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Whither Community Justice?: The Rise Of Court-Connected Mediation In The United States, Colleen M. Hanycz

Articles & Book Chapters

This paper traces the development of mediation in the United States along two distinct paths: the court-connected paradigm and the community justice paradigm. In the former, as a child of the labour arbitration movement, the link between mediation and the law appears to have been forged at conception. In the latter, we see two distinct branches: the 'Community Mediation Center' model and the neighborhood Justice Center' model. Of those illustrations of community justice, only the first has been strongly connected to the law and legal institutions, while the second strand has retained its institutional independence. These neighbourhood justice centres appear …

'Prisoner Never Gave Me Anything For What He Done:' Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan

Articles & Book Chapters

Aboriginal people participated in different ways in the criminal process in the early years of the North-West Territories region of Canada, including, as accused persons, as Informants, and as witnesses. Their physical participation was often mediated by interpreters, both linguistic and cultural, and their signatures invariably marked “X” on their depositions. Scholarship that has examined the relationship of Aboriginal peoples to the criminal law has tended to interrogate the criminalization and moral regulation strategies implicit in the process of colonization and domination of the First Peoples. This paper will discuss less visible aspects of the legalized processes of colonization: (1) …

Well-Being, Chocolate And You, Julia Byers, Robyn Flaum, Louise Pascale

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

The Generative Structure Of Aboriginal Rights, Brian Slattery

Articles & Book Chapters

Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, as organic entities that grow and change? Section 35(1) of the Constitution Act, 1982 provides little guidance on the point, referring ambiguously to existing aboriginal and treaty rights. In the Van der Peet case, decided in 1996, the Supreme Court of Canada characterized aboriginal rights primarily as historical rights, moulded by the customs and practices of aboriginal groups at the time of European contact, with …

A Needle In The Head Is Worth Two In The Back, Jana Van Der Veer

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Journal Of Pedagogy, Pluralism And Practice Volume Lll (4), Summer 2007 (Full Issue), Journal Staff

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Why Torts Die, Kyle Graham

Faculty Publications

A few authors have performed autopsies on specific torts and identified the suspected reasons behind their deaths.  These analyses, though interesting, are by their own admission of limited scope and do not provide especially useful analytic or predictive tools. This Article has a broader goal. Just as pathologists and epidemiologists study how fatal illnesses spread, conservation biologists examine why animal species go extinct, and geographers and anthropologists try to understand why societies succeed or fail,  this Article surveys the roster of dead and dying torts and then asks (and tries to answer) a novel question: Why do torts die? This …

Teaching Race/Teaching Whiteness: Transforming Colorblindness To Color Insight, Margalynne J. Armstrong, Stephanie Wildman

Faculty Publications

This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education rarely addresses this normative role played by whiteness. An incomplete understanding of the nature of white privilege and the modern move toward "colorblindness" conceal the raced nature of much law. To draw the harmful operation of colorblindness into relief, this Article proposes adopting "color insight, " which would …

Organizational Orientations Of K-12 School Leaders In The Columbia Union Conference Of Seventh-Day Adventists, Rose Tooley Gamblin

Dissertations

Purpose of the study

The purpose of this study was to examine the organizational orientations--structure ,human resource, political, and symbolic --of the K-12 school leaders in the Columbia Union Conference of Seventh-day Adventists, and the relationship, if any, to their personal variables of age, gender, experience, and their professional variables of grade levels served, educational attainment, enrollment, support, feelings of success, and job satisfaction.

Method

A self-administered Organizational Orientations survey instrument, based on the multiple orientation framework of Bolman and Deal, was used to gather information about the school leaders. The population surveyed provided 56 usable responses, which were analyzed …

Language Accommodation And The Voting Rights Act, Angelo N. Ancheta

Faculty Publications

Since 1975, the language assistance provisions of the federal Voting Rights Act have provided important safeguards of voting rights to racial and ethnic minority citizens. Despite the renewal of key provisions of the Voting Rights Act in 2006 for an additional twenty-five years, Congress has not articulated a comprehensive theory of language rights in the voting arena, nor has it provided language assistance mechanisms that provide adequate assistance to all limited-English-proficient voters.

This paper articulates a theory of language accommodation within federal antidiscrimination jurisprudence and suggests revisions to key sections of the Voting Rights Act to expand coverage of the …

A Concise History Of International Criminal Law, Beth Van Schaack, Ron Slye

Faculty Publications

This work is an introductory chapter for a forthcoming book on Understanding International Criminal Law to be published by Aspen Publishers as part of Aspen's Essentials series. This chapter presents a succinct history of international criminal law (ICL), drawing upon major developments in the law of armed conflict, international human rights law, and the criminal prohibitions against piracy and the slave trade. The chapter interweaves the history of substantive norms with that of evolving principles of domestic and international jurisdiction, as these narratives are virtually inseparable in ICL. Additional chapters in the text will address the sources of ICL, the …

Mentally Ill Prisoners In The California Department Of Corrections And Rehabilitation: Strategies For Improving Treatment And Reducing Recidivism, W. David Ball

Faculty Publications

The California state prison system is proving ill-equipped to deal with the state's mentally ill prisoner population. This paper examines the ways in which mentally ill felons are not receiving adequate care while in prison as well as appropriate preparation for life after their release. The paper argues that the result is an avoidable drain on the state's budget as well as unnecessarily high recidivism rates for this population. Accordingly, constructive policy recommendations for ameliorating this shortcoming of the prison system are proposed.

