Digital Commons Network^™

Child Care For Children With And Without Disabilities: The Provider, Observer, And Parent Perspectives, Lisa Knoche, Carla A. Peterson, Carolyn P. Edwards, Hyun-Joo Jeon

Department of Child, Youth, and Family Studies: Faculty Publications

This three-phase study, part of a larger study conducted by the Midwest Child Care Research Consortium (MCCRC), investigated the characteristics of child care providers in inclusive and non-inclusive center-based classrooms and family child care homes, the observed quality of care in a subset of these programs, and families’ perceptions of quality and satisfaction with child care services. A telephone survey of 2022 randomly selected Midwestern providers, 36% of whom provided inclusive services, revealed that inclusive providers rated themselves higher on most quality-related indicators. Inclusion status was related to observed quality in family childcare homes (n = 132), with non-inclusive homes …

Privacy, Power, And Humiliation At Work: Re-Examining Appearance Regulation As An Invasion Of Privacy, Catherine Fisk

Faculty Scholarship

Workplace rules that deny fundamental aspects of personal autonomy are (in many states) and should be actionable invasions of privacy. Perhaps nowhere is the invasion more keenly felt than when an employer demands, under penalty of forfeiting one's livelihood, that one dress or alter one's physical appearance in a way that one finds offensive, degrading, inappropriate, or alien. Clothes and appearance are constitutive of how we see and feel about ourselves and how we construct ourselves for the rest of the world to see. Conventions of appearance for women and men, for racial, ethnic, and religious groups express and observe …

Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern

Faculty Scholarship

Stunned by the terrorist attacks of September 11, 2001, the Bush administration adopted a new National Security Strategy in September 2002. The UK government took a similar stance. This new strategy calls for anticipatory attacks against potential enemies with uncertain capacities and intentions, even before their threat is imminent. Rather than wait for evidence of weapons of mass destruction, it shifts the burden of proof, obliging ‘‘rogue’’ states to show that they do not harbor weapons of mass destruction or terrorist cells, or else face the possibility of attack. This new strategy amounts to the adoption of the Precautionary Principle …

Detecting Simulated Cognitive Impairment With Mmpi-2 Neurocorrection Scales, Paul D. Dukarm

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Role Of Trust And Ownership In Community Wildfire Protection Planning In West Central Montana, Paul R. Lachapelle

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Role Of Islamic Educational Values In Developing Emotional Intelligence Skills, Abdullah A. Alghamdi

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Verbal Negotiation Of Affection In Romantic Relationships, Andrea Ann Richards

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

From Turmoil To Discourse | The Function Of Rape And Incest In Fourteenth-Century "Popular" Middle English Romance, Desiree Cromwell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Postmodern Hybridity| The Magical Conflation Of Nature, Humankind, And Technology In Karen Tei Yamashita 'S Through The Arc Of The Rain Forest, John Wesley Ross

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet

Faculty Scholarship

Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …

Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman

Faculty Scholarship

This article first sets out the child welfare system's assumption that there is a child welfare exception to the Fourth Amendment and then describes the ways it is used to facilitate child maltreatment investigations. It goes on to analyze the validity of this assumption according to current Fourth Amendment doctrine including under the special needs administrative exception. (This analysis may be particularly useful to both family/children's law scholars as well as to Fourth Amendment scholars, as it examines all of the state and federal appellate cases addressing the subject, and provides a most up-to-date evaluation of the Supreme Court's special …

Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar

Faculty Scholarship

Brief of Neil Vidmar, et al. Amici Curiae in support of Respondent, Phillip Morris, USA v. Williams, No. 15-1256 (U.S. Supreme Court, September 15, 2006) In Williams v. Philip Morris (1999) an Oregon jury awarded the plaintiff $800,000 in compensatory damages and $79.5 million in punitive damages, a verdict upheld by the Oregon Supreme Court, but appealed to the U.S. Supreme Court (oral argument set for Oct 31, 2006). Critics of punitive damages argue that (a) juries are incompetent, irrational or biased in awarding punitive damages and (b) judges and appellate courts fail to police excessive verdicts. This amicus brief …

Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels

Faculty Scholarship

The law of jurisdiction and of the recognition and enforcement of foreign judgments is confused. So is the debate about it. Basic concepts, even that of jurisdiction, have ambiguous meaning. Misunderstandings, most prominent in the failure to conclude a worldwide judgments convention at the Hague, are the consequence. This article tries to bring conceptual clarity to the field through an analysis of concepts and relations. The article first shows that jurisdiction as a requirement for the rendering of a decision (direct jurisdiction) and jurisdiction as a requirement for the decision's enforceability elsewhere (indirect jurisdiction), are logically independent from each other. …

The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox

Faculty Scholarship

The accounting and financial scandals the last few years not only produced the Sarbanes-Oxley Act, but have prompted a good deal of debate what forces led to so many dramatic reporting failures. This article is the only work to examine how the competitive structure of the accounting industry contributed to its movement from being a profession to a business that performed auditing. In the article we find not only documentation that the accounting profession is an oligopoly but a sound explanation of how its poor structure contributes significantly to negative social welfare. Throughout the article provides rich support of data …

Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen

Faculty Scholarship

The relation of private law to the state is one of the most complex aspects of the challenges posed for the law by Europeanization and globalization. It is not only distinct from that between public law and the state; it is also not the same in different legal systems. This article provides a historical and comparative overview of this relation in Germany and in the United States. It analyses the historical conditions and reasons for which the state became the ultimate source of authority for private law in Europe but remained largely without importance for doctrinal discussions and jurisprudential decisions …

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale

Faculty Scholarship

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

The Judicial Experiment With Privatizing Religion, Gerard V. Bradley

Journal Articles

1984 was the high water mark of the U.S. Supreme Court's campaign to privatize religion - to strip public life bare of the sacred. It may also prove to be the mid-point: the "naked public square" was mandated by the Supreme Court in 1962, and there is good reason to think that now, in 2007, the Court might finally put an end to their misbegotten experiment.

