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2004

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The Process For Becoming A Law School Professor In The United States, Daniel H. Foote Jan 2004

The Process For Becoming A Law School Professor In The United States, Daniel H. Foote

Articles

As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …


Capitalism And Freedom -- For Whom? Feminist Legal Theory And Progressive Corporate Law,, Kellye Y. Testy Jan 2004

Capitalism And Freedom -- For Whom? Feminist Legal Theory And Progressive Corporate Law,, Kellye Y. Testy

Articles

Beginning at least in the 1980s, the version of corporate law and governance prevailing in the U.S. (as well as widely exported to other nations) was a radically privatized one, treating the corporation as a contractual arrangement for maximizing shortterm share price in a laissez faire global marketplace. Though many robust and varied social movements, many of which were bolstered by the 1999 WTO protests in Seattle, have been and are engaged in challenging this hegemony from many angles, few have found their way into corporate law reform. That is not to say, however, that there are no progressive legal …


Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski Jan 2004

Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski

Articles

As I will argue, the Court's consent-to-search cases are driven by this patriarchal ideology to maintain social structures of power disparities and to perpetuate the subordination of women, minorities, and other disempowered members of society.

We need to acknowledge the power and submission paradigm that underlies police-citizen encounters and to scrutinize the entire notion of consent. In order to confront both power and consent, I will turn to feminist critique of consent, particularly in the area of rape, and to feminist writings about choice and agency. Based on these writings I will argue that by distinguishing coerced consent to a …


Cash For Kidneys? Utilizing Incentives To End America's Organ Shortage, Steve P. Calandrillo Jan 2004

Cash For Kidneys? Utilizing Incentives To End America's Organ Shortage, Steve P. Calandrillo

Articles

This article addresses the growing organ shortage in America, analyzes current donation and procurement law, and explores both monetary and nonmonetary incentives aimed at eliminating the worsening crisis.

Part I details the law governing human organ donation. Under both the Uniform Anatomical Gift Act (“UAGA”) and the National Organ Transplant Act (“NOTA”), no donor of a human organ may receive “valuable consideration” for providing it. Congress’ intention was simply that the organ recipient be given the “gift” of life—not one which she had to purchase on the market. In reality, the consequences of the Act bear little resemblance to its …


Front Matter Jan 2004

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.


Libelle Self-Contained Anti-G Ensemble: Overcoming Negative Transfer, Michael T. Hoepfner, Marian C. Schultz, James T. Schultz Jan 2004

Libelle Self-Contained Anti-G Ensemble: Overcoming Negative Transfer, Michael T. Hoepfner, Marian C. Schultz, James T. Schultz

Journal of Aviation/Aerospace Education & Research

G-suits have changed over the years since Dr. Wilbur Franks invented the first anti-g suit. For the past decade the United States Air Force has been using the Combat Edge ensemble and the associated L-1 straining maneuver. The Air Force is now testing the Libelle Self-contained Anti-G Ensemble (SAGE); it uses a unique Libelle Straining Maneuver (LSM). The suit and the straining maneuver were determined to be valid; however, the effects of negative transfer must be addressed or it will have a significant impact on the success of this program.


Personality Characteristics Of Bulimic Behavior In College Women Analyzed With The Myers-Briggs Type Indicator, Lori Lyn Anderson Jan 2004

Personality Characteristics Of Bulimic Behavior In College Women Analyzed With The Myers-Briggs Type Indicator, Lori Lyn Anderson

Doctoral Dissertations and Projects

Eating disorders are a growing phenomenon in today's society, and adolescent women are prime candidates for this disorder. The present research study is designed to analyze bulimic behavior in college age women by administrating the Eating Disorder Inventory- 2 (Gamer, 1991), specifically focusing on the bulimia sub scale of this self-reported inventory. The purpose of the study is to measure specialized temperamental characteristics of persons demonstrating bulimic behavior as analyzed using the Myers Briggs Type Indicator (Myers-Briggs & McCaulley, 1986). The researcher surveyed 221 women from psychology classes at a private Midwest university, and each woman completed both the Eating …


