Digital Commons Network^™

On The Grounds Of Globalization: A Topography For Feminist Political Engagement, Cindi Katz

Publications and Research

Globalization is nothing new. Global trade has been going on for millennia—though what constitutes the "globe" has expanded dramatically in that time. And trade is nothing if not cultural exchange, the narrow distinctions between the economic and the cultural having long been rendered obsolete. Moreover, our forbears, like us, were great "miscegenators." If here I gloss the racialized and gendered violence often associated with miscegenation, I do so strategically to note that all recourse to purity, indigeneity, or aboriginality—however useful strategically—should be subject to at least as much scrutiny as the easy romance with hybridity (see Mitchell 1997). Globalization has …

Private Choices And Public Law Richard A. Posner's Contributions To Family Law And Policy, Ben Depoorter, Francesco Parisi

Faculty Scholarship

No abstract provided.

From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams

Faculty Scholarship

No abstract provided.

Agrammatic Verb Errors In Spanish Speakers And Their Normal Discourse Correlates, Jose G. Centeno, Loraine Obler

Publications and Research

Agrammatic verb errors are characterized by a reliance on simple verb forms without elaborated inflectional markings. Yet agrammatism studies on verbs have not addressed the possible correlations that might exist between pre-morbid verb use patterns and agrammatic verb production, especially frequency in oral discourse. Spanish, a language with a highly inflected verb system, is a useful context to explore this interaction. This study investigated agrammatic and normal verb use for those Spanish verb tenses found in daily conversation (Silva-Corval/m, 1983; Bentivoglio and Sedano, 1992). We analyzed agrammatic verb performance in spoken discourse and a sentence repetition task, and compared it …

Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr

Faculty Scholarship

This paper takes a historical approach to the depictions of African-Americans in television in the five decades since the 1950s and links those images to the changing roles and perceptions of African-Americans in society. Part I discusses the various television shows from the 1950s to the 1990s that featured African-Americans and have had a societal impact. Part II analyzes the chicken/egg relationship between networks and advertisers and asks whether television, given the economic forces affecting it, can be used as a force for change. Part III explores how these television images have affected foreigners and children. Television remains "without a …

Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore

Faculty Scholarship

This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases …

The Uniform Mediation Act: To The Spoiled Go The Privileges, Scott H. Hughes

Faculty Scholarship

The Uniform Mediation Act, as currently written and approved by NCCUSL, may unnecessarily cause the destruction of self-determination in many cases. The provisions demonstrate favoritism for mediators and may result in damage to the integrity of the process. Further, the nature of the provisions restricting the parties access to the exceptions to the privilege may both increase the number of lawsuits against mediators and also encourage wrongful behavior on the part of disputants. None of this will ultimately inure to the benefit of mediation as an institution. If it is necessary to have a privilege for mediation, certain elements should …

The Context Of Recovery: Individual Experiences Of Recovery From Work-Related Trauma, Sally Edmondson

Theses: Doctorates and Masters

In this study the recovery experiences of individuals with posttraumatic stress disorder (PTSD) due to a work-related trauma was investigated. The aim of the study was to explore individual experiences within an ecological framework in order to develop a clearer understanding of the significance of contextual factors. The study utilised a multiple case methodology and data was analysed using the qualitative method of focused conceptual development. Participants were four males and one female ranging in age from 37 to 57 years and two female key informants who had four and seven years of experience of working with stress claims in …

Relationship Between Early Development Of Spelling And Reading, Lorraine S. Hammond

Theses: Doctorates and Masters

The research reported in this thesis examined the relationship between beginning spelling and reading. More specifically, it focussed on the relationship between the development of early reading and spelling in a context where the approach to early reading instruction includes systematic phonological awareness and decoding instruction. A critical assumption made by proponents of developmental early literacy models is that transfer of skills and knowledge from reading to spelling will occur spontaneously and without formal instruction (Frith, 1980). By contrast instruction-centred approaches make the assumption that there are critical pre-requisite skills that can and should be taught explicitly (Carnine, Silbert & …

Genetic Variation And Disease In The Roma (Gypsies), David J. Gresham

Theses: Doctorates and Masters

The Roma (Gypsies) are a European people composed of a mosaic of culturally heterogeneous populations. Linguistic analyses point to their origins in the Indian subcontinent. Cultural diversity in extant Romani populations suggests that they are descended from a mixture of Indian populations. Previous population genetic studies of the Roma have supported this claim by demonstrating the genetic heterogeneity of Romani populations. More recently, medical genetic research has detected identical founder mutations in separated Romani populations, which provides evidence of their relatedness. In this thesis, the genetic heritage of the Roma and its significance for genetic disease and research is investigated. …

