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2001

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Justice For The "Forgotten Victims": U.S. Survivors Of The Holocaust, Hon. Delissa A. Ridgeway Jan 2001

Justice For The "Forgotten Victims": U.S. Survivors Of The Holocaust, Hon. Delissa A. Ridgeway

Journal of Law and Policy

No abstract provided.

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Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling Jan 2001

Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling

Journal of Law and Policy

No abstract provided.

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Court Fixing, Tracey E. George Jan 2001

Court Fixing, Tracey E. George

Vanderbilt Law School Faculty Publications

This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic experience on judges. Researchers have not focused much attention on the importance of a judge's background as a full-time law professor and legal scholar, although more than thirteen percent of courts of appeals appointees were former law professors. Franklin Roosevelt and Ronald Reagan both viewed the federal judiciary (particularly the Supreme Court and the Courts of Appeals) as integral to their policy agendas, and both further believed that …

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Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones Jan 2001

Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article appears in a special issue of the Brooklyn Law Review on DNA: Lessons from the Past - Problems for the Future. It first addresses why law needs insights from behavioral biology, and then identifies and responds to a variety of structural and conceptual barriers to such evolutionary analysis in law.

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The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi Jan 2001

The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …

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Too Clever By Half: The Problem With Novelty In Constitutional Law, Suzanna Sherry Jan 2001

Too Clever By Half: The Problem With Novelty In Constitutional Law, Suzanna Sherry

Vanderbilt Law School Faculty Publications

As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism and the Sense of Difficulty", 95 NW. U. L. Rev. 845 (2001) ] Indeed, one might say that reconciling judicial review and democratic institutions is the goal of almost every major constitutional scholar writing today, including Bennett himself. I have suggested elsewhere that scholars as diverse as Richard Epstein, Antonin Scalia, and Robert Bork on the one hand, and Akhil Amar, Bruce Ackerman, and Ronald Dworkin on the other, are all motivated by a desire to …

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Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor Jan 2001

Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor

Vanderbilt Law School Faculty Publications

The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach peak effectiveness unless it is built on a sound behavioral model, and no model of human nature is ultimately sound unless it is consistent with the insights from behavioral biology. And the beauty of behavioral biology, for one who uses behavioral models, is that it tells us something about human tastes, preferences, and cognitive biases and limitations.

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The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie Jan 2001

The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie

Vanderbilt Law School Faculty Publications

Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes both facilitation and evaluation, a vocal group of purist critics rejects Riskin's pluralist view of mediation on normative grounds. These purist critics -- including such prominent mediator-scholars as Professors Kim Kovach, Lela Love," and Josh Stulberg -- argue that mediation is in fact, and should be, solely a facilitative process "designed to capture the parties' insights, imagination, and ideas that help them to participate in identifying and shaping their preferred outcomes." For …

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An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye Jan 2001

An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye

Theses and Dissertations

This research study examined the effect of the Freirean Theory of Education on one alternative secondary education program for at-risk students in Salvador da Bahia, Brazil. The learning theory, curriculum, and instructional methods were examined to determine the extent of the influence of Paulo Freire's Theory of Education, the extent of practice, and the extent to which faculty, students, and community members think it should be practiced. From this research, lessons were abstracted for use in schools in the United States. Brazil was chosen because of its shared history with the United States of slavery, colonialism, and oppression of people …

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Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner Jan 2001

Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner

Theses and Dissertations

Interdisciplinary care is a method of providing patient care that incorporates the efforts of various health care providers. Studies show this approach can improve patient care and decrease overall costs to the healthcare system. Despite the evidence for the benefits of interdisciplinary care, there are no well-defined models for training students during their didactic years to become members of an interdisciplinary team. This study determines the attitudes of administrators of professional schools toward interdisciplinary education, identifies perceived barriers to interdisciplinary education, examines the extent to which interdisciplinary education is occurring at academic health center campuses, and identifies the courses that …

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The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung Jan 2001

