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Reconceptualizing Due Process In Juvenile Justice: Contributions From Law And Social Science, Christopher Slobogin, Mark R. Fondacaro, Tricia Cross

Vanderbilt Law School Faculty Publications

This article challenges the accepted wisdom, at least since the Supreme Court's decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. That means that the central goal in juvenile justice is fundamental fairness, which does not have to be congruent with the …

Tarasoff As A Duty To Treat: Insights From Criminal Law, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In most jurisdictions, the Tarasoff duty is defined as a duty on the part of mental health professionals to act on patient threats of serious harm to identified individuals. Although breach of this duty has, to date, only led to civil liability, a good case can that it should lead to criminal liability as well, not just for something minor like a failure to report a potential crime, but for the felony committed by the patient. Furthermore, to the extent Tarasoff requires merely a warning after a serious threat to an identified victim, this civil and criminal liability could logically …

Environmental Awareness Of Waterville Junior High School Students, Jenna Morrison

Honors Theses

An environmental awareness survey was designed to assess the influences of gender and grade level on the relationships among outdoor experience, environmental knowledge, and environmental behavior at Waterville Junior High School, Waterville, ME. Environmental awareness indicates a fundamental understanding of the natural world, which is essential for developing future sustainable development. The foundation and acquisition of environmental knowledge of Waterville Junior High School students was determined using the multiple-choice survey. A total of 125 sixth graders and 136 eighth graders were surveyed. 61% of sixth graders and 73% of eighth graders indicated that their most common source of environmental information …

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Setting High Expectations

Winter, 2006, Vol. 44, No. 4; No. 168.

Consumer's Adoption Of The Technology Innovations : The Role Of Coping Strategies, Wenjing Bao

Lingnan Theses

Given the accelerated technology innovations and shorter product lifecycles, explaining and predicting consumers’ adoption of technology innovations have been increasingly difficult. With new generations of the same products emerging every few years or less, consumers often face the dilemma of choosing between continuing to use the existing product and upgrading to a new version, and have increasingly experienced a certain level of technology fatigue. They may delay the adoption, frog-leap the new product, and simply ignore its existence. Thus, the traditional models of adoption based on product attributes and consumer innovativeness can no longer accommodate these new realities. Based on …

The Role Of Volunteering In Successful Ageing : Impacts On Psychological Well-Being Of Older Persons, Sin Yui, Sharon Chan

Lingnan Theses

The thesis looks at volunteering, an activity in which time is freely given as a gift to benefit other people, groups and society. Formal volunteering, as opposed to informal helping, entails stronger commitment via organisations that offer more or less organised assistance often on an individual basis. The thesis suggests that older retired persons provide an invaluable pool of formal voluntary workers amidst the growing need for social services and fewer resources for social welfare expenditure. This pool will grow even more in the future. Moreover, the research looks at the experiences of social engagement in older and associations between …

Predicting Alcohol And Substance Abuse Treatment Outcomes Among Hispanic And African American Substance Abusers, Dawna-Cricket-Martita Meehan

Electronic Theses and Dissertations

Alcohol and drug use and abuse are significant concerns in the United States, yet few studies have investigated how cultural factors, such as acculturative type and acculturative stress, impact substance abuse treatment outcomes. In this study, African American (n = 171) and Hispanic (n = 101) substance abusers' acculturative type and acculturative stress levels were compared to substance abuse treatment outcome. Although the results indicated that acculturative type did not predict substance abuse treatment outcome, a positive correlation between acculturative stress and alcohol and substance abuse problems emerged among the combined and Hispanic samples. In the combined and Hispanic groups, …

A Faith-Based Program Evaluation: Moral Development Of Seminary Students At The Louisiana State Penitentiary, Bruce Sabin

Electronic Theses and Dissertations

The purpose of this dissertation was to conduct an outcomes-based program evaluation for the Louisiana State Penitentiary (Angola) campus of the New Orleans Baptist Theological Seminary. The study included one primary research question, with two subquestions. The primary research question asked to what extent students in the program developed moral judgment consistent with program goals of rehabilitating students and preparing them for effective ministry. The first subquestion asked whether statistically significant differences existed in the moral reasoning of students of different class years. The second subquestion asked whether statistically significant differences existed in the moral reasoning of students of different …

