Digital Commons Network^™

The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Westchester Media Co. L.P., Et Al. V. Prl Usa Holdings, Inc.: The Fight Over The Name, Polo, Jon D. Marans

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Evolution Of Drug Testing Of Interscholastic Athletes, Diane Heckman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Excessive Exercise As Corporal Punishment In Moore V. Willis Independent School District - Has The Fifth Circuit Totally Isolated Itself In Its Position, Kristina Rico

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Secret Of Our Success: The Sixth Circuit Interprets The Proof Requirement Under The Federal Trademark Dilution Act In V Secret Catalogue V. Moseley, Jennifer Hemerly

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Students In The Field: Linking Service-Learning And Undergraduate Research, Carolyn Behrman

Anthropology Faculty Research

No abstract provided.

Comparisons Between Enron And Other Types Of Corporate Misconduct: Compliance With Law And Ethical Decision Making As The Best Form Of Public Relations, Cheryl L. Wade

Faculty Publications

(Excerpt)

One of the most important lessons that Enron offers is that sometimes managers lie and boards fail to do their jobs. Enron’s most valuable lessons relate to corporate governance, financial disclosure, accounting practices, and the management of pension funds. One of the most illuminating lessons that Enron offers, however, may be found in the reaction of jurists, legal scholars, the media, corporate professionals, elected officials, and the investing public to the Enron collapse. The general sense of public outrage is as large as the huge financial loss suffered by investors and employees.

There is a lesson to be derived …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Faculty Publications

Once, they say, freedom of contract reigned in American law. Parties could make agreements on a wide variety of subjects and choose the terms they wished. Courts would refrain from questioning the substance of bargains and would ensure only that parties had observed the proper formalities. In interpretation, objectivity was paramount. Courts would seek to ascertain, not what the parties had intended, but what a reasonable observer would understand the parties' words to mean. Contract law was a series of abstractions informed by individual autonomy and judicial deference.

This world, a classical paradise of doctrines with sharp corners, began to …

Breaking The Mimetic Contract: Notes On Ideology, Intersubjectivity, And Film Theory, Giorgio Bertellini, C. Paul Sellors

Reconstruction: Studies in Contemporary Culture

[First paragraph]

In this essay we would like to sketch out a few notes outlining historical and theoretical trajectories of the confusing, and often confused, relationships between ideology, history and subjectivity in Marx, Marxism and post-Marxism. Marx and Engels' approach to ideology in The German Ideology (1845-46), spawned and influenced a variety of interpretations and philosophical positions from not only the numerous schools of Marxism proper, but also structuralism, semiotics and psychoanalysis up to the very raison d'être of discourse theory and new historicism. This reaching influence occurs only at the cost of contradiction, however, between Marxist factions -- disagreements …

To Blend In The Place You're In, But With A Mind To Do Something: The Practice Of Merging In James Dickey's To The White Sea, Casey Clabough

Reconstruction: Studies in Contemporary Culture

[First paragraph]

In a final sortie the day before the great fire-bombing raid on Tokyo in the last months of World War II, Muldrow (his first name is purposefully never given), an American tail gunner, parachutes from his burning B-29 into the city. Protected at first by the smoke-blackened anarchy on the ground, he journeys north, away from the chaos and ruin of Tokyo, instinctively drawn toward Japan's sparsely-populated northern island of Hokkaido, a frozen, desolate sanctuary he is certain will assure his survival. With little more than a knife and a small map of Japan he makes his way …

Writing Identity Into Space: The Relationship Between Ethnography, Autobiography, And Space In Bronislaw Malinowski's A Diary In The Strict Sense Of The Term And Claude Lévi-Strauss's Tristes Tropiques, Lawrence Phillips

Reconstruction: Studies in Contemporary Culture

[First paragraph]

From a number of disciplinary perspectives autobiography has always presented a challenge to more or less discrete modes of reading and evaluating the text. To read autobiography as a literary text is to suppress its close relationship to the writer, however fictionalised and evasive the writing subject might be about a textual identity so closely related to his or her public persona. On the other hand, to read it as history or a documentary presentation of a life is to fail to acknowledge the heavy use of literary techniques and imbedded subjectivity that makes autobiography what it is. …

See Me, Touch Me, Feel Me':(Im)Proving The Bodily Sense Of Masculinity, Marc Ouellette

Reconstruction: Studies in Contemporary Culture

[First paragraph]

Ultimately, this paper stems from two cultural strands which intersect in one cultural form, self-improvement advertising aimed at men. The first of these is the figure of the new man, which appeared in the mid-1980s. The novelty lies in the positioning of masculine bodies precisely for the purpose of being seen. The available criticism was not equipped to account for these positionings. The second cultural strand, the proliferation of technologies which alter the body itself, as opposed to its coverings, makes the gap in the criticism more apparent. The two cultural trends intersect most noticeably in the advertisements …