Two 1/2-Year-Old Children Use Animacy And Syntax To Learn A New Noun, Jane B. Childers, C. H. Echols Jan 2004

Two 1/2-Year-Old Children Use Animacy And Syntax To Learn A New Noun, Jane B. Childers, C. H. Echols

Psychology Faculty Research

We examine how attention to animacy information may contribute to children's developing knowledge of language. This research extends beyond prior research in that children were shown dynamic events with novel entities, and were asked not only to comprehend sentences but to use sentence structure to infer the meaning of a new word. In a 4 × 3 design, animacy status (e.g., animate agent, inanimate patient) and labeling syntax (agent, patient, nonlabel control) were varied. Across most events, 21/2-year-old participants responded as if they expected animate entities to be named. However, in a prototypical (animate agent-inanimate patient) event condition, children responded …


Nursing Students' Experiences In Personal Spiritual Formation And In Provision Of Spiritual Care To Patients, Beverly Jane Cobb Jan 2004

Nursing Students' Experiences In Personal Spiritual Formation And In Provision Of Spiritual Care To Patients, Beverly Jane Cobb

Dissertations

Problem. Nursing professionals acknowledge that (a) spiritual care is part of holistic care, and (b) nursing education about spiritual care of patients is inadequate. Evidence points to the importance of personal faith and spirituality in order for the nurse to more effectively render spiritual care to patients. Enhancing knowledge about how nursing students learn spiritual care can benefit nursing education and, ultimately, patient care. This study explored how students with high faith maturity provided spiritual nursing care to patients.

Method. This study engaged phenomenological methods with a study population selected from two faith-based educational institutions. A total of 187 nursing …


Job Satisfaction And Organizational Commitment Among Teachers In Norway : A Comparative Study Of Selected Schools From Public And Private Educational Systems, Styrkår A. Dramstad Jan 2004

Job Satisfaction And Organizational Commitment Among Teachers In Norway : A Comparative Study Of Selected Schools From Public And Private Educational Systems, Styrkår A. Dramstad

Dissertations

Problem. Recruiting teachers and motivating them to stay in their jobs represents a major educational challenge in Norway. Growing demands and greater expectations on teachers are factors that have resulted in higher turnover and problems of filling vacancies.

Based on this background, the primary purpose of this study was to determine if job satisfaction is associated with organizational commitment among public and Seventh-day Adventist (SDA) teachers in Norway. The secondary purpose was to compare job satisfaction and organizational commitment between public and SDA teachers in Norway, and to establish linear combination based on the factors of job satisfaction that …


The Abnā Al-Dawla: The Definition And Legitimation Of Identity In Response To The Fourth Fitna, John P. Turner Jan 2004

The Abnā Al-Dawla: The Definition And Legitimation Of Identity In Response To The Fourth Fitna, John P. Turner

Faculty Articles

Reopens the question about the identity and provenance of the abã al-dawla of the Abbasid dynasty. Period when these individuals formed an identity; Previous definitions of abã al-dawla; Reason why they formed a collective.


A Comparison Of Kinetic Family Drawings Of Firstborn And Second-Born Siblings, Lynn Anderson Jan 2004

A Comparison Of Kinetic Family Drawings Of Firstborn And Second-Born Siblings, Lynn Anderson

Dissertations

Problem. While the Kinetic Family Drawing (KFD) is a popular assessment tool for clinicians, research on developmental issues and how siblings draw their families is lacking. The purpose of this study was to (a) describe the way siblings perceive themselves and their family interpersonal relationships as expressed in the KFD; and (b) to describe possible developmental age differences in the KFD.

