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1999

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The Having-Sent-Me Father — Aspects Of Agency, Encounter, And Irony In The Johannine Father-Son Relationship, Paul N. Anderson Jan 1999

The Having-Sent-Me Father — Aspects Of Agency, Encounter, And Irony In The Johannine Father-Son Relationship, Paul N. Anderson

Faculty Publications - George Fox School of Theology

No abstract provided.

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Determining Local Labor Market Outcomes Through Federal Minimum Wage Legislation And Immigration Policy: The Role Of State-Specific Variation., Marvin Edward Dodson Jan 1999

Determining Local Labor Market Outcomes Through Federal Minimum Wage Legislation And Immigration Policy: The Role Of State-Specific Variation., Marvin Edward Dodson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Individual states within the United States have vast and specific structural differences in their economies in general and their labor markets specifically. These structural differences may combine with federal regulation to produce results at odds with the intention of any particular federally legislated regulation. Federal minimum wage legislation and immigration policy are two examples of economic regulation that impose uniformity across the states without regard for state specific structural differences. This dissertation demonstrates that differences do exist between state economies and thus these federal regulatory activities will induce a varied set of responses. There is some theoretical basis to believe …

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A Study Of Teachers' Confidence Levels Toward Meeting The Computer Technology Instructional Objectives Of The West Virginia Dept. Of Education., Cathy Jo Rotunda Jan 1999

A Study Of Teachers' Confidence Levels Toward Meeting The Computer Technology Instructional Objectives Of The West Virginia Dept. Of Education., Cathy Jo Rotunda

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to examine factors that would have an impact on training development for an established workforce facing reform initiatives. A two-part literature section includes an examination of existing research from educational theory, memory research, adult development theory, cognitive psychology, organizational, industrial, and personnel psychology, and instructional design models. The result is a set of guidelines for the training program developer who is concerned about implementation of reform strategies and resistance-to-change issues. The target workforce for this study was the West Virginia public school teacher. The reform initiative was the introduction of computer technology into the …

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The Effect Of Product Design And Packaging Parameters On Effective Storability And Retrieval: A Computer-Based Approach., Srinath Srivatsavan Jan 1999

The Effect Of Product Design And Packaging Parameters On Effective Storability And Retrieval: A Computer-Based Approach., Srinath Srivatsavan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The product life cycle begins with the feasibility study, design, manufacturing, and moves towards storage, retrieval, and distribution, ultimately ending the life in retirement. The design and manufacturing functions, in this product life cycle, are far apart from the storage, retrieval, and distribution functions. However, the effect and impact of the design function on the storability, retrieval, and distribution functions is significant. The significance is seen in the form of the costs incurred and committed to the storage infrastructure and materials handling activities. The product design parameters also influence the unit design aspects when the products are packaged as units …

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Modification And Psychometric Examination Of A Self-Report Measure Of Fear In Older Adults., Jane Null Kogan Jan 1999

Modification And Psychometric Examination Of A Self-Report Measure Of Fear In Older Adults., Jane Null Kogan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Very few studies have examined the concept of fear in older adults. Moreover, there is no self-report measure of fear that has been shown to be psychometrically sound for use with older individuals. The primary purposes of the present study were: (a) to develop a measure of self-reported fear that includes fears relevant to older adulthood, (b) to develop a measure for assessing daily interference associated with fears, and (c) to examine the psychometric properties of this new instrument. Secondarily, preliminary findings from Kogan and Edelstein (1997) raise the question of why some older adults report interference resulting from fear …

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Mixed-Mesophytic Forest Understory Communities And Edge Effect: The Role Of Canopy Gaps In Edge Composition And Structure., Cedric Edwin Landenberger Jan 1999

Mixed-Mesophytic Forest Understory Communities And Edge Effect: The Role Of Canopy Gaps In Edge Composition And Structure., Cedric Edwin Landenberger

Graduate Theses, Dissertations, and Problem Reports (ETD)

Temperate forest canopy gaps are generally characterized as spatially discrete patches whose biophysical properties are a function of gap size and age acting in conjunction with subcanopy composition and structure. The surrounding gap environment is rarely considered, although there are reasons to suggest that gaps may be influenced by adjacent canopy openings such as agricultural fields, roads, and timber harvests. Experimental canopy gaps (∼75 m 2) were created adjacent to silvicultural clearcuts (∼5 ha.) in second-growth mixed-mesophytic forest to better understand the effect of clearcutting on adjacent canopy gap understones. Gaps were created on west- and south-facing edges at 15 …

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The Relationship Of Leadership Frame Use Of Departmental Chairs To Faculty Job Satisfaction As Perceived By Selected Departmental Faculty Members., Saralyn Grenga Mathis Jan 1999

The Relationship Of Leadership Frame Use Of Departmental Chairs To Faculty Job Satisfaction As Perceived By Selected Departmental Faculty Members., Saralyn Grenga Mathis

