Digital Commons Network^™

The Effects Of Teachers' Flow Experiences On The Cognitive Engagement Of Students, Nian Q. Zhu Edd

Dissertations

The purpose of this quantitative study was to investigate the relationship between teachers' flow experiences and student cognitive engagement during class time. Study participants consisted of students and their teachers in grades 6 through 10 from a number of elementary and secondary schools in the Fraser Valley region of British Columbia, Canada. Data were collected through the use of the Experience-Sampling Method, originally developed by Csikszentmihalyi to investigate flow experiences, that allowed teachers and students to fill out sampling forms in response to randomly generated electronic signals transmitted to pagers or wrist watches that the teachers wore. Data were collected …

The Role Of Law In The Functioning Of Federal Systems, George A. Bermann

Faculty Scholarship

Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …

Valentine V. On Target, Inc.: It Is Time To Hold Gun Dealers Accountable For The Negligent Storage Of Firearms, Michael T. Pedone

Maryland Law Review

No abstract provided.

The Maryland Survey: 1999-2000

Maryland Law Review

No abstract provided.

A Journey Within A Journey: A Naturalistic Study Of The Early Relationship Development Process In Non-Directive Play Therapy, Nancy Lynne Riedel Bowers

Theses and Dissertations (Comprehensive)

An innovative qualitative methodology of "thematic analysis" was developed to describe the early relationship development process of non-directive play therapy. Through the analysis of individual and focus group meetings, six themes and hundreds of categories emerged which together describe the early process of play therapy and examine how these themes, separately and together, might facilitate the relationship development process. The themes identified are: description, qualities, goals, therapeutic support, process and indicators of growth. A new category emerged through the videotape analysis process of the research indicating that children resort to 'comfort play' when in time of distress. In addition, relationship …

Mark Tushnet: The Right Questions, Philip C. Bobbitt

Faculty Scholarship

It is the most grotesque of ironies that much of twentieth-century jurisprudence has been an effort to make law into a science. This effort amounts to a reversal of a far earlier appropriation. It was the observation of regularities in gravity and the movement of the planets that reformed science and gave credence to the locution, 'the laws of nature.' Nature was "lawful" because it appeared to follow undeviatingly a certain regimen, which is to say that any deviations observed were held to be clues as to the true content of the laws that were being followed. Mathematics was the …

Taxing International Income: Inadequate Principles, Outdated Concepts, And Unsatisfactory Policies, Michael J. Graetz

Faculty Scholarship

It is a pleasure to be here today to deliver the first David R. Tillinghast Lecture of the 21st century, a lecture honoring a man who has done much to shape' and stimulate our thinking about the international tax world of the 20th.

Our nation's system for taxing international income today is largely a creature of the period 1918-1928; a time when the income tax was itself in childhood. From the inception of the income tax (1913 for individuals, 1909 for corporations) until 1918, foreign taxes were deducted like any other business expense. In 1918, the foreign tax credit (FTC) …

Bankruptcy Court Jurisdiction And Agency Action: Resolving The Nextwave Of Conflict, Rafael I. Pardo

Scholarship@WashULaw

This Comment criticizes a pair of decisions by the United States Court of Appeals for the Second Circuit, FCC v. NextWave Personal Communications, Inc. (In re NextWave Personal Communications, Inc.) and In re FCC, which held that a bankruptcy court lacks jurisdiction to determine whether the Federal Communications Commission is stayed from revoking a debtor's licenses. The Comment argues that the Second Circuit interpreted the bankruptcy court's jurisdiction too narrowly because it failed to distinguish properly between an agency's action as a creditor and as a regulator. It concludes that bankruptcy courts and courts of appeals have concurrent jurisdiction to …

All In The Family: Darwin And The Evolution Of Mediation, Nancy A. Welsh

Faculty Scholarship

Maybe I’ve been thinking about evolution more than is normal for the average lawyer. I have a 5-year-old son who is fascinated by every species of dinosaur. As a result, I read to my son nearly every night about the events and the evolving cast of creatures that populated the Triassic, Jurassic and Cretaceous periods. Since the Triassic period began 240 million years ago, this provides a real sense of perspective.

