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2006 Apsa Teaching And Learning Conference Track Summaries, Gordon Babst, Denise Degarmo, Chris Harth, Bob Reinalda, Amy Cabrera Rasmussen, Reilly Hirst, Anas Malik, Ange-Marie Hancock

Political Science Faculty Articles and Research

The 3rd Annual APSA Conference on Teaching and Learning in Political Science hosted over 300 participants in lively discussions of trends, techniques, and models in teaching in political science. Held in downtown Washington, D.C. on February 18-20, the Conference was organized as a workshop-based forum to develop models of teaching and learning as well as to discuss broad themes affecting political science education today. Joining the discussion, APSA President Ira Katznelson (Columbia University) and keynote speaker Thomas E. Cronin (Colorado College) shared their thoughts on teaching and learning in the discipline.

The President Over The Public: The Plebiscitary Presidency At Center Stage, Lori Cox Han

Political Science Faculty Books and Book Chapters

"In this chapter, I will address the question of the usefulness of the public presidency in the current political environment (that is, can a president’s communication strategy make a difference in terms of what he achieves), as well as the constitutional danger, if any, posed by a president’s attempt at public leadership. Has the public presidency, and its focus on the public aspects of the office, thrown the constitutional balance of power between the three branches out of balance? Does the president really gain political power within the constitutional framework of our government if he is a skilled and effective …

Disciplining Public Employees For Expressive Activity, Ann C. Hodges

Law Faculty Publications

A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.

Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges

Law Faculty Publications

The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein

Law Faculty Publications

Trying to understand and apply the many different provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has caused people to yearn for the "good old days." At the National Conference of Bankruptcy Judges' (NCBJ) Annual Meeting in San Antonio in October 2005, there was a lot of talk about the "good old days" and some singing "'bout the good old days" at the NCBJ "Final Night Dinner" by a larger than life (at least as large as Sally Struthers), Wynonna Judd. And this has caused me to remember a daytime television show from my good …

Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein

Law Faculty Publications

This article discusses the post-Restatement Second use, misuse, and abuse of the terms "bilateral contract" and "unilateral contract" and answers the hypotheticals in the first paragraphs of the article.

The Impact Of The War Over The Corporate Attorney-Client Privilege On The Business Of American Health Care, Sarah Helene Duggin

Scholarly Articles

The purpose of this article is to review the current dispute over the corporate attorney-client privilege and work product doctrine and to explore its impact on the provision of health care. The article's principal thesis is that a strong attorney-client privilege, along with robust work product protection, is critical to the business of health care, the quality of medical services, and the effective enforcement of federal and state health care laws. Part I begins with a brief account of the origins and scope of the conflict between federal law enforcement policies and the corporate attorney-client privilege and work product doctrine …

The Personal Journey Of Solo Performance, Heidi Stenseth

Undergraduate Theses and Senior Projects

No abstract provided.

Schottky Field Effect Transistors And Schottky Cmos Circuitry, Reinaldo Vega

Theses

It was the primary goal (and result) of the presented work to empirically demonstrate CMOS operation (i.e., inverter transfer characteristics) using metallic/Schottky source/drain MOSFETs (SFETs - Schottky Field Effect Transistors) fabricated on silicon-on-insulator (SOI) substrates - a first-ever in the history of SFET research. Due to its candidacy for present and future CMOS technology, many different research groups have explored different SFET architectures in an effort to maximize performance. In the presented work, an architecture known as a "bulk switching" SFET was fabricated using an implant-to-silicide (ITS) technique, which facilitates a high degree of Schottky barrier lowering and therefore an …

The War On Terrorism And International Humanitarian Law, Steven R. Ratner

Articles

My focus today is on the broad question of the so-called "war on terrorism" and how it fits within the framework of the rules of international humanitarian law. Are these laws applicable? There have been a variety of claims since September 11th that humanitarian law needs some kind of revision. Some making this claim assert that the current legal regime is too generous to terrorists, while others insist that it is too generous to governments. The International Committee of the Red Cross (ICRC) has even convened various groups of experts to discuss this issue and the assumption among many has …

A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor

Articles

Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …

Foreclosure Equity Stripping: Legal Theories And Strategies To Attack A Growing Problem, Prentiss Cox

Articles

Foreclosure equity stripping is the classic case of kicking someone who is down. The person perpetrating the equity strip-let's call this person the "acquirer"- targets homeowners who are in foreclosure and have equity remaining in the property. Promising to "save" the home for the desperate homeowner, the acquirer offers refinancing or other assistance to "stop the foreclosure." For too many foreclosed homeowners, these promises end when the acquirer or the acquirer's confederates gain title to the property and take the homeowner's equity.

