Digital Commons Network^™

Modern Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

Review of Sheldon Goldman, Picking Federal Judges: Lower Court Selection From Roosevelt Through Reagan (1997).

English Ideas On Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

In 1700 the only methods of legal education in England and Virginia were apprenticeship to a practising lawyer, either a barrister, a solicitor or a court clerk, and independent reading of law books; most persons seeking active membership in the legal profession did an apprenticeship supplemented by reading and observing the courts in action. In 1700 the inns of court had long since ceased to provide legal instruction, and the universities in England and Virginia had not yet begun to do so. The obvious importance of legal education was, however, not overlooked on either side of the Atlantic Ocean.

Intent, Purpose And Motivation In Constitutional Litigation, Leon Friedman

Hofstra Law Faculty Scholarship

I will discuss the wonderful interrelation between intent, purpose and motivation. I have always loved analyzing the difference between these three concepts in the criminal procedure area. These words are used interchangeably in three different areas of the law and the words mean something different depending upon what area you are talking about.

Let me briefly get the criminal part of it out of the way. We use intent in the criminal law because at that point the key consideration is whether one volitionally wanted to do that which one was accused of doing. Intent in the criminal area is …

First Amendment Imperialism (A Response To Michael Walzer's Leary Lecture), Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

The First Amendment threatens to swallow up all politics, replacing democratic decision-making based on claims that policies are in the public interest with judicial analysis of the nature of free speech and the distinction between speech and action.

In the manner of classic social contract theory, First Amendment law asserts the separation of the state from the most salient issues of democratic debate. Increasingly, however, it acts as a bar to governmental action not just with regard to the issues of conscience and religious practice with which it began, but far into the realm of economic regulation we thought the …

Properties Of An Aluminum Based Multilayered Material Versus Package And Processing Performance, Eoin De Roiste

Theses

Due to a manufacturing issue within the company the lack of knowledge of a key material is highlighted. Research into the material is conducted under seal testing and mechanical properties. The material is multilayered, with aluminium foil as its core plus is top coated and has a sealant layer as its bottom coating. Background literary review commences with a chronological assessment of packaging down through the ages and culminates with details on multilayered materials, concentrating on the type of material being researched. A test plan details the research requirements. Seal testing consists of burst and peel testing of the material …

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the first adoption statutes emerged in the United States. Although the enactment of these statutes has been hailed as "an historic moment in the history of Anglo-American family and society" and "the most far-reaching innovation of nineteenth-century custody law," few scholars have made an effort to document the actual operation of adoption law following the enactment of these landmark statutes.

This article does just that. Drawing …

The Limits Of Social Choice Theory: A Defense Of The Voting Rights Act, Grant M. Hayden

Hofstra Law Faculty Scholarship

This Article presents a defense to the challenge that social choice theory presents to voting rights. Arrows theorem, the crown jewel of social choice theory, holds that no voting procedure that meets some minimal conditions of democratic fairness can ensure transitive, meaningful outcomes. The theorem provides a powerful argument against the ability of any court to devise objective vote dilution standards. Because such standards are now a necessary element of claims under section 2 of the Voting Rights Act, Arrows theorem may be viewed as a fundamental threat to the viability of all such claims. The defense of voting rights …

"Practice Of Law" In The New Millennium: New Roles, New Rules, But No Definitions, Linda Galler

Hofstra Law Faculty Scholarship

This Article proposes that the MDP Commission consider separately and independently its interests in regulating lawyers and excluding non-lawyers. A definition of the "practice of law" could be drafted now, solely for the purpose of regulating lawyers in multidisciplinary firms, while the professional activities of non-lawyers could be addressed separately, at this time or later, for example, by intensifying efforts to enforce unauthorized practice of law ("UPL") statutes. By concentrating initially only on lawyers, the MDP Commission could readily attain its goal of regulating every lawyer who provides legal services-a goal that is both fundamental and immediate. Although a model …

The Age Of Autonomy: Legal Reconceptualizations Of Childhood, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This Article aims to explain the peculiarity involved in the law's redefining children in two contexts in which such redefinitions seem least felicitous. Toward this effort, Part II, following this introductory section, outlines the developing preference within society and within the law for individualism within American families, especially insofar as adults are concerned. Part III considers the depth of social ambivalence about that preference with regard to understandings of children and childhood. Part IV details and compares concrete legal responses to children in dysfunctional families and to children within the juvenile justice system. Part V focuses on the implications of …

Review Of The Year Books Of Richard Ii: 1382-1383 By Samuel E. Thorne & George F. Deiser, Eds., David J. Seipp

