Digital Commons Network^™

Bustles, Bows, And Further Frippery| Victorian Costumes For The Nutcracker Ballet, Michele Manis Nokleby

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Dynamics Of Woodchip Trade Between Australia And Japan, And Need For International Cooperation Of Forest Advocates, Mari Yoshimura

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Conspiracy Theory, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Over one-quarter of all federal criminal prosecutions and a large number of state cases involve prosecutions for conspiracy. Yet, the major scholarly articles and the bulk of prominent jurists have roundly condemned the doctrine. This Article offers a functional justification for the legal prohibition against conspiracy, centering on psychological and economic accounts. Advances in psychology over the past thirty years have demonstrated that groups cultivate a special social identity. This identity often encourages risky behavior, leads individuals to behave against their self-interest, solidifies loyalty, and facilitates harm against non-members. So, too, economists have developed sophisticated explanations for why firms promote …

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

Mr. District Attorney: The Prosecutor During The Golden Age Of Radio, David Ray Papke

Faculty Publications

No abstract provided.

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …

Military Tribunals And Constitutionality: Why International Terrorists Should Be Tried By The Un, David L. Martin, Megan Landen

Brigham Young University Prelaw Review

No abstract provided.

Exu:Trickster By Default, Floyd Merrell

Trickster's Way

No abstract provided.

Preliminary Explorations Of An Occult Trickster Aesthetic , Alan Clinton

Trickster's Way

No abstract provided.

Parent And Child Perspectives Of Family Leisure Involvement And Satisfaction With Family Life, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The purpose of this study was to examine the relationship between family leisure involvement and satisfaction with family life. The sample consisted of 179 families. Data were analyzed at the parent, child, and family level. Findings indicated that family leisure involvement was the strongest multivariate predictor of family satisfaction from the parent perspective, but was not a significant multivariate predictor from the child's perspective. At the family level of measurement, only the block including Core and Balance family leisure variables explained a significant portion of the variance in family satisfaction. History of divorce was a negative multivariate predictor of family …

A Reinterpretation Of Historical Gender Bias And Women's Mental Health, Jacqueline Lindsay Novak

Student Work

This epistemological review suggests that gender stereotypes and oppression have occurred throughout history and reflects past and present portrayals of women, particularly, the reflection of stereotypes and oppression cause women to suffer mental health consequences in two ways. First, societal oppression reduces and enforces women to an inferior status, which promotes mental health suffering and consequences. Second, women suffer from biased assessments, diagnoses, and treatment via hierarchical relationships and gender stereotypes from professionals. Presently, women are maintained at this subordinate position due to a lack of people and policies enforcing health standards specifically for women.

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Publications

No abstract provided.

Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber

Publications

Criminal law scholarship is rife with analysis of the victims' rights movement. Many articles identify with the outrage of victims harmed by deviant criminal elements. Other scholarly pieces criticize the movement's denuding of defendants' constitutional trial rights. The point upon which proponents and opponents of the movement tend to agree, however, is that the victim should never be blamed for the crime. The helpless, harmed, innocent victim is someone with whom we can all identify and someone to whom we can all express sympathy. Victim blaming, by all accounts, is an act of legal heresy to feminists, victim advocates, and …

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.

Transactional Mediation: Using Mediators In Deals, Scott Peppet

Publications

This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Publications

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if he collides …

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Wagering On Religious Liberty, Nathan B. Oman

Faculty Publications

No abstract provided.