Method. The KFD and a Family Dynamics Interview Schedule were administered to 50 pairs of first- and second-born children from Southwestern Michigan, ages 5-14. The data were analyzed quantitatively by the Wilcoxon Sign Test and Chi-Square, using …


Crime, Law, And The Community: Dynamics Of Incarceration In New York City, Jeffrey A. Fagan Jan 2004

Crime, Law, And The Community: Dynamics Of Incarceration In New York City, Jeffrey A. Fagan

Faculty Scholarship

Random Family (LeBlanc 2003) tells the story of a tangled family and social network of young people in New York City in which prison threads through their lives since childhood. Early on, we meet a young man named Cesar, who sold small amounts of crack and heroin in the streets near his home in the Bronx. During one of his many spells in jail, Cesar sees his father pushing a cafeteria cart in the Rikers Island Correctional Facility, New York City’s jail. Cesar had not seen his father in many years, but he was not very surprised to see him …


Personal Practical Conflicts, Joseph Raz Jan 2004

Personal Practical Conflicts, Joseph Raz

Faculty Scholarship

This preliminary reflection about practical conflicts confronting single agents does little to solve the problems conflicts create. Rather, it attempts to explain what conflicts are and what questions they raise. I suggest that we have two distinct notions of single-agent conflicts reflecting two distinct theoretical questions. The first concerns the possibility of there being a right action in conflict situations. It is the question of whether and, if so, how reasons deriving from different concerns or affecting different people can be of comparable strengths. The second concerns a sense that there is something unfortunate about conflicts and that when facing …


Psychological Sense Of Community In On-Line Learning Environments, Thomas Chris Laughner Jan 2004

Psychological Sense Of Community In On-Line Learning Environments, Thomas Chris Laughner

Dissertations

Problem. Current literature discusses differences among populations as they relate to face-to-face learning communities. However, no literature exists to determine if these same differences exist in an on-line learning environment. Since community has been closely linked to social and academic integration and success, additional research on whether populations with certain demographics feel the same absence of a sense of community in an on-line environment must be addressed. This study examines differences in psychological sense of community among students based on ethnicity, age, and sex.

Method. A revised Sense of Community Index was administered to students enrolled in at least one …


Instructional Implications Of The Michigan Educational Assessment Program As An Accountability Instrument, Daniel J. Applegate Jan 2004

Instructional Implications Of The Michigan Educational Assessment Program As An Accountability Instrument, Daniel J. Applegate

Dissertations

Problem. In Michigan, early elementary school teachers are held accountable for instructional decisions they made based on the number of children who pass the state standardized reading test, the Michigan Educational Assessment Program (MEAP). Although state officials claim the MEAP can inform instruction, no data are regularly collected to describe reading instructional practices or the relationship between current practices and the percentage of students who pass the MEAP.

Method. Using a survey instrument, this study measured the amount of instructional time Kindergarten through Grade 4 teachers reported that they devoted to the development of 19 different components or activities within …


Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan Jan 2004

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan

Faculty Scholarship

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …


The Concept Of Salvation In 19-34-Year-Old Seventh-Day Adventists Who Live In The State Of Indiana, Neva Charlotte Regal Jan 2004

The Concept Of Salvation In 19-34-Year-Old Seventh-Day Adventists Who Live In The State Of Indiana, Neva Charlotte Regal

Dissertations

Purpose of the Study. The purpose of this study was (a) to describe how the concept of salvation develops among Adventist young adults and (b) to examine the perceived influence of mentors and (c) life experiences, especially traumatic experiences, on the development of the concept of salvation and intrinsic religious motivation.

Method. This cross-sectional developmental study utilized three instruments: (a) the Salvation Concept Interview, (b) the Life Experience Interview, and (c) the Intrinsic/Extrinsic Religious Motivation Scale. Interviews were conducted with 132 individuals, and the data were analyzed descriptively and quantitatively using Spearman rho correlations and Chisquares.

Results and Conclusions. Limited …


Measuring Share Price Accuracy, Merritt B. Fox Jan 2004

Measuring Share Price Accuracy, Merritt B. Fox

Faculty Scholarship

This Article concerns how to measure share price accuracy. It is prompted by the fact that many scholars believe that the prices established in the stock market affect the efficiency of the real economy. In their view, more accurate prices increase the amount of value added by capital-utilizing enterprises as these enterprises use society's scarce resources for the production of goods and services. More accurate share prices help improve both the quality of choice among new proposed investment projects in the economy and the operation of existing real assets currently in corporate hands.

