Digital Commons Network^™

The Case For Formalism In Relational Contract, Robert E. Scott

Faculty Scholarship

The distinguished scholars who gathered last year to honor Ian Macneil and to reflect on his contributions to the understanding of contract and contract law represent diverse methodologies, and they approach the vexing problems raised by relational contracts from different normative perspectives. But on one point, I daresay, they all agree: the central task in developing a plausible normative theory of contract law is to specify the appropriate role of the state in regulating incomplete contracts. Complete contracts (to the extent that they exist in the real world) are rarely, if ever, breached since by definition the payoffs for every …

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott

Faculty Scholarship

Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.

The law tends to reflect – and perhaps contributes to – …

Variations On Some Themes Of A Disporting Gazelle And His Friend: Statutory Interpretation As Seen By Jerome Frank And Felix Frankfurter, Kent Greenawalt

Faculty Scholarship

In 1947, this Review published two lectures on statutory interpretation by Jerome Frank and Felix Frankfurter. Both jurists were concerned with a basic question: How constrained are judges when they interpret legislation? The answers each gives, while similar in some respects, differ strikingly. In arguing that interpretation necessarily involves a creative element, Frank analogizes the role of a judge in interpreting legislation to that of a performer in interpreting a musical composition. Although he argues that judicial creativity is constrained, Frank views statutory interpretation as "a kind of legislation." For Frankfurter, by contrast, in construing a statute, a judge is …

The Legal Construction Of Adolescence, Elizabeth S. Scott

Faculty Scholarship

American lawmakers have had relatively clear images of childhood and adulthood-images that fit with our conventional notions. Children are innocent beings, who are dependent, vulnerable, and incapable of making competent decisions. Several aspects of the legal regulation of childhood are based on this account. Children are assumed not to be accountable for their choices or for their behavior, an assumption that is reflected in legal policy toward their criminal conduct. They are also assumed to be unable to exercise the rights and privileges that adults enjoy, and thus are not permitted to vote, drive, or make their own medical decisions. …

On The Socratic Maxim, Joseph Raz

Faculty Scholarship

Many years ago John Finnis and I became interested in the Socratic view that it is better to suffer wrong than to do it. My interest was triggered by Anselm Müller's lecture on the subject given at Balliol at that time. Finnis discussed the issue in his Fundamentals of Ethics, where Müller's influence on him is acknowledged. At the time John Finnis and I debated the maxim and had a lengthy correspondence about it, but we did not convince each other. Now when I return to the issue, I can no longer remember the position I then took, except …

Liberality, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans ever consider themselves liberal? To many historians, this will seem a strange question. The concept of liberalism is widely held to be a nineteenth-century innovation, and therefore to inquire whether Americans in the previous century thought of themselves as liberal seems anachronistic.

Yet precisely because so many scholars take for granted the late evolution of liberal ideas, it may be all the more valuable to reexamine this assumption. Is there really no evidence that eighteenth-century Americans considered themselves liberal? Although they may not have embraced later concepts of liberalism, is it not at least possible that …

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …

Air Traffic Control Cti Program, Cathy Schattenberg

Journal of Aviation/Aerospace Education & Research

In order to broaden the employment opportunities in the aviation industry for graduates and to develop a more educated work force in the Federal Aviation Administration (FAA), the Collegiate Training Initiative (CTI) program was implemented in October 1997. Thls program was tested for over five years in post-secondary educational institutes. The CTI program focuses on the graduate having a broad-based knowledge of the air traffic management system, FAA, aviation industry, and principal topics covered in many existing aviation degree programs (FAA, 1997). Graduates of the program are required to attend the FAA Academy to successfully complete the skills and equipment …

High Speed Civil Transportation, Walker L. Ross

Journal of Aviation/Aerospace Education & Research

This paper explores the research and development of high-speed transportation for commercial travel that is currently talang place at several research centers. The paper delves into wind'tunnel testing of the a~rframea nd development of new enpes that will power high-speed aircraft faster, quieter, and more economically than previous supersonic transports. Noise pollution and possible damage to the environment are significant hurdles to be overcome in the development of this aircraft. The paper will Qscuss the vision of high-speed travel and the challenges to achieve the dream of economic high-speed travel. Achieving these objectives make the possibility of high-speed air travel …

