Digital Commons Network^™

The Effectiveness Of Experiential Education In Executive Development, Marlene Handley Rodenbaugh

Harold L. Hodgkinson Award for Outstanding Dissertation

This study explored the effectiveness of the Tavistock model, an experiential learning approach, in mobilizing change in the perception of authority relations of business executives as they interacted in a group relations event. A secondary goal was to test perceptions about this model as an effective executive development program. Results of prior studies on experiential learning outcomes are inconsistent, and few demonstrate that results match learning goals. This exploratory study used both quantitative and qualitative methods: Q-methodology and a questionnaire augmented by personal interviews, respectively. The results were triangulated in operationalizating the Kirkpatrick model, a widely accepted evaluation method for …

The Woman Behind The Camera: An Auteur Study Of The Films Of Dorothy Arzner, Jami Nicole Cope

Dissertations and Theses @ UNI

Dorothy Arzner was the first woman to join the Director's Guild of America and one of the only directors to amass a catalog of eighteen films. Despite the respect she managed to win in Hollywood during the 1930s and 1940s, a stylistic auteur study has never been completed of many of her films. In this thesis, I review seven of Arzner' s films to uncover her stylistic sense of direction and editing to define her status as an auteur. The opening chapter provides background information regarding Arzner' s life and a working definition of the film term "auteur." In this …

The New Social Discipline : A Critical Analysis Of Federal Drug-Free Workplace Legislation And Employee Drug Testing, Matthew T. Lammers

Dissertations and Theses @ UNI

In this research I contend that the arguments for drug-free workplaces are framed within a narrative of science that lends authenticity to the recurring themes that drug testing promotes the health, safety, and productivity of the American workforce. The sense of authenticity effectively delimits the discourse of drug testing and presents the complexities of drug abuse in binary oppositions that contribute to normalizing the behavior of all individuals, not just those who abuse drugs. I suggest that the process of normalization reproduces the delimitation of discourse and provides justifications for introducing drug testing into areas of society beyond the walls …

The Effectiveness Of Group Play And Group Counseling For Children With Aggressive Behaviors, Jennifer Marie Brehm

Dissertations and Theses @ UNI

The purpose of this study is to investigate the effectiveness of group play treatment and group counseling interventions for decreasing developmentally inappropriate aggression of children. Group play treatment and group counseling are described in relation to the aggressive behaviors of children. Efficacy of the interventions is presented based on published literature only because no significant effects were found in the study. The Systematic Screening for Behavior Disorders is also presented. The subjects are children in the first-grade and their ages ranged from 6 to 7. There are three treatment groups (i.e., a play group, a counseling group, and a control …

An Investigation Of Cooperative Consciousness-Raising As An Innovative Teaching Practice, And Of Reactions To Its Introduction Into A High School, Sahoby Solo Raharinirina

Dissertations and Theses @ UNI

The language pedagogy literature stresses the importance of the quality of second/foreign language teaching/learning in learners' acquisition, development of communicative competence, or both. The change literature equally emphasizes the importance of the quality of innovation in change audience’s resolution to reconceptualize current practices and espouse the new practice being advocated. Both literatures underline the need to use multiple research strategies in order to depict the product and process of learning and/or shifting experiences. To contribute to the educational literature in these areas, the present research incorporated two different but interrelated studies.

Study One utilized both between- and within-method approaches (Denzin, …

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.

Adolescents’ Perceived Notions About Divorce Across Cultures, Dana Lynn Holtz

Dissertations and Theses @ UNI

Adolescents' perspectives of their parents' divorce were studied to gain an understanding of the impact of parental divorce on adolescents. Subjects from three ethnicities, European-American, Latino-American, and African-American, were recruited by school counselors. Subjects were placed in homogenous groups by ethnicity and two one-and-a-half hour semi-structured focus group interviews were conducted. Interviews were audio taped and transcribed. Transcripts were evaluated by three independent readers, resulting in the identification of eight themes relating to the impact of parental divorce on subjects. Identified themes were (a) general feelings/thoughts about the idea of divorce, (b) impact of divorce on beliefs/ideas about current or …

The Peculiar Case Of State V. Terry Lynn Nichols: Are Television Cameras Really Banned From Oklahoma Criminal Proceedings?, Robert D. Nelon

Vanderbilt Journal of Entertainment & Technology Law

The truck bomb ripped into A.P. Murrah Federal Building on April 19, 1995, at 9:02 a.m. One hundred sixty-eight men, women, and children died. None knew Timothy McVeigh or Terry Lynn Nichols, nor did McVeigh and Nichols know them. In fact, Nichols was not even in Oklahoma City when the bombing occurred. He is now--occupying a special cell in the Oklahoma County Jail, awaiting trial on state charges of murder, conspiracy to commit murder, and aiding in placing a bomb near a public building.