The Relationship Among Wellness, Severity Of Disturbance, And Social Desirability Of Entering Master's-Level Counseling Students, Heather Smith

Electronic Theses and Dissertations

A wellness paradigm may hold promise for unifying and strengthening the identity of the counseling profession. The construct of wellness may also hold implications for assessment of entering master's-level counseling students, as a tool for continuous evaluation of students, or for overall program evaluation. In this study, the only counseling-based wellness assessment measure, the Five Factor Wellness Evaluation of Lifestyle, was tested for its relationship to two other constructs: psychological disturbance and social desirability. In order to test the research hypotheses, a total of nine programs (in five states) and 204 entering master's-level counseling students completed instrumentation packets comprised of …

Orienting Of Visual-Spatial Attention With Augmented Reality: Effects Of Spatial And Non-Spatial Multi-Modal Cues, Christian Jerome

Electronic Theses and Dissertations

Advances in simulation technology have brought about many improvements to the way we train tasks, as well as how we perform tasks in the operational field. Augmented reality (AR) is an example of how to enhance the user's experience in the real world with computer generated information and graphics. Visual search tasks are known to be capacity demanding and therefore may be improved by training in an AR environment. During the experimental task, participants searched for enemies (while cued from visual, auditory, tactile, combinations of two, or all three modality cues) and tried to shoot them while avoiding shooting the …

Middle School Mathematics Teacher Certification, Degree Level, And Experience, And The Effects On Teacher Attrition And Student Mathematics Achievement In A Large Urban District, Bonnie Swan

Electronic Theses and Dissertations

The purpose of this study was to examine the backgrounds and experiences of middle school mathematics teachers that often distinguish "quality" teachers, including certification, experience, degree type, and degree level and how those demographics and others vary for different types of schools. The emphasis was on profiling teachers in a large urban district by describing their basic features and distributions, as well as how middle school mathematics teachers, according to those differences, relate to student mathematics achievement, teacher attrition and teacher mobility. Student achievement was measured by test results from the Norm Reference Test-Normal Curve Equivalent (NRT-NCE) mathematics portion of …

Examining Employee Use Of Family-Friendly Benefits With The Theory Of Planned Behavior, Heather Seiser

Electronic Theses and Dissertations

The purpose of the present study was to investigate the factors that may be related to employees' decisions to use the family-friendly benefits (e.g., maternity/paternity leave, flexible work schedule) that are offered to them by their employers. Research has shown that both employees and organizations benefit when employees use family-friendly benefits. However, research has also shown that many employees do not take advantage of such benefits. Studies examining this issue are limited, and much of the research that has been conducted is anecdotal and atheoretical. The present study overcame this problem by empirically examining the use of family-friendly benefits within …

The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding

Faculty Scholarship

This article explores how speculative bubbles undermine the effectiveness of securities regulations and spawn epidemics of securities fraud. A brief historical survey demonstrates that stock market bubbles almost invariably coincide with epidemics of securities fraud, and provides a compelling argument that the outbreak of fraud in the Enron era did not stem merely from factors unique to the 1990s, but from the dynamics of an asset price bubble as well. Drawing on perspectives from securities law practice and economic theory, the article argues that bubbles dilute the deterrent effect of antifraud rules and promote deregulation. Both effects alter the calculus …

Principles Of U.S. Family Law, Vivian E. Hamilton

Faculty Publications

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …

The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim

Faculty Publications

No abstract provided.

Dissolving The Divide: Cross-Racial Communication In The Restorative Justice Process, Krista Smith

Dalhousie Journal of Legal Studies

Restorative justice encounters often bring together participants of differing races. The communication style of participants has a significant impact on such encounters. To date, the restorative justice literature has given little attention to the effect of cross-racial communication on the encounter process. This paper discusses this issue by exploring the risks and opportunities present when an individual from a traditionally marginalized race openly shares her experience of the crime with an individual from the dominant race. In order to draw these risks and opportunities into high relief, the author relies on a single example: a restorative justice encounter between a …

Harry And Gretchen Billings And The People's Voice, Anne Elizabeth Pettinger

Graduate Student Theses, Dissertations, & Professional Papers

Pettinger, Anne, M.A., Autumn 2006 Journalism Harry and Gretchen Billings and the People’s Voice Chairperson: Dennis Swibold Though the People’s Voice was published for three decades and during a time when Montana was undergoing significant change, little has been written about the paper and its long-time editors, Harry and Gretchen Billings. The weekly Voice, published in Helena from 1939 to 1969, was conceived in response to frustration over corporate control of most of the state’s dailies. As a cooperatively owned paper that refused commercial advertising and gave complete independence to its editor, the Voice was an anomaly in mid-twentieth century …

