Digital Commons Network^™

Monteverde Conservation League [Powerpoint], 2005, P. J. Benenati, Mikkel Mihlrad, Kristen Teutonico, Miguel Rosario

Monteverde Institute: Sustainable Design, Planning and Community Development

Final presentation, entirely bilingual

Monteverde Conservation League Posters--Supporting Materials--Hand Renderings, 2005, Monteverde Institute

Monteverde Institute: Sustainable Design, Planning and Community Development

Building proposals for the Monteverde Conservation League.

Market-Orientation And The Multi-Factor Productivity Of Cherokee Indian Farmers Before Removal, Matthew T. Gregg

Business Faculty Publications

The efficiency of Cherokee Indian agriculture before removal has been debated since the early nineteenth century, yet no study has employed quantitative methods to estimate the multifactor productivity of these farmers. For this investigation I employed a unique census collected in 1835 to estimate Cherokee household-level technical efficiency and scale elasticities to determine which group (classified in terms of economic and racial characteristics) within this diverse Nation achieved the highest farm productivity. The analysis reveals that among non-slaveholding Cherokee!r--the majority of Cherokee households in the Southeast--market-oriented units that were unrelated to any particular household racial composition achieved the highest …

Acer 2004-2005 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.

Acer 1980-2004 Annual Report Index, Margaret Findlay

ACER Annual Reports

No abstract provided.

If You Build It, Will They Come? Challenges In E-Learning Delivery System Choice, Jane Saber, Isaura Flores, Mary Helen Fagan, Carol Kilmon, Janith Williams, Kristina Ibitayo

Management Faculty Publications and Presentations

This study incorporates principles derived from ‘mindful technology adoption’, instructional design, technology acceptance models, and target learner needs assessments in order to determine whether or not e-learning technologies would be used by multi-organizational health administrators in their re-accreditation processes. It was initially hypothesized that these nontraditional, geographically dispersed, computer literate learners would be likely to use the elearning technologies, due to course flexibility, their full time work status, age and other variables. Results indicate that the sample had lower than expected intentions to use online learning resources, predictions that they would to use online learning resources, and plans to use …

Comparing Traditional And Agile Development Approaches: The Case Of Extreme Programming, Mary Helen Fagan

Management Faculty Publications and Presentations

Some adherents of agile development feel their approach goes against the predominant tenets of existing traditional approaches to software development, and thus can invoke fear and anxiety in practitioners. One way to understand if and how agile methods differ from existing approaches is to explore one agile approach in depth and, if possible, its philosophical underpinnings to see in what way it presents a new and different view of the software development process. This paper works to understand some of the philosophical underpinnings of Extreme Programming (XP), an agile software development approach. The study uses a qualitative data analysis approach …

Science Instruction And English Language Learners, Dekey P. Lama

Graduate Research Papers

More students with limited English proficiency attending U.S. public schools merits a reassessment of science teaching approaches so such students can succeed in these areas. Federal and state governments have initiated steps which allow school districts to lead in the development of quality science education programs to assist English language learners in science learning. Successful science teachers develop courses employing research-based curricula with relevant content and recognition of students' cultures, and English language learning needs and styles. Students' interaction with content and materials in the classroom, especially those based on related local problems, encourages their success in comprehending the relevance …

Mind The Gap: Expansion Of Texas Governmental Immunity Between Takings And Tort., Jadd F. Masso

St. Mary's Law Journal

In Jennings v. City of Dallas, the city’s wastewater collection division was dispatched to unstop a clogged sewer main but instead caused sewage to spew into the Jennings’ home with dramatic force, causing extensive damage. The Jennings subsequently filed suit against the city, alleging its actions constituted an unconstitutional taking, damaging, or destruction of their property for public use without adequate compensation in violation of Article I, § 17 of the Texas Constitution. The issue presented from the case was whether an individual citizen should be liable for such losses when the damage—as an incident to governmental action—in effect benefits …

Much Ado About Nothing - Why Desert Palace Neither Murdered Mcdonnell Douglas Nor Transformed All Employment Discrimination Cases To Mixed-Motive Essay., Matthew R. Scott, Russell D. Chapman

St. Mary's Law Journal

Abstract Forthcoming.

Unintentional Franchising., Mark H. Miller

St. Mary's Law Journal

The focus of this Article is on honest businesses that do not realize they may be legally regulated as "franchisors" or "business opportunity sellers" and subject to potentially awful consequences due to noncompliance. This Article first discusses federal and other states' laws, then the Texas Business Opportunity Act (BOA), and finally, practical and litigation consequences.

