Digital Commons Network^™

Teaching Tips From The Lotus Sutra, John W. Teeter Jr

Faculty Articles

The Lotus Sutra reveals that everyone has the potential for unlimited spiritual growth and each of us should aspire to be a bodhisattva; one who assists others on the road to enlightenment. Applying ancient Buddhist tenets to the law school classroom, the Lotus Sutra exhorts professors to challenge and befriend their students through the use of “expedient means” inspired by Buddhist thought. The poetic beauty and idealism of the Lotus Sutra transcend denominational differences to inspire the way we conceptualize legal education and the professorial mission.

The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr

Faculty Articles

Attacks on political correctness have grown both plentiful and rather tiresome. Such tomes occasionally score valid ideological points, but one grows weary of the bitter repetitiveness of it all. The New Thought Police might seem to offer a little novelty to the litany. Bruce is undeniably bright, impassioned, and edgy. Her book, however, is decidedly a mixed bag. The best parts center on her controversial role as a feminist spokeswoman during the O.J. Simpson murder trial. Bruce cogently emphasized that the case was a tragic paradigm of domestic violence rather than a racist conspiracy against a black cultural icon.

Bruce’s …

Storm Clouds On The Horizon Of Darwinism: Teaching The Anthropic Principle And Intelligent Design In The Public Schools, Jeffrey F. Addicott

Faculty Articles

Professor Addicott’s article addresses the future legal ramifications that the fledgling intelligent design movement and the scientific concept known as the Anthropic Principle will have on the teaching of Darwinian evolution in public schools. Both ideas are associated with the concept that an “unnamed” intelligent designer is responsible for the creation and sustainment of life. Predicting that the Supreme Court will ultimately allow, for instance, school boards to incorporate intelligent design in the science curriculum, he believes neither of the two ideas violate the Establishment Clause and cannot be “dismissed as yet another back door attempt by creationists to get …

Rois Can Validate Your Library’S Value, Robert H. Hu

Faculty Articles

The Return-On-Investment (ROI) rate, when determined and positively proven, may be the most effective tool for marketing a library. ROI is a cost-and-benefit analysis that determines whether money spent on the library produces a positive return. Proving and communicating a library's value to its governing board or constituents is increasingly necessary for law libraries to survive and flourish. A ROI analysis may be difficult to undertake if the library works in a not-for-profit setting, and requires a set of criteria different from those used for libraries in the for-profit setting. Although the ROI is a time-consuming and difficult analysis, libraries …

Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein

Faculty Articles

Addresses the need to remedy the disparity in academic achievement of black and white students and examines why this disparity continues to exist in spite of the desegregation decrees issued under "Brown." Reviews how a court decides whether a school district has complied with a desegregation decree. Explains why schools are being released from desegregation decrees despite achievement gap.

Trial Rights And Psychotropic Drugs: The Case Against Administering Involuntary Medications To A Defendant During Trial, Dora W. Klein

Faculty Articles

This paper explores the legal problems that arise when the government undertakes to render a criminal defendant competent to stand trial, by administering involuntary psychotropic medications. Among these problems are the infringement of the defendant's trial rights, such as the right to receive assistance of counsel and to confront witnesses, as well as interference with the defendant's ability to testify and to present evidence of a mental illness. This paper explores these problems with special reference to the case of Russell Weston, who has been charged with murder in the deaths of two Capitol police officers and who spent more …

One View To Add To The Many, Bill Piatt

Faculty Articles

The United States offers its citizens the opportunity to participate in the legal and political system through which it governs. The Constitution ensures that its citizens may engage, participate, and represent the body politics in government and the application of its laws. The recent attacks on America and the failure of the immigration system in monitoring its applicants has resulted in more restrictive immigration laws and policy.

The country’s legal education system must continue to improve its efforts in diversifying the nation’s law schools. More minorities should be represented as students, professors, and deans. Accomplishing a more diversified legal education …

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …

Bishops And Their Dioceses, Kenneth Pennington

Scholarly Articles

Metaphors have defined the relationship of a bishop and his diocese since Apostolic times. From the earliest church a bishop was the head of a community, the pastor, the shepherd who cared for his flock. His relationship to that community was based on the recognition that his leadership was personal, caring, and mutual. The shepherd needs flock; the flock needs a shepherd. The bishop was the pastor of his community, the shepherd of the flock who defended them from the wolves of the community and from the dangers of the outside world. His relationship to his church was matrimonial — …

Whacking Unarmed Women: Gaps In The Law Of Armed Conflict, Michael F. Noone Jr.

Scholarly Articles

In recent years, legal commentators have begun to write on women in war: usually as the civilian victims of belligerent forces, sometimes as military victims of discrimination within their own armed forces. Very little has been written about women as belligerents. What has been written does not focus on the legal problems conventional forces face when women are "unprivileged belligerents"' who fail to comply with law of war requirements for combatant status. These problems can become acute when conventional forces are engaged in "Small Wars" where unarmed women often serve as auxiliaries to their unconventional opponents. Although legal sources have …

The Extent Of Protection Of The Individual’S Personality Against Commercial Use: Toward A New Property Right, George P. Smith Ii

Scholarly Articles

The purpose of this Article is to explore the extent of an individual's right of privacy, vis-à-vis the concepts of commercial use and appropriations, which compromise rights of publicity. The deceptively simple, yet complex, conclusion to be drawn from this analysis is that a delicate balance of interests must be struck, either legislatively or judicially, between recognizing a full right of privacy, and its permutations in the right of publicity, with the press and news media. A definitive balancing test may be elusive, but at a minimum, a framework for principled decision making must be attempted. It is imperative that …

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles

In this Note, I explore the potential impact of LaGrand upon domestic American criminal jurisprudence with an eye toward what the case demonstrates for America as a member of international institutions more generally. In Part I, I describe the central holdings of the ICJ in LaGrand, noting how dramatically LaGrand departs from what American courts have previously interpreted the VCCR to require. Having demonstrated the enormity of LaGrand's procedural implications, I examine early cases after LaGrand and what they suggest about the American judicial response to the ICJ decision in Part II. I argue that American courts err to the …

Politicization And Judicialization Of The U.S. Chief Executive’S Political And Criminal Responsibility: A Threat To Constitutional Integrity Or A Natural Result Of The Constitution’S Flexibility?, Rett R. Ludwikowski

Scholarly Articles

This article attempts to analyze to what extent the scope of executive privilege, constitutionally committed to the executive branch, is determined by judicial process or by purely political factors. It opens with a brief report on the process of formation of the Presidential model of government and the system of checks and balances in the United States. Focusing on the checks imposed on the Executive, this article distinguishes those restraints that are clearly constitutionalized, or stemming from judicial determination of their constitutionality, and those which are the result of judicial interpretation of the beneficial aspects of public policy or political …

A National Survey Of Elementary Principals' Response To The Events Of September 11, 2001, Diane Mary Mccarty

Dissertations and Theses @ UNI

The events of September 11, 2001, will be forever etched in the minds of citizens of the United States. Because students enrolled in the nation's elementary schools compose a significant segment of the population affected by these watershed events, this study investigated the responses of elementary school principals to the terrorist events of September 11. Specifically, this study sought to determine the degree to which elementary principals perceived their school's crisis management plan supported their leadership on September 11, 2001, and in the days and weeks that followed, and the degree to which elementary principals perceived these actions were connected …

Legal Services Provision Through Non- Profit Multidisciplinary Practice – Encouraging Holistic Advocacy, While Protecting Ethical Interests, Stacy Brustin

Scholarly Articles

This Article examines the current debate on multidisciplinary practice (MDP) in the context of legal services provision in a non-profit setting and suggests ways for advocates and non-profit organizations to reap the benefits of MDP while avoiding the potential ethical pitfalls of such arrangements. Part I of the Article outlines the benefits of using a multidisciplinary model to address the legal needs of clients who are traditionally marginalized from the United States legal system. Part II explores the ethical debate surrounding multidisciplinary practice and analyzes whether the current rules of professional conduct prohibiting multidisciplinary practice apply to nonprofit organizations. Part …

Rethinking Sullivan: New Approaches In Australia, New Zealand And England, Susanna Frederick Fischer

Scholarly Articles

This Article employs a comparative analysis of some important recent Commonwealth libel cases to analyze what has gone wrong with U.S. defamation law since New York Times v. Sullivan and to suggest a new direction for its reform. In Lange v. Australian Broadcasting Corporation, Lange v. Atkinson, and Reynolds v. Times Newspapers, the highest courts of the Australian, New Zealand, and English legal systems were confronted with the same challenge faced by the U.S. Supreme Court in New York Times v. Sullivan. They had to decide the proper constitutional balance between protection of reputation and protection …

Old Testament Justice: The Mirror Of Justice Lecture, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Constructing A Public Community College Presidency: A Retrospective Study, Annabel Brooks

UNF Graduate Theses and Dissertations

This retrospective, qualitative case study examined the complexities of leadership in a community college setting under a single, long-term president. Six critical events were identified by 16 key informants as a basis for reflection on their views of the 23-year presidency of Dr. William Seeker at Florida Keys Community College.

The researcher found a highly participatory leadership model and a college that functions in a less hierarchical manner than is traditionally encountered in community colleges. The study further revealed that the president of Florida Keys Community College expanded the role of president by giving priority to the construction of a …

Causes Of Student Underachievement In Northside New Era Secondary School In Ghana, Edward Larbi

UNF Graduate Theses and Dissertations

This study focused on the causes of student underachievement in a selected high school in Ghana. The anonymous name chosen for the school was Northside New Era Secondary School. The participants in the study were administrators, teachers, and students. They were selected from the same school where the researcher conducted the study. The school was located in the Northern Region of Ghana. It had proven records of underachievement compared to other schools in the country according to the Ministry of Education's recent statistical report on education. The criterion for measurement was based on the results of the final examination conducted …

The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh

Scholarly Articles

Most people prefer not to inflict gratuitous pain on other sentient beings, especially other humans. What, then, should be the legal system's reaction to the mounting evidence that in late-term abortions doctors are inflicting just such pain on fetuses who have the anatomical, physiological, and neurological capacity to experience it? The pain being inflicted is gratuitous because it can be easily avoided with no significant increases in cost or health risk by the administration of tar geted fetal pain relief. If informed that an abortion is likely to cause pain to the fetus and given a choice between a procedure …

Co-Cultural Communication On The Internet: A Sociolinguistic Analysis Of Rec.Arts.Bodyart, Matthew C. Coe

Dissertations and Theses @ UNI

No abstract provided.

Suitability Of Hsp70 As A Biomarker For Pesticide Contamination Of Aquatic Systems: A Laboratory Investigation Using Chironomus Tentans As A Model, Lori Rae Covington

Dissertations and Theses @ UNI

Though the use of pesticides has resulted in increased crop production and other benefits, concerns have been raised about potential adverse effects on the environment, especially the hydrologic system which supports aquatic life. To chemically analyze for all possible contaminants at all at-risk sites would not only be costly, but practically infeasible and would yield no information about biological effects. Therefore, a significant portion of the scientific community has turned their investigative focus to biomarkers as a measurement of sublethal contaminant exposure and effect. A biomarker that has been the recent focus of much research is the family of heat …

Graduate Recital In Piano: April 22, 2002, Allison Rae Dencklau

Dissertations and Theses @ UNI

Allison Rae Dencklau, pianist, presented her graduate piano recital on Monday, April 22, 2002, at 6:00 in the evening in Davis Hall of the Gallagher-Bluedorn Performing Arts Center at the University of Northern Iowa in Cedar Falls, Iowa This piano recital was given in partial fulfillment of the Master of Music degree with an emphasis in Piano Performance and Pedagogy. Ms. Dencklau's program included works by Haydn, Brahms, Liszt, and Ginastera. This abstract includes a brief discussion of the lives of the composers as well as backgrounds and musical highlights of the recital pieces.

Security Vs. Personal Freedom: America's Challenge In The War On Terrorism, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Acculturative Stress Experienced By International Students At The University Of Northern Iowa And Their Coping Options, Mmamiki Gaolatlhe Kamanakao

Dissertations and Theses @ UNI

The primary purpose of this study was to examine the acculturative stressors of international students at the University of Northern Iowa and determine what services or programs they access or use as their coping options. Also included in the study was a description of differences in the extracted factors of acculturative stress by gender, age, marital status, residence type, place of origin, length of study at UN[, length of stay in the US, and number of working hours per week. A random sample of 98 international students (45% female, and 54% male) responded to a 50-item acculturative stress and coping …

Forgiveness Intervention For An Incest Survivor : A Case Study, Joyce Skinner

Dissertations and Theses @ UNI

This study examined the effectiveness of a 20 week, individual forgiveness intervention for a late adolescent female incest survivor. The forgiveness intervention was taken from Enright's (1991) Process Model of Forgiveness. This intervention has been shown to be effective in at least four scientific studies to date (Al-Mabuk, Enright, & Cardis, 1995; Coyle & Enright, 1997; Freedman & Enright, 1996; Hehl & Enright, 1993). The participant of this study was recruited form a Midwestern community human service organization as a self-referral for counseling service. Treatment variables were measured utilizing a single-subject design that compared the subject's feelings of hope, anxiety, …

A Descriptive Analysis Of Sexuality Education In The State Of Iowa : What Content Is Being Delivered To Secondary Students?, Brian Poncy

Dissertations and Theses @ UNI

The present study investigated what content in the area of human sexuality was being delivered to secondary students in the state of Iowa. The study was a descriptive study, which investigated the lesson plans used by the teacher(s) who delivered the participating school's sexuality education component. Specifically, the study compared what information schools cited that they were delivering to secondary students with a preset coding system developed by Ogletree, Rienzo, Drolet & Fetro (1995) to evaluate sexuality education curricula. Three areas were looked at which included sexually related content, skill building strategies, and teaching strategies. Results indicated that the participating …

Political, National, Racial, And Imperial Unconscious In James Fenimore Cooper’S The Pioneers, Nizar Farouk Hermes

Dissertations and Theses @ UNI

Liberal humanist critics of James Fenimore Cooper's The Pioneers have for a long time relegated this politically packed nineteenth-century novel to the realms of the romantic. In the course of this study, I intend to show that Cooper's romantic discourse in The Pioneers is not "innocently romantic" as these critics have postulated. To argue for the political, national, racial, and imperial unconscious of The Pioneers as the latent, but active discourse throughout this text, I rely upon the materialist theories of Fredric Jameson, Louis Althusser, Michel Foucault, Terry Eagleton, Homi Bhabha, Benedict Anderson, and Edward Said.

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

Privacy, Eh! The Impact Of Canada's Personal Information Protection And Electronic Documents Act On Transnational Business, Juliana M. Spaeth, Mark J. Plotkin, Sandra C. Sheets

Vanderbilt Journal of Entertainment & Technology Law

In 2002, the requirements imposed by PIPEDA will extend to encompass all personal health information. PIPEDA will ultimately extend to the collection, use, or disclosure of all personal information in the course of any commercial activity within a province in 2004. This change in Canadian law carries significant consequences for the general business practices of American companies that conduct, or may conduct, business with Canadians. It is therefore crucial for lawyers with clients collecting personal data on- and offline to familiarize themselves with its requirements in order to counsel clients effectively about their current and future obligations under this privacy …