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Interstate Establishment, Enforcement, And Modification Of Child Support Orders, Patricia W. Moore

Faculty Articles

Intended to improve the collection of child support across state lines, the Uniform Interstate Family Support Act has now been in effect in all fifty states for approximately three years. This Article examines the history and operation of this statute and its companion federal statute, the Full Faith and Credit For Child Support Orders Act. Following UIFSA's structure, the Article details the provisions governing the establishment, enforcement, and modification of child support orders in the interstate context and explains which federally-promulgated forms to use in each situation. Analyzing the abundant case law already decided under these statutes, the article concludes …

Out-Lawing God The Daughter, Emily A. Hartigan

Faculty Articles

The traditionally forbidding visage of law mimics the constructed face of the “God of our Fathers.” The punitive ‘Father God’ and the harsh letter of the law are connected in both their errors and their promises for transformation. Both the ‘Father’ and ‘His Law’ primarily impose their wills through “authority” and “force.”

Jewish feminist theologian Judith Plaskow questions whether the law is a female form. Plaskow contrasts the law’s constrictions and abstraction with traditional femeie characteristics of openness and fluidity. Plaskow hopes to redeem her tradition through a God of relationship and love, affirming both law and a new feminine …

Arrests In Texas’S “Suspicious Places”: A Rule In Search Of Reason, Gerald S. Reamey

Faculty Articles

When article 14.03(a)(1) of the Texas Code of Criminal Procedure first appeared in Texas law, landmark decisions like Terry v. Ohio and Miranda v. Arizona were more than a century in the future. Nevertheless, a current exception to Texas's arrest warrant requirement can be traced directly to a virtually identical statute from those pre-Civil War days.

It is a small wonder that today's courts find this statute confusing; and confusion, whether advertent or inadvertent, invites result-oriented, illogical, or unpersuasive judicial decisions. Courts' attempts to make sense of article 14.03(a)(1) arguably have failed in each of these ways over the statute's …

Unemployment Compensation And Older Workers, Christopher J. O'Leary, Stephen A. Wandner

Upjohn Institute Working Papers

Unemployment compensation in the United States is provided through a federal-state system of unemployment insurance (UI). UI provides temporary partial wage replacement to active job seekers who are involuntarily out of work. For older workers, UI is an important source of income security and a potential influence on work incentives. For many, the transition from full-time work in a career job to retirement is voluntary and orderly. For others, job displacement greatly disrupts plans. The transition often involves many intermediate steps. The chain of transitions may include full- or part-time work on another job which most often is not in …

Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles

Scholarly Articles

Over the years numerous articles have surveyed the indicia of independence and the place of independent agencies within a separation of powers framework. In this article, we review the structure and internal operations of independent agencies, note several similarities and differences among them, and address various recurring issues affecting them. We further consider the future of this regulatory form as we enter the new millennium. We focus on agencies-whether multi-member or not-where at least one individual is appointed by the President to a full-time, fixed-term position with the advice and consent of the Senate and has protection against summary removal …

Religious Liberty And The Politics Of Judicial Review, Robert A. Destro

Scholarly Articles

No abstract provided.

The Alden Trilogy: Praise And Protest, Roger C. Hartley

Scholarly Articles

In this Article, I discuss the Alden Trilogy's interpretive process and its redistribution of political power, but do not linger on either. This Article is written in praise of the Trilogy, but praise coupled with protest. I make three essential points. First, the Trilogy deserves praise as a pragmatic masterpiece. Through it the Court shrewdly avoided a constitutional quagmire that easily could have created a federalism crisis.