Good Cause In The Texas Rules Of Civil Procedure., Naomi Mccuistion

St. Mary's Law Journal

The Texas judiciary should give “good cause” a single meaning. Ambiguity exists concerning the phrase “good cause” amongst Texas courts. Three different standards of “good cause” currently exist in Texas including: the Stelly/Craddock standard, the Alvarado standard, and the Remington Arms standard. Under the Stelly/Craddock standard—if withdrawal of deemed admissions is requested—“good cause” is required showing the failure was unintentional as a result of an accident or mistake. Under the Alvarado standard—if the request is to offer testimony of a witness who was not timely identified—the court requires a more strict showing of “good cause” not satisfied by an attorney’s …

Superseding Attorney's Fees And Pre-Judgment Interest After House Bill 4., Jonathan Yedor, Regina M. Uhl

St. Mary's Law Journal

Supersedeas is a rule of procedure allowing a judgment debtor to suspend enforcement of a judgment “by posting security set by the trial court” during the pendency of an appeal. The purpose of it is to “protect[ ] the [prevailing] party [following trial and entry of judgment] from the risk of a later uncollectible judgment and [to] compensate[]’” the prevailing party “for delay in the entry of final judgment.” This means the changes are meant to ensure a judgment debtor does not lose the right to appeal simply because the bond on judgment is too expensive so as to be …

Kelo V. City Of New London, Tulare Lake Basin Water Storage District V. United States, And Washoe County V. United States: A Fifth Amendment Takings Primer., Christopher L. Harris, Daniel J. Lowenberg

St. Mary's Law Journal

The Takings Clause of the Fifth Amendment is a remedy available to citizens for the government's undue interference with private property rights. It operates similarly to an affirmative defense as it entitles citizens to “just compensation” when the government “takes” private property for “public use.” The Takings Clause thus embodies the idea that society values the protection of private property. The Supreme Court of the United States stated the purpose of the Takings Clause is “to bar Government from forcing citizens from bearing public burdens which, in all fairness, should be borne by the public as a whole.” Kelo v. …

Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(L)., Willy E. Rice

St. Mary's Law Journal

Economic necessity, expanding dockets, and judicial bias and unfairness are reasons for removing summary judgement practice from declaratory judgment trials in Texas. The Texas Supreme Court adopted the summary judgment rule primarily to prevent juries from considering arguably groundless causes, to reduce costs, and to increase "the efficient administration of justice." The Texas Supreme Court could prevent summary judgment practice in declaratory judgment cases. Texas's judges have the power to decide questions of fact and law when considering whether to award declaratory relief, negating the perceived need to entertain motions for summary relief. Trial judges must employ those doctrines to …

Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom

St. Mary's Law Journal

In response to domestic violence involving victims who do not wish to cooperate in the prosecution of their abuser, prosecutors endeavor to frame cases around other evidence establishing a defendant’s guilt regardless of the victim’s testimony. Domestic violence cases set for trial are being thrown out of Texas courts because of the recent U.S. Supreme Court ruling that reasserts a defendant’s right to confront his accuser in court. Prosecutors believe that strong legal arguments exist to continue successfully prosecuting abusers without the cooperation of the victim at trial. This is through the continued admission of certain hearsay statements, despite Crawford …

Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris

St. Mary's Law Journal

Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …

Leveling The Legal Malpractice Playing Field: Reverse Bifurcation Of Trials The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Dwayne J. Hermes, Jeffrey W. Kemp, Paul B. Moore

St. Mary's Law Journal

The growing public demand for perfect results is shifting the time-tested obligation of lawyers to meet the standard of care. The general public no longer deems the advice and performance of professionals as beyond reproach. While this is probably a positive development, it appears that a number of clients (and patients) are raising the bar too high by expecting and demanding a perfect result. The legal malpractice suit is in vogue, and juries are increasingly holding attorneys to be guarantors of a favorable outcome for their clients. A significant portion of legal malpractice suits are merely thinly veiled claims for …

The Business Of Law And Tortious Interference The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Alex B. Long

St. Mary's Law Journal

While few in the legal profession would refer to clients as “property”, it is difficult to think some lawyers do not believe they possess something similar to property rights in their retainer agreements with clients. Not surprisingly, a tortious interference claim is a viable option for an attorney who feels that another attorney has wrongfully “stolen” a client or otherwise interfered with the attorney’s “property.” Courts have traditionally been reluctant to hold attorneys liable for litigation conduct that results in harm to adversaries or their attorneys. Plaintiff-attorneys generally have a better chance of succeeding when they complain that another attorney—while …

Unresolved Problems In Texas Legal Malpractice Law The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Stephen E. Mcconnico, Jennifer Knauth, Robyn Bigelow

St. Mary's Law Journal

Legal malpractice jurisprudence is a dynamic and evolving area of Texas law. In its evolution, many issues have arisen regarding potential areas for attorney liability and discipline. The Texas Supreme Court opinion in Alexander v. Turtur & Associates, Inc. discusses the “suit within the suit” requirement for causation in litigation malpractice cases. The case also raised an important question—whether and in what circumstances causation should be treated as a question of law for the trial judge in the malpractice case, rather than as a question of fact for the jury. The Alexander opinion suggests that both the jury submission issues …

The Emperor's New Clothes: Cloaking Client Protection Under The New Model Court Rule On Insurance Disclosure The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Nicole D. Mignone

