Digital Commons Network^™

Appraisal Processes In Emotion, Phoebe C. Ellsworth, Klaus R. Scherer

Book Chapters

Usually, people's emotions arise from their perceptions of their circumstances-immediate, imagined, or remembered. This idea has been implicit in many philosophical treatments of emotions (e.g., in Aristotle, Spinoza, and even Descartes and James; see Ellsworth 1994a; Gardiner, Clark-Metcalf, & Beebe-Centa, 1980; Scherer, 2000) and explicit in some (e.g., Hume and Hobbes), and it is the central emphasis of current appraisal theories of emotion. Thinking and feeling are inextricably interrelated most of the time: Certain ways of interpreting one's environment are inherently emotional, few thoughts are entirely free of feelings, and emotions influence thinking. Reason and passion are not independent domains, …

The Death Penalty And Adversarial Justice In The United States, Samuel R. Gross

Book Chapters

In a volume devoted to comparing adversarial and inquisitorial procedures in Western countries, the subject of the death penalty is an anomaly. Any system of adjudication must address several basic tasks: how to obtain information from parties and witnesses, how to evaluate that information, how to utilize expert knowledge, how to act in the face of uncertainty, how to review and reconsider decisions. By comparing how competing systems deal with these tasks we can hope to learn something about the strengths and weaknesses of alternative approaches to common problems. The death penalty, however, is not an essential function of a …

Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Jacob Strahilevitz

University of Chicago Law Review

No abstract provided.

Hume's Second-Best Constitutionalism, Adrian Vermeule

University of Chicago Law Review

No abstract provided.

Keeping The Wheels On The Wagon: Observations On Issues Of Legal Ethics For Lawyers Representing Business Organizations, Irma S. Russell

Faculty Works

No abstract provided.

Much Truth About Truth Commissions, Marten Zwanenburg

Human Rights & Human Welfare

A review of:

Unspeakable Truths: Confronting State Terror and Atrocity by Priscilla B. Hayner. New York: Routledge, 2002. 344pp.

News You Can Use, University Of Texas At Arlington Library

News You Can Use

No abstract provided.

Battered By The System: How Advocates Against Domestic Violence Have Improved Victims' Access To Child Support And Tanf, Naomi Stern

UC Law SF Journal on Gender and Justice

For low-income women and their children who are survivors of domestic violence, the political and legal landscape at the federal level worsened with the enactment of the 1996 Welfare Act. Among many other changes, the Act increased penalties for mothers who fail to cooperate with their respective states in states' efforts to obtain child support from their children's father. As a result, many victims of domestic violence who seek child support and who are leaving their abusers often must choose between poverty and increased violence at their abusers' hands. The voices of state and local advocates against domestic violence are …

Propensity To Trust, Purchase Experience, And Trusting Beliefs Of Unfamiliar E-Commerce Ventures, Gregory B. Murphy

New England Journal of Entrepreneurship

Trust has become a major issue among online shoppers. This underresearched subject will predictably determine the success or failure of e-commerce vendors. The lack of face-to-face interaction, the inability to inspect goods and services prior to purchase, and the asynchronous exchange of goods and money all contribute to the perceived risk of purchasing online and the resulting need for trust. Trust is particularly critical for small and new Internet ventures confronted by the liability of newness (Stinchcombe 1965). Lacking, among other things, a name that is readily recognized in the marketplace, entrepreneurial Internet ventures require trust if they are to …

Musings Of A Serial Entrepreneur — Reconciling Theory With Practice, Joseph E. Levangie

New England Journal of Entrepreneurship

To reminisce about my entrepreneurial career with appropriate self-importance, I might note that I have helped create companies and jobs. This contributes in a small way to economic growth. Economic growth is, however, an often illusive concept to characterize. Job growth is an essential component of a dynamic, innovative process. In the late 1970s jobs growth research suggested that the vast majority of new jobs are created by small business formation. Such empirical research is difficult to support with theoretical constructs. Classic macroeconomics analysis discounts size-offirm as irrelevant. Entrepreneurial contribution is therefore difficult to assess.

Serious Mental Illness And The Family: How Can Mental Health Professionals Help?, Cynthia Pattillo

Perspectives In Learning

When a loved one is diagnosed with serious mental illness (Schizophrenia, Bipolar Disorder, Schizoaffective Disorder, or Major Depression) family members are faced with new challenges. The family must provide support, act as an advocate with treatment providers, tolerate unpredictable and unusual behaviors, and, in some cases, involve the legal system to achieve inpatient hospitalization or mandate treatment. The family must also grieve for the losses caused by the illness: loss of goals and dreams, loss of abilities, loss of health. Unfortunately, the family must also cope with the stigma of mental illness. Despite evidence to the contrary, our society continues …

President's Report, 2003, University Of Montana (Missoula, Mont.). Office Of The President

University of Montana President’s Report, 1993-2016

The President’s Report of the University of Montana, produced by University Relations on behalf of the President’s Office.

To Ban Or Not To Ban An American Taliban? Revocation Of Citizenship & Statelessness In A Statecentric System, J. M. Spectar

California Western Law Review

No abstract provided.

Recognition Of The Rights Of Homosexuals: Implications Of Lawrence V. Texas, Tracylee Schimelfenig

California Western Law Review

No abstract provided.

Banks' Effectiveness At Reporting Financial Abuse Of Elders: An Assessment And Recommendations For Improvements In California, Charles Pratt

California Western Law Review

No abstract provided.

