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Tradition As A Viable Option For Protestant Theology : The Vincentian Method Of Thomas C. Oden, Kwabena Donkor

Dissertations

This dissertation analyzes Thomas Oden's theological method in order to understand its structural elements, and thereby, to facilitate a clearer comprehension of his commitment to the classic Christian tradition in the context of the increasing contemporary emphasis on postmodernism in Protestant theology. Given Oden's affirmation of the Christian tradition and his simultaneous commitment to postmodern sensitivities, the dissertation strives to examine how Oden is able to harmonize what essentially appears to be a dialectical situation. Thus, although the emphasis on tradition in Oden raises the perennial issue of Scripture versus Tradition, the postmodern question raises the issue beyond the usual …

Stroop Interference And Working Memory - Reply To Stafford On Koch On Stroop-Differences, Chris Koch

Faculty Publications - Psychology Department

Koch et al. (1999) presented two studies in which cluster analysis was used to examine individual differences in Stroop processing. Stafford (2000) raised two questions concerning the methodology of Study I and the results from Study II. This reply addresses those issues. It is concluded that cluster analysis can be used examine individual differences but that multiple methods of cluster analysis may be appropriate when analyzing data. Further, the results from Study II are consistent with current research on working memory when comparing across participants. The results, however, do suggest that additional research is needed to determine the role of …

Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.

Faculty Scholarship

The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …

Annual And Interannual Changes In The North Atlantic Stmw Layer Properties, Michael A. Alfultis, Peter C. Cornillon

Graduate School of Oceanography Faculty Publications

Subtropical mode waters (STWMs) are water masses formed in winter by convective mixing on the equatorward side of western boundary currents in the subtropical gyres. After the return of the seasonal stratification in spring, it is found at the stratification minimum between the seasonal and main pycnoclines. By characterizing STMW primarily at the density gradient minimum, previous studies were limited in their ability to describe STMW properties over large temporal and spatial scales. Rather than using a density-based characterization, the North Atlantic STMW layer was identified here by its much smaller temperature gradient relative to the more stratified seasonal and …

Absolute Geostrophic Velocity Within The Subantarctic Front In The Pacific Ocean, Kathleen A. Donohue, Erin Firing, Shuiming Chen

Graduate School of Oceanography Faculty Publications

Velocity measurements from a shipboard acoustic Doppler current profiler (ADCP) are used as a reference for geostrophic current calculations on six sections across the Subantarctic Front (SAF) in the Pacific Ocean. The resulting cross‐track velocity estimates near the bottom range from 4 to 10 cm s⁻¹ to the east in the eastward jet at the SAF; in adjacent regions of westward surface flow, the near‐bottom velocity is usually to the west. On one section where simultaneous lowered ADCP velocity profiles are available, they confirm the results from the shipboard ADCP. Annual mean velocity sections from the Parallel Ocean Program …

A Characterization Of The North Atlantic Stmw Layer Climatology Using World Ocean Atlas 1994 Data, Michael A. Alfultis, Peter C. Cornillon

Graduate School of Oceanography Faculty Publications

The North Atlantic Subtropical Mode Water (STMW) layer was identified based on its temperature, large thickness, and small temperature gradient. Comparisons between this method and identifying the STMW layer using a density-based (i.e., potential vorticity) criteria indicate that this method successfully identifies the STMW layer as the remnant of the previous winter's convective mixing. By using this temperature-based characterization of the STMW layer, this method was able to develop a climatology using the large number of expendable bathythermographs (XBTs) deployed between 1968 and 1988, and contained in the World Ocean Atlas 1994 historical hydrographic database. From this climatology, the STMW …

Growth And Development Rates Of The Copepod Calanus Finmarchicus Reared In The Laboratory, Robert G. Campbell, Melissa M. Wagner, Gregory J. Teegarden, Carla A. Boudreau, Edward G. Durbin

