Digital Commons Network^™

Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode

Duke Law Journal

No abstract provided.

Livelihoods, Security And Needs: Gender Relations And Land Reform In South Africa, Susie Jacobs

Journal of International Women's Studies

This article focuses on the land reform programme in South Africa as well as on broader questions of rural women’s needs. It draws on interviews with 47 key informants, drawn particularly from the NGO sector, carried out in 2002 and 2003. It examines the importance of ‘land’ compared with wider issues such as personal and bodily security. Despite some encouraging state initiatives, most informants felt that poorer rural women remained marginalized within the land reform programme and more generally. Needs for independent income, health, and personal security were emphasised, with secure access to land seen as potentially beneficial although not …

The Interrelationship Between Gender-Based Violence And Hiv/Aids In South Africa, Chineze J. Onyejekwe

Journal of International Women's Studies

This paper focuses on how gender-based violence intersects with HIV/AIDS in ways too devastating to be ignored. Women’s subordinate position is linked to poverty, sexual abuse/rape, and the risk to women in long-term union. The country’s pioneering steps to establish legal and judicial frameworks for dealing with these problems are discussed.

Grassroots Participation And Feminist Gender Identities: A Case Study Of Women From The Popular Sector In Metropolitan Lima, Peru, Beatriz Padilla

Journal of International Women's Studies

As women become active in grassroots organizations, they assume gender consciousness that generally leads them to adopt or experience “feminist gender identities,” which is illustrated with ethnographic material collected in Lima, Peru. I also provide a summary of the latest historical development in Peru as a framework to locate the activism of poor women as a new phenomenon arising with the “globalization crises” or the Lost Decade for Latin America. While I frame the study of women’s participation as part of social movement theory, I challenge and re-interpret traditional approaches to the study of women’s involvement and activities.

Institutionalized Powerlessness In Context: The Static And Dynamic Nature Of Women’S Status In Rural Bangladesh, Akiko Nosaka, Bradford W. Andrews

Journal of International Women's Studies

Understanding the institutional structures surrounding the social status of women is an important topic in studies of gender and inter-generational relationships. This article uses exchange theory to examine the status and familial interactions of women in rural Bangladesh throughout their lives. Overall, their status today remains low but it does fluctuate according to a highly institutionalized pattern of family-based social expectations. Furthermore, this article shows that although the institutions defining a woman’s status appear to be stable, they are also changing because of the society’s exposure to recent worldwide advances in family planning and health care.

Book Review: Clinical Aspects Of Sexual Harassment And Gender Discrimination- Psychological Consequences And Treatment Interventions, G. Asha

Journal of International Women's Studies

Review of Clinical Aspects of Sexual Harassment and Gender Discrimination- Psychological Consequences and Treatment Interventions by Sharyn Ann Lenhart

Style Effects In The Cross-Section Of Stock Returns, Melvyn Teo, Sung-Jun Woo

Research Collection Lee Kong Chian School Of Business

Using CRSP stock and mutual fund data, we find strong evidence for reversals at the style level (e.g., large value, small growth, etc.). There are significant excess and risk-adjusted returns for stocks in styles characterized by the worst past returns and net inflows. We also find evidence for momentum and positive feedback trading at the style level. These value and momentum effects are driven neither by fundamental risk nor by stock-level reversals and momentum. Taken together, the results are consistent with the style-level positive feedback trading model of Barberis and Shleifer (2003).

Towards Optimal Student Engagement In Teacher Education, Laurie Brady

Australian Journal of Teacher Education

This article, written by a teacher educator who won an AUTC National Teaching Award in 2003, focuses on the strategies that might be used in teacher education programs as distinct from addressing subject matter concerns. Endorsing the need for optimal engagement, the article posits a model combining student centred learning (arguing that some strategies by their very nature require greater degrees of student exploration and interaction); problematic and situated learning which finds an ideal expression in case method; and more far reaching expressions of field -based experience including team teaching on site, mentoring and community based professional development

Creating A Distributed Field Robot Architecture For Multiple Robots, Matthew T. Long

USF Tampa Graduate Theses and Dissertations

This thesis describes the design and implementation of a distributed robot architecture, Distributed Field Robot Architecture. The approach taken in this thesis is threefold. First, the distributed architecture builds on existing hybrid deliberative/reactive architectures used for individual robots rather than creating a distributed architecture that requires re-engineering of existing robots. Second, the distributed layer of the architecture incorporates concepts from artificial intelligence and software agents. Third, the architecture is designed around Suns Jini middleware layer, rather than creating a middleware layer from scratch or attempting to adapt a software agent architecture. This thesis makes three primary contributions, both theoretical and …

Medieval Church Norms And Fiduciary Duties In Partnership, Dennis J. Callahan

Cardozo Law Review

No abstract provided.

