Digital Commons Network^™

The Independence And Democratic Accountability Of The Supreme Court Of Ohio: Recalling The Work Of Frederick Grimke, Paul D. Carrington, Adam R. Long

Faculty Scholarship

No abstract provided.

The Globalization Of Insider Trading Prohibitions, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

Scoring Sentences Developmentally: An Analog Of Developmental Sentence Scoring, Amy Seal

Theses and Dissertations

A variety of tools have been developed to assist in the quantification and analysis of naturalistic language samples. In recent years, computer technology has been employed in language sample analysis. This study compares a new automated index, Scoring Sentences Developmentally (SSD), to two existing measures. Eighty samples from three corpora were manually analyzed using DSS and MLU and the processed by the automated software. Results show all three indices to be highly correlated, with correlations ranging from .62 to .98. The high correlations among scores support further investigation of the psychometric characteristics of the SSD software to determine its clinical …

Sequoya Review, University Of Tennessee At Chattanooga

Sequoya Review

No abstract provided.

Pecan Grove Review Volume 7, St. Mary's University

Pecan Grove Review

Creative writings by students, faculty, and staff of the St. Mary's University community.

Protecting The Infrastructure: 3rd Australian Information Warfare & Security Conference 2002, William Hutchinson (Ed.)

Research outputs pre 2011

The conference is hosted by the We-B Centre (working with a-business) in the School of Management Information System, the School of Computer & Information Sciences at Edith Cowan University. This year's conference is being held at the Sheraton Perth Hotel in Adelaide Terrace, Perth. Papers for this conference have been written by a wide range of academics and industry specialists. We have attracted participation from both national and international authors and organisations.

The papers cover many topics, all within the field of information warfare and its applications, now and into the future.

The papers have been grouped into six streams: …

Aboriginal English Genres In Perth, Ian G. Malcolm

Research outputs pre 2011

Aboriginal Australia has a unique heritage of oral literature and Aboriginal people of all ages take delight in yarning. Despite the richness and contemporary relevance of this heritage, little is known in the wider Australian society about the oral discourse skills that are taken for granted in Aboriginal communities.

Although the art of oral narrative has developed over countless generations and by medium of Indigenous languages, previous studies (Malcolm 1994a, b; Malcolm and Rochecouste 2000; Rochecouste and Malcolm 2000) have shown that it is vigorously maintained in Aboriginal English.

The lack of general awareness of the verbal art of Aboriginal …

Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle

Other Publications

More firms than ever, and in more industries and countries, are expanding abroad through [foreign] direct investment [FDI]. Although FDI in 1980 was equivalent to only 5% of world GDP, by the end of the 1990's, that percentage had more than tripled to 17%. In 1993, the total US dollar value of world FDI was only US$ 200 billion, but by the year 2000, it had risen to US$ 1.3 thousand billion. Developing countries received around 25% of these inflows, mostly in the form of "greenfield" investments, where a new enterprise is essentially created from scratch.

In The Interest Of The Client: Why Reform Of Texas's Rules Regarding Referral Fees Is Necessary., Samuel V. Houston Iii

St. Mary's Law Journal

Texas needs to reform its policy concerning referral fees. In Texas, an attorney is permitted to receive a fee for providing a referral to another attorney. In Brewer & Pritchard, P.C. v. Johnson, for example, the forwarding attorney received a referral fee for $3 million dollars. Proponents of referral fees argue that clients are better represented because referring attorneys have a greater economic incentive to seek out more capable attorneys. On the other hand, referring attorneys may also have the incentive to seek out attorneys who pay higher referral fees rather than those most qualified. In the end, the referred …

The Erosion Of Criminal Norms And Procedures And The Police Abuse Of Authority, Gerald Goldstein

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

The Currency Of Reparations: Affirmative Action In College Admissions, David J. Trevino

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Legal Implications Of September Eleventh: A Question Of Security And Civil Liberties, David Dittfurth

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu

The Scholar: St. Mary's Law Review on Race and Social Justice

Infanticide is the most prevalent violent crime committed by women and has occurred throughout history for various reasons including sacrifice, birth control, eugenics, shame, and fear of punishment for adultery. Postpartum mood disorders have been recognized as a legitimate mental illness since the fourth century, and approximately fifty to eighty percent of new mothers experience some degree of depression after giving birth. Postpartum depression can progress into psychosis so quickly that new mothers may not even notice impairment of thinking skills. Defendants face many problems when using postpartum psychosis as a defense. One of the challenges of presenting postpartum psychosis …

Corporate Complicity: From Nuremberg To Rangoon - An Examination Of Forced Labor Cases And Their Impact On The Liability Of Multinational Corporations, Anita Ramasastry

Articles

Part I of this article outlines various levels of corporate complicity as a way of understanding the spectrum of conduct for which MNCs have been criticized.This provides a necessary background for examining how courts have treated corporate actors with respect to their alleged involvement in war crimes and crimes against humanity. This also helps to delineate where on this continuum MNC conduct should give rise to accomplice liability.

