Digital Commons Network^™

Standardization And Pluralism In Property Law , Nestor M. Davidson

Faculty Scholarship

At the heart of contemporary property theory stands an intriguing puzzle. Unlike the relatively unconstrained freedom that contract law provides for private ordering, property law recognizes only a limited and standard list of mandatory forms. This standardization-known as the numerus clausus from the civil law concept that the "number is closed" -poses a basic conundrum: what can explain a persistent feature of the law that seems, at first glance, so clearly to restrict the autonomy and efficiency gains conventionally associated with private property? This Article proceeds in four parts. Part I describes the numerus clausus principle and the problems that …

Problem Of Equality In Takings, The , Nestor M. Davidson

Faculty Scholarship

The Supreme Court is finally beginning to bring clarity to the law of regulatory takings and in the process is bringing to the fore a previously submerged theme in the jurisprudence: regulatory takings as a question of distributional justice and horizontal equity. This Article argues that this equality dimension is fundamentally problematic. On a theoretical level, privileging norms of equality engrafts political process rationales for heightened scrutiny onto groups defined solely by the differential burden of a regulation, an exercise in circularity. Equally troubling is the inverted political economy of regulatory takings claims that is likely to result: the greatest …

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 …

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

Faculty Scholarship

No abstract provided.

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …

The Impact Of A Professional Learning Community On Student Achievement, Brandon S. Carter

Walden Dissertations and Doctoral Studies

Professional learning communities (PLC) have the potential to strengthen students' academic achievement. An academic pyramid of interventions, one aspect of PLCs, may be especially helpful in schools where subgroups of students are underperforming relative to other students on standardized testing. This quantitative, one-group, pretest-posttest study examined the impact of implementing an academic pyramid of interventions as part of a PLC on middle school student academic achievement. The 100 students from grade 7 and 8 who participated in the study were identified by teachers as being at-risk for success on the Criterion Referenced Competency Test (CRCT). The reading and math test …

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 …

Beliefs, Perceptions, And Preferences For Treatment In Latinas With Breast Cancer, Barbara Ann Kreling

Walden Dissertations and Doctoral Studies

Research documents that breast cancer is the leading cause of death in Latina females. The exact numbers are unknown, but studies reveal that Latinas with breast cancer underuse recommended follow-up chemotherapy, decreasing their rates of survival. Although several factors may be responsible, cultural influences are a possible barrier. However, there is a gap in the literature about how culture affects decisions about breast cancer treatment. This focused ethnographic study examined the role of cultural beliefs and perceptions in the decision-making process for Latina women about whether or not to receive chemotherapy following a breast cancer diagnosis. Drawing from Douglas' cultural …

Imagining Gun Control In America: Understanding The Remainder Problem Article And Essay, Nicholas J. Johnson

Faculty Scholarship

Gun control in the United States generally has meant some type of supply regulation. Supply restrictions ranging from one-gun-a-month schemes to flat gun bans cannot work without a willingness and ability to reduce total inventory to levels approaching zero ("the supply-side ideal"). This is an impossible feat in a country that already has 300 million guns tightly held by people who think they are uniquely important tools. The average defiance ratio in places that have attempted gun confiscation and registration is 2.6 illegal guns for every legal one. In many countries defiance is far higher. None of those countries has …

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 …

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 …

Friendship In Young Adult Heterosexual Romantic Relationships, Billy Kidd

Walden Dissertations and Doctoral Studies

Friendship is one of the pillars that supports satisfying, long-term, romantic relationships and marriage. Yet little is known about how romantic friendship is contextually experienced. This lack of knowledge limits the options of researchers and therapists. The purpose of this phenomenological study was to further substantiate a romantic friendship construct. The research question asked how friendship is experienced in heterosexual romantic relationships. Participants in two West Coast metropolitan areas, ages 18 to 29, were selected by convenience sampling. As per Giorgi's phenomenological method, themes were abstracted from the transcripts of focus group and individual interviews. The themes were then shortened …

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. …

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 …

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 …

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 …

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 …

Zooxanthellae, Christine Bown

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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 …

Development Of The Secondary Conditions Among Adolescents With Disabilities (Scaad) Instrument: An Exploratory Study, Marie Middleton

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to develop a measure of secondary conditions, explore the reliability and validity of the measure, and explore the relationship between secondary conditions and participation among adolescents with disabilities. This research collected ratings of limitation due to secondary conditions, and ratings of participation for 24 adolescents with Intellectual/Developmental Disability. Data show that the participants experience an average of 11 secondary conditions during a three-month period as reported by families. The inter-rater agreement between parents and Family Support Specialists was .73 on a point-by-point comparison, and .85 when comparing whether or not limitation was a concern. …

An Outcomes Assessment Of Two Therapeutic Group Homes Serving Children With Reactive Attachment Disorder In A Rural Community, Brooke Rose Spangler

Graduate Student Theses, Dissertations, & Professional Papers

Archival data collected on 35 4-12-year-old children, each of whom completed treatment for reactive attachment disorder (RAD), was used to evaluate a treatment program in a rural northwestern community. The Child Behavior Checklist (CBCL) (Achenbach, 1991) and Youth Outcomes Questionnaire (Y-OQ) (Burlingame, Wells, & Lambert, 1996) were completed by coding behaviors early in treatment and late in treatment from behavioral records. A correlational design was used, and t-test, repeated measures and fixed factor analyses of variance were conducted. Results showed that there was an overall decrease in the amount of maladaptive behaviors at the conclusion of residential treatment for attachment …

