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Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart

All Faculty Publications

The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticized. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. It concludes that the law developed to determine this “internationalization” …

Montana's Rural Elderly, Keila M. Szpaller

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Little Bit Of Paradise": Women's Search For Comfort In Late-Nineteenth Century Montana, Allison Badger

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Finding And Understanding The Elusive Self: Changing Identities In Amy Tan's The Hundred Secret Senses And Maxine Hong Kingston's The Woman Warrior, Jennifer Walworth

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bitterroot Community Dispute Resolution Center: Establishment Of A Nonprofit Alternative Dispute Resolution Center In The Bitterroot Valley Of Western Montana, Martha A. Birkeneder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Whispering In The Wind: Text And Tradition In Blackfeet Apologia, Rowland G. Freeman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Impact The Organizational Leadership Has On Selected Factors At The Georgia Commission On Equal Opportunity, Lisa L. Burroughs

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to research the impact the organizational leadership has on selected factors--climate and culture, employee retention, and employee training and development--at the Georgia Commission on Equal Opportunity (GCEO) in Atlanta, Georgia. Over the years, the GCEO had implemented several privileges in an attempt to retain and motivate the employees. These privileges were compressed work schedules, teleworking, and maintaining a high level of technology. Other benefits that were offered were paid holidays, vacations, and sick days. The question became whether these were enough to retain quality employees. Although these benefits had created longevity in a few employees, …

Improvement In Early Childhood Education Strategies, Margaret Sylvia Mcdonald Collins

Abraham S. Fischler College of Education ETD Archive

The applied dissertation was designed to improve early childhood education strategies in Hardee County 4-year-old preschool programs. By comparing 2 preschool 4-year-old groups (N = 48), this study addressed the need to increase a child’s readiness for school. The purpose of this study was to determine if teachers who utilized the Florida Department of Education developed Expectations for School Readiness Checklist ratings results to develop individual instructional strategy plans would improve the effectiveness of teachers in preparing children for kindergarten (formal schooling).

The 2 school groups were nonequivalent but held similar characteristics and demographics. The study was a blind study …

Improving Homework Completion Of Grade 6-8 Students Through Responsibility And Time Management Skills, Lisa A. Turissini

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to increase the homework completion rate of Grade 6-8 students through the teaching of responsibility and time management skills. Students’ lack of preparedness in the classroom was concerning to parents and staff. An analysis of the problem evidence indicated that there was a lack of organizational skills by the middle school students.

The writer developed a course in time management and organization skills to assist the students with balancing their school and out-of-school activities, keeping track of long and short term assignments and tests as well as daily homework requirements. Other interventions to assist with …

Implementation Of An Elementary In-School Suspension Program And Its Effects On School Climate, Carla K. Hall

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was focused on involving the staff at Goodyear Elementary School in fostering an orderly environment for student learning by implementing an In-School Suspension (ISS) program. This was an ethnographic study and provided a descriptive approach of the school’s culture and organizational structure. The applied dissertation included several initiatives in the implementation of the ISS program, which were a School Climate Inventory (SCI), organizational strategies, leadership structure, professional development, and student interviews.

Results of the applied dissertation indicated that the implementation of the ISS program had a positive impact on the school’s climate. The staff was involved in …

Improving Behavior And Academic Achievement For Students At Sandersville Elementary School, Fate R. Simmons

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to improve discipline and academic achievement at Sandersville Elementary School. This school, located in the Washington County School System, serves students in Grades 3-5. An analysis of data collected in the 2001-2002 school year revealed that 53% of the teachers were dissatisfied with student discipline, and 55% were dissatisfied with the academic climate at Sandersville Elementary School.

Planned solution strategies included a 2-part discipline and academic achievement improvement program. The program focused on helping teachers to understand and address the needs of Early Intervention Program students. The program included in-service training for teachers on specific …

Effects Of The Phoenix Program On Behavior And Academic Performance Of Participants, Grace Y. Wyatt

Abraham S. Fischler College of Education ETD Archive

This report is a formative evaluation of the Phoenix Program, an alternative program for high school students who are at risk of dropping out of school. A 1-year follow-up study of 75 of its participants indicated that the program had positive effects on students’ behavior and attendance. The study indicated that the greatest positive impact of the program was on students’ behavior. The program had minimal but positive effects on students’ academic performance.