Graduate School of Oceanography Faculty Publications

Development rates, nitrogen- and carbon-specific growth rates, size, and condition were determined for the copepod Calanus finmarchicus reared at 3 temperatures (4, 8, and 12°C) at non-limiting food concentrations and 2 limiting food concentrations at 8°C in the laboratory. Development rates were equiproportional, but not isochronal. Naupliar stage durations were similar, except for non-feeding stages, which were of short duration, and the first feeding stage, which was prolonged, while copepodite stage durations increased with increasing stage of development. Under limiting food concentrations at 8°C, development rates were prolonged but similar relative patterns in stage durations were observed. Body size (length …

Tax Constraints On Indexed Options, David M. Schizer

Faculty Scholarship

Indexed stock option grants reward executives for outperforming a benchmark, such as the market as a whole or competitors in the same industry. These options offer superior incentives by limiting the influence of factors beyond an executive's control, such as general market and industry conditions. Yet indexed options are almost never used. Professor Saul Levmore seeks to explain this puzzle with norms. This comment on his article argues that tax plays a larger role in this puzzle than he acknowledges, although tax is not a complete explanation. Accounting and Professor Levmore's norms-based account are then briefly considered.

Voting (Insincerely) In Corporate Law, Zohar Goshen

Faculty Scholarship

Voting lies at the center of collective decision-making in corporate law. While scholars have identified various problems with the voting mechanism, insincere voting — in the forms of strategic voting and conflict of interests voting — is perhaps the most fundamental. This article shows that insincere voting distorts the voting mechanism at its core, undermining its ability to determine transaction efficiency. As further demonstrated, strategic and conflict of interests problems frequently coincide with one another: voting strategically often means being in conflict, and many fact patterns present aspects of both problems. Finally, this article claims that although the two problems …

Three Nearly Sacred Books In Western Law, George P. Fletcher

Faculty Scholarship

We American lawyers pride ourselves on the secular nature of our legal system. We celebrate the separation of Church and State. We think that the moving spirit of the law is to be found not in eternal truths about the universe but in the contingent needs of social and economic policy. "The life of the law has not been logic: it has been experience," said Oliver Wendell Holmes, Jr., in a sentence that since 1881 has broadcast to every new generation of lawyers the pragmatic foundations of their craft.

We assume that we have little in common with the great …

Company Registration And The Private Placement Exemption, Merritt B. Fox

Faculty Scholarship

Over the last twenty years, there has been a steady shift in securities disclosure regulation away from its traditional transactional basis toward a system of company registration. Under the transaction based approach, each new public offering of a security has to be registered under the Securities Act of 1933 (the "1933 Act"), a requirement that reflects the SEC's traditional concern that the most important time to have high-quality disclosure is at the moment of a securities offering. Under the company registration approach, an established, publicly traded issuer would register just once, provide information thereafter on a periodic basis, and then …

The Securities Globalization Disclosure Debate, Merritt B. Fox

Faculty Scholarship

A global market is developing for the shares of an increasing portion of the world’s 41,000 publicly-traded issuers. This trend has given rise to an active debate concerning what United States policy should be toward regulation of their disclosure practices. This Article is a comment on this debate through the eyes of an active participant

Religion And American Political Judgments, Kent Greenawalt

Faculty Scholarship

This Article addresses the extent to which officials and citizens should rely directly on their religious convictions to reach political judgments and make political arguments. Reviewing opposing "exclusive" and "inclusive" positions, this Article suggests that officials generally should not articulate arguments in religious terms. Many officials should have a greater freedom to rely on religious bases of judgments, and private citizens should not regard themselves as constrained in the manner of officials. This approach, defended initially from the perspective of detached political philosophy, fits comfortably with a variety of overarching religious views. The constraints it suggests should be regarded as …

Challenges To Fragile Democracies In The Americas: Legitimacy And Accountability, Martin Böhmer, A.R. Brewer-Carías, Helen Beatriz Mack Chang, Sarah H. Cleveland, Francisco Cox, Lourdes Flores Nano, H.W. Perry Jr., Steven Ratner, Carlos Rosenkrantz, Roberto Saba, Dean Michael Sharlot, Nicolas Shumway, Gerald Torres

Faculty Scholarship

February 25, 2000, the University of Texas School of Law hosted an extraordinary gathering to discuss the fragility of democracies in Latin America and the dangers that they face. The event was sponsored by several institutions at the University of Texas: the School of Law, the Institute of Latin American Studies, the Office of the Provost, the College of Liberal Arts Democracy in the Third Millennium Program, and the International Law Society at the School of Law.