Resisting "Sweat" And Refusing Feist: Rethinking Originality After Cch, Carys J. Craig

Articles & Book Chapters

In CCH Canadian Ltd. v. Law Society of Upper Canada, the Supreme Court of Canada ostensibly settled the debate between the "sweat school" and the "creativity school" regarding the meaning of copyright's originality requirement. While rejecting a labour-based formulation of the originality standard, the Supreme Court also refused to adopt the "minimal degree of creativity" test established by the U.S. Supreme Court in the famous Feist case. The appropriate threshold for originality, according to the Supreme Court of Canada, "falls between these two extremes" and requires "an exercise of skill and judgment." This paper explores the significance of the "skill …

Deriving History From Law: Are Cheques Traceable To The Talmud?, Benjamin Geva

Articles & Book Chapters

No abstract provided.

Labour And The "Real" Constitution, Harry W. Arthurs

Articles & Book Chapters

No abstract provided.

Charkaoui: Beyond Anti-Terrorism, Procedural Fairness, And Section 7 Of The Charter, James Stribopoulos

Articles & Book Chapters

The Supreme Court of Canada’s unanimous decision in Charkaoui v. Canada1 has attracted much public attention. Perhaps most newswor- thy is the fact that these cases —challenges by three men to provisions of the Immigration and Refugee Protection Act (IRPA)2 under which they were detained — represent the first time since September 11, 2001 that the Supreme Court has delivered a defeat to the government in its anti- terrorism efforts.

Concordance Of Self-Report And Informant Assessment Of Emotional Well-Being In Nursing Home Residents With Dementia, Ann M. Kolanowski, Lesa Hoffman, Scott M. Hofer

Department of Psychology: Faculty Publications

The emotional well-being of persons with dementia is an aspect of their quality of life. We examined the stability of informant-rated and self-reported emotion, and the influence of mental status and physical dependence on ratings; we modeled concordance between ratings at both the within- and between-person levels of analysis. We used multilevel modeling to examine data collected over 12 days from 31 nursing home residents. We found significant within-person variation in both informant-rated and self-reported emotion, such that between 40% and 60% of the overall variance in each occurred within persons. We found little correspondence between or within persons between …

The First Restatement Of Agency: What Was The Agenda?, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Hospitality Versus Patronage: An Investigation Of Social Dynamics In The Third Epistle Of John, Igor Lorencin

Dissertations

Problem. This investigation focuses on social dynamics in the third epistle of John. In the context of 3 John hospitality and patronage seem to be opposed as two non-compatible models of behavior. In what sense they are different and what makes them non compatible in a church setting is the main focus of this research.

Method. A social approach is utilized in this investigation for the purpose of understanding the social system, values, and circumstances that shaped the events of 3 John. I first collect evidence to explain the ancient customs of hospitality and patronage in order to create a …

Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root

Faculty Scholarship

No abstract provided.

The Racialization Of Jimi Hendrix, Marcus K. Adams

Senior Honors Theses and Projects

The period of history immediately following World War Two was a time of intense social change. The end of colonialism, the internal struggles of newly emerging independent nations in Africa, social and political changes across Europe, armed conflict in Southeast Asia, and the civil rights movement in America were just a few. Although many of the above conflicts have been in the making for quite some time, they seemed to unite to form a socio-political cultural revolution known as the 60s, the effects of which continues to this day.

The 1960s was a particularly intense time for race relations in …

The Time Ahead: Collected Works, Jill Leonard

Senior Honors Theses and Projects

No abstract provided.

