Digital Commons Network^™

Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

Plea bargaining is such an essential component of the administration of justice that disposition of charges after plea discussions is not only an essential part of the process but a highly desirable part for many reasons. Even though 95% of felony criminal cases nationwide are resolved through plea bargaining, there are no specific ethical rules governing the practice. The exhortation in article 2.01 of the Texas Code of Criminal Procedure states it is the primary duty of all prosecuting attorneys to see that justice is done, rather than merely convicting. In order to determine the ethical boundaries of plea bargaining, …

A Pragmatic Look At Mediation And Collaborative Law As Alternatives To Family Law Litigation Comment., Elizabeth F. Beyer

St. Mary's Law Journal

Since close to half the country’s marriages end in divorce, marriage dissolution is quite a lucrative business for attorneys. Also, fewer people are entering marriage in the first place. Fewer marriages combined with more children born out of wedlock create multitudinous legal problems and family disputes centering around those children. In addition to initial divorce filings and suits affecting the parent-child relationship, dissolution of marriage cases often creates additional litigation down the road. As a solution to the problems caused by the expense and toil of this litigation, alternative dispute resolution (ADR) offers several options for family disputants. Two popular …

Developing A Contextual Theology Of Postcolonial Filipino American Diasporic Identity, Ferdinand C. Llenado

ATS Dissertations

No abstract provided.

Training Ecuadorian Church Of God Disciples To Evangelize On Three Galápagos Islands And In Three Provinces Through The Power Of Pentecost, Michael Séan Mills

ATS Dissertations

No abstract provided.

Egypt's Supreme Constitutional Court: Managing Constitutional Conflict In An Authoritarian, Aspirationally Islamic State, Clark B. Lombardi

Articles

No abstract provided.

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa A. Davison

Articles

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of “technological protection measures” in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses.

While hailed as a victory by the software and entertainment industries, the academic and scientific communities ties have been far less enthusiastic. The DMCA’s goal of combating piracy is …

The Deregulation Of Usury Ceilings, Rise Of Essay Credit And Increasing Consumer Debt, Steven Mercatane

South Dakota Law Review

No abstract provided.

The Healing Forces Or Apology In Medical Practice And Beyond, Aaron Lazare

DePaul Law Review

No abstract provided.

Student Performance With And Attitudes Toward Electronic Distributed Assessment In First-Year Composition Classes, Annette Arrigucci

Open Access Theses & Dissertations

In Fall 2008, UTEP's composition department implemented a pilot program to test a redesign of English 1312, their second-semester freshman composition course. In addition to a redesigned curriculum, a system of electronic distributed assessment was implemented in ten sections of English 1312. Instead of the traditional format of a class where instructors grade all student assignments, a group of teaching assistants graded student writing anonymously using standardized grading rubrics. The system, which has been used at Texas Tech University since 2002, was put in place at UTEP in order to enhance efficiency and consistency in the teaching of this course. …

Dual-Language Education: A Longitudinal Study Of Students' Achievement In An El Paso County, Texas School District, Pauline Anne Dow

Open Access Theses & Dissertations

This Dissertation describes a longitudinal study of one-way and two-way bilingual education programs (also known as dual-language programs) to assess achievement of elementary-aged English learners (ELs) in a school district located in El Paso County, Texas, using both norm-referenced and criterion-referenced tests. The design features assessment for bilingual students' language skills in both English and Spanish, which allows for the examination of the interrelationships among skills in the two languages. The study also compares the achievement of ELs and non-ELs in the two-way program. The work reported in this Dissertation was conducted with a common group of children over a …

The Effect Of The Texas Student Success Initiative On Grade 5 Texas Assessment Of Knowledge And Skills (Taks) Failures, Ginny Lee Hunt

Open Access Theses & Dissertations

In an effort to end social promotion and hold students' accountable for learning,retention in grade is included in promotion policies that require students to pass state tests and courses to be advanced to the next grade.

