Digital Commons Network^™

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …

Minimizing Truck-Car Conflicts On Highways, Srinivas Peeta, Weimin Zhou

JTRP Technical Reports

Trucks represent the predominant form of domestic freight movement. Due to the substantial increase in freight truck traffic on the nation’s highways, its influence on traffic flow performance, safety, and quality of travel experience, is garnering increased attention. Several existing studies have addressed the impacts of trucks on highway traffic flow conditions and crashes. This research models the behavior of non-truck drivers vis-à-vis their interactions with trucks by associating a “discomfort level” with every non-truck driver. This discomfort of non-truck drivers in the vicinity of trucks is assumed to be affected by situational factors such as time-of-day, weather, and ambient …

Religious Switching Does Parents' Education Matter?, Amy Adamczyk

Publications and Research

How are switching to more liberal religious preferences and apostasy affected by educational attainment? Previous research has focused on the relationship between religious adherence and college attendance. In this paper, I extend this work by looking at whether differences between parent and child educational attainment affect later religious devotion among respondents who at one time were Protestant. Using data from the 1998 General Social Survey, I test whether conservative religious commitment among college-educated children with less educated parents is different from commitment among the college-educated children of educated parents. Findings reveal that respondents who have earned an associate’s degree, but …

Assessing The Impact Of Movies Upon An Individual's Image Formation Concerning A Given Destination, Jeeyeon (Jeannie) Hahm

Electronic Theses and Dissertations

The process of watching a movie is a common way to be entertained in this day and age. There are multiple ways in which people can enjoy a movie ranging from the big screen at a commercial theater, on their home's television, or even in a car while driving. One outcome associated with watching a destination movie might be that the viewer will be compelled to visit or not the location portrayed in the movie. It is a primary assumption of this thesis that movies have the ability to create or change an individual's image of a destination by its …

Resources For Forensic Psychology., Ellen A. Sexton

Publications and Research

Libraries supporting a forensic psychology undergraduate and/or graduate level college program need to collect materials from a range of disciplines – psychology, law, psychiatry and criminal justice. In this guide I identify the major reference works, journals, databases and other resources that should be in a good forensic psychology collection.

On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler

Animal Law Review

Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.

Apes, Darwinian Continuity, And The Law, Roger S. Fouts

Animal Law Review

This article proposes that the delusional worldview that “man” is outside and above the other “defective” organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.

Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon

Animal Law Review

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.

Intention In The Law Of Property: The Law Of Unintended Consequences, John V. Orth

Faculty Publications

No abstract provided.

Causation In Antidiscrimination Law: Beyond Intent Versus Impact , Sheila R. Foster

Faculty Scholarship

Antidiscrimination law and scholarship have long been engaged in the debate over whether a discriminatory intent or disparate impact test best captures the type of discrimination the law should, or can, prohibit. This Article suggests that we move beyond this dichotomous debate and focus instead on how courts reason about discrimination cases brought under both the intent and impact doctrines. This Article identifies a distinct pattern, or framework, in the way courts reason about discrimination in both types of cases that defies neat doctrinal labels. reasoning process, which I shorthandedly refer to as "causation," is at the heart of evidentiary …

Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt

Faculty Scholarship

In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that most racialized conduct or thought is unconscious, rather than intentional, into account in their constitutional analyses of acts or policies challenged on the grounds of race. Drawing on the social science work of Erving Goffman and the ground-breaking work of Charles H. Lawrence, Professor Lenhardt argues that courts should …

The Effect Of Music On Pre-Competitive Cognitive Anxiety, Somatic Anxiety, And Self-Confidence In Male Basketball Players, Jamie Jean Blome

Dissertations and Theses @ UNI

The purpose of the present study was to examine the effect of personally-selected music on pre-competitive cognitive anxiety, somatic anxiety, and self-confidence. Intramural athletes from a collegiate university (N = 97) were randomly assigned to a music group, white noise group, or control group. The Sport Competition Anxiety Test (SCAT) and was used to measure trait anxiety, and the modified version of the Competitive State Anxiety Inventory-2 (CSAl-2) was administered to measure state anxiety and self-confidence. It was hypothesized that differences would be found in precompetitive cognitive anxiety, somatic anxiety, and self-confidence among groups. Results indicated that the music group …