Faculty Scholarship

Of the making of Year Books there is no end. Three scholarly enterprises - the Rolls Series, Selden Society, and Ames Foundation - have undertaken to provide modern editions and translations of medieval English Year Books, the law French reports of oral pleading and judicial dialogue in lawsuits heard in the Common Bench and other common law courts. The present volume fills a gap in the most recent of these efforts, that of the Ames Foundation of Harvard Law School to print the surviving manuscript Year Books of the reign of Richard 11 (1377-1399). This volume, the sixth year of …

Identity, Privacy, And The New Information Scalpers: Recalibrating The Rules Of The Road In The Age Of The Infobahn: A Response To Fred H. Cate A Symposium On Law And Technology In The New Millenium: Closing The Gap, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Promise And Fulfillment In Hellenistic Jewish Narratives And In Luke And Acts, William Kurz

Theology Faculty Research and Publications

No abstract provided.

Unplanned Career Paths: The Role Of Serendipity (Part 2), Jim Hambleton, Louis Calvert

Faculty Scholarship

Starting a new position, for whatever reason, means remaining open to new people and new procedures. While it may not be evident, almost every procedure in a library has a historical reason for being. The challenge is to take the time to understand why something is done the way that it is, then evaluate whether the underlying basis still is valid. People often do things "because that's the way it's always been done" without comprehending the underlying reason for the existing procedure. But if the underlying reason still is valid, procedures shouldn't be changed haphazardly.

Understanding the culture of the …

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.

Echo, 1999, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: The Lady Vanished: Murder, Mobsters and a 40-Year- Old Mystery; Santeria's Secret Rituals; "D" is for Diva: Female Impersonator Tells All!; Trust is the Flava: Chicago Hip Hop's Bustin' Out. Editor: Christopher Keech. 52 pages.

Campus Climate For Gay, Lesbian, And Bisexual Students: A Survey Of Faculty, Staff And Students, Amanda D. Barton

Masters Theses

This study examined the campus climate for gay, lesbian, and bisexual students at Eastern Illinois University. The population (N=210) was studied to investigate three hypotheses: 1) there are no differences between the variables of gender, campus involvement, race and university status in relation to attitudes towards homosexuals; 2) there are no differences among students, and faculty/staff/administration in the type of involvement each would extend to homosexual students under duress; and 3) there are no differences among students, faculty, and staff in their willingness to be educated and their levels of education about homosexual issues. The population of students and faculty, …

Eliminating In-School Disciplinary Study Halls: A Study Of The Effects Vs Teacher Perceptions Of The Disciplinary Environment, Lyle A. Rigdon

Masters Theses

This study reviewed and evaluated the effect that elimination of all-day, in-school disciplinary study halls had on one rural East Central Illinois high school of fewer than 400 students. Historical data of student discipline over a 3-year period were gathered and a staff perception survey of current conditions was administered. This study compared staff perceptions to historical data collected.

Until 1995, Westville High School had experienced a sharp decline in overall student behavior. Students often left classes without permission, wore clothing that exhibited drug and alcohol slogans, and were belligerent toward the teaching staff. Additionally, IGAP test scores had declined …

The Relationship Between Family Environment And Proneness To Shame And Guilt, Ericka N. Hamilton

Masters Theses

This study examines shame- and guilt-proneness and family environment factors that predict these two affective experiences. One-hundred and ninety undergraduates completed the Test of Self-Conscious Affect and the Family Environment Scale. The results indicated that a family emphasis on moral and religious issues and values was most predictive of shame. An emphasis on moral and religious issues and values as well as an interest in social and political activities was most predictive of guilt. The findings in this study differ from the theoretical literature which has suggested that the relationship between family environment and an individual's proneness to guilt and …

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.

Collaboration Versus Pull-Out Intervention: Effects On Vocabulary Acquisition And Classroom Communication, Jennifer J. Sturm

Masters Theses

This study investigated improvement in curricular vocabulary in school-aged children grades kindergarten through third at two different elementary schools. One school received collaborative classroom-based language lessons from the teacher and speech-language pathologist (Collaborative School). The other school received regular instruction from the classroom teacher without the input of the speech-language pathologist (Traditional School). The speech-language pathologist provided services to the children with speech or language IEP goals at the Collaborative School primarily in the classroom through these language lessons. The students who received speech or language therapy at the Traditional School received services solely through the pull-out model of intervention. …

