Digital Commons Network^™

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

Journal of Dispute Resolution

While the semantic question may be uninteresting, I suggest that it is useful to ask the normative question of how we should categorize binding arbitration.'7 Again, there may be no clear "right" answer. Nevertheless, addressing the question of the appropriate categorization of binding arbitration provides a good means for rethinking the nature of binding arbitration, what we mean by ADR, and how the variety of dispute resolution techniques typically grouped together as ADR relate to litigation. Artificially grouping these disparate processes together under the "ADR" umbrella is beginning to prove problematic. While we may continue to use the phrase in …

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 …

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.

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 …

Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight

Scholarly Works

This article sets out a number of legal arguments that franchisees can potentially use to defeat arbitration clauses that seek to accomplish ends that would not be permissible in litigation. Drawing from decisions protecting consumers and employees from unfair arbitration clauses, as well as from opinions in the franchise context, this article analyzes arguments that can be based on the U.S. Constitution, federal statutes, state statutes, and common law. By way of this analysis, it suggests that some courts are misapplying arbitration precedents and preemption arguments to support decisions that allow franchisors to effectively exempt themselves from legislation and even …

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 …

Call And Response: The Particular And The General, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley

Scholarly Works

This article analyzes the different proof mechanisms developed under Title VII discriminatory treatment doctrine, demonstrating their ability to identify unconscious, as well as conscious, discriminatory behavior. It demonstrates that soon after its enactment Title VII began to evolve, expanding its reach to unconscious discrimination. Although in many instances courts were unaware of this expansion, courts appear to have followed their intuition to further the broad remedial and preventive purposes of the statute. In response to the evolution and to the courts' failure to articulate a justification for their decisions, a counter-evolution is currently occurring, with many courts attempting rigidly to …

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 …

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 …

Alcohol As A Negative Predictor Of Social Support Subsequent To Sexual Assault, Tawnya L. Stoffel

Undergraduate Theses and Senior Projects

No abstract provided.

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 …

The Activating And Sustaining Of Thematic Inferences By Skilled And Unskilled Readers, Sherman M. Normandin

Undergraduate Theses and Senior Projects

No abstract provided.

Managerial Litigants? The Overlooked Problem Of Party Autonomy In Dispute Resolution, Sarah Rudolph Cole

UC Law Journal

In recent years we have witnessed a dramatic upsurge in litigant use of alternative dispute resolution (ADR) mechanisms, both inside and outside the traditional litigation system. This explosive growth in ADR utilization presents courts with a fundamental problem. The cornerstone of ADR processes, and in particular, ADR process design, is party consent. In general, parties are free (on a shared consent basis) to shape the ADR processes they employ to suit their perceived needs. When disputants request that courts use dispute resolution tools, courts have, for the most part, adopted this precept, willingly accepting efforts by "managerial litigants" to shape …

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 …

Alcohol Consumption Patterns, Death Attitudes, And Personal Meaning Among College Women, Christopher Hugh Nolan

All-Inclusive List of Electronic Theses and Dissertations

Viktor Frankl's logotheory proposes that personal meaning in life and the attitudes people hold toward their own subjective mortality play important mediating roles in the way individuals choose to view and conduct their lives. The purpose of this study was to test the effectiveness of Frankl's existential model in explaining problem drinking among college women by determining whether there are group differences in personal meaning and death attitudes as a function of alcohol consumption patterns. The sample consisted of 154 college women whose patterns of alcohol consumption allowed for participant classification into one of three groups: (a) non-drinkers (n = …

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.

Juvenile Curfews And Fundamental Rights Methodology, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Psychosocial Adaptation To Spinal Cord Injury: The Role Of Coping Strategies, Hanoch Livneh

Counselor Education Faculty Publications and Presentations

Reviews the literature on the role played by coping efforts in fostering psychosocial adaptation to spinal cord injury. Following an introductory discussion of coping in general, and coping with chronic illnesses and disabilities more specifically, the review focuses on the research literature (1980?1999) regarding coping with spinal cord injuries. The paper continues with a summary of findings based on over 30 empirical studies focusing on coping with this disability. Among the prominent findings are the following: (1) More successful psychosocial adaptation is generally associated with higher levels of ego strength and internal locus of control and (2) better adaptation is …

