Digital Commons Network^™

Is Hindsight 20-20? Reconsidering The Importance Of Pre-Constitutional Documents, Kirsten Matoy Carlson

Law Faculty Research Publications

Many constitutional orders, including the United States, have yet to determine the legal and political status of pre-constitutional documents written prior to the enactment of a final constitution. This article argues that pre constitutional documents should be critically analyzed by their respective constitutional communities. It maintains that pre-constitutional documents play a key role in constitutional orders by identifying conflicts that remain over time and contends that critical analysis of these documents facilitates deeper understandings of constitutional politics. It demonstrates how pre constitutional documents can be used as diagnostic tools for identifying and better understanding persistent constitutional tensions through a case …

Preparing For 2007: Legal And Legislative Issues Surrounding The Reauthorization Of Section 5 Of The Voting Rights Act, Jocelyn Benson

Law Faculty Research Publications

No abstract provided.

The Perceptions Of Beginning Counselor Education Candidates' Multicultural Knowledge And Awareness When Comparing Candidates Who Have Successfully Completed Instruction In Multicultural Counseling With Candidates Who Have Not Completed Instruction In Multicultural Counseling, Evelyn H. Kitchens-Stephens

Electronic Theses and Dissertations

Within this study, the investigator attempts to determine the perceived effectiveness of counselor trainees using multicultural counseling competencies. The investigator measured the perceived degree of multicultural counseling knowledge and awareness among beginning master's level counseling students in a graduate counselor education program located in Pittsburgh, Pennsylvania. The primary research question was: Do counselor education candidates who have successfully completed a 3 credit graduate level course in multicultural counseling perceive themselves to be more knowledgeable and aware in cross-cultural counseling settings than trainees who have not completed the course? A 32-item inventory, the Multicultural Counseling Knowledge and Awareness Scale (MCKAS, Ponterotto …

Effects Of Emotional Intelligence Training On Incarcerated Adult Males Involved In Pre-Release Programming, Holly Moore

Electronic Theses and Dissertations

This dissertation summarizes a study conducted to explore the effectiveness of emotional intelligence (EI) training for adult male inmates. Acts of crime and violence cause psychological repercussions to crime victims and financial burdens on our society. Historically, those involved in the criminal justice system have strived to gather knowledge about criminal behavior in order to guide interventions. Furthermore, research on potential interventions has been encouraged in order to support evidence-based rehabilitative efforts that may ultimately impact recidivism. Emotional intelligence is a relatively new construct that may be related to social functioning. The purpose of this study was to investigate the …

When Is A Diaspora Not A Diaspora? Rethinking Nation-Centered Narratives About Germans In Habsburg East Central Europe, Pieter M. Judson , '78

History Faculty Works

No abstract provided.

What Is The Safety And Efficacy Of Biobrane Versus Silver Sulfadiazine In The Treatment Of Low Body Surface Area Partial-Thickness Burns?, Gregory Wanner

PCOM Physician Assistant Studies Student Scholarship

OBJECTIVE: To determine how the synthetic skin substitute Biobrane compares to silver sulfadiazine (SSD, silvadine) in the treatment of patients with low body surface area partial thickness burns.

Kernochan Center News - Winter 2005, Kernochan Center For Law, Media And The Arts

Kernochan Center for Law, Media, and the Arts

No abstract provided.

The Use Of People As Information Sources In Biblical Studies Research, David H. Michels

Articles, Book Chapters, & Popular Press

In this exploratory study, I examined the role that people play as informal information sources in biblical studies research. Using semi-structured interviews, I asked a group of seven biblical studies researchers specific questions about their information-seeking behaviour. The study demonstrated that the majority of the researchers regularly used people as information sources in their research. Sometimes they sought factual information from these sources but most frequently they sought affective information; they sought evaluation and affirmation from their colleagues regarding the direction of their research.

Facial Challenges And Federalism, Gillian E. Metzger

Faculty Scholarship

This Essay addresses the question of whether challenges to legislation as exceeding Congress' powers should be assessed on a facial or an as-applied basis, a question that rose to the fore in the Supreme Court's recent decision in Tennessee v. Lane. The Essay begins by arguing that what distinguishes a facial challenge is that it involves an attack on some general rule embodied in the statute. Such challenges can take a broader or narrower form, and thus the terms 'facial" and "as-applied" are best understood as encompassing a range of possible challenges rather than as mutually exclusive terms. The …

