Digital Commons Network^™

The Influence Of Cultural Backgrounds On The Interpretations Of Literature Texts Used In The Esl Classroom, Barbara Jostrom Gates

Dissertations and Theses

This study was a detailed descriptive investigation into the different interpretations and perceptions that are evoked by readers of United States literature, based on their cultural backgrounds and experience. Grounded in research that advocates for the convergence of culture and literature in the language classroom and a research design based on reader-response theory, this study explored the responses of two groups of students from the University of Portland: international students, the majority of whom were English as a Second Language (ESL), and U.S. citizens, all of whom were native speakers of American English.

Through a reader-response style questionnaire modeled after …

Using Δe Distribution As A Predictor Of Digital Proofing Performance, Raul Eduardo Gonzalez Dorbecker

Theses

The performance of color matching in ICC-based Color Management Systems (CMS) is being improved, and its workflow established. As part of the digital workflow, digital proofing plays an important roll in the control of color from capture to the printed page, but its method of evaluation is not clearly understood.

To evaluate the degree of color matching by digital proofing in an ICC-based CMS between a reference image and a sample image, the [formula] calculated by averaging the individual color differences is being used. Doing a qualitative evaluation, ICC-based CMS should be able to stand behind the statement that the …

The Rich Have More Money, George J. Annas

Faculty Scholarship

Review of Ethics, Equity and Health for All, by Z. Bankowski, J. H. Bryant, and J. Gallagher, eds. (Geneva: CIOMS, 1997)

The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher

Faculty Scholarship

The Supreme Court in Kyles v. Whitley affirmed the prosecutor's duty under Brady v. Maryland to disclose exculpatory evidence to the defense, even if the police have not revealed the evidence to the prosecutor. According to the Court, prosecutors are responsible for ensuring that police communicate relevant evidence to her office. How should prosecutors implement that responsibility? Both England and the United States require prosecutors to disclose exculpatory evidence known to the police, but they take radically different approaches to implementing the prosecutor's duty. The English have legislated a comprehensive regulatory framework for police record keeping and revelation of case …

A Proposal For A New Massachusetts Notoriety For Profit Law: The Grandson Of Sam, Sean J. Kealy

Faculty Scholarship

In recent years, two women stood convicted of highly publicized major crimes in Massachusetts. Katherine Ann Power ("Power") was a fugitive who committed felony-murder in 1970. She led a life on the run as a fugitive until 1993 when she revealed her true identity and surrendered to authorities to face the consequences of her crimes. Louise Woodward ("Woodward"), an au pair originally from England, gained notoriety on both sides of the Atlantic Ocean when she was convicted of killing the baby entrusted to her care. Both women captured the attention of the national media for months and reportedly had opportunities …

Shaping Competition On The Internet: Who Owns Product And Pricing Information, Maureen A. O'Rourke

Faculty Scholarship

Historically, markets have almost always fallen short of satisfying the conditions for and providing consumers with the benefits of perfect competition. Certain characteristics of electronic markets, however, enhance the possibility that e-commercel will be conducted in an environment that comes closer to attaining the perfectly competitive ideal than that of most conventional markets.

Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron

All Faculty Publications

This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Authority Of Illinois Lawyers To Settle Their Clients' Civil Claims: On Principles Not Quite Settled, Jeffrey A. Parness, Austin Bartlett

Faculty Articles, Papers, and Other Scholarship

The Illinois laws guiding lawyer civil claim settlement authority are not well settled and should be reexamined to provide lawyers with clear standards when they agree to a settlement on behalf of their clients. A comprehensive rule making initiative pursued by the Illinois Supreme Court is the best vehicle to settle the principles of lawyer conduct. In undertaking such an initiative, the Illinois Supreme Court should clarify issues of actual authority, apparent authority, burdens of proof, and open court presumptions. Furthermore, the Illinois Supreme Court should address other laws directly impacting upon, but unrelated to, lawyer settlement authority, including laws …

Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii

Scholarly Works

This Symposium brings the considerable talents of a diverse group of scholars to bear on a pressing problem in legal theory: Whether critical theory is possible after the hermeneutical turn. All too often, this problem is framed to invite an “either-or” response. Either we reject the hermeneutical turn and hew to a traditional account of critique anchored by an unimpeachable standard (whether economic, historical, conceptual, cognitive, or otherwise), or we take the hermeneutical turn by embracing radical historical contingency and fluidity, thereby forsaking the possibility of critique and surrendering to conservative conventionalism or inviting postmodern chaos. This Symposium challenges this …

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.

