Digital Commons Network^™

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik

Law Faculty Publications

This Article examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the newly evolved application of the doctrine in juvenile court. Part III examines the ethical, legal, and practical considerations that arise when a lawyer has concerns about whether a juvenile client possesses the competence needed to participate appropriately in juvenile court proceedings.

Edith Wharton, Privacy, And Publicity, Jessica Bulman-Pozen

Faculty Scholarship

"It's the woman's soul, absolutely torn up by the roots-her whole self laid bare .... I don't mean to read another line; it's too much like listening at a keyhole." When Mrs. Touchett speaks these words in Edith Wharton's early novella, The Touchstone, we may wonder whether Wharton is mocking her own voyeuristic readership and grappling with her tenuous privacy as a professional female author. Despite her protestations, Mrs. Touchett has relished reading the letters of Mrs. Aubyn, a deceased novelist whose former lover, Stephen Glennard, has published her correspondence. It is precisely because these love letters (or "unloved letters" …

Ten Efficient Research Strategies For Distance Learning, Thomas C. Wright, Scott L. Howell

Faculty Publications

Today's distance education administrator, frequently with an expertise in another academic discipline, is also supposed to be a distance education scholar. This expectation results from the recent interest in distance learning that nearly all institutions of learning and disciplines of study have shown. More research, studies, journals, and essays about distance education also exist than at any other time.

A distance education administrator and an education research librarian at Brigham Young University have teamed up to identify ten pragmatic research strategies to help new, busy, and even a few experienced distance education administrators stay current in their field and successful …

Alexander Crombie (1762-1840) Über Die Rationalität Natürlicher Theologie, Ulrich Lehner

Theology Faculty Research and Publications

Neben William Paley (f 1805) sind auch andere bedeutende englisch-schottische Denker des 19. Jahrhunderts der Tradition der ,Theologia Naturalis1 2 3 4 gefolgt, um den Materialismus von Hume, Laplace, d’Holbach wirksam zu bekämpfen. Unter diesen ist - fast vergessen - der schottische Philosoph Alexander Crombie (1762-1840)1 mit seinem Werk „Natural Theology“2. Crombie trug keine umfangreiche naturwissenschaftliche Stoffsammlung für einen physikotheologischen Gottesbeweis zusammen, wie dies in seiner Zeit durchaus üblich war und unter oft kuriosen Namen geschah3, sondern analysierte die Aussagen der Materialisten auf ihre Konsistenz und Kohärenz hin, um ihre „intellectual flaws“ aufzudecken.4 Sein über 1200 Seiten starkes Werk steht …

Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper

Articles

Devoted fans and casual users of the Federal Rules of Civil Procedure will feel mixed emotions on contemplating the Style Project that aims to rewrite every rule from Rule 1 to the end. Well they might. The Style Project's purpose is simply stated. The Civil Rules, created in an inspired fit of creativity, have been amended repeatedly over the years. Experience has shown that even inspired initial drafting could not avoid all misadventures and that amendments drafted by successive generations wielding different drafting tools do not always fit well. The present rules can be reworked to say more clearly what …

Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia

Law Faculty Publications

This Article proceeds as follows: Part I of the Article begins by laying the statutory and constitutional foundation of "arising under" jurisdiction. The current connection between "arising under" jurisdiction and federal question jurisdiction is discussed. Part I also fully sets forth the well-pleaded complaint rule, and discusses removal jurisdiction, which is governed by the concept of "arising under" jurisdiction. As necessary background to understanding the Court's reasoning in Holmes and why the case prompts a general discussion on federal jurisdiction implications, Part I concludes by defining a district court's jurisdiction over patent cases, the Federal Circuit's appellate jurisdiction over patent …

Saving God, Robert Masson

Theology Faculty Research and Publications

No abstract provided.

