Digital Commons Network^™

The Family Law Education Reform Project: Final Report, J. Herbie Difonzo, Mary E. O’Connell

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (the FLER Project) was launched by a group of professionals who share a common concern. In their regular (for some, daily) interactions in the family court, they routinely observe lawyers who are woefully unprepared to make positive contributions on behalf of their clients. While some novice attorneys struggle valiantly and learn quickly, the quality of their initial preparation is, to use a term that surfaced often in FLER Project discussions, dismal. The question this group asked is “can we help the law schools to do this better?”

The Development Of Legal Reasoning Skills In Law Students: An Empirical Study, Stefan H. Krieger

Hofstra Law Faculty Scholarship

This article describes a study examining the development of legal reasoning skills in law students through their law school careers and reports some preliminary findings comparing the cognitive development of medical and law students. During the past two decades, scholars have begun to study the process by which medical students progress from novices to expert practitioners and the effect of different curricula on this development. Studying subjects at all levels of medical expertise-from first-year medical students to medical residents to experienced specialists in practice, these researchers have developed theories grounded in empirical findings about the reasoning process of expert physicians …

Hitting The Sweet Spot: Finding The Center In Teaching Professional Responsibility, Steven H. Hobbs

Articles

No abstract provided.

Misogyny, Androgyny, And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith M. Render

Articles

Understanding sexual harassment as a form of discrimination because of sex has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender equality one that is separated from a binary model of men and women but that nonetheless continues to disadvantage women as compared to men The paper refers to this idea as the androcentricassimilation …

Religion And State: Some Main Issues And Sources, John M. Finnis

Journal Articles

Public reason's default position is not atheism or agnosticism about the dependence of everything on a transcendent Creator. On the contrary, there is good reason to judge that there is such a transcendent cause, capable of communicating with intelligent creatures, that one of the world's religions may be essentially true and others substantially truer than atheism, and that there is a human or natural right to immunity from coercion in religious inquiry, belief (or unbelief, precisely as such), and practice so far as is compatible with public order, that is with the rights of others, public peace and public morality. …

Service-Learning In Watershed-Based Initiatives: Keys To Education For Sustainability In Geography?, James Eflin, Amy L. Sheaffer

Service Learning, General

A call for combining the strengths of geographic education with environmental education to produce an 'education for sustainability' addresses local problems for sustainable development. A place-based approach encourages civic responsibility among students. Using service-learning to extend education beyond the classroom in this case study connected students with local clients in a watershed-based initiative. Theoretical underpinnings of service-learning for geographic education are discussed, and the case study is viewed from instructor, student, and client perspectives to identify successful outcomes and provide suggestions for those who might adopt service-learning for the first time.

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Security Studies & International Affairs - Daytona Beach

"Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and …

The Granite, 2006, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

The Mirrored Walls Of Reality:A Journal Of Shattered Reflection, Lisa Bryant

Electronic Theses and Dissertations

Theatre in its most crude, poignant, and honest form exists as the unapologetic mirror of our world. It houses the piercing reflections of mankind's hope, fear, self-doubt, passion, joy, despair, brilliance, destitution, and desire. It becomes the image of all that man hopes to be, yearns to achieve, and knows he has destroyed. Theatrical performance is without equal in its ability to conjure visible truth from the reflection man sees everyday and hopelessly fails to recognize. Ultimately, theatre demands that man see himself without the masks of excuse, ignorance, or makeup. It is the vision of this journey to honor …

Moliere And Commedia Dell'arte:Past, Present, And Future, Nicole Klass

Electronic Theses and Dissertations

This thesis will explore the application of comemdia dell'arte technique to a contemporary performance. UCF's spring 2005 production of Molière's The Trickeries of Scapin will serve as a resource in both commedia dell'arte's ability to resonate with a modern audience as well as an analysis of the actor's process in fusing elements of commedia dell'arte and contemporary acting techniques. This document will include a thorough description of the history and origins of commedia dell'arte in order to decipher existing elements today. Also included, will be major influences on commedia dell'arte including Greek and Roman Comedy. It is important to discuss …

Tya Methodology Twentieth-Century Philosophy, And Twenty-First Century Practice: An Examination Of Acting, Directing, And Dramatic Literature, Allen Mccoy

Electronic Theses and Dissertations

Throughout the twentieth century, theatre for young audiences (TYA), or children's theatre, has been situated as something "other" or different than adult theatre, a kind of theatre--but not really theatre, a construct which opened the door to numerous "how to" philosophies geared specifically toward the theatre for young audiences practitioner. As a twenty-first century theatre practitioner, I am interested in how these philosophies are situated within or against current professional practices in the TYA field. This interest led me to the main question of this study: What are the predominant twentieth-century philosophies on acting, directing, and dramatic literature in the …

Henry James, Virginia Woolf, And Frank Lloyd Wright: Interiority, Consciousness, Time, And Space In The Modernist Novel And The Home, Carol Michaelsen