A time series analysis was used to examine program impact. Data were collected from students, teachers, counselors, and administrators. Data that described attendance, discipline, and grades were …

Addressing The Response And Responsibility Of The Education System To The Social Concerns Of At-Risk Students In American Schools: An Evaluative Study Of A Partnership Intervention Program, Ina Dorman

Abraham S. Fischler College of Education ETD Archive

The social problems of students and society in general have changed dramatically over the past 2 decades, and school leaders are now challenged with how to address these changes effectively while preserving the integrity and purpose of an institution of learning.

This study identified the social, environmental, and behavioral issues facing students in a large, urban school district with a population of over 250,000 students. This qualitative analysis examined the data and risk factors that impact the academic achievement of students and the response by the organization leaders to respond adequately to the challenges.

The school district is situated in …

Prevention Programs For Reducing At-Risk Behaviors Involving Alcohol Abuse, Substance Usage, And Violence In High School Students Ages 14 To 17, Ismail Z. Jihad

Abraham S. Fischler College of Education ETD Archive

The problem addressed in the applied dissertation was that high school teenagers enrolled in prevention programs are not decreasing at-risk behaviors. This problem can be answered by focusing on distinct characteristics of teenagers who are enrolled in the after-school mental health and substance abuse prevention program. The at-risk behaviors demonstrated by the teenagers in the prevention program included substance abuse, crime, violence, poor academics, truancy, mental health issues, inappropriate sexual behavior, and teenage pregnancy.

The primary solutions for prevention programs to combat the causes of alcohol and substance usage in adolescents is to offer life skills such as: emotional management; …

The Development Of A Plan For The Viability Of Physical Education At Calhoun Community College With A Plan For Implementation And Evaluation, Nancy Keenum

Abraham S. Fischler College of Education ETD Archive

The current economic decline in Alabama has meant that educational institutions have had to deal with serious financial shortfalls and budget cuts. The problem facing Calhoun Community College is that funding cuts have resulted in an 80% reduction of the Physical Education department at a time when the administration has an interest in future long-term growth, physical education courses remain a viable option for students, and there is an increased awareness of the concomitant health benefits. This applied dissertation was designed to provide a comprehensive plan for the Physical Education department to meet the needs of the students by remaining …

The Creation And Implementation Of A Teacher In-Service Training Program To Change Classroom Strategies Of Teachers Of Learning Disabled Students, Samuel R. Barfell

Abraham S. Fischler College of Education ETD Archive

This applied dissertation describes a setting in an Indiana non-public school with a student enrollment of 590 students and 40 instructional faculty members. Approximately 13.3% of the student population struggled with some degree of learning deficiencies or disabilities and performed poorly in the traditional classroom.

The school does have a resource room called the Talent Development Lab where students receive academic assistance. Although students have experienced great and quantifiable success in the Talent Development Lab, there is a gap between what happens in the Lab and what happens in the classroom. The problem is that teachers have not accepted their …

Communication Competence: Does Augmentative And Alternative Communication Intervention Make A Difference?, Jessica L. Perciak

Abraham S. Fischler College of Education ETD Archive

This applied dissertation addresses the issue of communication competence as it relates to augmentative and alternative communication (AAC) intervention. Existing practices in AAC intervention are reviewed with emphasis on techniques and strategies. The current study investigated whether AAC intervention correlates to the perceived level of communication competence for individuals who use AAC. Four individuals who use an AAC high-technology device as their primary means of communication participated in this study. The AAC participants included 2 males and 2 females ranging in age from 13-55. Each AAC user interacted with the researcher at two points in time during which communicative behaviors …

Bulletin 2003-2004, Seattle University School Of Law

Viewbooks

No abstract provided.

