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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 …

Repairing The Harm: Victims And Restorative Justice, Lawrence W. Sherman, Heather Strang

Utah Law Review

From a victim perspective, restorative justice has been shown usually to do better than the existing criminal justice system. It has met the burden of proof for benefiting one stakeholder in the process of justice. It might arguably lose that status if it is found that restorative justice also hurts offenders or communities. But in thousands of restorative justice conferences on three continents, no clear evidence has yet emerged that restorative justice has such negative side effects. Given the substantial evidence of unfairness and disrespect in the treatment of victims by criminal justice, restorative justice seems to be in a …

Restorative Justice And The Two-Track Establishment Clause, Frederick Mark Gedicks

Utah Law Review

Many restorative justice programs, however, do have religious dimensions. A circle sentencing session, for example, may open or close with a prayer or other group religious ritual. Victim-offender mediations may be structured in accordance with theological concepts such as forgiveness, repentance, or atonement, or on sectarian versions of secular ideas like apology, remorse, restitution, or reconciliation. Many would argue, in fact, that even these ostensibly secular ideas were once religious. Participants in such mediations may explicitly invoke a God or a religious belief system as the source of ethical obligations owed by offenders or victims. For instance, a mediation involving …

Cold Comfort: Law And Community In Ethan And Joel Coen's Fargo, Jeanne L. Carriere

Utah Law Review

Comfort is thus offered in Fargo-to some. The Coens subvert that comfort by making clear that the refuge of Brainerd is available only to those who participate in its normative vision. That normative vision grounds community in a uniformity that extends beyond what is required to preserve the community, such as conformity to its fundamental narrative, to neutral but noticeable traits such as appearance and racial heritage. The Coens offer no redemptive vision by which to transform Brainerd's exclusionary nomos. Marge, who combines keen intellect with sustaining humanity, is the most likely redemptive figure; but the woman who can face …

Harmonizing Rules 609 And 608(B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Utah Law Review

Testimony by live witnesses in open court forms the basis of the American trial. Today, almost anyone having relevant information is competent to testify., Fact-finders know, however, that not all testimony should be given the same weight. A witness may have failed to perceive events clearly or have forgotten important details. A witness may give ambiguous testimony or simply be lying. Cross-examination is the tool designed to reveal these defects. Cross-examiners can use several different means to suggest a witness is lying. Two of the most important are to show a witness has a criminal conviction or committed a bad …

Recent Developments In Utah Law, Timothy K. Conde, Christine M. Seaman

Utah Law Review

In First Equity Federal, Inc. v. Phillips Development, L.C.,' the Utah Supreme Court limited the two-dismissal provision of rule 41(a)(1) of the Utah Rules of Civil Procedure. The First Equity court overruled the prior precedent of Thomas v. Heirs of Braffet, which expanded the meaning of a notice of dismissal to include a perfunctory, or ex parte, motion to dismiss. The court subsequently held that the plain language of rule 41(a)(1)5 does not apply to all types of dismissals, but refers exclusively to notices of dismissal and does not apply to motions to dismiss. Thus, after First Equity, a motion …

Nafta Chapter 11: On An Environmental Collision Course With The World Bank?, David Macarthur

Utah Law Review

NAFTA is still young, and chapter 11 remains a relatively untested system. Its scheme has no real historical precedent, and thus it is hard to predict the course it will ultimately take. Still, most commentators seem to agree that the system, if left unchecked, will likely be detrimental to environmental and other publicpolicy- based actions by involved governments. This is probably especially true for less-powerful nations. NAFTA's chapter 11, in fact, as discussed above, has already had a demonstrably chilling effect on the NAFTA nations' ability to selfregulate in the name of environmental protection, at least in some instances.

Ex Parte Young And Congressional Abrogation: Can The Two Peacefully Coexist?, Julie Jensen Nelson

Utah Law Review

A conflict exists between current jurisprudence on congressional abrogation and the implementation of Ex parte Young. Ex parte Young may be used as a trump card in all situations involving the Eleventh Amendment, leaving the Eleventh Amendment hollow. Essentially, the Eleventh Amendment at this point only protects the rights of a geographical entity to not be sued; it does not protect a state's ability to function independently of congressional law.

The Creppy Directive: Security Necessity Or Just Plain Creepy? Reexamining The Richmond Newspapers Test In Light Of The Inconsistent Results Reached In Its Application To Deportation Hearings, Brian Watts

Utah Law Review

On September 11, 1978, the fourth trial of John Paul Stevenson began in a Virginia courthouse. Initially, Stevenson was convicted of second-degree murder, but the Virginia Supreme Court reversed the conviction, holding that a bloody shirt, belonging to Stevenson, had improperly been admitted into evidence. After two more mistrials, the case recommenced in front of the same judge that had presided over two of the first three trials In an apparent attempt to prevent jury contamination, the trial judge granted the defendant's motion to close the trial to the press and public. This closure ultimately prompted what one Justice called …

J2ee Vs. Microsoft Dot Net: A Qualitative And Quantitative Comparison For Building Enterprises Supporting Xml-Based Web Services, Raquel V. Clark

UNF Graduate Theses and Dissertations

Increasing speed of networks and worldwide availability has made the World Wide Web the most significant medium for information exchange. Web technologies have become more and more important as large and small businesses continue to make their presence on the web. Today's businesses have more than just a "face" on the worldwide web. The use of a web browser is no longer restricted to viewing static pages. Browsers are becoming more and more a standard interface to a multifaceted reign of programs that live on the worldwide web. Two main technologies stand out for the implementation of web applications, Sun …

A Case Study Analysis Of Five African American Male Educational Leaders, Donna Richardson

UNF Graduate Theses and Dissertations

This qualitative study was conducted to elucidate the current understandings about what is known about the African American pathway from seemingly oppressive beginnings to educational leadership positions. It was an investigation of five African American male leaders from Jacksonville, Florida, and their individual and collective perceptions on what enabled them to educationally succeed despite their humble beginnings. The study explored the similarities, differences, and historical experiences of all five of the African American male leaders purposefully chosen for this research. Two categories or types of themes were identified in this study, common background themes and common outcome themes. Six themes …

New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty

Sociology Faculty Articles and Research

"Campaigns to improve worker’s rights in export processing zones (EPZs), also referred to the maquila industry in Latin America, is an important topic analytically and politically. On theoretical and practical levels, the co-existence of market economies with effective means to ensure adequate working conditions for workers is a critical question. Underlying the issue is a vigorous debate regarding how the global economy should be governed; who or what should govern it, and whose interest is should serve (Faux, 2002)."

The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller

Scholarly Works

No abstract provided.

The New Economic Credentialing: Protecting Hospitals From Competition By Medical Staff Members, Elizabeth Weeks

Scholarly Works

This Article addresses hospitals' use of economic criteria to determine a physician's qualifications for staff privileges. Hospitals are resorting to economic conflict-of-interest credentialing policies in an attempt to ensure physicians' loyalty and mantain their own economic viability. Physicians, however, argue that entrepenurial activities are necessary for them to meet the economic challenges posed by declining reimbursement and rising insurance costs. This Article surveys the numerous legal theories that litigants and enforcement authorities could employ in attacking these new types of credentialing policies. The Article concludes that, in most jurisdictions, hospitals should be able to implement their policies in ways that …