Coping Responses Among Aged Home Health Care Clients : A Qualitative Study, Bobbie Kay Grother

Dissertations and Theses @ UNI

As people age, they are faced with roles and activities that challenge their intellectual or physical capabilities. People, however, are pragmatic by nature; they seek to use what "works" when faced with predicaments that test their mettle. The purpose of this research has been to understand how aged home health care clients try to maintain valued selves in the face of their declining functional abilities. Data were drawn from qualitative methodological techniques (e.g., participant observation, observational data, and unstructured interviews). In order to provide some structure to this data, a theoretical orientation grounded in symbolic interaction was used in lieu …

Japanese Women With A U.S. Education: Lives In Japan After A U.S. Sojourn, Yukiko Ebara

Dissertations and Theses @ UNI

The purpose of this study is to examine Japanese women's experiences, to interpret the data within a feminist and sociological framework, and, finally, to develop a theoretical understanding of Japanese women who have studied in the United States, and returned to Japan. Unlike groups in the majority of earlier studies, these women are neither children of Japanese corporate employees nor their wives. They came to the United States for the sole purpose of pursuing English study or higher education. The research was conducted through qualitative research methods: a survey with open-ended questions via e-mail and telephone interviews. The data were …

The Politics Of Bush V. Gore, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Grand Perspectives On Evidence Law, Roger C. Park

Faculty Scholarship

No abstract provided.

Teaching The Origins Controversy: Science, Or Religion, Or Speech?, David K. Dewolf, Stephen C. Meyer, Mark Edward Deforrest

Utah Law Review

One can hardly imagine a more contentious issue in the American culture wars than the debate over how biological origins should be taught in the public schools. On the one hand, the National Academy of Sciences, the National Center for Science Education, and the American Civil Liberties Union have insisted that any departure from a strictly Darwinian approach to the issue constitutes an attack on science itself, and even an unconstitutional intrusion of religion into the public school science curriculum. On the other hand, many parents and religious activists have long rebelled against what they perceive as a dogmatic attack …

Tribute: Justice I. Daniel Stewart, Richard Cameron Blake

Utah Law Review

The curtain is now closed on Justice Stewart's remarkable performance on the Utah Supreme Court stage, opening the door for him to pursue other interests and influence the law in other ways. As is to be expected, his Court performance will be remembered differently by different people. Many will remember him as the "Thorough" (meaning "Slow") Justice; just as he went through ten drafts of discovery questions, he was famous at the Court for going through dozens of opinion drafts (fifty-one drafts is purportedly his maximum). One attorney approached me one day during my clerkship and said, "Tell the Judge …

The Right To Genetic Privacy? Are We Unlocking The Secrets Of The Human Genome Only To Risk Insurance And Employment Discrimination?, Nathalie Smith

Utah Law Review

Imagine the following: you are a healthy middle-aged adult. Breast, ovarian, or prostate cancer runs in your family. Knowing of your potential increased susceptibility to these diseases, your physician recommends that you participate in an ongoing, local research project. As your physician explains, the research project, which encourages enrollment of high-risk individuals and their families, bases participation on those with family histories such as yours. Upon enrollment, the research project uses a DNA based genetic test to detect the mutated gene' that increases your likelihood of developing the tested-for disease by eighty percent. Your physician is careful to point out …

Beyond Personhood And Autonomy: Moral Theory And The Premises Of Privacy, Aaron J. Rappaport

Utah Law Review

This Article constitutes a challenge to the view that the Court's privacy jurisprudence is unprincipled and incoherent. My claim, in contrast, is that the jurisprudence has a core logic. It is a logic based on a series of interlocking premises-a moral principle of perfectionism, a political premise of liberty, an institutional premise of judicial review, and a prudential concern for tradition. One who embraces all of these premises, in the way described, will have a plausible basis for believing that the Court's jurisprudence is morally justified.

Failed Markets, Failing Government, Or Both? Learning From The Unintended Consequences Of Utah Consumer Credit Law On Vulnerable Debtors, Christopher L. Peterson

Utah Law Review

Although for millennia the Western tradition looked upon the taking of interest with a jaundiced eye, consumer credit has become an integral and accepted part of the American economy. Nevertheless, throughout the twentieth century federal and state government institutions have struggled with the dual needs of facilitating creditors' business ventures and simultaneously protecting vulnerable debtors from onerous obligations.