Trade And Tensions, Daniel J. Gifford

Articles

International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …

The Role Of European Governments In The Digital Economy, Arnoud Cyriel Leo De Meyer

Research Collection Lee Kong Chian School Of Business

What is the role of government in the digital economy? It is not our intention to go into an in-depth ideological debate on whether governments should intervene in the business sector. We will try to adopt a pragmatic approach and explore what already happens in practice. It is up to the reader to make a judgment to what extent the governments should be involved in the ICT sector. There is enough indication that, due to network externality effects, governments need to take on an active role in stimulating an e-environment to jump-start the move toward a higher level of e-readiness.In …

The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss

Faculty Scholarship

This Article examines the range of issues employers confront as a result of the federal government's reliance on private sector efforts as part of the war on terror. These include statutes protecting employees' positions while they serve on active duty, private activities by employees related to security concerns (e.g., the Arizona Minutemen, employees carrying concealed weapons), and employee involvement with charities and other organizations labeled as terror-connected. The Article also discusses the role of private security forces hired by employers and policy issues surrounding their cooperation with public security forces.

Depression, Volition, And Death: The Effect Of Depressive Disorders On The Autonomous Choice To Forgo Medical Treatment, Matthew Butkus

Electronic Theses and Dissertations

Many contemporary models of medical ethics champion patient autonomy to counterbalance historically paternalistic decision-making processes. These models tend to suggest an autonomous agent free from cognitive bias and systematic distortion (e.g., Kantian or Cartesian rational agents). Evidence is emerging from the fields of cognitive psychology, cognitive science, and neuroscience that fundamentally challenge this cognitive model, demonstrating the dependence of cognition on deeper, avolitional structures (e.g., backstage cognition, cognitive heuristics and biases, automaticity, emotionally-valenced memory, etc.), and hence, shifting the cognitive model towards reductionistic and deterministic philosophies and psychologies. Medical ethics models must adapt their sense of autonomy in light of …

Truth As Relationship: The Psychology Of E. Graham Howe, Ian Charles Edwards

Electronic Theses and Dissertations

Dr. Eric Graham Howe (d. 1975) was one of the most important psychologists in early 20th century Britain. Yet, for the most part, his work is relatively unknown. Howe was unjustly dismissed by the psychoanalytic community of his time. Howe was not only left out of the history of psychoanalysis, but also the history of psychology. Because of Howe's uninhibited eclecticism, because both the psychoanalytic and psychological literatures have ignored his work, and because he contributed to his own posthumous neglect, it was necessary to write a comprehensive survey of Howe's writings. Such a survey demonstrated the depth of his …

Interpreting Interpretation In Psychoanalysis: Freud, Klein, And Lacan, Lynn Christine Harper

Electronic Theses and Dissertations

This theoretical dissertation examines psychoanalytic interpretation through a critical textual analysis of primary texts by Sigmund Freud, Melanie Klein, and Jacques Lacan. Chapter One presents Freud's The interpretation of dreams (1900) as initiating a new psychoanalytic hermeneutic/interpretive epistemology, methodology, and method; explores Freud's subsequent epistemological revisions and evolving methodology; investigates the role of personal history/the past and the reconstruction (or construction) of missing memories as part of analytic interpretation; looks at the relationship between fantasy (psychic reality) and interpretation; and briefly examines the relationship between transference and interpretation. Chapters Two and Three explore interpretation as presented by Klein and Lacan, …

Being Touched By Music: A Phenomenological-Hermeneutical Approach To Understanding Tranformational Musical Experience, Kurt Kumler

Electronic Theses and Dissertations

This dissertation investigated the lived experience of being personally transformed by listening to music. The investigation started with an exploration of the literature that relates to the phenomenon of musical transformation, including natural-scientific research as well as ideas from musicology, ethnomusicology, psychology, literature, and philosophy. This research was designed to access the nuanced and subjective aspects of the phenomenon by attending to the experience as lived by the experiencer. The method was qualitative in nature, based on a phenomenological-hermeneutical methodology. Throughout the research process, the researcher maintained a reflexive stance, attending to assumptions and preconceptions held about the phenomenon. This …

An Investigation Of Psychosocial Functioning For Children And Adolescents Diagnosed With Bipolar Disorders, Maura Paczan

Electronic Theses and Dissertations

This study provides a literature review of how the various sub-types of bipolar disorders are related to a child's daily functioning. Also, this study examined the age of onset of the disorder as it is related to psychosocial functioning. Specifically, age of onset was compared with psychosocial functioning in the areas of friends, family and school. Further, the interaction between age of onset, type of bipolar disorder (I, II, NOS), and psychosocial functioning was examined. The results confirmed, youth diagnosed with Bipolar Disorder evidence significant difficulty in overall psychosocial functioning. This finding was consistent across measures (i.e., CGAS and GSA …

Negotiating Boundaries From Within: A Feminist-Psychodynamic Investigation Of Bulimia And Emotional Expression In Context, Deborah Pollack

Electronic Theses and Dissertations

In light of research demonstrating that eating disordered women have difficulty recognizing and expressing emotions, this study began by critiquing the popular conclusion that bulimic behavior signifies an arrest at the separation-individuation phase of development. Since the prevalence of bulimia nervosa has increased dramatically in the past thirty years, socio-cultural factors must also play an important role. This investigation therefore attempted to illuminate how dominant cultural ideologies perpetuate stereotypic, gendered family structures, which in turn shape the intra-psychic and interpersonal psychodynamics of bulimic women.

