Digital Commons Network^™

Lingnan University : Calendar 2002-2003, Lingnan University

Lingnan University Calendar

No abstract provided.

Modeling Magma-Drift Interaction At The Proposed High-Level Radioactive Waste Repository At Yucca Mountain, Nevada, Usa, Andrew W. Woods, Steve Sparks, Onno Bokhove, Anne-Marie Lejeune, Charles B. Connor, Brittain E. Hill

School of Geosciences Faculty and Staff Publications

We examine the possible ascent of alkali basalt magma containing 2 wt percent water through a dike and into a horizontal subsurface drift as part of a risk assessment for the proposed high‐level radioactive waste repository beneath Yucca Mountain, Nevada, USA. On intersection of the dike with the low pressure, horizontal drift, the ascending magma will be diverted into the drift. The fragmenting mixture expands down the drift to reach speeds of order 100–300 m/s. After this initial disruptive activity, parts of the repository can be filled with magma within a matter of hours until a pathway is found to …

So Young And So Untender: Remorseless Children And The Expectations Of The Law, Martha Grace Duncan

Faculty Articles

A nine-year-old speaks with apparent callousness as he walks by the body of the girl he has killed. A fourteen-year-old jokes about "body parts in her pocket" after bashing in her mother's head with a candlestick holder. And a fifteen-year-old laughingly names his accomplice ''Homicide" after participating in a robbery that culminated in the victim's death. Seemingly remorseless acts such as these can have a crucial impact on the way a child or adolescent fares in the juvenile justice or criminal system. Yet, when one looks closely at what the courts interpret as indicators of remorselessness -- ­taking into account …

Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren L. Hutchinson

Faculty Articles

This Article responds to the advocates of "progressive race blindness" with several critiques of their central claims. Part I examines the contours of progressive race blindness in greater detail, giving centrality to the emergence of this theory in legal scholarship. Part I sets forth the common themes articulated in progressive race blindness arguments and highlights important differences among its proponents. Part II isolates several problems with the progressive race blindness literature and demonstrates that these weaknesses make the literature unhelpful as a political or legal theory and even dangerous to the cause of antiracism. Part III offers suggestions for future …

Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus

Journal of Criminal Law and Criminology

No abstract provided.

Owing To The Extreme Youth Of The Accused: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

Journal of Criminal Law and Criminology

No abstract provided.

Lunatics And Anarchists: Political Homicide In Chicago, Edward M. Burke

Journal of Criminal Law and Criminology

No abstract provided.

Homicide In New York, Los Angeles And Chicago, Eric H. Monkkonen

Journal of Criminal Law and Criminology

No abstract provided.

Enlt 359.01: Spanish-American Civilization Through Literature And Film, Clary S. Loisel

University of Montana Course Syllabi

No abstract provided.

Proyecto Uno, Dos, Uno, Dos : Parents Helping Their Kindergartners With Patterning, Delia Silva GoìMez

Capstone Projects and Master's Theses

This project is a website that provides parents with the enrichment tools needed to help their kindergarteners with mathematics. Specifically, it provides parents with patterning activities and lessons that can be done in the home. The website is designed in Spanish for Spanish-speaking parents and students. The website also provides a strong connection between the home and the classroom because student learning is being reinforced at home. It provides access to computers and to the Internet to our limited-English proficient families. It is an essential technological resource that is easy to use and navigate. By creating the Spanish math website, …

Jpns 202.01: Intermediate Japanese Ii, Yuka Tachibana

University of Montana Course Syllabi

No abstract provided.

Re-Thinking Access To Criminal Justice In Canada: A Critical Review Of Needs And Responses, Patricia Hughes, Mary Jane Mossman

Articles & Book Chapters

This paper provides a critical assessment of some current issues about access to justice in Canada, with a special focus on criminal justice. The paper identifies recent trends in the literature about criminal justice in Canada and in related common law jurisdictions, including the United States, the United Kingdom, Australia and New Zealand; and the development of restorative justice processes to augment or replace traditional approaches to criminal justice. Overall, the paper is intended to provide a review of selected literature with critical commentary about current trends in criminal justice, and to offer suggestions about empirical and other research initiatives …

Federalism, Treaties, And International Human Rights Under The Canadian Constitution, Jamie Cameron

Articles & Book Chapters

This article explores the relationship between federalism, treaties, and international rights under the Canadian Constitution. A comment on comparative analysis precedes the introduction to that project. Recognizing that the similarities and differences that distinguish federal states offer a distinctive source of insight, the discussion draws on American parallels when feasible. Even so, the article's main objective is to explain how Canada ratified and implemented international instruments in the face of the significant restrictions on the national government's treaty power. In general terms, after analyzing a constitutional jurisprudence that subordinated sovereignty in foreign relations to principles, of federalism, the article explores …

A Counter-Pedagogy For Social Justice: Core Skills For Community Lawyering, Shin Imai

Articles & Book Chapters

An important component of lawyering for social justice is working in communities. In addition to conventional skills, such as legal analysis and litigation, community-based lawyers need skills not taught in the mainstream curriculum. This article describes a counter-pedagogy for teaching students three core skills for community lawyering: how to collaborate with members of the community, how to acknowledge personal identity, race and emotion, and how to take a community perspective on legal problems. The author argues that these skills cannot be taught in isolation, but should be integrated into the teaching itself, including the teaching of substantive areas of the …

Transnational Liftoff And Juridical Touchdown: The Regulatory Function Of Private International Law In An Era Of Globalization, Robert Wai

Articles & Book Chapters

Globalization is sometimes considered to have led to the liftoff of international business transactions from national regulatory oversight. This Article is concerned with the connection between a liftoff of transnational business processes and the laws related to international economic transactions. In particular, the Article examines the "governing" role that national private laws play in transnational business relations through an examination of the regulatory function of private international law.The Article describes how recent "internationalist" reforms in private international law contribute to a possible liftoff and discusses representative policy justifications for these reforms, such as the facilitation of international commerce, the attainment …

The Globalization Of Corporate And Securities Law: An Introduction To A Symposium, And An Essay On The Need For A Little Humility When Exporting One's Corporate Law, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger

Articles & Book Chapters

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a …

Origins And Meanings Of The Public Domain, Tyler T. Ochoa

Faculty Publications

This article surveys the history and development of the public domain in intellectual property law. The public domain has existed since time immemorial, and was first recognized in the Statute of Monopolies and the Statute of Anne, which placed time limits on patents and copyrights, after which the invention or work could be copied freely by anyone. The concept was enshrined in the U.S.Constitution and reflected in American patent and copyright laws. Before 1896, courts referred to matter not protected by patent or copyright law as "public property" or "common property. " In 1896,the U.S. Supreme Court imported the term …

The Relationships Between Attitude, Motivation, Anxiety, And Proficiency In English As A Second Language Of First-Year University Students In Puerto Rico, Carmen Mercedes Cortés

Dissertations

Purpose of the study. The purpose of this study was to determine the attitudes, motivation, and anxiety levels of first-year university students toward the learning and use of English as a second language. The study also examined the nature of the relationships between attitudes, motivation and anxiety, and English proficiency asmeasured by the College Entrance Examination Board.

Method. A Spanish version of The Attitudes/Motivation Test Battery (Gardner, 1985a), "Espejo de Actitudes: Aprendizaje del Inglés como Segundo Idioma en Puerto Rico," was administered to first-year college students at the University of Puerto Rico, Mayagüez Campus. These students came from various …

An Autobiographical Study Of My Beliefs, Attributes, And Practices As An Instructional Support Consultant, Jennifer Wilcox Dove

Dissertations

Problem . People ask what I do as an instructional support consultant. Over time, I have created my own approach to instructional support. This study uncovers the beliefs and attributes that drive my practices as an instructional support consultant, as well as those that comprise my model of instructional support.

Method . Using a narrative autobiographical approach, I analyzed early experiences that provided a foundation for beliefs I have about teaching and learning. With the help of close colleagues, I analyzed my current beliefs,attributes, and practices. I wrote stories using my journals and conversations I had with close colleagues. I …

Sovereign Bonds And The Collective Will, Lee C. Buchheit, G. Mitu Gulati

Faculty Scholarship

No abstract provided.

