Digital Commons Network^™

Smu Research, Volume 8, Office Of Public Affairs

SMU Research Magazine

No abstract provided.

Why Business Fails In Russia, Roger D. Billings Jr.

The International Lawyer

No abstract provided.

Article 13(B) Of The Hague Convention Treaty: Does It Create A Loophole For Parental Alienation Syndrome - An Insidious Abduction, Barbara Bevando Sobal, William M. Hilton

The International Lawyer

No abstract provided.

Suspending And Expelling Children From Educational Opportunity: Time To Reevaluate Zero Tolerance Policies, Alicia C. Insley

American University Law Review

No abstract provided.

2000-2001 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2000-2001 Committee on Academic Responsibility Annual Report. Additional annual reports are attached.

A Kindler, Gentler Supreme Court?: The Case Of Burns And The Need For A Principled Approach To Overruling, Richard Haigh

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

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 …

Criminal Theory In The Twentieth Century, George P. Fletcher

Faculty Scholarship

The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …

Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker

Articles

Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5

Class Action Advice In The Form Of Questions, Edward H. Cooper

Articles

The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt to contemplate adaptation of United States practice to different cultures, political structures, substantive laws, and courts with dissimilar surrounding procedures. It is distracting because there are so many different levels of possible comparison that the choice of perspective must be tailored to the immediate occasion. It is tempting to take on the most important sets of questions-for example, …

How To Talk About Religion, James Boyd White

Articles

Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into …

Good Faith And The Cooperative Antagonist (Symposium On Revised Article 1 And Proposed Revised Article 2 Of The Uniform Commercial Code), James J. White

Articles

One of Karl Llewellyn's most noted achievements in the Uniform Commercial Code was to impose the duty of good faith on every obligation under the Uniform Commercial Code.1 Some (I am one) have privately thought that imposition of this unmeasurable, undefinable duty was Llewellyn's cruelest trick, but no court, nor any academic writer, has ever been so bold or so gauche as to suggest that good faith should not attend the obligations of parties under the UCC. Notwithstanding this silent indorsement of the duty of good faith, the courts2 and commentators3 have had difficulty in determining what is and what …

A Non-Authoritative Educational Metadata Ontology For Filtering And Recommending Learning Objects, David Wiley, Mimi M. Recker

Faculty Publications

Digital libraries populated with learning objects are becoming popular tools in the creation of instructional technologies. Many current efforts to create standard metadata structures that facilitate the discovery and instructional use of learning objects recommend a single, authoritative metadata record per version of the learning object. However, as we argue in this paper, a single metadata record -- particularly one with fields that emphasize knowledge management and technology, while evading instructional issues -- provides information insufficient to support instructional utilization decisions. To put learning objects to instructional use, users must examine the individual objects, forfeiting the supposed benefits of the …

Spanish Epenthesis: Formal And Preformance Perspectives, David Eddington

Faculty Publications

Epenthesis of /e/ before sC- clusters in Spanish is documented word-initially (e.g., eJfera) as well as in word-internal contexts (e.g., subestimar). Cases of alternating epenthesis also exist (e.g., arteriosclerosis I arterioeclerosis). Epe nthesis is examined in the formal frameworks of lexical phonology and optimality theory. Both formal analyses are able to account for the majority of the data presented, however, each requires some arguably ad hoc manipulation in order to do so. From a performance standpoint, it is argued that epenthesis plays no role in the processing of native Spanish words. The appearance of epenthesis in loan words (e.g., stress …

Surface Analogy And Spelling Rules In English Vowel Alterations, David Eddington

Faculty Publications

Previous psycholinguistic research into the English vocalic system suggest that the vowel alternations [ei-re, ii-£, ai-1, ow- a, u"-A], termed SPELLING RULE ALTERNATIONS, are psychologically significant for English speakers, in that they can influence the pronunciation of unfamiliar words. In this paper, the influence of these salient alternations on nonce words and neologisms is assessed. The effect of su1face analogy on the pronunciation of novel words is also examined. Surface analogy may be defined as the influence exerted by the fu lly specified surface forms of the morphemic relatives of a word. It assumes that all allomorphs of a given …

A Usage-Based Simulation Of Spanish S-Weakening, David Eddington

Faculty Publications

The pronunciation of Spanish /s/ as an aspirate [h] (or its deletion) is studied in a usagebased simulation that assumes that prior linguistic experiences are stored as memory traces, and that these stored experiences, instead of generalizations abstracted from them, are the source of the knowledge speakers have of their language. This exploratory simulation was carried out using the algorithm of Analogical Modeling of Language (Skousen 1989, 1992).

Women's International Tribunal On Japanese Military Sexual Slavery, Christine M. Chinkin

Articles

From December 8 to 12,2000, a peoples' tribunal, the Women's International War Crimes Tribunal 2000, sat in Tokyo, Japan. It was established to consider the criminal liability of leading high-ranking Japanese military and political officials and the separate responsibility of the state of Japan for rape and sexual slavery as crimes against humanity arising out of Japanese military activity in the Asia Pacific region in the 1930s and 1940s.

The immediate background to the tribunal's establishment was a series of events commencing in 1988 when the women's movement in the Republic of Korea began to learn of the research of …

Mary Mccarthy Writes Her Truth: Memories Of A Catholic Girlhood And The Expansion Of The Autobiographical Tradition, Roxanne H. Hughes

Dissertations and Theses @ UNI

Modernist and postmodernist writer Mary McCarthy was a unique feminist writer. Throughout her writing career, which spanned nearly fifty years, McCarthy authored three autobiographical volumes, nine volumes of fiction, two books about art, and numerous essays and reviews. Regardless of the critical response to her writing, McCarthy wrote her truth her way. McCarthy did not capitulate to traditional patriarchal notions of autobiographical content and form; rather, she challenged patriarchal autobiographical traditions in her texts. This thesis examines McCarthy's first autobiographical volume, the 1957 Memories of a Catholic Girlhood, which describes McCarthy's orphanhood in post-World War I America. The introductory chapter …

Moral Courage And Civility, William I. Miller

Articles

Here follow some words from the book which, given our lost sense of security and innocence in light of Pearl Harbor II of Sept. 11, 2001, turns out to have a more pressing relevance than it had when I wrote it a couple of years ago.

Rescue And The War Story, William I. Miller

Articles

It is precisely in the domain of rescue that twentieth-century battle has made its peculiar addition to the styles of the heroic.

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

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 …

The Methodological Commitments Of Contemporary Contract Theory, Jody S. Kraus

Faculty Scholarship

Autonomy and economic theories of contract seem to provide incompatible accounts of contract law. In this Chapter, I argue that what appear to be first-order disagreements over particular contract doctrines are really implicit second-order disagreements reflecting the divergent methodological commitments of autonomy and economic theories. I argue that autonomy theories accord priority to the normative project of justifying existing contract doctrine, treat contract law as consisting in the plain meaning of doctrine, require contract theory to explain the distinctive character of contract law, and take the ex post perspective in adjudication. In contrast, economic theories accord priority to the positive …

Cerebral Substrates Of Musical Imagery, Andrea R. Halpern

Faculty Journal Articles

Musical imagery refers to the experience of "replaying" music by imagining it inside the head. Whereas visual imagery has been extensively studied, few people have investigated imagery in the auditory domain. This article reviews a program of research that has tried to characterize auditory imagery for music using both behavioral and cognitive neuroscientific tools. I begin by describing some of my behavioral studies of the mental analogues of musical tempo, pitch, and temporal extent. I then describe four studies using three techniques that examine the correspondence of brain involvement in actually perceiving vs. imagining familiar music. These involve one lesion …

Preaching By Discovery: A Training Program To Help Lay Speakers Develop A Style Of Preaching That Motivates To Action, Michael A. Mnich

Doctor of Ministry Projects

Problem

Many Seventh-day Adventist congregants do not act upon the sermons they hear. Lay preachers often preach in small, rural, Seventh-day Adventist churches. This project sought to develop a six-hour seminar to train lay preachers to preach in a way that motivates hearers to action.

Method

A literature search was conducted on motivational principles in psychology, education, the Bible, and the writings of Ellen G. White. These principles were used to develop the Preaching by Discovery seminar, which was given to the lay preachers of three small rural Seventh-day Adventist churches in Kansas. After the six-hour weekend seminar, lay preachers …

Islam, Indigenous Traditions, And Adventism In Kenya: A Comparative Study To Determine Effective Approaches To Evangelize Kenyan Muslims, Joseph Kilonzo

Doctor of Ministry Projects

Problem

Islam is spreading speedily in Kenya from the coast and the north towards inland areas, converting great number of persons and communities. The Islamic influence is evident in almost all spheres of life in the country, including social, political, economical, and spiritual. Muslims are particularly hard to reach with the gospel. However, this does not mean the task of reaching them is unsurmountable. The task of this project, therefore, was to provide a biblical, theological, and missiological strategy for presenting the gospel to Muslims in Kenya with the view of winning them over to Christianity (Adventism).

Method

The research …

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

Articles

A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …

Essay: Recent Trends In American Legal Education, Paul D. Reingold

Articles

An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …

A Study Of Important Content For Undergraduate Graphic Communications Programs, Tsung-Yu Hao

Dissertations and Theses @ UNI

This study was an investigation of important content for undergraduate graphic communications programs in four-year colleges and universities. The findings of this study can help educational professionals as they design curriculum, equip laboratories, and recruit faculty.

Subject categories and content items were initially identified by a review of literature. These content items were then further refined and rated on level of importance by a panel of experts. Modified subject categories and content items were then sent to the panel a second time for rating. Through this process, 15 subject categories and 68 content items were identified.

A questionnaire was developed …

Attitudes And Perceptions Regarding Internet-Based Electronic Data Interchange In A Public Organization In Saudi Arabia, Abdulrahman S. Al-Zumaia

Dissertations and Theses @ UNI

This study examined the attitudes and perceptions of staff members and administrators in the General Directorate for Private Institutes & Centers (GDPI&C), Training institutes, and Centers in Saudi Arabia toward Internet-based Electronic Data Interchange (I-EDI) in a public organization. A survey was conducted of a group of GDPI&C members and randomly selected Institutes and Centers. The 339 respondents participated anonymously by providing demographic information and completing the attitudes and perceptions section of I-EDI questionnaire. The survey response rate was 82.6%.

An attitude survey was distributed to staff members, administrators, and faculty members in the Saudi Arabian GDPI&C, Training Institutes, and …