Digital Commons Network^™

Aha? Is Creativity Possible In Legal Problem Solving And Teachable In Legal Education?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article continues and expands on my earlier project of seeking to describe how legal negotiation should be understood conceptually and undertaken behaviorally to produce better solutions to legal problems. As structured problem solving requires interests, needs and objectives identification, so too must creative solution seeking have its structure and elements in order to be effectively taught. Because research and teaching about creativity and how we think has expanded greatly since modern legal negotiation theory has been developed, it is now especially appropriate to examine how we might harness this new learning to how we might examine and teach legal …

What Courts Can Do In The Face Of The Never-Ending Asbestos Crisis, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The purpose of this article is not to argue that claimants suffering from serious asbestos-related diseases should not be compensated. To the contrary, one of the points of this article is that absent some change in the way asbestos claims are resolved, claimants who become truly sick in the future may not receive adequate compensation. Changing the current asbestos compensation system would be pro-claimant. Also, the purpose of this article is not to ascribe blame. Rather, it is to fix a problem. The judges cannot be blamed for their good intentions. Neither can the plaintiffs' attorneys be blamed for zealously …

Rights, Capabilities, And The Good Society, Robin West

Georgetown Law Faculty Publications and Other Works

In Part I this essay explores and then criticizes the two major arguments behind the conventional wisdom that rights undermine efforts to secure a state role in ensuring the material preconditions for a good society, and therefore, the material preconditions for the development of those human capabilities essential to a fully human life. I conclude in this part that this understanding of rights is mistaken. In Part II, I urge that the pragmatic argument put forward by rights critics and some welfare advocates for forgoing rights-talk and rights-rhetoric also fails: there are very real costs, both in theory and in …

"Parabola And Parable" In The Zone Of Thomas Pynchon's Gravity's Rainbow, Brian D. Zindel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Old Maps" And "New Roads"| Confronting Neocolonial Despair In Sherman Alexie's "Reservation Blues", Matthew R. Burkhart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Intensive Salvage Logging On Rocky Mountain Elk At The Starkey Experimental Forest And Range, Jennifer Morgan Rinehart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Collection Development In The New Millennium–Evaluating, Selecting, Annotating, Organizing For Ease Of Access, Reevaluating, And Updating Electronic Resources, Virginia A. Baldwin

University of Nebraska-Lincoln Libraries: Faculty Publications

The literature of the early 1990s suggested changes in the structure of collection management itself in order to accommodate the changes both now occurring and those foreseen. Sheila Creth wrote in 1991 "Until recently, the primary focus of collection development has been on building collections." She outlined the functions of collection management in academic libraries to include: selection of materials, weeding, preservation, liaison with faculty and academic departments, reference and user education, fiscal responsibility, and policy development. Creth saw the necessity for a basic change in the library’s organization structure. "According to the principles of organizational design, the traditional structure …

Learning Styles: Teaching Technology Subjects Can Be More Effective, Ronald I. Sutliff, Virginia A. Baldwin

University of Nebraska-Lincoln Libraries: Faculty Publications

Learning style theory has been developed and applied in various curricula for all levels of education. Kolb (1985) developed one particular method of assessing student learning style. The use of this method has been documented in the engineering and technology programs of several universities. Variations in learning style due to cultural diversity have been studied and are described in the literature.

This article describes and recommends the use of learning style theory to assess individual learning styles in the classroom and the use of teaching methods to accommodate various learning styles. Sutliff (one of the authors) administered the Learning Style …

Conservation Preservation And Restoration Plan For The Alta Ski Area Alta Utah U.S.A., Rebecca F. Lawrence

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Stevensville High School Transcript Study For The Class Of 2000 Stevensville Montana Usa, Michael J. Kincaid

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Exploration Characterization And Analysis Of An Economically Viable Brick-Clay Deposit In Montana, Geoffrey E. Gilbert

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Developmental Process Of Criminality, Allison M. Hupp

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

The Effects Of Individual Factors On Punitive Attitudes Toward Juvenile Offenders, Jennifer Keely Mac Connell

Dissertations and Theses @ UNI

The purpose of the present study was to examine the relationship between individual factors and punitive attitudes toward juvenile offenders. The individual factors examined were attributional style, authoritarianism, anxiety, self-esteem, the Five-Factor model of personality, and gender. It was hypothesized that possessing a punitive attributional style, maintaining authoritarian beliefs, and being male would predict punitive attitudes toward adolescent offenders. I also examined the effects of age of the offender and severity of the crime on attributions and punishment decisions. College students (N = 185) at a Midwestern university completed questionnaire packets in partial fulfillment of their introductory psychology course requirements. …

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …

May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer

Scholarly Articles

The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.

