Digital Commons Network^™

Men's Partner-Directed Insults And Sexual Coercion In Intimate Relationships, Valerie G. Starratt

Electronic Theses and Dissertations 2000 - 2009

Given the negative psychological and health-related consequences of sexual coercion, recent research has focused on predicting sexual coercion. In two studies, I investigated the relationships between men's partner-directed sexually coercive behaviors and their use of partner-directed insults in the context of intimate relationships. Study 1 secured self-reports from 247 men on the Partner-Directed Insults Scale and the Sexual Coercion in Intimate Relationships Scale. Study 2 secured partner-reports from 378 women on the same measures. Across both studies, the results indicate that men's use of sexually coercive behaviors can be predicted by the frequency or content of the insults that men …

Morbid Jealousy From An Evolutionary Psychological Perspective, Judith A. Easton

Electronic Theses and Dissertations 2000 - 2009

Individuals diagnosed with morbid jealousy have hypersensitive jealousy mechanisms that cause them to have irrational thoughts about their partners and to exhibit extreme behaviors. Because morbid jealousy is defined as a malfunction of evolved jealousy mechanisms such that they produce increased chances of perceiving partner infidelity, research guided by an evolutionary psychological perspective can add insight to the understanding of the disorder. The present research tested eleven evolutionarily relevant hypotheses about jealousy, in an attempt to improve the understanding of the etiology of morbid jealousy. To investigate a large enough sample, I created a database of all the morbid jealousy …

Negro Para La Nacion: Raza E Identidad Nacional En Las Obras De Alejo Carpentier Y Jacques Roumain, Walteria C. Tucker

Electronic Theses and Dissertations 2000 - 2009

This study questions the representation of the "black subject" in Alejo Carpentier's ¡Ecue Yamba O! (1933) and Jacques Roumain's Gouverneurs de la rosee (1944), in order to discuss the mechanisms of inclusion and/or "cooptation" employed by the liberal-marxist elite in their nationalist/anticolonial efforts. During the time period in which these two works were written, the ideological, economic and political interventionism of the United States inspired various movements or artistic resistence against "yankee" power in the Caribbean. My study shows how Carpentier and Roumain incorporate the "black subject" in their narratives tin order to generate a national identity to be used …

Mothering And Male Masochism In Mary Elizabeth Braddon's Aurora Floyd, Denise Hunter Gravatt

Electronic Theses and Dissertations 2000 - 2009

Feminist literary critics often praise Mary Elizabeth Braddon's sensation novels for undermining Victorian gender ideologies, and yet by failing to scrutinize aspects of maternity and female sexuality, they overlook some of her work's most subversive potential. In Aurora Floyd, for instance, Braddon deploys the trope of the missing mother to deconstruct the Victorian maternal ideal of a pure, passive angel in the house. Her text proposes a notion of motherhood, which is more concerned with internal goodness and vitality, rather than with the Victorian era's emphasis on external proprieties and socially constructed notions of femininity. Braddon's Aurora is a motherless …

New Results In Group Theoretic Cryptology, Michal Sramka

Electronic Theses and Dissertations 2000 - 2009

With the publication of Shor's quantum algorithm for solving discrete logarithms in finite cyclic groups, a need for new cryptographic primitives arose; namely, for more secure primitives that would prevail in the post-quantum era. The aim of this dissertation is to exploit some hard problems arising from group theory for use in cryptography. Over the years, there have been many such proposals. We first look at two recently proposed schemes based on some form of a generalization of the discrete logari thm problem (DLP), identify their weaknesses, and cryptanalyze them. By applying the exper tise gained from the above cryptanalyses, …

Nutrire: Nurture, Nursing A Material Culture Analysis Of Invalid/Infant Feeders And The Aesthetics And Caring Of Nursing, Nancy K. Smith

Electronic Theses and Dissertations 2000 - 2009

This dissertation analyzes a nursing artifact: the infant/invalid feeder. A material culture analysis, developed by the author, is utilized for the in depth study of 12 feeders. This work assumes that Caring is the core value of what constitutes nursing and nursing practice. The expression of the aesthetics of nursing through the act of feeding and use of infant/invalid feeders, aesthetic knowing and expression of that knowing, links caring and caring presence. The act of feeding another, whether sick or infant has been the domestic sphere of women throughout history and is also considered one of the most important duties …