Bolling Alone, Richard A. Primus

Articles

Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …

Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard

Articles

Taking your company private has never been so appealing. The collapse of the tech bubble has left many companies whose stock prices bordered on the stratospheric now trading at small fractions of their historical highs. The spate of accounting scandals that followed the bursting of the bubble has taken some of the shine off the aura of being a public company-the glare of the spotlight from stock analysts and the business press looks much less inviting, notwithstanding the monitoring benefits that the spotlight purports to confer. Moreover, the regulatory backlash against those accounting scandals has made the costs of being …

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …

Adjusting To Crawford: High Court Decision Restores Confrontation Clause Protection, Richard D. Friedman

Articles

In Crawford v. Washington, 124 S. Ct. 1354 (2004), the U.S. Supreme Court radically transformed its doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Craitiord is a very positive development, restoring to its central position one of the basic protections of the common law system of criminal justice. But the decision leaves many open questions, and all lawyers involved in the criminal justice process will have to adjust to the new regime that it creates. This article outlines and summarizes the problems with the law as it stood before Crait/brd. It then explains the theoretical …

Contracting Under Amended 2-207 (Freedom From Contract Symposium), James J. White

Articles

Amended Section 2-207 of the Uniform Commercial Code1 (the Code) states new contract rules. I call these "contract rules" to avoid the labels of contract formation and contract interpretation. These new rules cure many of the problems presented by current Section 2-2072 and remind courts that the purpose of Section 2-207 is to interpret a contract that has been made, not to see if a contract exists. One is tempted to label current Section 2-207 as a contract formation provision-and to some extent that would be right-but most of this Section's work has been in contract interpretation, not in contract …

Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine

Articles

Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …

Free To Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla

Law Faculty Publications

While the Supreme Court shirked the merits of the corporate free speech debate in Nike v. Kasky with the cryptic dispatch that the petition for a writ of certiorari was "improvidently granted," the decision of those who organized this Symposium to proceed with scholarly commentary on the case was not improvidently made. One will find no shirkers here. ...

Cross Burning: Virginia V. Black, Rodney A. Smolla

Law Faculty Publications

My first encounter with Virginia's cross-burning law was in a meeting of the Virginia ACLU Legal Panel. I sat in a group of about a dozen other volunteer lawyers listening as potential cases were presented to the panel for review. We were told the story of a Ku Klux Klan leader who had been arrested for burning a cross during a Ku Klux Klan rally conducted on a backwoods farm in southwestern Virginia, with the permission of a landowner. A copy of the Virginia cross-burning statute was distributed for us to read:

It shall be unlawful for any person or …

Chevron And Preemption, Nina A. Mendelson

Articles

This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …

Postscript: Another Look At Patane And Seibert, The 2004 Miranda 'Poisoned Fruit' Cases, Yale Kamisar

Articles

Some months after I finished writing an article that, inter alia, discussed the lower court opinions in Patane and Seibert (an article that appears elsewhere in this issue of the Journa),1 the Supreme Court handed down its decisions in those cases.2 In Patane, a 5-4 majority held admissible a Glock pistol located as a result of a failure to comply with Miranda. In Seibert, a 5-4 majority agreed with the state court that a "second confession," one obtained after the police had deliberately used a two-stage interrogation technique designed to undermine the Miranda warnings, was inadmissible. 3 In Patane, Justice …

A Case Study Of Senior Students' Perceptions Of Factors That Shape Aspirations In One Low-Income Rural Iowa High School, Louise Elizabeth Esveld

Dissertations and Theses @ UNI

Rural Iowa high school graduates from districts enrolling fewer than 600 students are more likely than their more urban peers to be economically disadvantaged as measured by eligibility for free and reduced cost meals. They are also less likely to aspire to high levels of educational attainment. Over the last decade, the percentage of graduates from small, rural schools intending to pursue any postsecondary education or training has approached or exceeded the percentage in more urban districts. However, among rural graduates with postsecondary intentions, the ranks of those students planning to pursue a four-year degree or higher remain disproportionately thin. …

Students' Views Of Classroom Management Strategies In Assertive Discipline And Constructivist Classroom Settings, Joan Carolyn Gerbo

Dissertations and Theses @ UNI

The present case study was designed to investigate third grade students' views of their teachers' behavior management strategies in two contrasting classroom types at the third grade level: an Assertive Discipline classroom that represents the behaviorist paradigm, and a constructivist classroom that emphasizes the social cognitive paradigm. Understanding students' views at this age is important because these views become the lenses through which children interpret subsequent school experiences and may provide insight into how to reduce student misbehavior in schools (Valeski & Stipek, 2001). However, limited research exists to compare third grade students' views in classrooms of teachers with different …

Description Of A Program For Social Language Intervention: “If You Can Have A Conversation, You Can Have A Relationship, Lee Robinson, Bonnie Brinton, Martin Fujiki

Faculty Publications

Adolescents with impaired language comprehension and formulation skills often experience difficulty keeping up with the linguistic and social demands of peer interaction. This clinical exchange describes an individualized treatment program designed to increase the conversational skill of an adolescent male with language impairment. Treatment focused on increasing awareness of the listener’s needs and on balancing the exchange of conversational turns. Clinical performance, parent report, and client report were used to assess outcomes.