This multifarious approach towards understanding the construction of bulimic subjectivity necessitated that the present study use …

When Wombs Became Weapons: Women, Policy, And Propaganda In The Third Reich, Melanie Predis

Electronic Theses and Dissertations

The purpose of this thesis is to examine how the Nazi State used visual forms of propaganda in order to convey certain gender-specific policy aims to women living in the Third Reich. This will be accomplished by using the novel scholarly approach (referred to as the New Intentionalist approach) that these policy aims were not only fulfilling a State-centered need, but they also were reflecting a desire and a voice of agreement within the German population of women. In other words, while these policies were certainly driven by the immediate political needs of the National Socialists, such policies could not …

Normative Practices And Normative Identities: A Critical Feminist Investigation Of Pregnancy Ultrasound, Bethany Riddle

Electronic Theses and Dissertations

Pregnancy ultrasound has gained popularity in recent decades. In the U.S. and other industrialized countries, it is an expected part of the medical monitoring that accompanies pregnancy. Most scientific, medical and popular opinions of pregnancy ultrasound consider it to be unequivocally beneficial. However, following feminist researchers who note the potential for the ultrasound to act as a form of surveillance, medicalize the body of the woman while simultaneously removing it from the picture, and sediment the reality of pregnancy, I took as my starting point the idea that it is important that we investigate technologies that are taken for granted …

An Examination Of The Bio-Philosophical Literature On The Definition And Criteria Of Death: When Is Dead Dead And Why Some Donation After Cardiac Death Donors Are Not, Leslie Whetstine

Electronic Theses and Dissertations

Human fascination with transplantation has been portrayed in mythology and legend as well as in art and literature throughout history. It has both horrified and captivated our collective conscience and has progressed, in a relatively short time period, from science fiction to a modern accomplishment that can improve longevity and enhance quality of life.

The primary obstacle for transplantation is no longer scientific in nature but is predominantly one of supply and demand and carries with it attendant ethical concerns. Specific to this work is the question of whether a particular method of organ procurement known as Donation After Cardiac …

On The Day You Were Born: A Phenomenological Study Of Fathers' Experience Of Being Present At Their Children's Birth, Nick Williams

Electronic Theses and Dissertations

This dissertation is a qualitative investigation into the lived experience of becoming a father through witnessing the event of childbirth. I analyze transcripts of conversations between five fathers and myself using a phenomenological method to distinguish meaningful and psychologically significant statements. I then weave these statements into a series of thematically and structurally consistent narratives that reflect the fathers' attitudes and experiences concerning becoming and being a father. From these narratives, I draw together themes that appeared across multiple fathers' stories. These themes consist of the father's relationship with the social world, including fathers in relation to other fathers and …

A Strategic Interpretation Of Legal Transplants, Nuno Garoupa, Anthony Ogus

Faculty Scholarship

In this Paper, we provide a strategic explanation for the spontaneous convergence of legal rules, which nevertheless falls short of harmonization across jurisdictions. We identify a free-riding problem and discuss its implications for legal culture, integration, and harmonization. It is argued that harmonization of legal rules by a central authority in order to generate a uniform legal culture could be the response to a coordination failure. It could also be a serious policy mistake, however, leaving everybody worse off. The result depends crucially on the relative benefits and costs of importing and integrating different legal orders.

Hardrock Homesteads: Free Access And The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak

Faculty Scholarship

Most discussions of the US General Mining Law of 1872 begin with the premise that the statute is an outdated relic of 19th-century attitudes towards resources and should be replaced with a modern system of royalties, permits and concessions. In contrast, this article argues that the statute provides institutional mechanisms that resolve incentive problems created by government ownership of mineral resources. Instead of calling for radical change in US mining laws, the authors hold up the free access principle of the General Mining Law of 1872 as a model for privatisation of assets whose value is unknown.

Jurisdictional Implications In The Reduced Funding Of Lower Federal Courts, James P. George

Faculty Scholarship

This article argues two related propositions. First, if Congress were to eliminate all funding for lower federal courts, its constitutional authority to regulate those courts would become as meaningless as the empty courthouses. Second, Congress breaches its duty to furnish a forum at a point short of full defunding, and with that breach, Congress's regulatory power over private civil disputes otherwise litigable in state courts--preempted and removable state law claims--becomes constitutionally invalid. The first fact setting of full defunding is hypothetical; the second has been underway for several years.