This study examined the impact of promotion and retention on the achievement of grade 5 students who failed the 2004-2005 and 2005-2006 Texas Assessment of Knowledge and Skills (TAKS) test. The study compared the achievement of the grade 5 students who failed the TAKS tests in reading and math and were promoted to the

grade 5 students who failed and were retained to determine …

Shakespeare And The Interhuman: The Mimetic Chrysalis Of Buber's Between, Elizabeth Burford Lang

Open Access Theses & Dissertations

Shakespeare's plays survive and thrive from age to age in large part due to the incomparably mimetic "rightness" of his characters. However, the various schools of post-modern literary criticism - New Historicist, Cultural Materialist, most variations of cultural theory as applied to literature - definitively deny the possibility of an essential humanity, the very concept on which discussions of character and mimesis must stand.

The work of Martin Buber contributes a means of moderating that conversation. Buber, a self-described "believing" humanist, sought and achieved a semantic framework capable of describing the intersection of man, fellow man, and spirit while obviating …

The Effects Of Using A Scripted Or Unscripted Interview In Forensic Interviews With Interpreters, Nicole Pruss

Open Access Theses & Dissertations

The current study set out to replicate and expand the results of a study by Pruss (2007) which found that information is lost when interviews are conducted through interpreters. In the present study, Viewers (i.e., mock eyewitnesses) fluent in Spanish watched a video of a burglary and then were interviewed in Spanish about what they had seen. Half of Viewers were randomly assigned to be interviewed by an English-speaking Interviewer through a bilingual Interpreter (Interpreter condition), and the other half were randomly assigned to be interviewed directly by a Spanish speaking Interviewer with no Interpreter (No Interpreter condition). Within each …

Biases In Interpretation And Memory In Generalized Social Phobia, Paula T. Hertel, F. Brozovich, Jutta Joormann, Ian Henry Gotlib

Psychology Faculty Research

Two experiments examined the link between interpretation and memory in individuals diagnosed with Generalized Social Phobia (GSP). In Experiment 1, GSP and control participants generated continuations for nonsocial and ambiguous social scenarios. GSP participants produced more socially anxious and negative continuations for the social scenarios than did the controls. On the subsequent test of recalling the social scenarios, intrusion errors that shared meaning with the original continuations were made more frequently by the GSP group, producing false recall with emotionally negative features. To examine whether nonanxious individuals would also produce such errors if given emotional interpretations, in Experiment 2 the …

Depression-Related Differences In Learning And Forgetting Responses To Unrelated Cues, Paula T. Hertel, A. Mahan

Psychology Faculty Research

Using the think/no-think paradigm, we examined the effect of a meaningful connection between emotionally neutral cues and targets on initial learning and later recall by students in dysphoric or nondysphoric mood states. Compared to meaningfully connected cue-target pairs, unrelated pairs were less easily learned and more easily forgotten, even when initial learning was controlled. Depressive deficits were obtained in initial learning (only marginally) and final recall. When examined separately within each cuing condition, the recall deficit associated with depressed mood was restricted to the unrelated condition, but when initial learning differences were controlled this deficit was only marginally significant. Results …

Three Screenplays, Geoffrey Abruzzi

Open Access Theses & Dissertations

Three original screenplays set in a fictional southwestern town, dealing with subjects of hope, desire, truth and deception.

An Investigation About High School Mathematics Teachers' Beliefs About Teaching Geometry, Brenda Carol Strassfeld

School of Engineering, Computing and Mathematics Theses

There continues to exist a dilemma about how, why and when geometry should be taught. The aim of this study was to examine high school mathematics teachers' beliefs about geometry and its teaching with respect to its role in the curriculum, the uses of manipulatives and dynamic geometry software in the classroom, and the role of proofs. In this study belief is taken as subjective knowledge (Furinghetti and Pehkonen, 2002). Data were collected from 520 teachers using questionnaires that included both statements that required responses on a Likert scale and open-ended questions. Also an intervention case study was conducted with …

The Historical Development, Philosophical Foundation, And Mission Of The Religious Education Program At Andrews University, Jorge E. Rico

Dissertations

Topic. This study focuses on the evaluation of the historical development and philosophical foundation of the Religious Education program at Andrews University. The program has been instrumental in training individuals as Bible instructors, church and educational leaders, and overseas missionaries. Its challenges and advantages have led leaders to define the program and implement a biblical philosophy of religious education.

