Digital Commons Network^™

Intervention Selection For Students With Asperger's Disorder, Tracy Lynn Gappa

Dissertations and Theses @ UNI

The diagnosis of Asperger's Disorder (AsD) is a relatively recent possibility. Although first described in 1944, AsD was not recognized until its inclusion in the Fourth Edition of the Diagnostic and Statistical Manual of Mental Disorders in 1994. Due to the newness of the disorder and because of a lack of a consensual definition, there is considerable confusion among researchers in this field. For those children with characteristics of AsD, the confusion has resulted in misdiagnosis and, more importantly, inappropriate interventions. Individuals with AsD have deficits in several areas that impair their ability to function normally in the educational environment, …

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can lead to rejection by the peer group, with the assumption being that peers would not necessarily reject the socially withdrawn student if the child interacted appropriately in social situations.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 …

Philosophy Into Practice? Community Policing Units And Domestic Violence Victim Participation, Amanda L. Robinson, Meghan S. Stroshine

Social and Cultural Sciences Faculty Research and Publications

Much research has focused on the police response to domestic violence; however, relatively little research has considered performance differences of various types of police officers. Although there has been widespread adoption of community policing by police departments across the country, it is not conclusive as to whether units with a specific community policing philosophy perform better than traditional units when handling domestic violence calls. The current study addresses this issue by analyzing the factors associated with victim participation; specifically, do officers and detectives operating under a specific community policing mandate produce higher rates of victim participation? Bivariate and multivariate analyses …

After Fides Et Ratio: New Models For A New Millennium, Philip J. Rossi

Theology Faculty Research and Publications

No abstract provided.

Ex 33 On God's Face: A Lesson From The Enochic Tradition, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

State Government Cost Recovery For Electronic Information Dissemination: A Comparative Study, Donald R. Wismer

CCAC Theses and Dissertations

Prior to this study, no paradigm common among state governments regarding public policy principles on cost recovery for the dissemination of public information had been described. The study revealed that U.S. federal government policy has served as a model from which a majority of the states have proceeded. This study has compared the states with the federal government and with themselves to determine the policy boundaries. Themes from in the literature were presented and summarized, and measurable elements were isolated. Data from statutory, regulatory, and case law, and from explicit policy statements, were gathered and compared within graphical formats. A …

Secrets Of Creation In 2 (Slavonic) Enoch, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

Complete Randomized Cutting Plane Algorithms For Propositional Satisfiability, Stephen Lee Hansen

CCAC Theses and Dissertations

The propositional satisfiability problem (SAT) is a fundamental problem in computer science and combinatorial optimization. A considerable number of prior researchers have investigated SAT, and much is already known concerning limitations of known algorithms for SAT. In particular, some necessary conditions are known, such that any algorithm not meeting those conditions cannot be efficient. This paper reports a research to develop and test a new algorithm that meets the currently known necessary conditions.

In chapter three, we give a new characterization of the convex integer hull of SAT, and two new algorithms for finding strong cutting planes. We also show …

Search And Seizure – Police Searches On Public School Campuses In New Mexico – State V. Tywayne H., Michael W. Doyle

Faculty Scholarship

In State v. Tywayne H. the New Mexico Court of Appeals held that the lowered standard of reasonable suspicion that the United States Supreme Court applied to school officials in New Jersey v. T.L.O. would not apply to police officers invited onto a public school campus if the police officers conducted the search solely at their own discretion. Thus, the court held that a police officer will be held to the standard of probable causefor searches on public school campuses. Prior to Tywayne H., New Mexico courts had not addressed the standard to which police would be held when …

Introduction: The European Union As An International Actor, Petros C. Mavroidis

Faculty Scholarship

The notorious ERTA decision by the European Court of Justice (ECJ), if viewed from a federalist perspective independently of its legal merits, represents an equilibrium: the quantity of the sovereignty transferred from European Community (EC) Member States to the Community at the internal (intra-EC) level equals the quantity of sovereignty that the Community can exercise on behalf of the EC Member States on the international scene.

The ECJ's Opinion 1/94 casts some doubt upon this statement by restrictively interpreting the Community competence with respect to international trade negotiations. Opinion 1/94, however, is not a drastic departure from the ERTA case …

The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

The last century has seen little change in the conduct of litigation before the United States Supreme Court. The Court's familiar procedures – the October Term, the opening-answering-reply brief format for the parties, oral argument before a nine-member Court – remain essentially as before. The few changes that have occurred, such as shortening the time for oral argument, have not been dramatic.