Nichols' trip to Oklahoma City was circuitous. Initially, separate federal proceedings against McVeigh and Nichols were …

The Price Of Fame: The Celebrity Image As A Commodity And The Right Of Publicity, Ty Ford

Vanderbilt Journal of Entertainment & Technology Law

This Note will examine several recent cases that illustrate how major stars are using the ever-widening scope of such doctrines to control their images in the media. These examples show how the right of publicity has evolved from a right designed to protect a performer's uniquely personal attributes and stylings from unauthorized (and unpaid for) exploitation into a legal fortress constructed around movie-star images that allows the star to separate unwanted attention from necessary popularity. Furthermore, it will explore the inherent contradictions in such a development, showing how it can be used to manipulate and control the very peripheral industries, …

Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

Why Traditional Insurance Policies Are Not Enough: The Nature Of Potential E-Commerce Losses & Liabilities, Anna Lee

Vanderbilt Journal of Entertainment & Technology Law

There are two general categories of insurance policies: first-party policies and third-party/liability policies. First-party polices provide benefits directly to policyholders for losses suffered by the policyholders. For example, fire damage to the policyholder's plant or financial loss resulting from the interruption of the policyholder's business would be covered under the first-party insurance. Generally, these first-party losses are covered under policies such as "all risk," "named peril," "business interruption," or "expense to reduce loss" coverages. Among these various types of first-party policies, "all risk" insurance policies provide the broadest coverages.

Third-party or liability policies provide protection for claims against the policyholder …

Flag On The Play: 25 To Life For The Offense Of Murder, Sean Bukowski

Vanderbilt Journal of Entertainment & Technology Law

This Note will consider the extent to which the "professional athletic" community should add its own sanctions to those imposed by public law. First, it asks whether athletes are getting into more trouble than in the past, as it is possible that athletes are just following a trend of society, and thus are no more prone to violence than anyone else. Nevertheless, violent crime, especially that committed by role models like athletes, is especially damaging to society. Therefore, the Note then addresses why the sports leagues should care whether their athletes are committing such offenses.

It will then examine how …

Framing And Blaming In The Culture Wars: Marketing Murder Or Selling Speech?, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article uses the Pahler legal battle as a case study to examine the current culture wars that have placed the Hollywood recording and entertainment industries in the legal crosshairs of both legislative and judicial efforts to redefine popular teen culture. The first section demonstrates how the theories at issue in Pahler mirror the tactics used in the recent war against tobacco industry advertising that also allegedly targeted minors. Next, the Article situates Pahler within the context of Congressional hearings in the fall of 2000 that focused attention on the alleged Hollywood marketing of products featuring violent content to minors. …

Beyond The Blackboard: Regulating Distance Learning In Higher Education, Leslie T. Thornton

Vanderbilt Journal of Entertainment & Technology Law

It is not so surprising that traditional institutions of higher education have been relatively slower than businesses, for example, to embrace the potential of the new technologies, and have lost students to those institutions and businesses which have been more willing to change. But technology is playing an enormous role in the shape, size, and direction of education, and it's not waiting for the leaders of traditional institutions--or anyone else, for that matter--to join the club.

This Article examines the scope and impact of that role, specifically as it has developed through a new trend toward online "distance education" or …

Changing Horses In Mid-Stream: The Copyright Office's New Rule Makes Broadcasters Pay For "Streaming" Their Signals Over The Internet, Samuel Fifer, Gregory R. Naron

Vanderbilt Journal of Entertainment & Technology Law

With traditional, over-the-air broadcasts, radio stations do not have to start paying license fees to rights holders if they get a bigger transmitter or technology allows their signal to reach more listeners. That much, not even the RIAA will dispute. So why should it matter if stations use the Internet to reach additional listeners? The law shouldn't be interpreted to discourage radio stations from using new Internet technology to do the same thing they're doing now--especially since Congress itself expressly said it did not want to "[hamper] ... new technologies" or "impose new and unreasonable burdens" on broadcasters. And make …

Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither

Vanderbilt Journal of Entertainment & Technology Law

Digital samples are to rap music as precedent is to the practice of law. Lawyers, mindful of the principle of stare decisis, mine court opinions for arguments to support legal theories. Similarly, rappers use the lyrics and musical arrangements found in previously recorded works to spin out new and creative pieces. But where-as no one worries when a lawyer quotes pieces of old case law to fashion her arguments in a novel case, rappers' heavy reliance on digital sampling routinely puts their community front and center in a debate over copyright infringement...