Death Of Eastern: How One Man Destroyed An Airline, Joseph G. Ferrante

Journal of Aviation/Aerospace Education & Research

In 1986, when Frank Lorenzo took over Eastern Airlines, the country's third largest carrier was in decline: its route structure was inherently weak, its costs were sky high, and its stiff-necked labor unions fought with each other almost as much as they fought management. To man in corporate America, Lorenzo seemed just the man to whip Eastern back into shape. Lorenzo, with the help of Michael Milken and Drexel Burnham Lambert 's junk bond machine, built his tiny Texas Air Corporation into an empire. Indeed, with the addition of Eastern to Continental, Frontier, and People Express airlines, Lorenzo controlled the …

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.

The Development Of A Job Performance Aid Design Model For Use In Aviation, Anthony J. Adamski

Journal of Aviation/Aerospace Education & Research

The aviation industry depends heavily on the high-reliability of its equipment and human performers. One method used to assist human performance has been the job performance aid. Traditionally job performance aids were only considered repositories for information and substitutes for training. Today, however, job performance aids have taken on a new role that includes aiding the human information process. Consequently, it was determined that an effective job performance aid design model would be beneficial to those responsible for job performance aid design. This article presents an overview of a study that incorporated principles from the fields of instructional technology and …

Towards The Zero Accident Goal: Assisting The First Officer: Monitor And Challenge Captain Errors, Eugen Tarnow

Journal of Aviation/Aerospace Education & Research

In this article the authority system in the airplane cockpit is related to thirty year old authority studies of Stanley Milgram. Human errors made in the cockpit are found similar to those made in the authority experiments. It is argued that up to 20% of all airplane accidents may be preventable by optimizing the monitoring and challenging of captain errors by the first officer.

(Baby) M Is For The Many Things: Why I Start With Baby M, Carol Sanger

Faculty Scholarship

For several years now I have begun my first-year contracts course with the 1988 New Jersey Supreme Court case In the Matter of Baby M. In this essay, I want to explain why. I offer the explanation in the spirit of modest proselytizing, recognizing that many of us already have a favored method or manner into the course: some introductory questions we pose before leaping into (or over) the introductions already provided by the editors of the many excellent casebooks available. But I have found that Baby M works extremely well in ways that others may want to consider. …

Residency Status And Age Of Entry As Moderators Of The Effectiveness Of A Special Act School District, Sabrina Beckerink

Theses

This study investigated the effectiveness of the program at Randolph Academy Union Free School District, a special act school district designed to educate students with emotional, behavioral, and learning difficulties. The outcome of treatment is documented by measurement of change in academic achievement. Pre-post comparisons of standardized achievement test scores were collected from the psychoeducational files of 49 students. Results indicate significant gains in academic achievement. A two-way analysis of covariance identified age of entry into the program as a moderator of academic achievement: younger entrants improved their relative ranking more than older entrants.

Perceived Personal And Societal Control Of Events And Millennial Irrationalism, Angela Nicole Dennis

Dissertations and Theses @ UNI

The purpose of the present study was to investigate the relationship among millennial irrationalism and the degree to which people believe they have control over the events in their lives as reflected by performance on a locus of control scale. This belief is referred to in this study as internal or external locus of control. It was hypothesized that individuals who feel that they have considerable control over the things that happen to them would express less irrationalism than those who tend to ascribe the course of their lives more to external factors. It was also predicted that there would …

An Exploration Of Social Withdrawal In Adolescence, Ryan Lee Channel

Dissertations and Theses @ UNI

Social withdrawal is most frequently described in the literature as a form of social maladjustment characterized by a lack of prosocial and cooperative behaviors combined with shyness, anxiety, and oversensitivity leading to withdrawal from social interactions and avoidance of the peer group. Social withdrawal can lead to rejection by the peer group, with the assumption being that peers would not necessarily reject the socially withdrawn student if the child interacted appropriately in social situations. The opposite, however, may also be true. The rejection by peers may be the cause of the social withdrawal. This study focuses on an adolescent who …

Similarities In Aggression, Inattention/Hyperactivity, Depression, And Anxiety Between Friends And Nonfriends, Kristin A. Clark

Dissertations and Theses @ UNI

Friendship similarities on behavioral and psychopathological characteristics have been proposed as being risk factors for maladaptive development, yet these similarities have not been thoroughly examined. The purpose of the present study was to examine the similarities within children's friendships. It was expected that friends would be more similar than nonfriends on aggression, inattention/hyperactivity, depression, and anxiety. Friendship similarities should also differ across grades, with similarity decreasing as grade increases, and across gender, with boys' friendships more similar on depression and anxiety and girls' friendships more similar on aggression and inattention/hyperactivity.

