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2001

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The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills Jan 2001

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Articles

The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …


Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton Jan 2001

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

Articles

The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …


The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk Jan 2001

The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk

Articles

The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …


Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman Jan 2001

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

Articles

Over the past several decades and at a quickening pace, we have seen the rise of the mass tort phenomenon. The term mass tort refers to an allegation of injury by large numbers of persons due to a calamity or exposure to defectively produced foods, drugs, products implanted in the body, or improperly designed or constructed vehicles, other products, materials or structures, which is sought to be redressed by combining (aggregating) large numbers of claims sharing like issues of fact and law into a litigation against one or more defendants using such structural aggregative methods as class actions, consolidations, and …


Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld Jan 2001

Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld

Articles

The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.


Temporal Response Of The Human Visual System To Suprathreshold Luminance And Opponent Colour Contrast Gratings, Melanie Bucking Jan 2001

Temporal Response Of The Human Visual System To Suprathreshold Luminance And Opponent Colour Contrast Gratings, Melanie Bucking

Theses and Dissertations (Comprehensive)

The goal of the present study was to characterize the temporal processing of both suprathreshold luminance and opponent-colour defined contrast in the human visual system. We used a detection task in five experiments; following a 900 Hz, 2-cycle tone, observers were presented with a sinusoidal grating stimulus. The interval separating the waming tone and the presentation of the grating was manipulated to determine the influences of attentional dwell time in a cross-modal task. This theory states that the first of two successive events will interfere with the processing of the second event. In all four luminance experiments the gratings were …


Exploring The Inequalities Between Men And Women In Relation To Marriage: A Feminist Analysis Of Women In Social Work's Experiences Of Marriage, Natalie Mccormac Jan 2001

Exploring The Inequalities Between Men And Women In Relation To Marriage: A Feminist Analysis Of Women In Social Work's Experiences Of Marriage, Natalie Mccormac

Theses and Dissertations (Comprehensive)

In this thesis I explore the inequalities between men and women in relation to marriage and the impact ofexternal pressures on women and their choices within their marriages. I interviewed five married women and one woman in a common-law relationship about the story of their marriage. I used narrative analysis to interpret the verbatim transcriptions of each interview. In the findings I present portions of each woman’s story in her words along with my own interpretative comments. The findings indicated that women are experiencing indirect pressure from extemal sources within regard to their individual choices and their choices within their …


Acculturation Of Missionaries: Religious Orientation, Coping And Adjustment, Geoffrey S. Navara Jan 2001

Acculturation Of Missionaries: Religious Orientation, Coping And Adjustment, Geoffrey S. Navara

Theses and Dissertations (Comprehensive)

The focus of the present study was the acculturation process of missionaries residing in foreign countries. Combining two theoretical frameworks (religious orientations and sojourner acculturation), the study explored the relationship between the stress/adjustment model of acculturation and religious orientations. Seventy-six missionaries, posted overseas for at least one year, completed several measures, including measures of religious orientation, perceived stress, religious coping, adjustment and anxiety. It was found that quest and immanent religious orientations were negatively correlated with perceived stress while positively correlated with posting satisfaction. Intrinsic religious orientation was found to be negatively correlated with both measures of anxiety and depression. …


'Love The Sinner, Hate The Sin': Reality Or Fiction?, Scott G. Veenvliet Jan 2001

'Love The Sinner, Hate The Sin': Reality Or Fiction?, Scott G. Veenvliet

Theses and Dissertations (Comprehensive)

Do religious individuals “love the sinner, but hate the sin?” More specifically, is relatively higher intrinsic religious orientation linked to tolerant attitudes toward gays and lesbians, yet condemnation of homosexual behaviour? There have been conflicting conclusions within the relevant literature in answering this question (Batson, Floyd, Meyer, & Winner, 1999; Fisher, Derison, Polley III, Cadman, & Johnston, 1994; Fulton, Gorsuch, & Maynard, 1999). 169 undergraduate students completed several scales measuring religious orientation, church teaching of “love the sinner, hate the sin," and scales measuring attitude toward both homosexual people and homosexual behaviour. Intrinsic religion was associated with relatively less tolerance …