The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung

Lingnan Theses

This research examined the influence of work status on attitudes and work outcomes. The two attitudes of perception of psychological contract violations, (violation of employment promise by employers) and fairness perception (fair treatment at work) were studied. This research examined the relationship between attitudes and work outcomes (organizational commitment, e.g. loyalty; organizational citizenship behavior, voluntary action done by employees for the sake of organizations and turnover intention). Individuals with family responsibility are attracted to work part-time voluntarily. Corporate downsizing has often forced individuals to go into part-time work involuntarily. Voluntary and involuntary work status had moderating effects on attitudes and …

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City Of Edmond V. Robinson: The Coercion-Standing Test-A New Approach To Religious Symbols Under The Establishment Clause?, David S. Hill Jan 2001

City Of Edmond V. Robinson: The Coercion-Standing Test-A New Approach To Religious Symbols Under The Establishment Clause?, David S. Hill

Utah Law Review

Establishment Clause jurisprudence is fraught with a myriad of competing philosophies and intricate tests. Among commentators, judges, and lawyers, no one is completely satisfied with any of the approaches created thus far. Such conflict and complexity invites the temptation to simplify matters by employing more heavy-handed approaches aimed at displacing ambiguities with absolutes, or refusing to address them at all. However, when dealing with a sensitive topic like religious liberty, more sensitive tools must be used. The imperfection of the endorsement test may not always yield the best results, but it does address many of the viable constitutional concerns inherent …

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Dual Citizenship And Forced Marriages, Alison Symington Jan 2001

Dual Citizenship And Forced Marriages, Alison Symington

Dalhousie Journal of Legal Studies

This paper examines the phenomenon of forced marriage and how the international law on diplomatic protection and domestic citizenship laws interact to prevent young women from receiving help because of their status as dual nationals. The evolution of international law and the rise of human rights are considered, the author contesting international rules preventing the United Kingdom from attempting to assist its nationals who are abducted to South Asia for the purposes of forced marriage. This paper demonstrates how in complex situations involving power, gender, culture and politics, law is better understood as a struggle over meaning than as a …

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A Clean & Healthy Environment: The Barriers & Limitations Of This Emerging Human Right, Erin Eacott Jan 2001

A Clean & Healthy Environment: The Barriers & Limitations Of This Emerging Human Right, Erin Eacott

Dalhousie Journal of Legal Studies

A human right to a healthy environment needs to be advocated by states, non-government organisations and the public. It can be argued that a human right to a healthy environment has slowly been emerging in international law over the past 20 years, but whether this right will ever become solidified in international law is not yet clear. A human right to a healthy environment needs to be advocated because it is an essential prerequisite to the fulfillment of many fundamental human rights, such as the rights to life, culture, liberty and security of the person, and an adequate standard of …

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And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow Jan 2001

And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The papers presented in this Dialogue raise very important and moving questions about the relationship of spirituality, moral values, and religion to the practice of law generally, and the practice of conflict resolution specifically. In this Commentary, I want to focus on two related questions: First, where do our moral values, spirituality, and sense of communion or connection come from? And second, how do values derived from various sources of secular humanism inform our practices? For some of us, organized religion is not the primary source of our commitment to the "moral" values that inform our legal and conflict resolution …

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Provocateurs For Justice, Jane H. Aiken Jan 2001

Provocateurs For Justice, Jane H. Aiken

Clinical Law Review

Clinical legal education offers unique opportunities to inspire law students to commit to justice. Merely providing a justice experience is not enough. We must provoke a desire to do justice in our students. As provocateurs, we determine where our students are in the developmental process toward "justice readiness." This article outlines those developmental stages and suggests interventions to assist students in their transition from stage to stage. Being "justice ready" requires sensitivity to the ways in which assumptions color all aspects of our cases. The article closes with suggestions and examples of how to critically reflect on assumptions that hinder …

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Unbundling And Law School Clinics: Where's The Pedagogy?, Mary Helen Mcneal Jan 2001