I wonder how Charles Darwin would use his theory of evolution to explain the many strange and wonderful variations of mediation that have flowered in the past decade. And …

Reasoning With Rules, Joseph Raz

Faculty Scholarship

What is special about legal reasoning? In what way is it distinctive? How does it differ from reasoning in medicine, or engineering, physics, or everyday life? The answers range from the very ambitious to the modest. The ambitious claim that there is a special and distinctive legal logic, or legal ways of reasoning, modes of reasoning which set the law apart from all other disciplines. Opposing them are the modest, who claim that there is nothing special to legal reasoning, that reason is the same in all domains. According to them, only the contents of the law differentiate it from …

Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm

Campbell Law Review

As courts and administrative agencies are becoming busier and litigation more complex, many today see alternative dispute resolution, specifically arbitration, as a way to promptly and efficiently resolve disputes. Arbitration, especially in light of the recent United States Supreme Court decision in Circuit City Stores, Inc. v. Adams, is becoming more common in employer-employee, business-customer, and business- business relationships. The Court held in Circuit City that the Federal Arbitration Act (FAA) applies to nearly all interstate employment relationships. The challenge before the courts now is determining who should bear the burden of paying for the arbitration of disputes.

The Supreme Court Justice And "Boring" Cases, Neil M. Richards

Scholarship@WashULaw

This is a short essay discussing the phenomenon of boring cases at the Supreme Court. It examines two letters written by Supreme Court Justices to sick colleagues–a 1903 letter from Chief Justice E.D. White to William Day, and a 1941 letter from William O. Douglas to Hugo Black. The essay argues that one true and underappreciated measure of the worth of a Supreme Court Justice is not merely their ability to be (or at least appear to be) brilliant in the once-a-decade blockbuster cases. Instead, in selecting Supreme Court Justices, we should look just as much at their ability to …

Two Sides Of A River: Mormon Transmigration Through Quincy, Illinois, And Hannibal, Missouri, Fred E. Woods

Faculty Publications

The infamous extermination order issued 27 October 1838 by Missouri Governor Lilburn W. Boggs caused thousands of Latter-day Saints to flee the state and seek refuge in Illinois across the Mississippi River. Illinois, established in 1817, had high hopes for its future, but just two decades later it was smitten, like the rest of America, with the economic depression of 1837. In such a needy condition, the people Illinois welcomed the Mormon migrants for three central reasons. Financially motivated, the state viewed the Latter-day Saint influx as an opportunity to raise its population to boost the economy through the collection …

Grand Perspectives On Evidence Law, Roger C. Park

Faculty Scholarship

No abstract provided.

Stanford Nurses' Strike: A Case Study Of Negotiation, Mediation, And Conciliation In A Health Care Labor Dispute, Debra Gerardi

Faculty Scholarship

No abstract provided.

Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld

Articles

The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.

International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge

Faculty Scholarship

No abstract provided.

Disclosure Norms, Eric L. Talley

Faculty Scholarship

The purpose of this Article is to interrogate the relationship between judicial error and extralegal norms more formally, focusing particularly on typical corporate disclosure contexts. In so doing, I shall argue that this relationship is far less clear-cut than much of the literature suggests. Using a formal, game-theoretic model of information disclosure, I demonstrate that in the presence of judicial error, a society that benefits from extralegal norms of honest disclosure might ironically favor more expansive legal regulation than would a similarly situated society in which norms are weak or nonexistent. Thus, in contrast to the common argument that norms …

Unemployment Insurance And Wealth Redistribution, Gillian Lester

Faculty Scholarship

This Article evaluates the merit of liberalizing unemployment insurance eligibility as a means to achieve progressive wealth redistribution-an idea that has recently gained popularity among policymakers and legal scholars. Unemployment insurance (UI) provides temporary, partial wage replacement to workers who suffer unexpected job loss, but it tends to exclude workers who have very low wages or hours of work, or who quit for reasons considered "personal" (for example, to accommodate family demands). Professor Lester argues that while redistribution to workers who are poor or who have caregiving obligations is a desirable goal, expanding UI is a poor way to do …

Global Governance And The Changing Face Of International Law, Charlotte Ku

Faculty Scholarship

No abstract provided.