The Effect Of Delta9-Tetrahydrocannabinol (Thc) On The Establishment And The Expression Of Place Conditioning (Rattus Norvegicus), Robert Ernest Sorge Jan 2001

The Effect Of Delta9-Tetrahydrocannabinol (Thc) On The Establishment And The Expression Of Place Conditioning (Rattus Norvegicus), Robert Ernest Sorge

Theses and Dissertations (Comprehensive)

The place conditioning paradigm has been used to assess the antinausea potential of drugs in non-emetic animal species. The present experiments were designed to determine the potential of A9-tetrahydrocannabinol (THC) to alleviate both conditioned and unconditioned sickness in rats (Rattus norvegiens). The results in the present study suggest that when the place aversion is strong (Experiment 1), THC may interfere with the establishment; however when the aversion is weak (Experiments 2 and 3), THC may interfere with the expression. Also, when administered during acquisition of a strong amphetamine-induced place preference, THC also seems to interfere with the establishment of the …


Sensitization To Indirect And Direct Dopamine Agonists: Behavioural Differences In Wheel Running, Vanhthong Vilaysinh Jan 2001

Sensitization To Indirect And Direct Dopamine Agonists: Behavioural Differences In Wheel Running, Vanhthong Vilaysinh

Theses and Dissertations (Comprehensive)

Five experiments examined the effects of repeated exposure to stimulants, largely apomorphine (APO), on wheel running in male Sprague-Dawley rats. In these experiments, minor changes in procedure resulted in profound differences in the effects of APO on wheel running. Experiment 1 I compared changes in wheel running after repeated injections of 3.0 mg/kg amphetamine (AMP), 5.0 mg/kg of APO or vehicle (VEH). AMP resulted in a suppression in wheel running which become more pronounced over trials, while running in APO animals remained similar to the VEH group. Testing provided support for a conditioned suppression of wheel running rats previously treated …


All That Glitters Is Not Gold: Bad Forgiveness In Counseling And Preaching, John M. Berecz Jan 2001

All That Glitters Is Not Gold: Bad Forgiveness In Counseling And Preaching, John M. Berecz

Faculty Publications

A 3 R's of Forgiveness model is presented in which forgiveness is seen as a complex therapeutic process involving both situational and personal variables. Forgivers are seen to utilize the cognitive processes of dialectical reasoning and reframing, modulated by the emotional experiences of empathy, guilt, and shame. Personality style and self-esteem significantly influence the process as well. Distinctions are maintained among various kinds of forgiveness. Divine forgiveness, seen as a partial component of a spiritual encounter with one's God, may be a valid experience for people of faith, but is not something that psychologists are equipped to experimentally analyze. Interpersonal …


Reflexive Moments: Negotiating Researcher Roles In Participant Observation, Trudy Milburn, Richard J. Wilkins, Karen W. Wilkins Jan 2001

Reflexive Moments: Negotiating Researcher Roles In Participant Observation, Trudy Milburn, Richard J. Wilkins, Karen W. Wilkins

Iowa Journal of Communication

This essay addresses how, throughout ethnographies of communication, researchers (re)negotiate their roles and voices with the speech communities they study. The authors demonstrate how a (re)negotiation process occurs throughout moments of pre-fieldwork where a researcher struggles with how to make sense of his or her role in relation to those studied, fieldwork where a member manages to tack back and forth between the role of member and the role of researcher, and late stages of fieldwork where role (re)definition comes after spending many months in the field. The moments of data collection occurred in three scenes that are a Finnish …


Elder African American Women And Their Physicians Talk About Mammogram, Lynetta M. Mosby Jan 2001

Elder African American Women And Their Physicians Talk About Mammogram, Lynetta M. Mosby

Iowa Journal of Communication

For many years, research studies on breast cancer have revealed African American women, especially the elderly, have a higher rate of death from breast cancer. The most common explanation for this higher mortality rate is the lower participation of these women in early breast cancer detection programs. This paper examines the medical interviews between older African American women and their primary care physicians in which mammogram screens are discussed. Four themes were especially prominent in these medical consultations: 1) That the primary medical complaints with which patients present at the physicians office are often serious; 2) that medication compliance and …


Content Versus Delivery In Public Speaking Instructions, Paul J. Siddens Iii Jan 2001

