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2001

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Essential Elements, Nancy J. King, Susan Riva Klein Jan 2001

Essential Elements, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action "civil" may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an "affirmative defense" or a "sentencing factor" instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision …

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International Experience With General Anti-Avoidance Rules, Graeme S. Cooper Jan 2001

International Experience With General Anti-Avoidance Rules, Graeme S. Cooper

SMU Law Review

No abstract provided.

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In Search Of Coverage In Cyberspace: Why The Commercial General Liability Policy Fails To Insure Lost Or Corrupted Computer Data, Paula M. Yost, Paul E.B. Glad, William T. Barker Jan 2001

In Search Of Coverage In Cyberspace: Why The Commercial General Liability Policy Fails To Insure Lost Or Corrupted Computer Data, Paula M. Yost, Paul E.B. Glad, William T. Barker

SMU Law Review

No abstract provided.

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An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye Jan 2001

An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye

Theses and Dissertations

This research study examined the effect of the Freirean Theory of Education on one alternative secondary education program for at-risk students in Salvador da Bahia, Brazil. The learning theory, curriculum, and instructional methods were examined to determine the extent of the influence of Paulo Freire's Theory of Education, the extent of practice, and the extent to which faculty, students, and community members think it should be practiced. From this research, lessons were abstracted for use in schools in the United States. Brazil was chosen because of its shared history with the United States of slavery, colonialism, and oppression of people …

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Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner Jan 2001

Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner

Theses and Dissertations

Interdisciplinary care is a method of providing patient care that incorporates the efforts of various health care providers. Studies show this approach can improve patient care and decrease overall costs to the healthcare system. Despite the evidence for the benefits of interdisciplinary care, there are no well-defined models for training students during their didactic years to become members of an interdisciplinary team. This study determines the attitudes of administrators of professional schools toward interdisciplinary education, identifies perceived barriers to interdisciplinary education, examines the extent to which interdisciplinary education is occurring at academic health center campuses, and identifies the courses that …

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The Extent Of Awareness Of Tesol's Esl Standards For Pre-K-12 Students In Intensive English Programs In The United States, Alan D. Lytle Jan 2001

The Extent Of Awareness Of Tesol's Esl Standards For Pre-K-12 Students In Intensive English Programs In The United States, Alan D. Lytle

Theses and Dissertations

With the publication of TESOL's ESL Standards for Pre-K-12 Students in 1997, there was established a format by which to standardize English language learner progress with defined goals, standards, descriptors, and sample progress indicators. School districts throughout the United States began redesigning their curricula to address English Language Learners' needs by using the Standards. However, Intensive English Programs (IEPs) do not have a set of standards that includes their populations. This dissertation was designed to investigate the level of awareness of the Standards in IEPs in the United States, focusing specifically on establishing the extent to which TESOL's ESL Standards …

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Quaker Hagiography, Dean Freiday Jan 2001

Quaker Hagiography, Dean Freiday

Quaker Religious Thought

No abstract provided.

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Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications Jan 2001

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2001, Vol. 38, No. 2; No. 148

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The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung Jan 2001

The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung

Lingnan Theses

This research examined the influence of work status on attitudes and work outcomes. The two attitudes of perception of psychological contract violations, (violation of employment promise by employers) and fairness perception (fair treatment at work) were studied. This research examined the relationship between attitudes and work outcomes (organizational commitment, e.g. loyalty; organizational citizenship behavior, voluntary action done by employees for the sake of organizations and turnover intention). Individuals with family responsibility are attracted to work part-time voluntarily. Corporate downsizing has often forced individuals to go into part-time work involuntarily. Voluntary and involuntary work status had moderating effects on attitudes and …

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Psychological Mechanisms Underlying Individual Knowledge And Contribution In Learning Organizations, Bin Zhao, Hwee Hoon Tan Jan 2001

Psychological Mechanisms Underlying Individual Knowledge And Contribution In Learning Organizations, Bin Zhao, Hwee Hoon Tan