A Reflective Rhetorical Model: The Legal Writing Teacher As Reader And Writer, Linda L. Berger

Scholarly Works

Like most writing teachers, the legal writing teacher believes that his reading and response to student work is the most important thing he does, an importance that is underscored by the amount of time it takes. Yet, despite its importance and the hours it consumes, the rhetoric of teacher reading and writing remains relatively unexplored. This article proposes that we begin to apply what we have learned about student reading and writing to our own reading and writing. Our process of reading and responding to student work should be as reflective and rhetorical as the reading and writing process that …

Is Binding Arbitration A Form Of Adr?: An Argument That The Term "Adr" Has Begun To Outlive Its Usefulness, Jean R. Sternlight

Scholarly Works

Professor Frank Sander has, for many years, been one of the most prescient commentators on the alternative dispute resolution ("ADR") movement. His 1976 Pound Conference speech has been identified by many as marking the birth of the modern ADR phenomena. That speech, which compared some of the pros and cons of litigation and an array of other dispute resolution processes, has been summarized as proposing the concept of the "multi-door courthouse." In contrast, Professor Sander's more recent and very interesting review of the present and future of ADR makes little attempt to distinguish between mediation and binding arbitration, the two …

The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley

Scholarly Works

This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel

Scholarly Works

The problem with viewing facilitation as the only legitimate form of mediation, of course, is that it borders on tautology: mediation is nonevaluative, therefore any evaluation in mediation must be impermissible. Although this view remains strongly held in many quarters, it appears to be in retreat, both within the mediation community and in the legal community at large. Courts and commentators have shown increasing favor toward some evaluative or advising component of mediation. More important, the eclectic style appears to be what takes place in the metaphorical trenches of mediation practice (although sound empirical data is necessarily hard to obtain …

Changes In Dryness/Wetness In China During The Last 529 Years., Jie Song

Faculty Articles, Papers, and Other Scholarship

Historical written records of weather conditions that affect agriculture and living conditions in China can serve as a proxy for instrumental observations of the relative wetness and dryness, or precipitation amounts, for periods of time dating back to at least AD 1470. The dryness:wetness index (DW) data at 100 selected sites and at a subset of 25 sites with entirely continuous data indicate that during the growing season the number of sites with dryness increased rapidly in the 20th century, in contrast to a gradual increase and leveling off of wetness since the 18th century. Dry conditions existed mostly in …

Glacial Deposits, Vol. 28, 1999-2000, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

Monstrous Offenders And The Search For Solidarity Through Modern Punishment, Joseph E. Kennedy

UC Law Journal

In this article, Professor Kennedy examines the tremendous increase in the severity of punishment in America in recent decades. He posits that criminal punishment has come to serve as a new civic religion of sorts for a society worried about its ability to cohere. The depth of our anxieties about our social solidarity, Kennedy argues, expresses itself in our monstrous conceptions of crime and in the corresponding severity of our punishment. His conclusion is that crime has come to serve as a rallying cry for a divided and insecure society, and that individuals and groups try to use punishment and …

The Keepers Of The Gates: Intellectual Property, Antitrust, And The Regulatory Implications Of Systems Technology, Dana R. Wagner

UC Law Journal

This Article identifies and analyzes an emerging trend in the legal regulation of high-technology industries. The Article begins by distinguishing between conventional forms of computer technology and "systems technology," the architectural technology that defines computing environments and determines the products with which they can interface. It argues that a doctrinal shift is occurring in the laws that regulate the competitive behavior of systems-technology innovators: a shift away from exclusionary entitlements and towards a system of liability-rule protections. As evidence of this shift, the Article examines recent legal disputes involving microprocessor technology and computer bus design.