Unbundling And Law School Clinics: Where's The Pedagogy?, Mary Helen Mcneal

Clinical Law Review

This article explores unbundling, also known as discrete task assistance and limited legal assistance, and the role it might play in a law school clinical program. After defining unbundled legal services, examples of which include pro se clinics, hotlines, and community education programs, the article outlines the advantages and disadvantages of such services offered on behalf of low- and moderate- income clients. The article then outlines the pedagogical disadvantages of providing unbundled legal services in law school clinics, which include limited skill development and the risk that law students will accept dual standards of representation for rich and poor clients. …

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Building Bridges, Building Walls: Collaboration Between Lawyers And Social Workers In A Domestic Violence Clinic And Issues Of Client Confidentiality, Jacqueline St. Joan Jan 2001

Building Bridges, Building Walls: Collaboration Between Lawyers And Social Workers In A Domestic Violence Clinic And Issues Of Client Confidentiality, Jacqueline St. Joan

Clinical Law Review

This article is the first in a series that examines the experience and impact on clients, students, and cases of lawyer, social worker and researcher collaboration in an interdisciplinary domestic violence clinic and the ethical challenges that such a design creates. After describing the collaborative structure of this particular clinic design, the author summarizes the reports of students and faculty about interdisciplinary collaboration, and makes suggestions for improvement in collaborative service delivery. The article reviews the current literature on interdisciplinary legal collaboration and evaluates alternative solutions to confidentiality dilemmas, and proposes the use of a confidentiality wall as a means …

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A Comparison Of Selected Physical Fitness And Performance Variables Between Division I And Division Ii Football Players, Marcus Garstecki Jan 2001

A Comparison Of Selected Physical Fitness And Performance Variables Between Division I And Division Ii Football Players, Marcus Garstecki

Student Work

The purpose of this study was to compare select physical fitness and performance variables between Division I and Division II football players and determine if there is a significant difference in the performance variables of the athletes at these levels. The subjects included offensive and defensive starters, excluding kickers and punters, from 26 NCAA Division I teams and 23 NCAA Division II teams. Offensive players were divided into the following positions: quarterbacks, running backs, wide receivers, tight ends, and offensive line. The defensive players were divided into the following positions: defensive line, linebackers, and defensive backs. Division I athletes were …

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The Legend Of Legacy Of Fawn Brodie, Louis Midgley Jan 2001

The Legend Of Legacy Of Fawn Brodie, Louis Midgley

Review of Books on the Book of Mormon 1989–2011

Review of Fawn McKay Brodie: A Biographer's Life (1999), by Newell G. Bringhurst

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Measurement Of Physical Discipline Practices: Is It Potato Or Potata? Tomato Or Tomata? Or, Should We Call The Whole Thing Off? An Analysis Of The Different Measures Of Physical Discipline On The Intergenerational Transmission Of Violence Hypotheses, Jeremy D. Ball Jan 2001

Measurement Of Physical Discipline Practices: Is It Potato Or Potata? Tomato Or Tomata? Or, Should We Call The Whole Thing Off? An Analysis Of The Different Measures Of Physical Discipline On The Intergenerational Transmission Of Violence Hypotheses, Jeremy D. Ball

Student Work

The intergenerational transmission of violence hypothesis has been stated in four general ways: “abuse breeds abuse,” “abuse breeds crime,” “abuse breeds violent crime,” and “abuse breeds a life of crime.” Scholars have disagreed as to whether abuse is a dichotomous concept or not- that is, abuse or no abuse. Some researchers have suggested that abuse is on a continuum of severity and frequency of physical discipline ranging from a slap or a spank to the more violent abusive practices such as beatings and burnings. The current study examines the intergenerational transmission of violence hypotheses using this broader concept. The question …

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The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.