Content Versus Delivery In Public Speaking Instructions, Paul J. Siddens Iii

Iowa Journal of Communication

When teaching public speaking, instructors are faced with the challenge of teaching their students about issues related to both the content of the speech (e.g.: the introduction and conclusion, organization, supporting evidence, etc.), and issues related to physical and vocal delivery (e.g.: appearance, gestures, eye contact, volume, rate, vocal variety, etc.). In public speaking courses, we usually have the opportunity to teach our students about these topics in classroom lectures and discussion, and to further explore these issues in oral and written critiques that we provide our students in classes in which they actually perform speeches. This pilot study continues …


Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah Jan 2001

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

The current age of globalization can be distinguished from the previous one (from 1870 to 1914) by the much higher mobility of capital than labor (in the previous age, before immigration restrictions, labor was at least as mobile as capital). This increased mobility has been the result of technological changes (the ability to move funds electronically), and the relaxation of exchange controls. The mobility of capital has led to tax competition, in which sovereign countries lower their tax rates on income earned by foreigners within their borders in order to attract both portfolio and direct investment. Tax competition, in turn, …


Nasa Light Emitting Diode Medical Applications From Deep Space To Deep Sea, Harry T. Whelan, Ellen V. Buchmann, Noel T. Whelan, Scott G. Turner, Vita Cevenini, Helen Stinson, Ron Ignatius, Todd Martin, Joan Cwiklinski, Glenn A. Meyer, Brian D. Hodgson, Lisa J. Gould, Mary P. Kane, Gina Chen, James Caviness Jan 2001

Nasa Light Emitting Diode Medical Applications From Deep Space To Deep Sea, Harry T. Whelan, Ellen V. Buchmann, Noel T. Whelan, Scott G. Turner, Vita Cevenini, Helen Stinson, Ron Ignatius, Todd Martin, Joan Cwiklinski, Glenn A. Meyer, Brian D. Hodgson, Lisa J. Gould, Mary P. Kane, Gina Chen, James Caviness

School of Dentistry Faculty Research and Publications

This work is supported and managed through the NASA Marshall Space Flight Center-SBIR Program. LED-technology developed for NASA plant growth experiments in space shows promise for delivering light deep into tissues of the body to promote wound healing and human tissue growth. We present the results of LED-treatment of cells grown in culture and the effects of LEDs on patients’ chronic and acute wounds. LED-technology is also biologically optimal for photodynamic therapy of cancer and we discuss our successes using LEDs in conjunction with light-activated chemotherapeutic drugs.


Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross Jan 2001

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross

Articles

In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …


Graduate Recital In Voice, Joy Harell Jan 2001

Graduate Recital In Voice, Joy Harell

Dissertations and Theses @ UNI

In 1753, Christian Gottfried Krause published a lied collection entitled Oden mit Melodien that laid the groundwork for a new setting of words for voice and piano. Nineteenth-century German lieder dominated influential song output and centralized the art form in Western Europe. Twentieth-century art song brings an expansion of influence beyond the German lieder tradition. This abstract introduces twentieth-century composers whose works have been selected for recital performance by Joy Harrell on July 29, 2000. The works include British composer Gustav Holst's Four Songs for Voice and Violin, opus 35, Spanish Composer Federico Mompou's Cinq Melodies, American composer Valerie Caper's …


The Effect Of Valproic Acid On Motility And Morphometry Parameters, And Actin And N-Cadherin Distribution In Avian Neural Crest Cells, Leah Christine Fuller Jan 2001

The Effect Of Valproic Acid On Motility And Morphometry Parameters, And Actin And N-Cadherin Distribution In Avian Neural Crest Cells, Leah Christine Fuller

Dissertations and Theses @ UNI

All vertebrate species contain a transient ectodermal structure termed the neural crest from which a specific subpopulation of migratory cells, the neural crest cells (NCCs), is derived. Following an epithelial-mesenchymal transition, NCCs actively migrate throughout the developing embryo. Precise temporal and spatial cellular migration is essential for the formation of a diverse array of neural crest derived tissues and structures. Valproic acid (VP A) is a unique anti-convulsant drug that can produce craniofacial and neural tube defects in exposed infants. Alterations of NCC migration, proliferation, and cytoskeletal composition have been proposed as mechanisms of VP A's teratogenicity. To investigate this …


