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2008

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Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Animal Law Review

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …

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Using Special Masters To Advance The Goals Of Animal Protection Laws, Alexis C. Fox Jan 2008

Using Special Masters To Advance The Goals Of Animal Protection Laws, Alexis C. Fox

Animal Law Review

This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws …

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Freedom Of The Press 2.0, Edward Lee Jan 2008

Freedom Of The Press 2.0, Edward Lee

Georgia Law Review

In today's digital age, copyright law is changing. It now attempts to regulate machines. Over the past twenty years, and particularly with the advent of the Internet, copyright holders increasingly have invoked copyright law to regulate directly-even to prohibit-the manufacture and sale of technology that facilitates mass dissemination of expressive works. Although the concerns of copyright holders about the ease of digital copying are understandable,the expansion of copyright law to regulate technologies raises troubling questions. Can the government, consistent with the First Amendment, use copyright law to regulate technologies that facilitate the dissemination of speech? If so, are there any …

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Last Ditch Options: An Assessment Of Independent Director Liability And A Proposal For Congressional Action In Light Of The Employee Stock Option Backdating Scandal, Matthew S. Chambers Jan 2008

Last Ditch Options: An Assessment Of Independent Director Liability And A Proposal For Congressional Action In Light Of The Employee Stock Option Backdating Scandal, Matthew S. Chambers

Georgia Law Review

The employee stock option backdating scandal that came to light in 2006 affected over 100 public companies in the United States. Greedy executives, auditing oversight, and even faulty accounting software systems have been blamed for allowing backdating to happen. This Note, however, examines how some corporate directors, in derogation of their fiduciary duties, may have assisted stock option backdating. The Note concludes with a proposal for congressional action that will curb further stock option manipulation.

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"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Jan 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

Faculty Publications

No abstract provided.

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Liberal Justices' Reliance On Legislative History, James J. Brudney, Corey Distlear Jan 2008

Liberal Justices' Reliance On Legislative History, James J. Brudney, Corey Distlear

Faculty Scholarship

This Article presents a strong case against the conventional wisdom that legislative history is a "politicized'" resource, invoked opportunistically by federal judges. The premise that judges regularly rely on legislative history to promote their preferred policy positions-if true-should find ample support in the majority opinions of liberal Supreme Court Justices construing liberal (pro-employee) labor and civil rights statutes. By analyzing all 320-plus majority opinions in workplace law authored by eight liberal Justices from 1969-2006, the authors establish that legislative history reliance is actually associated with a constraining set of results. When the eight liberal Justices use legislative history as part …

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Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington Jan 2008

Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

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Introduction: Symposium: The Lethal Injection Debate: Law And Science, Deborah W. Denno Jan 2008

Introduction: Symposium: The Lethal Injection Debate: Law And Science, Deborah W. Denno

Faculty Scholarship

No abstract provided.

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Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan Jan 2008

Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan

Faculty Scholarship

Offering a cautionary lesson of contemporary significance, the Article suggests that judicial power is not in and of itself the solution to executive infringements on due process rights in wartime. It examines the response of the British judiciary to serious threats to its institutional power during the First World War. To facilitate prosecution of the war, the government narrowed the jurisdiction of the traditional courts by eliminating jury trial, subjecting civilians to court-martial, and establishing new administrative tribunals to displace the traditional courts. Rather than remaining passive and deferential to the executive, as scholars have generally assumed, the judges moved …

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Family Message Journals: A Tool For Writing Instruction Combined With Parent Involvement, Sandi Michele Mccann Jan 2008

Family Message Journals: A Tool For Writing Instruction Combined With Parent Involvement, Sandi Michele Mccann

Walden Dissertations and Doctoral Studies

Mandates on reading and math achievement in elementary education in rural Georgia have led to a decline in writing proficiency as the subject becomes increasingly neglected. At the same time, schools strive to increase parental involvement programs. Consequently, there is a need for more research on the impact of parental involvement on student writing proficiency. Accordingly, this qualitative case study examined the impact of Family Message Journals (FMJ) and parent participation on teaching writing across the curriculum. Participants included 6 third-graders and their parents. Students wrote in journals 4 days per week across the 4 months of the study, and …

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Intrinsic Motivation Of Students With Disabilities In The General Education Setting: What Teachers Should Know And Be Able To Do, Beverly Stinson Faircloth Jan 2008

Intrinsic Motivation Of Students With Disabilities In The General Education Setting: What Teachers Should Know And Be Able To Do, Beverly Stinson Faircloth

