Digital Commons Network^™

Contraception As A Mask Of Personhood, Charles E. Rice

Journal Articles

Sometimes you can learn something by teaching Torts. In my case it happened with the Palsgraf case and John Noonan did it. When we reached Palsgraf, I always discussed with the class Professor Noonan's analysis in Persons and Masks of the Law.

Mrs. Palsgraf lost as a matter of law in the Court of Appeals, and Chief Judge Cardozo wrote the opinion. Professor Noonan thinks she lost because her humanity was covered by the abstract persona, the mask, of an "unforeseeable plaintiff." He did not accuse Cardozo of misapplying the rule of law he used, but of myopia in selecting …

Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig

Journal Articles

I deeply wish to see more good empirical work in family law. If our system had all of the money in the world, I would wish to spend it to guarantee happy, healthy children. But since resources are scarce, and children's issues must compete with other interests that range from national security to care for the elderly, I would suggest spending a relatively modest amount to determine what programs would likely prove successful.

Usually public policy follows from the wishes of adults. In family law, this occurs although virtually all the legislation dealing with families and children begins with a …

Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin

Journal Articles

Since his election in 1978 as the Successor to the Apostle Peter, His Holiness Pope John Paul II has remained one of the principal protagonists on the global stage for the dignity and value of every human being. Although the popular press and media sometimes have been slow to recognize this message, an online search of the Holy Father's copious encyclicals, addresses, and homilies reveals that he has advocated human dignity literally hundreds of times during the course of his twenty-five year pontificate. In fact, long before his election as Pope, Karol Wojtyla was developing his understanding of the dignity …

Retribution: The Central Aim Of Punishment, Gerard V. Bradley

Journal Articles

When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Faculty Scholarship

For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.

Leadership Development: Continuous Improvement Through Character Assessment, Robert Scott Clark Edd

Dissertations

One of the keys to personal development is self-awareness as assessed by instruments such as the Myers-Briggs Type Indicator (MBTI) and the NEO PI-R, both of which are widely accepted reliable and valid indicators and measures of personality type. However, assessing the part of personality known as character presents challenges that are not adequately addressed by today's popular instruments leaving information needed for development incomplete or unavailable. An instrument that provides a reliable and valid assessment of character for leadership and personal development purposes could be very valuable. Qualitative methods were used for this study to investigate leaders' perceptions of …

Enabling Performance Skills: Assessment In Engineering Education, Jenny K. Ferrone Edd

Dissertations

Current reform in engineering education is part of a national trend emphasizing student learning as well as accountability in instruction. Assessing student performance to demonstrate accountability has become a necessity in academia. In newly adopted criterion proposed by the Accreditation Board for Engineering and Technology (ABET), undergraduates are expected to demonstrate proficiency in outcomes considered essential for graduating engineers. The case study was designed as a formative evaluation of freshman engineering students to assess the perceived effectiveness of performance skills in a design laboratory environment. The mixed methodology used both quantitative and qualitative approaches to assess students' performance skills and …

Making The Transition From The Field To The Classroom: The Experiences Of Novice Health Care Instructors At Private Career Colleges, Lezlee Haroun Edd

Dissertations

Health care instructors at private career colleges are responsible for training thousands of health services workers who enter the American work force annually. The number of students seeking health care occupational training at career colleges is expected to increase significantly during the next decade because the health service industry is the fastest growing section of the United States economy. At the same time, the public education system does not have the capacity to fully accommodate the future population of students seeking the postsecondary education required for these jobs. Instructors at private career colleges are typically hired directly from professional positions …

Perceptions Of Principal Effectiveness And Teacher Morale: A Study Of Public Secondary School Teachers On Guam, Michelle M.S. Santos Edd

Dissertations

For more than a decade, the public schools on Guam have suffered from low student test scores, high turnover rates and low levels of teacher morale. Although there may be many explanations for this persistent problem, an important part of any solution is improving the overall level of teacher morale, which of course, can be influenced in many ways by the actions of the principal. In an effort to determine both the level of teacher morale among secondary school teachers on Guam as well as the factors that may help explain it, including the perceived level of principal effectiveness, this …

Law And Macroeconomics Of The New Deal At 70 , Steven A. Ramirez

Maryland Law Review

No abstract provided.

Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin

Faculty Scholarship

This Article addresses the question of whether the money laundering provisions in the Patriot Act will be effective tools in the effort to intercept terrorist financing to prevent future attacks like those suffered on September 11, 2001, or whether the legislation is instead the modern equivalent of a big noisy anti-aircraft gun -- psychologically useful for showing that something is being done, but not very effective in actually doing the task. This Article concludes that the Act's money laundering provisions will not be effective in intercepting terrorist financing. It reaches that conclusion after examining the current state of United States …

Characteristics And Follow-Up Of Adult Female Victims Of Recent Sexual Assault, Anita Boykins

Theses and Dissertations (ETD)

No abstract provided.

Virginia Dental Journal (Vol. 80, No. 4, 2003)

Virginia Dental Journal

No abstract provided.

On The Proper Motives Of Corporate Directors (Or, Why You Don't Want To Invite Homo Economicus To Join Your Board), Lynn A. Stout

Cornell Law Faculty Publications

One of the most important questions in corporate governance is how directors of public corporations can be motivated to serve the interests of the firm. Directors frequently hold only small stakes in the companies they manage. Moreover, a variety of legal rules and contractual arrangements insulate them from liability for business failures. Why then should we expect them to do a good job?

