recently proposed definitions of the public intellectual, I find these definitions problematic in their narrow delineation of the word "public"- they focus on a "public" consisting of middle and upper class policy makers, administrators, and professionals, and, in doing so, omit an important site for uniting knowledge-making and political action: the local community.

Service-Learning For Preservice Teachers: Ethical Dilemmas For Practice, David M. Donahue

Service Learning, General

Increasingly in the United States, service-learning is being used to educate preservice teachers. Service varies greatly in its ethical foundation, however, and service-learning presents new teachers with a variety of dilemmas revealing the moral and political nature of teaching and service. This article presents one case of four preservice teachers writing curriculum as a service to a community agency hoping to promote service geared toward social justice among high school students. The case highlights ethical dilemmas faced by teachers in the process and illustrates the potential of service-learning to educate teachers for the moral imperative of their profession.

Educational Excellence For All Children Act Of 1999, U.S. Department Of Education

Service Learning, General

The President announced that he would shortly send to the Congress the "Educational Excellence for All Children Act of 1999," his proposal to reauthorize the Elementary and Secondary Education Act of 1965 (ESEA). This legislation reaffirms the critical role of the Federal Government in working with schools, school districts, and States to promote educational excellence for all children. Every child, parent, grandparent, and taxpayer deserves high quality public schools in their communities.

More specifically, the proposal would build on the 1994 ESEA reauthorization, which established the core principle that disadvantaged children should achieve to the same challenging academic standards as …

The Granite, 1999, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff

American Indian Law Review

No abstract provided.

Now We Have Forgotten The Old Indian Law: Choctaw Culture And The Evolution Of Corporal Punishment, Steven M. Karr

American Indian Law Review

No abstract provided.

"Watch Your Six": An Indian Nation Judge's View Of 25 Years Of Indian Law, Where We Are And Where We Are Going, Robert Yazzie

American Indian Law Review

No abstract provided.

In Memoriam: Francis Browning Pipestem: A Great And Savage Warrior, Dena L. Sullivan

American Indian Law Review

No abstract provided.

Nations Within A Nation: The Evolution Of Tribal Immunity, Theresa R. Wilson

American Indian Law Review

No abstract provided.

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

American Indian Law Review

No abstract provided.

Book Reviews: "Inkuluration In Tranquebar" And "Brahmabandhab Upadhyay", Francis X. Clooney

Journal of Hindu-Christian Studies

A review for Inkulturation in Tranquebar: Der Beitrag der frühen dänisch-halleschen Mission zum Werden einer indisch-einheimischen Kirche (1708-1730) by Daniel Jeyaraj and Brahmabadhab Upadhyay: The Life and Thought of a Revolutionary by Julius J. Lipner.

Book Review: "The Common Task: A Theology Of Christian Mission", John J. Thatamil

Journal of Hindu-Christian Studies

A review of The Common Task: A Theodlogy of Christian Mission by Thomas Thangaraj.

Time In Hinduism, Harold Coward

Journal of Hindu-Christian Studies

Whereas Christian conceptions of time feature a strong linear thrust, Hinduism sees time as cyclical. While Christianity and Western thought generally view time and the universe as having a point of beginning with its creation by God, Hindu thought sees the universe and time as having been going on beginninglessly (anadi). There is no notion of an absolute first creation or beginning to time. However, within this beginninglessness, there are cycles of creation usually thought of in terms of the seed-plant metaphor. Each cycle of creation begins from a seed which sprouts, grows, flowers, withers, and dies, but …

Book Review: "Beyond The Darkness: A Biography Of Bede Griffiths", Bruno Barnhart

Journal of Hindu-Christian Studies

A review of Beyond the Darkness: A Biography of Bede Griffiths by Shirley Du Boulay.

Book Review: "A Report On Transnational And National Cultural Processes", Ronald Neufeldt

Journal of Hindu-Christian Studies

A review of Meeting Rivers: A Report on Transnational and National Cultural Processes edited by Lannart Svensson.

Book Review: "No Other Gods: Christian Belief In Dialogue With Buddhism, Hinduism, And Islam", Lance E. Nelson

Journal of Hindu-Christian Studies

A review of No Other Gods: Christian Belief in Dialogue with Buddhism, Hinduism, and Islam by Hendrik Vroom.

Book Review: "Ascent To The Depth Of The Heart. The Spiritual Diary (1948-1973) Of Swami Abhishiktananda (Dom H. Le Saux).", Anand Amaladass

Journal of Hindu-Christian Studies

A review of Ascent to the Depth of the Heart. The Spiritual Diary (1948-1973) of Swami Abhishiktananda (Dom H. Le Saux). edited by Raimon Panikkar.

Book Review: "Religions In Conflict: Ideology, Cultural Contact, And Conversion In Late-Colonial India", Harold Coward

Journal of Hindu-Christian Studies

A review of Religions in Conflict: Ideology, Cultural Contact, and Conversion in Late-Colonial India by A. R. H. Copley.

Cover And Contents

Turkish Journal of Mathematics

No abstract provided.

Theory And Research In Social Education, Volume 27, No. 4, Fall 1999, E. Wayne Ross

Theory and Research in Social Education

No abstract provided.

Metaphors Of The Origin Of Species: A Case Study Of The Relationship Between Metaphor Thought And Bodily Experience, Abdulsalam S. Al-Zahrani

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Enterface: A Novella, Hubert Calip Mcleod

Retrospective Theses and Dissertations

A computer screen places each of us in an interface and virtual reality provides a totally simulated environment, a virtual world that we can enter. Enterface is a novella that examines the question first posed by Michael Heim: How far can we enter cyberspace and still remain human? It also explores the power and the limitation of language and the role of stories to shape reality in human life. Its themes are death, technology, ethics, and love. It is informed by Wittgensteinian philosophy, Norse mythology, and the "metaphysics of virtual reality."

The plot involves Moses Mackinow, a former Air Force …