Digital Commons Network^™

The Blurry Line Between "Mad" And "Bad": Is "Lack-Of-Control" A Workable Standard For Sexually Violent Predators?, Georgia Smith Hamilton

University of Richmond Law Review

In January 1993, thirty-one-year-old Michael Crane entered a tanning salon in Johnson County, Kansas and exposed himself to the nineteen-year-old female attendant. Thirty minutes later, he entered a nearby video store and waited for all of the customers to leave. Once the store was empty, Crane exposed himself to the twenty-year-old female clerk, threatened to rape her, grabbed her by the back of the neck, and demanded that she perform oral sex on him. He then suddenly and abruptly stopped the attack and ran out ofthe store.

I'Ll Take My Sin Taxes Unwrapped And Maximized, With A Side Of Inelasticity, Please, David J. Depippo

University of Richmond Law Review

Why tax? Are taxes truly "what we pay for [a] civilized society?" Or, are taxes merely collected "to pay for the responsibilities we have assigned to our [g]overnment?" Despite the debate that might erupt over whether the implementation of responsible government is synonymous with the promotion of civilized society, all entities need money to operate. The government is no different. So, while the initial answer to the opening question is simple, it only begs the more serious of inquiries; the government having the power to tax, so, what shall be taxed?

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu

Articles

All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of dayto-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. Conflict and disputes exist when people are engaged in competition to meet goals that are perceived to be, or actually are, incompatible. However, conflict may go beyond competitive behavior and acquire the additional purpose of inflicting physical or psychological damage on an opponent, even to the point of destruction. It is then that the negative and harmful dynamics of conflict exact their full costs.

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.

Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams

Articles

Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens

Articles

In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …

The Effects Of An Aquatic Intervention Program On The Discomforts Of Pregnancy, Sheila Anne O'Hanlon Smith

Theses and Dissertations

Approximately 50% to 80% of pregnant women complain of low back pain, edema, and other discomforts. Although exercise programs have been recommended to decrease the discomforts of pregnancy and improve body image. There is a paucity of research in this area. There is very little research on exercise in water, despite theoretical and empirical advantages of such activity.

This study’s aims were to determine the impact of an aquatic exercise intervention program on pregnant women’s body image, self-efficacy, perception of barriers to health-promoting behaviors, health-promoting behaviors, mobility, and discomforts. Pender’s Health Promotion Model (1996) served as the framework for the …

Environmental Factors That Predict Adolescent Smoking Behavior: The Influence Of Parent, Peer, And Sibling Smoking, Christopher J. Hogan

Theses and Dissertations

The majority of adult smoking begins during adolescence, and in order for prevention programs to be optimally effective it is critical to understand the influences of smoking initiation during this developmental period. However, little research has focused on how environmental factors, such as parent and peer smoking. influence smoking initiation exclusively within a rural population. The current study surveyed students from 23 middle schools in rural Virginia and New York State at the end of the sixth grade and then one-year later at the end of the seventh grade. Logistic regressions were used to predict changes in levels of adolescent …

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 …

Assessing Faculty Salary Compression: An Application Of Two Methods, John W. Fraas

Mid-Western Educational Researcher

This study presents the use of two methods to determine whether compression existed in the salaries of the faculty employed during the 1999-2000 academic year at Ashland University, a private university in the mid-west. One of the methods assessed salary compression by determining whether the variable representing the faculty members’ numbers of years of experience served as a negative suppressor variable in a regression model. The other method examined salary compression by statistically testing the mean difference between the predicted and actual salaries of junior faculty, where the predicted salaries were obtained from a regression model that assumed they were …

Small Classes In American Schools: Research, Practice, And Politics, Jeremy D. Finn

Mid-Western Educational Researcher

Today I’d like to talk about an unusual combination of events—a case in which school practice has informed research which has informed practice. In particular, I’ll talk about:

1. The current status of class-size reduction programs in the U. S.; that will be short because it is changing even as we speak.
2. The research base that provided the motivation for districtwide and statewide class-size initiatives.
3. Some misapplication of the research.
4. Questions about reduced classes that remain unanswered, and current work to explain why small classes are effective.

Front Matter, Mary K. Bendixen-Noe, Kim Metcalf

Mid-Western Educational Researcher

Front Matter

A Primer On Organ Donation , Louis J. Sirico Jr.

