Digital Commons Network^™

Seeing Fluency First Through The Kaleidoscope Of Grammaring, Martha Iancu

Faculty Publications - Department of Sociology

Fluency First inspires second language students to become readers, a major step forward in their language and academic development. By providing meaningful content and practices that nurture all language skills in accord with the grammaring principles and practices proposed by Larsen-Freeman, Fluency First offers great promise in the struggle to overcome the inert knowledge problem.

The Relationship Between Religion/Spirituality And Healing As Demonstrated By Falun Gong And Christian Science, Maribeth Porter

Honors Theses

This paper provides an objective overview of the tradition and religion of Falun Gong and Christian Science in order to better evaluate their respective methods of healing. Each religion, as well as its primary texts, was thoroughly researched to provide the reader with information regarding the basic doctrines practitioners, foundation, healing methods, and opponents. Based on the research, it appears that religion can be beneficial to a practitioner s health as ion i-iu.i as conventional health care is not ignored on the premise that toe rei i alone can heal it seems as though current health care couia benefit rrom …

Writing A Short Science Fiction Novel For Young Adults, Cheryl Robson

Graduate Research Papers

The purpose of this project is to write a dystopian science fiction short novel for young adults, in tum raising awareness of the genre among young people, as well as causing them to consider today's technology issues from a different viewpoint. Background research commenced on characteristics, history, and readership of science fiction. The sub genre of dystopian science fiction was reviewed through the examination of scholarly research in this particular area. After additional reading of science fiction books, the first chapter of the researcher's science fiction novel was written. Next, students in three sections of high school language arts classes …

Swiss-German Literature 1945-2000, Romey Sabalius

Faculty Publications

No abstract provided.

A Chronicle Of Global Evolution Of Product Warranty, Arvinder S. Loomba

Faculty Publications, School of Management

This article provides a chronological account of the evolution of the concept of product warranty and its development over the four millennia to its present state at the dawn of twenty-first century A.D. This study examines how the concept of product warranty originated and illustrates how this concept was an integral element of accepted business practices in commerce and trade over the ages in almost all civilizations spanning the entire globe. The civilizations include the Babylonian and Assyrian civilizations of twenty-first century B.C., the Roman era of the fifth century B.C., Bavarian rule at the start of the Christian era, …

Passing As Modernism, Pamela L. Caughie

English: Faculty Publications and Other Works

Passing has once again become a hot topic in contemporary popular culture and a major trope for our critical and professional activity. One thinks of Danzy Senna's Caucasia (1998); Philip Roth's The Human Stain (2000) and the 2003 film version directed by Robert Benton; and in literary and cultural criticism, Gayle Wald's Crossing the Line: Racial Passing in Twentieth-Century U.S. Literature and Culture (2000), Kathleen Pfeiffer's Race Passing and American Individualism (2003), and Brooke Kroeger's Passing: When People Can't Be Who They Are (2003), to name only a few examples. In Passing and Pedagogy I explore this concept largely in …

Jane Kenyon, Jayme Stayer

English: Faculty Publications and Other Works

The pastoral emphasis and New England setting of Jane Kenyon's poetry has invited comparisons to Robert Frost and Emily Dickinson. The uncluttered spareness of her work and her interrelated themes of faith, guilt, empathy, and pessimism also place her among that collection of people known as New England poets. Kenyon's own love of John Keats-and his haunted experiences of pain and beauty-also informs her work.

Towards Conservation Of Submerged Lands: The Law And Policy Of Conservation Leasing And Ownership, The Nature Conservancy, Roger Williams University School Of Law

Marine Affairs Institute Staff Publications

No abstract provided.

Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson

Law Faculty Scholarship

No abstract provided.

The Irrational Supreme Court, Michael I. Meyerson

All Faculty Scholarship

Rationality is prized by lawyers. The 'rational review' test provides the constitutional minimum for due process and equal protection analysis. Unfortunately, even in an idealized world populated by perfectly rational people not all causes of irrational decision-making can be avoided. The basic nature of group decision-making inevitably creates the possibility of certain kinds of irrationality. The core of the problem is that, while deciding which party prevails is a binary decision [either one side or the other wins], there are often multiple issues that need to be decided in any particular case. The task of creating a system for selecting …

A Theory Of Access To Justice, Robert Rubinson

All Faculty Scholarship

This Article draws upon three observations: 1) the vast majority of disputes involve low-income litigants; 2) the vast majority of public and private resources of dispute resolution are allocated to disputes involving wealthy individuals and organizations; 3) any principled moral or ethical analysis demonstrates that the stakes are much higher in disputes involving low-income disputants than in disputes involving affluent individuals or organizations. Thus, the legal matters that attract a minute percentage of dispute resolution resources implicate issues of food and shelter, life and death. The Article describes a methodology - called "Resources of Dispute Resolution" or "RDR" - for …

Time To Decide? The Laws Governing Mothers' Consents To The Adoption Of Their Newborn Infants, Elizabeth Samuels

