Digital Commons Network^™

An Answering Heart: Reflections On Saving Participation, Robert B. Slocum

Theology Faculty Research and Publications

No abstract provided.

The New Eugenics: Cloning And Beyond, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

The Rights Of Creditors Of Beneficiaries Under The Uniform Trust Code: An Examination Of The Compromise, Alan Newman

Akron Law Faculty Publications

The Rights of Creditors of Beneficiaries under the Uniform Trust Code: An Examination of the Compromise

The new Uniform Trust Code (the “UTC”), which recently has been introduced in the District of Columbia and six states but has not yet been enacted in any jurisdiction, is described in its prefatory note as “the first comprehensive national codification of the law of trusts.” According to its Reporter:

Crafting the provisions of Article 5 on spendthrift protection and the rights of a beneficiary’s creditors to reach the trust proved to be the most difficult task in drafting the Act. The area is …

The Internationalization Of Legal Relations, Roger P. Alford

Journal Articles

What exactly does it mean to say that "legal relations" are becoming "internationalized"? For me, the concept is in large measure a vertical question: the degree to which international law is affecting (some might say encroaching on) traditional domestic law, particularly state law. This is particularly so with treaty law. In the United States at least, internationalization might be thought of as simply another arm of federalism, with Congress stipulating that certain sales of goods will be governed by international law, not the Uniform Commercial Code. Or that a certain category of child adoptions will be governed by federal treaty …

Limiting Liability Through Bankruptcy, G. Marcus Cole

Journal Articles

The purpose of this Article is to expose that function of bankruptcy law that distinguished it from English and Colonial insolvency law, and to determine the scope of and need for bankruptcy law to perform that function in contemporary society. I posit that the distinguishing character of bankruptcy law was, and continues to be, its ability to serve as a temporal asset partitioning device. By asset partition, I mean the ability of a structure to sequester the assets of an owner of an enterprise from the reach of the creditors of that enterprise, or the assets of the enterprise from …

The Collaborative Learning Handbook: A Best Practices Guide, Sameer Malhotra

Theses

Not provided.

Law Schools As Legal Education Centers, Martin H. Belsky

Akron Law Faculty Publications

Legal education in the early twentieth century was divided into three concurrent paths-study at one of the "elite" law schools, consisting of mostly full-time students already possessing a college degree; study at one of the other mostly part-time practice based schools; and a course of study with a practitioner/mentor outside of formal educational institutions. ... Graduation was a serious event, as students were already thinking about passing the bar exam. ... Some of the reasons that law schools can deliver legal education to elementary and secondary students, obviously apply to junior college, college, and non-law school graduate and professional education …

Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky

Akron Law Faculty Publications

The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …

Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole

Akron Law Faculty Publications

Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs “while committing or attempting to commit” certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted …

Teaching The Amistad, Brant T. Lee

Akron Law Faculty Publications

In 1841, a Cuban slave ship called the Amistad was captured and taken into custody near Long Island. The forty-five Black people on board were alleged to be slaves, who had mutinied, murdered the captain, killed or expelled the crew and taken over the ship. Two Cubans found on the ship claimed to be their owners. There were salvage claims by the officers who captured the ship and its passengers and miscellaneous other claims by parties claiming a property interest in the ship or its cargo. The United States government intervened on behalf of the Queen of Spain in support …

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Empirical Work In Family Law, Margaret F. Brinig

Journal Articles

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …

Husserl's Notion Of The Natural Attitude And The Shift To Transcendental Phenomenology, Sebastian Luft

Philosophy Faculty Research and Publications

No abstract provided.