Developmental Tendril Morphology In Echinocystis Lobata (Michaux) Torrey And Gray (Cucurbitaceae), Theodore Bowen Guthrie Jan 2001

Developmental Tendril Morphology In Echinocystis Lobata (Michaux) Torrey And Gray (Cucurbitaceae), Theodore Bowen Guthrie

Dissertations and Theses @ UNI

Tendrils are generally defined as coiling organs used as mechanical supports and for climbing. The morphological nature of the tendril and the branching pattern of the axillary bud complex (ABC) in the family Cucurbitaceae have been the subject of investigation for over a hundred years and as of yet there is no unifying interpretation of their morphological values. The tendril in the Cucurbitaceae has been hypothesized to be homologous to a leaf, a flower, a stem, and a combination of stem and leaf. Echinocystis lobata (Michaux) Torrey and Gray was used as a model to study the ontogeny of the …


Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr. Jan 2001

Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.

Faculty Scholarship

The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …


Etta Jean Horn V. First Security Bank Of Utah, Michael Peters, Peggy Peters Cunningham, Kayleen Jones And Janice Jones : Petition For Rehearing, Utah Supreme Court Jan 2001

Etta Jean Horn V. First Security Bank Of Utah, Michael Peters, Peggy Peters Cunningham, Kayleen Jones And Janice Jones : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S PETITION FOR REHEARING AND BRIEF IN SUPPORT THEREOF


Maurice W. Smith And Anita L. Smith, His Wife V. Mrs. Beth Pearmain, Barry D. Johnson And Heartland Realtors, A Utah Corporation : Brief Of Respondent, Utah Supreme Court Jan 2001

Maurice W. Smith And Anita L. Smith, His Wife V. Mrs. Beth Pearmain, Barry D. Johnson And Heartland Realtors, A Utah Corporation : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appealfrom the Third Judicial District Court of Salt Lake County, State of Utah, Honorable Maurice Harding, Judge


Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Brief Of Appellant, Utah Supreme Court Jan 2001

Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Third District Court of Salt Lake County Honorable G. Hal Taylor, Judge


Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Brief Of Respondent, Utah Supreme Court Jan 2001

Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Third District Court of Salt Lake County Honorable G. Hal Taylor, Judge


Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Petition For Rehearing, Utah Supreme Court Jan 2001

Utah Cooperative Association V. Egbert-Haderlie Hog Farms : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Third District Court of Salt Lake County Honorable G. Hal Taylor, Judge


Utah State Road Commission V. Carlos Johnson And Ruth L. Johnson,( His Wife; First Security Bank Of Utah, N. A . , ; Ideal National Life Insurance) Company : Brief Of Respondent, Utah Supreme Court Jan 2001

Utah State Road Commission V. Carlos Johnson And Ruth L. Johnson,( His Wife; First Security Bank Of Utah, N. A . , ; Ideal National Life Insurance) Company : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE G. HAL TAYLOR, JUDGE PRESIDING.


Utah State Road Commission V. Carlos Johnson And Ruth L. Johnson, His Wife; First Security Bank Of Utah, N.A.; Ideal National Life Insurance Company : Appellant's Response To Petition For Rehearing, Utah Supreme Court Jan 2001

Utah State Road Commission V. Carlos Johnson And Ruth L. Johnson, His Wife; First Security Bank Of Utah, N.A.; Ideal National Life Insurance Company : Appellant's Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


Property Improvement Corporation V. Cleon D. Tucker And Mrs. Cleon D. Tucker, Also Known As Betty J. Tucker, His Wife; Willard M. Tucker And Mrs. Willard M. Tucker, Also Known As Phyllis 0. Tucker, His Wife; Continental Account Servicing House, Inc., A Utah Corporation; And Key Account Collection House, Inc., A Utah Corporation : Brief Of Respondent, Utah Supreme Court Jan 2001

Property Improvement Corporation V. Cleon D. Tucker And Mrs. Cleon D. Tucker, Also Known As Betty J. Tucker, His Wife; Willard M. Tucker And Mrs. Willard M. Tucker, Also Known As Phyllis 0. Tucker, His Wife; Continental Account Servicing House, Inc., A Utah Corporation; And Key Account Collection House, Inc., A Utah Corporation : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.