Digital Commons Network^™

Gendering The Frontier In O. E. Rölvaag's Giants In The Earth, John Muthyala

Great Plains Quarterly (through 2013)

Translated from the Norwegian into English, O. E. Rölvaag's Giants in the Earth narrates the saga of pioneer life on the American prairies. It is a saga that has the sanction of official ideology and the authority of a religious edict: to go on an "errand into the wilderness," explore and subdue the frontier, which was the "basic conditioning factor" of American experience, and, in so doing, cultivate a new civilization. Indeed, it is hard not to read the novel as dramatizing the power of Turner's frontier thesis because it seems to unabashedly affirm the frontier as the great American …

A Tribute To Sue Rosowski, Charles Braithwaite

Great Plains Quarterly (through 2013)

Susan J. Rosowski, Adele Hall Distinguished Professor of English at the University of Nebraska- Lincoln, died November 2, 2004. Sue has been an important voice in the Great Plains Quarterly since the beginning. In addition to publishing a half-dozen essays in the Quarterly, Sue reviewed manuscripts, wrote book reviews, and served as a guest editor on multiple occasions.

As one of the foremost scholars on Willa Cather, Sue served as General Editor of the Willa Cather Scholarly Edition, University of Nebraska Press, and was the founding editor of the Willa Cather Archive. Additional examples of her contribution …

Legitimate Plots, Private Lots In Felix Holt And Daniel Deronda, Bonnie Shannon Mcmullen

The George Eliot Review Online, ISSN: 2831-5375

A preoccupation with the idea of home was central to George Eliot's fiction from its beginnings until its end. In Felix Holt and Daniel Deronda, however, this theme is developed in terms that involve legal complexities that have embroiled her characters, perplexed her readers, and sent the author to seek advice and reassurance from the barrister Frederic Harrison. Esther Lyon has a 'right in remainder'! in a property, while Harold Transome has 'a reversion tantamount to possession' (p. 284), Sir Hugo Mallinger is a tenant for life, his nephew Grandcourt a tenant in tail. These intricacies of plot have puzzled …

Crossing The Bar: The Relationship Of Nebraska's Supreme Court With The Bar, James W. Hewitt

Nebraska Law Review

In today's world, all judges were once lawyers. Whether in private practice, government practice, or in some other legal position, they all took an oath to uphold justice, dealt with clients, and submitted matters to courts for decisions. No one comes out of law school and begins her career as a judge. Judges come up through the ranks of lawyers or law professors. It has always been a mystery to the practicing bar as to how quickly some judges forget their roots after they ascend to the bench. Frequently, those judges seem to feel they have been anointed rather than …

Challenges To Funding School Facilities In Colorado, Kathleen J. Gebhardt

Nebraska Law Review

Appalling conditions have existed in Colorado schools for many years. Yet Colorado, like many other states, has shifted its priority from adequately funding schools to tax refunds. This article gives an overview of Colorado facilities-funding challenges, followed by an account of the Giardino v. Colorado State Board of Education litigation, the author’s involvement in it, and the aftermath of the settlement reached.

Erisa: Fumbling The Limitations Period, George L. Flint Jr.

Nebraska Law Review

Current scholarly writings concerning the Employee Retirement Security Act of 1974 ("ERISA") have noted recent problems arising in the development of the proper statute of limitations period for an ERISA action. While the Supreme Court could reduce the amount of this ERISA litigation by declaring a simple uniform federal rule, it has not done so, leaving the federal circuit courts to develop their own ERISA jurisprudence. These courts, no longer guided by such legal greats as Byron "Whizzer" White, have fumbled the opportunity in favor of a litigious multiplicity rule, thus spawning much of the ERISA litigation. Surprisingly, the circuit …

Team Leaders And The Honors Freshman-Year Experience, Alvin Wang, Crystal Espinosa, Cassandra Long, Anik Patel

Honors in Practice Online Archive

In this article, we report on an effective means to enhance the honors freshman- year experience and thereby reduce the high rates of attrition commonly associated with the first year in college. Research by Tinto (1975; 1987) has shown that academic as well as social integration contributes to student persistence and success in college. Consequently, the successful transition from high school to college requires that freshmen make adjustments both academically and socially. The lack of integration in either of these domains will reduce student persistence and increase the likelihood that students will be college dropouts. The effects of academic and …

Journal Of Actuarial Practice - Volume 12 (2005) - Contents And Masthead

Journal of Actuarial Practice (1993–2006)

Contents

Editorial Policy: Topics suitable for this journal include AIDS, annuity products, asset-liability matching, cash-flow testing, casualty rate making, credibility theory, credit insurance, disability insurance, expense analysis, experience studies, FASB issues, financial reporting, group insurance, health insurance, individual risk taking, insurance regulations, international issues, investments, liability insurance, loss reserves, marketing, pensions, pricing issues, product development, reinsurance, reserving issues, risk-based capital, risk theory, social insurance, solvency issues, taxation, valuation issues, and workers' compensation

Review Process

Editor - Colin Ramsay, University of Nebraska

Associate Editors: Robert Brown, University of Waterloo ○ Cecil Bykerk, Mutual of Omaha ○ Ruy Cardoso, Actuarial Frameworks ○ …

Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall

Seattle University Law Review

This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law …

Competing Values Or False Choices: Coming To Consensus On The Election Reform Debate In Washington State And The Country, Tova Andrea Wang

Seattle University Law Review

This Article examines the problems revealed in Washington State's election system as a result of its staggeringly close gubernatorial election, and compares such problems to those encountered by other states in the 2004 election. It examines the challenge of fixing these problems through the prism of the ongoing debate over what values and goals are most important when making election administration decisions. The various values and goals of expanding voter access, increasing voter participation and election efficiency, preventing voter fraud, ensuring the count of every vote, and creating finality in the voting system are included in this examination. Throughout this …

The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills

Seattle University Law Review

This article argues that Native corporations can provide employment preferences for Alaska Natives, so long as they are appropriately tailored to provide employment preferences to that corporation's shareholders or those closely related to the shareholders. Moreover, a hiring preference based on shareholder status is not a preference based on race and, as such, does not violate Alaska state law.24 But even if the Alaska Supreme Court found that these hiring preferences did violate the state constitution, given the federal government's unique relationship with Native corporations 25 and Congress's clear intent for Native corporations to favor Alaska Natives in their hiring …

State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel

Seattle University Law Review

This article continues in Part II by defining predatory lending practices, identifying borrowers who are likely to face predatory lenders, and discussing the consequences of predatory lending. Next, Part III provides a background for existing federal regulation, again in reference to RESPA and TILA. Part IV discusses state legislative efforts to curb predatory lending and identifies the problems of inconsistency and federal exemptions that undermine these state statutes. Part V examines the elements of state consumer protection acts and unfair and deceptive acts or practices ("UDAP") statutes and their application to predatory practices. Part VI argues that, because consumer protection …

Lack Of Meaningful Choice Defined: Your Job Vs. Your Right To Sue In A Judicial Forum, Sara Lingafelter

Seattle University Law Review

Mandatory arbitration agreements subvert an employee's constitutional right to a judicial forum and generally place unfair burdens on plaintiffs. An employee faced with the option of either signing a mandatory arbitration agreement or losing a job often has no meaningful choice. The Supreme Court, however, has failed to recognize first that Congress did not intend for mandatory arbitration to extend to Title VII claims and second, that employers often leave employees with no meaningful choice regarding mandatory arbitration. Nonetheless, state and federal judges are increasingly recognizing that arbitration agreements may be the product of procedural unconscionability. Accordingly, when employees are …

Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers

Seattle University Law Review

This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Washington State's 45-Year Experiment In Government Liability, Michael Tardif, Rob Mckenna

Seattle University Law Review

Washington's waiver of sovereign immunity has been in force for nearly forty-five years, during which time many questions have been answered. New litigation, however, continues to expand the scope of the waiver, and the extent of liability continues to raise new questions and present difficult problems. Major problems include the uncertainty of case-by-case determinations of government liability and the cost of liability for inherently risky governmental programs, such as corrections and child welfare. Part I of this Article examines the waiver against the background of prior Washington law and the pattern of immunity waivers in other jurisdictions. This examination reveals …

The Practical Soul Of Business Ethics: The Corporate Manager's Dilemma And The Social Teaching Of The Catholic Church, Leo L. Clarke, Bruce P. Frohnen, Edward C. Lyons

Seattle University Law Review

This Article focuses on and attempts to dispel an overly narrow view of the moral responsibilities of corporations and their managers. Many businessmen and lawyers, relying on prevailing approaches to business ethics, labor under the misperception that the moral ladder in the business world has only one rung: "Be honest." Americans, however, should, can and do expect more from the managers of our large corporations, and virtually every Fortune 100 company publicly espouses a "social responsibility" far exceeding mere honesty. Further, as is demonstrated, American jurisprudence is consistent with those expectations. This Article's thesis is that Catholic Social Teaching provides …

Arizona School Finance: A Primer On Strategy And Enforcement, Timothy M. Hogan

Nebraska Law Review

In 1991 the Arizona Center for Law in the Public Interest, a nonprofit public interest law firm, filed a lawsuit alleging that Arizona’s school finance system violated the state constitution. Four appellate decisions spanning thirteen years followed. The benefits for Arizona’s public schools that were produced by this litigation were enormous and exceeded original expectations.