"Boxes": Exploring Gender Identity Through Performance, Desirée Dianne Rowe

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this study is to illuminate the patterns of identity and self explored through the lenses of intertextuality, feminist postmodern identity, and confession. A performance methodology is used wherein the performance brings to the fore explicitly visible gender norms standardized by everyday life through the enaction of the theoretical background. The performance. Boxes, is a piece that entangles multiple identities, which attempt to dislocate norms and ideals the audience has already established. During the performance comment cards were distributed to audience members for their reflection on the overall message of the performance. The cards were collected and evaluated …

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the …

Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero

Faculty Scholarship

In this piece, I explore two avenues of political action - self-identification for affirmative action purposes and longer-term solutions to educational inequity - in an attempt to develop a coherent and effective post-Grutter and Gratz strategy for promoting equal educational opportunities consistent with the demands of equal protection. I use the experiences of Filipina/o-Americans as a vehicle for exploring these issues. I hope to show that diversity as the underlying goal of affirmative action fails to capture the core of modern equal protection jurisprudence implicit in Brown v. Board of Education and Loving v. Virginia: that treating all …

Making Identity: Law, Memory, And Race In Comparative Perspective, Jan Hoffman French

Sociology and Anthropology Faculty Publications

In this essay, I would like to focus on identity formation with respect to one of these groups-the Xoco community-especially the relationship between law, identity, and race. I hope to bring to light, if only in a tentative and suggestive way, the broader significance of such an inquiry by narrating the story of the Xoco in dialogue with some discussions of similar issues in the United States. In particular, I will compare the successful struggle for recognition of the Xoco with similar struggles for recognition in the U.S. by the Lumbee and Mashpee Indians, who have not achieved full legal …

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

Articles

Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli

Fordham Urban Law Journal

The idea that evolutionary processes natrually propel a state of affairs toward a higher, perhaps more complex or advanced, state of affairs is one that may extend to any context characterized by a dynamic time frame, including ogliopoly moelds of repeated Prisoner's Dilemma. The author argues that, contrary to the popular assertion that coordinated pricing necessarily requires voluntary coordination, oligopoly markets may evolve to a state of cooperation—one of collective profit maximization—absent a conscious state of coordination among the players, or even knowledge of such cooperation. While Professor Donald Turner proposes a theory of cooperation based on forward-looking consideration of …

A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt

Faculty Scholarship

This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.

Three Themes From Raz, Leslie Green

Articles & Book Chapters

No abstract provided.

General Jurisprudence: A 25th Anniversary Essay, Leslie Green

Articles & Book Chapters

No abstract provided.

Beyond Patents: The Cultural Life Of Native Healing And The Limitations Of The Patent System As A Protective Mechanism For Indigenous Knowledge On The Medicinal Uses Of Plants, Ikechi Mgbeoji

Articles & Book Chapters

In the past decade, indigenous knowledge systems have witnessed a belated renaissance, both in policy instruments of international organizations and in some international law agreements. In the progressive emancipation of indigenous knowledge systems, two key issues have arisen. The first is the controversial appropriation of various products, innovations, art forms, and intellectual property of indigenous knowledge systems. A particularly contested aspect of this phenomenon has been characterized as biopiracy. The second closely related issue is whether dominant regimes for the protection of intellectual property are compatible with indigenous knowledge systems.

First Documentation Of Combinatorial Song Syntax In A Suboscine Passerine Species, Daniel Leger

Department of Psychology: Faculty Publications

Birds with songs having two or more acoustically distinct elements can arrange them either rigidly (i.e., in the same sequence) or flexibly. Flexible song syntax can be achieved either by varying the number of repetitions of elements or by combining elements in different ways. Combinatorial syntax has been documented only in the songs of oscine passerines and in one nonpasserine, but not in the suboscine passerines. Dawn and day songs of a tyrant flycatcher, the Flammulated Attila (Attila flammulatus), were recorded in Costa Rica. Flexible syntax was noted in both dawn and day song. Attilas not only varied …

Rabbi Joseph Soloveitchik’S ‘Confrontation’: A Reassessment, Marshall J. Breger

Scholarly Articles

Responding to a recent symposium on Rabbi Joseph Soloveitchik's 1964 article on the propriety of Christian-Jewish dialogue, this essay begins by assessing several arguments put forth by Soloveitchik. These include the incommensurability of religious faith, the risks interreligious dialogue presents to the Jewish minority, the dangers of syncretism, and the ability to separate neatly the sacred and the profane. The article then proceeds to discuss the nature of Catholic-Jewish today, and concludes with thoughts about the future of Christian and Jewish interaction.

