Digital Commons Network^™

Self-Image, Tammy Jean Wymer

Theses and Dissertations

Many current media images of women have underlying messages that affect our psyche in a negative way, whether or not we are aware. These images convey an unrealistic, distorted view of ideals and perfection, which create an unattainable model to live up to. As women, we should be cherishing our uniqueness, but, rather than celebrating and accepting ourselves, we are taught to judge and conceal. This project seeks to address inner beauty as a reflection of our energy, vitality, wisdom and the mental, as well as emotional, engagement in our lives. The terms perfection and imperfection will be redefined and …

Combat Dance:A Creatively Holistic Approach To Movement Performance Art, Raymont Lee Anderson

Theses and Dissertations

"Combat Dance" is an eclectic blend of combat and dance art forms combined and taught from the Fall 2001 to Spring 2003. As defined here, combat dance is a blend of techniques and principles gleaned from both unarmed and armed aspects of stage combat, martial arts (such as aikido and kung fu), modern dance and other expressive movements used to tell a story of conflict. Its primary purpose is to provide both actors and non-actors greater awareness and control of their bodies and to provide a range of creative avenues of expression. Combat dance gives the performers a unique and …

Moments Of Trust: Sibling Responses To The Disclosure Of A Sister's Lesbian Identity, Ryan Walter Mckee

Theses and Dissertations

To better understand the responses of siblings to the disclosure of a sister's lesbian identity, eight pairs of siblings, each consisting of one lesbian participant and one of her siblings, were interviewed. Both lesbian and sibling participants were asked to discuss family relationships before disclosure (coming out), the actual disclosure, sibling reactions, parental reactions, and family relationships since disclosure. Notable results include "closeness" in sibling relationships and high levels of "trust" as strong predictors of supportive sibling responses. Siblings were also found to take on the role of confidant and counselor for their parents as they negotiated their daughters' newly-disclosed …

A Constructivist Inquiry Of Church-State Relationships For Faith-Based Organizations, Jon Eric Singletary

Theses and Dissertations

Faith-based initiatives have the potential to alter church-state relationships as they remove barriers to the public funding of human services in organizations that promote the role of values, beliefs, and other characteristics of faith. In seeking to "level the playing field" for these faith-based organizations, faith-based initiatives suggest moving away from past practices, where "religious" organizations utilized public funding for the delivery of "secular" human services, and toward the public funding support of organizations whose human service activities are based on faith in a more thoroughgoing manner.This research inquires into meanings assigned to opportunities and risks related to the public …

Parent Perceptions Of Occupational Therapy In Early Childhood Special Education Programs Following Transition From Early Intervention Programs, Anita M. Wyrick

Theses and Dissertations

A qualitative approach was used to explore the perspectives of seven parents of preschool age children with disabilities in Virginia regarding occupational therapy and the transition from early intervention (EI) to early childhood special education (ECSE). Open-ended interviews were used to collect data from each family participant and were presented as individual case reports. A cross-case analysis revealed six common categories and four overarching themes. Results indicated that the transition was viewed positively when parents saw benefits of the change and when they were oriented toward the future. Parents viewed the EI and ECSE systems as not sharing their same …

Why Expectation Damages For Breach Of Contract Must Be The Norm: A Refutation Of The Fuller And Perdue "Three Interests" Thesis, W. David Slawson

Nebraska Law Review

I. Introduction . . . . . 840

II. The Principal Institutions in a Modern Market Economy in Which Contracts Are Used . . . . . 843

A. The Institution of the Economic Market: Contracts as Bargains . . . . . 843

B. The Institution of Credit and Finance: Contracts as Property . . . . . 845

III. Meeting the Institutions' Needs . . . . . 846

A. Providing a Remedy for Every Breach . . . . . 846

B. Making Contracts Enforceable as Soon as They Are Made . . . . . 847 …

Actual Innocents: Considerations In Selecting Cases For A New Innocence Project, Daniel S. Medwed

Nebraska Law Review

I. Introduction . . . . . 1098

II. Practical Considerations . . . . . 1102

A. Defining Your Scope: Determining What Kinds of Cases You Want . . . . . 1103

1. Substance: Limitations on Case Content . . . . . 1104

2. Form: Procedural, Jurisdictional, and Other Limitations . . . . . 1109

B. Putting Theory into Practice: How Do You Get the Cases You Want? . . . . . 1114

1. Inflow: Gathering Prospective Innocence Claims . . . . . 1114

2. Outflow: Procedures for Evaluating Potential Cases . . . …

Nebraska's (More Or Less) Stable Approach To "Extreme And Outrageous Conduct" And Intentional Infliction Of Emotional Distress: Brandon Ex Rel. Estate Of Brandon V. County Of Richardson, 261 Neb. 636, 624 N.W.2d 604 (2001), Matthew M. Munderloh

