Digital Commons Network^™

On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett

Journal Articles

Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …

Troxel And The Limits Of Community, Margaret F. Brinig

Journal Articles

The Troxel grandparent-visitation case that frames this symposium, the Washington statute included in Troxel, the mercifully completed odyssey of Cuban-born Elian Gonzalez, and the "right to die" case of Hugh Finn all illustrate both the fervor with which the broader community justifies its involvement with families and the extremes to which this involvement can spread. Using constitutional language, advocates point out the rights of extended family members to continue or strengthen ties to children, whether adult or minor. On the other side, parents and spouses claim their own rights not to have outsiders second-guess or interfere with their decisions.

Though …

Trouble Preserving Paradise?, Nicole Stelle Garnett

Journal Articles

Election day 2000 was not a good day for proponents of suburban growth controls. The overwhelming initial support for initiatives that proposed state-wide growth management plans in Colorado and Arizona withered in the face of vigorous opposition campaigns. And, pro-planning forces in Oregon woke up on Wednesday morning to learn that voters had approved a little-noticed initiative amending the state constitution to require compensation for partial takings - that is, for any reduction in the fair market value of property resulting from government regulation - thus throwing into question the future of the State's widely touted model controlled-growth scheme.

These …

One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes

Journal Articles

In the spring of 1959, when I was faculty advisor of the law review (then called the Notre Dame Lawyer), and my future colleague Bob Blakey was the student associate editor, we worked together on an article called A.I.D.—An Heir of Controversy. The subject, artificial insemination from a donor, was interesting, the treatment was at once lively, rueful, and orthodox, and the conclusion was an engaging shrug of the shoulders: "Upon that note . . . your writer respectfully throws in the towel.'' The author, a graduate of Boston College Law School taking an advanced degree at New York University, …

A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett

Journal Articles

The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.

Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Wa Mutua

Journal Articles

This article critically looks at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors (SVS) construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project. It calls for the construction of a truly universal human rights corpus, one …

Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua

Journal Articles

The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.

"The Most Glorious Story Of Failure In The Business": The Studebaker-Packard Corporation And The Origins Of Erisa, James A. Wooten

Journal Articles

The Studebaker-Packard Corporation occupies a distinctive place in the lore of the Employee Retirement Income Security Act of 1974. No single event is more closely associated with ERISA than the shutdown of the Studebaker plant in South Bend, Indiana. Soon after the plant closed in December 1963, Studebaker terminated the retirement plan for hourly workers, and the plan defaulted on its obligations. The plight of Studebaker employees quickly emerged as a symbol of the need for pension reform. This article examines the history of the Studebaker-Packard Corporation to understand why and how the shutdown came to play a role in …

Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua

Contributions to Books

Published as Chapter 7 in NGOs and Human Rights: Promise and Performance, Claude E. Welch, Jr., ed.

The Human rights movement can be seen in a variety of guises. It can be seen as a movement for international justice or as a cultural project for “civilizing savage” cultures. In this chapter, I discuss a part of that movement as a crusade for a political project. International nongovernmental human rights organizations (INGOs), the small and elite collection of human rights groups based in the most powerful cultural and political capitals of the West, have arguably been the most influential component of …

Chasing Bits Across Borders, Patricia L. Bellia

Journal Articles

As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …

Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny

Journal Articles

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in …

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile

Journal Articles

In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.

For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …

Adoption And Safe Families Act : Foster Care Workers Impressions Of Implementation, Jody Goodell-Lange

Theses and Dissertations

No abstract provided.

Caring For A Patient With Multiple Sclerosis (Ms) : A Possible Design For An Effective Support Group For The Caregivers Of Ms, Keely A. Mortenson

Undergraduate Theses and Senior Projects

No abstract provided.

Trends In Indian Health 1998-99, Division Of Program Statistics, Staff Office Of Planning, Evaluation And Research, Indian Health Service.

Native Health Database Full Text

The IHS Trends in Indian Health attempts to fulfill the basic statistical information requirements of parties that are interested in the IHS. The tables and charts contained in the IHS Trends in Indian Health describe the IHS program and the health status of American Indians and Alaska Natives residing in the IHS service area.

