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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 …

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 …

The Role Of A Free Press And Freedom Of Expression In Developing Democracies, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.

The Role Of The Oas Special Rapporteur For Freedom Of Expression In Promoting Democracy In The Americas, Santiago A. Canton

University of Miami Law Review

No abstract provided.

The Black Book Of Chilean Justice, Alejandra Matus

University of Miami Law Review

No abstract provided.

Legal Challenges To Freedom Of The Press In The Americas, Jairo E. Lanao

University of Miami Law Review

No abstract provided.

Section 372.705, Florida Statutes: The Constitutionality Of The State's Hunter Harassment Law In A Multi-State Context, Patrick Reinhold Costello

University of Miami Law Review

No abstract provided.

Reptiles In The Weeds: Civil Rico Vs. The First Amendment In The Animal Rights Debate, Jaime I. Roth

University of Miami Law Review

No abstract provided.

Urban Librarianship: Libraries, Cities And Beyond, Beth Posner

Publications and Research

As urbanization and urban issues become increasingly universal, the study of urban libraries will become increasingly relevant to all librarians, all library patrons, and all citizens of the world. In light of this, this essay examines how the past development, present issues and future possibilities of cities, urban areas, and urban libraries relate to each other and to the study of urban librarianship.

"The Homosexual" As Problem Patron, Polly Thistlethwaite

Publications and Research

Libraries host a range of human activity, some of which is overtly sexual. What's a librarian to do about public displays of affection? cruising? public sex? First, we read up on the issue. Unfortunately, problem patron library literature is spotted with vivid illustrations of irrational bias against gay men, male-to-female transgender women, and men-cruising-men. It also discounts the private nature of most consensual sex in public places. This article discusses sex and gender biases in library literature, arguing that gender equitable, privacy-respecting practices will better serve librarians administering public space.

An Interview With Sandra Harding, Stephanie Urso Spina, Mike Roberts, Patricia Ticento Clough

Publications and Research

Harding’s position has been critiqued as more postmodern than feminist, as viable without nasty entanglements in feminism, as too concerned with established Eurocentric, scientific discourses, and as appealing to foundational innocence by her concern with realism. But what seems to drive Harding’s choices more than anything is a conscious attempt to be effective in intervening in existing systems of power, whether empiricist and postmodern. By taking this position, Harding undertakes a difficult task. Its difficulty, however, is compensated for by the conversations she generates. As a voice not restricted to one intellectual school, Harding demands attention from many with opposing …

On War As Hell, Roger P. Alford

Journal Articles

This article addresses the question of the proper international standard for war reparations. War reparations are especially hard on the credibility and efficacy of international law. Wars are hard because the suffering is so great and reparations so onerous that often there is no mutuality of interest between the victorious governments and their own constituent victims. Wars force victorious States to make hard choices between looking backward to repair the harm caused to constituent victims and looking forward to a relationship with a potential strong and strategic ally. Just as the conduct of war, in its great features, is...policy itself, …

Debating The Law Of Sanctions, Mary Ellen O'Connell

Journal Articles

After years of United Nations-mandated sanctions against Iraq, human rights advocates began charging the UN Security Council with genocide in its use of 'sanctions of mass destruction'. Following the charges, a full debate began on the law of sanctions. The article recounts this debate, setting it in the context of two earlier rounds of discussion on the lawful use of sanctions. Those earlier debates resulted in general consensus that the Security Council was both free to use sanctions whenever it wanted and that sanctions should be comprehensive, air-tight and subject to enforcement. Sanctions of this description were imposed on Haiti …

2002-2003 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2002-2003 graduate catalog for Morehead State University.

2002-2003 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2002-2003 undergraduate catalog of Morehead State University.

Design Of An Imaging System For Agcam : The International Space Station-Based Earth Observing Camera For Precision Agriculture, Brian G. Giesinger

Theses and Dissertations

No abstract provided.

A Comparison Of Uncontrolled Hypertension Between Institutionalized And Community-Dwelling Elderly, Kathy M. Holt

Theses and Dissertations

No abstract provided.

Pm₂.₅ Ambient Sampling Analyzed In Conjunction With Dispersion Modeling At Three Upper Midwest Locations, Brian Helmowski

Theses and Dissertations

No abstract provided.

The Question Of Indochinese Independence In World War Ii Allied Diplomacy, Sandra M. Irmen

Theses and Dissertations

No abstract provided.

The Passing Man : Francis Parkman And Change In Nineteenth Century America, Eric L. Fox

Theses and Dissertations

No abstract provided.

Teachers' Knowledge And Confidence In Dealing With Asthma In The School System, Susan C. Field

Theses and Dissertations

No abstract provided.

Home Is Where The Heart Lives : The Failure Of True Women And Success Of Homeless Orphans In Uncle Tom's Cabin, Rebecca L. Gardner

Theses and Dissertations

No abstract provided.

The Effects Of Instructional Set On Laboratory-Induced Aggression Among Participants With Mcmi-Ii Scale 4 Elevations And Controls, Ryan Hartmann

Theses and Dissertations

No abstract provided.

The Effects Of Reversed Auditory Feedback On The Frequency Of Stuttering In Adults, Elisa L. Diederich

Theses and Dissertations

No abstract provided.

Differences In Knowledge Of The Prospective Payment System For Home Health Nurse Administrators In Rural Versus Urban North Dakota And Its Effect On Home Health Services, Bruce L. Davidson

Theses and Dissertations

No abstract provided.

Measurement Of Turning Temperature Of Aisi 4140 Steel By Tool-Work Thermacouple And By Infrared Imaging Technique, Santaneel Ghosh

Theses and Dissertations

No abstract provided.

Changes In Autonomic Nervous System Function, Corticosteroid Concentrations And Prostaglandin Production In Response To A Laboratory Stressor : The Moderating Effects Of Calcium And Other Minerals In Women With Dysmenorrhea, Robyn Adele Drach

Theses and Dissertations

No abstract provided.

Statistical And Experimental Evaluation Of Permanent Magnet Direct-Drive Wind Turbine, Kevin W. Harrison

Theses and Dissertations

No abstract provided.