Digital Commons Network^™

Arbitral Law-Making, Thomas E. Carbonneau

Faculty Scholarship

Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …

Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus

Fordham Urban Law Journal

This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …

Context Of Learning And Second Language Fluency In French: Comparing Regular Classroom, Study Abroad And Intensive Domestic Immersion Programs, Barbara F. Freed, Norman Segalowitz, Dan Dewey

Faculty Publications

We compared the acquisition of various dimensions of fluency by 28 students of French studying in three different learning contexts: formal language classrooms in an at home (AH) institution, an intensive summer immersion (IM) program, and a study abroad (SA) setting. For the purpose of oral data collection, students participated in oral interviews (similar to the Oral Proficiency Interview) at the beginning and the end of the semester and provided information regarding language use and interactions. Analyses included comparisons of gain scores as a function of the learning context and as a function of the time reported using French outside …

Inclusion Literature: Ideas For Teachers And Teacher Educators, Sharon A. Hollander Psy. D.

Electronic Journal for Inclusive Education

Inclusion is certainly a wonderful idea. Sadly, it does not happen by itself. In reality, teachers are responsible for making inclusion work in the classroom. Every day, inclusive educators are faced with the significant challenge of creating a classroom environment where all children are accepted. Children’s literature can play an important role in this effort.

Social Capital And Economic Development: Possible Links And The Implications For Economic Policy, Allan Ochieng Oginga

Masters Culminating Experiences (1993-2011)

This research project was carried out with three principle objectives. First, I provide a primer investigation of what social capital means and examine its possible relevance in the discipline of economics and I highlight some of the numerous conceptual debates surrounding the theory. Secondly, I shed light on the historical progression and time line for the implications of social capital. That is, where we were in the past, where we are at the current time and where we (as economists) are possibly heading with this into the future. Lastly, I highlight some of the major challenges in applying an empirical …

Semantic Web Research Center Report: Lsdis Lab, Research In Semantic Bioinformatics, Semantic Analytics And Semantic Web Processes, Amit P. Sheth

Kno.e.sis Publications

The LSDIS Lab advances the field of distributed information systems by researching semantic techniques for exploiting heterogeneous multimedia information and improving processes, encompassing the central promise of the Semantic Web initiative. It is pursuing cutting edge research in ontology development for demanding scientific domains, semantic heterogeneity and integration, complex relationships discovery and semantic analytics, and Semantic Web services and processes. Past work of the LSDIS lab can be characterized by keywords: semantic interoperability, syntactic and semantic metadata for text and digital media, metadata based integration of Web content, ontology-driven information systems, multi-ontology query processing, transactional workflows and workflow management. Significant …

Examining Students’ Views On The Nature Of Science: Results From Korean 6th, 8th, And 10th Graders, Sukjin Kang, Lawrence C. Scharmann, Taehee Noh

Department of Teaching, Learning, and Teacher Education: Faculty Publications

In this study, students’ views on the nature of science (NOS) were investigated with the use of a large-scale survey. An empirically derived multiple-choice format questionnaire was administered to 1,702 Korean 6th, 8th, and 10th graders. The questionnaire consisted of five items that respectively examined students’ views on five constructs concerning the NOS: purpose of science, definition of scientific theory, nature of models, tentativeness of scientific theory, and origin of scientific theory. Students were also asked to respond to an accompanying open-ended section for each item in order to collect information about the rationale(s) for their choices. The results indicated …

Meeting The Literacy Development Needs Of Adolescent English Language Learners Through Content Area Learning - Part One: Focus On Motivation And Engagement, Julie Meltzer, Edmund T. Hamann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This paper highlights the substantial overlap in recommended practices from two emerging areas of educational research: research on the academic literacy development of adolescents and research on English language learners (ELLs) in secondary schools. Specifically, this paper examines instructional principles related to the connection between students’ motivation and engagement and their literacy development as supported by both bodies of literature. These principles include making connections to students’ lives, creating responsive classrooms, and having students interact with each other and with text. This paper is the first of two papers based on the same reviews of the adolescent literacy and adolescent …

The Book Of Daniel: Composition And Reception [Review] / Edited By John J. Collins And Peter W. Flint; With The Assistance Of Cameron Vanepps., Martin T. Probstle

Andrews University Seminary Studies (AUSS)

No abstract provided.

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal

Law Faculty Publications

Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.

Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones

Law Faculty Publications

From the Summary of Argument:

In the twelve major commercial maritime nations represented by amici, a transport intermediary acts either as an agent or as a principal--depending on the facts of the case--and no legal rule requires an intermediary to act as an agent when it has not agreed to do so. When an intermediary acts as an "agent" to contract on behalf of its customer, the customer is bound by the contract between the intermediary agent and a third-party carrier, but when the intermediary assumes for itself the carrier's role in a contract with its customer, the customer will …

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Scholarly Articles in Law Reviews & Journals

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …

Constitutional And Statutory Interpretation, Kent Greenawalt

Faculty Scholarship

This article discusses relatively established theories with respect to statutory and constitutional interpretation. Written constitutions and statutes provide authoritative directions for officials and citizens within liberal democracies. The article mentions that descriptive and normative theories connect with each other in critical respects. Statutory interpretation involves the construction and application of provisions adopted by legislatures. The theoretical questions about interpreting statutes and constitutions suggest more general questions about the meaning of human communications; and scholars of philosophy of language, linguistics, literary theory, and religious hermeneutics discuss analogous issues. This article discusses an important issue in statutory interpretation that is the nature …

California's Three Strikes And We're Out: Was Judicial Activism California's Best Hope?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Darfur And The Rhetoric Of Genocide, Beth Van Schaack

Faculty Publications

The ancient concept of humanitarian intervention has become the subject of renewed debate and discussion at the inter-governmental level, within the non-governmental sector, and in the academy. This concept can be defined as the intervention into the territorial state by another state or a collective of states, with or without authorization from the United Nations Security Council, for the promotion or protection of basic human rights where the territorial state is perpetuating abuses or is unable or unwilling to provide the necessary protection to its inhabitants. Although intrigued by the concept in theory, interested parties are grappling with the specifics …

Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.

Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.

Faculty Scholarship

No abstract provided.

What Nicks’ Careless Laughter Both Reveals And Obscures - Reading Race In F. Scott Fitzgeralds’ The Great Gatsby, Caroline Brown

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Playing For Real: Drama In Colombian Schools, Gene Diaz, Zayda Sierra

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade

Toward A Definition Of National Minority, John R. Valentine

Denver Journal of International Law & Policy

No abstract provided.

Graduate And Undergraduate Catalog, 2004-2005, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2004-2005 academic year.

The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher

Vanderbilt Journal of Entertainment & Technology Law

Digitization and related technologies such as file-sharing software and wireless communications are revolutionizing how intellectual content is distributed and consumed. At the same time, the ways in which consumers have chosen to use this technology are challenging how characteristics of intellectual property ownership are defined. Some of the important rights promised to owners under the Copyright Act may begin to appear as little more than formal guarantees if the explosive trend toward unauthorized copying continues to expand. As a result, the content industry has viewed the ever-expanding footprint of digital media as a mixed blessing. While this technology promises vastly …

Nt 632 Exegesis Of Philippians, M. Robert Mulholland

Syllabi

The Greek New Testament (UBS Version) Toward an Exegetical Theology, Walter C. Kaiser Opening the Bible, Thomas Merton

Does Excessive Absence From Class Lead To Lower Levels Of Academic Achievement, Janet L. Faison

OTS Master's Level Projects & Papers

Based on this problem, the following hypothesis has been proposed: 1. Students who have higher records of absenteeism (absent four times or more during a given semester) will have lower academic achievement levels (GPA) while attending community college.

Motivators For Enrolling Children In Preschool And Child Care Programs: A Difference Between Latino And Non-Latino Parents, Barbara Andre

OTS Master's Level Projects & Papers

The goals of this study were to answer the following questions: 1. Is there a difference in the reasons why parents enroll children in daycare and preschool programs between Latino and non-Latino parents? 2. Is program cost a primary factor for both groups of parents? 3. Do both groups put equal emphasis on the development of social skills as a reason for enrollment? 4. Do both groups use friends and relatives for childcare more than they use daycare and preschool programs? 5. Is there a difference in value placed upon educating children at an early age between Latino and non-Latino …

Perspectives On Attention Deficit Hyperactivity Disorder: Executive Functions, Working Memory, And Language Disabilities, Carol Westby, Silvana Watson

Communication Disorders & Special Education Faculty Publications

The conceptualization of the nature of attention deficit hyper-activity disorder (ADHD) has changed in the last decade. ADHD is now viewed as a neurologically based condition with primary deficits in executive functions and working memory (WM). Students with ADHD have deficits in discourse organization, inferring, and monitoring that are related to their executive function and WM deficits. A large number of students with ADHD also have comorbid reading and language disabilities that exist in addition to the deficits directly associated with the ADHD. Comprehensive evaluation of students with ADHD is essential to address their specific learning needs

Hard Times And An Uncertain Future: Issues That Confront The Field Of Emotional/Behavioral Disorders, Robert A. Gable

Communication Disorders & Special Education Faculty Publications

In this article, I examine challenges to better preparing teachers of students with emotional/behavioral disorders (E/BD). Foremost among these challenges is the lack of agreement regarding a conceptual framework upon which to build quality prevention/intervention practices; instead, various authorities advocate disparate approaches, not all of which have empirical support. I assert that unresolved issues surrounding translating scientific research into classroom practice further hinder efforts to apply the most efficacious intervention options, as does our failure to exert control over the infrastructure of public education and the context in which we serve students with E/BD. Finally, I offer some modest proposals …

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist

Law Faculty Publications

No abstract provided.