Smith’S Humean Criticism Of Hume’S Account Of The Origin Of Justice, Spencer J. Pack, Eric Schliesser

Economics Faculty Publications

Adam Smith criticizes David Hume's account of the origin of and continuing adherence to the rule of law for being not sufficiently Humean. Hume explained that adherence to the rule of law originated in the self-interest to restrain self-interest. According to Smith, Hume does not pay enough attention to the passions of resentment and admiration, which have their source in the imagination. Smith offers a more naturalistic and evolutionary account of the psychological preconditions of the establishment and morality of justice than Hume had. Smith severs the intimate connection that Hobbes and Hume made between justice and property.

Sex, Androgyny, Prostitution And The Development Of Onnagata Roles In Kabuki Theatre, Sara K. Birk

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Integration Of Sound And Color| An Experiment In Synaesthesia Involving Music And The Visual Arts, Diane Evelyn Jordan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Derivative Currents, Sarah Agnes Conway

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Faculty Publications

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …

Punishing Children In The Criminal Law, Cynthia V. Ward

Faculty Publications

No abstract provided.

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.

The Divine Conspiracy: Rediscovering Our Hidden Life In God. By Dallas Willard, Godfrey J. Ellis

BYU Studies

Dallas Willard. The Divine Conspiracy: Rediscovering Our Hidden Life in God. New York: HarperCollins, 1997.

Blended, S. Brent Scharman, Janet S, Scharman

Marriage and Families

No abstract provided.

The Veil Between Fact And Fiction In The Novels Of Kristian Ostergaard, John Mark Nielsen

The Bridge

The bicentennial of the births of Hans Christian Andersen and August de Bournonville and the 150th anniversary of the death of Soren Kierkegaard provide opportunity to reflect and celebrate how artists and philosophers interpret and express the complex network of values and ideas inherent in any culture. Great artists and thinkers are particularly successful in producing work that transcends a specific culture and achieves universality recognizable beyond the boundaries of that culture into which they were born. Certainly the works produced by Andersen, Bournonville, and Kierkgaard are not just Danish; their work engages and invites audiences to consider what it …

“The State Turning To Language”: Power And Identity In Russian Language Policy Today, Lara Ryazanova‐Clarke

Russian Language Journal

The first years of the twenty‐first century in Russia saw a considerable rise in the state’s regulation of language. In the words of one of the agents of this regulation, Natalia Liashchenko, a Consultant for the Committee for the Nationalities, “Определенный поворот к проблемам русского языка произошел и в органах государственной власти России.” The engagement of the state by way of regulations in the national discussion of the nature and quality of the Russian language demonstrates ‘the state power turning to language’.

Ethics, Morality, And Truth-Telling, Lee E. Teitelbaum

Utah Law Review

The most troublesome of these examples is the last-impeachment by prior conviction. Jethro Lieberman's book, The Litigious Society, argues that to impeach a witness to save your client is like a bodyguard throwing an innocent person in the path of a bullet.66 Until 1993 the Criminal Defense Standards suggested that impeachment by prior conviction should be avoided if the witness is testifying truthfully.67 Lieberman's argument reminds one of the dangers of analogy, and the Defense Standards ultimately only hoped that lawyers will not impeach witnesses for the fun of it. Perhaps the real problem is with the evidence rule itself. …

Worlds Together . . . Words Apart: An Assessment Of The Effectiveness Of Arts-Based Curriculum For Second Language Learners, Stephanie Urso Spina

Publications and Research

The objective of this study is to assess whether authentic arts-based1 curricula facilitate the acquisition of English as a second language (ESL) without sacrificing proficiency in the first language (Spanish). This question is examined theoretically and empirically. First, the use of an arts-based curriculum is positioned within a Vygotskiian framework of learning as reflected in current research. This overview is organized by two themes: 1) the authenticity of the art experience and 2) the emphasis on social interaction and the cognitive mediation among sign systems. Applicable findings from related literature are reviewed and synthesized within each of these themes. Secondly, …