Cloning And Heterologous Expression Of The Napa Gene From Sulfurospirillum Barnesii, Lina Bird

Electronic Theses and Dissertations

Periplasmic nitrate reductase from Sulfurospirillum barnesii is representative of the distinct branch of epsilonproteobacteria periplasmic nitrate reductases. The gene encoding the active subunit of S. barnesii's periplasmic nitrate reductase (napA) was successfully cloned into the vector pET101/D/TOPO. Constructs were made both with and without the sequence coding for the periplasmic signal sequence. Preliminary expression and purification experiments were performed with limited success. The DNA encoding the periplasmic signal sequence proved necessary for expression. Even with the signal sequence coding region, protein expression was limited. The low levels of expression appeared due to product degradation during cell growth. Purification was incomplete, …

School Counselors Perceptions Of The Importance And Need For Appropriate Training Regarding Preparedness To Deal With Specific Crisis Situations In Schools, Tina Bigante

Electronic Theses and Dissertations

School Counselors Perceptions of the Importance and Need for Appropriate Training Regarding Preparedness to Deal with Specific Crisis Situations in Schools, explored differences among and between school counselors who have been trained and school counselors who have not been trained in crisis intervention with regards to specific crisis situations. The subjects were 70 school counselors employed in public school districts of western Pennsylvania. Thirty-five of the school counselors had received training in crisis intervention either through university coursework and/or workshops. The other thirty-five school counselors had no formal training in crisis intervention. All participants completed the Survey of School Counselor …

The Development Of Small Christian Communities In The Catholic And Among The Lugbara People Of Uganda After The Second Vatican Council: A Historical, Theological And Pastoral Investigation, Diego Cadri

Electronic Theses and Dissertations

This dissertation depicted the events in the lives of the Lugbara Ethnic group, who will go down in the history of Uganda, through their actual existence, their deeds, their accomplishments and their contributions, but particularly because of their successful, "small Christian communities," an important segment in all its facets, in the Lugbara Christian life. The new way of being Church that came out of the Second Vatican Council, that is, since the 1960s was the small Christian community. These pages narrated the development, the early struggle, the uncertainty, the needs, the goals, the purposes, the accomplishments and the success of …

The Experience Of Transitioning To The Caregiving Role For A Family Member With Alzheimer's Disease Or A Related Dementia, Kathleen Czekanski

Electronic Theses and Dissertations

Alzheimer's disease is a chronic, debilitating disease that currently affects approximately 5.1 million Americans (Alzheimer's Association 2007). The majority of these individuals are being cared for at home by family caregivers who are known to suffer from more depression and burden than any other group of caregivers. The purpose of this hermeneutic phenomenological study was to explore the lived experience of transitioning to the role of caregiver for a family member with Alzheimer's disease or a related dementia. The study followed purposeful sampling and eight women and two men with a mean age of 66.3 participated in the study. These …

The Bloody Truth: A Psychological And Cultural Study Of Menstruation As Lived And Experienced By Women, Carolyn Deforest

Electronic Theses and Dissertations

The present research explores the negation and affirmation of menstrual life as found in culture, theory, and the concrete experiences of individual women. A phenomenological and hermeneutical thematic analysis is used throughout. In this study, the aspects of culture analyzed include language, humor, art, television, film, literature, print and television advertising, menstrual education, medicine, and some of the historical influences in the perception of women. Additionally, the formal psychological literature is examined as part of the cultural data, as is the researcher's own observations and cultural experiences.

Overall, this research reveals that the experience of menstrual bleeding has been culturally …

Internet Use In Teacher Preparation Programs: The Relationship Between Pedagogy And Practice In The Pennsylvania State System Of Higher Education, Leighann Forbes

Electronic Theses and Dissertations

The overall purpose of the study was to examine the relationship between Pennsylvania State System of Higher Education (PASSHE) teacher educators' pedagogical beliefs and their use of telecollaborative Internet activities in practice. The goal of this examination was to address the U.S. Department of Education's Office of Educational Research and Improvement (April 2002) call for collecting data about how digital content is being used and to make recommendations for action. The study collected data, via a web-based survey, about pedagogical beliefs and practices of PASSHE teacher educators. The analysis of descriptive statistics, rankings, Spearman rho correlations, and ANOVA calculations revealed …

Scientific Evolution, Creation Theologies And African Cosmogonies In Dialogue: Toward A Christian Theology Of Evolution, Ameh Ejeh

Electronic Theses and Dissertations

This is a dissertation in which the question of cosmic origins is examined from three perspectives, namely, Scientific Theories of Evolution, Christian Theologies of Creation, and African Cosmogonies, respectively. Through the use of comparative-dialogic and dialectic methods, and the application of the models of contact/dialogue and confirmation/integration in ways of relating science with religion, the insights of these three perspectives are examined and analyzed in the formulation of a Theology of Evolution that conceives of evolution as a medium of divine creativity.

The themes of evolutionary process, interconnection, interrelation and interdependence in nature, the mystery and sacredness of nature and …

The Mathematics Behind Speciated Isotope Dilution Mass Spectrometry, Jingyan Sun

Electronic Theses and Dissertations

Speciated Isotope Dilution Mass Spectrometry (SIDMS) allows researchers to measure the concentrations of species -- usually elemental -- in a sample by solving a system of non-linear equations. This thesis explores multiple mathematical methods to solve SIDMS equations, and compares the properties of these solution methods. Simulation analysis is conducted to provide uncertainty estimates.