Digital Commons Network^™

Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber

Journal of Dispute Resolution

Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator's award for a trial de novo; absent an appeal, the arbitrator's decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs …

Social Conflict: Some Basic Principles, Dean G. Pruitt

Journal of Dispute Resolution

The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …

Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah

Journal of Dispute Resolution

News media are an important source of cultural production and information. Their representation of the social world provides explanations, descriptions, and frames for understanding how and why the world works as it does. In media studies, "frames" refer to the perspectives on, or interpretation of, current events provided by news coverage. Frames are complex and overlapping, existing in a single news article or within an entire body of news coverage. Multiple and opposing frames may exist simultaneously. Frames are built up from the choices reporters make in terms of language use, source selection, and story organization. In their coverage of …

Public Relations Perspective To Manage Conflict In A Public Health Crisis, A, Qi Qiu, Glen T. Cameron

Journal of Dispute Resolution

The present study particularly focuses on the SARS outbreak in China because it was a major battlefield against the disease that largely affected the fate of the worldwide SARS crisis. Framing analysis of media coverage of the SARS epidemic and organization information from the WHO is used to dissect specific conflicts and strategies involved in China's SARS crisis. The discussion finishes with a checklist for planning strategic communication and conflict management during public health crises.

News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod

Journal of Dispute Resolution

Past research on media coverage of social protests has yielded evidence of a protest paradigm: a set of news coverage patterns that typifies mainstream media coverage. This coverage generally disparages protesters and hinders their role as vital actors on the political stage. The lack of respect for the value of social protest inherent in such coverage has created frustration among the protesters, which has in turn contributed to dysfunctional confrontations. However, under certain conditions, journalists will deviate from the protest paradigm. Such aberrations were found in the Los Angeles Times' coverage of the May 1, 2006, "Day without Immigrants" demonstrations. …

News Coverage, The Expansion Of Discourse, And Conflict, Philip Seib

Journal of Dispute Resolution

The universe of news cultures--comprising providers and consumers-has never been static. It perpetually evolves, sometimes in small increments, sometimes with dazzling leaps. We are now in one of the latter phases, with new technologies driving change at high speed. This alteration of the news universe is a mix of reshaping and expansion, and it has a profound effect on social and political life throughout much of the world. It has particular impact on how policy makers and the public evaluate and respond to conflict.

Wanted: Leaders, Journalists, Scholars, And Citizens With The Right Stuff: A Reflection On Conflict, Journalism, And Democracy, Edmund B. Lambeth

Journal of Dispute Resolution

The purpose of this article is to describe, frame, and place the new initiative in the larger context of what can be done when professions and the institutions they inhabit and serve encounter internal stress and/or external conflict.

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

Little Fish In A Big Sea: Should Consumer Protection Statutes Override Class Arbitration Waivers, A, Thomas Wilmowski

Journal of Dispute Resolution

As arbitration agreements have become increasingly commonplace in dealings between large companies and their subscribers, courts have taken a strong interest in protecting consumer rights. As part of this protection, courts have to apply federal statutes, protecting the right to treble damages and recovery of attorney's fees in the context of mass arbitration agreements. The difficulty comes in attempting to allow companies to exercise their freedom of contract while protecting consumers with little bargaining power. Although other courts have largely favored arbitration, and upheld its applicability, a clash remains between consumer protection statutes and the waiver of those statutory rights …

The Refusal Of Care Algorithm: Communication Is Key To Safety, Andrea Prentiss

All Publications

No abstract provided.

Applying User-Centered Design In The Development Of A Software Application For The Treatment Of A Mental Health Disorder, Stacey L. Meacham

Theses

The research that follows will provide a process for applying a user-centered design methodology to the development of a virtual environment software application for the treatment of a mental health disorder, specifically post traumatic stress disorder (PTSD). The goal is to create a screen-based virtual environment product that focuses on the end user rather than the technological aspects of the system. Moreover, past and present treatments in the mental health and healthcare fields and their effectiveness will be analyzed through an extensive literature review.

Loss Prevention In Retail: Evaluation Of Time Delay Shelf System, Pavan V. Raja

Theses

This thesis studies the effectiveness in theft detterence of an asset control system, called "Time Delay Shelf," in a case study in several CVS/Pharmacy stores

Captivated In Time, Melissa S. Newcomb

Theses

Not included.