Now You Hear It, Now You Don't: The Effect Of Markedness On The Perception Of Unattested Clusters, Tracy J. Lennertz

Electronic Theses and Dissertations 2000 - 2009

Linguistic theory predicts that speakers are equipped with universal sonority principles that restrict the structure of the syllable: onset clusters with sonority rises are preferred to onsets with plateaus, which are preferred to onsets with falling sonority (bn > bd > lb). We investigate the source of this preference in English, a language in which these sonority profiles are unattested. We gauged speakers' preferences for unattested onsets by examining their susceptibility to epenthetic repair. If English speakers are sensitive to onset structure, then onsets that are universally dispreferred should be more likely to elicit repair (e.g., lbif→lebif). Results from a syllable judgment …

Penny Stock Ipos As Investments, Daniel K. Konku

Electronic Theses and Dissertations 2000 - 2009

Researchers of Initial Public Offerings, IPOs, have, traditionally, filtered out low-priced stocks with cut-off prices depending on individual study. This study examines underpricing, short- and long-run performance of one special class of such low-priced stocks. I examine IPOs filed for and issued as Penny Stocks, as defined by the amended SEC Act of 1990. The study finds average first-day excess returns of 128% over a benchmark NASDAQ Decile 1 Index. The excess returns on nonpenny IPOs issued on the same markets as the penny stocks are 7.6% over the S&P 500 Index. Cross-sectional analyses show that lower-priced penny stocks and …

Residue, Susan L. Carlson

Electronic Theses and Dissertations 2000 - 2009

This creative thesis contains 19 poems exploring and examining the association of residues, primarily through that of memory and memories, through a process of defining and (re)defining those associations of memory (the residues) that attach themselves to memory and the actions of and upon memory. This thematic thread is woven throughout with narrative prose and verse, traditional and free verse, and the melding of each in an effort to exemplify the relationships between memory and its residual associations through structure, form, and language. Speakers are most often characters who represent the roles of memory and the associate value of the …

Does The Public Understand Intellectual Property Law? Do Lawyers?, David Vaver

All Papers

I was given a speaker's dream brief: to talk about whatever I wanted so long as it had something to do with the theme of the conference - intellectual property ("IP"). A few suggestions were made in a nice, non-authoritarian way. These could, of course, have been treated the way IP lawyers usually proceed, i.e., by entirely ignoring them. That is called purposive construction, and Canadian and British courts do it all the time. So a British court has read a patent claim to say that "vertical" can also mean "leaning", a decision that comforted builders everywhere. Not to be …

Foreword, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner

Journal Articles

Since the founding, all gerrymandering of election districts, at both the state and congressional levels, has been accomplished by state actors operating almost exclusively under state law. State constitutions have often served as a first line of defense against publicly disfavored practices, and the treatment of gerrymandering is no exception. The state constitutional record reveals a gradual introduction, diffusion, and evolution of a wide variety of provisions intended to control gerrymandering, including requirements of contiguity, compactness, respect for local political boundaries, and preservation of communities of interest, among others. Indeed, such provisions have been validated by the U.S. Supreme Court …

William H. Rehnquist: A Life Lived Greatly, And Well, Richard W. Garnett

Journal Articles

Chief Justice Rehnquist leaves behind a formidable and important legacy in constitutional law. His work on the Court was animated and guided by the view that We the People, through our Constitution, have authorized our federal courts, legislators, and administrators to do many things - but not everything. Because the Nation's powers are few and defined, Congress may not pursue every good idea or smart policy, nor should courts invalidate every foolish or immoral one. However, for those of us who knew, worked with, learned from, and cared about William Rehnquist, it is his unassuming manner, the care he took …