Nebraska Law Review

I. Introduction . . . . . 1288

II. Factual Background of Brandon . . . . . 1290

III. Relevant Law: The Legal Framework of IIED in Nebraska . . . . . 1296

A. Section 46 of the Restatement (Second) of Torts . . . . . 1296

B. Past IIED Claims Brought Before the Nebraska Supreme Court . . . . . 1298

IV. Analysis of Brandon ex rel. Estate of Brandon v. County of Richardson . . . . . 1301

A. Brandon Is Generally Within the Parameters of Section 46 . . . . . …

The Charitable Contribution Deduction: A Historical Review And A Look To The Future, Vada Waters Lindsey

Nebraska Law Review

A taxpayer is entitled to a charitable contribution deduction for gifts of money or property made during the taxable year to nonprofit organizations. Part II of this article explores the history of U.S. Internal Revenue Code §170 from its initial enactment in 1917 through the numerous amendments since made. This part does not outline every amendment that Congress has enacted but provides sufficient detail to illustrate how the section has gone from a fairly simple provision to an extremely complex set of rules. Part III addresses various equity considerations. The first issue examined is whether charities have societal value that …

In Defense Of Client-Lawyer Confidentiality ... And Its Exceptions ..., Susan R. Martyn

Nebraska Law Review

In this article, I examine the reasons that confidentiality remains a bedrock fiduciary obligation for lawyers as well as the foundation for the attorney-client privilege. In Part II, I trace the history and purpose of this professional obligation, revealing two main moral justifications, efficient operation of the legal system and the promotion of trust and privacy in the client-lawyer relationship. In Part III, I examine these same rationales as the justification for exceptions to the fiduciary duty, focusing on the exceptions articulated by both the Restatement (Third) of the Law Governing Lawyers and the revised Model Rules of Professional Conduct. …

Multijurisdictional Practice For A Multijurisdictional Profession, Susan Poser

Nebraska Law Review

The issue of multijurisdictional practice concerns whether and to what extent lawyers can practice law in states in which they are not licensed. Under current law in Nebraska and almost every other state, it may be a violation of both the ethics rules and state law for a lawyer not licensed in that state to engage in activity that constitutes the practice of law, even on a temporary basis. This is law that is no longer practical or necessary and Nebraska should now consider modifying it. In August 2002 the ABA adopted revised Model Rule 5.5. This revised Model Rule …

Indexes To Volume 81

Nebraska Law Review

No abstract provided.

To Provide A Common Conceptual And Linguistic Vocabulary In Order To Foster Ethics Dialogue And Education: The Nebraska Supreme Court Should Adopt The Revised Model Rules—The "Bright Line" Rule Example, Stephen E. Kalish

Nebraska Law Review

Thirty years ago, the Nebraska Supreme Court adopted the American Bar Association's 1969 Model Code of Professional Responsibility. In 1983 the ABA recommended that states abandon its old Model Code and adopt its new Model Rules of Professional Conduct. In 2002 the ABA revised the 1983 version of the Model Rules, and it now recommends states adopt these revisions to the Model Rules. The most important reason Nebraska should adopt the revised Model Rules is they provide a conceptual and linguistic vocabulary for ethics dialogue and education. However, if the same words are used in different ways, conversation …

Equitable And Adequate Funding For Rural Schools: Ensuring Equal Educational Opportunity For All Students, Marty Strange

Nebraska Law Review

Since the early 1970s, state court litigation has been brought in forty-six of the fifty states, with plaintiffs asserting legal claims under state equal protection and education clauses. These lawsuits were prompted by various factors. In many southern states, inequities in school funding are vestiges of formerly racially segregated school systems outlawed in Brown v. Board of Education. Heavy reliance by states on local property assessments and taxes to pay for education is also the cause of inequities leading to litigation. Taxpayer resistance to spending on education has been another cause. Nearly all of the recent court cases involving …

The Power Of Small Schools: Achieving Equal Educational Opportunity Through Academic Success And Democratic Citizenship, Gregory C. Malhoit, Derek W. Black

Nebraska Law Review

This article begins by reviewing the democratic foundations of education and the history of school finance litigation. Then, it explains the framework by which courts and legislatures resolve these cases and implement appropriate remedies, particularly discussing the role research and expert testimony play in influencing remedies. Third, this article recounts the research findings on small schools, interpreting them in relation to the ongoing reform efforts in courts and legislatures. In Part VI, this article explores the role small schools play in fostering democratic education, a significant factor in several prominent cases. Last, this article reaches conclusions about the ultimate efficacy …

Rural Children, Rural Schools, And Public School Funding Litigation: A Real Problem In Search Of A Real Solution, John Dayton

Nebraska Law Review

Because rural schools lack the political influence of wealthier metropolitan area schools, rural schools are frequently placed at a disadvantage by state funding systems created through the legislative process. Consequently, they often fail to obtain adequate funding for their schools. Lacking the political power to achieve relief through the legislative process, rural school advocates have turned to litigation to obtain remedies. This article reviews litigation brought by advocates for rural schools since Serrano v. Priest, examines judicial responses to this litigation, and concludes with a discussion of the current and future status of funding litigation concerning rural schools.

The Impact Of Litigation On Rural Students: From Free Textbooks To School Consolidation, Robert M. Bastress

Nebraska Law Review

The past three decades have seen a historic assertion of authority by state courts in the development of a wide range of educational policies. Judicial decisions in many states have recognized a right to an education that is not only judicially enforceable but also subject to a significant degree of judicial control. Most prominent have been the decisions by twenty-six state courts that ordered overhauls of school finance systems to achieve a more equitable distribution of education resources. Courts have also addressed other issues that define the right to an education, effecting significant changes for rural education. Meanwhile, school consolidation—of …

"What's Love Got To Do With It?" "It's Not Like They're Your Friends For Christ's Sake": The Complicated Relationship Between Lawyer And Client, Robert J. Condlin

Nebraska Law Review

Should lawyers love their clients and try to be their friends? Scholars have defended the “lawyer-as-friend” analogy, but usually they have relied on a more contractual understanding of friendship compatible with traditional concepts of adversary advocacy. I will discuss lawyer-client relationships by examining two generations of scholarly argument for the lawyer-as-friend view, and a description of the approach in operation in an actual legal case. These discussions show in detail what sorts of questions a lawyer-as-friend takes up, how he or she divides or shares representational tasks with clients differently from lawyers who use more traditional approaches to legal representation, …

Patient Advocacy And Termination From Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make Any Difference?, Linda C. Fentiman

Nebraska Law Review

I. Introduction . . . . . 510

II. A Road Map . . . . . 512

III. What Is Advocacy? . . . . . 513

A. Fiduciary Duty . . . . . 513

B. Health Care Professionals’ Viewpoint . . . . . 515

C. Common Law Views on Health Care Professionals Duty to Advocate . . . . . 516

D. Advocacy - A Problem of Definitions . . . . . 519

E. How Common Is Health Care Professional Deselection? . . . . . 522

F. National Health Care Professional Data Banks . …

Congress And Accounting Scandals: Is The Pot Calling The Kettle Black?, Cheryl D. Block

Nebraska Law Review

Scandalous fraud and improper accounting practices in the private sector forced the collapse of several major corporations, including WorldCom, Enron, and Enron’s accountant, Arthur Andersen. Prosecutors have charged firms, as well as individual officers and executives, with criminal fraud, money laundering, conspiracy, and obstruction of justice in connection with the accounting scandals. Congress responded by adopting the Corporate and Auditing Accountability, Responsibility, and Transparency Act of 2002, or the Sarbanes-Oxley Act, which created an independent board to oversee the accounting industry, amended securities laws to require greater corporate responsibility, enhanced corporate financial disclosure requirements, and increased penalties for accounting fraud. …

Constitutional And Other Issues In The Application Of The Nebraska Uniform Trust Code To Preexisting Trusts, John M. Gradwohl, William H. Lyons

Nebraska Law Review

I. Introduction . . . . . 313

II. General Applicability to Trusts Created before January 1, 2005 . . . . . 317

A. Scope of Retroactive Application . . . . . 317

B. Constitutional Limitations . . . . . 318

C. Evolution of UTC Section 1106 and Its Comment . . . . . 324

D. Administrative Provisions . . . . . 327

III. Judicial Proceedings . . . . . 329

IV. Rules of Construction and Presumptions . . . . . 330

A. Clear Indication of a Contrary Intent . . . . …

The Frequency Of Redistricting In Nebraska And The Balance Between One Person, One Vote And Electoral Stability: How Often Is Too Often?, David J. A. Bargen

Nebraska Law Review

I. Introduction . . . . . 576

II. Case Progression . . . . . 579

A. Factual Background . . . . . 579

B. District Court Decision . . . . . 583

C. Nebraska Supreme Court Decision . . . . . 586

III. Analysis . . . . . 587

A. Overview of Nebraska Case Law . . . . . 587

1. Preliminary Look at Section 32-553 in State ex rel. Steinke v. Lautenbaugh . . . . . 587

2. Meaning of “Most Recent Census Data” Answered in Pelzer v. Bellevue . . …

Liturgical Inculturation: The Future That Awaits Us, Anscar J. Chupungco

Institute of Liturgical Studies Occasional Papers

(Excerpt)

Among Lutherans liturgical inculturation is not a novelty. When Martin Luther translated the Latin liturgy into German and adopted popular songs for church services, he embarked on liturgical inculturation. The vernacular, unlike Latin, is a living language and is thus a sure vehicle of culture. It expresses the people's thought and behavioral patterns and is an established bearer of their values and institutions. In short, the use of the vernacular in the liturgy is in itself a sign that inculturation has taken place.

“We Are Satisfied!” - A Sermon For The Commemoration Of St Philip, Craig Satterlee

Institute of Liturgical Studies Occasional Papers

(excerpt) Each time that I gather around this table in preparation to leave this Liturgical Institute, I feel the way I imagine Philip felt at that other table, when Jesus prepared to leave the disciples to return to God. After these days of inspiring addresses, stimulating conversations, cherished comradery, and glorious worship, like Philip, I want to squeeze out just a little more before everything comes to an end. Give me just one more conversation with someone who understands what paschal mystery means. Just once more let me join my voice with people unafraid to sing a new hymn. Just …

The Analysis And Synthesis Of Litigating A Free Appropriate Public Education (Fape) As It Relates To Students Who Are Classified As Autistic: An Investigation Of New Jersey Administrative Law Decisions, David M. Miceli

Seton Hall University Dissertations and Theses (ETDs)

.

Conditions And Issues Involving The Homeless In New York City, Louis A. Calogridis

Seton Hall University Dissertations and Theses (ETDs)

.

Teacher Development Through Action Research : A Case Study In Focused Action Research., Gillian Perrett

Australian Journal of Teacher Education

'Focused action research' was employed in a teacher inservice program which sought to develop a fusion between trainer-centred input and teacher-centred action research. The areas of input to teachers were learning strategies, thinking skills, questioning skills and the teaching of study skills. During the four months of this action research project of the teacher educators, teachers experienced two cycles of action research, one investigating their students' learning strategies and the second implementing a plan to improve some aspect of their students' learning - such as summary writing, remedial reading, hotseating, introducing group work, vocabulary-learning techniques - and wrote reports on …

'Being A Teacher' : Developing Teacher Identity And Enhancing Practice Through Metacognitive And Reflective Learning Processes., Anne Graham, Renata Phelps

Australian Journal of Teacher Education

The discourse of reflection is now firmly embedded in a range of teacher education programs in Australia and overseas. Reflective frameworks have been used by teacher educators to offset the perennial emphasis on technically prescriptive interpretations of ‘being a teacher’. Whilst these undoubtedly contribute to the personal ‘meaning making’ of neophyte teachers, particularly in relation to practical classroom experiences, there remains significant scope to integrate a more concerted reflective approach throughout other elements of the teacher education endeavour. When the language of reflection is applied only in a cursory or superficial way in the teacher education context the opportunity to …

Questions : Help Or Hindrance? Teachers' Use Of Questions With Indigenous Children With Conductive Hearing Loss., Ann Galloway

Australian Journal of Teacher Education

The development of oral language skills is an important foundation for written literacy for all children. However, where children have conductive hearing loss and consequent language impairment, the development of good oral language skills, especially those that underlie written literacy, becomes even more important. This paper discusses the use of questions during literacy focus lessons by three teachers of Indigenous students, and the way in which their use of questions serves to support or inhibit children’s opportunities to participate in classroom interaction. The paper concludes with a brief consideration of the implications of the findings for teacher education.

Why Indigenous Issues Are An Essential Component Of Teacher Education Programs, Gary Partington

Australian Journal of Teacher Education

The extensive failure of Indigenous students in school, particularly during adolescence, is a shameful characteristic of Australian education. Students who have most to gain from a successful school experience are the most likely to leave school with minimal skills and qualifications. The situation has shown little improvement over 30 years, as evidenced by the repetitious nature of articles in, for example, The Australian Journal of Indigenous Education. Government inquiries into Indigenous education, especially those addressing issues such as attendance (Bourke, Rigby & Burden, 2000), identity (Purdy, Tripcony, Boulton-Lewis, Fanshawe & Gunstone, 2000) and achievement (Department of Education, Training and Youth …