Untitled, Shawn Kosmala

Theses

The purpose of this thesis is to explore the relationship between society and its depiction as art. The research will require a look into my own personal everyday life and that of my family and close friends. It will further deal with the emotional connection that is created between the viewer and the image. In art it is not only the subject matter that is important, but the materials and techniques that are used. Through the research of other artists such as Chuck Close, John Singer Sargent, Meriseo Lanzanski, Charles White, Billy Andrews, Philip Pearlstein, Rodin, Egon Schiele it is …

Online Structure, Parameter, And Utility Updating Of Bayesian Decision Networks For Cooperative Decision-Theoretic Agents, Iheanyi Umez-Eronini

Theses

Multi-agent systems, systems consisting of more than one acting and decision making entities, are of great interest to researchers because they have advantages for some specific tasks where it would be more effective to use multiple small and simple robots rather than a large and complex one. One of the major problems with multi-agent systems is developing a means to organize or control the overall behavior of the system. Typically, multi-agent control involves one of two structures. In some designs, there is a hierarchy with some robots being leaders and other followers. Other designs involve robot specialization towards one particular …

Case Study: Enhancing The Customers Product Experience Through Package Revision, Keith J. Vent

Theses

This thesis is a case study to illustrate the importance of a products packaging related to the customers and consumers overall product experience. A company launched a new contact lens product in Europe a year after the product was introduced ... in North America. The lens was manufactured using the company's low-cost, daily disposable lens platform to enable a 10 to 20% cost benefit over the competition. However the new lens was not as well received in Europe as it was in the United States. To identify potential impacts to market acceptance, a third party marketing research firm conducted focus …

Gpsense: An Algorithmic Framework For Intelligent Sensing At Node Level In Wsn, Soujanya Soni

Theses

We proposed a new Genetic Programming algorithm termed GPSense for use in wireless sensor networks (WSN). Existing algorithms for pattern recognition and data mining in WSNs work offline, i.e. they query the WSN nodes, bring data to the base-station and the mining is done at the base-station. This increases the latency of decision making, enhances decision communication costs and generally leads to non-local decisions. It is generally believed that this paradigm is more powerefficient since sensor nodes are significantly constrained in terms of computing power (processor speed, low-power batteries, limited-memory). We believe that a distributed data mining approach can be …

Environmental Health & Safety Management In The Wake Of Sarbanes-Oxley: A Focus On The Benchmark Alcohol Beverage Industry, Diana V. Vesosky

Theses

In a post-Enron world, the Sarbanes-Oxley Act holds the highest corporate officers of publicly held corporations personally accountable with regard to financial reporting. This project examines the requirements of the law, risks of not complying the law, how Sarbanes-Oxley has impacted environmental health and safety (EHS) management, and what EHS professionals and companies should be doing to comply with the law.

Landscapes Of Beethoven's Signature "From The Heart, May It Go To The Heart", Virginia L. Martin

Theses

"Landscapes of Beethoven's Signature, an exhibit consisting of twenty-two works of art in a variety of media, is a tribute to the revolutionary composer Ludwig van Beethoven [...]. Landscapes of Beethoven's Signature comprises a body of visual works showing the hand of Beethoven the Creative Artist. Literal landscapes, which also incorporate Beethoven's calligraphy, have been interpreted in the two larger oil paintings, 'In Moonlight' and 'Look Through These Trees.' Figurative depiction of 'landscape' and 'signature' is represented in a variety of ways within the sculptures, prints, books and calligraphy. For several of the pieces, visual material was derived from Beethoven's …

The Integration Of Graphic Communication And Educational Tools For Children With Dyslexia, Amar Abdulla Behbehani

Theses

Design for education is an important approach in the graphic design field. The intention of this thesis is to conduct further research that can help educators and designers build healthier learning environments for children with learning disabilities. Learning environments are not limited to physical environments such as classroom designs or school architecture; they are extended to cognitive environments that are greatly affected by external influences such as sensory stimulation and learning methods. Children with special educational needs could benefit from effective design solutions for better information processing. This designer attempts to develop typographic solutions to facilitate the reading process of …

Maybe, Kara Canal

Theses

Maybe consists of an installation space embracing three video projections, each presenting the viewer with a series of distilled moments. Every connected element in the installation provides an opportunity for engagement with the intangible memories of adolescence. The video pieces present fragments of narratives and invite viewers to fill in the gaps with their own memories, reflections and experiences. The point of view of the camera in each video positions the viewer as a voyeur—and as such the viewers are granted the opportunity to pause, consider and reflect, and hopefully realize something new about themselves while participating in the actions …

A Theory Of Expressive International Law, Alex Geisinger, Michael A. Stein

Vanderbilt Law Review

What is the "pull of international society" and how does it influence the willingness of States to enter into or comply with international law? Since Grotius first identified the concept that States seek esteem from the broader global community, its parameters have proven illusive. Nonetheless, the notion remains central to discussions of why States comply with international agreements.

Understanding the reputational mechanism that impels State compliance is especially important to human rights treaties. Unlike other regimes, States that ratify and abide by the terms of these instruments receive neither reciprocal nor immediate benefits.