Disappearing Acts: The State And Violence Against Women In The Twentieth Century, Michelle Fine, Lois Weis

Publications and Research

As children we held our breath, our senses filled with the musty smells of elephants, the staccato flashes of twirling plastic flashlights, the terrors of trapeze. With mystery, moustache, and elegance, the magician waved a wand, invited a woman, usually White, seemingly working class, into a box. She disappeared or was cut in half. Applause. Our early introduction to the notion of the sponsored disappearing act. So, too, at the end of the twentieth century, we witness poor and working-class women shoved into spaces too small for human form, no elegance, no wand. And they too disappear. Disappearing from welfare …

Violence In Schools: Expanding The Dialogue, Stephanie Urso Spina

Publications and Research

Introductory chapter to Smoke and Mirrors: The Hidden Context of Violence in Schools and Society, edited by Stephanie Urso Spina, Ph.D., published by Rowman & Littlefield in 2000 and is, unfortunately, still timely today.

Attentional Modulation Of Language Performance, Lisa Tabor Connor, Martin L. Albert, Nancy Helm-Estabrooks, Loraine Obler

Publications and Research

No abstract provided.

Literary Reference Into The New Century, Michael Adams

Publications and Research

Changes in providing reference services for academic research in literature are examined, with the emphasis on the effects of new technologies.

The Presentation Of Gender-Based Sexuality Scripts In Sex Education Films, Patricia Anne Drew

Dissertations and Theses

The manifest purpose of sex education films is to transmit factual information about sexuality to schoolchildren. However, films additionally contain covert messages informing students of proper and improper sexual roles. Films can reinforce patriarchal gender-differentiation within the sexual realm or, alternately, films can promote commensurate, non-patriarchal gender scripts for sexuality. This paper researches the ideological gender messages set within and transmitted by sex education films. Although sex education films represent only a small part of the sexual culture, the trends revealed in the films may indicate general parameters of US sexual culture.

The data set for this content analysis consisted …

Error Correction Preferences Of Latino Esl Students, John Burrell

Dissertations and Theses

The present study looked at the error correction preferences of 172 adult Latino ESL students. It was a modified replication of a study which looked at the error correction preferences of Japanese university students. A questionnaire was used to gather the data. The questionnaire measured the participants' general preferences for error correction, attitudes towards peer correction, the desired frequency of correction in five aspects of language and preferences for specific types or methods of error correction.

The study found a very positive attitude towards error correction by the teacher. There was a positive attitude towards peer correction, but only from …

An Evaluation Of Earobics I In Improving Phonological Awareness In 6- And 7-Year-Old Boys Who Are At-Risk For Reading Disabilities, Wendy Goughnour Gunter

Dissertations and Theses

Earobics Pro PLUS Step I (Earobics I) is a software program designed to increase the auditory processing and phonological awareness skills of children when used in conjunction with traditional intervention. Phonological awareness is the ability to manipulate the sounds of a language and has been shown in previous studies to have a strong relationship with reading ability. Phonological awareness can be taught, and studies have been conducted in an effort to determine effective methods for teaching phonological awareness. No studies have been published on Earobics I to this date.

In this study, the effectiveness of Earobics I was analyzed with …

Legislating Against Reality : The Political Conflicts And Context Of The Seventh-Century Merovingian Church Councils, Gregory Burgas

Dissertations and Theses

The bishops of the seventh-century Merovingian Church were often drawn from the secular aristocracy after long careers in local or royal government. They remained involved in politics even after becoming . bishops, and these entanglements occasionally dictated their actions. Historians have examined these actions by using the chronicles and hagiography of the seventh century, but not by using the Church councils.

I translated the last five general councils of the Merovingian Church from the Latin into English for the first time, and then examined the councils in their political context. In the seventh century, the bishops were asserting their independence …

Portland State Magazine, Portland State University. Office Of University Communications

Portland State Magazine

PSU’s alumni magazine, published 2-3 times a year. In this issue: It was a deal made in cyberspace for this Web entrepreneur and PSU students; Gen. Colin Powell has designated PSU and University of Promise—a role that President Dan Bernstine takes to heart; the 2000 census is coming, and we better be ready; it’s almost always a blast when students in the Aerospace Society get together; needed: teachers fluent in English and another language for Oregon’s growing immigrant population; and more.