The Rehnquist Court And Criminal Procedure, Stephen F. Smith

Journal Articles

Much of recent discussions of conservative judicial activism has concerned the revival of federalism-based limits on Congress during the Rehnquist Court. The allure of federalism as a topic for discussion is understandable, yet I argue that constitutional criminal procedure provides a better context within which to test the Rehnquist Court's commitment to judicial restraint. In this Essay, I examine the topic at hand against the background of the many important developments that have taken place in criminal procedure on Rehnquist's watch. The results of this examination are surprising because they suggest that activism is not necessarily the antithesis of restraint. …

Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Faculty Scholarship

In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …

Recovering From Drugs And The Drug War: An Achievable Public Health Alternative, Eric Blumenson

Suffolk University Law School Faculty Works

For three decades our War on Drugs has characterized illicit drug use as a law enforcement problem, to be addressed primarily through interdiction and criminal punishment. This policy has multiplied the number of imprisoned Americans, but our drug problem remains as entrenched as ever, and both voters and policy experts appear ready to embrace an alternative public health approach. Such an approach recognizes that a substantial number of Americans will continue to use drugs for the foreseeable future, and seeks to minimize the risks these people face from their drug habits. This requires programs and funding for treatment, education, and …

Exit Strategy: State Legal Discretion To Environmentally Sculpt The Deregulating Electric Environment, Steven Ferrey

Suffolk University Law School Faculty Works

Exit fees are a key regulatory tool to allocate the risk of power deregulation. Forty percent of the states have elected to restructure and at least significantly deregulate their retail power sectors. This involves a substantial change in the legal rules that govern one of the essential segments of the economy. Deregulation allows power consumers to leave traditional monopoly utility supply and shift to competitive sellers of power, and in certain states, many consumers have done so. How can states treat the stranded costs of the monopoly utilities? This article explores the issue of exit fee regulation of the various …

Factors Influencing Teachers' Decisions To Refer Students For Special Education Evaluation, Amanda R. Perry

Masters Theses

This study examined the factors that influence teachers to refer students for psycho-educational evaluation. Fifty seven teachers from Midwest and Southwest suburban and rural school districts completed a questionnaire designed to gather information about the factors teachers consider when referring students for evaluation, as well as their opinion of the etiology of Learning Disability and their preferences for services. Results indicated that the most influential factors in participants' referral decisions were low achievement and behavioral problems. The majority of teachers agreed that eligibility decisions should be based on the child's needs. However, there was no agreement that an ability-achievement discrepancy …

Searching For The Hero's Code: Questioning (White) Hero Formation In Contemporary American Film, Amanda D. Mckay

Masters Theses

The desire for heroism never wavers in the imaginations of the movie-going public. When we go to the movies, we long to see a strong character, poised to save the world (tights and cape optional, of course). However, we rarely question what the hero looks like. Hollywood perpetuates an archaic form of heroism because that is what the audience has formed long ago in their collective imagination. Much of American culture is generated by the desire to see self-starters making it in the direst of conditions.

With such a narrow construction of heroism, Hollywood has become void of equal representation …

Creating Loyalty In Relationship Marketing: A Descriptive Study Of Supermarket Loyalty Programs., Catherine Maria Brumley

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis explores the concept of loyalty marketing as a component of relationship marketing, by creating, building, and maintaining long-term relationships with customers to develop lifetime value and brand loyalty to one particular company or brand. The data highlights loyalty card programs implemented within the supermarket industry and evaluates those programs based on the variables of loyalty. The variables include trust, commitment, satisfaction, and value. The findings show documentation for or against the initial hypotheses, which involve factors affecting supermarket loyalty, such as convenience, price, and perceived brand value.

This Man's Heart: Masculinity In The Poetry Of E.E. Cummings, Willis John Whitesell Iii

Masters Theses

"This Man's Heart: Masculinity in the Poetry of E.E. Cummings" explores changing masculinity in the life and poetry of E.E. Cummings. The relationship between Cummings and his father, his first male role model, became strained when Cummings was a teenager finding his own male identity. As he rebelled against his father, a Unitarian minister, he began writing poetry in a modernist style under the direction of a new mentor, Ezra Pound.