Research Collection Lee Kong Chian School Of Business

Although much has been written about how to set up learning organizations, there is a paucity of research on understanding employees’ willingness to learn or contribute knowledge in such activities, a key element in the success of organizational learning. This paper presents models for understanding individuals’ willingness to learn and individuals’ willingness to contribute in organizational settings. Through the examination of the psychological mechanisms underlying individuals’ willingness to learn and to contribute, we will further our understanding on the individual and contextual factors that affect employees’ decision to learn and contribute in organizational learning activities. Drawing from the literature, we …

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Visionaire 37: Vreeland Memos, Stephen Gan, Cecilia Dean, James Kaliardos, Greg Foley, Diana Vreeland Jan 2001

Visionaire 37: Vreeland Memos, Stephen Gan, Cecilia Dean, James Kaliardos, Greg Foley, Diana Vreeland

Visionaire

158 unnumbered leaves : facsimiles, portrait ; 28 cm + 1 case (24 x 30 x 5 cm), Title from unnumbered leaf 157. Textblock (lightly bound signatures) tied with red cotton ribbon and laid into envelope-style red editor's case with string-and-button closure. Foreword by Alexander Vreeland; biographical sketch by Harold Koda Consists of personal memos from Vogue Magazine editor Diana Vreeland to her staff. "One day a mysterious package arrived at the Visionaire offices. It was a large box containing more than four hundred original memos from Diana Vreeland to her staff at Vogue. The package had been sent to …

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Vol. 13 Num. 2 Farms Review Of Books, Farms Review Jan 2001

Vol. 13 Num. 2 Farms Review Of Books, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

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Editor's Introduction: Q&A, Daniel C. Peterson Jan 2001

Editor's Introduction: Q&A, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

Introduction to the current issue, including editor's picks. Peterson poses and answers fourteen “questions not asked” for readers of the FARMS Review of Books. Louis Midgley and George L. Mitton have been appoint as associate editors for the FARMS Review.

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Working Across Borders: Global Restructuring And Women's Work, Donna E. Young Jan 2001

Working Across Borders: Global Restructuring And Women's Work, Donna E. Young

Utah Law Review

In the last quarter century, economic globalization has intensified. Multinational corporations have increased their global influence to an astonishing degree. Global restructuring aids corporations in crossing national borders in search of conditions that increase production and profit. Access to cheap, unregulated or underregulated labor is critical to this process. Corporate interests have used domestic and international laws to their benefit. It is essential that women do the same. Immigrants, women, people of color, gays and lesbians, and poor people, are all at a marked disadvantage vis-a-vis multinational corporations and financial institutions. The latter have shaped and benefitted from laws fundamentally …

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The Lynching Of An American Prophet, Warren A. Jennings Jan 2001

The Lynching Of An American Prophet, Warren A. Jennings

BYU Studies

In 1839, Mormon refugees made their way from Missouri to Montrose, Iowa, across the Mississippi River from Nauvoo, Illinois, where they would eventually settle. The man who laid out the city of Montrose, David Wells Kilbourne, disliked Mormons because of a land dispute, and he shared his anti-Mormon opinions in the paper. One of his sympathizers, Thomas Dent, was an Anglican parson in England who'd seen members of his community join the strange new sect. Seeking information about the Mormons, Dent corresponded with Kilbourne. Here the author shares three of Kilbourne's letters to Dent. While the letters include both fact …

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Alma O. Taylor's Fact-Finding Mission To China, Reid L. Neilson Jan 2001

Alma O. Taylor's Fact-Finding Mission To China, Reid L. Neilson

BYU Studies

In 1909, after serving as a mission president in Japan for eight years, native Utah Mormon Alma O. Taylor visited China as directed by leaders of The Church of Jesus Christ of Latter-day Saints to determine if Mormon missionaries should be sent there. Taylor did not speak Chinese, so he drew his conclusions by speaking to native English speakers living in China, often Protestant missionaries. Excerpts of Taylor's original report are published here, revealing some of the prejudices and perspectives Westerners had regarding China in the early 1900s. The author also supplies historical information about Mormon missionary work in Japan …