Development Of A Retention Plan For African American Male Students At Midlands Technical College With A Plan For Implementation And Evaluation, Wanda Fernandopulle

Abraham S. Fischler College of Education ETD Archive

Procedures for this development study included a review of the literature, establishment of criteria, formative committee review of criteria, summative committee validation of criteria, data collection, statistical analysis of survey and interview results, review of committee feedback, and a distribution of findings and recommendations to committee members.

A development methodology was used to answer 5 research questions: (a) What does the literature reveal about intervention approaches associated with retention for African American male college students? (b) What content should be included in the African American male retention plan as identified by summative and formative committee members? (c) What is the …

Development Of A Marketing Plan For International Dual Degree Programs, Marla Friedman

Abraham S. Fischler College of Education ETD Archive

The problem was that the NSU Law Center needed to create means other than the juris doctor program to stimulate enrollment. The creation of dual degree programs was conceived with the intent to draw prospective students to apply to the Law Center. The global economy created a need for a multi-cultural and multi-lingual pool of lawyers. International dual degree law programs allow students to earn a law degree in the United States and another country by studying at a foreign law school while they are enrolled at the U.S. law school.

The research questions that were addressed included: (a) “What …

Pieter Bruegel's The Beekeepers| Protestants, Catholics, Birds, And Bees| Beehive Rustling On The Low Plains Of Flanders, Edgar W. Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Margaret Atwood's Evil Women In Lady Oracle, Cat's Eye, And The Robber Bride, Laura Gronewold

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Redesigning The Teacher Education Technology Course To Emphasize Integration, Charles R. Graham, Richard Culatta, Mitchell Pratt, Richard West

Faculty Publications

Teacher education programs in the United States are trying to equip tomorrow’s teachers with the technology skills needed to impact learning in the classroom. During the past decade there has been a realization that teaching technology skills alone is not adequate– pre-service teachers must also learn how to integrate the use of technology into their curriculum. This paper describes BYU’s instructional technology course and the design process that a team of instructors went through to redesign the course in order to put greater emphasis on technology integration. An iterative redesign approach was used. Several iterations of the course redesign will …

Instructors' Perceptions Of Higher Technological And Vocational Education Reform In Taiwan The Republic Of China, Frances Feng-Mei Chang

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Influences Of Family Leisure Patterns On Perceptions Of Family Functioning*, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

This study conducted a preliminary test of a model of family leisure functioning by examining the relationship of core and balance family leisure patterns to family cohesion and adaptability. We hypothesized that core family leisure patterns address family needs for stability, facilitate the development of cohesive relationships, and are related to perceptions of family cohesion, whereas balance family leisure patterns address family needs for change, facilitate the development of adaptive skills, and are related to perceptions of family adaptability. Findings from 2 multiple regression analyses provided preliminary support for the model. Conclusions and implications are discussed.

The Investigation Of The Perceived Predictability Of Optimism And Exercise, Adrienne M. Carlson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Self-Efficacy As A Predictor Of Skills Use And As A Treatment Outcome Measure For Dialectical Behavior Therapy Skills Training Modules, Christopher S. Miller

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Nutrition And Bone Health In Female Athletes : A Nutrition Assessment For Coaches And Athletes, Kimberly Dawn Whitish

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Laying On Of Language: Representations Of The Body In Healthcare Discourse., Jennifer E. Moffat

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Us Vs. Them: Dualism And The Frontier In History., Jonathan Joseph Wlasiuk

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Examining The Built Environment Of Missoula's Central Business District., Jill M. Patrick

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Faking It: Emotional Labor And Prostitution, Mary Pat Dutton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Novel Multidisciplinary Approach To The Treatment Of Chronic Pain, Erica L. Shertzer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sustaining Schools In A Rural Montana Community, Martha Cheney

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.