"Privatization" of religion is tantamount to "secularism." Neither term denotes atheism, the claim that there is no God and that religion is, basically, an illusion. Privatization and secularism refer not to the denial of …

Ranks And Rivals: A Theory Of Competition, Avishalom Tor, Stephen M. Garcia, Richard Gonzalez

Journal Articles

Social comparison theories typically assume a comparable degree of competition between commensurate rivals on a mutually important dimension. In contrast, however, the following set of studies reveals that the degree of competition between such rivals depends on their proximity to a standard. Studies 1-3 test the prediction that individuals become more competitive and less willing to maximize profitable joint gains when they and their commensurate rivals are highly ranked (e.g., #2 vs. #3) than when they are not (e.g., #202 vs. #203). Studies 4-6 then generalize these findings, showing that the degree of competition increases not only for high ranks …

Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig

Journal Articles

This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.

While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Journal Articles

This Article challenges a foundational assumption about eminent domain - namely, that owners are systematically undercompensated because they receive only fair market value for their property. The Article shows that, in fact, scholars have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of eminent domain. The Article examines three ways that Takers (i.e., non-judicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high-subjective-value properties. Second, Takers frequently must pay more compensation in the form of relocation assistance. Third, Takers and property owners …

Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig

Journal Articles

When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …

Tradition And Development In The Catholic Church's Teaching On Marriage: A Response To Cardinal Trujillo, John J. Coughlin

Journal Articles

During the twentieth century, the teaching of the Roman Catholic Church on the nature of marriage remained fully faithful to ancient tradition and witnessed new developments. In his article, The Nature of Marriage and Its Various Aspects, Alfonso Cardinal Lopez Trujillo has afforded a splendid overview of both the timeless and adaptive features of the Church's teaching. In commenting on the article, I have been asked to identify obstacles to the article's reception as well as to suggest possible resolutions. My brief response to His Eminence, Cardinal Trujillo, consists of two parts. First, I suggest that an epistemological issue is …

They Who Persist: A Longitudinal Quantitative Case Study Of A University Student Cohort, Kenneth J. Marra Phd

Dissertations

Since the first published work on student persistence in 1929 by Edgerton and Toups, there have been literally thousands of studies that have attempted to unravel the mystery of why some higher education students persist through to graduation while others do not. Many of these studies have been qualitative in nature, restricting their generalizability, while those that have used the few existing national databases to quantitatively study persistence have been restricted to looking within a single year at multiple institutions. What is clearly missing from the literature are methodologically sound, year-to-year persistence studies conducted at individual institutions. This deficiency in …

Personalization For English Learners At A Small Conversion High School, Mary Jewell Edd

Dissertations

One of the most notable ways in which large, comprehensive high schools are working to meet the needs of the increasing numbers of English Language Learners (ELLs), and other students who may be struggling with academics, is by subdividing into smaller schools. One of the most appealing features of small schools is their emphasis on personalized instruction for students. While it takes many forms, personalizing education means knowing all students well and designing curriculum that meets their individual needs. Personalized learning environments hold enormous potential for improving the educational experiences, and even very lives, of English learners. The purpose of …

Review [Of Reading The Brontë Body: Disease, Desire, And The Constraints Of Culture By Beth Torgerson], Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

The Benefits Of A For-Credit Course For New Writing Center Staff, Richard Benjamin Crosby

Faculty Publications

Some questions about writing center theory and praxis never seem to change: how do we prepare for our clientele? How do we engage them? What questions should we ask? When should we direct them? And when should we encourage them to direct us? The list goes on. Fortunately, we consider it a virtue that we continue interrogating the same issues. As students of rhetoric, we realize that the answers to these questions often depend on the contexts in which they are asked. Thus, we give ourselves over to principles of adaptability. Instead of establishing rigid, universal rules that do not …

Theories Of Creativity And The Saga Of Charlotte Brontë, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Cognitive, Emotional, And Quality Of Life Outcomes In Patients With Pulmonary Arterial Hypertension, Joanne White, Ramona O. Hopkins, Eric G. Glissmeyer, Natalie Kitterman, C. Gregory Elliott

Faculty Publications

Background: The effects of pulmonary arterial hypertension on cardiovascular and physical function are well documented. Limited information exists regarding the effects of pulmonary arterial hypertension on cognitive function despite patient reports of problems with memory and attention. Our primary purpose was to determine if a prospectively identified cohort of pulmonary arterial hypertension patients had cognitive sequelae. Our secondary purpose was to determine the relationships between cognitive sequelae and neuropsychological test scores with depression, anxiety, and quality of life.

Methods: Forty-six adults with pulmonary arterial hypertension underwent assessment of cognitive function, depression, anxiety, and quality of life using standardized neuropsychological tests …

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Maryland Law Review

No abstract provided.