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Some Realistic Thinking About Secular Effects, Paul E. Salamanca

Law Faculty Scholarly Articles

Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It …

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Law Faculty Scholarly Articles

People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics …

Toward Justice In Tobacco Policymaking: A Critique Of Hanson And Logue And An Alternative Approach To The Costs Of Cigarettes, Richard C. Ausness, Paul A. Lebel

Law Faculty Scholarly Articles

Much of tobacco policymaking has been driven by economic and political forces. Professors LeBel and Ausness offer an alternative approach to tobacco policymaking that places justice concerns at the center of the analysis. Their article presents a detailed critique of a significant recent work by Professors Hanson and Logue advocating extensive tobacco industry liability on economic efficiency grounds. Asserting that a “fresh start” is necessary, LeBel and Ausness identify the interests at play in the tobacco policy arena. Instead of an ambiguous "interest balancing" approach, they construct a policy model that grounds those interests in justice considerations, demonstrating how claims …

Utah V. Christopher Cannoles : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM ORDER REVOKING PROBATION AFTER CONVICTION FOR RECEIPT OF A STOLEN CAR, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. 41-la- 1316 (1998), IN THE FIFTH JUDICIAL DISTRICT COURT IN AND FOR WASHINGTON COUNTY, STATE OF UTAH, THE HONORABLE JAMES L. SHUMATE, JUDGE, PRESIDING.

Ae Clevite, Inc. And Livery Mutual Insurance Company V. Labor Commision Of Utah And Charles Tjas : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Labor Commission of Utah Administrative Judge Barbara A. Elicerio

Will The Real Adam Smith Please Stand Up?: Teaching Social Economics In The Principles Course, Jonathan B. Wight

Economics Faculty Publications

Part of the difficulty of introducing social economics into the principles course is the perception that social economics is anathema to mainstream economics. As noted by Warren Samuels, however, "neoclassical economics is already a form of social economics" despite its "pretensions of methodological individualism and value-neutrality". Heilbroner also makes the case that the " ... the preponderance of great economists were aware of economics as explanation systems of particular socio-economic formations." Like it or not, economists err in omitting from their models what McCloskey calls "S" variables--variables representing the "social embeddedness" of values which direct human choices.

State Of Utah V. Todd Michael Medsker : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

Appeal from a Plea of Guilty to One Count of Possession of a Controlled Substance, a Third Degiee Felony taken by Judge Michael D. Lyon in the Second District Court of Morgan County

State Of Utah V. Dennis Craig Smith : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

APPEAL FROM CONVICTIONS FOR THEFT, A SECOND DEGREE FELONY, AND THEFT, A THIRD DEGREE FELONY, BOTH IN VIOLATION OF UTAH CODE ANN. §§ 76-6-404, 76-6-412 (1995 & SUPP. 1998); AND FOR ATTEMPTED THEFT, A CLASS A MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. §§ 76-4- 101 (1995), 76-6-404,76-6-412 (1995 & SUPP. 1998), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE JOSEPH C. FRATTO, JUDGE, PRESIDING.

Edward Dale Hardy, Ii V. Utah State Board Of Pardons And Parole, Scott Carver, Warden Utah State Penitentiary, Linda Clarke, Warden, California Training Facility : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from an Order of the Third Judicial District Court Salt Lake County, State of Utah Honorable Timothy R. Hanson

State Of Utah V. Nicholas D. Phipps : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the decision of the Honorable S. Don LeBaron, Seventh Judicial District Court, Grand County.

Utah V. Lance Michael Weeks : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE APPEAL FROM DENIAL OF POST-JUDGMENT MOTION FOR REVIEW HEARING REQUESTING RESTITUTION HEARING, IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE J. DENNIS FREDERICK, JUDGE, PRESIDING

Tammy Bronson V. Lisa Ann Jones : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SUMMARY JUDGMENT ORDER AND DENIAL OF MOTION TO AMEND OF THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, UTAH THE HONORABLE TIMOTHY R. HANSON, PRESIDING

Dan Parkinson, Cynthia Parkinson, Linda Hatch, And Guy Hatch V. Michael Morris, Elizabeth Morris And John Covey : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment, and Order Denying Motion for Judgment Notwithstanding the Verdict, or, in the Alternative, for a New Trial, by the Fourth Judicial District Court for the State of Utah, Utah County, Honorable Ray M. Harding, Jr., District Court Judge

University Of Central Florida Irps 3-Year Fact Book - Ay 1996-97 Through 1998-99, University Of Central Florida

Historical Fact Book and Enrollment

Historical fact book and enrollment data for the University of Central Florida.