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study was designed to examine the relationship between faculty job satisfaction and the leadership frame use of that faculty member's immediate superior, usually the departmental chair, as perceived by the faculty member. One hundred and seventy-two faculty members who had no administrative title and who held a full-time position as a professor, associate professor, or assistant professor at any of the five West Virginia public, Southern Regional Education Board four-year VI institutions of higher education completed The Mohrman-Cooke-Mohrman Job Satisfaction Scale and Bolman and Deal's Leadership Orientations Instrument (other version). Descriptive statistics and one-way analyses of variance were used …

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Selecting The Most Qualified Teacher Applicant Utilizing West Virginia Code Section 18a-4-7a., Paul E. Barcus Jan 1999

Selecting The Most Qualified Teacher Applicant Utilizing West Virginia Code Section 18a-4-7a., Paul E. Barcus

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to examine the perceptions of county school superintendents, county personnel directors, principals, and teachers in West Virginia who had been involved in the teacher selection process concerning the effectiveness of West Virginia State Code §18A-4-7a. More specifically, this study examined the perceived effectiveness of the second set of criteria found therein in leading to the employment of the most qualified applicant for a classroom teaching position in the public schools of West Virginia. A descriptive research design through a questionnaire was used which involved the analysis of the responses by the participants in the …

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Labor For Bread: The Exploitation Of Polish Labor In The Soviet Union During World War Ii., Jean C. Bingle Jan 1999

Labor For Bread: The Exploitation Of Polish Labor In The Soviet Union During World War Ii., Jean C. Bingle

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the summer of 1939, the Soviet Union signed a nonaggression pact with Nazi Germany, which not only reassured Stalin of Russia's security, but also sealed the fate of hundreds of thousands of unsuspecting inhabitants of Poland's eastern provinces who were subsequently deported to the Soviet interior between 1939 and 1941. Beginning with community leaders and their families, the arrests and deportations ultimately permeated the entire social hierarchy. The exact number of those deported will never be known, but the Polish survivors from the depths of the GULag do provide valuable information about the conditions under which they lived and …

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Caste, Class, And Equal Citizenship, William E. Forbath Jan 1999

Caste, Class, And Equal Citizenship, William E. Forbath

Michigan Law Review

There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …

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Exit And Voice In The Age Of Globalization, Eyal Benvenisti Jan 1999

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

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Private Ordering At The World's First Futures Exchange, Mark D. West Jan 1999

Private Ordering At The World's First Futures Exchange, Mark D. West

Michigan Law Review

Modern derivative securities - financial instruments whose value is linked to or "derived" from some other asset - are often sophisticated, complex, and subject to a variety of rules and regulations. The same is true of the derivative instruments traded at the world's first organized futures exchange, the Dojima Rice Exchange in Osaka, Japan, where trade flourished for nearly 300 years, from the late seventeenth century until shortly before World War II. This Article analyzes Dojima's organization, efficiency, and amalgam of legal and extralegal rules. In doing so, it contributes to a growing body of literature on commercial self-regulation while …

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Lawyers, Law, And Contract Formation: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Robert K. Rasumssen Jan 1999

Lawyers, Law, And Contract Formation: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Robert K. Rasumssen

Michigan Law Review

Attempting to infuse the austerity of theory with a dose of reality, an intrepid group of legal scholars has left the security of the office and ventured into the work-a-day world of commercial practices. The information that they have gathered and are sharing with the rest of us is furthering our understanding of the interaction between commercial law and commercial practice. Embedded in much of the research they have generated is the not-so-flattering conclusion that law professors suffer from a self-serving bias. Those of us in the academy engage in the assumption, often unstated or even unacknowledged, that the law …

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The Richness Of Contract Theory, Randy E. Barnett Jan 1999

The Richness Of Contract Theory, Randy E. Barnett

Michigan Law Review

When I teach the doctrine of good faith performance, I assign an exchange between two distinguished contracts scholars, Robert Summers and Steven Burton, that has come to be known as the "Summers-Burton" debate. This debate is interesting not only for the contrasting views of its protagonists concerning the doctrine of good faith, but also because of the generational shift in modes of scholarship it represents. In the 1950s and 1960s, contracts scholars, like so many others, rejected so-called "conceptualist" or "formalist" approaches that attempted to dictate the outcome of cases with general concepts and rules. Contracts scholarship was dominated by …

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Open Chambers?, Richard W. Painter Jan 1999

Open Chambers?, Richard W. Painter

Michigan Law Review

Edward Lazarus has written the latest account of what goes on behind the marble walls of the Supreme Court. His book is not the first to selectively reveal confidential communications between the Justices and their law clerks. Another book, Bob Woodward and Scott Armstrong's The Brethren2 achieved that distinction in 1979. Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court, however, adds a new twist. Whereas The Brethren was written by journalists who persuaded former law clerks to breach the confidences of the Justices, Lazarus was himself a law clerk to Justice Harry Blackmun. Closed …

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Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman Jan 1999

Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman

Michigan Law Review

The Practice of Justice: A Theory of Lawyers' Ethics, by William H. Simon, is one of the most thoughtful and important books in legal theory - not just legal ethics - published in the past ten years. Like David Luban's seminal contribution to legal ethics, Lawyers and Justice: An Ethical Study, published a decade ago, Simon's book is a deliberate rival to accounts of lawyers' professional responsibility that begin with a command to zealous advocacy, end with a prohibition on outright illegal conduct, and offer nothing in between. Authors and commentators have grown increasingly dissatisfied with this as the basic …