Cummings' early modernist poems criticize conventional male roles and configurations of masculinity as outdated. As Cummings continued to grow as a man and writer, he confronted new realities which …

An Investigation Of Motivations Influencing Participation In Marathons, Courtney Hague

Masters Theses

This study examined the varying motivations of runners participating in marathon races. Several variables were explored including age, gender, marathons attempted, marathons completed, and best personal performance time. Five hypotheses were considered: 1) Younger runners will most likely be motivated by Achievement Motives (competition and personal goal achievement) than the older runners. 2) Females will be more motivated by Physical Health Motives (weight concern and general health) than males. 3) Males will participate in marathons more for Achievement Motives (competition and personal goal achievement) than females. 4) Females and males will be similar along Psychological Motives (self-esteem and psychological coping) …

"Plots Have I Laid": An Actor's Descent Into The Role Of King Richard Iii., Michael Rashid

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis, written to fulfill the requirements for the Master of Fine Arts degree in Acting, delves into the mind of an actor obsessed by fictional villainy and consumed by the desire to play the title role of William Shakespeare’s The Tragedy of King Richard III. It charts the machinations employed to gain the part, as well as the pop-cultural influences and rehearsal process from which the ultimate performance of the role was forged. And as the legend of Richard III is a confounding pastiche of fact and fiction, so is this thesis a work of unapologetic ambiguity

The Effect Of Solvents And Processing Conditions On The Solvent Extraction Of Coal., Manish R. Bhole

Graduate Theses, Dissertations, and Problem Reports (ETD)

Solvent extraction of two bituminous coals to produce low-ash extract material was studied using solvents dimethylformamide (DMF), dimethylacetamide (DMAC) and N-methylpyrrolidone (NMP). The extraction efficiency was seen to be NMP>DMAC>DMF for the reflux extraction at the normal boiling point of the solvent. While the reflux-extraction of raw coal gave less than 40% yield, NMP-extraction at 3500C and elevated pressure gave higher yield (~68%). Hydrogenated coal gave very high extraction yield (>70%) even at room temperature. The performance of DMAC was comparable to that of NMP for the extraction of hydrogenated coal. The reflux extraction showed mass balance …

The Effect Of Telepathic Assistance On Performance In A Visual Target-Search Task, James A. Wachtel

Masters Theses

Given the significant controversy regarding parapsychology and the study of psi phenomena, there appear to be opportunities to improve design in parapsychological experimentation through the use of more sensitive and reliable means of measurement. The current study was an attempt to introduce a design that employs time as an outcome measurement, the use of groups and individuals as opposed to just individuals, and the use of more specific and focused content through the use of problem-solving tasks, in an attempt to create a sensitive and replicable experiment in telepathy. Twenty-three undergraduate participants completed 12 trials each by finding targets in …

Internet Use By Kuwaiti Students In United States Colleges., Enas Naji Salmeen

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research is an exploration of how advancements in the Internet have been utilized by Kuwaiti students attending colleges in the U.S. The main advancement researched is Internet telephony, the method that uses the Internet to transmit voice and audio communications from one place to another. A survey was conducted, and 187 undergraduate Kuwaiti students completed it. Results show that most students own computers, have Internet access, and utilize several Internet functions in order to communicate with family and friends in Kuwait. E-mails ranked as the most used function of communication, followed by IRC, Kuwaiti newspaper sites, and the use …

A Ghost In Europe: Right-Wing Extremism And Its Metamorphoses, Raluca Viviana Stireanu

Masters Theses

The main assumption of this thesis is that fascism is not an historical feature, nor a geographical one. The premises for the rise of fascism are beyond time and space; it can develop anywhere, anytime, in a certain context and under some conditions. These context and these conditions are to be explained and described in this thesis. I will compare the features of fascism in inter-war Europe with those of neo-fascism, and I will also compare the features of Eastern European fascims with those of the Western Europe; the main reason for these comparisons is that it was argued that …