Crummer Graduate School, Rollins College

Text Materials of Central Florida

Rollins College catalogue with list of faculty and students and courses by department.

Rollins College Brevard Campus, Rollins College

Text Materials of Central Florida

Rollins College catalogue with list of faculty and students and courses by department.

Mentoring In Adolescence: A Sociocultural And Cognitive Developmental Study Of Undergraduate Women And Sixth-Grade Girls In A Mentoring Program, Katharina Maria Fachin Lucas

Doctoral Dissertations

The purpose of this study was two-fold. First, a quasi-experimental study was conducted to explore the cognitive developmental effects of taking on the role of "mentor" as an undergraduate or the role of "mentee" as a sixth grader in one university-based mentoring program. Second, an ethnographic study was conducted to study the experiences of ten sixth graders and ten undergraduates as they took on the role of "mentor" or "mentee" in a planned mentoring relationship. A sociocultural analysis explored processes occurring on the personal, interpersonal, and community level that shaped the mentoring experiences of the participants.

The participants in this …

Queering/Querying Identities: The Roles Of Integrity And Belonging In Becoming Ourselves, Cari Ann Elizabeth Moorhead

Doctoral Dissertations

This dissertation presents a picture of the complexities and contradictions in the daily lives of people in the Seacoast area of New Hampshire who identify as, or are identified as, lesbian, gay, bisexual, transgender, queer, questioning and allied people (LGBTQQA). The focus of this study is the "Create Our Destiny" conference, a social change project. Philosophically, I viewed this project through a Postmodern feminist lens, and methodologically I used a grounded theory approach.

This dissertation is divided into three sections. Within section one, I present more detailed descriptions of my philosophical and methodological approaches, a description of the geographical and …

The Effects Of Medicaid And Maternal Depression On Prenatal Care And Infant Health, Lisa C. Defelice

Doctoral Dissertations

While in recent years, the infant health production function literature has expanded to incorporate behavioral inputs into the production of infant health current research fails to incorporate the Medicaid-private insurance choice into the mother's decision making process. This dissertation seeks to address this by treating private insurance and Medicaid as endogenous while considering the effects that the Medicaid eligibility rules have on both kinds of coverage. Medicaid and private insurance are entered directly into the health production function so that quality effects may be captured. In addition, a woman's state of mental health is also incorporated into the health production …

Memoirs, Movements, And Meaning: Teacher/Student Research In Freshman Composition, Carol Ann Hawkins

Doctoral Dissertations

The author interprets her memoirs as a reader and writer to describe how the movement from I to We, a process of "repositioning," shifted her perceptions from "hating school" to wanting to teach. She begins by tracing her roots as a "white," working-class woman from Cleveland (1952--1970) and ends by disclosing "what worked and what didn't work" when teaching freshman composition at the University of New Hampshire (1994--1997). She draws on feminist, ethnographic, rhetorical, and critical theory to compose "thick descriptions" of her reading, writing, and teaching life. She juxtaposes her struggles with Others', like Min-Zhan Lu, to identify, interpret, …

The Effects Of Reversible Inactivation By Lidocaine Of Ventral Striatum And Intralaminar Nucleus Of The Thalamus In Match To Sample Tasks With And Without Delays Trained In The Lever Box, Mary Christine Porter

Doctoral Dissertations

Three experiments systematically examined the effects of reversibly inactivating intralaminar nuclei and ventral striatum with infusions of lidocaine. The ventral striatum and the intralaminar nucleus were targeted based on deficits in accuracy and speed of responding in delayed conditional discrimination tasks associated with permanent lesions of these structures (Mair, Burk and Porter, 1998).

The present research showed that a 4.0 mul of 2% lidocaine caused impairments accuracy, but not in response speed, in a match to sample task trained in the lever box without delays when the internal cannula projects 0.5 mm from the guide cannula. One microliter of 2%, …

Domestic Visions And Shifting Identities: The Urban Novel And The Rise Of A Consumer Culture In America, 1852-1925, Nancy Helen Von Rosk

Doctoral Dissertations

Domestic Visions reexamines the tradition of the urban novel in America by reading the works of Nathaniel Hawthorne, Henry James, William Dean Howells, Theodore Dreiser, Paul Laurence Dunbar, Edith Wharton, Abraham Cahan and Anzia Yezierska within the historical and cultural contexts of an evolving urban consumer culture. Bringing together not only a wide range of canonical and non-canonical texts, but also an analysis of America's shifting domestic ideals over the last half of the nineteenth and early twentieth centuries, this study traces the impact of a new spectacular urban public culture on both the private realm and those who are …