The Article is organized as follows. Part I provides an overview of amicus curiae activity in the Supreme Court over the last fifty years, tracking the increase in amicus filings and in the Court's citation and quotation of …

Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston

Faculty Scholarship

When the Supreme Court voted to review the decision of the Illinois Supreme Court holding Chicago's "gang loitering" ordinance invalid on federal constitutional grounds, it seemed plausible that City of Chicago v Morales would be the occasion for a major statement from the Court on a set of complex issues – issues including not only the nature of the police officer's authority to maintain order in public places, but also the relative roles of politics and judicial decision making in delineating both the limits on this authority and the latitude left to police to employ discretion in its exercise. After …

Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer

Faculty Scholarship

This article discusses recent employment law developments at the United States Supreme Court. Employment law cases took center stage during the October 1997 and 1998 Terms of the Supreme Court and important employment law cases were pending, or have been decided, during the October 1999 Term. This article briefly surveys the Court's employment law cases during the October 1997 Term, focusing more extensively on the Court's employment law cases during the October 1998 Term, and then discusses two very important employment law cases before the Court during the October 1999 Term, involving the constitutionality of the Age Discrimination in Employment …

Dignity And Victimhood, Kent Greenawalt

Faculty Scholarship

If Sandy Kadish has reminded us of limitations of consequentialist approaches to the criminal law and has proposed persuasive resolutions of issues that deontological perspectives reveal, Meir Dan-Cohen has jarred us to rethink fundamental premises about rules in the criminal justice system. His Essay is an example of his ingenuity for unsettling understandings. The Essay reads easily and seems deceptively straightforward, but it is rich in nuance and its themes are complex. This Response identifies the various themes and evaluates their plausibility. I take Professor Dan-Cohen's Essay as a preliminary exploration of a major subject, and I have responded accordingly, …

How Persuasive Is Natural Law Theory?, Kent Greenawalt

Faculty Scholarship

This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natural law theory – its claim to an objective moral truth discoverable by reason. Although I stand outside the tradition, my interest in natural law theory goes back to my college days. John Finnis, especially in his work Natural Law and Natural Rights, has much enriched my understanding of moral, political, and legal philosophy. Prior to that book, natural lawyers and analytic jurists had little to say to each other; by and large, the members of each group had scant respect for the scholarly endeavors …

Are Mental States Relevant For Statutory And Constitutional Interpretation, Kent Greenawalt

Faculty Scholarship

Judges in the United States must interpret statutes and constitutions. Largely because these texts are framed in the English language, a language shared by legislators, judges, and other citizens, judges employ sufficiently common techniques to sustain a coherent practice. Lawyers can often say with some confidence how judges will construe particular legal provisions, and, when they have serious doubts, they can sketch the likely alternatives. But we are now in an era of sharp theoretical disagreement over what judges do when they interpret authoritative texts.

In difficult cases of statutory interpretation, are judges mainly trying to give language its ordinary …

Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …

Three Issues For The City In The 21st Century, Richard Briffault

Faculty Scholarship

The title for this year’s program of the Section on Urban, State and Local Government Law of the Association of American Law Schools is The City in the 21st Century. These three articles provide a stimulating introduction to three issues that are likely to be central to the study of the city in the twenty-first century-as they were in the twentieth century and in the nineteenth century: the interplay of local and regional forces in land development, the battles among interest groups to control city hall, and the role of local government in promoting local economic development. These issues are …

Consultants' And Lawyers' Duties To Report Contamination, Michael B. Gerrard

Faculty Scholarship

A recent decision by the New York State Department of Environmental Conservation (DEC) expands the duty of environmental consultants to report contamination on their clients' land. The rationale of the decision might also apply to lawyers and to states beyond New York.

