Digital Commons Network^™

Confronting Barriers To The Courtroom For Animal Advocates: Legal Standing For Animals And Advocates, David Cassuto, Jonathan Lovvorn, Katherine Meyer, Joyce Tischler

Animal Law Review

Panelists: David Cassuto, Jonathan Lovvorn, and Katherine Meyer

Moderator: Joyce Tischler

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish …

Waging War Against Terror: An Essay For Sandy Levinson, Philip Bobbitt

Georgia Law Review

Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states-including virtual states like al Qaeda's global ummah 2-whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states wished to press …

The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin J. Heller

Georgia Law Review

It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarfs. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation-a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another."2 Professor Levinson wants to find a workable balance between constitutional restraints and …

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander

Georgia Law Review

As others in this symposium have stated, Richard V. Wellman devoted his professional life to promoting legislation to make the law of estates and trusts responsive to the needs of a state's citizenry. As he saw it, his goal to make the law of donative transfers simpler, fairer, and less expensive depended upon new legislative proposals accompanied by a range of strategies to educate the bar and policymakers about them. Over the years, Dick's faith in statutory lawmaking only grew, because estate planning experts and legislators lauded the benefits achieved through enactment of the uniform laws he either drafted or …

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Georgia Law Review

The aftermath of Hurricane Katrina brought to the nation's attention the dangers of disease from unmanaged hazardous medical waste. Congress recognized this concern long ago when it passed the Medical Waste Tracking Act (MWTA), but since this program expired in the early 1990s, little of consequence has been done to regulate medical waste on the federal level. It is now time for a uniform federal system of medical waste regulation-one which (1) specifies minimum standards for handling, disposal, and treatment; (2) calls for nationwide tracking; (3) creates a regulatory framework for individual sources of medical waste; and (4) imposes civil …

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Faculty Publications

No abstract provided.

Mutual Dependency In Child Welfare, Clare Huntington

Faculty Scholarship

The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This article argues that the principle conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This article proposes a novel reconfiguration of family autonomy that encourages engagement with the state, rather than simply …

Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene

Faculty Scholarship

A hallmark of religion clause scholarship is the complaint that the doctrine is a hopeless muddle. However, the Rehnquist Court brought a considerable amount of consistency-well, apparent consistency- to the doctrine. I say "apparent consistency" because, just as a paradox is only a seeming contradiction, so was the Rehnquist Court's religion clause jurisprudence only seemingly consistent. The doctrine focuses on whether the government singles out religion for special benefit (generally problematic under the Establishment Clause) or for special burden (generally problematic under the Free Exercise Clause). If, on the other hand, the government benefits religion as part of a more …

Teaching Reflective Lawyering In A Small Case Litigation Clinic: A Love Letter To My Clinic Papers Presented At The Ucla/Ials Conference On Enriching Clinical Education, Ian Weinstein

Faculty Scholarship

This article describes a live client, small case, teaching and learning centered, criminal defense clinic set in a high volume urban court. It offers concrete suggestions about how clinical educators can help students develop analytic and technical skills. The clinic model is conceived in three phases: giving students the opportunity to develop a contextualized understanding of the client; guiding students through strategic analysis and planning; and focusing students' litigation strategies on executing their tactical vision for their client. The article argues that this clinical setting structures the students' experiences so that they develop a complex and deeply moral lawyerly problem …

Grave Building: A Tribute To Charles J. Ogletree, Jr., And His Evolving Legacy, Robin A. Lenhardt

Faculty Scholarship

This tribute celebrates the tremendous legal career of Professor Charles J. Ogletree, Jr. It highlights his many contributions to the legal profession and academy, including his role in preparing a cadre of lawyers for the 21st Century; body of scholarship focusing on racial justice issues; and instrumental role in developing new approaches to civil rights lawyering.

Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel

Walden Dissertations and Doctoral Studies

This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …

Relationship Of Perceived Physical Competence, Exercise Intensity, And Body Mass Index To Enjoyment Of Elementary Students In Physical Education, Wei Mei Sin

Dissertations and Theses @ UNI

The sedentary lifestyles of some children have led to negative consequences for present and long-term health. Schools have the potential to improve the health of youth by providing positive enjoyable learning environments that promote physical activity outside school. The purpose of this study was to determine the relationship of perceived physical competence, exercise intensity, and body mass index to enjoyment in physical education among elementary students. The sample consisted of 56 fourth and fifth grade students enrolled at Grundy Center Elementary School in Iowa. A self-report questionnaire was used to ascertain information regarding children's enjoyment during participation in physical education …

Effects Of External Rewards On Elementary Students’ Motivation To Read Independently, Benjamin David Olsen

Dissertations and Theses @ UNI

In an age of increased accountability, even down to how well, and how much, students read independently, teachers are looking for ways to motivate students to read. One popular way schools and teachers have looked to increase motivation is with reading incentive programs. Despite this widespread enthusiasm for such programs there has not been solid, replicable research that has supported the continued use of incentive programs to increase students' future motivation to read. This study examined how a reading incentive program affected students' motivation and attitudes toward reading and the time they spent reading. Research was guided by the following …

Fine Art And Processing Fluency: Symmetry And Contrast Influence Preference In Paintings, Jennifer Ann Grossheim

Dissertations and Theses @ UNI

How do we discern beauty? The question has been debated by competing theorists throughout the years. Recently, Reber, Schwarz, and Winkielman (2004) have proposed that beauty is a function of an individual's processing fluency. In other words, the more easily one first processes an image the more beautiful it is judged to be. The current research aimed to tests this hypothesis using selected works of fine art. Using self-reports, responses to altered and unaltered images were recorded. Images were either left intact or altered in order to reduce or increase their symmetry or figure-ground contrast-two elements considered to be hallmarks …

Direction Of Ghosts By Henrik Ibsen: Theatre Uni, Spring Semester 2004, Megan E. Schumacher

Dissertations and Theses @ UNI

The purpose of this study is to record and explain choices made in the direction of Ghosts by Henrik Ibsen. This creative thesis describes the director's process and includes a production journal, research and analysis, production goals and schedules, and a visual video recording of the production in performance. The goal of this process documentation is to provide the choices made through collaboration and authenticate those choices up to performances.