Physics Scores As Predictors Of The Medical College Admissions Test, Isabelle D. Cherney, Michael G. Cherney

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Assessment tools used in a physics course were evaluated in terms of their predictive ability of student performance on the medical colleges admissions test (MCAT) physical sciences subtest. In particular, using regression and correlational analyses, relationships between the exams, final exam, overall semester scores, quiz scores, lab scores, paper score, and the MCAT scores on the physical sciences subtest were analyzed. The strongest correlations with the subtest scores existed with those tools that assessed analytical abilities. Specifically, the score on a comprehensive, multiple-choice final exam provided a single tool that can serve as an effective predictor of the subtest score. …

The Mind Of Christ? A Phenomenological Explication Of Personal Transformation And Cosmic Revision In Christian Converts In Western Australia, Stuart Cranford Devenish

Theses: Doctorates and Masters

Religious converts routinely report differences in the way they attribute meaning as a consequence of religious conversion. Previously known objects, events and persons are perceived differently as a result of a new plausibility structure being brought to bear. Converts experience themselves and their lives as fundamentally problematic due to their limitations in the face of seemingly insurmountable physical, moral or spiritual crises, and set out in search of a resolution to their anguished existence. The resolution comes as they encounter God, the one whom-it is thought-holds within his hands the resolution to their problem and the seeds of their transformation …

The Social Construction Of Fatherhood, Helen Le Gresley

Theses: Doctorates and Masters

The present research sought to explore the lived experience of fatherhood guided by a social constructionist perspective and Bronfenbrenner’s ecological framework (1977, 1989), by collaborating with seven Western Australian fathers on a series of multiple case conversational interviews. To ensure that the data generated from the interviews was manageable and the aims and objectives of research could be effectively facilitated by the researcher, only those fathers belonging to specific cohort, that is, fathers in an intact heterosexual, defacto or marital relationship, were sampled. The interviews were transcribed and a qualitative thematic analysis was conducted on the data. The multiple case …

The Management Of Performance By Volunteers: The Use Of Performance Feedback, Megan Paull

Theses: Doctorates and Masters

The purpose of this study was to examine the use of feedback by managers and co-ordinators of volunteers in the management of performance by volunteers. Research into the use of feedback in the paid workforce was examined extensively. Additionally, research dealing with the application of human resource management theory to volunteers is discussed. A foundation study conducted to examine the performance management practices in use with volunteers in Western Australia forms the basis for a multi-phase qualitative and quantitative examination of the topic. The perceptions of the managers and coordinators of volunteers, and the volunteers themselves about what constitutes poor …

A Critical Linguistic Analysis Of A Popular Comic Genre In Japan, Angela Rawson

Theses: Doctorates and Masters

This research will focus on the issue of power and gender in the language of Japanese comics (manga). Comics in Japan are enormously popular and are read by a wide audience. They are aimed at specific audiences and it is my argument that the language of manga helps to reinforce certain social stereotypes - particularly the inferiority of women and the dominance of males. The language of children's manga will be analyzed using the framework of Critical Discourse Analysis (CDA), which concerns itself with the relation between ideology and power in discourse. The analysis will be at various levels including …

A Socio-Historical Study Of The Construction Of Knowledge In Secondary Media Education In Western Australia - Whose Knowledge?, Robyn Quin

Theses: Doctorates and Masters

This thesis investigates the history of the construction of knowledge in the school subject media studies using the Western Australian experience as the case for the study. It seeks to explain why the subject media studies looks and sounds the way it does today through the production of a genealogy of the subject. The problems addressed are first, why was this subject introduced into the curriculum in the 1970s. Secondly, how has the knowledge in the subject been defined and contested, how and why has it changed in the course of the subject’s history. Thirdly, which knowledge attains the status …

An Investigation Into The Use Of The Internet For Medical Informatics, Patricia A. Williams

Theses: Doctorates and Masters

The rapid evolution and popularity of the Internet technologies, and the World Wide Web, have resulted in unrestricted worldwide access to medical and health information. This has provided the medical profession with the ability to access up to date research more immediately than by traditional means, and has created the potential for advanced information collation. Also the availability of medical literature, previously difficult to obtain for the general public, is having an effect that is both a benefit and a burden to the medical profession. Whilst benefits exist in the use of the Internet in General Practice for clinical support, …