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Mormons In The Press: Reactions To The 1901 Opening Of The Japan Mission, Shinji Takagi Jan 2001

Mormons In The Press: Reactions To The 1901 Opening Of The Japan Mission, Shinji Takagi

BYU Studies

During the first month when a Mormon Apostle and three missionaries arrived to begin proselytizing work in Japan, the local and national press published at least 160 articles on Mormonism, many of the articles appearing on the front page. The media attention was unprecedented for The Church of Jesus Christ of Latter-day Saints in that country. Here the author explores the reaction from the Japanese press toward Mormons, the social and historical context that led to such interest, and some of the media controversies that arose. The author concludes that one of the biggest reasons Mormons received such attention when …

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Brief Notices, Connie Lamb, Robert L. Maxwell, Russell C. Taylor, Ivan F. Beutler, Joseph E. Gonzalez, Casualene Meyer Jan 2001

Brief Notices, Connie Lamb, Robert L. Maxwell, Russell C. Taylor, Ivan F. Beutler, Joseph E. Gonzalez, Casualene Meyer

BYU Studies

No abstract provided.

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Integrating Indian Law Into A First Year Legal Writing Course, Barbara P. Blumenfeld Jan 2001

Integrating Indian Law Into A First Year Legal Writing Course, Barbara P. Blumenfeld

Faculty Scholarship

When the author designed the appellate problem for first-year law students, she chose Indian Law because the learning experience transcends subject-specificity. The author discusses how she designs the problem and introduces it to students, and notes reactions from students as they research and prepare their brief.

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Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr Jan 2001

Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr

Faculty Scholarship

This paper takes a historical approach to the depictions of African-Americans in television in the five decades since the 1950s and links those images to the changing roles and perceptions of African-Americans in society. Part I discusses the various television shows from the 1950s to the 1990s that featured African-Americans and have had a societal impact. Part II analyzes the chicken/egg relationship between networks and advertisers and asks whether television, given the economic forces affecting it, can be used as a force for change. Part III explores how these television images have affected foreigners and children. Television remains "without a …

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The Constitution And Property: Due Process, Regulatory Takings, And Judicial Takings, Roderick E. Walston Jan 2001

The Constitution And Property: Due Process, Regulatory Takings, And Judicial Takings, Roderick E. Walston

Utah Law Review

Regulatory takings and judicial takings are judicial works in progress. The Supreme Court has charted a reasonably clear path out of the regulatory takings maze, one that allows the courts to redeem constitutional property protections by resorting to due process-like principles. The Court has not yet, however, confronted the divergence of its jurisprudence regarding judicial takings, nor indicated whether courts are subject to the same constitutional limitations that apply to legislative bodies. Thus, although the Court has significantly clarified the law since Justice Holmes announced in Pennsylvania Coal that government cannot go "too far" in regulating property, many significant takings …

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Dual Citizenship And Forced Marriages, Alison Symington Jan 2001

Dual Citizenship And Forced Marriages, Alison Symington

Dalhousie Journal of Legal Studies

This paper examines the phenomenon of forced marriage and how the international law on diplomatic protection and domestic citizenship laws interact to prevent young women from receiving help because of their status as dual nationals. The evolution of international law and the rise of human rights are considered, the author contesting international rules preventing the United Kingdom from attempting to assist its nationals who are abducted to South Asia for the purposes of forced marriage. This paper demonstrates how in complex situations involving power, gender, culture and politics, law is better understood as a struggle over meaning than as a …

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Unpacking ‘Adam Smith: Critical Theorist?’, Spencer J. Pack Jan 2001

Unpacking ‘Adam Smith: Critical Theorist?’, Spencer J. Pack

Economics Faculty Publications

This paper responds to Keith Tribe's provocative Journal of Economic Literature article, “Adam Smith: Critical Theorist?” There Tribe argued that most people most of the time grossly misread Smith, due, among other things, to their quite inadequate appreciation of Smith's linguistic, social, moral, and theological context. Against Tribe, the paper argues that Smith can profitably be read as both an eighteenth-century moralist and a twenty-first century critic. Smith can be a source of inspiration, wisdom and profundity for contemporary economists. Moreover, Smith can be successfully employed by modern economists to change, deepen, and broaden contemporary economic theory.