Part II of this article examines the post-World War II trials of German and Japanese civilian businessmen for war crimes and crimes against humanity. The war crimes prosecutions provide an important starting …

Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend

Articles

This Article considers interdisciplinarity and the legal curriculum in the context of probability and statistics. Section D of Part II begins the discussion by sketching some multidisciplinary, pluridisciplinary, interdisciplinary, and transdisciplinary approaches. Part III is the workhorse of this Article. The particular example used here is the well-known jury discrimination case of Castaneda v. Partida as described in Section A. This "case study" provides the basis for a crossdisciplinary experience that offers students an opportunity to think about law as a discipline. It is difficult for students to step back and look at law as a discipline when there is …

Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen

Articles

The nature of cyberspace continues to be woven into the fabric of our daily existence. Not surprisingly, cyberspace and the expansion of e-commerce pose challenges to existing law, particularly the legal definition of cyberproperty domain names. The nature of cyberspace allows many e-companies to possess no traditional assets such as buildings and inventories. Some e-companies own few computers, often using service providers to maintain their web sites. In the virtual space that e-companies inhabit, the primary assets that e-companies own are intangibles such as domain names, customer information, and intellectual property that includes business method patents, copyrights, and trademarks.

Domain …

Employer Liability For Employee Fraud: Apparent Authority Or Respondeat Superior, Charles Davant Iv

South Dakota Law Review

No abstract provided.

Working Caregivers: Issues, Challenges, And Opportunities For The Aging Network, Margaret B. Neal, Donna Wagner

Institute on Aging Publications

This paper provides an overview of the issues associated with working caregivers. We will examine the social and demographic trends influencing the growth of this group, their characteristics and their contributions to elders, and the consequences of caregiving for caregivers and their work. Next, we will briefly describe the various employer-initiated programs currently in place to support working caregivers and the evolution of these programs, followed by federal and state governments’ response to working caregivers, to date. The remainder of the paper details the potential role of the aging network in better supporting working caregivers, including current best practices and …

A Study Of Select Decisions That Fostered The Growth And Development Of Solusi University In Zimbabwe, Israel Sampson Mfune

Dissertations

Problem. Decision making is a practical day-to-day phenomenon. It manifests itself in various ways, such as choosing w/hat to do or not to do. in evaluating and fulfilling what is now and what is expected. Decision making is a cycle covering the time from when a decision is conceived to the time its outcome is visible. Because decision making appears so ordinary, it is often considered an ordinary activity. A good, well-thought-through decision can go a long way in the life of an organization. This study focuses on how Solusi went about the decision-making process, the implementation of those decisions, …

Exploratory Study Of The Relationships Between Community Building And The Social, Academic, And Spiritual Engagement At Antillean Adventist University, Zilma Enid Santiago

Dissertations

Problem. This research examined the students’ sense of community building in a college and how such perceptions influenced academic, social, and spiritual engagement in a 4- year Christian university.

Method. The study was an exploratory study that used survey methodology. Data collection was done using a 150-question research instrument that consists of several sections designed to gather information about the demographic characteristics of the population, and to measure the following variables: sense of community, and the academic, social, and spiritual engagement. Both descriptive (mean and standard deviation) and inferential statistical techniques (one-way analysis of variance and canonical correlations) were used …

The Empirical Development Of A Curriculum On Identification Of The "Tongues" Of 1 Corinthians 14 Utilizing A Socio-Exegetical Approach To Interpretation, Angel Hernandez

Dissertations

Problem. The Corinthian tongues is a subject that has been extensively covered in the literature, especially in exegetical Bible commentaries, but no empirically developed curriculum for college-level instruction has been found. The purpose o f this study was to develop such a curriculum. The approach to the interpretation o f the tongues of 1 Corinthians 14 was interdisciplinary: both theological and sociological.

Method. The instructional product development method formulated by Baker and Schutz and revised by Naden was used in this study. The process consisted of ten steps including; assessment of the need for a new curriculum, identification and …

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

The Seed In Genesis 3:15 : An Exegetical And Intertextual Study, Afolarin Olutunde Ojewole

Dissertations

The Topic

This dissertation seeks to ascertain the meaning and referent of the “seed” and its related pronouns in Gen 3:15.

The Purpose

The meaning and referent of “seed” and its related pronouns in Gen 3:15 have been discussed throughout the history of Jewish and Christian interpretation. This dissertation analyzes Gen 3:15 exegetically, intratextually, and intertextually, tracing the meaning of this “seed” in Genesis, the rest of the Old Testament, and the New Testament. The Introduction briefly surveys the centuries of the Jewish and Christian interpretations of Gen 3:15 classifying them into related categories such as literal, naturalistic, historical, political, …

Exemplary Bilingual Teachers In Puerto Rico: A Multiple-Case Study, Aurea Laracuente Araújo

Dissertations

Problem. Within a context of inadequate pre-service training, insufficient administrative support, and an ambivalent social environment regarding the teaching of ESL in Puerto Rico, a number of conscientious bilingual teachers try to overcome the odds of the system and have an impact on students' ability to speak English. Some even become exemplary teachers. How do they learn to meet so many expectations successfully in spite of real short comings found in their job, and how do they acquire the skills and competencies necessary to be exemplary bilingual teachers in Puerto Rico?

Method. A qualitative multiple-case study design was …

The Effectiveness Of The Writing Workshop Model To Teach An English-As-A-Second-Language College Writing Course In Puerto Rico: A Look At Students' Outcomes, Marie Jacqueline Agésilas

Dissertations

Problem. Questions have been raised regarding the number of limited-English-proficient students who enter undergraduate schools every year. This study was designed to look at the effectiveness of the Writing Workshop model in improving English-as-a-Second-Language (ESL) college students' writing skills in a small liberal arts university in Puerto Rico.

Method. Students registered in two Intermediate English-as-a-Second-Language writing classes were asked to take a pretest-posttest related to writing skills and a pretest-posttest related to composition skills to indicate their level of agreement for each of the 22 statements on a Likert-type (survey) instrument--strongly disagree (1) to strongly agree (4)--related to their attitudes …

Endowment Effects Within Corporate Agency Relationships, Jennifer H. Arlen, Matthew L. Spitzer, Eric L. Talley

Faculty Scholarship

Behavioral economics is an increasingly prominent field within corporate law scholarship. A particularly noteworthy behavioral bias is the "endowment effect" – the observed differential between an individual's willingness to pay to obtain an entitlement and her willingness to accept to part with one. Should endowment effects pervade corporate contexts, they would significantly complicate much common wisdom within business law, such as the presumed optimality of ex ante agreements. Existing research, however, does not adequately address the extent to which people manifest endowment effects within agency relationships. This article presents an experimental test for endowment effects for subjects situated in an …

Separation And Interpretation, Philip A. Hamburger

Faculty Scholarship

Should the establishment clause be interpreted in terms of "separation between church and state"? If not, how should the establishment clause be interpreted?

At stake, first, is the character of religious freedom in the United States. In particular, will lingering separationist notions continue to affect the interpretation of the First Amendment? Notwithstanding the claims made on behalf of separation, there is reason to fear that it is not the religious freedom guaranteed by the First Amendment. Indeed, it will be seen that the interpretation of the First Amendment in terms of "separation of church and state" has tangibly diminished this …

A Study Of The Reported Long-Term Attitudinal And Behavioral Effects Of An Eighth-Grade Environmental Education Project And The Development Of An Innovation Configuration To Promote Environmental Education, Jean Lomino

Dissertations

Problem. Increasing scientific evidence reveals that this planet is in serious environmental jeopardy. Since 1977, when an international group of K-12 educators met in the USSR and established goals for teaching environmental education worldwide, many schools have endeavored to fulfill these goals through the use of various curricula and teaching strategies. Although some progress has been made, most K-12 public schools have not done enough to meet the demands of environmental problems. In 1996, my co-teacher and I designed and implemented an environmental project, called Mission Environment, that we hoped would help our students develop long-term positive environmental attitudes …

Paul's Apparent Reversal Of Concern For The Weak Brother In L Corinthians 10:29b-30: An Examination Of The Text In Light Of Greco-Roman Rhetoric, Moses Oladele Taiwo

Dissertations

Problem . In 1 Cor 8:1-10:29a, Paul has been consistently on the side of the brother in 8:11 whose conscience is weak to eat food offered to idols. But, in 10:29b-30, he seems to reverse himself, here suggesting that one should be able to eat anything, regardless of its provenance or the effect such eating may have on others. Or, what should be made of the two questions asked in the text that appear neither fitted to the context nor directly answered by what precedes and follows in the discussion of εἰδωλόθυτα in 8:1-11:17?

Approach . Scholars have employed various …

Study Of The Efficacy Of A Christian-Based Inpatient Hospital For Treating Eating Disorders, Depression, And Spiritual Distress, Robert Alan Darden

Dissertations

Problem . Outcome studies continue to indicate that a substantial proportion of individuals with eating disorders have a dangerously limited response to treatment. Therefore, the purpose of this study was to determine if a Christian cognitive-behavioral-based inpatient hospital that specializes in eating disorders was an effective program for treating eating disorders. Next, this study sought to determine if this inpatient hospital was effective in treating both depression and spiritual distress. Finally, this study examined the relationship between depression and spiritual distress with treatment outcome.

Method . Five hundred and eighty-two patients were admitted to an inpatient hospital between July 1, …