Digital Commons Network^™

Taking Stock Of Taking Stock, Poonam Puri

Articles & Book Chapters

Silicon Valley law firms were among the first to experiment with taking stock in their technology start-up clients. They were followed by law firms in other financial centers in the United States and Canada, as well as more conservative law firms in England and the rest of Europe. This Article critically analyzes the practice of lawyers taking equity in their clients as compensation for legal services. First, it explains that equity billing can provide significant private benefits to law firms and clients, and can also provide indirect public benefits. Second, it argues that equity billing can be usefully analogized to …

Sonification Of Daily Weather Records: Issues Of Perception, Attention And Memory In Design Choices, John H. Flowers, Laura E. Whitwer, Douglas C. Grafel, Cheryl A. Kotan

Department of Psychology: Faculty Publications

Daily climate records that include temperature and precipitation observations, along with other optional “event” records (such as a severe storm occurrence or the highlighting of record high or low temperatures) are a form of multivariate time series data that is well suited to sonification. Our project describes and demonstrates sonification of historical monthly weather records from Lincoln, Nebraska that allow perceptual comparisons between corresponding monthly records from different years for illustration of climatic trends and fluctuations. Choices of data-sound mapping schemes and temporal properties of the display will be related to basic principles of auditory perception, attention and cognition

Vireo Song Repertoires And Migratory Distance: Three Sexual Selection Hypotheses Fail To Explain The Correlation, D. James Mountjoy, Daniel Leger

Department of Psychology: Faculty Publications

Previous studies have found a relationship between migration and the degree of elaboration of sexually selected traits, but investigators have differed in the mechanisms they proposed to account for this association. We examined the relationship between song repertoire size and distance migrated among birds in the genus Vireo. There is a strong positive relationship between migratory distance and repertoire size in this genus, but our data do not support the specific predictions of any of the three proposed mechanisms (the “rapid pairing,” “good migrations,” and “territory lottery” hypotheses). Migration distance is presumably correlated with other life-history characteristics that influence the …

The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner

Scholarly Articles

This is an essay, not a history, on the first fifty years of the Catholic University Law Review. When an enterprise survives that long, it is cause for acknowledgment and celebration. This seems especially appropriate for the Law Review when we consider that it is managed by amateurs, relies on volunteer labor, and changes leadership every year; yet, it has grown and matured into a respectable scholarly journal. There is reason to wonder from where the Law Review has come, what it has accomplished, and how and where it is going. There is reason, too, to reminisce over half a …

Taking It Personally: The Role Of Memoirs In Teacher Education, Sharon A. Hollander

Electronic Journal for Inclusive Education

The current popularity of memoirs and book groups is a cue to education faculty. When complemented by discussion groups and writing assignments, memoirs can be used to facilitate the process of inclusion in the schools by teaching both general and special educators about children with disabilities and their families. These works can also promote quality reading and writing, inspire original and insightful responses from students, and foster a sense of community in class. Some advantages and previous applications of this method are described and recommendations for implementation are made.

Faces Of The Holocaust: A Curriculum Guide For Teachers, Challon Roberts, Thomas S. Martin

Dayton Holocaust Resource Center Publications

"Faces ofthe Holocaust" is a unique series of fifteen videotapes created expressly as a classroom resource and curriculum supplement. I began to record these one-of-a-kind stories in 1985 with Wright State University Television Center Initially, there were nine interviews over a three year period, which included painstaking editing. The second part of the series was filmed in 1995, the fiftieth year of liberation, with interviews of five more liberators and one more survivor. The series was directed by K. Roland Knight of Wright State University Television Center. Dr. Thomas Martin and Challon Roberts assisted me in the editing process.

Pictures …

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price

Faculty Articles

This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …

Let The Crawlers Crawl: On Virtual Gatekeepers And The Right To Exclude Indexing, Niva Elkin-Koren

University of Dayton Law Review

Symposium: Copyright's Balance in an Internet World

The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.

Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry

Journal of Criminal Law and Criminology

No abstract provided.

The Mature Minor Doctrine: Do Adolescents Have The Right To Die ?, Ann Eileen Driggs

Health Matrix: The Journal of Law-Medicine

No abstract provided.