Walden Dissertations and Doctoral Studies

The Individuals with Disabilities Act (IDEA) requires that students with disabilities (SWD) be educated in the least restrictive environment, while the No Child Left Behind Act (NCLB) requires that these students meet minimum criteria on statewide testing by 2014. This sequential explanatory mixed methods action research study, situated in Bandura's self-efficacy and Atkinson's drive theories, examined the effects of teacher training and subsequent implementation of strategies on the intrinsic motivation of SWD. Intrinsic motivation was measured using the Children's Academic Intrinsic Motivation Inventory (CAIMI) before and after the training. A repeated measures t-test analyzed the mean difference in the students' …

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Ho'oponopono: Assessing The Effects Of A Traditional Hawaiian Forgiveness Technique On Unforgiveness, Matthew B. James Jan 2008

Ho'oponopono: Assessing The Effects Of A Traditional Hawaiian Forgiveness Technique On Unforgiveness, Matthew B. James

Walden Dissertations and Doctoral Studies

This study expanded on the existing empirical research on forgiveness and specifically ho'oponopono, a traditional Hawaiian forgiveness process. An extensive literature review revealed that while forgiveness has gained in popularity among researchers and clinicians, few therapeutic process-based models have been researched. Furthermore, ho'oponopono has not been studied as a process-based approach to forgiveness. Therefore, the purpose of the present between-groups, within-groups, repeated measures study was to assess the effects of the application of ho'oponopono (focused on a specific transgressor) on levels of unforgiveness, as measured by the Transgression-Related Interpersonal Motivations Inventory (TRIM). The participants (N = 79) were randomly divided …

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The Effects Of Teacher Race In The Elementary School On Student Achievement Test Scores, John Stortz Jan 2008

The Effects Of Teacher Race In The Elementary School On Student Achievement Test Scores, John Stortz

Walden Dissertations and Doctoral Studies

The racial and gender composition of elementary school teachers does not match those of the students and this may be contributing to an inequity of achievement scores between African American and European American students. This ex post facto causal comparative study compared three levels of elementary school diversity personnel staffing on Grade 4 African American student Criterion-Referenced Competency Test (CRCT) scores and differences between male African American scores and female African American scores in a suburban Atlanta county. Nine intentionally selected elementary schools were chosen representing 3 racial diversity personnel staffing levels including 39% to 50%, 25% to 27%, and …

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Civil War In The U.S. Foreign Relations Law: A Dress Rehearsal For Modern Transformations, The The Use And Misuse Of History In U.S. Foreign Relations Law, Thomas H. Lee Jan 2008

Civil War In The U.S. Foreign Relations Law: A Dress Rehearsal For Modern Transformations, The The Use And Misuse Of History In U.S. Foreign Relations Law, Thomas H. Lee

Faculty Scholarship

The first of the four U.S. foreign relations law insights of the Prize Cases that this Article will discuss is the notion that international law provides a basis for the President's exercise of military force in a manner neither specifically enumerated in the Constitution nor preauthorized by congressional enactments. The specific military action was the proclamation of a naval blockade that applied not only to active Confederate belligerents but also to loyal U.S. citizens residing in seceding or soon-to-secede states and to foreign neutral citizens. The second insight is the notion that federal constitutional law protections for U.S. citizens, such …

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Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt Jan 2008

Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt

Faculty Scholarship

Conversations about the constitutionality of prohibitions on marriage for same-sex couples invariably reduce to the question of whether a meaningful analogy can be drawn between restrictions on same-sex marriage and antimiscegenation laws. In an effort to refocus this debate, this article considers the California Supreme Court's 1948 decision in Perez v. Sharp and its use by advocates in recent litigation to secure marriage rights for gay and lesbian couples. Opponents of marriage rights for members of the LGBT *840 community frequently assert that dispatching Perez in these cases distorts the meaning of that decision and other similar precedents by drawing …

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The Transatlantic Divergence In Legal Thought: American Law And Economics Vs. German Doctrinalism, The, Kristoffel Grechenig, Martin Gelter Jan 2008

The Transatlantic Divergence In Legal Thought: American Law And Economics Vs. German Doctrinalism, The, Kristoffel Grechenig, Martin Gelter

Faculty Scholarship

Law and economics has become an integral part of U.S. legal scholarship and the law school curriculum. Ever since the legal realist movement, scholars mostly view the law from an external perspective. It may be surprising to many in the United States that European legal scholarship has been largely resistant to this development. Law is typically viewed "from the inside," that is as an autonomous discipline independent from the other social sciences. Most legal scholarship is doctrinal, meaning that legal scholars employ interpretative methods in order to systematically expose the law and to find out what the law is, frequently …

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Is There A Dual Banking System , Carl Felsenfeld, Genci Bilali Jan 2008

Is There A Dual Banking System , Carl Felsenfeld, Genci Bilali

Faculty Scholarship

There is a fierce controversy being waged today about the status of the historic dual banking system in American law. National banks (banks chartered by the national government) derive their powers from federal law. States, on the other hand, assert that they should be able to control certain aspects of national bank operations such as consumer protection written as state law. While the national banks acknowledge that states do have certain areas where they may control national bank activities-much contract law, for example, which is essentially state law-the national banks also assert a high level of authority-preemption-over the states where …

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Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal Jan 2008

Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal

Faculty Scholarship

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …

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Academic Incentives Impact On Increasing Seventh -Graders Physical Activity During Leisure Time, Jeffrey Scott Brinker Jan 2008

Academic Incentives Impact On Increasing Seventh -Graders Physical Activity During Leisure Time, Jeffrey Scott Brinker

Walden Dissertations and Doctoral Studies

Recent research clearly demonstrates that a decrease of physical activity has occurred among young people. Hence, the purpose of this study was to examine the impact of external motivation on physical activity. Drawn from self-determination theory, the specific research question examined if academic incentives effectively motivated 7th grade students to participate in a 3-week fitness program. A quasi-experimental pre-post design examined treatment and control groups drawn from a sample of 24 students from three physical education classes. The treatment group received academic incentives whereas the control group received no external incentives but were asked to complete the same fitness Program. …

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Can We Get Inside The Aesthetic Sensibility Of The Archaic Past?, Frederic Will Jan 2008

Can We Get Inside The Aesthetic Sensibility Of The Archaic Past?, Frederic Will

Contemporary Aesthetics (Journal Archive)

This essay is about getting inside the sensibility of the archaic past.[1] Can we get into the creative mind of the painter of The Sorcerer? Can we reconstruct the sensibility of prehistoric humans? Can we recover the humor of the prehistoric artist? Can we do it? After all, sense equipment is the same in men and women of all ages, and though each age inflects its sense usages uniquely, there should remain an underlying continuity among sensibilities. Shouldn't we be able to return into earlier forms of those usages? Can we tell whether we have been successful in accomplishing …

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Aesthetic Appreciation, Ethics, And 9/11, Emmanouil Aretoulakis Jan 2008

Aesthetic Appreciation, Ethics, And 9/11, Emmanouil Aretoulakis

Contemporary Aesthetics (Journal Archive)

There have been numerous critical articles on what really happened on the otherwise beautiful morning of 11 September 2001. Beyond doubt, the bulk of the critical responses to the terrorist attacks focused on the ethical and humanitarian, or rather the unethical and inhumane implications of the atrocious act, leaving no room for any philosophical reflection on the potential assessment or reception of the event from the perspective of art and aesthetics. The few years that have gone by since 2001 have provided us with some a sense of emotional detachment from the horror of that day, a detachment that may …

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Danto And Art Criticism, Cynthia Freeland Jan 2008

Danto And Art Criticism, Cynthia Freeland

Contemporary Aesthetics (Journal Archive)

In this article I examine the relationship between Arthur Danto's philosophy of art and his practice of art criticism. Danto has said that he included many actual examples of discussions of art in The Transfiguration of the Commonplace because of the feeling that, previously, philosophers had theorized about art in a vacuum. And since the time of publishing that book, he has written on a wide variety of both historical and contemporary artists and art practices. Danto's philosophy of art commits him to an account of the practice of art criticism as interpretation. However, I question whether the Danto-esque interpretive …

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Revista Digital Amigos - Vol 18, Número 5, Aspectos Culturales, Semos Unlimited Jan 2008

Revista Digital Amigos - Vol 18, Número 5, Aspectos Culturales, Semos Unlimited

Amigos Revista Digital

Cover 1
Contenido 2
La Elección 2
El Sueño no Tiene Dueño: Pasos a la Elección de Barack Obama 3
El Sueño no Tiene Dueño: La Vida de Barack Obama 4
Idiomas Indígenas: 2
Zuñi 5
Una Leyenda Zuñi: El que Corre Rápido y la Tarántula Engañosa 6
Autores de Nuevo México 1
"Health Insurance" by David Roybal 7,8
Respuesta al Crucigrama (#4) 8
"An Early Report Card" by Robert Tórrez 9,10
"Carlos Tobías Maes" part 3 by Mercedes Roybal 11,12,13
Una Actividad: Alguien que Conoce con una Vida Exitosa 13
New Deal 2
Artistas Hispanos del WPA 14
Otro …