Imagineering The Community: The Vagrant Spaces Of The Malls, Enclave Estates, The Filmic And The Televisual, Dennis Wood

Theses: Doctorates and Masters

The idea of 'community' is an all pervasive and persuasive notion within society. But it is an elastic concept used by diverse groups and institutions to rally people to a cause or to reassure the public in times of (perceived) calamity. Of late the various forms of the media and certain elements of society have been focussing their attention on the 'breakdown of community' values citing the (perceived) rise in crime, the (supposed) fragmentation of the family and the (hypothetical) loss of respect for authority and authority figures as contributing to an ailing communal sensibility. However, as Anderson (1983) has …

Teacher Perceptions Of Student Speech, Yvonne G. Haig

Theses: Doctorates and Masters

Although language variation is widespread and natural,it is subject to judgement. Where a standard language has developed, other varieties tend to be judged against its "standards". While a number of overseas studies have found that this type of linguistic bias occurs in education and negatively impacts on dialect speakers, there has been little research in Australia. The research reported in this thesis investigates how teachers perceive the speech of school-aged students and whether the socio-economic status or level of schooling of the students influence these perceptions. Further, it examines the relationships between the teachers' background, the way they define Standard …

Accumulated Response In Live Improvised Dance Performance, Joanna T. Pollitt

Theses: Doctorates and Masters

The response project and accompanying thesis aim to affirm the role of the dancer as an authority in revealing patterns and traces of accumulated lived experience, knowledge and ideas through the practice and performance of dance improvisation. The dancing body is investigated as a dynamical and complex system of research that is embedded in a process of continual response to the present. These bodily inscriptions and the process of active response form the seminal grounds for the physical and energetic exchange of improvised dance in performance.

Small Business Owners' Measures Of Success, Elizabeth A. Walker

Theses: Doctorates and Masters

Small business plays a significant part in the economy of all nations because of its revenue contribution and as a generator of employment. In the Australian context, small businesses account for 85% of all businesses, employ 40% of the total workforce and contribute $75 billion annually to Industry Gross Product. All of these numerical indicators highlight the financial importance of small business, which is also how small business success has traditionally been measured. These traditional success measures have been by increases in financial performance criteria, such as return on investment, turnover or profit, or by increases in number of staff.

John Smith: A Charismatic And Transformational Religious Leader, Philip B. Muston

Theses: Doctorates and Masters

John Smith is best known as the charismatic leader and president of God's Squad Motorcycle Club, which seeks to proclaim and incarnate the Christian gospel in Australian outlaw motorcycle subculture. Smith is in fact an evangelist and public figure in his own right. As well he is a teacher and social commentator whose prophetic statements and interpretation of events had an impact in his own culture and abroad. He is also a media spokesman and unofficial 'priest' for thousands who feel themselves alienated from institutional expressions of Christianity, and the pioneering founder of alternative church congregations. This biographical and theoretical …

Information Systems Development And Practice In Organisations In Sri Lanka : An In-Depth Case Study, Sunil G. Rajapaksege

Theses: Doctorates and Masters

This thesis describes an investigation of information systems development and practice in a privatised state owned enterprise (North-West Cement Company Limited or NWCL) in Sri Lanka between J95M-2000. The objectives of my study were: (1) to understand the approaches used by NWCL for information systems development; (2) to understand how these approaches relate to the organisational, socio-cultural, economic and political realities of organisations in Sri Lanka; (3) to outline a theory to better understand information systems development and practice for organisations in Sri Lanka; and (4) to make recommendations which could be used to improve information systems development and practice …

Change Of Support Correction In Mineral Resource Estimation, Marek J. Janas

Theses: Doctorates and Masters

The success of any mining operation greatly, if not entirely, depends on the accuracy of prediction of recoverable mining reserves. However, prior to mining, knowledge about the distribution of the Selective Mining Unit (SMU) is limited. The SMU represents the volume on which extraction of ore takes place and on which recoverable mining reserves are based. Realistic recoverable reserve estimates can be obtained from the grade-tonnage curve that corresponds to the unknown distribution of the SMU rather than to the distribution of exploration sample data. In general, if the reserve calculation, at the given cut-off grade, is based upon exploration …