“Nothing Less Than Miraculous” The First Decade Of Mormonism In Mongolia, Steven C. Harper

BYU Studies

The Latter-day Saints' assumption of Christ's great commission—the command to teach and baptize all nations—can hardly be overstated as a motivational force for sending missionaries to far-away places to testify of the restored gospel of Jesus Christ. An 1831 revelation authorized and empowered Joseph Smith to send missionaries "unto the ends of the world" and "to lay the foundation of this church, and to bring it forth out of obscurity" (D&C 1:23, 30). What better manifestation could be found of the power of these words than the events of the first decade of Mormonism in Mongolia, perhaps the most obscure …

The State Of Utah V. Lisa A. Guzman : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (1999), AND AGGRAVATED KIDNAPPING, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-5-302 (1999), IN THE THIRD JUDICIAL DISTRICT COURT OF UTAH, SALT LAKE COUNTY, THE HONORABLE TIMOTHY R. HANSON PRESIDING

Wendy Lomsdal V. Keith Cox : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FINAL JUDGMENT, DECREE OF CUSTODY, OF THE FIRST JUDICIAL DISTRICT COURT IN AND FOR CACHE COUNTY, HONORABLE CLINT S. JUDKINS, JUDGE, PRESIDING, AWARDING SOLE CUSTODY TO APPELLEE

Getting Into The Game: The Trickster In American Ethnic Fiction, Helen Lock

Ethnic Studies Review

Trickster novels, especially those by Gerald Vizenor and Maxine Hong Kingston, can be used to destabilize and undermine ethnic stereotypes. As many studies show, the trickster him/herself cannot be stable and thus resists the limitations of definition as the embodiment of ambiguity. Both insider and outsider, s/he plays with the whole concept of "sides" so as to erase the distinction between them. The trickster plays the game, including the game of language, in order to break and exploit its rules and thus destabilizes linguistic markers. Kingston and Vizenor use their novels to subvert the rules of the linguistic game and …

Stubbornness Of Pretexts, Daniel B. Yeager

Faculty Scholarship

This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.

Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter

UC Law SF Communications and Entertainment Journal

When a new technology enters the entertainment market, incumbents may look backwards rather than forwards. Today, peer-to-peer file sharing services enable users to get the weekly chart-toppers for free by downloading desired songs, depriving the record companies of their rightful royalties. The record companies fear that this free online peer-topeer systems will mean the end of the recording industry. In response, the Recording Industry Association of America (RIAA) has begun to prosecute individual users, including a 12-year-old girl. However, this approach is problematic, and there are two other potential solutions that may be preferable. First, the recording industry could abandon …

Improving Postpartum Care Among Low Parity Mothers In Palestine, Center For Development In Primary Health Care (Cdphc)

Reproductive Health

In an effort to improve the health status of Palestinian women and their children in the West Bank and Gaza, USAID, in collaboration with the Palestinian Ministry of Health and a number of NGOs, designed and funded a 28-month pilot activity, the Pilot Health Project (PHP), that was expected to have a positive impact on the health of women and children. This report describes the results of the intervention designed to measure the effectiveness of a second home visit on low-parity women in 1) improving their knowledge and practices regarding their own health as well as the health of their …

The Role Of Lawyers In Strategic Alliances, George W. Dent

Faculty Publications

No abstract provided.

Does The Constitutional Right To Privacy Protect Forced Disclosure Of Sexual Orientation, Anne C. Hydorin

UC Law Constitutional Quarterly

After the Supreme Court's holding in Bowers v. Hardwick, the Third and Fourth Circuits were split over whether Bowers impliedly extended to forced disclosure of sexual orientation and private homosexual activity. This Note argues that Bowers does not protect forced disclosure of sexual orientation and that the Constitution protects our right to "be let alone" and preserves expected matters of confidentiality from unwarranted government intrusion. In other words, certain private matters must be beyond the unfettered reach of the state. Permitting the government to force an individual to disclose his or her sexual orientation offends this privacy jurisprudence. The Note …

Process, Structure, And Form: An Evolutionary Transpersonal Psychology Of Consciousness, Allan Combs, Stanley Krippner

International Journal of Transpersonal Studies

In the spirit of William James, we present a process view of human consciousness. Our approach,

however, follows upon Charles Tart’s original systems theory analysis of states of consciousness,

although it differs in its reliance on the modern sciences of complexity, especially dynamical systems

theory and its emphasis on process and evolution. We argue that consciousness experience

is constructive in the sense that it is the result of ongoing self-organizing and self-creating

(autopoietic) processes in the mind and body. These processes follow a broad developmental

agenda already described by psychologists such as Jean Piaget. Similar constructive transformations

of consciousness appear …

Primal Spirituality And The Onto/Phylo Fallacy: A Critique Of The Claim That Primal Peoples Were/Are Less Spiritually And Socially Developed Than Modern Humans, Steven Taylor

International Journal of Transpersonal Studies

Many theorists—including Freud, Habermas and Wilber—have suggested that there are strong

parallels between ontogeny and phylogeny, and that the development of the human species has

followed the same basic pattern as the development of the individual from birth to adulthood. I

discuss this view in relation to archaeological and anthropological knowledge of the world’s “primal

peoples.” I look at the spiritual, moral, and social development of primal peoples and find

that, in almost every instance, they are more advanced than these theorists suggest, possessing

characteristics which only occur—ontogenetically—at the higher “fulcrums” of development. I

argue that Wilber’s spectrum model cannot …

Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox

Villanova Law Review (1956 - )

No abstract provided.

Holmes On Natural Law, Robert P. George

Villanova Law Review (1956 - )

No abstract provided.

Improving The Kangaroo Courts: A Proposal For Reform In Evaluating Juveniles' Waiver Of Miranda, Kimberly Larson

Villanova Law Review (1956 - )

No abstract provided.

The Call Of Truth- The Peace Testimony During A Time Of Terror, Ann K. Riggs

Quaker Religious Thought

No abstract provided.