Digital Commons Network^™

Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates, Michelle J. Anderson

UC Law Journal

Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she gives her ongoing consent to sexual intercourse. This Article argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, as this Article argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not married. …

The Dubious Concept Of Jurisdiction, Evan Tsen Lee

UC Law Journal

The conventional wisdom about jurisdiction is that it equals power and is conceptually distinct from the merits. In this Article, Professor Lee challenges both those notions. Jurisdiction is more akin to legitimate authority than to power, and, as such, cannot be conceptually distinguished from the merits, which also ultimately pertain to legitimate authority. Professor Lee argues that courts should therefore abstain from the metaphysics of jurisdiction-they should always ask whether, all things considered, they should rule as a plaintiff asks, not whether they are capable of so ruling.

Golden Gateway And The Search Of A Fairer Application Of California's Constitutional Right To Free Expression, Eileen K. Chauvet

UC Law Journal

Over twenty years after its landmark decision in Robins v. Pruneyard Shopping Center, the California Supreme Court revisited the issue of constitutionally protected speech on private property. The resulting plurality opinion in Golden Gateway Center, Inc. v. Golden Gateway Tenants Ass'n clarified that free expression on private property may be protected by the state constitution only when that private property is freely open to the public. While the case showed a strong desire by members of the court to return to free speech jurisprudence more in line with the First Amendmentrequiring state action before a constitutional claim could be madethere …

Examining An Observation-Based Model Of Professional Development For Teachers, Donna M. Marriott Edd

Dissertations

Public education is undergoing a process of reculturation prompted by standards-based reform initiatives. Student content standards suggest fundamental changes in the way teachers, schools, and districts think about and do their work. These substantive reform efforts require a parallel reorganization in professional development processes. Traditional models that rely on episodic, large-scale workshops are insufficient to support teachers to meet the demands of a standards-driven system. San Diego City Schools has developed an innovative approach to teacher training that is context and situation specific. The observation-based model of professional development utilizes a unique training environment and process. A fully functioning classroom …

Leadership Behaviors And Communication Satisfaction: Community Colleges In Micronesia, Julie M. Ulloa-Heath Edd

Dissertations

The major purpose of this study was to examine the satisfaction of Micronesian community college faculty with communication and their perception of their department chair's leadership style. Specifically, this study examined (a) the relationship of communication satisfaction with leadership and demographic data; (b) the relationship between the Multifactor Leadership Questionnaire (MLQ) subset and the scales of the Communication Satisfaction Questionnaire (CSQ); (c) the difference between institutions in terms of satisfaction with communication or perception of leadership style; and (d) suggestions for improving communication. Significant relationship was found between the overall communication satisfaction with leadership quality and ethnicity. The data revealed …

Exploring Teachers' Experiences With The Colonial Williamsburg Teacher Institute, Emily M. Schell Edd

Dissertations

This qualitative study explored the experiences of ten teachers who participated in the Colonial Williamsburg Teacher Institute (CWTI) during an 11-year period. The researcher used in-depth interviewing to identify why these teachers participated in this institute, what they experienced and learned during the institute, and how the institute influenced their teaching as well as student learning of early American history. The participants in this study identified similar reasons for applying to the institute, which included a desire to gain more knowledge and skills to improve their teaching of early American history. Seven themes emerged as participants described their experiences during …

Maintain Hydraulic Control Using Deep Rooted Tree Systems, A. Ferro, M. Gefell, Roger Kjelgren, D. S. Lipson, N. Zollinger, S. Jackson

Plants, Soils, and Climate Faculty Publications

Groundwater phytotechnology systems are currently being used to control the migration of contaminant plumes and remove groundwater that flows into containment areas. Trees in such systems function by reducing recharge and using groundwater via transpiration. A stand of deep-rooted trees can act as a biological "pump", removing a substantial amount of water from the saturated zone. Depth to groundwater compared to rooting depth is an important consideration Many useful tree species are not naturally deep-rooted, but various cultural practices can produce trees with roots that are deep enough to tap into the water table. Hydraulic control can be calculated or …

Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Executive Clemency: An Ancient Power And A Modern Solution, Brendan Keating

Public Interest Law Reporter

No abstract provided.

Cesar Chaves: Can't We All Get Along?: A Peer Mediation And Awareness Campaign Project For Middle School Students, Rmc Research Corporation, Cesar Chavez Foundation

Curriculum

The “Can’t We All Get Along? A Peer Mediation and Awareness Campaign Project for Middle School Students” provides a multi-faceted service-learning experience that will give students an understanding of César E. Chávez’s core values, specifically service to others, determination, the use of nonviolence as a tool for achieving justice, acceptance of all people, community building, problem solving knowledge, and innovation. The unit is tied directly to the California State Curriculum Standards for Middle School and provides young adolescents with the opportunity to gain conflict resolution skills while providing service to their peers. Whether used to celebrate César E. Chávez Day …

Civic Engagement And Service-Learning With Young Children: Lntergenerational Peacemaking Projects: By The Students, Volunteers And Staff Of Peace Games, Education Commission Of The States

Intergenerational

Violence, in all of its forms, continues to make learning difficult, if not impossible, for a substantial number of children. While high-profile incidences such as the Columbine High School shootings grab the public's attention, it is the daily difficulties of bullies, intimidation and fear that affect students in all schools (Twemlow, 2001 ).