Conventional corporate scholarship has great difficulty wrestling with this question, in large part because conventional scholarship usually adopts the economist's assumption that directors are rational actors motivated purely by self-interest. This homo economicus model of behavior may …

Designing Judicial Review: A Comment On Schauer, Emily Sherwin

Cornell Law Faculty Publications

In his characteristically lucid paper, Neutrality and Judicial Review, Frederick Schauer revisits the meaning and plausibility of Herbert Wechsler’s argument for neutral principles in constitutional adjudication. Unlike some critics, Schauer takes the argument seriously, on its own terms, and does an excellent job of sorting through the different ideas that lie behind it. Schauer identifies four different versions of the argument for neutrality. At least three of these are drawn from Wechsler’s 1959 article. Schauer is particularly interested in a fourth version, which favors neutrality in the design and management of the institution of judicial review.

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications

Development And Evaluation Of A Lesson Authoring Tool For Autotutor, Suresh C. Susarla, Amy B. Adcock, Richard Van Eck, Kristin N. Moreno, Art Graesser

Teaching, Leadership & Professional Practice Faculty Publications

This paper describes the process of developing an Electronic Performance Support System (EPSS) for AutoTutor 3D. The new architecture of AutoTutor 3D has four models: Domain model, Student model, Tutor model and Interface model. To date, the complexity of authoring the scripts used by AutoTutor has presented a significant challenge. Creation of a tool to simplify this process gives us the ability to disseminate AutoTutor across many different domains. The tool was created using a rapid prototyping approach and incorporates real world case based scenarios based on actual teacher experience with the tool, and a point-and-query help system. This tool …

Preaching The Doctrine Of Covenant And Its Impact Upon The Spiritual Discipline Of Prayer, John Keith Franklin

ATS Dissertations

No abstract provided.

Before Contextualization, Critical Incarnational Living: A Study In Discovering Appropriate Southern Baptist Missionary Church Planting Roles Among Chinese Malaysians, Bryan K. Galloway

ATS Dissertations

No abstract provided.

When You Speak Of God, Do You Think Of God As A Man Or A Woman?: Inclusive Language And God's Concept, David Lawrence Fisher

ATS Dissertations

No abstract provided.

Victor Davis Hanson: Mexifornia: A State Of Becoming: Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

René Girard: Mimesis And Violence Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

James Chowning Davies: When Men Revolt And Why: Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

At The Intersection Of Proximate Cause And Terrorism: A Contextual Analysis Of The (Proposed) Restatement Third Of Torts' Approach To Intervening And Superseding Causes, Jim Gash

Kentucky Law Journal

No abstract provided.

Toward A Coherent Approach To Tort Immunity In Judicially Mandated Family Court Services, Nat Stern, Karen Oehme

Kentucky Law Journal

No abstract provided.

The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander

Kentucky Law Journal

No abstract provided.

Exploring The Importance Of Incorporating The Visual And Creative Arts Into Elementary School Curriculum, Emily Mcdaniel

Capstone Projects and Master's Theses

The target audience that my capstone report has been written for consists of elementary administrators and elementary instructors that do not already see the importance of arts integration in curriculum, and, hence, do little to employ the arts in their classrooms beyond a few finger paintings and holiday decorations. The primary intention of my report is to convey to elementary administrators and elementary instructors the importance of incorporating the visual and creative arts into elementary curriculum. The secondary intention of my capstone report is to illustrate that arts integration can be done easily, provided that the instructor is willing to …

Gender Stereotyping In State Executive Elections: Candidate Selection And Success, Richard L. Fox

Political Science and International Relations Faculty Works

Research on gender stereotypes has found that voters ascribe certain beliefs and traits to candidates based on the candidate's sex. Most of this research relies on experimental data and examines stereotyping solely in terms of voter decision making. In contrast, we examine state executive office elections to determine if stereotypes influence both candidate selection and success. State executive elections are ideal for studying gender stereotypes as many of the offices focus on specific policy issues that correspond with stereotypical competencies of male and female candidates. We find considerable support for our expectation of an interaction between candidate sex and office …

Home Literacy Environment And Phonological Awareness In Preschool Children: Differential Effects For Rhyme And Phoneme Awareness, Judith G. Foy, Virginia A. Mann

Psychological Science Faculty Works

The literature to date suggests that the best predictor of early reading ability, phonological awareness, appears to be associated with the acquisition of letter-sound and vocabulary knowledge and with the development of well-defined phonological representations. It further suggests that at least some aspects of phonological awareness critically depend upon literacy exposure. In this study of 4- to 6-year-olds, we examine whether aspects of the home literacy environment are differentially associated with phonological awareness. Parental responses to a questionnaire about the home literacy environment are compared to children's awareness of rhyme and phonemes, as well as to their vocabulary, letter knowledge, …

Corpus Callosum Abnormalities In Psychopathic Antisocial Individuals, Joseph B. Hellige

Psychological Science Faculty Works

Context: Psychopathic antisocial individuals have previously been characterized by abnormal interhemispheric processing and callosal functioning, but there have been no studies on the structural characteristics of the corpus callosum in this group. Objectives: To assess whether (1) psychopathic individuals with antisocial personality disorder show structural and functional impairments in the corpus callosum, (2) group differences are mirrored by correlations between dimensional measures of callosal structure and psychopathy, (3) callosal abnormalities are associated with affective deficits, and (4) callosal abnormalities are independent of psychosocial deficits. Design: Case-control study. Setting: Community sample. Participants: Fifteen men with antisocial personality disorder and high psychopathy …