The Evolving Face Of God As Creator: Early Ninteenth-Century Traditionalist And Accommodationist Theological Responses In British Religious Thought To Paleonatural Evil In The Fossil Record, Thane Hutcherson Ury

Dissertations

The Topic

From the early Reformation through the early 1800s, Gen 1-11 was consensually understood as providing a perspicacious, historical account of how God brought the world into being. Tenets of belief included six literal 24-hour days of creation and a catastrophic global Flood, and most often the conviction that Gen 1:31 implies that no evil of any type existed prior to the Fall. New geological interpretations in the early nineteenth century, however, pointed toward an earth history that seemed anything but very good, instead suggesting a harsh concatenation of deep-time prelapsarian pain, struggle, destruction of the weak, predation, diseases, …

Impact Of A Short-Term Shelter Program On Selected Outcome Indicators Among Youths And Their Parents, Gale Sandra Hackworth

Dissertations

Problem. Innovative services have been developed over the last 10 years to assist families in coping with the increased demands associated with child rearing. One burgeoning area of resource development has been that of"respite" for parents. A variety of programs and methods have been utilized in providing these services. While families frequently proffer the benefit of these programs, there is a relative paucity of data to substantiate these claims. This study has attempted to evaluate the effectiveness of respite programming using outcome indicators which include both objective and subjective measures. This study focused upon families utilizing a short-term respite …

Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester

Faculty Scholarship

Restrictive covenants are an increasingly common feature of employment, used across a wide range of industries, occupations, and employees. In its most common form, a restrictive covenant prohibits an employee from competing with the employer within a certain geographic area fora specified period of time after departure, usually one or two years. Sometimes these clauses are drawn more narrowly, proscribing specific activities such as continued dealings with former customers. Regardless of scope, the typical remedy when an employee breaches such a covenant is injunctive relief.

A substantial literature within law and economics debates the merits of restrictive covenants from an …

Taking Care, Katherine M. Franke

Faculty Scholarship

Care must be taken when human needs are expressed in the odd dialect of legal rights. This delicate act of translation – from private need to public obligation – demands acute sensitivity to the ways in which public responsibility inaugurates a new and complex encounter with a broad array of public preferences that deprive dependent subjects of primary stewardship over the ways in which their needs are met. Both Martha Fineman and Joan Williams have taken on the difficult project of making the ethical and political case for transforming dependency and care – from private or domestic need to public …

Is Article 2 The Best We Can Do?, Robert E. Scott

Faculty Scholarship

You will all be happy to know that, haying listened to my colleagues for the last three hours, I have completely forgotten what I was planning to say. But I haven't forgotten why I am here. I am the proverbial skunk at the garden party, and I hope to fulfill my role as the only skeptic in the group. I must tell you candidly, however, that I agree with everything Gail Hillebrand had to say. That doesn't mean she is going to agree with anything that I have to say, but perhaps there are two skeptics here this afternoon.

My …

Sentencing Eddie, Gerard E. Lynch

Faculty Scholarship

The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …

Values: A Christian Perspective, A Response To Michael Gorman, J. Ray Doerksen

The Christian Librarian

Michael Gorman's recent challenge to Christian librarians at the ACL annual conference in San Diego begs for a response. What was the nature of that challenge? It was that we, as Christian librarians, should share values that can be derived completely from a humanistic perspective. It would be surprising if a humanistic perspective could successfully articulate Christian values, and in this case, there is no surprise.

Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal, Katherine M. Franke

Faculty Scholarship

NOW Legal Defense and Education Fund ("NOW LDEF") is a leading national non-profit civil rights organization that performs abroad range of legal and educational services in support of efforts to eliminate sex-based discrimination" and secure equal rights. NOW LDEF was founded in 1970 by leaders of the National Organization for Women as a separate organization. NOW LDEF has appeared as amicus in numerous cases involving sex stereotyping as a form of sex discrimination, including Price Waterhouse v. Hopkins, and Fisher v. Vassar College.