Transnational Labor Mobilizing In Two Mexican Maquiladoras: The Struggle For Democratic Globalization, Victoria Carty

Sociology Faculty Articles and Research

The struggle to improve workers' rights in Mexican maquiladoras and export processing zones elsewhere in the world is central to the politics of global economic integration. State-centered development is increasingly compromised by supranational institutions and trade agreements. Meanwhile, multinational corporations are relocating at an unprecedented rate to overseas locations. Export processing zones are notorious for poor working conditions and result in a "race to the bottom." The maquila sector in Mexico is a prime example of this phenomenon. This article uses two case studies to examine ways in which grassroots organizing has successfully resisted low wages and poor working conditions …

Organizing In The Garment Industry In Mexico: Implications For New Social Movement Theory, Victoria Carty

Sociology Faculty Articles and Research

This paper examines attempts to improve workers' rights in the Maquila Industry in Mexico by using two case studies. It analyzes the struggles that recently occurred at the Kukdong and Duro plants. The underlying question of the research is how to balance the co-existence of market economies with effective means to ensure adequate conditions for workers, and most importantly, ensuring their right to freedom of association. Under recent forms of global economic restructuring, the state is often unwilling or unable to uphold workers' rights. To combat the present form of corporate-driven global capitalism, workers in the South, in solidarity with …

Relationship Of Effective Serve Reception Passing To Side Out Offense In Iowa City West Volleyball Matches, Craig A. Pitcher

Dissertations and Theses @ UNI

The purpose of this study was to indicate the relationship of effective serve reception to side out offense in Iowa City West volleyball matches. Subjects were member of the 2002 Iowa City West varsity volleyball team. Iowa City West volleyball team was selected for the study based on availability of game tapes throughout the 2002 season. All taped varsity matches were viewed for the study analysis. All reception passes were given a pass value of three, two, one, or zero. Each pass was also categorized into offensive outcomes, kill, play on, or error. The results of the Person correlation test …

Importance Performance Analysis Of U.S. Army Lieutenants’ Perceptions Of Morale, Welfare And Recreation Services, Jaime Sue Duncan

Dissertations and Theses @ UNI

This study is entitled the Importance Performance Analysis of U.S. Army Lieutenants' Perceptions of Morale, Welfare and Recreation Services. This present study was designed to determine customer satisfaction among lieutenants in the United States Army and to determine their perceptions of services provided by the Army Morale, Welfare, and Recreation using the importance-performance analysis. Important-performance analysis is an evaluation tool that determines the effectiveness or satisfaction of programs, activities, or tasks being studied. In 1977, Martilla and James developed this technique as a marketing approach to determine customer satisfaction. The participants were surveyed to determine the importance and performance of …

Sport Nutrition Education: A Study Of Nutritional Practices And Knowledge Among Mississippi Valley Conference High School Athletic Programs In The State Of Iowa, Sara Lynn Hallgren

Dissertations and Theses @ UNI

High school athletes are becoming more involved in nutritional supplementation and including foods in their diet high in fat and sugar through increased consumption of "convenience foods" and fast-food. These poor eating behaviors and use of supplementation are reasons why it is becoming increasingly important to bring sport nutrition education to the high school level. It is imperative these athletes receive appropriate education needed to make educated choices about food selections to meet nutritional needs for their sport and development. The purpose of this study is to determine the status of sport nutrition education among Mississippi Valley Conference high school …

Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam

Articles

In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …

A Computational Approach To Resolving Certain Issues In Spanish Stress Placement, David Eddington

Faculty Publications

Previous research into Spanish stress assignment suggests that accentuation involves learning and storing individual word tokens along with their inherent stress patterns, and analogizing on stored words when the need arises to determine the stress pattern of an unknown or unavailable word. Exactly what variables are most relevant to stress assignment has been hotly debated. In the present study, a number of analogical simulations were carried out to determine whether elements of the CV tier, syllable weight, phonemic representation, or a combination of these, best accounts for accentuation in Spanish.