Financial Reporting Fraud : A Practical Guide To Detection And Internal Control;, Charles R. Lundelius

Guides, Handbooks and Manuals

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 …

A Prescription For Gender: How Medical Professionals Can Help Secure Equality For Transgender People, Jennifer L. Levi

Faculty Scholarship

Transgender people have made tremendous legal gains in the last several years. We live in a period of rapid social change, hopefully approaching a time when transgender individuals and our families enjoy the same legal rights and privileges afforded to other members of society. However, we are not there yet. This essay discusses the role medical professionals must play if transgender people are to achieve full humanity in light of legal developments in the areas of employment and family law. Medical professionals are at the heart of directing and implementing policies that have an enormous effect on the lives of …

Contribution To The Speleology Of Sterkfontein Cave, Gauteng Province, South Africa, J. E. J. Martini, P. E. Wipplinger, H. F. G. Moen, A. Keyser

International Journal of Speleology

The authors present more data about the speleological aspect of the Sterkfontein Cave, famous for its bone breccia which yielded abundant hominid remains. They also briefly review the previous voluminous studies by numerous authors, which are mainly dealing with the paleontology, stratigraphy and sedimentology of the breccia. The present investigations were oriented to hitherto poorly investigated aspects such as detail mapping of the cave, its country rock stratigraphy and recording the underground extension of the basal part of the breccia body. The cave consists of a complex network of phreatic channels, developed along joints in Neoarchaean cherty dolostone over a …

Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour

Seattle University Law Review

This Article begins by discussing the nineteenth-century origins of trial by jury in Russia and the changes the system endured until the October 1917 Revolution, focusing particular attention on both the progressive exclusion of political crimes from the jurisdiction of the jury and use of alternative judicial procedures for such crimes. Next, the Article outlines the fundamental principles of the inquisitorial criminal justice system, which defined and dominated Soviet jurisprudence. Part I concludes by addressing Russia's revival of trial by jury in 1993, the specific characteristics of its new jury system, the other monumental criminal justice reforms of the 1990s, …

The Discreet Charm Of The Mixed Jury: The Epistemology Of Jury Selection And The Perils Of Post-Modernism, Peter J. Richards

Seattle University Law Review

The first section of this Article will introduce the dynamics of the relationship between two competing visions of impartiality as it has played out in the opinions of federal and state courts, including secondary sources. I call the two approaches "modernist" and "post- modernist" and examine the arguments that have sought to broaden the scope of the fair cross-section requirement in the name of the latter view, a perspective similar to that motivating the district judge in the Crown Heights case. Part II identifies the Supreme Court's opening gestures in the direction of the "post-modernist" model. Part III carries the …

Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller

Seattle University Law Review

This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …

Foreign Judgments In American And English Courts: A Comparative Analysis, Brian Richard Paige

Seattle University Law Review

Part II of this Comment provides some background on the current American scheme of foreign judgment recognition and enforcement by comparing and contrasting its three major components American common law, the Restatement (Third) of Foreign Relations Law, and the Uniform Foreign Money-Judgments Recognition Act. Part III tracks the English scheme of foreign judgment recognition and enforcement from its common law origin to its more sophisticated and streamlined foreign judgment registration system. Finally, Part IV suggests that the United States could benefit from the implementation of federal legislation that would bring foreign judgment registration procedures to American courts and provide for …

Clicks And Mortar: Taxing Multinational Business Profits In The Digital Age, Aldo Forgione

Seattle University Law Review

This Article argues that governments should abandon the treaty concept of permanent establishment and adopt international tax reforms that restore the primacy of "market country taxation of multi-national business profits promoted by domestic tax laws. Part I explores several emerging e-commerce issues that demonstrate the tension of introducing traditional tax norms to a digital environment. Part II reviews historical and recent developments in the international taxation of business profits and looks at the underlying trends and sentiments for reform of the existing system of global taxation of business income. Part III canvasses several prominent international tax reform alternatives proposed by …

A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg

Seattle University Law Review

Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …

Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston

Seattle University Law Review

The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …

Damage Control: Staking Claim To Employment Law Remedies For Undocumented Immigrant Workers After Hoffman Plastic Compounds, Inc. V. Nlrb, Elizabeth R. Baldwin

Seattle University Law Review

This Note explains why the Supreme Court's decision in Hoffman threatens to do the exact opposite of what the Court intended. Specifically, while the majority's opinion purports to maintain the integrity of IRCA, it will likely undermine the Act by encouraging employers to hire undocumented workers.' In addition to creating confusion, the Hoffman decision offends traditional notions of statutory construction by departing from both the text of the statute and the legislative intent. Furthermore, the holding has the de facto effect of forging a new way to investigate IRCA violations and grants employers a new defense to liability. Moreover, in …