The proposition that more accurate share prices …


Psychological Versus Generic Critical Thinking As Predictors And Outcome Measures In A Large Undergraduate Human Development Course, Robert L. Williams, Renee Oliver, Susan Stockdale Jan 2004

Psychological Versus Generic Critical Thinking As Predictors And Outcome Measures In A Large Undergraduate Human Development Course, Robert L. Williams, Renee Oliver, Susan Stockdale

Faculty Articles

This article compares the predictive and outcome status of a subject-specific versus a generic measure of critical thinking in a large undergraduate course. Specifically, the predictive potential of critical thinking was assessed with respect to test performance, both for tests requiring critical thinking and for those requiring only direct recall. This paper also examines the extent to which answering practice-exam questions with embedded psychological critical thinking issues produced improvement in critical thinking. The impact of the treatment on the critical thinking of students who performed well or poorly on the course tests requiring considerable application of critical thinking was assessed.


Reading Clarence Thomas, Kendall Thomas Jan 2004

Reading Clarence Thomas, Kendall Thomas

Faculty Scholarship

Several years ago, a special issue of The New Yorker entitled "Black in America" included an extraordinary profile of U.S. Supreme Court Justice Clarence Thomas. Authored by Jeffrey Rosen, the article begins with an account of Justice Thomas's interventions in two of the most important cases decided during the Court's previous term. In the first of these cases, Missouri v. Jenkins, the Court was called upon to define the constitutional scope and limits of the federal judicial power to address racial concentration in Kansas City's public schools through salary increases and the creation of magnet programs. In the second …


Summary Of State V. Dist. Ct. (Romano), Christina Wang Jan 2004

Summary Of State V. Dist. Ct. (Romano), Christina Wang

Nevada Supreme Court Summaries

Real party in interest Robert Romano is charged in an indictment with four counts of sexual assault of a minor under fourteen years of age and ten counts of lewdness with a child under fourteen years of age. Romano and his girlfriend are the natural parents of the child victim, born May 5, 1997. In November 2002, the child allegedly told her mother that Romano had engaged in inappropriate activities with her. The mother contacted Nevada Child Protective Services and, at that agency’s request, took the child to Sunrise Hospital for evaluation. A pediatric emergency physician at Sunrise testified before …


Summary Of State, Div. Child & Family Servs. V. Dist. Ct., 120 Nev. Adv. Rep. 50, Shane Jasmine Young Jan 2004

Summary Of State, Div. Child & Family Servs. V. Dist. Ct., 120 Nev. Adv. Rep. 50, Shane Jasmine Young

Nevada Supreme Court Summaries

The State sought a writ of mandamus or prohibition challenging the district court’s oral contempt order and sanctions.


Implicit Dependency Regulation: Self-Esteem, Relationship Closeness, And Implicit Evaluations Of Close Others, Tracy Dehart, Brett Pelham, Sandra Murray Jan 2004

Implicit Dependency Regulation: Self-Esteem, Relationship Closeness, And Implicit Evaluations Of Close Others, Tracy Dehart, Brett Pelham, Sandra Murray

Psychology: Faculty Publications and Other Works

We argue that people possess implicit evaluations of close others and that dependency regulation processes moderate these implicit evaluations. Study 1 revealed that implicit evaluations of romantic partners for people with high explicit self-esteem were not contingent on how things were currently going in their relationships. In contrast, the implicit evaluations of romantic partners for people with low explicit self-esteem were contingent on how things were currently going in their relationships. That is, people with low self-esteem liked their partners’ name letters only if the relationship was currently going well. Study 2 revealed a conceptually similar pattern of results for …


Distinguishing Hope And Optimism: Two Sides Of A Coin, Or Two Separate Coins?, Fred B. Bryant, Jamie A. Cvengros Jan 2004