Two hundred thirty-four 4th through 9th grade students completed self-report …

The Japanese Bank, Bangkok Branch: A Case Study Of Teamwork Empowerment In Japanese Corporate Culture, Parichat Kamolratana

Theses

In the competitive world at present time, the continuous improvement of one company to be outstanding among its rivals is elemental factor. The service business in the bank also experiences many competitors. The alternative for the bank to make the productive gain thus involves a foremost improvement on the personnel realm. To maintain the quality of service, the bank employees, as members of teamwork, are the central part. The teamwork empowerment of the bank will serve as the way to fulfill the team members' fundamental commitment of their work environment. This satisfaction will influence subsequently to the customer satisfaction. On …

[Introduction To] Crossing The Color Line: Readings In Black And White, Suzanne W. Jones

Bookshelf

The complex truth about the color line -- its destructive effects, painful legacy, clandestine crossings, possible erasure -- is revealed more often in private than in public and has sometimes been visited more easily by novelists than historians. In this tradition, Crossing the Color Line, a powerful collection of nineteen contemporary stories, speaks the unspoken, explores the hidden, and voices both fear and hope about relationships between blacks and whites. The volume opens with stories by Alice Adams, Toni Cade Bambara, Ellen Douglas, Reynolds Price, Ekwueme Michael Thelwell, and John A. Williams that focus on misunderstandings created by racial stereotypes …

Stress Dan Mekanisme Daya Tindak Di Kalangan Operator Pengeluaran : Satu Kajian Di Omron Malaysia Sdn. Bhd., Norashikin Ismail

Student Works (2000-2009)

Di dalam mana-mana organisasi, baik organisasi awam atau swasta, penyelidikan lepas telah menemui bahawa golongan pekerja yang kerap mengalami stress dan sering terdedah kepada punca-punca stress ialah golongan pekerja yang bekerja di peringkat bawahan seperti operator pengeluaran di kilang-kilang. Mereka yang berada di posisi ini adalah golongan pekerja yang sentiasa terikat dengan kerja yang memerlukan komitmen dan tumpuan yang menyeluruh. Kesilapan dan kegagalan melakukan kerja dengan baik yang dilakukan oleh operator pengeluaran menyebabkan mereka terpaksa melakukan kerja-kerja tersebut berulang-ulang kali. Oleh yang demikian, mekanisme daya tindak merupakan usaha yang boleh dilakukan oleh individu untuk mengurus atau mengendalikan tuntutan clan masalah …

Tekanan Dan Kepuasan Kerja Di Kalangan Guru Sekolah Menengah Di Kota Bharu, Kelantan, Laila Hassan

Student Works (2000-2009)

The purpose of this study is to identify the levels of job stress, job satisfaction and teacher's commitment in the district of Kota Bharu, Kelantan. It is also to identify the sources that lead to stress among teachers. ln addition, this study is to overview the different levels of job stress, job satisfaction and teacher's commitment according to gender, working experience and classes taught

Underachievement Among Four Intellectually Gifted Malaysian Students, Suan Chin Khoo

Student Works (2000-2009)

Underachievement among the gifted has been a focus of research for the past 43 years. This case study looks at factors relating to academic underachievement in four intellectually gifted Malaysian college students, whose ages range from 18 to 19. Five factors were examined to see if they contribute to academic underachievement. They are family and parental factors, peer and social factors, school related factors, self concept and locus of control. Students with an IQ score of 140 and above in the Cattell's Culture Fair Intelligence Test will be selected for this study. School records, test results, public examination results and …

