Digital Commons Network^™

Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer

Tribal Law Journal

The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.

Is "Response To Intervention" The Answer To The Individuals With Disability Education Act Eligibility Mess?

Child and Family Law Journal

No abstract provided.

Toward Validation Of The Sports Behavior Checklist: A Comparison Of Attention-Deficit/Hyperactivity Disorder And Control Group Children In A Sports Environment, Aaron Clendenin

LSU Master's Theses

Data from participants (N = 124) was entered into a principal components analysis to test the factor structure of the Sports Behavior Checklist ([SBC] Johnson & Rosen, 2000). The subscales of the SBC were correlated with relevant subscales of the Conners'- Revised Parent Form ( Conners, 1997) and Social Skills Rating System (Gresham & Elliott, 1990). Both of these analyses were conducted to determine the construct validity of the instrument. Additionally, a subsample (N = 92) of low socioeconomic status individuals was used to compare groups of Attention-Deficit/Hyperactivity Disorder (n = 49) and non-clinical (n = 43) children on the …

Translating Visions Of Rationality Into Specific Legal Reforms, Joelle A. Moreno

Faculty Publications

No abstract provided.

The Dies Irae ("Day Of Wrath") And Totentanz ("Dance Of Death"): Medieval Themes Revisited In 19th Century Music And Culture, Erin Brooks

Inquiry: The University of Arkansas Undergraduate Research Journal

During the pivotal November 2002 football game of Arkansas vs. Georgia in the SEC conference championship, the Georgia marching band struck up their defensive rallying song. Instead of a typical "defense" song, the band played an excerpt of the Gregorian Sequence Dies Irae ("Day of Wrath'') from the Roman Catholic Requiem Mass. Drastically dissociated from its original medieval milieu, this musical Sequence still manages to elicit the same effect of fear and foreboding nearly a thousand years later. Precisely because of its deep musical and cultural roots, the Dies Irae occupies a significant place in history, closely intertwined from early …

Family Research Council And Roe V. Wade, Gerard V. Bradley

Journal Articles

Thirty years ago in Roe v. Wade the Supreme Court launched what it hoped would be a cultural revolution. Here are the inaugural words: "The right of privacy...is broad enough to encompass a woman's decision whether or not to terminate a pregnancy".

The revolution has progressed rapidly. The counter-strategies tried so far have been ineffective: we are no closer to overruling Roe than in 1973; the abortion liberty occupies an organizing place in our culture and politics; the number of abortions annually has remained remarkably steady over three decades.

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with assertions about the need to promote "economic development." Rather, the remarkable thing about these cases is that the courts questioned the government's right to do so. In Hawaii Housing Authority v. Midkiff, the United States Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that "public use" challenges are subject to rational-basis review. That is, so long as a taking can be justified by …

Clinical And Forensic Outcomes From The Illinois Mental Health Juvenile Justice Initiative, Mike Jenuwine, John S. Lyons, Gene Griffin, Sharon Quintenz, Michelle Sasha

Journal Articles

Objective: To address the mental health needs of youths who are arrest- ed and detained in Illinois, an initiative was designed and implemented that identified youths with psychotic or affective disorders, linked them to community services, and monitored their cases. This study assessed whether such linkage is possible and whether it improves clinical and forensic outcomes. Methods: Under the initiative, court staff refer youths who may have a mental illness to a clinical liaison. If the youth is eligible for the program, the liaison works with the family to develop a community-based action plan. For the analysis presented here, the …

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Journal Articles

Recent reports recognize that children and adolescents with undiagnosed mental illnesses make up a significant proportion of youth in the juvenile justice system. In determining how to rehabilitate youth in the juvenile justice system, judges, lawyers, and probation officers are starting to look at mental health problems as one element contributing to delinquent behavior. It is becoming more common for attorneys to request “mental health assessments” for their juvenile clients. Problems arise, however, in determining what specifically constitutes such an assessment, and in deciding what to do with this information once it is obtained. In 2001, the Illinois Cook County …

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 …

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 …

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 …

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

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.

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 …