Volume 29, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Shawn Tock, Jonathon Krashinsky, Michael Schalke, Nate Russell

Photo Editor: Mark Dunsmuir

Low Entrepreneurship Activities Among The African-Americans Who Live In The Cleveland Inner City, Daniel Musungu Oruoch

Student Scholarship

The paper discusses business activities in the inner city of Cleveland Ohio, with specific emphasis on business creation and ownership of the African Americans in this location. The paper enables the reader to understand why there has been a lag in the establishment of African American business in comparison to their population in the inner city. In the whole of Cuyahoga County there are 33,000 businesses which have paid employees but only 932 of these are owned by African Americans who constitute 51 per cent of the population, a paltry 2.8 per cent. In the Cleveland inner city, which is …

The Three Sisters At Illinois Wesleyan University, Leslie Boelter

News and Events (Discontinued Series)

No abstract provided.

2004 November, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Morehead State University press releases for November of 2004.

The Changing Political Economy Of Party Membership, Riccardo Pelizzo

Research Collection School of Social Sciences

Although few scholars would dispute from an empirical point of view the fact that parties change their electoral strategies, ideological stances and organizational structures over time, there is not much agreement on how these changes, above all party organizational change, have to be understood from a theoretical point of view. This is especially true with regard to the transformations that party organizations have undergone from the early 1970s on. In fact, although party organizational changes in the past three decades have generally been considered to be signs of the so called party crisis, the agreement on this analytical perspective is …

Mental Disorder, Subsistence Strategies, And Victimization Among Gay, Lesbian, And Bisexual Homeless And Runaway Adolescents, Les B. Whitbeck, Xiaojin Chen, Dan R. Hoyt, Kimberly A. Tyler, Kurt D. Johnson

Department of Sociology: Faculty Publications

This study compares participation in deviant subsistence strategies, street victimization, and lifetime prevalence of five mental disorders (conduct disorder, major depressive disorder, post-traumatic stress disorder, alcohol abuse, and drug abuse) among heterosexual males and females (n = 366) and gay, lesbian, and bisexual (n = 63) homeless and runaway adolescents from the first wave of a longitudinal study of homeless youth in four Midwestern states. The results indicate that gay, lesbian, and bi¬sexual adolescents were more likely to have been physically and sexually abused by caretakers, were more likely to engage in risky survival strategies when on their own (including …

Islamic Rulings On Warfare, Sherifa D. Zuhur Dr., Youssef H. Aboul-Enein Ltcdr

Books, Monographs & Collaborative Studies

The global war on terror (GWOT) and the battles with specific Islamist groups is, to some degree, a war of ideas. With a better understanding of Islamic concepts of war, peace, and Muslim relations with non-Muslims, those fighting the GWOT may gain support and increase their efficacy. The authors explain the principles of jihad and war and their conduct as found in key Islamic texts, the controversies that have emerged from the Quranic verses of war and peace, and the conflict between liberal or moderate Islamic voices and the extremists on matters such as the definition of combatants, treatment of …

The Republican Model And Punitive Damages, David F. Partlett

San Diego Law Review

Fueled by complaints of outlandish punitive damage awards and a United States Supreme Court intent on bringing constitutional order to this corner of torts damages, a considerable literation has emerged. Commentators have examined the bases for the award of punitive damages and have applied empirical analysis to probe the legitimacy of popular criticism and the extent to which punitive damages fulfill the goals assigned to them. In this essay, I propose that punitive damages should be conceptualized in light of a republican theory of tort law with the jury as its central institution. This is ironic, since influential commentators and …

Prometheus Bound Or Loose Cannon? Punitive Damages For Pure Breach Of Contract In Canada, John D. Mccamus

San Diego Law Review

This Article examines the Supreme Court of Canada's punitive damage awards in pure breach of contract cases in recent years. The Supreme Court reaffirmed this development in its recent and leading decision in Whiten v. Pilot Insurance Co. The Court attempted to craft an approach to the awarding of punitive damages that would avoid the worst excesses of the American experience in Pilot Insurance. The author explores whether the Court succeeded in attaining that laudable objective, concluding that the decision disappoints by failing to supply a convincing reason for extending the scope of punitive damages in the contract context beyond …

Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman

San Diego Law Review

In this Article, the author argues for the explicit recognition of the "dignitary interest" as a distinct head of damages. In Part I, he analyzes recent decisions of the Supreme Court of Canada that have commented on the availability of aggravated damages. Part II identifies how the protection of dignity lies at the root of awards for aggravated damages. Part III conceptualizes what is encompassed within the "dignitary interest." Part IV contrasts a purely remedial response with those who advocate a new tort action to protect loss of dignity. Finally, the prescriptive power of explicit recognition of the dignitary interest …

Why We Write: Reflections On Legal Scholarship, Emily Sherwin

San Diego Law Review

In the Articles that follow, a group of extraordinarily successful legal scholars set out their thoughts on the enterprise of legal scholarship. Their conceptions of that enterprise vary widely. The range of their views, and of course, the very idea of a set of articles on why we write articles, suggests the uncertainty that affects the field. At the same time, most of the authors are reasonably optimistic about the value of scholarship about the law.

Legal Scholarship: A Corporate Scholar's Perspective, Jonathan R. Macey

San Diego Law Review

Using Professor Jonathan Macey's own field, corporate law, as its focal point, this Article argues that alternative approaches to legal scholarship, whatever their other merits, do not help connect the law school to other parts of the universities in which they are situated, and in face actually alienate the law school from their more intellectually rigorous campus counterparts.

California's Unfair Competition Law - Making Sure The Avenger Is Not Guilty Of The Greater Game, Mathieu Blackston

San Diego Law Review

This Comment will discuss the problems underlying California's Unfair Competition Law that eventually led to the adoption of Proposition 64. It will also assess the Proposition's method of addressing those problems, which arose due to the UCL's broad standing provision and lack of res judicata effect. Additionally, this Comment will look at outstanding issues not remedied by the recent amendments to 17200, as well as review recent judicial decisions and evaluate their success at clarifying a law that one California Supreme Court Justice has dubbed a "growth industry."

Raich V. Ashcroft: Medical Marijuana And The Revival Of Federalism, Samantha Everett

San Diego Law Review

In Raich v. Ashcroft, the Ninth Circuit ruled that the CSA was an unconstitutional exercise of congressional commerce power when applied to citizens who use marijuana that has not traveled interstate and was never intended for interstate or foreign commerce. This Casenote argues that Raich was correctly decided and should be upheld by the Supreme Court on appeal. In addition, the judiciary should continue to narrowly interpret the commerce power in order to further the fundamental purpose of our dual system of government: protection of individual rights. More specifically, courts should apply the reasoning of Raich and narrowly define the …

Doing Good, Doing Well, Howard M. Erichson

Vanderbilt Law Review

On the fiftieth anniversary of Brown v. Board of Education,' it is fitting that we should take account not only of what has become of school desegregation but also of the heroic public interest lawyer figure embodied by Thurgood Marshall. For his role as "the chief litigator for the civil rights movement," Marshall is widely regarded as a preeminent role model for public interest lawyers. Descriptions of Marshall's career as a public interest advocate emphasize not only his ability to "use the legal system as a tool for social change," but also his personal sacrifice as a lawyer who persevered …

Effects Of Shift Work On Employee Retention: An Examination Of Job Satisfaction, Organizational Commitment, And Stress-Based Explanations, Kristin Elizabeth Charles

Dissertations and Theses

Shift work is becoming increasingly prevalent in our society, with 17% of the full-time work force and 36% of the part-time work force working non-standard shifts (Beers, 2000). The goal of this study was to explore the relationships between several shift work variables and retention of employees working in a retail organization that is open 24-hours a day. Results indicated no significant differences between workers in fixed versus mixed shift schedules on job satisfaction or role stress. Contrary to my hypothesis, mixed shift workers reported higher levels of commitment and remained with the organization longer than fixed shift workers. As …

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Vanderbilt Law Review

It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …

Conducting Life History Research With Adolescents, Kristin Haglund

College of Nursing Faculty Research and Publications

This article is a commentary on the life history approach, which specifically described aspects of and offered suggestions for conducting life history research with adolescents. The life history approach is well suited to a wide variety of types of health-related inquiry. In this article, the author used an exemplar study to show how well the life history approach was suited for questions regarding adolescent issues. This approach was also a good match for the developmental skills and needs of adolescents. The author uses the strengths and weaknesses of the approach and a detailed example of how she used the life …

National Collaborative Research On How Students Learn Integration: Final Report, Rodger K. Bufford, Randall Lehmann Sorenson, Kimberly R. Derflinger, Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

A relational attachment model of how students learn integration at Rosemead and Fuller was replicated with clinical psychology doctoral students at George Fox University and Wheaton College (Illinois). Struc- tural equation modeling of multitrait-multimethod matrices tested how well faculty members could recognize what students readily identify in professors as most useful to students’ integration, and Latent Semantic Anal- ysis interpreted what students found most important.

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Michigan Law Review

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …