Digital Commons Network^™

An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos

Honors Program Theses

Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.

Private Dispute Resolution In The Card Context: Structure, Reputation, And Incentives, Andrew P. Morriss, Jason Korosec

Faculty Scholarship

Explosive growth in credit, debit, and other card payment systems in recent years has produced a parallel growth in private dispute resolution systems based on the web of contracts entered into by merchants, merchant acquirers, consumers, card issuers, card associations, and transaction processors. These contracts have produced legal systems based on contract and the enforcement of which rests primarily on reputational constraints. To cost-effectively resolve disputes, these private legal systems have evolved innovative procedures using resources at the lowest-possible level, including incentive-payments for producing information and rigid deadlines for parties' actions. This paper describes and analyzes these legal systems and …

The Free Trade Area Of The Americas: Assessing The Potential Of Hemisphere-Wide Free Trade, Andrea M. Smiens

Honors Program Theses

In December of 1994, the United States and the other thirty-three heads of state from the democracies in the western hemisphere met in Miami to discuss the creation of a hemispherewide free trade area, known as the Free Trade Area of the Americas. Negotiations for the free trade agreement were set for completion by January of 2005, with implementation by December 31, 2005. Ten years later, the idealistic ambitions seem to have dimmed and the western hemisphere seems as far from agreement as ever. Amidst security concerns, conflicting interests and vastly different levels of development, is there any hope?

When Messages Are The Medium: Researching Best Practices In Online Education, Sharon S. Kleinman

Iowa Journal of Communication

This paper discusses a comparative case study of online media history courses designed from the constructivist perspective (Moon, 1999). Data were collected using online participant observation, the course management systems automated tracking of students' course website usage, and online questionnaires. Data were analyzed/or insights regarding factors affecting student participation, satisfaction, and achievement. Innovative strategies for designing online learning environments that encourage interaction, active learning, and academic integrity were field-tested and critiqued. Among the innovations that shaped "classroom" dialogue and fostered an active learning community were: (1) using and publicizing the course management systems capabilities for tracking students' course website usage, …

The Public Library As A Public Forum: The (De)Evolution Of A Legal Doctrine, John N. Gathegi

School of Information Faculty Publications

When dealing with First Amendment free speech issues in the context of public libraries, courts have merely cited the supposition that constitutional public forum analysis leads to the conclusion that the public library is a limited public forum for the purposes of First Amendment analysis. By focusing narrowly on the issue of whether Internet access in libraries constitutes a public forum, and determining that it does not, the U.S. Supreme Court not only misses an opportunity to refine the concept of the public forum in modern-day terms but also somehow implies that public library activities are different from other speech …

Humanizing Information Technology By Julian Warner, Vicki Gregory

School of Information Faculty Publications

No abstract provided.

A Comparative Analysis Of The Impact Of Experimental Use Exemptions In Patent Law On Incentives To Innovate, Kevin Iles

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku

Hofstra Law Faculty Scholarship

For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …

War Or Peace: It’S Time To Ratify The 1954 Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflicts, Juli Campagna

Hofstra Law Faculty Scholarship

It is time for the United States to reaffirm its recognition of the equal rights of all world people to their cultural inheritance. Our reputation depends on it.

In this Article, I will first discuss the rampant looting and destruction of civilization's cultural property occurring in Iraq since the American-led occupation. The U.S. Department of Defenses's response to this violation of international law is: "stuff happens." In arguing that the United States must ratify and adhere to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, I then will consider the historical development …

Introduction To The Metaphors Of Corporate Law, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Corporate law is commonly viewed as merely an aspect of property, contract, or agency law. The corporation, in turn, is variously described as a thing to be owned, a moment in the market consisting of continuously renegotiated arms-length contracts between equals, an agency relationship characterized by the one-sided fiduciary duty of agent to principal, a formal device for distributing risk among investors, or even an individual in its own right. These metaphors contradict each other in many respects. However, each portrays corporations as private, individualized, egalitarian, and market-like, while hiding their organizational, institutional, political, and power distributing aspects. The metaphors …

Structural Conflicts In Judicial Interpretations Of Customary International Law, Julian G. Ku

Hofstra Law Faculty Scholarship

The use of customary international law ("CIL") by courts in the United States, long the subject of debate among scholars, has finally come to the attention of the Supreme Court. In the last few years, the Court has interpreted and applied CIL to interpret provisions of the U.S. Constitution, to interpret statutes and treaties, and as a substantive rule of decision. While the Supreme Court's renewed interest in customary international law has drawn much praise, it has also sparked sharp criticism. The purpose of this symposium essay is not to recapitulate these disagreements, but instead, to identify a different problem …

Law Firm General Counsel As Sherpa: Challenges Facing The In-Firm Lawyer’S Lawyer, Susan Saab Fortney

Hofstra Law Faculty Scholarship

This article addresses the increasing trend in law firms appointing general counsel. Part I of this article provides an overview of the frequency of law firms employing the services of general counsel and the different roles general counsel may assume in law firms. Part II outlines the duties of general counsel in advising the firm on matters related to firm structure. Part III observes that general counsel may play an important role in helping law firms choose the most appropriate method to compensate its lawyers to achieve the desired results. Part IV stresses the importance of the preventative measures general …

Review Of Sociology: A Guide To Reference And Information Sources, Kathyanne W. Dobda

Michael Schwartz Library Publications

This article is a book review of Sociology: A Guide to Reference and Information Sources by Lori Fielding, James Nalen,and Stephen H. Aby.

Being And Living In Research: A Discussion On Cultural Experience And Cultural Identity As Referents In Knowledge Production, Theodorea Berry

Faculty Publications

Discusses the utilization of cultural identity and cultural experience of students as central referents in knowledge production by teacher-educators in the U.S. Role of autobiographies in knowledge construction; Information on engaged pedagogy; Reasons behind a few number of women of color who choose teaching as a profession; Advantages of knowing the cultural identity and experiences of students.

A Practical Guide To Chinese Patent Law, Cynthia Smith

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Examining Flow States And Motivational Perspectives Of Ashtanga Yoga Practitioners, Leslie Lynn Phillips

University of Kentucky Doctoral Dissertations

Flow state refers to an optimal psychological experience and is associated with a number of experiential qualities one of which is complete absorption in the task at hand. Self-determination theory provides a framework for examining the relation between different types of motivation and flow because it distinguishes among different forms of motivation based on the degree that they can be considered self-determined. Although flow has been studied among athletes and, to a lesser degree, exercisers, no studies have focused on the flow experiences of yoga practitioners. Yoga, which originated in India, has been gaining popularity in the United States. The …

The Doctrine Of Preemptive Self-Defense, Sean D. Murphy

Villanova Law Review (1956 - )

No abstract provided.

Caring And Relationships: Developing A Pedagogy Of Caring, Nelson E. Soto

Villanova Law Review (1956 - )

No abstract provided.

Review Of Managing Your Internet & Intranet Services: The Information Professional’S Guide To Strategy, David Lodwick

Michael Schwartz Library Publications

Review of Managing Your Internet & Intranet Services: The Information Professional’s Guide to Strategy

Co 515 Forgiveness In Counceling, Virginia Todd Holeman

Syllabi

Required Course Texts: Hargrave, T. (2001). Forgiving the Devil: Coming to terms with damaged relationships. Phoeniz, AZ: Zeig, Tucker & Theisen, Inc. Holeman, V. T. (2004). Reconcilable Differences: Hope and Healing for Troubled Marriages. Downers Grove, IL: InterVarsity Press. Jones, G. (1995). Embodying Forgiveness. Grand Rapids, MI: Wm. B. Eerdmans. Nowuen, H. J.M. (1992). The Return of the Prodigal Son. New York: Image Books. Shults, F. L., & Sandage, S. J. (2003). The Faces of Forgiveness. Grand Rapids, MI: Baker Academic. Worthington, E.L. (2003). Forgiving and Reconciling: Bridges to Wholeness and Hope. Downers Grove, IL: InterVarsity Press.

Ch 502 Church History Ii, Paul W. Chilcote

Syllabi

Required Texts: Justo Gonzalez, The Story of Christianity, 2 (Story) Teresa of Avila, Let Nothing Disturb You Phillip J. Spener, Pia Desideria Dietrich Bonhoeffer, Life Together

Co 650 Play Therapy: Theory, Techniques And Theology, Reo N. Leslie

Syllabi

Required Readings/Textbooks (approximately 1700 pages of reading): a. Play Therapy: Virginia M. Axline (1947/1969), New York, Ballantine Books, ISBN 0-345-30335-0 b. The Healing Power of Play: Working with Abused Children: Eliana Gil (1991), New York, Guilford Press c. The Play Therapy Primer: Kevin O’Connor (2000), New York, ISBN-0- 471-24873-8 d. 101 More Favorite Play Therapy Techniques: Heidi G. Kaduson and Charles Schaefer (ed.) (2001) e. “A Theology of Play Therapy:” Reo N. Leslie, Jr. (unpublished paper) f. Play Therapy with Children in Crisis: Individual, Group, and Family Treatment(2nd Ed.) Nancy Boyd Webb (ed.) (1999), New York, Guilford, ISBN 1-57230-485-5

Co 705 Cognitive-Behavioral Psychotherapy, Janet B. Dean, Anthony J. Headley

Syllabi

REQUIRED READINGS Dobson, Keith, S.(ed.). (2001). Handbook of cognitive-behavioral therapies. (2nd. ed.). New York: Guilford Press. . Leahy, Robert, L. (2003). Cognitive-behavioral Techniques. New York: Guilford Press.