St. Mary's Law Journal

Traditionally, the legal profession prides itself on its ability to self-regulate and prefers to “take care of its own” in the disciplinary realm. The Model Court Rule on Insurance Disclosure (the Rule) invites an initial effort toward the legal profession’s self-regulating ideals and client protection. The Rule requires private practice attorneys to report to their state whether they plan to maintain liability insurance, which is then disclosed to the public. Unfortunately, the Rule’s ambiguous language and requirements create worrisome issues for both the attorney and client. Attorneys without malpractice insurance may be indirectly forced to obtain it. This expense could …

Legal Ethics In Capital Cases: Looking For Virtue In Roberts V. Dretke And Assessing The Ethical Implications Of The Death Row Volunteer The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., J. Caleb Rackley

St. Mary's Law Journal

Abstract Forthcoming.

Reeves V. Sanderson Plumbing Products: The Emperor Has No Clothes - Pretext Plus Is Alive And Kicking., Matthew R. Scott, Russell D. Chapman

St. Mary's Law Journal

Before the Supreme Court’s decision in Reeves v. Sanderson Plumbing Products, Inc., the Fifth Circuit’s en banc decision in Rhodes v. Guiberson Oil Tools established the proper standard of causation in employment discrimination cases. The plaintiff must prove his or her protected trait was the “determinative reason” for the challenged employment action. Following Reeves, which appeared to overrule Rhodes and the doctrine of pretext plus, the Fifth Circuit struggled with the causation question. Despite the apparent confusion, the Fifth Circuit has largely reaffirmed not only its commitment to the Rhodes pretext-plus analysis, but also the determinative-reason standard for pretext cases. …

Concert Recording 2005-12-05, Kaci Berry, Henry Runkles

Concert Recordings & Programs

Amadigi di Gaula. D'un sventurato amante / George Frideric Handel -- L'amante impaziente ; In questa tomba oscura / Ludwig van Beethoven -- Volksliedchen ; Die Soldatenbraut ; Verratene Liebe ; Mein schoner Stern / Robert Schumann -- Les angelus ; Clair de lune ; La mer est plus belle / Claude Debussy -- A charm of lullabies / Benjamin Britten -- Cinco caniones populares Argentinas / Alberto Ginastera -- Adriana lecouvreur. Acerba volutta / Francesco Cilea

English Language Learner Program At Irving Elementary : Finding A Life Preserver For Sink Or Swim Education, Pamela Argotsinger

Graduate Research Papers

Each year the United States becomes more ethnically and linguistically diverse and as a result, so do our schools. Students from non-English speaking backgrounds represent the fastest growing subset of the K-12 student population. In the 2003-2004 school year, 5.5 million school-age children were English language learners (Leos, 2004). As school districts across the country are faced with initiating and implementing programs for these learners, they must factor in the high stakes of the No Child Left Behind (NCLB) Act and the possible impact of a new group of test scores on their adequate yearly progress.

The purpose of this …

The Implementation Of Reciprocal Teaching At Central Middle School, Audrey Kimball

Graduate Research Papers

This study was designed to evaluate the implementation of Reciprocal Teaching at Central Middle School. The purpose of Reciprocal Teaching is to improve reading comprehension through the use of student/teacher collaboration. It involves teaching students strategies that help them monitor their own learning and thinking.· Reciprocal Teaching moves reading from whole class instruction to individuals. Strategies can be used at any grade level, with fiction or expository text.

Impact Of The Arts On Students' Learning, Sook Ming Kong

Graduate Research Papers

The role of the arts has been undermined for a long time in the school curriculum. Recently, a group of researchers embarked on a number of studies investigating the positive effects which the arts has on students' performance in school. The results provide an insight into the fact that students who have high involvement in the arts perform better on a variety of academic measures such as grades in English, and scores on standardized tests.

The studies also provide evidence that participation in the arts helps to reduce the drop- out rate of at-risk students and those in low SES …

Effective Strategies For Reading Improvement, Susan Pelleymounter

Graduate Research Papers

Longfellow Elementary has had a history of poor results on the Iowa Test of Basic Skills. To address the problem, many innovations have been implemented such as Small Group Reading Instruction, vocabulary building, phonemic awareness, and sight word instruction.

This study was completed in an effort to determine if what teachers did on a daily basis to teach reading had an impact on students. This is important because teachers need their teaching to be efficient and effective. Test scores must increase at our school and we need data to prove that what we are doing is worthwhile. The question for …

Implementation Of Reciprocal Teaching Strategies, Michael Sauer

Graduate Research Papers

The purpose of this study is to address the following research question: How effective are the Reciprocal Teaching Strategies in increasing reading comprehension? Peer observation and coaching were done to observe each other using the Reciprocal Teaching Strategies in the classroom. Two different observations were done, each time by a different peer coach. After each observation, the lesson which had been observed was briefly discussed. From this interaction, further suggestions for implementation could be made from our peers.

Cover And Contents

Turkish Journal of Medical Sciences

No abstract provided.