All Faculty Scholarship

Adoption in the United States is a complex patchwork of law and practice that involves payments of nearly two billion dollars annually in fees and expenses. The adoptions that involve domestically born, voluntarily placed infants raise unique issues. In these as in all adoptions involving parental consent, two generally accepted goals of ethical and humane practice are first, avoiding unnecessary separation of families by ensuring that birth parents make informed and deliberate decisions and second, protecting the finality of placements. The two goals are ideally complementary, but in the case of domestic infant adoptions, there is a danger that pressure …

The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble": A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N.C. Smalkin

All Faculty Scholarship

Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge William Young of the United States District Court for the District of Massachusetts, writing in the Federal Lawyer, pointed out that jury trials in federal civil cases declined 26% in the decade between 1989 and 1999, which he attributed to four factors: the district court judiciary's loss of focus on the core function of trying jury cases; the business community's loss of interest in jury adjudication (opting out of the legal system altogether in favor of arbitration); Congress's marginalizing the district court judiciary; and the …

Yours For Keeps: Mgm V. Grokster, Max Oppenheimer

All Faculty Scholarship

In MGM v. Grokster, now pending before the U.S. Supreme Court, all parties have made the assumption that most P2P file transfers infringe copyrights. Two theories contradict that assumption: a significant number of individuals who transfer files over P2P networks may have a license to do so, and the Copyright Act itself may exempt the transfer of certain categories of entertainment files over P2P networks from the definition of infringement.

Objecting To Court Ordered Mediation, Jane C. Murphy

All Faculty Scholarship

Maryland judges have wide discretion to refer parties to mediate a variety of civil matters. Title 17 of the Maryland Rules, enacted in 1998, governs mediation of civil cases in the circuit courts. These rules are supplemented by Maryland Rule 9-205, which addresses mediation of child custody and visitation disputes. Although these rules define mediation and address mediator qualifications in some detail, they say very little about either a party's right to object to mediation or the court's authority to compel participation in mediation.

Given that the mediation rules are relatively new and mediation orders would generally be considered interlocutory, …

Results Of A Judicial Survey On The Maryland Department Of Juvenile Services, Gloria Danziger, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

An Analysis Of Unified Family Courts In Maryland And California: Their Relevance For Ontario's Family Justice System, Barbara A. Babb

All Faculty Scholarship

The Ministry of the Attorney General of Ontario has contracted with the University of Baltimore School of Law's Center for Families, Children and the Courts to prepare this research paper. The purpose of the paper is to provide an overview of unified family courts and court-connected family services in two jurisdictions, Maryland and California, as agreed to by officials of the Ministry. The overview provides information about the structure of each jurisdiction's unified family court, family services connected to the court, the role of judicial and quasi-judicial officers, the assignment and specialization of the judiciary, rules or processes to deal …

The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin

All Faculty Scholarship

On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants." The cases arose from the "war on terrorism" that was launched after the attack on the United States on September 11, 2001. When each decision is looked at individually, the result seems to make sense and, given the outcome (affording detainees rights of judicial review), feels good. Yet when these decisions are looked at collectively, it is hard to believe that they were issued by …

The Other Sullivan Case, Garrett Epps, Garrett Epps

All Faculty Scholarship

The standard triumphalist narrative of NEW YORK TIMES V. SULLIVAN celebrates the Supreme Court's defense of free speech and press in the case's vindication of powerful journalistic institution. Ignored in this story is the story of the local defendants, civil rights leaders in Alabama who had their solvency threatened by the state courts' vindictive action against them. These defendants challenged the segregated proceedings used in court to affix liability to them—but the Supreme Court ignored their arguments and ignored the racial-equality and individual-rights aspects of the case. From their point of view, SULLIVAN might be so unalloyed a triumph.

Globalizing Savigny: The State In Savigny’S Private International Law, And The Challenge Of Europeanization And Globalization, Ralf Michaels

Faculty Scholarship

How can conflict of laws respond to the challenges from globalization? Some argue that state-based approaches like governmental interest analysis are inadequate, and advocate a return to the approach taken by the German scholar Savigny in the 19th century. The article shows that the assumption is correct: state-based approaches have indeed become problematic. However, a return to Savigny's approach will not help: While Savigny's approach is multilateral and pays little regard to governmental interest, closer analysis reveals how central the state is to his theory. The consequences are shown in an analysis of a recent European case. It follows that …

“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller

Faculty Scholarship

The definition that the Supreme Court ultimately gives to the concept of testimonial statements will obviously be of critical importance in determining whether the new Confrontation Clause analysis adopted by Crawford affects only a few core statements or applies to a broader group of accusatorial statements knowingly made to government officials and perhaps private individuals at arm's length from the speaker. I contend that the broader definition is more consistent with the anti-inquisitorial roots of the Confrontation Clause when that provision is applied in the modern world. If my sense of the proper scope of the clause is roughly correct, …

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.

Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young

Faculty Scholarship

No abstract provided.

Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. (“Now What?”), William W. Van Alstyne

Faculty Scholarship

This article explores the variety of opinions expressed by the Justices in the two “Ten Commandments” cases, specifically Justice O’Connor’s dissent and Justice Breyer’s concurrence in Van Orden v. Perry.

Statutory Interpretation And The Intentional(Ist) Stance, Cheryl Boudreau, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Canonical Construction And Statutory Revisionism: The Strange Case Of The Appropriations Canon, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.