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2008

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Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander Jan 2008

Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander

Michigan Law Review

Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article Ill's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …


Storytelling, Narrative Rationality, And Legal Persuasion, Chris Rideout Jan 2008

Storytelling, Narrative Rationality, And Legal Persuasion, Chris Rideout

Faculty Articles

Professor Chris Rideout has long been interested in persuasion, and for many years he has included theories of persuasion in an advanced legal writing seminar that he teaches. He always asks his students the same question—“what persuades in the law?”—and after looking at different theories of persuasion, they then develop their own theory of legal persuasion. When he first taught the course, he had in mind rhetorical models of persuasion, starting with Aristotle and Cicero and moving toward more contemporary rhetorical work. Very quickly, however, he had to add narrative models of persuasion, plus a second question—“what is it about …


Debating Identity: Urban Indians In The Healthcare System, Erin J. Klahn Jan 2008

Debating Identity: Urban Indians In The Healthcare System, Erin J. Klahn

Graduate Student Theses, Dissertations, & Professional Papers

In recent years, the public health sector has recommended that healthcare practitioners become culturally competent in order to reduce health disparities in minority groups. It was reported later in the Surgeon General's Report (1999) on mental health, that culture shapes the healthcare experience for minority groups and in turn may influence the treatment course. Cultural competence models have been proposed in conjunction with the development of ethnic-specific mental health clinics, where practitioners and patients are ethnically similar, and programs are designed with the groups’ unique cultural needs in mind. This poses a particularly unique dilemma for urban Indians as their …


Antecedents And Outcomes Of The Flow Experience: An Empirical Study In The Context Of Online Gaming, Clyde W. Holsapple, Jiming Wu Jan 2008

Antecedents And Outcomes Of The Flow Experience: An Empirical Study In The Context Of Online Gaming, Clyde W. Holsapple, Jiming Wu

Journal of International Technology and Information Management

This study uses flow theory and the technology acceptance model (TAM) to provide new insight into the impact of enjoyment, one important dimension of flow, on user satisfaction, user beliefs, and behavioral intention to use. In addition, based on the propositions that knowledge results in an increased ability for activity and that flow is an emotional state of activity, this paper adopts a process view of knowledge to examine the role of knowledge in predicting enjoyment. The foregoing concepts are represented in a nomological network of enjoyment. Associated hypotheses are tested by using questionnaire responses of 253 online game players.


Hate Crimes And The War On Terror, Cynthia Lee Jan 2008

Hate Crimes And The War On Terror, Cynthia Lee

GW Law Faculty Publications & Other Works

This chapter, which will be part of a 5 volume treatise entitled, Hate Crimes: Perspectives and Approaches (Barbara Perry ed. forthcoming 2009), situates the private acts of hate violence committed against Arab-Americans, Muslim-Americans, Sikh-Americans, and South Asian-Americans in the aftermath of 9/11 into the broader context of the war on terror. In Part I, after providing some general background information on hate crimes, I discuss some of the hate crimes committed in the aftermath of 9/11. In Part II, I examine two common stereotypes about Arabs and Muslims which likely contributed to the post 9/11 backlash against Arabs and Muslims …


Soft Law, Dinah L. Shelton Jan 2008

Soft Law, Dinah L. Shelton

GW Law Faculty Publications & Other Works

International law is a largely consensual system, consisting of norms that states in sovereign equality freely accept to govern themselves and other subjects of law. International law is thus created by states, using procedures that they have agreed are legislative, that is, through procedures identified by them as the appropriate means to create legally-binding obligations. In contrast to the agreed sources listed in the International Court of Justice (ICJ) Statute, state practice in recent years, inside and outside international organizations, increasingly has placed normative statements in non binding political instruments such as declarations, resolutions, and programs of action, and has …


Proclaiming The Truth Of Beauty, Larry Fraher Jan 2008

Proclaiming The Truth Of Beauty, Larry Fraher

School of Theology and Seminary Graduate Papers/Theses

An examination of the eschatological problem, defined as an over-emphasis on the individual nature of the end-times, asserting that the problem may be reconciled through an application of theological aesthetics, and a practical example of this application in the art of theSaint John’sBible.