Journal of Law and Health

As organ donation gains increasing attention in our society, attorneys have an obligation to stay current on the issues so that they can properly advise two groups of clients: those who may need transplants and those who, if given reliable information, might consider becoming organ donors. A client in need of a transplant may wish advice about putting his or her affairs in order, and a client who retains an attorney to draft a will may be interested in learning about organ donation. Attorneys should know what a potential organ recipient should consider, how donated organs are allocated, how to …

Property Interests In Cadaverous Organs: Changes To Ohio Anatomical Gift Law And The Erosion Of Family Rights, Melissa A. W. Stickney

Journal of Law and Health

This note examines how Ohio anatomical gift laws have been interpreted to grant a property right to the next of kin in the decedent’s cadaverous organs. Part II of this note briefly examines the origins of anatomical gift law in the United States and in Ohio. Part III examines the codification of Ohio common law and the adoption of the 1969 Uniform Anatomical Gift Act as the foundation of Ohio’s anatomical gift laws. Part IV analyzes post 1969 Ohio cases that directly or indirectly help interpret Ohio’s anatomical gift laws, with a particular focus on the legal reasoning in Brotherton …

Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia

Journal of Law and Health

This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman

Cardozo Journal of Conflict Resolution

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of …

Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower

Cardozo Arts & Entertainment Law Journal

No abstract provided.

2002-2003 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2002-2003 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

The 'Most Important And Fundamental' Distinction In Logic, G. C. Goddu

Philosophy Faculty Publications

In this paper I argue that the debate over the purported distinction between deductive and inductive arguments can be bypassed because making the distinction is unnecessary for successfully evaluating arguments. I provide a foundation for doing logic that makes no appeal to the distinction and still performs all the relevant tasks required of an analysis of arguments. I also reply to objections to the view that we can dispense with the distinction. Finally, I conclude that the distinction between inductive and deductive arguments is not one of the most important and fundamental ideas in logic, but rather is unnecessary.

Nietzsche And "An Architecture Of Our Minds" (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, Nietzsche and "An Architecture of our Minds," edited by Alexandre Kostka and Ivan Wohlfarth. Los Angeles: Getty Research Institute for the History of Art and the Humanities, 1999.

Nietzsche, Philosophy And The Arts (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, Nietzsche, Philosophy and the Arts," edited by Salim Kemal, Ivan Gaskell, and Daniel W. Conway. Cambridge: Cambridge University Press, 1998.

Ability Of Native American Tribes To Waive Their Tribal Sovereign Immunity In Clear And Unequivocal Contracts To Arbitrate - C&(And)L Enterprises, Inc. V. Citizen Band Potawatomie Tribe Of Oklahoma, The, Emily J. Huitsing

Journal of Dispute Resolution

Native American tribes enjoy immunity from suits on contracts made on or off a reservation.2 A tribe is subject to suit only if it has clearly waived its immunity or Congress has expressly authorized the suit.' Tribal immunity was given to the tribes on the principle that tribes are sovereigns or quasi sovereigns enjoying immunity from judicial attack absent their consent.4 The purpose of tribal sovereignty, according to the Supreme Court, is to promote tribal economic development and self-sufficiency.5 Though the Court has expressed its dissatisfaction with the doctrine in light of increased tribal economic self-sufficiency through successful business ventures, …

Spectrum 2002, Saint Mary's College Of California

The Undergraduate Spectrum

No abstract provided.

Changes In Muscle Function And Motorneuron Excitability Of The Triceps Surae Following A Bout Of Fatiguing Eccentric Exercise, Mikala Pougnault

Theses : Honours

A reduction in capacity of the neuromuscular system associated with exercise can occur from a wide range of physiological and psychological factors. Many researchers have investigated neural activation during exercise, or the effects of muscle damage associated with eccentric exercise, but few have studied the prolonged effects of a bout of eccentric exercise on strength and motorneuron excitability. Eleven male and female subjects (aged 20-43 years) were tested to determine the effects of a fatiguing bout of eccentric exercise upon maximal isometric plantarflexion strength, motorneuron excitability, and neural activation of the soleus (SOL) and medial gastrocnemius (MG). The exercise consisted …

Law School Catalog 2002, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Law School Catalogs

No abstract provided.

Can Goal Orientations Of Salespeople Predict Performance?, Rustica D. Badillo

DLSU Business & Economics Review

The recent work of Sujan, Weitz, and Kumar brings into sharp focus two distinct goal orientations of salespeople: learning and performance. In the article entitled "Learning Orientation, Working Smart, and Effective Selling" (1994), the authors made two primary contributions to salesforce literature. They are: (1) the development and examination of the novel propositions that shed light on how supervisors influence the goal orientations of salespeople, and (2) the examination of whether supervisor's influence on salespeople's orientations is moderated by salesperson experience. The article's hypotheses were tested using data from salespeople in two Fortune 500 companies. The results support several of …