The Failure Of Epa's Water Quality Reforms: From Environment-Enhancing Competition To Uniformity And Polluter Profits, Andrew P. Morriss, Bruce Yandle, Roger E. Meiners

Faculty Scholarship

Since 1970, pollution control in the United States has centered on national level regulatory approaches built on federal command-and-control regimes. Enacted in reaction to well-publicized "failures" of markets, common law, and state and local regulation such as the "killer smogs" of the 1950s and 1960s and the "burning" of Cleveland's Cuyahoga River in 1969 modem environmental statutes shifted authority away from states, local governments, and private property holders to the national government.

Section I reviews the history of federal and state regulation of water quality and highlights the delicate balance of authority that has emerged between various levels of government. …

Vasoactive Intestinal Peptide Decreases Lipopolysaccharide (Lps)-Induced Cell Death In Rat Alveolar Macrophages., William Scott Poling

Graduate Theses, Dissertations, and Problem Reports (ETD)

Vasoactive intestinal peptide (VIP) is a potent anti-inflammatory neuropeptide that inhibits the function of activated macrophages, inhibits the production of proinflammatory cytokines IL-6 and TNF-α and enhances production of the antiinflammatory cytokine IL-10 in lipopolysacharide (LPS)-stimulated peritoneal macrophages. The present study describes the effect of VIP on cell death resulting from LPS exposure on rat alveolar macrophages in vitro. The experiments show that VIP attenuates cell death in LPS-treated alveolar macrophages. The results suggest that the anti-inflammatory action of VIP in LPS-treated lungs may be important in limiting pulmonary inflammatory responses to LPS

Information And Communication Technology And Poverty: An Asian Perspective, M. G. Quibria, Feichin, Ted Tschang

Research Collection Lee Kong Chian School Of Business

Many commentators have extolled the virtues of new information and communication technologies (ICTs) in reducing poverty and improving the quality of life. While such arguments have been used before in relation to many predecessor technologies, including other earlier communications technologies, the promise has often floundered. This paper attempts to provide a more balanced analysis of the question, by exploring the linkages between the new ICTs and poverty reduction. It examines the linkages in two ways: the potential for direct impacts of ICTs on various areas of poverty and development, and the indirect impacts of ICTs on economic growth, exports and …

University Of San Diego Football Media Guide 2001, University Of San Diego Athletics Department

Football (Men)

48 pages : illustrations, portraits ; 21.5 x 28 cm

Bulletin Of The University Of San Diego School Of Law 2001-2003, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

49 pages : illustrations, photographs ; 29.5 cm

Values Education Influence On Elementary Students' Self-Esteem, Ron W. Germaine Edd

Dissertations

The purpose of this study is to determine if there was a significant difference in measures of self-esteem between elementary school students to whom specific values were formally taught in their school as part of the curriculum and those who did not receive such instruction. The setting for the study was a school district in Canada that had identified sixteen values through community consensus. The district developed curriculum and lessons for the teaching of these values. A quasi-experimental research design was utilized. The treatment group was taught values as a formal part of their curriculum for a period of four …

A Historical Perspective Of The Freedom Schools: Implications For Social Change, O. Yvonette Murrell Powell Edd

Dissertations

Since the first African slave ship arrived on the American shores, the nature of life for these new inhabitants has differed greatly from that of any other immigrant group. The usual patterns of assimilation were not present. While most other immigrant groups were able to assimilate within three generations by making name changes, taking on characteristics of the majority population, finding employment and acculturating via education, the same avenues were not available to Blacks. After approximately 400 years of differential treatment, negative stereotyping, social stigmatization, and inordinate poverty, many Blacks are still struggling to assimilate. One of the greatest points …

Faculty Perceptions Of Dean Transitions: Does Trust Matter? An Interpretive Case Study Of Organizational Trust And Organizational Culture, Rebecca L. Woolston Edd

Dissertations

This study looked for factors that might have influenced faculty perceptions of new deans at a professional school in the western part of the United States. More specifically, the study explored the question of how organizational trust may have influenced perceptions of new deans and faculty willingness to trust new deans. A single case study used guided interviews as data for the interpretive analysis. The study sought to provide insight into the phenomenon of dean transitions. The study also endeavored to add new dimensions to current conceptualizations of organizational trust and culture by highlighting a previously underexplored but potentially relevant …

Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.