Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2008

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 10201 - 10230 of 13198

Full-Text Articles in Entire DC Network

Parents By The Numbers, Susan Frelich Appleton Jan 2008

Parents By The Numbers, Susan Frelich Appleton

Hofstra Law Review

This essay, an expanded version of the 2008 Siben Distinguished Professorship Lecture at Hofstra, explores the recent discourse - from case law, legal scholarship, and commentary - about whether children may have more than two legal parents. This discourse provides a lens for examining not only family law's current practices and trajectory but also family law's unfinished business, unspoken assumptions, and problematic inconsistencies.

Based on this examination, I largely ally myself with those who take a supportive approach to expanding parental numbers, but I include some significant points and elaborations missing from others' treatment of the topic. Specifically, I show …


Name-Calling, Elizabeth M. Glazer Jan 2008

Name-Calling, Elizabeth M. Glazer

Hofstra Law Review

Jennifer Hoffman identified as a woman. A classmate of mine in law school and a section-mate of mine during our first year, Jennifer wore no make-up, her short brown wavy hair parted to her right side, and an oxford shirt tucked into slacks each day. Jennifer always took her seat in the middle of the classroom in our large first year lectures. While members of my first year section, like many first year law students, shared the fear of being called on in class, many of us shared another fear, as well: the fear that Jennifer would be called on. …


Shared Sovereign Immunity As An Alternative To Federal Preemption: An Essay On The Attribution Of Responsibility For Harm To Others, Martin A. Kotler Jan 2008

Shared Sovereign Immunity As An Alternative To Federal Preemption: An Essay On The Attribution Of Responsibility For Harm To Others, Martin A. Kotler

Hofstra Law Review

Beginning with the Supreme Court's 1992 decision in Cipollone, courts have engaged in the practice of parsing the preemption language of federal legislation ostensibly to determine whether Congress intended to preclude the possibility of imposing liability on manufacturers under state products liability law. This article argues that congressional intent is largely a fiction and the cases based on it have been improperly decided. Nevertheless, the results reached in many of the cases are intuitively appealing. The reason for this is that the results commonly are based on the long-standing fairness principle that one should not be subjected to liability in …


Attitudes About Human Embryos, Embryonic Stem Cell Research, And Related Matters, Janet L. Dolgin, Catherine Fisher, Terri Shapiro Jan 2008

Attitudes About Human Embryos, Embryonic Stem Cell Research, And Related Matters, Janet L. Dolgin, Catherine Fisher, Terri Shapiro

Hofstra Law Review

No abstract provided.


Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee Jan 2008

Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee

UF Law Faculty Publications

This conference paper suggests that the problem of corporate ethics cannot be reduced to the autonomous person. Although the greatest influence on action and choice is one's moral constitution, it does not follow that the agent's behavior is the same within or without the firm. Ethics is a function of corporate form. The theory of agency cannot dismiss the firm as a fiction or metaphorical shorthand since that which does not exist should not be able to cause ethical breakdowns in corporate action. Thus, the theory of the firm, which emphasizes profit and wealth maximization, should incorporate a richer, more …


Colliding Worlds Of Dispute Resolution: Towards A Unified Field Theory Of Adr, David A. Hoffman Jan 2008

Colliding Worlds Of Dispute Resolution: Towards A Unified Field Theory Of Adr, David A. Hoffman

Journal of Dispute Resolution

In the essay that follows, I advocate for greater acceptance of the diversity of belief and practice in the field of dispute resolution and contend that the unifying elements of law and dispute resolution practice predominate over those elements that divide practitioners. After providing definitions of some of the primary forms of dispute resolution (in Part II), the article describes tensions in the Alternative Dispute Resolution (ADR) field (in Part III), quoting some of the harsh criticism that mediators, Collaborative practitioners, and other dispute resolvers have leveled at each other. Part III also expresses the concern that demonization and harsh …


Age Matters: Class, Family Formation, And Inequality, June Carbone Jan 2008

Age Matters: Class, Family Formation, And Inequality, June Carbone

Santa Clara Law Review

No abstract provided.


