Digital Commons Network^™

Taking Myths Seriously: An Essay For Lawyers, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The specific idea I want to explore has to do with the motivational power of myths and illusions on a personal level. To take a mundane example, people are often told to "believe in themselves." The underlying idea seems to be that high self confidence is an important motivator, especially in competitive settings like school, sports, business and the professions. This is not the idle talk of family and friends; millions of dollars are spent each year by people and their employers on motivational books and programs that offer endless variations on this simple theme in an effort to bolster …

Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Although defending defending may be an endless pursuit, I cannot help taking it on. I am, after all, a defender myself, and defending fellow defenders seems to go with the territory. Of course, attacks on criminal defenders do not come out of nowhere - difficult and complex questions often arise in criminal defense work. Unfortunately, the questions that are raised in the aftermath of a high profile case such as the Abner Louima case are usually the easy ones - questions that have more to do with the nature of the adversarial system than with the values or ethics of …

Copyright As A Model For Free Speech Law: What Copyright Has In Common With Anti-Pornography Laws, Campaign Finance Reform, And Telecommunications Regulation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Copyright raises real and troubling free speech issues, and standard responses to those concerns are inadequate. This Article aims to put copyright in the context of other free speech doctrine. Acknowledging the link between copyright and free speech can help determine the proper contours of a copyright regime that both allows and limits property rights in expression, skewing the content of speech toward change.

Is The Rule Of Law Cosmopolitan?, Robin West

Georgetown Law Faculty Publications and Other Works

What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of …

Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is painful even today to contemplate the awful devastation wreaked upon this nation by the War Between the States. But like most cataclysms, the Civil War also gave birth to some important positive developments. I would like to talk with you today about two such offspring of that war, and the extent to which, like many sibling pairs, they have influenced each other's development. The first child - the most well-known progeny of the Civil War - was this country's commitment to civil rights. The war, of course, ended slavery. But it did not - and could not - …

Death Is No Parenthesis| Stories, Traver Kauffman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Evolutionary Change As A Theme For A High School Biology Course: A Literature Review And Thematic Unit, Arlan L. Langmaid

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

University Family Housing: An Assessment Of Needs, Sarah Jo Shelley

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Attention Deficits As Measured By Conners' Cpt And Children's Performance On Neuropsychological Measures Of Learning And Exectutive Function, Kristin A. Kirlin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Minute By Minute Heart Rate Monitoring To Estimate Energy Expenditure During Cycling And Running, Justin A. Carlstrom

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Analysis Of Intangible Factors In Waste Minimization Projects, Halvard E. Nystrom, William Ralph Kehr

Engineering Management and Systems Engineering Faculty Research & Creative Works

Continual population growth and rising standards of living that accelerate the consumption of limited resources, are forcing society to encourage conservation of these resources. These resources not only include raw material, but also the areas to dispose of the wastes. As a result, communities are driving industries towards waste minimization by limiting waste generation and landfill availability. Firms'' environmentally friendly strategies can gain competitive advantage by leading in environmental practices. This advantage emanates from the reduction of risk of environmental regulatory overreaction, as well as improved asset utilization and landfill utilization. However, these intangible benefits are difficult to identify and …

Exercising Real Unit Operational Options Under Price Uncertainty, Chung-Li Tseng

Engineering Management and Systems Engineering Faculty Research & Creative Works

In this paper, we use the real options framework to value the operation flexibility of a power plant. The power plant operation is formulated as a multi-stage stochastic problem. We assume that there are hourly spot markets for both electricity and the fuel used by the generator, and that their prices follow some Ito processes. At each hour, the power plant operator must decide whether or not to run the unit so as to maximize expected profit. However, the unit operation is subject to decision lead times and minimum uptime and downtime constraints, so the commitment decision must take into …

Strategy Planning For Technological Discontinuities In A Changing Regulatory Environment, William Ralph Kehr, Halvard E. Nystrom

Engineering Management and Systems Engineering Faculty Research & Creative Works

This paper describes an approach to the analysis of publicly available financial data for individual industries. These methods enable the analyst to assess past practices and the historical rate of technological diffusion during the transition period of discontinuous technological change. This assessment can provide a basis of comparison for current changes in their industry. These methods are applied to small rural telephone companies during the period of 1960 to 1996. Annual data is presented detailing the change from aerial distribution cable to buried cable by the roughly 600 rural telephone companies financed through loans from the Rural Utilities Services, a …

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Scholarly Articles

This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.

