Digital Commons Network^™

Goddess Religion : Past, Present, And Future, Nicole A. Riederer

Undergraduate Theses and Senior Projects

No abstract provided.

Music To My Ears : The Definition And Creation Of A Modern Musical, Seth Tanner Christman

Undergraduate Theses and Senior Projects

No abstract provided.

Solving The Nuisance-Value Settlement Problem: Manadatory Summary Judgment, David Rosenberg, Randy J. Kozel

Journal Articles

The nuisance-value settlement problem arises whenever a litigant can profitably initiate a meritless claim or defense and offer to settle it for less than it would cost the opposing litigant to have a court dismiss the claim or defense on a standard motion for merits review like summary judgment. The opposing litigant confronted with such a nuisance-value claim or defense rationally would agree to settle for any amount up to the cost of litigating to have it dismissed. These settlement payoffs skew litigation outcomes away from socially appropriate levels, undermining the deterrence and compensation objectives of civil liability. Yet current …

The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn

Journal Articles

The typical requisites for receiving testimony from an expert witness are that the expert be qualified in a particular subject or area of expertise, that the expert testify in opinion form or otherwise, which will help the fact finder, and that there be a proper basis for the expert's testimony. This article examines the changing meaning in the law of evidence of the expert's subject area in cases involving children. During most of the last century, where the expert witness proposed to testify concerning a new or novel scientific system, process or technique, the court applied the rule of Frye …

Structural Bias And The Need For Substantive Review, Julian Velasco

Journal Articles

One of the fundamental debates in corporate law pits the authority of the board of directors to make business decisions without judicial interference against the accountability of directors to shareholders for their decisions. The business judgment rule attests to the value ascribed to authority by providing only limited judicial review for claims of breach of the duty of care, while the entire fairness test demonstrates the value ascribed to accountability by providing far more exacting scrutiny for claims of breach of the duty of loyalty. In cases involving structural bias, however, neither doctrine is appropriate. Whenever the interests of directors …

The Theology Of The Blaine Amendments, Richard W. Garnett

Journal Articles

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom.

First, the Article considers what might be called the federalism defense of the provisions. …

Evaluation Of Learning Disabled Facilities At College Of Aeronautics And Comprehensive Development Plan Bringing The College Into Compliance With American With Disabilities Act Mandates, Vincent Driscoll

Abraham S. Fischler College of Education ETD Archive

The nature of the problem in this applied dissertation is that the College of Aeronautics (COA) is not disabled student friendly. The purpose of the study was to do an evaluation of the disabled facilities and a Development Plan at the COA, compare the facilities with the Americans With Disabilities Act (1990), and develop a campus-wide plan to implement the necessary changes.

The evaluation and developmental research methodologies were appropriate for this study. The procedures followed in included the establishment of criteria based on the ADA. Formative and summative committees were organized with experts to review and validate the criteria. …

Catalog Denison University 2004-2005

Denison University Catalogs

Denison University Course Catalog 2004-2005

Symposium: Nike V. Kasky And The Modern Commercial Speech Doctrine - Forward: The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, Ronald K.L. Collins, David M. Skover

Case Western Reserve Law Review

No abstract provided.

Learning “The True, The Good And The Beautiful” In Law School: Educating The Twenty-First Century Litigator, Michael T. Colatrella Jr.

McGeorge School of Law Scholarly Articles

The author uses the ancient Greek ideal of learning “the true, the good and the beautiful” to form a basis from which legal education can produce lawyers who will be more valuable to their clients and more fulfilled in their twenty-first century careers. To begin, the Article advocates that law schools can foster the Greek ideal of learning “the true” by increasing its focus on “collaborative advocacy” in the core curriculum instead of relying so heavily on “adversarial advocacy” that dominates the required curricula at most law schools. To pursue learning outcomes that are better aligned with the skills needed …

Earnings Management And The Business Judgment Rule: An Essay On Recent Corporate Scandals, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

Smart Growth For Community Development, Wendy Collins Perdue

Law Faculty Publications

The built environment has a profound effect on public health. For instance, community transportation policy influences pollution levels, which in turn contribute to levels of illness and death. The panelists for this session elaborate on this concept with perspectives drawn from varied experiences.