The U.S. Social Economy And The Commons Model Of Production, Roger A. Lohmann Jan 2008

The U.S. Social Economy And The Commons Model Of Production, Roger A. Lohmann

Faculty & Staff Scholarship

Recent work in Canada and Europe has re-emphasized the place of nonprofit organizations, as that term is conventionally understood in the broader context of social economy. Although not generally recognized by U.S. and international scholars, a distinctive concept of social economy largely compatible with the Canadian and European formulations is embedded in U.S. constitutional, corporate, charitable and tax law. However, its full recognition is discouraged in the current U.S. political culture and third sector studies. The U.S. social economy provides full and robust, recognition of the social, political and economic organizations known as commons, as well as nonprofit firms.


Institutionalized Islam: A Study Of The Union Des Organisations Islamiques De France, Andrus Gareth Ashoo Jan 2008

Institutionalized Islam: A Study Of The Union Des Organisations Islamiques De France, Andrus Gareth Ashoo

Honors Theses

This paper examines the role of Islamic religious authority in France as it pertains to the possibilities and limitations of Muslims becoming French. Such religious authority has emerged in the form of an institutionalized Islam promoted by both the Muslim community and the French government. One of the major federations, the Union des organisations islamiques de France (UOIF), was used as a case study. Primary data was collected from the websites of the UOIF and of affiliated organizations, pamphlets, and newsletters for the Rencontre annuelle des musulmans de France (RAMF). The nature of the data collected centered on the UOIF's …


Exploring The Factors That Shaped The Early Adventist Mission To Jamaica, Trevor O'Reggio Jan 2008

Exploring The Factors That Shaped The Early Adventist Mission To Jamaica, Trevor O'Reggio

Journal of the Adventist Theological Society

No abstract provided.


Exploring The Factors That Shaped The Early Adventist Mission To Jamaica, Trevor O'Reggio Jan 2008

Exploring The Factors That Shaped The Early Adventist Mission To Jamaica, Trevor O'Reggio

Faculty Publications

No abstract provided.


Logic Systems And Cross-Cultural Mission, Cheryl Doss Jan 2008

Logic Systems And Cross-Cultural Mission, Cheryl Doss

Journal of Adventist Mission Studies

No abstract provided.


Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert Jan 2008

Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert

Seattle University Law Review

This Article argues that the Fourth Amendment protects confidential attorney-client communications from unreasonable government intrusion, including unreasonable court orders compelling production of attorney-client communications. The Article begins by focusing on the elements of a claim under the Fourth Amendment. Part II identifies the elements and subsequent sections address each element in the context of attorney-client communications. Part III considers the legitimate expectation of privacy in confidential attorney-client communications. Part IV addresses the search and seizure requirement, explores authority distinguishing between "actual" and "constructive" searches, and concludes that, in addition to searches, court-ordered production of attorney-client communications (a "constructive" search and …


Memories Of Flesh And Fire: Crossing Over Color Lines, Alice A. Filmer Jan 2008

Memories Of Flesh And Fire: Crossing Over Color Lines, Alice A. Filmer

Iowa Journal of Communication

Throughout this autoethnography, the author weaves personal memories of her early life in the San Francisco Bay Area during the 1960s and 70s into a larger set of social and historical events of that turbulent era. Using the metaphor of "crossing over," she traces her growing awareness of racial inequality and white privilege during a period in which she must also come to terms with a series of deaths by disease, fire, and assassination. While literally crossing bridges and terrain, she figuratively crosses class and color lines that have long separated generations of her once-wealthy white family from the people …


Biological Evaluations: Blood, Genes, And Family, Janet L. Dolgin Jan 2008

Biological Evaluations: Blood, Genes, And Family, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This article addresses a striking contrast at the center of contemporary social and legal views of family. The traditional family, forged in the early years of the Industrial Revolution to support the interests of the marketplace, has largely collapsed. In its place, the law and society have increasingly recognized the significance of autonomous individuality in the construction of family relationships. At the same time, however, society has become obsessed with the apparent significance of DNA in determining individual and familial identity.

As options for creating and defining families have multiplied, society and the law have struggled to construct a variety …


Connecting Diversity To Management: Further Insights, Tim Zou, La Loria Konata Jan 2008

Connecting Diversity To Management: Further Insights, Tim Zou, La Loria Konata

University Libraries Faculty Publications and Presentations

It has long been noted that libraries need more diversity in the professional ranks. This situation is now critical with baby boomers soon to retire leaving millennials, who are more racially and ethnically diverse, as the next majority population. The profession will need to recruit a more significant number of millennials to the profession if libraries are to resemble the communities they serve. To get an idea of the current status of management diversity in libraries, managers/supervisors of ARL libraries—in states that contain the highest number of minorities in population—were randomly selected for a survey. Participants in ARL’s LCDP were …


Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel Jan 2008

Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ot 713 Exegetical Studies In Wisdom Literature, John A. Cook Jan 2008

Ot 713 Exegetical Studies In Wisdom Literature, John A. Cook

Syllabi

Description This course explores exegetical issues in the books of Proverbs, Job, and Ecclesiastes, and provides students with opportunities to apply original-language tools to the book’s strategic passages. Particular attention is given to literary and theological characteristics of Israelite wisdom literature and questions of theodicy as raised and answered in these books.


Fuzzy Content Mining For Targeted Advertisement, Yezhou Wang Jan 2008

Fuzzy Content Mining For Targeted Advertisement, Yezhou Wang

Master's Projects

Content-targeted advertising system is becoming an increasingly important part of the funding source of free web services. Highly efficient content analysis is the pivotal key of such a system. This project aims to establish a content analysis engine involving fuzzy logic that is able to automatically analyze real user-posted Web documents such as blog entries. Based on the analysis result, the system matches and retrieves the most appropriate Web advertisements. The focus and complexity is on how to better estimate and acquire the keywords that represent a given Web document. Fuzzy Web mining concept will be applied to synthetically consider …


Public School Governance And Democracy: Does Public Participation Matter, Natalie Gomez-Velez Jan 2008

Public School Governance And Democracy: Does Public Participation Matter, Natalie Gomez-Velez

Villanova Law Review (1956 - )

No abstract provided.


Review Of Cultural Anthropology: A Guide To Reference And Information Sources, Fran Mentch Jan 2008

Review Of Cultural Anthropology: A Guide To Reference And Information Sources, Fran Mentch

Michael Schwartz Library Publications

Review of Cultural Anthropology: A Guide to Reference and Information Sources


Nt 501 Comprehensive Greek, Brad Johnson Jan 2008

Nt 501 Comprehensive Greek, Brad Johnson

Syllabi

• Bauer, et al. A Greek-English Lexicon of the New Testament and Other Early Christian Literature. 3rd rev. ed. Chicago: University of Chicago Press. 2000. (BDAG) • Black, David Alan. It’s Still Greek to Me. Grand Rapids: Baker Books, 1998. (ISGM) • Black, David Alan. Learning to Read New Testament Greek, rev. ed. Nashville: Broadman and Holman, 1994. (LRNTG) • Nestle-Aland, Novum Testamentum Graece, 27th ed. (GNT)


English Oral Language Usage Of Caregivers In Selected Orphanages Of Eastern India: A Phenomenological Study, Constance Diane Lawrence Jan 2008

English Oral Language Usage Of Caregivers In Selected Orphanages Of Eastern India: A Phenomenological Study, Constance Diane Lawrence

All ETDs from UAB

The purpose of this research was to determine the situation and frequency of the use of English oral language by caregivers with young children who are orphaned. Two orphan centers in the state of West Bengal, India were chosen for this study. Interviews and observations of caregivers were used to determine the caregivers’ self-perceptions of their own fluency in English and the amount of English utilized by the caregivers with children in the orphan centers. A total of twelve caregivers participated in this study. Seven caregivers, three full-time and four part-time, three females and four males, participated at Center One. …


Characterizing Semantic Memory In Mild Cognitive Impairment, Kelli L. Netson Jan 2008

Characterizing Semantic Memory In Mild Cognitive Impairment, Kelli L. Netson

All ETDs from UAB

Episodic memory is clearly impaired in mild cognitive impairment (MCI), although recent studies have revealed deficits in other cognitive domains such as attention, executive function, and semantic memory. Studies of semantic memory in MCI have been limited by inconsistent use of diagnostic criteria and variability in the measures used. The purpose of this study was to examine semantic memory in a sample of individuals diagnosed with amnestic MCI using Mayo criteria. Performance of individuals with consensus-diagnosed MCI (n=12) was compared to that of normal controls (n=15) on a battery of semantic memory tasks. MANOVA results indicated that the MCI group …


Judgmental Neutrality: When The Supreme Court Inevitably Implies That Your Religion Is Just Plain Wrong, Lincoln Davis Wilson Jan 2008

Judgmental Neutrality: When The Supreme Court Inevitably Implies That Your Religion Is Just Plain Wrong, Lincoln Davis Wilson

Seton Hall Law Review

No abstract provided.


Dancing Between Diversity And Consistency: Refining Assessment In Postgraduate Degrees In Dance, Maggie Phillips, Cheryl Stock, Kim Vincs Jan 2008

Dancing Between Diversity And Consistency: Refining Assessment In Postgraduate Degrees In Dance, Maggie Phillips, Cheryl Stock, Kim Vincs

Research outputs pre 2011

Guidelines for best practice in Australian Doctoral and Masters by Research Examination, enc;ompassing the two primary modes of investigation, written and multi-modal theses, their distinctiveness and their potential interplay.


Church In The Apostolic Spirit: A Strategy For Building Indigenous Apostolic Congregations In The Cultural Context Of Eastern Orthodox And Post-Communist Romania, Vasile Alexandru Talos Jan 2008

Church In The Apostolic Spirit: A Strategy For Building Indigenous Apostolic Congregations In The Cultural Context Of Eastern Orthodox And Post-Communist Romania, Vasile Alexandru Talos

ATS Dissertations

No abstract provided.


The Pastor As Missional Church Architect, James Derrick Lemons Jan 2008

The Pastor As Missional Church Architect, James Derrick Lemons

ATS Dissertations

No abstract provided.


Meritocracy: A Socio-Educational Policy Conundrum Transversing Selected Works Of James Bryant Conant, Benjamin Enoma Jan 2008

Meritocracy: A Socio-Educational Policy Conundrum Transversing Selected Works Of James Bryant Conant, Benjamin Enoma

Dissertations, Theses, and Capstone Projects

In the United States, adjacent strands of the meritocratic discourse intercept by accident of history. It occurs either in the Jeffersonian tradition of culling from all sectors of the populace a natural aristocracy of talents as proposed by James Conant through the development of Scholastic Aptitude Tests, or by expanding the structure of opportunity to all individuals and leveling uneven terrains through social policies like desegregation of schools and affirmative action. In other words, it is a case of policies based on the 'laissez-faire' doctrine versus those based on governmental intervention. "This interception to some degree has fused the strands …


Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski Jan 2008

Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski

Articles

This article suggests that a critical reexamination of the Fourth Amendment and its jurisprudence through feminist lenses can shed new light and add to our understanding of it. These insights, in turn, can and should generate a positive feminist Fourth Amendment jurisprudence—a distinctive feminist voice to be integrated systematically into the law of search and seizure, leading to a transformation of the Fourth Amendment itself. Applying feminist theories to particular issues and normative layers of current Fourth Amendment jurisprudence may help guide us through the more difficult task of imagining a feminist jurisprudence of search and seizure law.