Montclair State University’S Secondary English Education Program : Perceptions And Expectations Of Pre-Service And Beginning Teachers Of Writing, David B. Malter Jan 2008

Montclair State University’S Secondary English Education Program : Perceptions And Expectations Of Pre-Service And Beginning Teachers Of Writing, David B. Malter

Theses, Dissertations and Culminating Projects

No abstract provided.


In Search Of Female Space : Resistance And Creation In Tsitsi Dangarembga’S Nervous Conditions And She No Longer Weeps, Diana Mckenna Jan 2008

In Search Of Female Space : Resistance And Creation In Tsitsi Dangarembga’S Nervous Conditions And She No Longer Weeps, Diana Mckenna

Theses, Dissertations and Culminating Projects

In this paper I explore how with Nervous Conditions (1988) and She No Longer Weeps (1987), Zimbabwean author Tsitsi Dangarembga creates alternative literary forms in her representation of architectural, bodily and narrative spaces and their relationship to female identities. These physical spaces the women characters inhabit, resist and in which they assert their voices must be cleared of patriarchal control in order for female-centered space to be produced. Moreover, the creation of a new speech paradigm, one that affirms the female voice, is crucial to the journey towards female autonomy. Inasmuch as Dangarembga explores the ways in which physical spaces …


Fema Trailers, Jae Rhim Lee Jan 2008

Fema Trailers, Jae Rhim Lee

SWITCH

This article introduces an art and research project centered on a surplus FEMA travel trailer delivered to MIT which is used as a focal point of a course taught by Jae Rhim Lee. Lee uses the trailer to explore broader issues of environmental justice, government failure, and the health effects of disaster response. The project connects to another one of her projects, N=1=0=Infinity, a proposal for eco-friendly burial methods using mushrooms to return the body’s nutrients to the Earth.


Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis A. Grossman Jan 2008

Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis A. Grossman

Cornell Law Review

No abstract provided.


Structure And Integrity, Susan Carle Jan 2008

Structure And Integrity, Susan Carle

Cornell Law Review

No abstract provided.


The Past, Present, And Future Of Legal Ethics: Three Comments For David Luban, William H. Simon Jan 2008

The Past, Present, And Future Of Legal Ethics: Three Comments For David Luban, William H. Simon

Cornell Law Review

No abstract provided.


Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel Jan 2008

Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel

Cornell Law Review

No abstract provided.


The Inevitability Of Conscience: A Response To My Critics, David Luban Jan 2008

The Inevitability Of Conscience: A Response To My Critics, David Luban

Cornell Law Review

No abstract provided.


Improving Knowledge Management Programs Using Marginal Utility In A Metric Space Generated By Conceptual Graphs, Jeffrey A. Schiffel Jan 2008

Improving Knowledge Management Programs Using Marginal Utility In A Metric Space Generated By Conceptual Graphs, Jeffrey A. Schiffel

CCAC Theses and Dissertations

Knowledge management has emerged as a field of endeavor that blends a systems approach with methods drawn from organizational management and learning. In contrast, knowledge representation, a branch of artificial intelligence, is grounded in formal methods. Research in the separate behavioral and the structural disciplines – knowledge management and knowledge engineering - has not traditionally cross-pollinated. This has prevented the development of many practical practices useful in organizations. Organization managers - line and senior - lack guidance in where to direct improvement efforts targeted at specific groups of company knowledge workers. Demonstrated here is Knowledge Improvement Measurement Space (KIMS), a …


Standing, Injury In Facts, And Private Rights, F. Andrew Hessick Jan 2008

Standing, Injury In Facts, And Private Rights, F. Andrew Hessick

Cornell Law Review

No abstract provided.


Trust Privacy, Frances H. Foster Jan 2008

Trust Privacy, Frances H. Foster

Cornell Law Review

No abstract provided.