Relationship Between Evaluative Groups' Perceptions Of Children And Children's Self-Reported Levels Of Self-Concept, Terry T. Burgener

Masters Theses

The significance of significant others' (parents, peers and teachers) ratings on children's self-reported levels of self-concept were investigated. Self-reported levels of self-concept were determined by administrating the Multidimensional Self Concept Scale (MSCS), while parent, peer, and teacher ratings of children were determined by the use of rating scales designed using selected MSCS items. Results indicated that all significant others' ratings were positively correlated to children's self-reported levels of self-concept. Peer ratings were the most predictive of self-reported level of self-concept, while teacher ratings were the second most predictive variable and parent ratings the least predictive variable. The findings are congruent …

Teachers' Perceptions Of Attention Deficit Hyperactivity Disorder: Incidence And Management, Julie M. Olson

Masters Theses

ADHD continues to be a common diagnosis of school children, and according to the DSM-IV, it affects approximately 3-5% of the population. Teachers are often the primary source of information regarding ADHD diagnoses in school children. A previous study by Glass and Wegar (2000) found that teachers were over-identifying children with ADHD and that medication was preferred as the primary treatment for these students. This study further examines teacher perceptions on the causes, incidence, and appropriate treatment methods of ADHD. In addition, this study also examines the prevalence of ADHD as determined by the ADHD Rating Scale-IV (School Version) (DuPaul …

Turning Toward Or Away From God: Religious Coping Strategies Activated In Times Of Crises, William Andrew Robinson

Masters Theses

This study, which consists of two phases, explores the relationships between religion and coping with stress within the framework of interpersonal and intrapersonal communication. Both pastors and congregational members (n = 855) were surveyed about their perceptions of the role of religion in managing and coping with stress. A focus group involving five members of the clergy was implemented to conduct phase II of the research. This thesis examines how church relationships (i.e. with God, the pastor, and among congregational members) affect our abilities to function through stressful times. For phase I, a modified RCOPE survey (Pargament, Smith, Koenig, & …

Love, Violence, And Creation: Modernist Mediums Of Transcendence In Sylvia Plath's Poetry And Prose, Autumn Williams

Masters Theses

Many critics who study Sylvia Plath's works discuss the autobiographical significance of her poetry and prose, labeling her art as primarily confessional. My research shows that Sylvia Plath's awareness of and sensitivity to contemporary and historical cultural events, along with her acute sense of literary tradition, shape her art and widen the scope of critical interpretation. My study, although conceding that aspects of her writing are autobiographical, focuses on the modernist elements in her poetry and prose. By identifying her writing through the lens of modernism, I view her art in terms of its cultural, historical, political, and aesthetic qualities. …

An Analysis Of Student Credit Card Debt Determinants And Factors, James Paton

Masters Theses

The Permanent Income Hypothesis (PIH) derived by Milton Friedman in 1957 states that individuals will base their current consumption on what they consider to be their "normal income." Normal income is derived by the individual's current and expected future income.

Credit cards have become prevalent among college campuses. Credit card issuers seek out students because of market saturation and the idea that students, are generally in independence limbo; still being supported by parents, yet regarded as legal adults.

This study seeks to find if the PIH is valid amongst college students by using student credit card debt as a sort …

Manager's Role In Recruiting, Motivating And Retaining Employees In Latvia, Anda Peipina

Masters Theses

After regaining independence, Latvia has accomplished a lot in terms of reforms and education in the field of human resource management of public sector. However, there are several serious problems that need to be solved, such as, lack of motivation and recognition of public employees; low pay; problems to attract and retain employees. That is why it was interesting to find out what do employees value when it comes to recruitment, motivation and retention. In addition, what is the manager's role in these processes. Literature represents the American experience in human resource management. McGregor's Theory X and Theory Y as …

Facade Of A Romantic: Benjamin Disraeli And Coningsby Or The New Generation, Sybil Or The Two Nations, And Tancred Or The New Crusade, Peggy Pope

Masters Theses

Dismissed by contemporary critics as a second-rate writer, Benjamin Disraeli has been undervalued for over a hundred and fifty years. Writing in 1979, D.R. Schwarz rued that no recent full-length study of his novels had been undertaken, while other, even more minor novelists have been regularly exhumed. A substantial reassessment may be underway, as Paul Smith notes, particularly in the area of Disraeli's Jewishness. Bernard Glassman's volume, Benjamin Disraeli: The Fabricated Jew in Myth and Memory (2003), and Disraeli's Jewishness (2002), by Todd Endelman and Tony Kushner, attest to this new interest. A recent general study, Disraeli (2000), by Edgar …