Defending Human Rights In The "War" Against Terror, Douglass Cassel

Journal Articles

Safeguarding human rights in our "war" against terrorism is both the right and the smart thing to do. It is right because human rights embody our fundamental values as Americans and as Christians. Our Constitution stands for freedom; our Creator teaches us to respect the God-given dignity of each human soul. Christians are called to cherish human dignity, not only of innocents, and not only of captives in war whose status as combatant or civilian may be uncertain, but also of cardinal sinners, the terrorists themselves. Christ Jesus teaches us to hate the sin, but somehow to bring ourselves to …

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

Journal Articles

Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive[ly]"—and, therefore, unconstitutionally—"entangle" government and religion, not only by requiring or allowing intrusive monitoring by officials of religious institutions and activities, but also through their "divisive political potential." He worried that government actions burdened with this "potential" pose a "threat to the normal political process and "divert attention from the myriad issues and problems that confront every level of government." And, he insisted that "political division along religious lines was one of the principal evils against which the First Amendment was …

Free Wage Labor And The Suffrage In Nineteenth Century England, Robert J. Steinfeld

Journal Articles

No abstract provided.

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger movement to democratize the …

Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum

Faculty Scholarship

This Article unfolds in six parts, of which the introduction is Part I. In Part II, The Legal Framework for Judicial Selection, we explore both the constitutional provisions and the Senate rules and customs that bound the judicial selection process. Part III, The Premises of the Model, discusses the analytical assumptions underlying our depiction of the judicial selection process in the form of a simple spatial model that can be easily understood and manipulated. The heart of the article is found in Parts IV and V. In Part IV, A Pivotal Politics Model of the Judicial Selection Process, we set …

Download It While Its Hot: Open Access And Legal Scholarship, Lawrence B. Solum

Faculty Scholarship

This Article analyzes the shift of legal scholarship from the old world of law reviews to today's world of peer reviews to tomorrow's world of open access legal blogs. This shift is occurring in three dimensions. First, legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short articles, blog posts, and online collaborations). Second, a regime of exclusive rights is giving way to a regime of open access. Third, intermediaries (law school editorial boards, peer-reviewed journals) are being supplemented by disintermediated forms (papers on the Internet, blogs). Blogs and internet conversations …

Henry Toulouse-Lautrec, Divan Japonais, 1892-93, Sheila Webb

College of Communication Faculty Research and Publications

No abstract provided.

Stories Of Community: The First Ten Years Of Nike Women's Advertising, Jean M. Grow

College of Communication Faculty Research and Publications

This semiotic analysis of early Nike women's advertising explores the evolution of the women's brand from its launch in 1990 through 2000, and includes twenty-seven print campaigns. The semiotic analysis is enhanced by in-depth interviews of the creative team. The study is framed by a single research question. What symbolically ties these ten years of advertising into a cohesive whole and how? Ultimately, three distinct mediated communities emerge. The story behind these communities, expressed semiotically and orally, suggests that the power of this advertising lies in its mediated construction of community life. The resonance of these ads is rooted in …

Willem Van Herp, Joachim And Anna, Ca. 1651-53, Paul Salsini

College of Communication Faculty Research and Publications

No abstract provided.

The Sulzer Hip Replacement Recall Crisis: A Patient's Perspective, Keri Stephens, Scott C. D'Urso, Penny Holmes

College of Communication Faculty Research and Publications

This case discusses a product recall that resulted from a manufacturing defect and the degree to which the company distributed accurate and timely information to affected patients. More specifically, the case examines the crisis communication of Sulzer Orthopedics and its efforts to negotiate the interests of various stakeholders, while limiting liability. Written from the perspective of a patient, the case raises interesting questions regarding organizational duties related to product liability. It also provides valuable insights into how organizational communication may have both short- and long-term effects on its relationship with patients and physicians, among others.