Ade 26th Annual Meeting, Indianapolis, Indiana, 12-14 November 2004, Session Summaries

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

Connection and Education: Editors and the Web--Editing Native American Materials--Editing Around Blank Spaces: Dealing with Classified, Suppressed, and Limited Access Materials--Alarums and Excursions in Literary Editing--Editors and Biography--Bombs, but Bonnets Too: Military History Projects as Sources for Social History

Memory Matters Ii: Predictors Of Self-Care Behaviors In Young Adults With Type 1 Diabetes, Sari A. Soutor

Theses and Dissertations

Type 1 diabetes and associated hypoglycemia can result in verbal memory difficulties, yet the role of memory in daily diabetes self-care has not been evaluated for young adults. Subtests from two well-standardized memory measures were administered to 34 young adults with type 1 diabetes, aged 18-29, in this pilot study. Self-care behaviors were assessed through 24-hour diabetes care interviews, while HbAlc indicated metabolic control. Verbal associative memory uniquely accounted for 12% of the variance in blood glucose testing frequency (p p p p = .06. Single-trial verbal memory uniquely predicted 10% of the variance in metabolic control (p p < .05. Importantly, memory was the only significant predictor in each model, which indicates memory, rather than overall cognitive capacity or financial/educational resources, relates to self-care behaviors/health status. Memory, a novel factor not previously evaluated in the quest to better understand daily disease management for young adults with diabetes, is significantly related to central self-care behaviors and metabolic control. Memory predictors likely warrant additional research and clinical attention such that eventually, intervention studies might identify strategies or compensatory aids that could improve young adults' self-care behaviors and health status through facilitating better memory functioning.

Interorganizational Collaboration: An Examination Of Factors That Influence The Motivation For Participation In A Collaborative Partnership Of Homeless Service Providers, Jan Marva Ivery

Theses and Dissertations

This project was a mixed methods study that examined the collaboration dimensions of Homeward's planning process and the factors that motivate organizations to participate. The study examined the collaborative strategy used by an organization called Homeward located in Richmond, Virginia. Homeward is a broker organization (Chaskin, Brown, Venkatesh, & Vidal, 2001) that was created in 1998 to mediate and nurture relationships among partnering organizations in order to facilitate the collaborative process required by the United States Department of Housing and Urban Development (HUD) to receive Continuum of Care funding. During the quantitative component of the study, a survey was sent …

Protection For Invasions Of Conversational And Communication Privacy By Electronic Surveillance In Family, Marriage, And Domestic Disputes Under Federal And State Wiretap And Store Communications Acts And The Common Law Privacy Intrusion Tort, Richard C. Turkington

Nebraska Law Review

The legality of electronic surveillance of conversations and accessing of e-mail is complicated. Several legal institutions are implicated by these activities. Section I of this article identifies the values that are at stake when electronic surveillance is employed in marriage and custodial disputes. Section II examines the legality of electronic surveillance in domestic disputes under state and federal wiretap and stored communications acts and the common law privacy intrusion tort. Section III examines the extent to which the fruits of violations of wiretap and stored communications acts or the privacy intrusion tort are excluded from divorce and custody proceedings. Section …

The Calculus Of Animal Valuation: Crafting A Viable Remedy, Margit Livingston

Nebraska Law Review

For most of recorded history, the majority of legal systems have regarded domesticated animals as a species of property. Part I of this article reviews the traditional method of valuing animals in tort cases and notes that some modern courts have expanded beyond the classic fair market value standard and have allowed pet owners to recover for the value of the pet to them or even for loss of affection and companionship. Most courts, however, still value animals according to their fair market value, and Part I asserts that this method of valuation produces severe undercompensation of pet owners in …

Nebraska And The Entrapment Defense: A Movement Toward Positional Predisposition? State V. Canaday, 263 Neb. 566, 641 N.W.2d 13 (2002), Kelly Orlando

Nebraska Law Review

Undercover agents and sting operations are utilized as a means to effectively identify criminals and enforce the law. The deception and inducement often involved in undercover operations is not in itself forbidden, but using law enforcement officials to induce an otherwise law-abiding citizen to commit a crime he or she would not have committed absent the government operation will often raise the issue of whether the defendant was entrapped. The entrapment defense is an affirmative defense asserted by individuals who, instead of challenging the existence of the elements which constitute the crime charged, alternatively argue that the methods of inducement …