Second, I argue that the Alden Trilogy is an exemplar of misdirection. Here I render reluctant praise, like that given to an opposing baseball team's dramatic double-play. Though one dislikes the outcome, one …

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 …

Meaningful And Effective Performance Evaluations In A Time Of Community Policing, Meghan S. Stroshine

Social and Cultural Sciences Faculty Research and Publications

It is well recognized that the success of community-policing initiatives may be dependent on a variety of organizational changes, such as decentralization, increased officer autonomy and discretion, and permanent or stable geographic assignments. What is equally important, yet often overlooked, is the importance of a revised performance evaluation system that reflects the work to be performed in a community policing atmosphere. In a community policing context, performance evaluations do far more than simply evaluate police behavior; they serve as important vehicles for increasing awareness and understanding, conveying organizational expectations, and rewarding behavior concordant with a broadened police role (Oettmeier & …

Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger

Scholarly Articles

In recent years alternative dispute resolution (ADR) has moved from the margins of legal practice into the mainstream. It is no longer the exception for attorneys to employ or clients to request ADR services in almost every aspect of legal representation. This shift to the legal mainstream raises the question whether attorneys, as part of their general obligation to keep clients informed of their legal alternatives, should be required to advise their clients regarding ADR options. This paper will consider this question. In doing so, it will consider, at least inferentially, the character and purpose of ethics "rules."

Cross-Cultural Interpretations Of Fraud: An Attitudinal Study In A Middle Eastern Multinational Corporation, Douglas Moore Watson

Harold L. Hodgkinson Award for Outstanding Dissertation

This research tested the theory that cultural heritage affects attitudes toward business-related fraud and, as a consequence, influences ethical decisions. A sample of 695 white-collar employees from a Middle Eastern multinational corporation (MNC), who represented nine world cultures, were asked to evaluate scenarios describing five business frauds--bribery, conflict of interest, embezzlement, management fraud, and industrial espionage--against a 7-point Likert-type scale that measured levels of approval. Analysis of variance (ANOVA) of the responses revealed those claiming African, Caribbean/South American, European, Middle Eastern, and North American cultural heritage viewed fraudulent behavior with a greater degree of disapproval than did those claiming Asian, …

Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham

Scholarly Articles

At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, "What are the goals that you think are most important for a legal clinic?" The most common answers were teaching about ethics and improving the ethical standards of law practice in participants' respective countries through this focus in legal education.

The Role Of Intercultural Communication In Conflict Resolution Between African Immigrants And Their U.S.-Born Children, Aje-Ori Anna Agbese

Dissertations and Theses @ UNI

This research examines intercultural communication's role in resolving and managing conflicts between African immigrants and their U.S. -born children. Marriage and close family ties are the backbone of selection in U.S. immigration law. Over 90% of immigrants in the U.S. raise families within the host culture, making immigrant families an area worthy of study. Unfortunately, families are the least studied areas of immigration. Assumptions that immigrants assimilate completely into the host culture through intermarriage and raising children/families are being debunked. Recent studies on immigrants show that their ethnic cultural values are retained for many years, and passed on to children …

What Is A Word Worth?, Kim Barnes

Language Arts Journal of Michigan

No abstract provided.

An Investigation Of Student Understanding Of Light In Geometrical Optics: Relating Formalism To Conceptual Understanding Of The Physical Phenomena, Ekaterina Denissova

Dissertations and Theses @ UNI

This paper reports on a study of student understanding of the nature and properties of light prior to instruction and by the completion of a unit on geometrical optics in a General Physics II course at University of Northern Iowa. The emphasis of this study was placed on the ability to make connections between the formalism of physics and real world phenomena. The ability to apply appropriate concepts and principles from geometrical optics, including the drawing of ray diagrams, to predict and explain image formation and light behavior was chosen as the operational criterion to assess students' conceptual understanding. The …

Impairment In Dichotic Listening Following Anterior Communicating Artery Aneurysm, Paul Michael Evitts

Dissertations and Theses @ UNI

Dichotic listening involves the simultaneous presentation of stimuli binaurally and was initially a method for determining cerebral dominance or laterality of hemispheric function. Since its inception, dichotic listening has evolved into a method for assessing neurologic pathology. An interruption in the central auditory pathways will result in a detectable asymmetry of dichotic scores. Impaired dichotic listening has been well documented in numerous neurological etiologies, but dichotic listening in patients who present anterior communicating artery (ACoA) aneurysm has yet to be documented. Due to the location of the ACoA and the substrates of innervation, central auditory pathways responsible for the transmission …