The Article then argues that …

The Overlooked Concern With The Uniform Computer Information Transactions Act, Katy Hull

UC Law Journal

This Note examines the concerns surrounding the Uniform Computer Information Transactions Act ("UCITA"), a uniform commercial code for software licenses and other computer information transactions proposed by the National Conference of Commissioners on Uniform State Laws. Since case law addressing software licensing is currently inconsistent, some scholars believe that this uniform, nation-wide set of laws would provide for greater stability and predictability. Still, some critics of the UCITA worry that it fails to address consumer protection concerns. Few criticisms, however, have focussed on the UCITA's potential impact on the software licensing industry. Due to the growing importance of that industry …

Government Of The Good, Abner S. Greene

Vanderbilt Law Review

Government "speaks" both directly through its own pronouncements and indirectly through funding private speech. Many scholars of both political theory and constitutional law have argued that government should not use its persuasive powers to promote contested notions of the good life. Whether the issue is providing information about childbirth without also providing information about abortion or insisting on adherence to decency standards when awarding cultural grants, scholars generally have maintained that government should avoid taking sides.

In this Article, Professor Greene supports the contrary position, advocating a vigorous role for government speech even in areas of great social contest. Government …

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

No abstract provided.

Inter Partes Patent Reexamination, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie

All Faculty Publications

To determine the extent to which Aboriginal title-holders enjoy control over Aboriginal title lands, it is necessary to explore fiduciary doctrine, for the application of this doctrine to the question of legislative infringement determines the limits within which Aboriginal title-holders can expect to see their interests respected. In Delgamuukw the Supreme Court of Canada adopted and applied an understanding of the Crown-Aboriginal fiduciary relationship it developed in Gladstone. In so doing the Supreme Court set out the power of Canadian governments to control the uses to which Aboriginal title lands can be put. Ironically, since Aboriginal title is characterized by …

2000 Faculty Senate Meeting Minutes & Supplementary Materials, Spring, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate Meeting Minutes & Supplementary Materials for the Spring of 2000.

A Comparison Of Wealth In Public School Corporations In Relation To Specialeducation Costs, Jeffrey Scott Baer

All-Inclusive List of Electronic Theses and Dissertations

The study's purpose was to test if there is a significant difference in the amount of general fund monies used to support specialEducation programs among Indiana school corporations identified by wealth. The independent variables were defined as: (1) the percent of households with children living in poverty, (2) assessed valuation per pupil, and, (3) general fund per pupil appropriations. The dependent variable was defined as the amount of general fund monies used to support specialEducation programs. This study was completed in Indiana including all Indiana public school corporations. The sample of school corporations was selected from the three defined variables …

A Study Of Indiana State University's Pds Partnerships Through Qualitative Review Of Liaison Activities, Collaborative Inquiry, And Teacher Perceptions, Kevin Bruce Bolinger

All-Inclusive List of Electronic Theses and Dissertations

The purpose of his study was to examine the characteristics of the Professional Development School partnership between Indiana State University and several local school sites to determine the extent of institutional commitment, the roles which are valued and practiced by university liaisons, and the types of collaborative inquiry research which are conducted by university and school personnel. A survey of school teachers within PDS school sites was conducted to elaborate on the perceptions and opinions about the function and results of the PDS partnership. A sample of 425 teachers was non-randomly selected from five PDS sites; 171 teachers completed and …

Evaluation Of Packaging Materials Under Vacuum For Potential Use As Internal Cushioning For Semiconductor Industry Vacuum Machinery, Andrew Baisch

Theses

This study explores a concept for applying basic packaging materials to an environment of high vacuum. This study identified three basic packaging materials and exposed them to a high vacuum environment to identify visual effects caused by the vacuum. In semiconductor and data storage industries, the machinery needed to ultimately create a computer chip often contains vacuum chambers. A common practice of the industry is to ship this machinery while under a state of high vacuum. There are parts inside these vacuum chambers that need protection from the effects of shock and vibration. By placing a sample of packaging material …