Current Adaptive Functioning Of Battle Of The Bulge Combat Veterans, Christopher Bradford Gates

Seton Hall University Dissertations and Theses (ETDs)

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Stress In The American Workplace, Stacey H. Mckenzie

Seton Hall University Dissertations and Theses (ETDs)

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A Measurable Model Of Resilience, Heidi E. Keller

Seton Hall University Dissertations and Theses (ETDs)

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Are Four-Year Universities Better Than Two-Year Colleges At Preparing Students To Pass The Faa Aircraft Mechanic Certification Written Examinations?, Jeffrey Bruce Summey, Marian C. Schultz, James T. Schultz

Publications

This study evaluates differences between two-year and four-year schools offering a Federal Aviation Administration (FAA) Part 147 aviation maintenance technician program. The actual average test scores were analyzed to determine whether students from four-year university programs were better prepared for the test than students from two-year college or technical school programs. Test scores can be viewed as a direct indication of the quality of the aviation maintenance programs at these schools. The study found that there was no statistically significant difference in the test scores between two-year college and four-year university students taking the FAA examinations. These results support previous …

A Re-Examination Of The Structure And Content Of Confucius’S Version Of The Golden Rule, Bo Mou

Faculty Publications

No abstract provided.

Enronitis: Why Good Corporations Go Bad, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

The Enron problem - managers becoming extraordinarily wealthy while misleading shareholders, creditors and employees about the company's prospects and even driving it into the ground - is widely understood to be the result of too weak a legal mandate supporting the share-centered paradigm of corporate law. Paradoxically, it is also the predictable result of too strong a share-centered view of the public corporation. Share-centered corporate law creates the very problems it is meant to police. The single-valued profit maximization ethos of the share-centered corporation demands that managers teach themselves to exploit everyone around them: it is inevitable that some will …

Is Transnational Litigation Different?, Samuel P. Baumgartner

Akron Law Faculty Publications

During the last fifteen years, there has been a growing interest in litigation transcending national borders. Yet, both in the United States and in Europe, where this interest is much older, a comprehensive intellectual framework to deal with this type of litigation is hard to find. In fact, courts and procedural law reformers still approach transnational cases in the same fashion as purely domestic ones, adjusting the concepts of domestic law where they believe it necessary. This has created significant problems both for litigants seeking justice in transnational cases and for lawmakers fashioning policy specifically for the transnational setting.

In …

Gerry Spence's The Smoking Gun As A Teaching Tool, Dana K. Cole

Akron Law Faculty Publications

The Smoking Gun, is the true story of a woman and her teenage son charged in what appeared to be a hopeless murder case. At Mr. Spence’s request, Professor Cole wrote a companion manual for use by law professors interested in using Spence’s book in teaching criminal law, criminal procedure, clinical practicum, ethics, evidence or trial advocacy. The companion manual is a chapter-by-chapter synopsis of the book that highlights teachable topics and analyzes some of the skills and techniques described in the book.

Fact Sheet, Yale University Office Of Institutional Research

Fact Sheets

No abstract provided.

Jurisprudential Revolution Unlocking Human Potential In Lawrence And Grutter, Wilson R. Huhn

Akron Law Faculty Publications

The decisions of the Supreme Court in Lawrence v. Texas and Grutter v. Bollinger, stripped to their bare holdings, have little immediate effect on existing law. After Grutter, colleges and graduate schools will continue to take race into account in admitting students to enroll a diverse student body, just as they have done for the past quarter century in conformity with Justice Lewis Powell's opinion in Regents of the University of California v. Bakke. After Lawrence, laws against gay sex may no longer be enforced, but only a handful of states still had these laws on the books at the …

From Being To Doing : The Impact Of Modernization On Cultural Values, Cultural Conceptions Of Time, And Effective Leadership, Ryan S. Babiuch

Honors Theses

The foundational constructs of modernization and time conceptions are interdependent. First, I will illustrate and argue that an important relationship exists between modernization, cultural values shifts, and societal conceptions of time. In basic terms, the process of modernization and the motivations for development stimulate shifts in both cultural values and societal understandings·oftime. Second, expounding upon the relationship between modernization, cultural values, and societal conceptions of time, this project will create two different types of interpersonal cultural ethics: an "ethic of being" and an "ethic of doing." The implications of the differences between these two cultural ethics will be explored.

Foremost …

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.