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

The Charter Revolution: Is It Undemocratic?, Peter W. Hogg

Articles & Book Chapters

A new book on the Canadian Charter of Rights and Freedoms by two professors from the University of Calgary, F.L. Morton and Rainer Knopff, is entitled The Charter Revolution and the Court Party.1 By the “Charter revolution” the authors refer to the active law- making role assumed by the Supreme Court of Canada since the adoption of the Charter of Rights in 1982.2 By the “Court Party” they refer to a cluster of interest groups promoting Charter rights through litigation.3 The thesis of the book is that these groups have been successful in obtaining changes in the law from the …

Book Review: Citizens Plus: Aboriginal Peoples And The Canadian State, By Alan C. Cairns, Shin Imai

Articles & Book Chapters

Cairns is critical of suggestions of the Royal Commission on Aboriginal Peoples. In his view, they pushed for a "maximum amount of self-government" for First Nations, while neglecting the "civic relation of Aboriginal peoples and individuals to federal and provincial communities and their governments." Legal academics, he observes, have a "pervasive tendency" to "undervalue, underestimate, or overlook the continuing links,"and have become members of an"intellectual social movement." This book review is critical of Cairns for failing to provide details on an alternative and for taking a mono cultural view of what it means to be "Canadian".

Non-Self-Executing Treaties: Exposing A Constitutional Fallacy, David Sloss

Faculty Publications

No abstract provided.

Means And Ends Of The Andrews University Leadership Program: A Study Of Its Critical Components And Outcomes As They Relate To The Mission Statement, José A. Alaby

Dissertations

Problem. The history of education shows tensions between its means and ends. Tensions became more apparent in contemporary Christian educational institutions. The Leadership Program (LP) of Andrews University was developed as an alternative and innovative means of delivering graduate education with a defined mission. It is job-embedded-theory and practice are united in the participants' workplaces, where they show their competency in 20 areas. It stresses the importance of the individuality of the participant in the development of a teaching/learning community. Yet, the dialectical relationship of the LP's ends and means has not been systematically studied in light of its …

A Theoretical Proposal For Reaching Irreligious Czech People Through A Mission Revitalization Movement, Petr Činčala

Dissertations

The main goal of this study was to develop a theory of missionary outreach to unchurched Czech people which is biblically informed and culturally relevant. The theoretical proposal for a plausible model of churching in the Czech Republic builds on basic theological, philosophical, and conceptual assumptions (chapter 2), a societal analysis of the problem of Czech churching (chapter 3), and a review of the issues relating to the situation of existing churches and religious movements.

Based on Wallace’s theory of revitalization movements a model is developed for starting a missionary movement that aims at reaching today’s unchurched and seemingly irreligious …

A Rhetorical Analysis Of Theodore Hesburgh's Fund-Raising Speeches For The University Of Notre Dame, Peggie Mathaba Ncube

Dissertations

Problem Statement. Literature reveals that college or university presidents play a key role in raising funds for their institutions. These roles are well documented, and yet many presidents face challenges in raising adequate funds for their institutions. Success stories of some university presidents are recorded, but no research has studied their rhetoric in raising funds in an attempt to uncover their formula for success. One such president is Theodore Hesburgh of the University of Notre Dame.

Methodology. This study assumes a rhetorical design, specifically the Burkean dramatistic approach to analyze Theodore Hesburgh's fund-raising speeches to the alumni of the …

The Relationship Between Demographic And Attitudinal Characteristics Of Primary-School Teachers And Implementation Of The Continuous Assessment Program In Swaziland, Hibajene Monga Shandomo

Dissertations

Problem. The purposes of this study were to determine the extent to which primary school teachers were implementing the Continuous Assessment Program (CAP) and to examine personal and institutional factors that may be related to the implementation of the program.

Method. A questionnaire designed to measure degree of implementation and attitude toward the Continuous Assessment Program was administered to a stratified random sample of 600 Grade 1 to Grade 7 teachers from 54 schools. Personnel from the National Curriculum Center (NCC) delivered and collected the questionnaires from each school. Completed questionnaires were then forwarded to the researcher. Data were coded …

Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai

Faculty Scholarship

In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …