Digital Commons Network^™

The Illusion Of Law: The Legitimating Schemas Of Modern Policy And Corporate Law, Ronald Chen, Jon Hanson

Michigan Law Review

This Article is about some of the schemas and scripts that form and define our lives. It is about the knowledge structures that shape how we view the world and how we understand the limitless information with which we are always confronted. This Article is also about the "evolution of ideas" underlying corporate law and all of modern policymaking. It is about the ways in which schemas and scripts have influenced how policy theorists, policymakers, lawyers, and many others (particularly in the West) understand and approach policymaking generally and corporate law specifically. It is about both the invisibility and blinding …

All Facts Are Not Created Equal, Bryan Adamson

Faculty Articles

This article attempts to: 1) illustrate the inherent ambiguities of Rule 52(a), exacerbated by a court-created fact typology; 2) explain one of those types-the constitutional fact doctrine-and demonstrate how the Supreme Court has applied that doctrine inconsistently; and 3) explore whether the Sixth Circuit, by invoking the constitutional fact doctrine in Grutter, was attempting to extend the doctrine into the jurisprudence of Fourteenth Amendment intentional discrimination claims, or wrongfully appropriating the trial court's fact finding role.

Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell

Faculty Articles

This article reviews the state of disability law under the Americans with Disabilities Act ("ADA"), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and …

The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, David Skover, Ronald Collins

Faculty Articles

Written as the Foreword to a Symposium entitled Nike v. Kasky and the Modern Commercial Speech Doctrine, this piece tells the background stories that brought the Nike v. Kasky players to the steps of the U.S. Supreme Court and beyond. Subsequently, it explores the principles and perspectives at tension in the Nike controversy, and charts the lessons of the Nike story - legal, political, and cultural.

Hostile Member: "How Dare You!", Edward Neukrug

Counseling & Human Services Faculty Publications

[Introduction] Hostility in a group is usually manifested by some kind of blame game. For instance, hostility can be directed at another group member, the group leader(s), a real person in the individual's life, or an imaginary person or event ("It's all my dad's fault! If he was present when I was a kid my life would have turned out so much better"). Hostility can sometimes result in a group member becoming a scapegoat, particularly if more than one group member is focusing anger toward one particular person in the group. Regardless of the type of hostility being expressed, it …

The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards

Michigan Law Review

Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities?" The Court's answer was precise and straightforward: "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs ... are, by reason of the segregation complained of, …

Through The Looking Glass: The Communication Between Nonprofit Coalitions And The Community, Matthew G. Isbell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Integrating Multimedia: Demonstrations Of Student-Generated Multimedia Products Made Within Regular Content-Driven Courses, Mathew Mitchell, P Andreatta, Elena Capella

Nursing and Health Professions Faculty Research and Publications

Education doctoral students in five different courses demonstrated their understanding of key concepts though creating multimedia learning products. This demonstration looks at the use of student-generated multimedia products as a pedagogical strategy to encourage learners to think more deeply about academic content. This demonstration shares over 20 different multimedia products from these different courses. The products are encouraging since students demonstrated a deeper level of academic understanding and a higher level of student engagement.

A Study Of The Relationship Between Internet Diffusion And Culture, Ravi Nath, N.R. Vasudeva Murthy

Journal of International Technology and Information Management

The unevenness in the diffusion rates of the Internet across nations is commonly referred to as the “digital divide.” Technological, economic and political factors are often mentioned as the primary contributing factors to this digital gap. However, there is sufficient evidence in support of the proposition that a nation’s culture also plays a role in how citizens adopt and use technology innovations. This paper examines the relationship between the cultural dimensions proposed by Hofstede and the Internet adoption rate of nations. Data from sixty-two countries are used to establish a regression model and the empirical results show that cultural traits …

The Effects Of A Distractor On Reaction Time Tasks In Rats: Mode Vs. Distribution Skew, Karen Melissa Damico

Honors Theses

Animal models of attention have been used by researchers to better understand the neurophysiological basis of attention, as well as attentional disorders such as Alzheimer’s Disease and ADHD. Acetylcholine has been found to play a significant role in the ability of subjects to maintain focused attention in studies evaluating both human and animal performance. Percent omissions committed, performance accuracy, and reaction time are variables that have been interpreted by researchers as measures of attention. An alternate method for evaluating attention has been proposed that is based on dividing overall reaction time into initiation time and movement time. The initiation time …

The Biological Basis Of Commitment: Does One Size Fit All?, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

Understanding the biological roots of intimate behavior is a complex undertaking that involves the integration of evolutionary biology, evolutionary psychology, neuroscience, anthropology and sociology. Evolutionary biology describes theories that explain the persistence of certain types of behavior in terms of presumed evolutionary pressures or advantages, focusing on the human mind. Evolutionary biologists assume that behavior that maximizes the presence of associated genes in the next generation is the behavior most likely to persist. In this paper, we take the growing insights that arise from the study of the biology of attachment to frame the emerging policy choices underlying the governance …

Faculty Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Art Of War: The Protection Of Cultural Property During The "Siege" Of Sarajevo (1992-95), Megan Kossiakoff

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Networking Is Not Everything: The Factors That Led To The Eventual Decline Of The Brigate Rosse, Courtney Janos Geraci

Honors Theses

This thesis concerns the Brigate Rosse, an Italian terrorist organization that was active from the late-1960s to the mid-1980s, the networks through which the Brigate Rosse chose to work, how these networks helped/hindered the success of the Brigate Rosse, and how the murder of Aldo Moro marked the turning point in the BR s success. To gather data, T looked at primary sources, such as communications that were sent by the BR and government documents, as well as secondary sources which examined the actions of the Brigate Rosse, the networks they maintained, and the social and political circumstances of Italy …

Battling From The Bottom Up: The Alleviation Of Violence Against Women By The Non-Governmental Sector In South Africa, Shane Julia Richardson

Honors Theses

This thesis seeks to examine the work of the Non-Governmental sector in alleviating violence against women in South Africa. The first chapter analyzes VAW in two time periods—1948-1994 and the post-Apartheid era, 1994-2002. The second chapter provides an overview of the roles and methodology of NGOs in post-Apartheid South Africa and presents a list of strategies that an effective NGO must employ. Finally, Chapter 3 is a case study of POWA (People Opposing Women Abuse), a Johannesburg-based VAW NGO. The case study uses the strategies and typology laid out in Chapter 2 to evaluate the work of POWA. The researcher …

Comment On Boettke And Prychitko, Roger A. Lohmann

Faculty & Staff Scholarship

No abstract provided.

The Watermark: A Journal Of The Arts - Vol. 11.5 - 2004, University Of Massachusetts Boston

The Watermark: A Journal of the Arts (1993-2014)

No abstract provided.

Effect Of Country Of Origin Awareness On Attitudes Toward Foreign Made Products, Natalia Lentino

Honors Theses

With the globalization of the world’s marketplace and the increased competition of products and services manufactured outside of the United States, consumers are faced with new challenges when evaluating and purchasing products. Recent country-of-origin studies (e.g. studies focusing on where the product is made and how that affects a consumer’s perception of the product) have been conducted, as have studies examining the phenomenon of consumer ethnocentrism, a term used to describe a consumer’s propensity to purchase or not purchase foreign made products. The majority of consumer ethnocentrism studies have focused on the social-psychological factors affecting consumer ethnocentrism like patriotism, openness …

Investing The Wealth: Intentional Strategies For Psychology Training In Developing Countries, Mark R. Mcminn, Vitaliy L. Voytenko

Faculty Publications - Doctor of Psychology (PsyD) Program

The knowledge and skills of psychology can be useful in developing countries where indigenous mental health resources are sometimes scarce. Although it may be useful for psychologists to provide short-term training in developing countries, the potential for long-term change is best accomplished by investing in training students from developing countries, especially those committed to returning to their homeland after completing their training. Three “investment strategies” are suggested for training students from developing countries: faculty awareness, intentional mentoring, and facilitated launching. Challenges and implications for professional psychologists are discussed.

Satisfaction With Research Training In Christian Psychology Doctoral Programs: Survey Findings And Implications, Mark R. Mcminn, Peter C. Hill, Justin W. Griffin

Faculty Publications - Doctor of Psychology (PsyD) Program

Perceptions of research training at seven explicitly Christian doctoral programs in clinical psychology were assessed with a satisfaction survey. A total of 283 students, 98 alumni, and 51 faculty completed the online questionnaire. Perceived strengths include faculty-student collaboration, encouraging students to present at national meetings, respect for faculty, and effective curricula. Areas for future growth include enhanced research funding, making research mentoring available to all students, and decreasing the perceived dichotomy between clinical and research competence. Self-reported faculty and student publication and presentation rates are also presented and discussed.