Assessing The Classification Accuracy Of Digitized National Aerial Photography Program Imagery: Comparison With Botanical Data, Mark Arthur Alexander

Dissertations and Theses @ UNI

The ability to acquire and use remotely sensed data has revolutionized large-scale ecological studies by reducing dependence on difficult and expensive field survey techniques for acquisition of land use and land cover data. Multispectral satellite imagery, typically from the Landsat Multispectral Scanner (MSS), Thematic Mapper (TM) and the SPOT High Resolution Visible (HRV) instruments, has proven particularly valuable in surveying and classifying vegetation cover (Frank & Thorn, 1985). Further studies have concluded that alpine vegetation communities and habitats can be mapped successfully by including the geomorphic parameters of elevation, slope, and incidence when classifying remotely sensed data.

This research analyzes …

International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger

Scholarly Articles

One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …

The Incident Dispatching And Tracking System, Thomas J. Braden

UNF Graduate Theses and Dissertations

The Incident Dispatching and Tracking System (IDTS) was developed to facilitate the technical support of an organization. IDTS provides a means by which a user may submit their issue/problem to the system and receive a unique trouble ticket number. This number can then be used to view the status of that record, minimizing the need for inquiries to the technical support team. IDTS also provides a dispatching function that assigns each trouble ticket to a technician that specializes in that type of issue. Finally, there is a reporting function that allows the technical support team to view the current technical …

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.

Supporting Survivors Of Sexual Assault: A Feminist Perspective, Geeta Cowlagi

Dissertations and Theses @ UNI

Sexual assault continues to be a serious problem in the United States and in Utah; one that exacts a heavy toll on the survivors as well as society in general. While the issue is an old one, there is still considerable debate around it. Indeed, the myths, misperceptions, and ignorance about the causes and effects of rape and sexual assault impede the recovery process for the survivors of sexual assault. The goal of this thesis is to support survivors of sexual assault in their recovery. The core of the thesis is a manual written for professionals who work with survivors …

I Sing Of The Essay, Stephen Tchudi

Language Arts Journal of Michigan

No abstract provided.

What Is A Word Worth?, Kim Barnes

Language Arts Journal of Michigan

No abstract provided.

Seeing Language: Using Non-Fiction To Teach Students About Language, Millie Jackson

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 …

Investigation Of The Job Training Partnership Act Career Inventory In Predicting Career Clusters For Clients In Black Hawk County, Amy Bryte

Dissertations and Theses @ UNI

The Job Training Partnership Act (JTPA) is a federally funded program that is an approach to employee training and placement to the economically disadvantaged, dislocated workers, or those facing significant employment barriers. The goal of ITP A is to put People to work by placing them in jobs through various training activities. Overall the ITP A program strives to move jobless individuals into permanent self-sustaining employment. A service offered through the ITPA program is career inventory. Career inventory are assessment tools used to determine a client's current abilities, values, and interests. After a client completes the career inventory they are …

The Prolonged Effects Of Acute Stretching On Vertical Jump, Robert R. Hammill

Dissertations and Theses @ UNI

Stretching has been shown to reduce maximal power in human subjects after an acute stretching protocol. Twenty-two college-aged males performed acute static stretches for the lower extremities for approximately 14 minutes (experimental group) or sat quietly for 15 minutes (control group). Subjects received both treatments in a random order on separate evenings. Following the treatment protocol (stretch or no-stretch) the subjects performed a series of vertical jumps at 5-minute time intervals. Two trials were allowed at each data collection period. The results indicate that acute stretching has no significant effect on vertical jump, F(6,126) = 0.01, p >0.92, nor is …

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 …

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, …

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, …

Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen

Vanderbilt Journal of Entertainment & Technology Law

The issue of professional athletes siring children out of wedlock was first thrust into the national conscience in an article in Sports Illustrated in May 1998. The SI piece was followed by several newspaper articles in various cities around the country, but like most hot news topics, it was quickly forgotten as the nation moved on to more pressing issues. This Note aims to revisit this issue with an eye towards practical and legal resolution of this pervasive problem, suggesting ways that lawyers and agents can establish child support trusts to represent their clients' interests and provide the best result …

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 …