Digital Commons Network^™

Loving And Dreaming, Ivan Davis

Faculty Publications

No abstract provided.

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 …

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 …

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin

Journal Articles

The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …

Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh

Faculty Scholarship

Professor Deborah Hensler suggests in the lead article of this Symposium issue that the courts' embrace of facilitative, interest-based mediation may have been ill-conceived. She argues that there is insufficient evidence to conclude that litigants are more satisfied with mediation than with adjudicative alternatives such as arbitration and trial. She also urges that there is sufficient evidence to show that litigants prefer processes that vest decision control in third parties. Both of these assertions are subject to challenge,' but this Comment will focus upon the significance of giving decision control to the disputants in consensual processes.

Using available research, this …

Interdisciplinary Graduate Experience: Lessons Learned, Steve Eugene Watkins, V. M. Eller, Josh Corra, M. J. Molander, Bethany Konz, Richard H. Hall, K. Chandrashekhara, Abdeldjelil Belarbi

Electrical and Computer Engineering Faculty Research & Creative Works

Engineers interact in the workplace with technical peers in other disciplines at all stages of design, development, and application. Awareness of the constraints and needs of the other disciplines can be key in many situations. Such interdisciplinary activity and the associated communication are facilitated if the all participants have a solid knowledge of discipline-specific terminology and an understanding of connecting concepts. Consequently, experience relating to interdisciplinary teamwork is a necessary component of engineering education. The Smart Engineering Group at the University of Missouri-Rolla was established to conduct interdisciplinary research and to create interdisciplinary educational resources. The topical interest area is …

Transracial Adoption (Tra) And The Development Of Ethnoracial Identity, Mairi Mckenna

Theses and Dissertations (Comprehensive)

Research on the experience of transracial adoption and the development of identity has indicated that supports for this process are required. Research that has not named transracial adoption as negatively impacting on identity has also recommended these kinds of family supports. There has, however, been a disquieting absence of such support programs. It is for these reasons that I have set out to start the process of identifying the best practices for such supports and begin the process of creating such a program. The methodology is influenced by a number of different theories: participatory action research (PAR), needs assessment, capacity …

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley

Journal Articles

The Supreme Court first held public assistance to religious schools unconstitutional in 1971 in Lemon v. Kurtzman. From then until now the concept of “pervasively sectarian” has played a central role in “parochaid” jurisprudence; every holding against “direct” aid has rested upon it as a necessary premise. “Pervasively sectarian” refers to the assertedly religious (“sectarian”) character of the entire curriculum at parochial schools. Religion, it is said, so permeates the whole educational program that “direct aid” to any aspect of that program inescapably aids religion itself. And that, it is said, violates the Establishment Clause. Because aid statutes typically aim …

How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock

Journal Articles

Virtually all the legislation dealing with families that include children begins with a "best interests of the child" premise.' Most, if not all, of the litigated results at least seem to maximize the outcomes for adults. This discrepancy should not be surprising, for both substantive and procedural reasons.

The substantive reason, as even the Supreme Court has noted, is that most of the time, what is good for parents will also be good for children. Moreover, having parents who possess many "rights" allow them to better exercise their parental responsibilities. From a procedural perspective, adults are usually the named parties …

Domestic Partnership: Missing The Target?, Margaret F. Brinig

Journal Articles

Chapter 6, Domestic Partnerships, like many other parts' of the ALI Principles of the Law of Family Dissolution, functions as a set of default rules. Under the ALI Principles for domestic partnerships, therefore, if the parties meet state presumptive requirements for domestic partnerships and have not otherwise contracted, the rules of Chapter 6 apply. Usually, law sets default provisions to 1) what most parties would want; or 2) to what will promote efficiency. I will discuss these two concepts in turn, illustrating how the ALI domestic partnerships provisions satisfy neither ex ante hypothetical bargaining nor efficiency criteria, and thus that …

Factors Influencing Crna's Attitudes Regarding Midazolam As A Preoperative Sedative With Pediatric Patients, Trent E. Siemers

Theses and Dissertations

No abstract provided.

The Experience Of First Nations Canadian Women With A Present Or Past Diagnosis Of Gestational Diabetes Mellitus, Sheila O'Leary

Theses and Dissertations

No abstract provided.

The Greatest Problem With Which The Library Is Confronted: A Survey Of Academic Library Outreach To The Freshman Course, Cindy Pierard, Kathryn A. Graves

University Libraries & Learning Sciences Faculty and Staff Publications

The Freshman Year Experience movement has created an excellent opportunity for academic library outreach. Its values, which include collaboration among various campus units charged with supporting student success and a focus on student mastery of key academic skills, correspond well with the objective of many college and university libraries: to become a more central part of the institution's educational mission. This chapter provides a discussion of academic library outreach to one of the movement's most significant components, the freshman course. The aim is to provide an overview of historic and contemporary trends in postsecondary freshman programming and corresponding library outreach …

False Memories For Threat In Socially Anxious And Nonanxious Individuals, Candice M. Jostad

Undergraduate Theses and Senior Projects

No abstract provided.

The Long-Term Effects Of Study Abroad Experiences On Career, Educational, And Travel Choices, Catherine A. Fagan

University of the Pacific Theses and Dissertations

Thousands of U.S. students travel to other countries each year to participate in study programs offered either by their home or the target country institutions. This study explores the effects that these study abroad experiences have on decisions that returning students make with regard to their future educational goals, career choices, and further foreign travel.

Using the alumni database of Cultural Experiences Abroad, a student travel organization, data were gathered from 185 primarily undergraduate students who spent from two weeks to one year as participants in a study abroad program. The students were from various geographic locations in the United …

Reflexology And Massage In The Treatment Of Type Ii Diabetic Neuropathy, Destini Kulik

University of the Pacific Theses and Dissertations

This study examined Neuro-Reflex Therapy, a type of reflexology, and effleurage massage for the treatment of diabetic neuropathy in men and women 40-73 years old with Type II diabetes. Participants were physician-referred to an alternative medicine clinic and were randomly assigned to Neuro-Reflex Therapy, effleurage massage, or a wait-list control group. The treatment groups received 12 individual 30 min sessions scheduled once a week for 12 weeks, and the control group received treatment after the study was completed. Scores on the Neuropathic Pain Scale, Section III of the Multidimensional Pain Inventory, the Profile of Mood States, the Short-Form McGill Pain …

System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter

Cardozo Law Review

Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …

The Adaptive Advantage Of Symbolic Theft Over Sensorimotor Toil: Grounding Language In Perceptual Categories, A Cangelosi, S Harnad

School of Engineering, Computing and Mathematics

Using neural nets to simulate learning and the genetic algorithm to simulate evolution in a toy world of mushrooms and mushroom-foragers, we place two ways of acquiring categories into direct competition with one another: In (1) "sensorimotor toil,” new categories are acquired through real-time, feedbackcorrected, trial and error experience in sorting them. In (2) "symbolic theft,” new categories are acquired by hearsay from propositions – boolean combinations of symbols describing them. In competition, symbolic theft always beats sensorimotor toil. We hypothesize that this is the basis of the adaptive advantage of language. Entry-level categories must still be learned by toil, …