An Action Research Project On Preparing Teachers To Meet The Needs Of Underserved Student Populations, Gayle A. Buck, Jeanene G. Cordes

Department of Teaching, Learning, and Teacher Education: Faculty Publications

The focus of this action research study was on the initial stage in reforming our teacher preparation programs. We designed, conducted, evaluated, and revised the components of our teacher preparation programs that were aimed at providing preservice teachers with the confidence and knowledge needed to meet the needs of youth populations underserved in science education. The conceptual framework of this study predicted that providing preservice teachers with experiences in teaching science to at-risk youth in a nonformal educational setting and that exploring these experiences in a seminar setting will increase the teachers’ confidence and knowledge in regard to teaching science …

Documenting And Improving Student Learning Through The Linguafolio, Aleidine Kramer Moeller, Vickie Scow, Jacque Bott Van Houten

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Imagine a language portfolio that provides a context for students and teachers to document and analyze learning progress. Students set learning goals, review and reflect on these goals regularly, and track their own learning to self-assess their progress. Teachers review the portfolio, measure student achievement, and plan curriculum to meet the needs of their students. How can such a portfolio be integrated into the classroom? What are the benefits of using a portfolio? This article addresses these two questions and describes the Nebraska and Kentucky LinguaFolio project aimed at improving student achievement and teacher quality through the integration of a …

Life On A Tricycle A Case Study Of Language Impairment From 4 To 19, Lee Robinson, Bonnie Brinton, Martin Fujiki

Faculty Publications

This article presents a longitudinal case study of a child named Cody identified with specific language impairment. Cody was followed from 4 to 19 years of age, at which time he compared his social skills with those of peers: “It’s like they’re driving sports car and I’m on a tricycle.” His initial long- and short-term intervention goals are presented, along with the treatment methods employed and the resulting outcomes. Although long-term goals remained consistent, as the nature of Cody’s academic, social, and emotional challenges shifted, it was necessary to gear treatment to address his changing needs. Cody’s case illustrates the …

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Articles & Book Chapters

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …

Towards More Comprehensive Information Retrieval Systems: Entity Extraction Using Xslt, Chris A. Mcmanigal

UNF Graduate Theses and Dissertations

One problem that exists in today's document management arena is the issue of retrieving information from electronic documents such as images, Microsoft Office documents, and e-mail. Specific data entities must be extracted from these documents so that the data can be searched and queried. This study presents a unique approach to extracting these entities: using Extensible Stylesheet Language Transformations (XSLT) to match patterns in text. Because XSLT is processed at run time, new XSLT templates can be created and used without having to recompile and redeploy the application. The specific implementation addressed in this project extracts entities from an image …

Developmental Processes Critical To The Formation Of Servant Leaders In China, Thomas William Horn

Dissertations

Problem. This study concerns three matters: the leader formation process in general, servant leadership formation in particular, and the application to crossing cultures, with China as the primary context. The central problem of this study revolves around leader formation . What events, experiences, people and other formative processes contributed as critical to the formation of exemplary Christian leaders in China?

Method. The design of this research was a narrative, qualitative study that explored the central phenomenon of leader formation. The researcher was the instrument to collect data through in-depth interviews. This study purposefully selected three exemplary Christian Chinese leaders. The …

Does The Charter Matter?, Harry W. Arthurs, Brent Arnold

Articles & Book Chapters

This article investigates whether Canada has changed in ways the ways that proponents of the Charter desired and anticipated. We examine the progress of groups that the Charter was intended to benefit (Aboriginal peoples, women, visible minorities, and immigrants); areas of state action that the Charter was intended to regulate (the criminal process and bureaucratic behaviour); and aspects of our communal and public life that the Charter was intended to animate and enhance (politics and inter-group cultural relations). We rely on a significant number of studies of Canadian social development during the period from 1982 to the present. Available evidence …

Theology Of Judgment In Genesis 6-9, Chun Sik Park

Dissertations

The present dissertation seeks to develop a theology of judgment in Gen 6-9. Following an introductory chapter, the second chapter is devoted to analyzing the three main extrabiblical ANE flood stories (the Eridu Genesis, the Atra-Hasis Epic, and the Gilgamesh Epic) from the four aspects of judgment: date, cause and purpose, extent, and procedure. The analysis of those stories reveals that the ANE flood was a historical and local (global dimension is implied) event without moral cause, and that the judgment of the deities had a procedure of investigation, sentence, execution, and mitigation. The third chapter treats the theology of …

Perceptions Of The Mathematics Achievement Gap: A Survey Of Nctm Membership, Robert Q. Berry, Linda Bol

Educational Leadership & Workforce Development Faculty Publications

No abstract provided.