C.L.R. James, Mid-Century Marxism, And The Popular Arts, Kenton W. Worcester

Reconstruction: Studies in Contemporary Culture

[First paragraph]

“Popular culture” has played a decidedly important role for many prominent Marxist thinkers: For Fredric Jameson, it is increasingly important in his work, for Terry Eagleton, a counterpoint to more high brow culture, and for Marx himself a potentially distracting area of inquiry. In the following examination of C.L.R. James’ interest in popular culture, Kenton Worcester argues that he was, contrary to the thought of some, very interested -- both in popular culture per se, and the relation of race to modes of expression which can only be considered “popular” in the finest sense.

Book Of Mormon Stories Diglot Reader On Computer, Neal S. Harmon

Theses and Dissertations

This report describes the design, development, and evaluation of a computer-based diglot reader of the Book of Mormon Stories of the Church of Jesus Christ of Latter-day Saints. Di means two and glot means language, thus a diglot reader combines two languages into one reader in order to teach a person to read in a new language. The program, which runs on both Macintosh and Windows computer platforms, contains fifteen chapters of the Book of Mormon Stories and introduces about four hundred Spanish words. This report includes a literature review on the diglot method and related materials, a description of …

Time As Motivation: Selected Theories As Compared To Modern Revelation, Jill Judkins

Theses and Dissertations

This thesis proposes that human beings by virtue of living in each new present moment are motivated to develop strategies to secure the best possible outcome in their lived experience. A personal account of the phenomenological experience of time is presented and a brief history is given. The implications associated with being thrown into the present moment make apparent the weaknesses of the current assumptions that the slices of the present moment form a continuity of past and future and create a coherent synthesis of life. The assumption that human beings are intentional, goal-directed, and prone to seek meaning in …

Balance And Conflict: Variation In Attaining Work-Family Fit Among A Homogeneous Population, Laura C. Koch

Theses and Dissertations

The concept of work-family fit has recently emerged in the work and family literature, comparable to work-family balance in that it represents interactions between work and family, and yet distinct from balance in its sense of universal ownership and responsibility. Using Barnett's (1998) model of the work-social system interface as a framework, this study explores the relationship between and predictive factors of work-family fit and work-family balance. Data are from a survey of Brigham Young University's Marriott School of Management (MSM) graduate school alumni (n = 273). Findings indicate that fit and balance are indeed two separate constructs, with fit …

Individuals With Disabilities Education Act Amendments Of 1997 And Implications For School-Based Administrators, Connie Woods Collins

Retrospective Theses and Dissertations

The purpose of this study was to review historical legislation relevant to the education of individuals with disabilities, examine the 1997 Amendments to the Individuals with Disabilities Act and related case law, and to create a knowledge base from which school-based professionals can make legally sound policy and planning decisions and reduce liability for noncompliance with the applicable laws and regulations pertaining to the 1997 Amendments to the Individuals with Disabilities Education Act. In addition, the study provided insight into the law and increased the comfort levels of school-based personnel who deal with exceptional students, thereby increasing the likelihood of …

Navigating The Starless Night: Strategies For Understanding Autobiogeography, Matthew Wolf-Meyer, Davin Heckman

Reconstruction: Studies in Contemporary Culture

[First paragraph]

Ancient mapmakers relied upon the presence of celestial bodies for their conceptualization of the world, for their external knowledge-making tools, as if a far-off body could help to make sense of our terrestrial life/as if it couldn't. Cosmology, as a practice, relied on the construction of an external body of knowledge that the local meaning-maker could situate him- or herself into, and more broadly, their entire society and culture -- the interior is determined by its relationship to the exterior (or the exteriorized). For the ancient Greeks then, the font of Western culture, this cosmology works at once …

Punishment Theory: Moral Or Political?, Guyora Binder

Journal Articles

This article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy. Noting the familiar charge that utilitarianism permits framing the innocent, it argues that retributivism is equally vulnerable to the charge that it permits lynching the guilty. It argues that both critiques unfairly attribute lawlessness and dishonesty to the respective punishment theories. As a result, they mischaracterize both as theories about what individuals should do, rather than what acts legitimate government should authorize. In so doing, they disregard how committed the founders of the respective theories were to the rule …

The Rhetoric Of Motive And Intent, Guyora Binder

Journal Articles

This article offers a critical analysis of the traditional maxim that motive is irrelevant to criminal liability. It retraces the history of this principle to show how its meaning has changed and its validity has declined over time. Originally promoted by reformers, the irrelevance of motive maxim derived meaning from their efforts to codify criminal law. In this context, the irrelevance of motive stood for two related reforms: (1) legislators should condition criminal liability on expectations of harm rather than desires, and (2) courts should require proof of statutory mental elements. With the success of codification, however, the irrelevance of …