Cs 610 Women In Church And Society, Christine Pohl

Syllabi

Texts: Bauckham, Richard, Gospel Women: Studies of the Named Women in the Gospels (Eerdmans, 2002). Gallagher, Sally K., Evangelical Identity and Gendered Family Life (Rutgers Univ. Press, 2003). MacHaffie, Barbara J., ed., Readings in Her Story: Women in Christian Tradition (Fortress, 1992). Storkey, Elaine, Origins of Difference (Baker, 2001).

Do 690 John Wesley's Theology Today, Kenneth J. Collins

Syllabi

Texts: Required: Outler, Albert C. and Heitzenrater, Richard P. John Wesley's Sermons: An Anthology (Nashville: Abingdon Press, 1991). All Sermons Must Be Read. Collins, Kenneth J. John Wesley: A Theological Journey. Nashville, Tennessee: Abingdon Press, 2003. Collins, Kenneth J. The Scripture Way of Salvation: The Heart of John Wesley’s Theology (Nashville: Abingdon Press, 1997). Collins, Kenneth J., and John H. Tyson. Conversion in the Wesleyan Tradition. Nashville: Abingdon Press, 2001.

It 601 Advanced Video Production, Douglas Penix

Syllabi

Readings: Shyles, Leonard. Video Production Handbook. Boston and New York: Houghton Mifflin Company, 1998 Handouts

Mb 755 Holisitc Mission And The Use Of Business In Global Outreach, Tetsunao Yamamori

Syllabi

TEXT BOOKS Befus, David R. Kingdom Business: The Ministry of Promoting Economic Activity. Miami, FL: Latin America Mission, 2001. Elmer, Duane. Cross-cultural Conflict: Building Relationships for Effective Ministry. Downers Grove, IL: InterVarsity Press, 1993. Rundle, Steve, and Tom Steffen. Great Commission Companies: the Emerging Role of Business in Missions. Downers Grove, IL: InterVarsity Press, 2003. Yamamori, Tetsunao, and Kenneth A. Eldred (eds.). On Kingdom Business: Transforming Missions Through Entrepreneurial Strategies. Wheaton, IL: Crossway Books, 2003.

Ms 625 Principles Of Interpersonal Evangelism, Gregory P. Leffel

Syllabi

Required texts for all students. Submit typed (single-spaced) “Reading Interaction Summary” (see attached format, one for each chapter/article) in class for each week’s assigned reading. See Class Schedule, below. 1. Communication Theory for Christian Witness, Revised Edition, Charles Kraft, Orbis, 1991. 2. Out of the Salt Shaker and into the World, Revised Edition, Rebecca Pippert, InterVarsity Press, 1999. 3. The Contagious Witness: Exploring Christian Conversion, Ron Crandall, Abingdon, 1999. 4. Live to Tell: Evangelism for a Postmodern Age, Brad Kallenberg, Brazos, 2002. 5. Christian Witness in a Postmodern World, Harry Poe, Abingdon, 2001. 6. Articles as assigned (see Class Schedule). …

Mb 800 Research Methods In Missiology, Michael A. Rynkiewich

Syllabi

Required Reading 1. Booth, Wayne C., Colomb, Gregory G. and Williams, Joseph M. The Craft of Research. Chicago: University of Chicago Press, 1995, 270 pp. ISBN: 0226065685 2. Creswell, Research Design: Qualitative, Quantitative, and Mixed Methods Approaches. SAGE Publications; 2nd Edition. Thousand Oaks, Ca.: Sage, 2002. 246 pp. ISBN: 0761924426 3. Fink, Arlene. Conducting Research Literature Reviews : From Paper to the Internet. Thousand Oaks, CA: SAGE Publications, 1998, 280 pp. ISBN: 0761909044 4. Hawley, Peggy. Being Bright is Not Enough: The Unwritten Rules of Doctoral Study. Springfield, IL.: C.C. Thomas, 1993, 160 pp. ISBN: 0761924426 5. Howell, Martha and …

Nt 646 Hebrews, David R. Bauer

Syllabi

Course Texts. A. Required Texts: Revised Standard Version of the Bible, or New Revised Standard Version of the Bible, Greek New Testament, or Interlinear Greek New Testament. It’s Still Greek to Me, by David A. Black An Annotated Guide to Biblical Resources for Ministry, by David R. Bauer B. Collateral Text: “Hebrews,” by William L. Lane, in Dictionary of the Later New Testament & Its Development. (This dictionary is a fine book to own, and is reasonably priced. But copies of this article are available at the Circulation Desk at the Library.