Electronic Theses and Dissertations

During the Modernist period, generally defined between the years 1890 and 1945, artists were attempting to break away from previous forms and styles. For example, writers like Henry James and Virginia Woolf sought to change the novel by exploring the consciousness of characters, while playing with the ideas of time and space to create the present moment. The thesis explores the modernist techniques used by James and Woolf, but also connects the work of the writers with the architecture of Frank Lloyd Wright. Using Joseph Frank's theory of spatial form, my work explores the similarities between Wright's designs of private …

Understanding Maternal Intentions To Engage In Home Visiting Programs, Karen Mccurdy, Deborah Daro, Elizabeth Anisfeld, Aphra Katzev, Ann Keim, Craig Lecroy, Courtney Mcafee, Carnot Nelson, Lydia Falconnier, William M. Mcguigan, Jennifer K. Park, James Sandy, Carolyn Winje

Human Development and Family Science Faculty Publications

Little is known as to why some parents choose to engage in voluntary home visitation services while others refuse or avoid services. To address this knowledge gap, this study tests several hypotheses about the factors that influence maternal intentions to engage in home visitation services and the link between these intentions and the receipt of a home visit. The sample consists of an ethnically diverse group of mothers identified as at-risk for parenting difficulties (N = 343). These mothers were offered home visitation services from nine home visiting programs located across six states. Regardless of service acceptance or refusal, …

Malcolm Jeeves, Ed., From Cells To Souls - And Beyond: Changing Portraits Of Human Nature And Hud Hudson, A Materialist Metaphysics Of The Human Person, Stewart Goetz

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Principled Executioner: Capital Juries’ Bias And The Benefits Of True Bifurcation, Susan D. Rozelle

Faculty Articles

Capital jurors are "death-qualified," or asked to verify at voir dire that their views on the death penalty would not prevent them from serving impartially. Ironically, death qualification itself creates juries unfairly biased toward guilt and death. Empirical investigation has demonstrated this skewing effect for over fifty years, and with the release of the recent Capital Jury Project data, any doubts on this score surely have been laid to rest. Efforts to ameliorate death qualification's prosecutorial bias have been hamstrung, however, by statutory unitary jury requirements like the one found in the Federal Death Penalty Act. Statutes like these, which …

A Conversation Among Deans On Results: Legal Education, Institutional Change, And A Decade Of Gender Studies, W. H. Knight, K. Bartlett, E. Rubin

Faculty Articles

On March 10, 2006, the Harvard Journal of Law & Gender, cosponsoring with the Harvard Civil Rights-Civil Liberties Law Review and the Harvard Law Review, hosted a conference, "Results: Legal Education, Institutional Change, and a Decade of Gender Studies," to address the number of student experience studies that detail women's lower performance in and dissatisfaction with law school. Rather than advocate for a particular set of responses to the different experiences of men and women in legal education, this conference sought to foster a discussion about the institutional challenges these patterns highlight. As one means of accomplishing this end, law …

A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro

Faculty Articles

Recent years have seen a proliferation of alternative reproductive technologies and the ready availability of reliable DNA testing. These developments have lead to enormous uncertainty concerning the meaning of a genetic tie between adult and child. On the one hand, reproductive technology has lead to a robust market where genetic material is readily bought and sold. This suggests it is not the root of parental status. On the other hand, DNA testing has allowed men to contest paternity of children, asserting that they are not genetically related to them. And their challenges have often been successful. Genetic linkage is particularly …

Linguistics As A Knowledge Domain In The Law, Janet Ainsworth

Faculty Articles

This article focuses on the use of linguistic expertise by trial courts to aid in fact-finding. It identifies many of the ways the legal system has been enriched by donations from linguistic scholarship. In addition, it discusses the underutilized-at-present use of linguistic knowledge by appellate courts as a tool for crafting and applying doctrinal rules. Whereas courts have adopted economics analysis in determining appropriate legal rules, linguistic science has been neglected. Linguistic predictions are more testable and falsifiable than economic predictions. Linguistic research can be useful—particularly in the areas of comprehensibility of texts and resolving textual ambiguity. Indeed, legislatures and …

Factors Associated With Prolonged Prehospital Delay Of African Americans With Acute Myocardial Infarction, Angela D. Banks, Kathleen Dracup

Nursing and Health Professions Faculty Research and Publications

BACKGROUND: Delays in seeking treatment for signs and symptoms of acute myocardial infarction are longer for African Americans than for whites.

OBJECTIVE: To determine factors associated with prolonged delay and the extent to which perceived racism influences prehospital delay in African Americans with acute myocardial infarction.