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Evaluating Hungary's Mixed-Member Electoral System, Kenneth Benoit Jan 2001

Evaluating Hungary's Mixed-Member Electoral System, Kenneth Benoit

Research Collection School of Social Sciences

The electoral system adopted by Hungary in 1989 represents a monument to the potential for institutional design through bargaining to produce complex yet stable institutions. The key compromise reached during this bargaining process was the decision to use a mixed-member system, electing a roughly even number of representatives from both majoritarian single-seat districts (SSDs) and from multi-seat, list proportional representation (PR) districts. This decision established Eastern Europe's first mixed-member electoral system, a format that was to become common in post-communist electoral systems. In its ten-year existence, Hungary's mixed-member system has operated in three elections and seen three different governments come …

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Human Rights In Administrative Proceedings: A Quest For Appropriate Evidentiary Standards, Emanuel Gross Jan 2001

Human Rights In Administrative Proceedings: A Quest For Appropriate Evidentiary Standards, Emanuel Gross

California Western International Law Journal

No abstract provided.

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The Jehovah's Witnesses Case: Testing The 1997 Law "On Freedom Of Conscience And Religious Associations" And The Russian Legal Process, Charlotte Wallace Jan 2001

The Jehovah's Witnesses Case: Testing The 1997 Law "On Freedom Of Conscience And Religious Associations" And The Russian Legal Process, Charlotte Wallace

California Western International Law Journal

No abstract provided.

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Public Perceptions Of The Midwest's Pavements: Explaining The Relationship Between Pavement Quality And Driver Satisfaction, James K. Giese, Robert J. Griffin, David Kuemmel Jan 2001

Public Perceptions Of The Midwest's Pavements: Explaining The Relationship Between Pavement Quality And Driver Satisfaction, James K. Giese, Robert J. Griffin, David Kuemmel

College of Communication Faculty Research and Publications

A three-phase study involving focus groups and sample surveys was conducted in three Midwestern states to assess the amount of satisfaction that motorists who drive on rural, two-lane state highways have with the pavement characteristics of those highways and to explain the relationship between the actual physical condition of the pavements and motorists' satisfaction. Consistently in each state, the direct relationship between pavement quality and driver satisfaction was mediated by cognitive structure—a set of five specific beliefs motorists have about the pavement. The part of the study that (a) applies a powerful psychological model to the task of …

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$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez Jan 2001

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

Articles

No abstract provided.

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Self-Disclosure, Clara E. Hill, Sarah Knox Jan 2001

Self-Disclosure, Clara E. Hill, Sarah Knox

College of Education Faculty Research and Publications

A review of the analog literature about therapist self-disclosure suggests that nonclients generally have positive perceptions of therapist self-disclosures. A review of the naturalistic psychotherapy literature indicates that therapist self-disclosure occurs infrequently, is used more often by humanistic-experiential than psychoanalytic therapists, is most often about professional background than about intimate personal details, is used for many different reasons, is used cautiously by therapists, and is helpful in the immediate process of therapy. Effects of therapist self-disclosure on the ultimate outcome of therapy are less clear. Limitations of the research (poor and inconsistent definitions and lack of a clinically appropriate methodology …

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Ndsu Magazine : Spring 2001 Jan 2001

Ndsu Magazine : Spring 2001

NDSU Magazine

No abstract provided.

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Gender And Nonfinancial Matters In The Ali Principles Of The Law Of Family Dissolution, Katharine B. Silbaugh Jan 2001

Gender And Nonfinancial Matters In The Ali Principles Of The Law Of Family Dissolution, Katharine B. Silbaugh

Faculty Scholarship

The question for this issue is gender issues in the American Law Institute’s Principles of the Law of Family Dissolution. Overall, the Principles are an impressive effort to create clarity and coherence, given the disorganized and evolving state of family law. This commentary raises a few questions about the Principles’ treatment of nonfinancial issues, and suggests that this treatment should raise concerns about women’s interests upon divorce. First, I will briefly review the ALI’s position on nonfinancial matters. Second, I will discuss why the limitation to financial losses should matter to women; that is, I will investigate the costs of …

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