Many federal, state and municipal laws require spills of pollutants to be reported to the government. People have received criminal penalties, including jail time, as well as heavy civil fines, for violating some of these requirements. Almost all of these rules apply only to persons who own, operate, or are otherwise in charge of the polluting facility, or …

Freezing The Company Charter, Eric Kades

Faculty Publications

When legislatures alter corporate, partnership, and other business entity statutes, they simultaneously amend the governing document of all entities of that type formed within the jurisdiction. In many circumstances these business entities may wish to retain existing rules for internal governance. This Article offers a novel tool for firms wishing to so manage their own legal transitions: the "charter freeze." A freeze provision in the company charter declares that future (non-mandatory) changes in relevant statutes have no effect on the firm. Owners may affirmatively adopt the new rules, but choose to exercise complete control over their adoption vel non of …

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Sustainable Use Of Deep-Sea Organisms Collected For Biomedical Research., John K. Reed, Shirley A. Pomponi

Faculty Scholarship

The oceans continue to provide new opportunities for the discovery of marine-derived medicines and the deep sea is relatively untapped. The Division of Biomedical Marine Research (DBMR) at Harbor Branch Oceanographic Institution (HBOI) has conducted expeditions worldwide to collect a unique set of marine microorganisms and invertebrates, such as sponges and gorgonians, using the Johnson-Sea-Link submersibles to depths of 914 m. Discodermolide, a bioactive compound derived from the deep water sponges Discodermia spp., was discovered by HBOI and licensed for development as an anticancer drug. Other HBOI compounds in preclinical trials includetopsentins with potent anti-inflammatory activity and lasonolides with antitumor …

Class Action Accountability: Reconciling Exit, Voice, And Loyalty In Representative Litigation, John C. Coffee Jr.

Faculty Scholarship

In two recent and highly technical decisions – Amchem Products v. Windsor and Ortiz v. Fibreboard Corp. – the Supreme Court has recognized that a serious potential for collusion exists in class actions and has outlined a concept of "class cohesion" as the rationale that legitimizes representative litigation. Although agreeing that a legitimacy principle is needed, Professor Coffee doubts that "class cohesion" can bear that weight, either as a normative theory of representation or as an economic solution for the agency cost and collective action problems that arise in representative litigation. He warns that an expansive interpretation of "class cohesion" …

Herbert Wechsler And The Criminal Law: A Brief Tribute, Harold Edgar

Faculty Scholarship

The great English architect Christopher Wren is buried in his most famous church, St. Paul's London. The inscription on his memorial stone concludes with the words: Lector, si monumentum requiris, circumspice. Reader, if you seek his monument, look around you.

That instruction serves well those who would appraise and honor Herbert Wechsler's contributions to American criminal law. When he joined the Columbia Law School faculty in 1933, this school did not teach criminal law and much of the profession thought the topic was not worth studying.' What fabulous good fortune it was that Herb thought otherwise. Throughout a long and …

State-Based Reconstructability Modeling For Decision Analysis, Michael S. Johnson, Martin Zwick

Complex Systems Faculty Publications and Presentations

Reconstructability analysis (RA) is a method for detecting and analyzing the structure of multivariate categorical data. Jones and his colleagues extended the original variable-based formulation of RA to encompass models defined in terms of system states (Jones 1982; Jones 1985; Jones 1985; Jones 1986; Jones 1989). In this paper, we demonstrate that Jones’ previous work comprises two separable ideas: the “g to k” transformation and state-based modeling. We relate the concept of state-based modeling to established variable-based RA methods (Klir 1985; Krippendorff 1986), and demonstrate that statebased modeling, when applied to event and decision tree models, is a valuable adjunct …

Wittgenstein And The Grammar Of Physics: A Study Of Ludwig Wittgenstein's 1929-1930 Manuscripts And The Roots Of His Later Philosophy, Anton Alterman

Dissertations, Theses, and Capstone Projects

In 1929 Wittgenstein began to work on the first philosophical manuscripts he had kept since completing the Tractatus Logico-Philosophicus (TLP) in 1918. The impetus for this was his conviction that the logic of the TLP was flawed: it was unable to account for the fact that a proposition that assigns a single value on a continuum to a simple object thereby excludes all assignments of different values to the object (the "color exclusion" problem). Consequently Wittgenstein's "atomic propositions" could not be logically independent of one another.

Initially he thought he could replace the "logically perfect language" of the TLP with …

The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor

Faculty Publications By Year

No abstract provided.

Using Mitigating Measures To Determine Disability Under The Americans With Disabilities Act, Perry Meadows, Richard A. Bales

South Dakota Law Review

No abstract provided.

Complementary Promises For Benefits Received: An Illustrated Supplement To Restatement (Second) Of Contracts Section 86, Charles M. Thatcher

South Dakota Law Review

No abstract provided.

Cumulative Topic Index - Volumes 31-45, South Dakota Law Review

South Dakota Law Review

No abstract provided.