Publication Frequency Among Faculty In Explicitly Christian Doctoral Programs, Mark R. Mcminn, W. Brad Johnson, Jeremy S. Haskell

Faculty Publications - Doctor of Psychology (PsyD) Program

Explicitly Ch1istian doctoral programs in professional psychology have proliferated in recent years as part of the larger trend toward professional school training. The current study is an investigation of publication rates among faculty in these programs. Based on an analysis of publication data from 1996 to 2001, faculty in explicitly Christian programs are publishing in psychology journals at rates similar to faculty in other professional schools and programs. No differences were observed between faculty in PhD and PsyD programs. Implications for students selecting doctoral programs are discussed.

Olanzapine Attenuates Cue-Elicited Craving For Tobacco, Kent E. Hutchinson, Marie-Christine Rutter Goodworth, Raymond Niaura, Robert Swift, Wallace B. Pickworth, Laura Sobik

Faculty Publications - Doctor of Psychology (PsyD) Program

Rationale: Recent biological conceptualizations of craving and addiction have implicated mesolimbic dopamine activity as a central feature of the process of addiction. Imaging, and pharmacological studies have supported a role for dopaminergic structures in cue-elicited craving for tobacco.

Objective: If mesolimbic dopamine activity is associated with cue-elicited craving for tobacco, a dopamine antagonist should attenuate cueelicited craving for tobacco. Thus, the aim of the present study was to determine whether an atypical antipsychotic (olanzapine, 5 mg) decreased cue-elicited craving for tobacco.

Method: Participants were randomly assigned to 5 days of pretreatment with olanzapine (5 mg; n=31) or were randomly assigned …

Where Is The "There" In Health Law? Can It Become A Coherent Field?, Mark A. Hall, Carl E. Schneider

Articles

Gerturde Stein complained of Oakland, "There is no there there." Churchill complained of his pudding that "it has no theme." And everybody complains of health law that it lacks an organizing principle. Health law scholars bemoan the "pathologies" of health law and its contradictory and competing "paradigms'. which form a "chaotic, dysfunctional patchwork." But it should not surprise us that any field which grows by accretion lacks a unifying idea or animating concern. And health law certainly grew by accretion. It began in the 1960s, when the Law-Medicine Center was established, concerned with medical proof in litigation, physicians' malpractice, and …

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Seattle University Law Review

This article presents the inherent contradiction between a parent- child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift. Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research. In …

Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert

Seattle University Law Review

This article examines the FCC's vigorous new approach to indecency and profanity determinations, including both the legal issues and the greater cultural, political, economic, and social contexts in which that approach is developing. Part I describes the FCC's initial decision regarding the Golden Globes' 2003 broadcast and then compares it with the March 2004 reversal. In the process, Part I lays the historical framework for the FCC's power over indecent expression on the public airwaves. Part II then contextualizes the FCC's new course of action within the framework of the ongoing cultural wars and political battles in the United States …

Genetic Effects On Alcohol Dependence Risk : Re-Evaluating The Importance Of Psychiatric And Other Heritable Risk Factors, Valerie S. Knopik, Andrew C. Heath, Pamela A F Madden, Kathleen K. Bucholz, Wendy S. Slutske, Elliot C. Nelson, Dixie Statham, John B. Whitfield, Nicholas G. Martin

Open Access Publications

No abstract provided.

Übersetzungs- Und Validierung Der Deutschen Version Des "Teenage Inventory Of Social Skills" (Tiss-D) [Translation And Validation Of The German "Teenage Inventory Of Social Skills" (Tiss-G)]., Patrick Pössel, Bettina Häußer

Faculty and Staff Scholarship

Fragestellung: Eine Reihe von Studien konnte die enge Verbindung zwischen geringer sozialen Kompetenz und psychischen Störungen bei Jugendlichen aufzeigen (z. B. Rudolph & Clark, 2001). Methode: Um das soziale Verhalten von Jugendlichen untereinander erfassen zu können, wurde das „Teenage Inventory of Social Skills“ (TISS) von Inderbitzen & Foster (1992) übersetzt und validiert. Ergebnisse: Die faktorenanalytisch ermittelten Skalen „positives Verhalten“ und „negatives Verhalten“ haben eine Interne Konsistenz von  = .86 und .85. Die Retest-Reliabilität über 13 – 18 Tage beträgt für beide Skalen r = .89. Während sich kein Zusammenhang der Skala „positives Verhalten“ mit den Syndromskalen des „Youth Self-Report“ …

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

Emily L. Gardner V. Newhouse Realty Company : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF DEFENDANT AND RESPONDENT

State Of Utah V. Mark Anthony Ott : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

SUPPLEMENTAL ADDENDUM TO OPENING BRIEF OF APPELLANT