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Counseling Counsel For Children, Martin Guggenheim Jan 1999

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

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Revisionism Misplaced: Why This Is Not The Time To Bury Autonomy, David J. Rothman Jan 1999

Revisionism Misplaced: Why This Is Not The Time To Bury Autonomy, David J. Rothman

Michigan Law Review

For the past twenty years, bioethics has exerted a profound influence on American medicine. Although its full impact cannot be precisely measured, one need only speak to European physicians and clinical investigators to grasp the full extent of the change. Americans may debate the sufficiency of the information that physicians share with their patients, but hear a European doctor exclaim angrily that it is criminal to ask a woman to decide whether to have a radical mstectomy or lumpectomy, and you know that bioethics has made a significant difference in the United States. So too, Americans, far more intensely than …

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Civics 2000: Process Constitutionalism At Yale, Daniel J. Hulsebosch Jan 1999

Civics 2000: Process Constitutionalism At Yale, Daniel J. Hulsebosch

Michigan Law Review

One or another form of historical fidelity has long been in the repetoire of constitutional interpretation, and during the last two decades conservative jurists have searched for the "original intent" of various clauses. Increasingly, however, it is liberal law professors who are turning to history to make sense of American constitutionalism. What they find there is not a document listing eternal rights or duties but rather a multidimensional structure of government, captured as much in practice as on paper, that has metamorphosed over time. It seems we have, in that familiar phrase, a living Constitution. But interest is shifting from …

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Direct Democracy In America, Sherman J. Clark Jan 1999

Direct Democracy In America, Sherman J. Clark

Michigan Law Review

The phrase "laboratories of democracy," as applied to the states, seems most often to mean something more like "democratic laboratories" - democratic testing grounds for various approaches to social problems. What sort of welfare reform will be most effective? Let Wisconsin try out Plan A, while Michigan experiments with Plan B. What combination of tort liability rules will achieve desired levels of compensation and deterrence? Let the states experiment with strict liability, comparative negligence, or various nofault schemes. It is also true, however, that the states are literally laboratories of democracy - arenas in which democratic institutions are themselves experimented …

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Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne Jan 1999

Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne

Michigan Law Review

Henry Hart began his 1964 Holmes Lectures by asking what a "single" would be without baseball. We rolled our eyes at that one, reveling in the maestro's penchant for the occult. As usual, though, Professor Hart was trying to tell us groundlings something precious. He was warning us that conventional legal thinking, by stressing rigorous deconstructive analysis, can obscure an important unity in favor of components that should be analyzed, not solely as freestanding phenomena, but as part of the unity. Without recognition of the unity, analysis of the components risks being carried on in a normative vacuum that will …

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Farewell To An Idea? Ideology In Legal Theory, David Charny Jan 1999

Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

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To Change Or Not To Change: A Case Study Of One Urban High School's Technological Transformational Process., Diana L. Wisell Jan 1999

To Change Or Not To Change: A Case Study Of One Urban High School's Technological Transformational Process., Diana L. Wisell

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study utilized a case study format for examining one urban high school's inclusion of technology and subsequent changes to the curriculum, school design, school organization, and teachers' pedagogy brought about as a consequence. Specifically, the study addressed five broad questions: (1) How do teachers view technology's role in their curriculum? (2) What is the role of computers in curriculum change? (3) Does extended work with computers change the types of communications processes used? (4) How does work with computers change (a) instructional practices, (b) overall school design, and (c) school organization? and (5) What is the role of change …

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The Bond Of An Enduring Relationship: United States-China Scientific Relations, 1949-1989., Yuegen Yu Jan 1999

The Bond Of An Enduring Relationship: United States-China Scientific Relations, 1949-1989., Yuegen Yu

Graduate Theses, Dissertations, and Problem Reports (ETD)

Science has long been a principle driving force in United States-China relations. It has served as the lasting bond of the two countries, enduring but often turbulent relationship. This dissertation is a study of the development of United States scientific relations with the People's Republic of China (PRC) from 1949 to 1989. Science was a key element in America's historical “special relationship” with China. The rich tradition of Sino-American scientific cooperation dated back to the 1840s. From the establishment of the PRC in 1949 to the Sino-American rapprochement in 1972, despite inactivity in scientific discourse between the two countries as …

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Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin Jan 1999

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

Touro Law Review

No abstract provided.

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Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr. Jan 1999

Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.

Touro Law Review

No abstract provided.

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Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima Jan 1999

Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima

Touro Law Review

No abstract provided.

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The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith Jan 1999

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Touro Law Review

No abstract provided.

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Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti Jan 1999

Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti

Touro Law Review

No abstract provided.

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To Heal Another Or To Protect Oneself?: Hiv Under The Ada In Light Of Bragdon V. Abbott, Leah Guidry Jan 1999

To Heal Another Or To Protect Oneself?: Hiv Under The Ada In Light Of Bragdon V. Abbott, Leah Guidry

Touro Law Review

No abstract provided.

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