Distrust And Discovery: The Impending Debacle In Discovery Of Rape Victims' Counseling Records In Utah, Tera Jckowski Peterson

Utah Law Review

This painful narrative may represent a dramatically commonplace monologue by a rape victim to a mental health therapist, expressing feelings of deep embarrassment, guilt, stigmatization by society, and even self-blame. In fact, rape victims' most common response to rape is the belief that they are somehow responsible for the attack. Therapists persuade rape victims to disclose this fear in order to help them heal from the psychological effects of the assault. Because of the intimate and deep damage sexual assault inflicts on its victims, "[e]ffective psychotherapy depends upon an atmosphere of confidence and trust in which the patient is willing …

Exploring Justice Courts In Utah And Three Problems Inherent In The Justice Court System, Benjamin Will Bates

Utah Law Review

Like all other courts, the justice court system in Utah is far from flawless, and brings additional unique problems into the judicial system. The "trial de novo" appeal is the source of some of those problems. As the system has recently operated, it has not been uncommon for the "trial de novo" appeal from justice courts to create large disparities between the rights of defendants injustice courts and the rights of defendants in other criminal courts. The decisions in Dean, Hudecek, and Hinson have allowed defendants taking a "trial de novo" appeal in the district court to do so on …

Youth Interrogations And The Utah Constitution, Troy L. Booher

Utah Law Review

Currently there are two approaches to determining whether youth act voluntarily to waive Miranda rights or confess to crimes, per se rules and totality tests. As they are applied, neither approach is fully adequate. Per se rules can cripple legitimate law enforcement efforts to interrogate youth by demanding that third parties become involved. Also, there is no guarantee that those who are present on behalf of youth, especially parents, will act in the best interest of youth. Moreover, some youth simply are as capable as adults of voluntarily both waiving Miranda rights and confessing to crimes, and per se rules …

The Right To Information Self-Determination, Edward J. Eberle

Utah Law Review

We have examined how the rise of the computer, and the accompanying information revolution it has triggered, can pose serious threats to human freedom. There is, accordingly, a need to safeguard the inviolability of personhood amidst this ongoing technological revolution. Determining how to respond to this challenge is a major test for the American legal system. At present, the legislative response has been inconsistent and episodic. No farreaching measures have been taken to address the needs of human security and freedom. The debate over what to do continues. Perhaps the specter of Big Brother will spur legislation more protective of …

Role Playing And Cooperative Learning In The Ais Course, Dennis F. Togo, Kristi Jane Yuthas

Business Faculty Publications and Presentations

The accounting information systems course is often viewed as difficult to teach because it contains topics that are less quantifiable and structured in comparison to courses in financial or managerial!cost accounting. Yet, many AIS instructors have developed successful teaching techniques that are suited to the AIS course. A creative teaching approach for the AIS course is that of role-playing organizations and their operations, especially for transaction cycles. In addition, cooperative learning can be nicely coupled with role playing because of their common emphases on social interdependence and shared learning. The benefits and guidelines for cooperative learning and role playing are …

Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

In 1996, the Supreme Court recognized the existence of a federal psychotherapist-patient privilege in Jaffee v. Redmond. The Court did not explain, however, how this evidentiary privilege should coexist with a psychotherapist's so-called Tarasoff duty to breach confidentiality when necessary to protect third parties against whom a patient has articulated serious threats. Jaffee included a footnote indicating that the privilege was not intended to invalidate this duty, but left unclear whether the privilege continues once disclosure of the patient's threats has breached confidentiality. Indeed, the two circuits that have considered this issue since Jaffee have adopted divergent approaches. The Tenth …

Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli

Cleveland State Law Review

My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …

Altruistically Inclined?: The Behavioral Sciences, Evolutionary Theory, And The Origins Of Reciprocity, Alexander J. Field

Faculty Book Gallery

Altruistically Inclined? examines the implications of recent research in the natural sciences for two important social scientific approaches to individual behavior: the economic/rational choice approach and the sociological/anthropological. It considers jointly two controversial and related ideas: the operation of group selection within early human evolutionary processes and the likelihood of modularity—domain-specific adaptations in our cognitive mechanisms and behavioral predispositions.

Experimental research shows that people will often cooperate in one-shot prisoner's dilemma (PD) games and reject positive offers in ultimatum games, contradicting commonly accepted notions of rationality. Upon first appearance, predispositions to behave in this fashion could not have been favored …

Mountain-Plains Consortium Annual Report 2001

UGPTI Mountain Plains Consortium Annual Reports

No abstract provided.

Criminal Prosecution For Hmo Treatment Denial, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …

Child Witnesses And Procedural Fairness, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman's Article notes that courts and lawmakers have changed procedural and evidentiary rules to protect child witnesses in child sexual abuse cases. Gershman discusses how courts apply the changed rules with careful scrutiny in an effort to ensure that the interests of the child witness and the accused defendant are appropriately balanced.