Equal Rights Advocates ("ERA") is one of the oldest public interest law firms specializing in …

Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke

Faculty Scholarship

In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …

Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt

Faculty Scholarship

When I was originally approached to participate in this Symposium on the work and legacy of Joel Feinberg, I immediately began thinking about the influence of his essay The Expressive Function of Punishment on contemporary criminal law theory in the United States. That essay has contributed significantly to a growing body of scholarship associated with the resurgence of interest inexpressive theories of law. In the criminal law area, the expressivist movement traces directly and foremost to Feinberg's essay. As Carol Steiker observes, "Joel Feinberg can be credited with inaugurating the "expressivist" turn in punishment theory with his influential essay, The …

Guns, Crime, And Punishment In America, Bernard E. Harcourt

Faculty Scholarship

There are over 200 million firearms in private hands in the United States, more than a third of which are handguns. In 1993 alone, it is estimated that 1.3 million victims of serious violent crime faced an offender with a gun. In 1999, there were approximately 563,000 such victims. Estimates of defensive uses of firearms – situations where individuals used a gun to protect themselves, someone else, or their property – range from 65,000 to 2.5 million per year. Punishments for crimes committed with a firearm are severe: under the federal firearms enhancement statute, the mandatory minimum sentence for use …

Divorce, Children's Welfare, And The Culture Wars, Elizabeth S. Scott

Faculty Scholarship

Are children harmed when their parents divorce? If so, should parents' freedom to end marriage be restricted? These questions have generated uncertainty and controversy in the decades since legal restraints on divorce have been lifted. During the 1970s and 80s, the traditional conviction that parents should stay together "for the sake of the children" was supplanted by a view that children are usually better off if their unhappy parents divorce. By this account, divorcing parents should simply try to accomplish the change in status with as little disruption to their children's lives as possible. This stance has been challenged sharply …

High Frequency Of Extra-Pair Paternity In Eastern Kingbirds, D. L. Rowe, M. T. Murphy, R. C. Feischer, Paul G. Wolf

Biology Faculty Publications

Genetic parentage in the socially monogamous and territorial Eastern Kingbird( Tyrannust tyrannus) was examined in a central New York population by multilocus DNA fingerprinting. Extra-pair young were identified in 60% (12 of 20) of nests. Of the 64 nestlings profiled, 42% were sired by extra-pair males, but no cases of conspecific brood parasitism were detected. These results are markedly different from a previous electrophoretic study of the same species in a Michigan population, which reported 39% of nestlings were unrelated to one (typically the mother, quasiparasitismo)r both (conspecificb roodp arasitism) of the putative parents. In the New York population, extra-pairp …

Race And Negotiation Performance, Charles B. Craver

GW Law Faculty Publications & Other Works

This article explores the correlation between race and negotiation performance with respect to the results achieved on Negotiation course exercises. It initially discusses empirically established differences between whites and blacks that might influence bargaining encounters, and then examines nine years of data in my Negotiation class. It is interesting to note that no statistically significant differences were found between black and white student negotiation results. This article is significant, because it counteracts the apparent belief among African-American athletes that white agents should do better when they negotiate with team owners who are usually white than black agents.

Reflections [Complete Issue : First Quarter 2001, Vol 27, 1], Sigma Theta Tau International, Ann L. Whall, Kathleen Byrne Colling, Jeanie Kayser-Jones, Barbara K. Haight, Graham J. Mcdougall, Janice M. Morse, Ethel Mitty, Kyung Rim Shin, Peter I. Buerhaus, Brenda L. Lyon

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Suicide in the Elderly

Starved for Attention

Parish Nursing: …

Cavemen In Eden? Bernard Shaw And Mark Twain Offer Radical Revisions Of Genesis, Julie A. Sparks

Faculty Publications, English and Comparative Literature

No abstract provided.