Mfit Weight Management Program: Effects On Anthropometric And Cardiovascular Measures, Lindsay L. Boik

Senior Honors Theses and Projects

Objective: Traditional approaches to address obesity typically entail severe caloric restriction and drastic alterations in activity pattern. The MFit Weight Management Program, a derivative of the University of Michigan Health System, takes a different approach to weight loss. The goal of the program is to stress the development of longterm lifestyle changes and it places less emphasis on rapid weight loss. It was the purpose of this study to determine whether the MFit Weight Management Program, a behavioral modification program, is successful for decreasing anthropometric and cardiovascular measurements of obesity. Research Methods and Procedures: This is an ongoing study with …

Medici Power And Patronage Under Cosimo The Elder And Lorenzo The Magnificent, Kelly Ann Gilbert

Senior Honors Theses and Projects

This paper looks at the Medici family’s rise to power and control over Florence. The main focus of the paper is on Cosimo de’ Medici, who is the man responsible for bringing his family to power. The first chapter looks at his business and familial connections and the ways that these relationships helped him gain power. The second chapter examines Cosimo’s role as patron of the arts and learning and the ways in which this helped to extend his influence. The third chapter looks at Cosimo’s grandson Lorenzo de’ Medici and the ways in which he continued the dominance of …

Searching For Our Foremothers: A Philosophical Journey Through The Alternative Genres Of Women Writers, April Hall

Senior Honors Theses and Projects

In the history of philosophy, there is a shortage, and often a total absence, of women’s voices in the philosophical canon. I take this notable lack of female philosophical contribution not as evidence that women were not ‘capable’ or ‘interested’ in philosophical inquiry, but rather that their contributions are mainly to be found in alternative genres that were more open for women to participate in. I propose that present-day philosophers who are interested in locating the philosophical activities of women would benefit from an exploration of what I am terming “alternative genres.” I shall focus in particular on personal correspondence …

Master Sun's Art Of War: Translation And Philosophical Commentary, Eric Colwell

Senior Honors Theses and Projects

No abstract provided.

Exemplar, Fall 2005, Eastern Michigan University

Alumni News: Eastern Magazine

No abstract provided.

The Edge, Fall 2005, Eastern Michigan University

Alumni News: Eastern Magazine

No abstract provided.

Career Paths And The Superintendency: Women Speak Out, Nancy Hergenrother Seyfried, Thomas Diamantes

Journal of Women in Educational Leadership

According to the 2000 census, women comprise nearly 51 % of the American population. Women constitute two thirds of the work force in education. Seventy-five percent of teachers are women; 41 % of principals are women, and women fill 60% of central office administration positions, yet, at the superintendent level, only 10% are women (Vail, 1999). Guthrie (1999) found that the shortage of women in top education positions mirrors other fields. Women make up 50% of the work force, yet they represent fewer than 11 % of the corporate officers of companies and 3% of the heads of companies. Women …

Review Of Closing The Leadership Gap: Why Women Can And Must Help Run The World By Marie C. Wilson., Linda L. Lyman

Journal of Women in Educational Leadership

Reading this book helps one place the struggle for gender equity In leadership of schools into its rightful larger context: equal numbers of women in school, district, and university leadership will contribute to transforming not only these organizations, but also American culture, and ultimately the world. Starkly stated, Wilson's premise is ''that our future depends on the leadership of women-not to replace men, but to transform our options alongside them" (p. x). Growing poverty, a broken health care system, looming environmental problems, and other human and organizational crises throughout the fabric of our society reinforce the need for new options.

Advice From The Field In Educational Leadership For Female Principals, Carole Funk, Barbara Polnick

Journal of Women in Educational Leadership

The number of female school principals in the United States continues to grow each year, and many of these women are evolving into outstanding educational leaders. Cultural and gender barriers, however, continue to limit their leadership effectiveness despite their overall achievements. Many of these women have not maximized their leadership effectiveness despite their overall achievements. Many of these women have not maximized their leadership effectiveness because they work in cultures that are not conducive to their transformational leadership styles. In addressing these issues, the authors of this article have provided a research synthesis regarding the female principal-ship in order to …

Focus Emu, September 20, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, September 6, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, January 11, 2005, Office Of Public Information

Focus EMU

No abstract provided.