Assessing The Relationship Between Desired Experiences And Support For Management Actions At Yellowstone National Park Using Multiple Methods, William T. Borrie, Mae .. Davenport, Wayne A. Freimund, Robert E. Manning

Society and Conservation Faculty Publications

The nature of recreation and resource management issues related to the winter season in Yellowstone National Park requires a holistic approach in understanding visitor preferences, perceptions, and support for management actions. A dramatic increase in winter visitation over the past three decades and intense controversy related to bison management in the park have posed difficult challenges to managers. Specific questions such as what do visitors want out of their experience and how do visitors perceive management initiatives are central to these challenges. A multiple methods approach, one quantitative and one qualitative, was employed to gain more depth and breadth in …

The Trend Of Academic Achievement And Retention For Immigrant Latino Youth, Pamela Humphrey

Graduate Research Papers

This paper discusses the trend of academic achievement and retention for Latino immigrant youth. Research indicates that the general trend for Latino youth is negative – generally achievement is lower than any other immigrant ethnic group, and the drop out rate is higher than for any other ethnic group. Factors such as language and methods of learning, segregation, poverty, low parental involvement in education, discrimination, and stress due to immigration have been identified as factors contributing to low academic success.

The ways in which schools deal with immigrant students is also discussed. Further research is needed on immigrant Latino families …

Home-School Collaboration : An Effective Intervention For Facilitating Homework Completion?, John D. Warrington

Graduate Research Papers

This paper contains a review of literature on the utilization of home school collaboration as an intervention tool to improve the existing low homework completion rates of many students in our school systems. Due to the fact that homework is one of the most longstanding educational traditions, provides a natural link between the home and the school, and has been implicated as a tool for increasing overall rates of academic achievement, it is important to investigate past and present instruments and modes of assistance that involve both the home and school contexts in a shared partnership. There are a large …

Every Waking Moment: A Young Adolescent Novel Exploring The Effects Of Sleep Deprivation, Jeff Dyer

Graduate Research Papers

Human behavior can be dramatically affected by sleep deprivation (Peretz, 1996). The author gained an extensive understanding of sleep deprivation through a literature review by discovering the answers to questions such as: Does the loss of sleep have an impact on an adolescent's performance and behavior in school? Is this a problem that our nation's educators and parents should be concerned about? If sleep deprivation is in fact a problem for adolescents, how widespread is it?

Information learned during this process was then incorporated into the fictional novel, Every Waking Moment in order to disseminate the data in an entertaining …

Theory And Research In Social Education, Volume 30, No. 3, Summer 2002, Elizabeth Anne Yeager

Theory and Research in Social Education

No abstract provided.

Theory And Research In Social Education, Volume 30, No. 2, Spring 2002, Elizabeth Anne Yeager

Theory and Research in Social Education

No abstract provided.

Experiential Learning In Webcasting For Peace Through Tourism, Courtlandt Butts

Graduate Research Papers

The purpose of this paper is to report on a project to develop cultural awareness and knowledge of the tourism profession; and to bring the team of students to Amman, Jordan to facilitate the first ever-global webcast of a conference. Within the international experience itself, the major components of the overall project involved grant writing, technological hands-on training, international student presentations, and the production of a professional videotape. The possibility of gaining such access had been made possible through the Undergraduate Research/ Experiential Learning Grant (UREL Grant) offered by the College of Education at UNI, which provided the ideal avenue …

Establishing Literature Circles In One Middle School Teacher's Classroom, Kristin M. Englert Gehrke

Graduate Research Papers

Literature circles are a popular method of reading instruction in middle school classrooms. Literature circles are when small groups of students choose one book to read and then meet to discuss it. Students are taught how to discuss a book and use response journals. Implementing literature circles into a reading curriculum requires a great deal of planning. A teacher must make decisions about structure, themes, response journals, discussion groups, assessment and final projects.

Literature circles are an evolving teaching method and will not always work the same way each time they are used. I found literature circles to be a …

Improving After-School Programs : A Literature Review, Harriet A. Davis

Graduate Research Papers

The desire and need for after-school programs in the United States is steadily increasing especially for low- to moderate-income children and adolescents. Studies show after-school program participants watch less television and spend more time in academic activities and enrichment lessons (Posner and Vandell 1994). As a result, these programs are extremely beneficial to children who participate in them. After-school programs also provide a safe haven for countless children who need adult supervision at the end of the regular school day.

The following analysis is a compilation of information derived from scholarly journals, books, organizations participating in after-school programs, Internet sources, …