Purpose. The purpose of this study is to evaluate the development, challenges, and attempts to define the Religious Education program from its inception to the present. The investigation also analyzes the biblical basis, philosophical framework, mission, and contribution of the Religious …

Watchmen Of The New Jerusalem: Jedidiah Morse, The Bavarian Illuminati And The Refashioning Of The Jeremiad Tradition In New England, Rachel A. Snell

Master's Theses and Capstones

On May 9, 1798, the Reverend Jedidiah Morse of Charlestown, Massachusetts introduced a threat to both American government and religion in the form of the Bavarian Illuminati. This thesis argues that the Bavarian Illuminati sermons represent an attempt by the orthodox Congregational clergy in Massachusetts to mediate between republican ideology and traditional New England religious expectations by utilizing the clerical role of social watchmen to instill a sense of virtue in the American public and guide the development of a New Jerusalem in republican America. The goals of the clergy in propagating the Bavarian Illuminati threat ultimately failed catastrophically. Although …

Review Of Gendering Disgust In Medieval Religious Polemic, William I. Miller

Reviews

Ms. Cuffel works with sources in Hebrew, Greek, Arabic, Latin, and more than a few of the various medieval vernaculars, which has to be somewhat intimidating to a reviewer whose connection with the me- dieval is Old Icelandic and Old English and whose connection with Hebrew was via the whip of Bar Mitzvah and who learned all the words needed to vaccinate anally thousands of chickens in the lul, the chick- enhouse, on a kibbutz way back in 1964. I thus have to take the author at her word except, I suppose, when it comes to knowledge of the re- …

Teachers Of Latino Students Reflect On The Implementation Of A Mathematical Task, Leslie H. Kahn, Sandra I. Musanti, Laura Kondek Mcleman, José María Menéndez-Gómez, Barbara Trujillo

Bilingual and Literacy Studies Faculty Publications

Teachers in two multi-grade study groups in elementary schools with large populations of Latino students reflect on the implementation of an open-ended mathematical task. IN this research, interviews and study group discussions provide the teachers’ reflections on the implementation of the task and on their practices in general that create learning environments for their Latino students. Multiple categories representing the teacher reflections were developed and our focus is on those practices that teachers consider effective and specific factors that impact practice. The design of this study proved to be especially useful in promoting teacher reflective conversation.

An Initial Exploration Of The Undergraduate English Major Curricula Issued By The 2000-2001 Member Schools Of The Council For Christian Colleges And Universities, Maralee Sue Crandon

Dissertations

Problem

This study made the initial exploration of English major curricula among 101 members of the 2000-2001 Council for Christian Colleges and Universities (CCCU), describing their nature and state and discerning evidence of Christian thought.

Method

Stewart’s (1989) Modified Categories of English Majors and Eisner’s (1991) education criticism provided frameworks to categorize all curricula and to describe a purposeful sampling of 20 selected by region, religious, and enrollment.

Results

Types 1.0 Straight Literature and 1.5 Primarily Literature majors represented 78% of the population and 75% of the sampling; Type 2.0 More Flexible majors represented 18% of the population and 25% …

Defining Legalism, Kent Yinger

Faculty Publications - Portland Seminary

"No one wants to be labeled a legalist. It is resoundingly negative and is used in polemics solely of others, never of oneself. The accused, of course, reject the label. To give just one example from many, Seventh-day Adventists are often said to be extreme legalists, because of their views of the Sabbath, dietary regulations, advocacy of tithing, and prohibition of drinking and smoking. Denying that they are legalistic, they insist that out of thankfulness to Christ, by whose grace they have been saved through faith, they obey his will as the Scriptures reveal it.3 Further instances of this strongly …

Life Of Christ, William Hackett

Syllabus Repository

No abstract provided.