Adolescent Mothers: The Space Between What They Know And What They Do, Nicole Catherine Mccray

Graduate Student Theses, Dissertations, & Professional Papers

Although the current rate of teen pregnancy in the United States is at a historic low (Martin et al., 2007), there are a number of risk factors associated with early parenthood. Adolescent parenthood is often embedded in a larger context of risk such as poverty, single parenthood, low educational attainment, a history of physical and emotional abuse, and engagement in risky behavior (Hans & Wakschlag, 2000). As parents, adolescent mothers tend to be less knowledgeable about child development, less stimulating in interactions with infants, less tolerant, and more punitive with punishment (Brooks-Gunn & Furstenberg, 1986). The children of adolescent mothers …

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.

Neuroscience And Education: The Importance Of A Christian Understanding Of Human Persons, Laura A. Barwegen Ed.D.

International Christian Community of Teacher Educators Journal

The increased research in the neurosciences has affected the discipline of education in numerous ways, with publications translating this research into classroom practices. A caution is given to Christian educators to carefully reflect upon how this research influences our view of human persons and what difference this view makes in the teaching and learning process. The purpose of this paper is (1) to examine some of the ways that neuroscience is speaking into the discipline of education, particularly in understanding the capabilities and processes of the learner; (2) to develop an awareness of how this affects our understanding of persons; …

Best They Forget: Challenging Notions Of Remembering And Forgetting, Chris Baird

International Christian Community of Teacher Educators Journal

In Jeremiah 31:34 the LORD declares, “No longer will a man teach his neighbour, or a man his brother, saying, ‘Know the LORD,’ because they will all know me, from the least of them to the greatest… For I will forgive their wickedness and will remember their sins no more” (The NIV Study Bible, 1995, p.1170). It is not the intention of this paper to enter into a theological discussion as to whether or not God is capable of forgetting; however, at very least He chooses the metaphor of forgetting to display his forgiveness for his people. This seems to …

Adolescent Risk-Taking And Social Meaning: A Commentary, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Why do adolescents take risks? What is the appropriate response to adolescent risk-taking? This Commentary for a special issue of Developmental Review, discussing a set of papers in that issue, explores these questions with attention to changes in the adolescent brain, to dual-processing theory, to social influences, and to fuzzy-trace theory. It contends that adolescent risk-taking is often driven by the social meaning of risk and caution, and that social meaning operates as a tax on or a subsidy to behavior. Changes in social meaning present a serious collective action problem, but also a valuable opportunity for both law and …

Integrated, Embedded, And Case-Based: Selling Library Instruction To The Business School, Leticia Camacho, Andy Spackman

Faculty Publications

Brigham Young University (BYU), located in Provo, Utah, is home to the Marriott School of Management, which has an enrollment of 1,900 undergraduate and 1,100 graduate students. Nearly 75 percent are bilingual, 20 percent speak a third language, and approximately 10 percent are foreign citizens.

In the year 2000, the Tanner Management Library was displaced from the Marriott School and incorporated into the Harold B. Lee Library, BYU’s main campus library. Without a physical presence in the business school, BYU’s business librarians have struggled to remain relevant to a faculty and student body that is increasingly dependent on the Internet …

Influence Of Public Access On Raccoon Predation On Sea Turtle Nests In Boca Raton, Florida, Andrea. Vandam

Harriet L Wilkes Honors College Theses 2003 - 2009

In the Eastern United States, the Florida coastline provides 85% of all nesting sites for the green (Chelonia mydas), leatherback (Dermochelys coriacea), and loggerhead (Caretta caretta) sea turtles. Palm Beach County beaches experience some of the highest nesting frequencies, but recreational use of the beaches has increased threats like raccoon predation. The Gumbo Limbo Nature Center (GLNC) in Boca Raton (founded in 1984) keeps records of nests and predators to the nests. I analyzed 4554 GLNC nest records from 2002-2007 to examine whether raccoon predation of turtle nests was most prevalent in areas of high human impact. I found that …

Depths Of An English Heart", Joel. Simundich

Harriet L Wilkes Honors College Theses 2003 - 2009

In Ford Madox Ford's 1915 novel The Good Soldier, John Dowell comments "I had never sounded the depths of an English heart," as he painstakingly reconstructs his "extreme intimacy" with his late wife and their two closest friends. Throughout his narrative, Dowell approaches the limits of language, struggling to connect with lost companions by bringing language into scenes of miscommunication and silence. By translating emotional impasses and wordless exchanges from memory into narrative, Dowell seems to make these wordless interactions wordful. Ludwig Wittgenstein's investigation into "private language" helps elucidate Dowell's realization that he cannot fill wordlessness with words to reconstruct …

Postscripts To Paradise, Kathleen. Schindler

Harriet L Wilkes Honors College Theses 2003 - 2009

Since her creation in 1941, cultural critics have cited Wonder Woman as an emblem of femininity. In 1972, the American mainstream feminist movement--through Ms. magazine--officially accepted the character as a representation of feminism. When writers at Ms. criticized changes in the character, in which she abandoned her costume and superpowers, they neglected to consider Wonder Woman's history as American World War II propaganda. In doing so, they allowed the re-vamped 1973 version of the character, and her subsequent incarnations, to ignore the duality of her existence as both a feminist icon and a reinforcement of dominant American ideologies.