The Business Of Running A Law School, John H. Garvey

Scholarly Articles

I confess that as a faculty member I gave little thought to the business of running a law school. Deans do not have that luxury. Someone has to pay attention to things like the budget, payroll, physical plant, purchasing, admissions, career services, and (most important of all) the kind and quality of service that we provide to students in the classroom. Stated abstractly, we are a nonprofit business that provides a service to about 800 customers each year, and we, like all businesses, have to balance our books. From a business point of view the most interesting challenge we face …

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 …

The Rejection Of The Manege Tradition In Early Modern England: "Equestrian Elegance At Odds With English Sporting Tradition", Elizabeth Pope Simmons

UNF Graduate Theses and Dissertations

Renaissance creativity and obsession with classical traditions spawned a new form of horsemanship called the manege in sixteenth-century Europe. This study deals with England's rejection of the courtly horsemanship despite the dismal state of the nation's equestrian affairs. Tudor and Stuart monarchs utilized royal influence to attempt change - from legislative refmms to the horses - but no specific monarchical effort proved immediately effective. The significance of royal influence is seen in the continued importation of quality stock and in royal support for equestrian-related sports. Both enriched equine bloodlines and promoted the development of sporting tradition in England. While, with …

Corba: A Quantitative And Qualitative Comparison Of Industrial Strength, Commercial Corba Orbs For The Java Platform, Michelle Leigh Mckeller

UNF Graduate Theses and Dissertations

In distributed systems design, middleware is a key component. Middleware establishes the communication between a client and server in a multi-tiered architecture. One approach to middleware is implementing the OMG's CORBA standard, through the use of ORBs. Three of the more popular commercially available ORBs are Sun's Java 2 ORB, Borland's VisiBroker for Java, and IONA's Orbix 2000 for Java. The purpose of this graduate project was to compare the three ORBs both quantitatively and qualitatively. The project compares the ORBs quantitatively by measuring the performance of each ORB, in terms of response time. The comparison was done qualitatively by …

Effect Of Strength Training And Other Activities On Physical Self-Concept Of Females, Denise Cooksley Glew

Dissertations and Theses @ UNI

The past few years have seen an increased interest in the psychological benefits of exercise. The personality factor of self-concept typically remains relatively stable throughout adulthood unless a person's life experiences cause it to change. Physical self-concept, a dimension of self-concept, deals with how an individual views themselves and has been found to be affected by exercise. The purpose of this study was to investigate the effect of strength training on the physical self-concept of female college students. The study used a pretest, post-test, quasi-experimental design. The Physical Self-Concept Subscale of the Tennessee Self-Concept Scale was used to measure physical …

The Effect Of Backpack Carrying On The Gait Of Young Children, San Fan Ng

Dissertations and Theses @ UNI

The purpose of the study was to investigate the gait characteristics in young females while carrying five different weights of backpack. It was hypothesized that the gait patterns would be changed and the magnitude of the changes would rise with increasing load level.

Subjects were 24 girls aged 9-11 years. The backpacks weighed 0, 2.1, 4.1, 6.1 and 8.1 kg. The study utilized a Motion Analysis System. A force plate was fixed in the middle of the test site. Four high speed cameras were positioned on one side of the force plate. Each subject carried five different weights in sequence, …

Leisure Participation And Life Satisfaction Among Middle-Aged And Elderly Urban Chinese People, Jin Ye

Dissertations and Theses @ UNI

Society has entered a new millennium where quality of life is receiving more attention than ever before. In China, with the rapidly developing economy, the need for improving the quality of life has also increased. Research has shown that leisure can contribute to quality of life issues. It is very important to understand the characteristics of leisure participation and life satisfaction among middle-aged and elderly Chinese people. This can help leisure professionals to develop suitable leisure programs and improve the life satisfaction of Chinese.

One hundred fifty subjects (69 males and 81 females) living in China participated in this study. …

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 …

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 …