Ghosts was performed in the Bertha Martin Theatre located within the StrayerWood building as part of Theatre UNI's 2003-2004 season. Henrik Ibsen, the playwright, penned a domestic tale about a …

Larry Rivers And Frank O'Hara: Reframing Male Sexualities, Dong-Yeon Koh

Dissertations, Theses, and Capstone Projects

In 1970, Sam Hunter complained that the distinctive persona of proto-Pop artist Larry Rivers had overshadowed his artistic achievement. "Too often he has been taken as an engaging public performer", wrote Hunter, claiming that some critics "make the mistake of confusing his irrepressible exhibitionism with an imagined artistic flaw of fitful or unsteady inspiration". 1 This dissertation presents an alternative proposition regarding the relationship between Rivers' artistic persona and art: that an examination of Rivers' numerous activities inside and outside the artistic arena, such as poetry, jazz, and media, is indeed useful for understanding his work. Particularly, Rivers' involvement with …

When Is It Time For Science?, Raymond J. Dagenais

Publications & Research

The title of this article begs the question, "When should we be teaching science to our children?"

Even before birth human beings may recognize natural phenomena such as pressure and temperature differences, and spontaneously react to changes in such things. These are learning experiences. It can be argued that as the brain continues to grow and develop, connections are beginning to be formed and subconscious memories created. Information gathered through the senses may be stored in unarticulated patterns in the brain. Here is the foundation for a scientific understanding of nature.

Lettie Conrad And Victorian Ideals In The American West, Jennifer Delaney Rose

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cost Prevention Of Hiv, Jerika Lam

Pharmacy Faculty Articles and Research

"Since the introduction of highly active antiretroviral therapy (HAART) in the late 1990s, management of patients with human immunodeficiency virus (HIV) infection has improved where they are living longer and with fewer incidences of opportunistic illnesses. Furthermore, significant progress has been made in the understanding of the disease, the ability to quantify viral load and correlate with clinical outcomes, genotypic and phenotypic resistance assays designed to assess viral susceptibility, and a heightened awareness and appreciation of the importance of treatment adherence to ensure virologic suppression.' In spite of the benefits that HIV-infected patients may have acquired in terms of more …

Information Pursuit In Financial-Statement Analysis: Effects Of Choice, Effort, And Disaggregation, Mark W. Nelson, William B. Tayler

Faculty Publications

Prior research provides evidence that financial-statement users weight information less heavily in judgment when that information is provided in a less accessible format (e.g., information disclosed in a footnote or less important financial statement rather than being recognized on the income statement (Maines and McDaniel 2000)). We provide evidence that, conditional on users performing the analysis necessary to transform the financial statements to appear as if disclosed information had been recognized, users may weight that information more heavily than it would have been if it had been recognized. Our experiments are set in the context of constructive capitalization of operating …

Land Use Controls In Montana: An Analysis Of Factors Affecting Policy Adoption Of Countywide Zoning, Kristin N. Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Undergraduate Experience Of Turnaround After Academic Suspension: A Phenomenological Analysis, S. Melanie Hoell

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.

A Cultural Ethic In Tribal Forest Management And Self-Determination: The Human Dimension Of Silviculture, Victoria Lynn Yazzie

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Family Environment Alexithymia And Adolescent Substance Abuse, Donna J. Ryngala

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Relationship Between President's Leadership Style And Faculty's Job Satisfaction At Upgraded Universities Of Technology In Taiwan, Lung-Chuan Lawrence Liao

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

External Correlates Of The Mmpi-2 Restructured Clinical Scales In An American Indian Outpatient Sample, Jera L. Stewart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Parenting And Peer-Group Behavior In Cultural Context, David A. Nelson, Larry J. Nelson, Criag H. Hart, Chongming Yang, Shenghua Jin

Faculty Publications

Whether specific patterns of parenting are similarly associated with child peer group behavior in diverse cultural contexts has been a fascinating topic of inquiry. From classic anthropological studies dating back to the early twentieth century to the current interest in cross-cultural studies, knowledge concerning the question of universality and cultural variation in parenting linkages to childhood adjustment has expanded at an unprecedented rate (e.g., Harkness & Super, 2002). As the general field of parenting research has uncovered distinctions in parenting styles and practices (e.g., Darling & Steinberg, 1993; hart, Newell, & Olsen, 2003), these concepts have increasingly been applied to …

The Contribution Of Couple Leisure Involvement, Leisure Time, And Leisure Satisfaction To Marital Satisfaction, Heather A. Johnson, Ramon Zabriskie, Brian Hill

Faculty Publications

The purpose of this study was to further clarify the relationship between couple leisure patterns and marital satisfaction by examining the contribution of joint couple leisure involvement, leisure time, and leisure satisfaction to couples’ satisfaction with married life. The sample consisted of 48 married couples (N = 96). The Marital Activity Profile (MAP), a modified version of the Family Leisure Activity Profile (FLAP) was used to determine couple leisure involvement in core and balance leisure activities and leisure satisfaction. The Satisfaction With Married Life (SWML), a modified version of the Satisfaction With Life Scale (SWLS) was used to measure marital …