Considering the severity of most criminal penalties for …

Cyberjacking, Mouse Trapping, And The Ftc Act: Are Federal Consumer Protection Laws Helping Or Hurting Online Consumers?, Kenneth Sanney

Vanderbilt Journal of Entertainment & Technology Law

Only the Federal Trade Commission (FTC) can bring a federal cause of action against a company whose business practices or actions deceive consumers. However, the FTC's power is limited; it can intervene on behalf of consumers only when there is a pattern of misconduct by the business that threatens the public interest. But where the scams themselves are difficult to spot, patterns may be virtually impossible to establish. Moreover, even successful FTC actions may yield little in the way of preventative or compensatory benefit for the individual user.

My aim in this Note, therefore, is to offer one possible means …

Digital Performance Royalties: Should Radio Pay?, Bruce H. Phillips, Carl R. Moore

Vanderbilt Journal of Entertainment & Technology Law

We must acknowledge that some questions remain unanswered. Have we entered an era in which record labels, recording artists, record producers, and musicians will finally earn royalties for the public performance of their creations? Will the recent Copyright Office action be a watershed development in United States copyright law? Or will the broadcasters and their well-funded and powerful lobbying arm, the NAB, prevail in the end--if not in the courts, then in Congress? The only clear answer is simply this: not if the RIAA, the record labels' own well-funded and powerful lobbying arm, has anything to do with it. It …

Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges

Law Faculty Publications

This article analyzes the question of whether arbitration of statutory claims should be classified as a mandatory or permissive subject of bargaining under the National Labor Relations Act (NLRA). First, this article reviews the post-Wright cases that hold that a union-negotiated waiver is permissible. Second, this article reviews the only decision to consider the issue of classification of the bargaining subject, Air Line Pilots Ass'n, International v. Northwest Airlines, Inc., a case arising in the United States Court of Appeals for the District of Columbia under the Railway Labor Act. In that case, the court concluded that the …

A Rationale For Classroom Listening And Speaking Instruction, Monica Gordon Pershey

Language Arts Journal of Michigan

No abstract provided.

Passivity: True Or False? Fact Or Opinion?, Lucia Elden

Language Arts Journal of Michigan

No abstract provided.

Property And Propriety In Galdós’S ​Doña Perfecta, David Laraway

Faculty Publications

One question sure to stir up a spirited discussion in any gathering of galdosistas is whether Benito Perez Galdos's Dofia Perfecta is finally able to transcend the tendentiousness of its own ideological leanings. 1 A long tradition of criticism of the novel faults its didacticism and questions whether its characters are endowed with any real depth (see Penuel 80-86). Stephen Gilman's observation that Dona Perfecta constitutes an "ideological Flatland" by comparison with the depth of Galdos's mature works nicely captures an intuition chat runs deeply among defenders and critics of the novel alike (378-79). However, a widely cited article by …

Dis-Semblances: Physiognomy And Fiction In Borges’S ​Historia Universal De La Infamia, David Laraway

Faculty Publications

Over a decade after publishing Ficciones and some six years after El Aleph made its way into print, Borges had occasion to write a new introduction to Historia universal de la infomia, his first extended exploration of the mechanisms of fictional narrative. It was, he reflected of the 1935 work, an "irresponsable juego de un timido que nose anim6 a escribir cuentos y que se distrajo en falsear y tergiversar [ ... ]. No es otra cosa que apariencia [ ... ] una superficie de imagenes" (Obras l: 291). There can be little question that, compared with Ficciones and El …

Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.

The Tulsa Race Riot Of 1921 In The Oklahona Supreme Court, Alfred L. Brophy

Oklahoma Law Review

No abstract provided.

Antitrust Excitement In The New Millennium: Microsoft, Mergers, And More, Carol B. Swanson

Oklahoma Law Review

No abstract provided.

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky

Oklahoma Law Review

No abstract provided.

Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker

Oklahoma Law Review

No abstract provided.

Family Law: Whose Kids Are They, Anyway?: Analyzing Troxel V. Granville And The Current State Of Oklahoma's Grandparent Visitation Statute, Natania M. Soto

Oklahoma Law Review

No abstract provided.

Introduction, Background, And Overview, C. Arlen Beam

Oklahoma Law Review

No abstract provided.