A Psychographics And Demographic Profile Of Individual Investors Of Kuala Lumpur Stock Exchange, Ezlika Mohd. Ghazali

Student Works (2000-2009)

The growing complexity and sophistication of the stock market had made stock broking a specialized profession. The era of globalization will pose a threat to securities industry in Malaysia. Thus, the importance of marketing in stock broking firms should not be taken for granted. In terms of market segmentation, demographic characteristics alone may no longer serve as a basis for segmenting individual investors. This had led to the development of psychographics research to more effectively communicate and market. By analyzing the characteristics of the individual investors, brokers in Malaysia will be in a better position to identify new opportunities. The …

Hubungan Antara Kemahiran Proses Sains Bersepadu Dengan Stail Kognitif Pelajar Pusat Asasi Sains Universiti Malaya, Siti Mariam Mohamad

Student Works (2000-2009)

ln the past quarter century. science process skills have become major emphases of science curriculum development. The development of science process skills in students is considered to be a major goal of education. The integrated science process skills, which comprised skills of formulating hypotheses, operationally defining, controlling variables, designing experiments and interpreting data are required in the process of problem solving in science. These cognitive skills can be mastered if the learning activities are appropriately matched to the level of the cognitive development of the learner. Valid science curriculum and special instructional strategies are needed to enhanced the extent of …

Kesantunan Berbahasa Dalam Perbualan Keluarga Melayu, Mohammad Idris

Student Works (2000-2009)

Disertasi ini ditulis berdasarkan kajian yang dijalankan secara kerja lapangan dan kepustakaan yang berkaitan dengan aspek kesantunan dalam perbualan di kalangan keluarga Melayu. Selain itu penulis juga melakukan pemerhatian dan pengamatan terhadap perbualan di kalangan keluarga Melayu. Sesungguhnya kajian ini dapal melihat kembali betapa masyarakat Melayu yang sememangnya kaya dengan adat sopan, terutama dalam tutur kata mereka sehari-hari. Daripada kajian ini lah kita mendapat suatu gambaran bahawa terserlahnya unsur kesantunan dalam ujaran atau perbualan dan elemen ini masih diamalkan. Semoga kajian ini menjadi pedoman dan panduan kepada generasi muda agar sentiasa bersopan ketika berkomunikusi atau semasa mengemukakan pendapat atau buah …

College Teacher Trainees Understanding Of The Nature Of Science And Its Relationships With Formal Reasoning Ability, Academic Background And Gender, Lee Kim Low

Student Works (2000-2009)

This study was designed primarily to determine the understanding of the nature of science among science graduate teacher trainees and to identify their misconceptions of the nature of science. The study also investigated the relationships between the trainees' understanding of the nature of science and the independent variables of formal reasoning ability, academic background, and gender. The subjects of the study comprised 80 teacher trainees from four teacher training colleges in Peninsular Malaysia. A two-part survey questionnaire was used 10 collect the trainees' demographic data and to assess their understanding of the nature of science. The instrument used to assess …

Hubungan Antara Masalah Disiplin Dengan Pencapaian Akademik Di Sebuah Sekolah Swasta Di Kuala Lumpur, Ragunathan Ayyavoo

Student Works (2000-2009)

The primary objective of this study was to establish an association between discipline problems and achievement among students in a private secondary school in Kuala Lumpur. Besides the primary objective, the study also aimed to determine the different types of discipline problems existing in this school. The discipline problems were categorized into three groups, namely mild, not so serious, and serious offences. The study also sought to study the relationship between discipline problems and gender. A sample of 80 students from Form Four were chosen from a private school in Kuala Lumpur. Achievement was compiled from monthly test scores. Data …

Masalah-Masalah Disiplin Di Kalangan Pelajar Tingkatan 2, Ramani Muthusamy

Student Works (2000-2009)

This project paper is a case study of four students in a Secondary School in Port Klang, Selangor. These four students are male. This study is to investigate whether peers, family students themselves are the factors influencing discipline problems in school. Data collection done through interview. It was a semi-structured interview for each student and parents. Beside that other documents such as School Discipline Record and 001 card were examined. The findings of the case study are :- 1. Among the factors influencing discipline problems in Secondary School is learning difficulty face by the students, disability in academic and less …