Reconsidering Public Relations’ Infatuation With Dialogue: Why Engagement And Reconciliation Can Be More Ethical Than Symmetry And Reciprocity, Kevin L. Stoker, Kati Tusinski Berg

College of Communication Faculty Research and Publications

Advocates of dialogic communication have promoted two-way symmetrical communication as the most effective and ethical model for public relations. This article uses John Durham Peters’s critique of dialogic communication to reconsider this infatuation with dialogue. In this article, we argue that dialogue’s potential for selectivity and tyranny poses moral problems for public relations. Dialogue’s emphasis on reciprocal communication also saddles public relations with ethically questionable quid pro quo relationships. We contend that dissemination can be more just than dialogue because it demands more integrity of the source and recognizes the freedom and individuality of the source. The type of communication, …

The Secret Life Of Legal Doctrine: The Divergent Evolution Of Secondary Liability In Trademark And Copyright Law, Mark Bartholomew, John Tehranian

Journal Articles

The recent explosion in intellectual property litigation has witnessed increasing recourse to secondary liability theories. The courts have responded favorably to plaintiffs by enunciating substantial reinterpretations of extant principles, thereby precipitating a veritable secondary liability revolution. Numerous commentators have bemoaned this trend, contending that judicial recasting of liability rules expands intellectual property rights beyond their intended scope, thereby resulting in an overprotective regime that stifles innovation. Yet one of the most striking aspects of the secondary liability revolution has been all but ignored in the literature: While the courts have broadened the scope of secondary liability principles with respect to …

Rethinking The "Less As More" Thesis: Supranational Litigation Of Economic, Social And Cultural Rights In The Americas, Tara J. Melish

Journal Articles

In their 2005 law review article Less as More: Rethinking Supranational Litigation of Economic and Social Rights in the Americas, James Cavallaro and Emily Schaffer argue for a "rethinking" of strategies to advance economic, social and cultural rights in the Americas. They posit that to achieve higher rates of real-world protection for such rights, social rights advocates should do two things: first, bring less litigation and, second, frame any marginal litigation that is pursued as violations of classic civil and political rights. According to the authors, this recommended course will increase the "legitimacy" of the litigation and lead to higher …

Counter-Rejoinder: Justice Vs. Justiciability?: Normative Neutrality And Technical Precision, The Role Of The Lawyer In Supranational Social Rights Litigation, Tara J. Melish

Journal Articles

An important debate is currently underway in the inter-American human rights system involving the proper approach litigators, adjudicators, and advocates should take to supranational litigation of economic, social and cultural rights. Centered on questions of jurisdiction and the proper characterization and limits of justiciability, its resolution has tremendous implications for the tools available to on-the-ground advocates, their real-world effectiveness and sustainability in adjudicatory and advocacy contexts alike, and the rationalization of the system's developing jurisprudence over the long-term.

This article book-ends a trilogy of pieces appearing in the NYU Journal of International Law and Politics by two sets of authors, …

Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett

Journal Articles

William H. Rehnquist's essay, The Notion of a Living Constitution, was delivered as the Will E. Orgain Lecture and then published thirty years ago, back when Rehnquist was still a relatively junior Associate Justice. The piece provides a clear and coherent statement of Rehnquist's judicial philosophy, and the Harvard Journal of Law and Public Policy and the Texas Law Review deserve thanks for their initiative and generosity in reproducing it, in memory of his life and work.

This introduction to Rehnquist's essay highlights his view that the Notion of a Living Constitution was to be resisted, not out of pious …

The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna

Journal Articles

This contribution to the Washington University School of Law conference on the Rehnquist Court and the First Amendment addresses the Rehnquist Court's view of the role of the First Amendment in intellectual property cases. It argues that, while the Rehnquist Court was not eager to find a conflict between intellectual property laws and the First Amendment, there is reason to believe that it set the stage for greater First Amendment scrutiny of intellectual property protections. At the very least, the Court left that road open to future courts, which might be inclined to view intellectual property more skeptically.

Personal Reflections On The Chief, Richard W. Garnett

Journal Articles

My favorite William Rehnquist quote is this, from Kansas v. Colorado: “The Arkansas River rises on the east side of the Continental Divide, between Climax and Leadville, Colorado. Thence it flows south and east through Colorado, Kansas, Oklahoma, and Arkansas, emptying into the Mississippi River, which in turn flows into the Gulf of Mexico. As if to prove that the ridge that separates them is indeed the Continental Divide, a short distance away from the source of the Arkansas, the Colorado River rises and thence flows southwest through Colorado, Utah, and Arizona, and finally empties into the Gulf of Baja, …