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Momentum| Poems, Erik Fritz Jan 2001

Momentum| Poems, Erik Fritz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Frankie Thompson Oklahoma Story| Poems, Bryan Clark Moskop Jan 2001

Frankie Thompson Oklahoma Story| Poems, Bryan Clark Moskop

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Dan Cushman Reader, Brent D. Mccann Jan 2001

Dan Cushman Reader, Brent D. Mccann

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Clinical Education In Russia: "Da And Nyet", Lawrence M. Grosberg Jan 2001

Clinical Education In Russia: "Da And Nyet", Lawrence M. Grosberg

Clinical Law Review

This essay, which grows out of the author's work with law professors in Russia under the auspices of the ABA's Central and East European Law Initiative (CEELI), examines the role that Western clinical legal educators can play in Russian legal education. The essay begins by briefly describing the historical context for the CEELI project and presenting a profile of the Russian law school. The essay then describes some of the author's experiences in Russia and offers suggestions for future Western involvement in Russian legal education.

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Self -Efficacy And Human Caring Correlates Of Child Welfare Caseworker Performance In The Juvenile Courts., Sue Duvall Steib Jan 2001

Self -Efficacy And Human Caring Correlates Of Child Welfare Caseworker Performance In The Juvenile Courts., Sue Duvall Steib

LSU Historical Dissertations and Theses

This study explored the relationship between personal characteristics of casework staff in a public child welfare agency and the way in which they work with the courts and legal system. A set of six measures was developed or adapted for this research to explore theoretical linkages between the personal psychological variables of self-efficacy and human caring, and the way in which caseworkers participate in the formulation of agency decisions concerning families and children as well as the way in which their performance is assessed by judges hearing child dependency matters. The research also addressed the reliability and construct validity of …

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Crop Response And Weed Control With Glufosinate In Rice., David Yves Lanclos Jan 2001

Crop Response And Weed Control With Glufosinate In Rice., David Yves Lanclos

LSU Historical Dissertations and Theses

Studies were conducted to evaluate crop tolerance and yield of glufosinate-resistant rice lines treated with glufosinate throughout the season. In addition, studies were conducted on harvested seed treated with glufosinate at various growth stages to evaluate seed weights, germination, and seedling vigor. Weed control with glufosinate alone and in combination with other herbicides was evaluated. Red rice control with different glufosinate rates and timings under 5, 10, and 20 cm permanent flood depths was also evaluated. In the tolerance study, CPRS PB-13 injury was less than 10% for all timings and no differences in yield were detected when compared with …

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Translating Exile In Panait Istrati's "Mes Departs", Samuel Beckett's "Fin De Partie" And Selected Poems By Paul Celan., Ina Alice Pfitzner Jan 2001

Translating Exile In Panait Istrati's "Mes Departs", Samuel Beckett's "Fin De Partie" And Selected Poems By Paul Celan., Ina Alice Pfitzner

LSU Historical Dissertations and Theses

Translation and exile are two phenomena that marked life in the twentieth century, especially in Europe, and have therefore left their traces in French literature as well. Translation from one language to another is a heightened form of the translation process inherent in any writing. Exile in a foreign country, linguistic exile, is an aggravated form of the exile every human being experiences at some point. Parting from Lucian Blaga's concept of "mioritic space," which is based on the Romanian myth of Mioritza, as well as Walter Benjamin's essay "Die Aufgabe des Ubersetzers" [The Task of the Translator], this study …

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