Standards For Science Teacher Preparation, National Science Teachers Association

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Any project intending to write education standards for national dissemination and implementation is immediately confronted with the fact that education is a state function, and that the fifty states, plus Puerto Rico, each have their own ideas about what should be taught to their children. Education, unlike many professions, is a highly political act: parents and guardians are concerned about what their children are taught; and various stakeholders have their own ideas about what constitutes a good education. Whether or not they are directly engaged in setting standards, they want to know why a particular set of standards has been …

Lingnan University Annual Report : 2002-2003 = 嶺南大學年報 : 2002-2003, Lingnan University

Annual Reports

No abstract provided.

Lingnan University : Calendar 2003-2004, Lingnan University

Lingnan University Calendar

No abstract provided.

Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley

Faculty Articles

This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …

Badm 340.03: Management And Organizational Behavior, Fengru Li

University of Montana Course Syllabi

No abstract provided.

Badm 340.04: Management And Organizational Behavior, Fengru Li

University of Montana Course Syllabi

No abstract provided.

Consumer Liability In Unauthorized Electronic Funds Transfers, Benjamin Geva

Articles & Book Chapters

No abstract provided.

The Juridical Origins Of The International Patent System: Towards A Historiography Of The Role Of Patents In Industrialization, Ikechi Mgbeoji

Articles & Book Chapters

Given the controversial and indeed, ideological tenor of the various claims by many “patent systems” as to authorship of the patent system, this article engages in an historical reconstruction of the evolution and development of the modern juridical system of patents.In the analysis, various competing “histories” of the patent system are examined, evaluated and their veracity as the origin of the patent system are resolved. In my view, the competing claims to the origins of the patent systems can only be resolved on the basis of certain criteria which constitute the irreducible essence of a patent system. In other words, …

Disgorgement For Breach Of Contract: A Comparative Perspective, John D. Mccamus

Articles & Book Chapters

No abstract provided.

West Michigan Economic Forecast For 2003, Hari Singh, Nancy Boese

Seidman Business Review

No abstract provided.

Value Shift: Why Companies Must Merge Social And Financial Imperatives To Achieve Superior Performance, Carol M. Sanchez

Peer Reviewed Articles

In Value Shift. Lynn Sharp Paine argues that modern corporations are now expected to meet moral, as well as financial, performance standards to be considered superior performing firms. Paine calls this a return to, or a shift in, values that now emphasize ethics, culture, environmental standards, product safety, and community investment—what students of management might call a broad stakeholder model of the firm. The author, who is professor of leadership and values at the Harvard Business School, reflects on the recent crises in corporate America that began in 2001 with the Enron scandal. These disgraceful misdeeds and the public reaction …

Hard Choices And Soft Law: Ethical Codes, Policy Guidelines And The Role Of The Courts In Regulating Government, Lorne Sossin, Charles Smith

Articles & Book Chapters

The authors examine a number of examples of "soft law": written and unwritten instruments and influences which shape administrative decision making Rather than rendering bureaucratic processes more transparent and cohesive, or fostering greater accountability and consistency among decision-makers, "soft law" in this context frequently reinforces artificial divisions. Moreover, it insulates decisions and decision-makers from the kinds of critical inquiry typically associated with "hard law. " If it is to realize its potential as a bridge between law and policy, and lend meaning to core principles - like fairness and reliability - soft law ought to be subjected to similarly critical …

A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos

Articles & Book Chapters

Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major …

Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Faculty Publications

To explore this new social fracture and its challenge to the legitimacy of Anglo-American capitalism, this Article presents a case study of the attempt by the Chinese government and major Wall Street investment banks to complete an initial public offering by a major Chinese corporation. Their efforts represented a classic example of the effort to build a new global capitalist order from above without significant concern for the legitimation question. And, as we shall see, the effort was met from below with a vigorous social response. Thus, I suggest that a kind of syndrome, the PetroChina Syndrome if you will, …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

A Comprehensive Guidance Counseling Program For Jamaican Schools: A Needs Assessment, Grace Altia Kelly

Dissertations

Purpose of the Study. This study sought: (a) to identify stakeholders' perceptions of the existing guidance program in Jamaican schools and (b) to identify aspects of the Comprehensive Guidance Counseling Program (CGCP) that are desired by stakeholders in order to observe if there were any significant gaps between the perceived current and desired status of guidance in Jamaican schools.

Method. This was a self-report, descriptive survey study that involved 420 subjects (151 students, 130 teachers, 44 counselors, 37 principals, and 58 parents) from 54 schools (18 primary, 18 All-Age/Junior High, and 18 Secondary) across the three counties of …

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

Faculty Publications

No abstract provided.

Subversive Moments: Challenging The Traditions Of Constitutional History, Patricia A. Cain, Linda K. Kerber

Faculty Publications

No abstract provided.