Thinking Through Performance: Children Make Sense Of Characters And Social Relationships Through A Gesture-Based Theatre Convention (Tableau), Georgia Patricia Wilson

Doctoral Dissertations

This inquiry considers a gesture-based theatre convention called tableau as used by first and second graders during language arts instruction. I argue that tableau acts as a medium of thinking, used to make sense of literary text and of social relationships. Tableau is largely non-language-based; it augments instructional practices that are primarily language-based. Tableau reveals sophisticated understandings children cannot yet put into language. As such, tableau offers educators a means to cast children as capable analysts of literature.

Qualitatively oriented, this inquiry uses instrumental case study methods of observation and data analysis coupled with a concurrent conceptual study of the …

Motherwork, Artwork: The Mother/Artist In Fiction By Parton, Phelps, Chopin, Woolf, Drabble, And Walker, Nancy Hoyt Lecourt

Doctoral Dissertations

This study asks the question, What happens to a practicing (fictional) mother who also tries to be a practicing artist? How do literary texts represent such people? How do they represent the relationship between material and artistic work? The primary works studied are Sarah Parton's Ruth Hall, (1855), Elizabeth Stuart Phelps' The Story of Avis (1877), Kate Chopin's The Awakening (1899), Virginia Woolf's To the Lighthouse (1927), and Margaret Drabble's The Millstone (1965). The conclusion focuses on Alice Walker's short story, "Everyday Use."

Mother-artists finds themselves on the "wrong" side of the nature/culture binary, where ideologies about "true womanhood" and …

Confronting The War Machine: Draft Resistance During The Vietnam War, Michael Stewart Foley

Doctoral Dissertations

This dissertation recovers the history of the draft resistance movement in Boston during the Vietnam War. It is a blend of social, political, and cultural history that seeks not merely to assert the importance of draft resistance to our understanding of the antiwar movement and the Vietnam War era, but also to capture the experience of draft resisters and their supporters.

It is an actor-oriented history. The sources used include the personal private manuscript collections of participants, court records, underground newspapers, a 1997 survey administered to 310 former resisters and draft resistance activists (185 responded), and interviews with more than …

Learning To Read Music Cooperatively In A Choral Setting: A Case Study, Andrew Inzenga

Doctoral Dissertations

Two volunteer cooperative teams of ninth grade girls were studied for six months to discover whether and how they learned to read music. The two teams represented novice students and students who had received private instruction. Study teams represented the population of the freshman Girls Chorus. Teams met regularly during daily chorus rehearsals, with only occasional help from the director. These meetings were analyzed through video tape recordings to observe if students employed traditional teaching and learning strategies to assist each other in learning. It was determined that team members regularly use certain teaching and learning strategies to assist in …

Predicting Ageist And Sexist Attitudes And The Conditions For Their Existence, Heather Frasier Chabot

Doctoral Dissertations

Prejudice and discrimination are pervasive and problematic and affect intergroup relations (Allport, 1954). The purpose of the current research was to expand our understanding of ageist and sexist attitudes. The Pilot Study indicated some of the significant predictors of ageist attitudes among college students. The results of Study I indicated that college students view younger adults as more instrumental than older adults but they do not differentiate between older adults who are 65 to 74 years of age, 75 to 84 years of age, and 85 years or older. Study 2 indicated that intergroup distinctions among younger (17--28 years of …

Class In Seventeenth-Century British Drama By Women, Erika Mae Olbricht

Doctoral Dissertations

This dissertation argues that seventeenth-century drama by women should be analyzed as a public discursive practice rather than as privatized "closet drama." This study focuses on class in order to delineate the texts' participation in public modes of representation and offers post-marxist readings as an alternative to the gynocritical/biographical model that dominates criticism on literature by women of the early modern period.

Chapter one of this dissertation problematizes separate spheres ideology, lest texts by women become separated from the economic sites that inform them. I consider the ideological importance of generic conventions, arguing that conventions of tragedy and comedy are …

Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger

Journal of Criminal Law and Criminology

No abstract provided.

Louisiana's Newest Capital Crime: The Death Penalty For Child Rape, Annaliese Flynn Fleming

Journal of Criminal Law and Criminology

No abstract provided.