Teachers' Perspectives On The Use Of Pedometers As Instructional Technology In Physical Education: A Cautionary Tale, Nate Mccaughtry, Kimberly L. Oliver, Suzanna Rocco Dillon, Jeffrey J. Martin Jan 2008

Teachers' Perspectives On The Use Of Pedometers As Instructional Technology In Physical Education: A Cautionary Tale, Nate Mccaughtry, Kimberly L. Oliver, Suzanna Rocco Dillon, Jeffrey J. Martin

Kinesiology, Health and Sport Studies

We used cognitive developmental theory to examine teachers' perspectives on the use of pedometers in physical education. Twenty-six elementary physical education teachers participating in long-term professional development were observed and interviewed twice over 6 months as they learned to incorporate pedometers into their teaching. Data were analyzed via constant comparison. The teachers reported four significant shifts in their thinking and values regarding pedometers. First, at the beginning, the teachers predicted they would encounter few implementation challenges that they would not be able to overcome, but, after prolonged use, they voiced several limitations to implementing pedometers in physical education. Second, they …


Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn Jan 2008

Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn

Articles & Book Chapters

Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …


The Recovery Of Stolen Cultural Property In The State Of Maryland, Gillian Flynn Jan 2008

The Recovery Of Stolen Cultural Property In The State Of Maryland, Gillian Flynn

University of Baltimore Law Forum

No abstract provided.


Happy Law Students, Happy Lawyers, Nancy Levit, Douglas O. Linder Jan 2008

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas O. Linder

Faculty Works

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …


Curriculum Change 2008-2009, Portland State University Jan 2008

Curriculum Change 2008-2009, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.


“Bridging Activities,” New Media Literacies, And Advanced Foreign Language Proficiency, Steven L. Thorne, Jonathon Reinhardt Jan 2008

“Bridging Activities,” New Media Literacies, And Advanced Foreign Language Proficiency, Steven L. Thorne, Jonathon Reinhardt

World Languages and Literatures Faculty Publications and Presentations

In this article we propose the pedagogical model bridging activities to address advanced foreign language proficiency in the context of existing and emerging internet communication and information tools and communities. The article begins by establishing the need for language and genre-focused activities at the advanced level that attend to the shifting social practices and emerging literacies associated with digital media. Grounded in principles of language awareness and the concept of multiliteracies, the bridging activities model centers on guided exploration and analysis of student selected or created digital vernacular texts originating in Web 2.0 and other technologies/practices such as instant messaging …


One4all Project, Melvin Queen Iii Jan 2008

One4all Project, Melvin Queen Iii

Senior Seminars

The problem our youth faces today is prevalent to our society, of how high drop out rates of minority and poor students further perpetuate the society's learning environment. We as a society should recognize this problem and do what we can do to help reconcile the situation to better educate our youth, to better educate our future. In an attempt to bring light on the problem I have started a project entitled the One4All Project. The purpose is to record and analyze data in an attempt to find solutions to resolving the problem of the lack of computers and services …


Government Support For Terrorism Insurance, Thomas Russell, Jeffrey E. Thomas Jan 2008

Government Support For Terrorism Insurance, Thomas Russell, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.


... Children With Visual Impairments, Michelle Scheller Jan 2008

... Children With Visual Impairments, Michelle Scheller

Honors Capstones

Camp Abilities is a camp for children ages nine to nineteen who have a desire to participate in sports activities. The campers or the athletes are visually impaired, blind or deafblind. The motto of the camp is "a loss of sight, never a loss of vision. This statement says it all, the attitude of the individuals who run the camp and the athletes themselves. The first camp was held at Brockport in 1996 with 27 campers participating. The camp has continued each year and averages around 50 campers per year. Camp Abilities has expanded and now has camps in Alaska, …


Validation Of A Measure Of Affective, Inferential, And Holistic Intuition, Lauren A. Carlson '08 Jan 2008

Validation Of A Measure Of Affective, Inferential, And Holistic Intuition, Lauren A. Carlson '08

Honors Projects

A new theory of intuition synthesizes current theoretical models suggesting the existence of three types of intuition: affective, inferential, and holistic (Pretz & Totz, 2(07). However, current intuition measures inadequately assess these types. In response, a new intuition inventory, the Types of Intuition Scale (TIntS), was created containing subscales measuring affective, inferential, and holistic intuition. The current study attempted to establish the factor structure and validity of the TIntS. A factor analysis of TIntS data from 332 participants revealed four distinct factors of intuition: affective, inferential, abstract holistic, and incubation. Additionally, 227 of these participants completed other measures of intuition …


Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman Jan 2008

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.


Index: Sports Law In Law Reviews And Journals, Brian C. Hartley Jan 2008

Index: Sports Law In Law Reviews And Journals, Brian C. Hartley

Marquette Sports Law Review

No abstract provided.