Distinguishing Hope And Optimism: Two Sides Of A Coin, Or Two Separate Coins?, Fred B. Bryant, Jamie A. Cvengros

Psychology: Faculty Publications and Other Works

Structural equation modeling was used to test hypotheses about (a) the dimensionality of measures of dispositional hope (the Adult Hope Scale, AHS) and dispositional optimism (the Life Orientation Test, LOT), (b) the extent and source of conceptual overlap and divergence between hope and optimism, and (c) patterns of discriminant validity for each trait. Separate two-factor models best fit the hope (Agency and Pathways, r = .68) and optimism (Optimism and Pessimism, r = -.63) data. Analyzing the combined AHS and LOT data, a measurement model with separate, correlated second-order factors of Hope and Optimism ( r = .80) provided a …


Self-Reported Versus Recorded Sleep Position: An Observational Study, Susan J. Gordon, Karen A. Grimmer, Patricia Trott Jan 2004

Self-Reported Versus Recorded Sleep Position: An Observational Study, Susan J. Gordon, Karen A. Grimmer, Patricia Trott

Internet Journal of Allied Health Sciences and Practice

Background: Patient reports of ‘usual’ and ‘recent’ sleep positions are used by allied health professionals to direct the management of waking and nocturnal musculoskeletal symptoms. However no published studies have determined if self reports of sleep position are valid, consistent or reliable. An observational study was conducted at the Centre for Sleep Research of the University of South Australia. Twelve subjects, four in each of the age groups 18 to 39 years, 40 to 59 years and 60 years and over, without any known sleep disorders or sleep-disturbing medical or emotional problems participated in the study. Subjects spent two non-consecutive …


Use Of Herbal Medications By Patients In A Conventional Health Care Setting: A Health Education Challenge, Jill Delaubenfels Jan 2004

Use Of Herbal Medications By Patients In A Conventional Health Care Setting: A Health Education Challenge, Jill Delaubenfels

Graduate Research Papers

The use of herbal medication is growing rapidly in the United States, but use of herbal medication is not without risk. This is a veritable mine field of health care risks. The federal regulation of herbal medicine as a dietary supplement raises safety and efficacy concerns. The American public lacks knowledge of herbal medicines, often believing that "natural" means "safe". Patients who combine the use of herbal medicine with conventional medicine pose challenges for health care providers. Is the health care provider aware of their patient's use of herbal medication? Is the health care provider adequately educated on the safe …


Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics, Leigh Goodmark, Catherine F. Klein Jan 2004

Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics, Leigh Goodmark, Catherine F. Klein

Scholarly Articles

In this article, we will present and examine the role play that we have used with our students. We will provide the actual text of the role play, with an explanatory narrative about how we integrated the role play into our classroom component. We will outline the reading assignments and pre-class preparation that we require. Finally, we will suggest ways that this role play can be adapted for clinical programs in other jurisdictions or in countries with other legal systems.


Negotiating Toleration: Engagement, Enforcement, And The Politics Of Recognition, Matthew S. Weinert Jan 2004

Negotiating Toleration: Engagement, Enforcement, And The Politics Of Recognition, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Toleration and Identity: Foundations in Early Modern Thought by Ingrid Creppell. New York: Routledge, 2003. 212pp.

and

How the Idea of Religious Toleration Came to the West by Perez Zagorin. Princeton: Princeton University Press, 2003. 371pp.


Children’S Health And Human Rights, Norie Nogami Jan 2004

Children’S Health And Human Rights, Norie Nogami

Human Rights & Human Welfare

One of the first international attempts to improve the health of children was by Ms.Eglantyne Jebb, a founder of Save the Children, during the aftermath of the WWI. She drafted the Geneva Declaration of the Rights of the Child, the first international children’s rights document adopted by the League of Nations in 1924. Today, in the Convention on the Rights of the Child (1989) we have a more comprehensive and near universal legal instrument for children’s rights.