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The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes Jan 2008

The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

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The New Wheel In The Federal Machine: From Sovereignty To Jurisdiction In The Early Republic, Alison Lacroix Jan 2008

The New Wheel In The Federal Machine: From Sovereignty To Jurisdiction In The Early Republic, Alison Lacroix

Public Law and Legal Theory Working Papers

The years between 1787 and 1802 witnessed a transformation in American federal theory: from the focus on legislative authority that had occupied constitutional thinkers since the colonial period to a new emphasis on jurisdiction and a corresponding institutional preoccupation with courts. This shift is evident in the decades-long debate concerning the nature and scope of the federal judicial power, which saw repeated efforts by jurists and statecrafters to establish the proper jurisdictional arrangement to mediate between the multiple levels of government set forth in the Constitution. The fruits of these struggles to cement the practical and ideological meanings of federalism …

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A Comprehensive Case Report On University Of Montana Forensic Case 66, Christopher John Buckley Jan 2008

A Comprehensive Case Report On University Of Montana Forensic Case 66, Christopher John Buckley

Graduate Student Theses, Dissertations, & Professional Papers

UMFC 66 is an anatomical specimen from the Physical Anthropology Lab at The University of Montana-Missoula. It is a nearly complete skeleton that exhibits no trauma. I examined the literature on suitable approaches to estimating age from the skeleton, because age is difficult to estimate for this case and presents an interesting challenge. I also estimated sex, ancestry, stature, and weight. I concluded that UMFC 66 is an American Indian, perhaps 20 to 28 years of age with a relatively short stature of about 1.56m (5’01”), weighing approximately 115 to 129 pounds. There is severe osteomyelitis throughout the left lower …

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Volume 3, Number 2: Letter From The Editor, Scot Headley Jan 2008

Volume 3, Number 2: Letter From The Editor, Scot Headley

International Christian Community of Teacher Educators Journal

This current issue is one that brings with it anticipation. We look forward with anticipation to our biennial conference at the end of May, this year hosted by our colleagues at Gordon College, near Boston. If you have not yet registered it is not too late, and we would love to see you there. I hope that you have been looking forward to the release of this Winter, 2008 issue of the ICCTE Journal. While we generally release the Winter issue in the winter (end of January), your editor has been tardy and for that I wish to extend my …

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Addressing Challenges Encountered By Leadership Teams In Five Mentoring Programs, Gary M. Kilburg, Eloise Hockett Jan 2008

Addressing Challenges Encountered By Leadership Teams In Five Mentoring Programs, Gary M. Kilburg, Eloise Hockett

International Christian Community of Teacher Educators Journal

This study is the third stage in a continuation of research by Kilburg and Hancock (2006) that investigated 149 mentoring teams in four school districts over a two year period. The current study is differentiated from the published study in that it identifies challenges encountered by mentoring program planning committees, coordinators, and administrators from five school districts over a six-year period. In the last two years of this present study, Critical Friends Group Coaches were added to one school district’s leadership team.

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A Letter From Our New Associate Editor, Christina Belcher Jan 2008

A Letter From Our New Associate Editor, Christina Belcher

International Christian Community of Teacher Educators Journal

Christina Belcher is an Associate Professor in the School of Education at Redeemer University College in Ancaster, Ontario, Canada and an adjunct of the Education Department at Trinity Western University in Langley, BC. She is passionate about children’s literature and is interested in how narratives provoke hope, reveal cultural dispositions, and shape the soul. Her broad interests and areas of writing include literacy, worldview, and interdisciplinary study. She has previously served in teacher education in Australia, New Zealand and Canada. Christina is currently a Doctoral Candidate at Monash University in Melbourne, Australia.

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Fostering Resilient Characteristics In Individuals With Learning Disabilities, V. Shelly Dugle, Peggy Grigorenko Jan 2008

Fostering Resilient Characteristics In Individuals With Learning Disabilities, V. Shelly Dugle, Peggy Grigorenko

International Christian Community of Teacher Educators Journal

Educational resilience is an important term for teacher candidates in Christian institutions to understand. Resilience can be nurtured and instilled in the lives of individuals with learning disabilities, and teacher candidates can play a vital role in that process. To assist in this course of action, a look at the definition and common characteristics of resilience are discussed. In addition, a closer look at four resilient individuals with learning disabilities is provided. Concrete suggestions on ways to incorporate resilient characteristics into students with learning disabilities are shared.

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