Teacher Perceptions Of Their Effectiveness In Supporting Reading Strategies As A Result Of Collaboration With A Literacy Coach, Sharon S. Miller

Dissertations

Problem

The poor reading and comprehension skills of many secondary-school students present a challenge for secondary teachers, the majority of whom have no training in the teaching of reading. The increasing expectations of the No Child Left Behind legislature add to the pressures on public educators. Is coaching an effective way to support and encourage secondary content-area teachers to include reading strategies in their daily work with students?

Purpose

The purpose of the study was to examine the literacy coach initiative in two small junior-senior high schools. A further purpose was to closely study the coach and two of the …

Program Accountability In Teacher Education: A Study Of The Perceptions Of University And State Government Leaders In The State Of Washington, Gary W. Ballou

Antioch University Dissertations & Theses

This dissertation explored the perceptions of accountability in teacher education programs in the State of Washington across three different stakeholder groups: university deans and/or program directors, legislators, and executive staff members (Governor). This qualitative study involved three (3) rounds of interviews. First, individual open-ended interviews were conducted with 30 individuals (10 Washington state legislators, 5 executive staff members, and 15 university deans/program directors). Second, individual follow-up interviews were conducted with 5 participants from the first round of interviews. Third, a focus group comprised of the same 5 participants from the follow-up interviews were asked for even deeper specifications and insights …

The Building Of The Shenyang Jianzhu University 1998-2007: A Case Study Of The Role Of Professor Fuchang Zhang And His Communist Party Network, William D. Blizzard, Jr.

Antioch University Dissertations & Theses

The purpose of this study was to determine how the building of Shenyang Jianzhu University’s new campus was accomplished under the leadership of Professor Fuchang Zhang, Secretary General of the Chinese Communist Party for the university, using his Communist Party network. This study was conducted in the city of Shenyang, Liaoning Province, Peoples Republic of China, using interviews with Professor Zhang, his peers, government officials, and other university presidents. Archival data is also included. There were limitations in the study that included personal and professional friendships, student recruiting issues, as well as methodological limitations because all interviews had to be …

Developing Collaborative Leadership: A Study Of Organizational Change Toward Greater Collaboration And Shared Leadership, Jonathan Tyler Clark

Antioch University Dissertations & Theses

Implicit in leadership behavior is the ability to work with others, to be in relationship, and to collaborate. Contemporary theories about leadership have shifted from a focus on the individual “leader” toward the collective act of “leadership.” A concrete understanding of collaborative leadership remains somewhat underdeveloped in the literature and theoretically. This dissertation is a case study of organization's efforts to change from autocratic organizational leadership to a more collaborative working environment. Taking the form of a literary portrait, the study analyzes an example of action learning about collaborative leadership. The portrait will be of the agency's change, with special …

Dwelling, Walking, Serving: Organic Preservation Along The Camino De Santiago Pilgrimage Landscape, Mercedes Chamberlain Quesada-Embid

Antioch University Dissertations & Theses

This study is an exploration of the people and the landscape of the well-known Camino de Santiago pilgrimage route. Although there are many routes that make up the entirety of the pilgrimage, this research is specifically focused on the landscape of the Camino Francés, or French Route, in northern Spain. The path has been written about in many ways and for a myriad of reasons since it became affiliated with the Christian tradition in the early ninth century. This research, however, is different. By way of an environmental history and hermeneutic approach, an investigation of the interrelated and overlapping human …

Indigenous Languages Under Siege: The Native American Experience, Allison M. Dussias

Intercultural Human Rights Law Review

How have Native American languages, like the languages of other indigenous peoples around the world, arrived at this crisis stage? Is this simply the result of the passage of time, in an environment in which non-Native American society's sheer numbers, and its ever-present English-language media, including the "cultural nerve gas of television, inevitably swamp Native American languages and lead to their replacement by English? Or has this situation resulted from more deliberate action on the part of the dominant society, acting through its laws and other mechanisms of government power? We should also ask, given that so many Native American …