Consequently, the desire for international esteem is …

Special Project+ Privacy, Melody R. Barron

Vanderbilt Law Review

Privacy has long been a matter of particular concern in the minds of Americans. Indeed, privacy concerns were at the crux of the American Revolution. The earliest days of colonial life saw creation of laws protecting the individual against eavesdropping, and the sanctity of one's home. The Bill of Rights also reflects privacy interests. As America grew, technological advances in the dissemination of information caused public demands for protection of privacy rights; I Each year, the Vanderbilt Law Review publishes one issue with notes devoted solely to a topic of current interest. These notes collectively constitute the Special Project.

First Amendment Protection For The Publication Of Private Information, Jared Lenow

Vanderbilt Law Review

Over one hundred years ago, Samuel Warren and Louis Brandeis wrote, "Of the desirability-indeed of the necessity-of some protection [of the right of privacy], there can, it is believed, be no doubt. The press is overstepping in every direction the obvious bounds of propriety and decency." This observation rings even more true today than it did when it was made in 1890. In the past hundred years, members of the media have drastically revised the unwritten rules regarding what topics are fair game. While media outlets uniformly declined to publish photographs of Franklin Delano Roosevelt in a wheelchair while he …

A Search-Costs Theory Of Limiting Doctrines In Trademark Law, Stacey Dogan, Mark A. Lemley

Faculty Scholarship

Trademarks have value because they reduce consumer search costs and thus promote overall efficiency in the economy.

While the search costs theory provides a compelling argument for trademark rights, it also compels an equally important - but often overlooked - set of principles for defining and limiting those rights. Certainly, trademark laws can make it easier and cheaper for consumers to locate products with desired qualities, thus making markets more competitive. Yet if carried too far, trademark law can do the opposite: it can entrench market dominance by leading firms and make it harder for competitors to crack new markets. …

There’S Just One Hitch, Will Smith: Examining Title Vii, Race, Casting, And Discrimination On The Fortieth Anniversary Of Loving V. Virginia, Angela Onwuachi-Willig

Faculty Scholarship

In this Symposium Essay, I use Loving v. Virginia as a backdrop for exploring why our society allows, without legal challenge, customer preference or discrimination to unduly influence casting decisions for actors paired in romantic couples in movies and television. In so doing, I examine how existing anti-discrimination law in employment can and should be used to address these improper influences within the entertainment industry. In Part I of the Essay, I first survey the growing practice of casting intraminority couples casting in films and television and examine how such casting, despite its appeal on the surface, may work to …

Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner

Faculty Scholarship

In 2006, New York City began a mandatory reporting system for laboratories to submit blood sugar (A1c) test results (primarily for diabetes) to the city's Department of Health and Mental Hygiene without the patient's consent. This article examines whether this new program is an innovative way to improve New Yorkers' health, an invasion of medical privacy, or usurpation of the physician's role. The registry is an example of public health initiatives in chronic diseases, which challenge the limits of laws governing medicine care and public health programs by blurring the historical boundaries between them.

Property Rules, Liability Rules, And Immunity: An Application To Cyberspace, Keith N. Hylton

Faculty Scholarship

This Article sets out a theory of torts and cyberspace wrongs. My goal is to provide a sparse theoretical account of tort law and apply it to cyberspace torts, both negligent and intentional. I approach this goal by applying the framework of property rules and liability rules to cyberspace torts. That framework suggests that trespass doctrine is appropriate in instances of cyber invasions of private information resources, such as the breaking of codes to access private information on the web. However, trespass doctrine should play no role in cyber-invasions of public information resources, such as the sending of spam email. …

The Bush Administration's Terrorist Surveillance Program And The Fourth Amendment's Warrant Requirement: Lessons From Justice Powell And The Keith Case, Tracey D. Maclin

Faculty Scholarship

This article was written for a symposium issue of the University of California at Davis Law Review on the fortieth anniversary of Katz v. United States. The article analyzes the Bush Administration's claim that the President has the authority to order warrant less electronic surveillance of communications between American citizens and persons abroad suspected of having connections with foreign terrorists groups. When evaluating this claim, my article focuses on a case that could be characterized as more constitutionally robust and stronger Katz. That case is United States v. United States District Court, also known as Keith. The Keith ruling held …

Antitrust Around The World: An Empirical Analysis Of The Scope Of Competition Laws And Their Effects, Keith N. Hylton, Fei Deng

Faculty Scholarship

Since the early studies of Arnold Harberger,' George Stigler,² and Richard Posner,³ there has been a growing movement calling for the use of empirical evidence to judge the effectiveness of antitrust law in securing its goals.⁴ That there have been relatively few such studies is attributable to the lack of useful statistical information on the law, enforcement policies, and penalties.

In this article, we present an effort to use information on competition laws around the world to assess their scope and effectiveness. The foundation of this study is a dataset that codes key features of the competition …