Preservice Teachers’ Beliefs About Teaching And Learning, Helga M. Gudenschwager

Dissertations and Theses @ UNI

Research shows that knowing what preservice teachers believe about teaching and learning helps their instructors to reinforce those beliefs that are compatible with current approaches in education and challenge those that promote the perpetuation of antiquated and ineffective teaching practices. Four main research questions guided this study: 1. To what extent the beliefs expressed by participants aligned with traditional or constructivist perspectives? 2. Do elementary and secondary majors differ in terms of their preference for practices aligned with these perspectives? 3. Do elementary and secondary majors differ in terms of their beliefs about the goals of education and effective strategies …

An Evaluation Of Two Different Data Modeling Techniques For Data Warehousing, Litao Fu

Dissertations and Theses @ UNI

The database community is devoting increasing attention to the research themes concerning data warehouses. After having invested a lot of time and resources to build huge and complex information systems, managers ask for support in obtaining quickly summary information to help in planning and decision making. Data warehousing systems address this issue by enabling managers to acquire and integrate information from different sources and to query efficiently very large databases. Building a data warehouse requires adopting design and implementation techniques completely different from those underlying information. Multidimensional data structures used for decision support applications in data warehouses have rather different …

The Effectiveness Of Self-Monitoring For A Preschooler With Aggressive Behaviors, Nicole Fay Kimball

Dissertations and Theses @ UNI

The study was designed to examine the effectiveness of self-monitoring as an intervention for a preschooler with aggressive behaviors. It specifically looked at treatment effects, parent and teacher evaluations of self-monitoring as a technique, the user-friendliness of self-monitoring, and adult time required to implement the intervention. The subject was Darin, a preschool-aged boy who attended a daycare affiliated with a Midwestern laboratory school. Other subjects included Darin's mother, his two main teachers at the daycare, and multiple aides at the daycare. Darin demonstrated aggressive acts at a high frequency in both the home and school settings. A self-monitoring intervention was …

Evaluation Of The Effectiveness Of A Sexual Assault Curriculum At The University Of Northern Iowa, Faith Hope Sonksen

Dissertations and Theses @ UNI

The purpose of this study was to assess university students' attitudes toward rape and rape mythology and to measure any impact on these attitudes following exposure to a rape/sexual assault awareness curriculum unit. It was hypothesized that students attending the rape/sexual assault unit would demonstrate a statistically significant difference in their rape/sexual assault awareness attitudes and beliefs after taking a sexual assault program, and there would be a statistically significant difference according to gender.

The study sample consisted of 46 (28 male, 18 female) physical education major students enrolled in sections of 420:016, Self-Defense Class at UNI. The mean age …

By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young

Scholarly Articles

Mr Young explores the history, format, and arrangement of the Command Papers. He provides a brief description of their availability in hard copy and electronic formats, and also describes the availability and use of various indexing tools for this series of parliamentary papers.

Typology And Critique Of Title Ix Sexual Harassment Law After Gebser And Davis, William A. Kaplin

Scholarly Articles

Sexual harassment is not a new phenomenon. It has long been with us in harassment problem in colleges and universities, focusing particularly on the harassment of students by their teachers or by their peers. Special attention will be given to whether and how students may hold colleges and universities liable in court for money damages for a failure to protect them from harassment. Then, using such private causes of action by students as the centerpiece, this article will develop a typology of Title IX sexual harassment claims and of the variable contexts in which they may arise. Following the typology, …

The 1960 Presidential Election In Florida: Did The Space Race And The National Prestige Issue Play An Important Role?, Randy Wade Babish

UNF Graduate Theses and Dissertations

The landmark launch of Sputnik on October 4, 1957, and the subsequent perception that the United States trailed the Soviet Union, not only in space but also in missiles, plagued the Eisenhower Administration for the rest of the decade. The Democratic Party strategy for the 1960 presidential election included using the space race, the alleged missile gap, and declining American prestige abroad to illustrate the need for new leadership in the White House. Senator John F. Kennedy, the Democratic nominee, effectively raised these issues throughout the general election to support his "New Frontier" program and won by the narrowest popular …