METHODS: Sixty-one African Americans with acute myocardial infarction were interviewed within 1 month of hospital admission. Delay times were calculated on the basis of the interviews. Independent t tests and chi(2) tests were used to determine factors associated with prolonged delays. RESULTS: Median delay was 4.25 hours and did not differ significantly between women …

Reconsidering The Medical Expert Witness System, Yunwei Jiang

LLM Theses and Essays

The expert witness is indispensable in a medical malpractice case. However, there are three main defects in the currently existing expert witness system. One is incompetence of expert witnesses. Another is professional negligence of expert witnesses. The other is dishonesty of expert witnesses. To make the expert witness system more efficient, this article examines currently existing rules and offers some proposals regarding the three issues. For the first one, the suggestion of this article is to rely on the standards of expert qualification and admitting expert testimony. For the second one, this article distinguishes expert witnesses from lay witnesses, and …

Do Information Privacy Concerns Affect Students’ Feeling Of Alienation?, Joseph S. Mollick, John Michael Pearson

Journal of International Technology and Information Management

Organizations such as universities collect and use personal data about customers such as students. How do students feel about their university’s practices related to the collection and use of personal data? Using data collected via a survey of 187 students at a large U.S. university, we investigate the effects of these two privacy concerns on students’ feeling of alienation. Implications of the results are discussed in light of ethics, strategy, design, control and administration of personal information management systems.

Development Of A Risk Assessment Model For Global Information Technology Outsourcing, June Wei, Brian Peach

Journal of International Technology and Information Management

Global Information Technology (IT) outsourcing has been recognized to have important potential benefits. However, researchers and practitioners also recognize potential risks involved in global IT outsourcing, which sometimes lead to undesirable consequences. This paper develops a model to assess risks in global IT outsourcing. Specifically, this paper begins by identifying global IT outsourcing risk factors by considering the national infrastructure, organizational infrastructure, and project environment. Second, a Global IT Outsourcing (GITO) engagement model for risk assessment is developed to logically link all these risk factors together. Third, one quantifiable approach based on a relative-weighted assessment model is presented to demonstrate …

State Representation Of Children's Interests, Naomi R. Cahn

GW Law Faculty Publications & Other Works

The state's claim that it can represent children's interests plays a significant role in defining the structure of families, the relationships within families, and the development of children's interests. This paper explores three different contexts involving the state and the contested nature of how the interests of minors are represented in both national and international law: first, in restricting the abortion rights of minors, the state claims to be protecting them; second, in allowing parents to decide who will act as caretaker for their children if both parents are dead, the state defers to parents' wishes; and third, in dysfunctional …

The Criminal Justice Response To Elder Abuse In Nursing Homes: A Routine Activities Perspective, Brian K. Payne, Randy R. Gainey

Sociology & Criminal Justice Faculty Publications

Politicians and researchers have begun to pay more attention to elder abuse in recent times. Most of the research on elder abuse has focused on cases of abuse perpetrated by family members, treating the phenomenon as a social problem, but it is increasingly being conceptualized as a crime problem. The current study examines elder abuse in nursing homes from a criminological perspective. Using routine activities theory as a guide, particular attention is given to the criminal justice system's response to abusive activities committed by nursing home employees. In all, 801 cases of abuse investigated by Medicaid Fraud Control Units are …

Sex In The City Of God, Diana Macalintal

School of Theology and Seminary Graduate Papers/Theses

The Church does not canonize saints; it canonizes causes, lifestyles, and attitudes. This is increasingly evident in the causes for lay people, especially married couples. Although it has made recent strides toward a more balanced theology of sexuality, the Catholic Church will not be comfortable canonizing happily married, sexually active couples until Mary is valued as a disciple and not exclusively as a virgin. Through an examination and evaluation of the explicit and implicit theology of sexuality as found in Scripture, Church teaching, and the canonization process, this paper will propose a new theology of sexuality based on a re-visioning …

"The Sad (Or Angry) Lament:" An Exposition Of African American Struggles With Issues Of Gender In Relationships Depicted Through Works Of Literature., Bethany Joy Conner

Honors Theses

African-American gender roles have traditionally been problematic in regards to studying the effects of traditional western nonns upon the black community. The purpose of this work is to elaborate on the particular difficulties that African-American women face when confronted with rigid social constraints in relationships (platonic, romantic, and familial). African- American fictitious literature is adept at depicting the many and varied subtleties and complexities of African-American female experiences in relationships and presents an intriguing slant to this topic. Thus, this work is mostly based upon fiction by African-American female writers who deal directly with the effects of African-American gender roles. …

Table Of Contents, Depaul College Of Law

DePaul Law Review

No abstract provided.

Introduction: Who Feels Their Pain - The Challenge Of Noneconomic Damges In Civil Litigation: Eleventh Annual Clifford Symposium On Tort Law And Social Policy, Stephan Landsman

DePaul Law Review

No abstract provided.

A Comparative Law Look At Pain And Suffering Awards, Stephen D. Sugarman

DePaul Law Review

No abstract provided.

Why Do Proposals Designed To Control Variability In General Damages (Generally) Fall On Deaf Ears? (And Why This Is Too Bad), Joseph Sanders

DePaul Law Review

No abstract provided.