My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins

Richmond Journal of Law & Technology

Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …

Confronting The Reluctant Accomplice, John G. Douglass

Law Faculty Publications

The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …

Play Patterns And Gender, Carolyn P. Edwards, Lisa Knoche, Asiye Kumru

Department of Psychology: Faculty Publications

This cross-cultural analysis examines the gendered patterns of play seen in children worldwide. Play is a culturally universal activity through which children explore themselves and their environment, test out and practice different social roles, and learn to interact with other children and adults. Early in life, children identify themselves as a “girl” or a “boy,” and this basic self-categorization lays a foundation for their developing beliefs about with whom, what, how, and where they will play. Children play an active role in their own and their peers’ “gender socialization” (the process by which they come to acquire the knowledge, values, …

Reinventing Labor Law For The Global Economy: The Benjamin Aaron Lecture, Harry W. Arthurs

Articles & Book Chapters

No abstract provided.

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.

Confession, Coercion, Procedural Error And The Juror, Kimberly Anne Jenkins Coffman

UNF Graduate Theses and Dissertations

The current research examined whether mock jurors make differential assessments of guilt of defendants based on inclusion or exclusion of confession evidence and type of coercion to determine if jurors' behavioral reactions to confession evidence could be predicted. Hypotheses addressed effects of various factors on jurors' decisions of verdicts regarding defendants' guilt or innocence and their certainty of these verdicts: inclusion of confession evidence, type of coercion used in obtaining confessions, admissible or inadmissible presentation of confession evidence, and influence of potential predictor variables. Predictor variables assessed included participants' Belief in a Just World, Spheres of Control, New Authoritarianism, and …

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Job Satisfaction Among Psychologists In A Managed-Care Environment, Walter R. Vyhmeister

Dissertations

The problem. The efforts of managed care to balance resources, cost, and quality of services have created new issues among mental health professionals, affecting their careers and having the potential to affect their job satisfaction. Therefore, the purpose of the study was to investigate how managed care has impacted career satisfaction among professional psychologists.

The method. The present investigation examined 21 factors in the prediction of job satisfaction among licensed psychologists. A sample of 1,000 licensed psychologists located in California, Oregon, and Washington was randomly selected from the National Register of Health Service Providers in Psychology. Three hundred seventeen participants …

Dependency, Taxes, And Alternative Families, Patricia A. Cain

Faculty Publications

No abstract provided.

The Fatherhood Of God: An Exegetical Study From The Hebrew Scriptures, David Russell Tasker

Dissertations

The purpose of this dissertation is to develop a theology of the fatherhood of God from the Hebrew Scriptures. Although many studies have explored the topic from the perspective of other disciplines, the actual theology of God's fatherhood, as revealed in the Hebrew Scriptures, has been neglected until now. This has resulted in the dichotomization between the concept of God as presented in the so-called Old and New Testaments.

Because of the tendency to explain God through the lenses of Greek and Roman mythology, chapter 1 surveys ANE thought, showing that the fatherhood of god concept goes back a lot …

The Effectiveness Of Cooperative Learning Teams Using The Bcubetm Process, C. Vincent Anderson

Dissertations

Problem. Cooperative learning is attempted by placing students in group learning situations in which they receive assignments without a structured group or team-formation process. This study evaluated the effectiveness of the BcubeTM process with college students as a method of bringing together individuals of varied backgrounds to form cooperative- learning teams. In addition, the affect of the BcubeTM process on a particular learning outcome was also examined.

Method. Sixty-three Andrews University students (undergraduate and graduate) were divided into treatment and control groups. After a pretest was administered, the treatment group was given the BcubeTM process which is a method o …

Personality Profiles And Problems Related To Clergy Misconduct, Kenneth S. Brodie

Dissertations

Problem. Clergy sexual misconduct is a significant problem for the church. There are legal and financial problems, as well as damage to individuals and communities. The purpose of this study was to examine personality profiles and situational themes of ministers in treatment whose presenting problems included sexual misconduct.

Method. Inactive case files of ministers in treatment were analyzed. From the case file it was determined if the minister was involved in an intimate affair which included an emotional bond, a casual affair with no emotional bond, or was not involved in an affair. The complete MMPI-2 profile and the …

The Learning Disabled College Student : Experiencing The Hundred-Acre Wood, Frances Lowry Schander

Dissertations

Problem. Learning disabled (LD) college students are attempting college in unprecedented numbers. This study explores the experiences of four graduating college students to determine how they managed their disability in the educational environment that has provided them with much difficulty for many years.

Method. A qualitative case study design with purposive sampling was used for this study. Over 9 months, four female college students, identified as learning disabled, were interviewed. In addition, conversations were held with their parents and teachers whom the four students identified as being “helpful.” Each student’s experience in college is described and analyzed. Important themes, along …

Remedying Racial Profiling, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.