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, …

Tomorrow Never Dies: The Protection Of Fictional Characters Under The Federal Trademark Dilution Act, Kristen Knudsen

Vanderbilt Journal of Entertainment & Technology Law

A number of different protections are available for fictional characters under intellectual property law. These have traditionally included copyright, trademark, and unfair competition, or some combination thereof. Another avenue of protection can be found in state dilution statutes, which prohibit unauthorized uses of characters that could harm their reputations, such as by "blurring" their ability to indicate one source, or by "tarnishing" their commercial value. This harm may occur even where there is no likelihood of public confusion, and even where the use is on a noncompeting good. Many commentators have criticized state dilution theories, however, as contravening the purposes …

Pay For Play: An Old Tactic In A New Environment, Douglas Abell

Vanderbilt Journal of Entertainment & Technology Law

Promotional strategies involving payola --the payment of cash, drugs, or any other consideration to radio stations and their employees in exchange for airplay-- are generally illegal under federal law. Theoretically, these laws prohibit only undisclosed payola practices. Payola scandals of the late 1980s, however, illustrate that such practices have not ended. In fact, the Telecommunications Act of 1996 (the "Act") created an environment in which pay-for-play, a disclosed and fully legal form of payola, could thrive. The possibility of returning to practices reminiscent of illegal payola has, however, sparked debate as to whether record labels should ever pay radio stations …

How To Can Spam, Gary Miller

Vanderbilt Journal of Entertainment & Technology Law

Receiving unsolicited commercial email, also known as "Spam," is like receiving junk mail, postage due. Spam shifts the cost of advertising from the advertiser to the consumer. This imposes enormous costs on Internet Service Providers (ISPs) and their customers. The Spam problem cries out for a legislative solution, and that is why I introduced H.R. 2162, the "Can Spam Act." The source of the Spam moniker for unsolicited commercial e-mail is apparently attributed to an annoying song in a Monty Python skit. In the skit, actors dressed like Vikings sing the word "Spam" over and over again, becoming louder and …

Sender Beware: The Discoverability And Admissibility Of E-Mail, William Decoste

Vanderbilt Journal of Entertainment & Technology Law

This Note will explore the current body of jurisprudence concerning the discoverability and admissibility of e-mail in both the civil and criminal contexts. Beginning with a brief explanation of the relevant forms of information technology and electronic communication, it will examine the common misconceptions that fuel the ongoing imprudent use of e-mail. It will then trace the development of the case law, from the foundational cases that first confronted electronic evidence to recent precedent specifically addressing the various forms of contemporary e-mail. Federal statutory law regulating the acquisition and use of electronic communications will also be discussed. This Note will …

Guarantying A Hit (Or Miss): Understanding The Completion Guaranty Business In Hollywood, James W. Coupe

Vanderbilt Journal of Entertainment & Technology Law

Titanic was. So was Waterworld. Heck, even The Adventures of Baron Munchausen was. Blockbusters? No. Oscar winners? Wrong again. Yet these three films do share one unfortunate characteristic-- each of these pictures was over budget, drastically in some cases. Although caused by different forces and cured by different individuals, each film eventually forced someone to pay a great deal of money unexpectedly. Like many unforeseen expenses, these too can be insured against. Enter stage right, a completion guaranty company.

Any and all film productions financed by non-producer third parties should have a completion guaranty. In the most fundamental terms, a …

Don't Sell Out, Sell Bonds: The Pullman Group's Securitization Of The Music Industry, Hewson Chen

Vanderbilt Journal of Entertainment & Technology Law

Securitization is the selling of debt to investors. In general, securitization converts future income streams like credit card receivables or auto loan payments to present in-pocket cash. Notably, this transformation from future income to current wealth gives the issuer of the security immediate access to cash at less cost than other financing methods such as bank loans. In the 1970s, this technique was applied to the housing industry, and since then, securitization has evolved into greater varieties of income streams, including medical insurance, typhoon insurance, and unused airline tickets. The application of securitization in the entertainment industry, however, remains largely …