Analysis Of Technology Plans Of Selected Suburban Elementary Schools Within Regional Office Of Education/North Cook Intermediate Service Center #1, Diane V. Ettelbrick

Masters Theses

Technology continues to be a topic of great interest and concern in the educational community. The educational system is responsible for preparing students so that they can function successfully in life and work in the world of today and tomorrow. The interest and concern regarding technology in the educational setting has spread in recent years to include the sectors of business and politics. East Maine School District No. 63, where the author of this study is employed as a Library/Media Specialist, has not developed a formal technology plan as recognized by the Illinois State Board of Education. The purpose of …

A Comparison Of The Health Belief Model And Stages Of Change In Exercise Behavior Construct In Cardiac Rehabilitation Patients, Tracey Phillips

Masters Theses

The purpose of this study was to compare the Health Belief Model (HBM) and the STAGES theoretical constructs in the uncovering of influencing factors associated with exercise compliance behaviors in cardiac rehabilitation subjects.

Sixty subjects who had experienced a cardiac event and who were attending a phase II outpatient cardiac rehabilitation program participated in this study. A questionnaire regarding health beliefs and exercise behavior classification was administered. Questions pertained to general health motivations, effectiveness of the intervention, perception of disease severity, perception of susceptibility and the stage of exercise behavior.

An analysis of variance and Tukey's post hoc comparison statistical …

The Triple Crown Program: Addressing Respect And Responsibility Among Elementary Students, Mary Letitia Durnil

Masters Theses

The purpose of this qualitative study was to design a respectful and responsible student program for the students and staff of Muffley Elementary School in Decatur, Illinois. It was designed to answer the question: What type of program may be instituted to lay the foundation of respect and responsibility education? This study has laid the foundation for addressing the issue at Muffley Elementary School.

Several objectives were developed in order to meet the purpose of this study. The meeting of each objective lead to a component of the overall program. The first objective was the development of a booklet to …

Millennial Rhetoric At The Turn Of The Millennium, John Robert Stanley

Masters Theses

Millennial rhetoric has predominately had an apocalyptic theme in the past; however, the current rhetoric about the millennium can be seen as more positive, optimistic, and enthusiastic. By treating the texts Deep Impact and Armageddon, various news sources, and five web sites as part of what Becker (1971) defines as a "mosaic," it was found that the current view of the millennium presents various tensions present in our current society. These tensions include unity versus individualism, technological advancement versus technological limitations, and optimism versus angst. The analysis suggests that unity is preferred over individualism to overcome current obstacles at …

A Comparison Of The Social Skills Rating System And The Preschool And Kindergarten Behavior Scales, Susan Hayner

Masters Theses

The Preschool and Kindergarten Behavior Scales (PKBS) and the Social Skills Rating System (SSRS), Teacher Form, at the Preschool and Elementary Levels, are fairly new instruments that purport to evaluate children's prosocial abilities and deviant problem behavior. Little research exists comparing the two instruments. Both scales have been determined to be globally technically adequate. However, the research has been limited thus far. The purpose of the current research was to further investigate the relationship between the two scales. A sample of children (n=136) in west central Illinois public and private preschools were used to collect the data. Of these, 64 …

The Use Of Noncontingent Reinforcement In The Regular Education Classroom With Attention-Deficit Hyperactivity Disorder Children, Heather A. D. Ochs

Masters Theses

A problem that exists in many regular education classrooms is excessive disruptive behavior of students. This study will examine the disruptive behavior of two children, age 8, who have been diagnosed with Attention-Deficit Hyperactivity Disorder, in a simulated regular education classroom. Due to a renewed emphasis on linking treatment to functional analysis, noncontingent reinforcement was utilized to determine whether teacher mediated or peer mediated attention can decrease the disruptive behavior. This study used a multi-element design for the functional analysis and a reversal (ABAB) design to evaluate the effects of the noncontingent reinforcement treatment. Results indicated that peer attention was …

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.

Self-Assessment Rubric For The Institutionalization Of Service-Learning In Higher Education, Andrew Furco

Service Learning, General

The Self-Assessment Rubric for the Institutionalization of Service-Learning in Higher Education was designed to assist members of the higher education community in gauging the progress of their service-learning institutionalization efforts on their campus.

The rubric is structured by five dimensions that are considered by most service-learning experts to be key factors for higher education service-learning institutionalization. Each dimension is comprised of several components that characterize the dimension. For each component, a threestage continuum of development has been established. Progression from Stage One: Critical Mass Building to Stage Three: Sustained Institutionalization suggests that the institution is moving closer to fully institutionalizing …

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.