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2008

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Craig Claiborne : A Southern-Made Man, Georgeanna Milam Chapman Jan 2008

Craig Claiborne : A Southern-Made Man, Georgeanna Milam Chapman

Electronic Theses and Dissertations

No abstract provided.


Toward A Just And Rational Body Of Substantive Criminal Law, Stephen J. Schulhofer Jan 2008

Toward A Just And Rational Body Of Substantive Criminal Law, Stephen J. Schulhofer

Faculty Articles

With uncommon ease and graciousness, exceptional intellectual force and personal humility, Sandy continues to carry his own work forward and to project his values and commitments through his lasting impact on the work of so many others, all of us committed as he is to nurturing "respect [for] the importance of a just and rational body of substantive criminal law."


The Behavioral Economics Of Consumer Contracts, Oren Bar-Gill Jan 2008

The Behavioral Economics Of Consumer Contracts, Oren Bar-Gill

Faculty Articles

In the past decade, behavioral economics has established itself as a contender to the throne of neoclassical economics in the economic analysis of law. The pros and cons of behavioral as compared to neoclassical economics have been vigorously debated at the general, methodology level. But the success or failure of the behavioral challenge will be judged by its ability to improve upon neoclassical economics—both descriptively and prescriptively—in specific legal applications. Consumer contracts provide an important test case for behavioral economics. In this Exchange, we offer the first comprehensive debate between the behavioral and neoclassical perspectives as applied to the law …


An Empirical Study Of U.S. Copyright Fair Use Opinions, 1978-2005, Barton C. Beebe Jan 2008

An Empirical Study Of U.S. Copyright Fair Use Opinions, 1978-2005, Barton C. Beebe

Faculty Articles

Section 107 of the Copyright Act of 1976 establishes the affirmative defense to copyright infringement of “fair use,” by far the most enigmatic doctrine in U.S. copyright law and by far the most important. Without it, much of our economic and communicative action would constitute copyright infringement. Yet despite the importance of the fair use defense, and despite the enormous amount of scholarly attention that it has received, we continue to lack any systematic, comprehensive account of our fair use case law and the actual state of our fair use doctrine. Instead, our conventional wisdom derives from a small set …


Slay The Three-Headed Demon!, Peggy C. Davis Jan 2008

Slay The Three-Headed Demon!, Peggy C. Davis

Faculty Articles

An invisible demon walks the halls of all the law schools I have known, vexing the learning environment and discouraging engagement. This demon is a special breed of the Dysfunctional Hierarchy species.' It has three heads. The middle head, Intelligence Bias, does most of the demon's thinking. On either side are the smoky-nostriled head of Intellectual Segregation and the fire-breathing head of Tracking. My proposal for improving legal education is that we take up our swords and slay the demon. Without it, law schools could stop the much-criticized practice of sharpening minds by narrowing them, and instead cultivate the intellectual …


The Networked Family: Reframing The Legal Understanding Of Caregiving And Caregivers, Melissa Murray Jan 2008

The Networked Family: Reframing The Legal Understanding Of Caregiving And Caregivers, Melissa Murray

Faculty Articles

In this Article, I examine the law’s understanding of caregiving as a parental endeavor in order to highlight the disjunction be-tween legal theory and the way that families actually perform their caregiving functions. I argue that because family law understands caregiving as parenting, it precludes recognition of the way in which parents and nonparents work together to discharge caregiving responsibilities. I further argue that broader recognition of caregiving networks and nonparental caregivers would better sup-port parents, caregiving, and the private infrastructure of care. In so doing, I depart from other scholars who have argued for greater recognition of nonparents who …


Positive Theory And The Internal View Of Law, John A. Ferejohn Jan 2008

Positive Theory And The Internal View Of Law, John A. Ferejohn

Faculty Articles

The purpose of this Article is to ask, first, whether positive theories of law can provide explanations of law, legal practices, and institutions from an internal perspective. H.L.A. Hart argued that in a genuine legal system people, or at least legal officials, do not obey the law out of fear of sanctions, but because they accept legal norms, internally, as providing practical reasons for acting or refraining from acting. Legal norms cannot be reduced to systems of punishment but must be understood to guide action in other ways. Are the methodological commitments of positive theory to economic modeling compatible with …


When War Is Work: The G.I. Bill, Citizenship, And The Civic Generation, Melissa Murray Jan 2008

When War Is Work: The G.I. Bill, Citizenship, And The Civic Generation, Melissa Murray

Faculty Articles

Book review of Soldiers to Citizens: The G.I. Bill and the Making of the Greatest Generation, by Suzanne Mettler (Oxford University Press, 2005).


Judicial Transparency In An Age Of Prediction, Adam M. Samaha Jan 2008

Judicial Transparency In An Age Of Prediction, Adam M. Samaha

Faculty Articles

The Empirical Legal Studies (ELS) movement is making strides toward understanding judicial behavior, and ELS models could become the foundation for more accurate prediction of judicial decisions. This essay raises two questions. First, what would an age of predictable judicial behavior look like? Second, would satisfying the informational needs of ELS prediction models also exhaust the demands for 'judicial transparency"? The essay concludes that a state of predictable judicial behavior, if somehow stable, would leave almost no litigation to observe; and that a prediction-oriented information policy would nearly meet the demands of today's transparency advocates. One shortfall involves the intrinsic …


Gender Justice Through Public Interest Litigation: Case Studies From India, Avani Mehta Sood Jan 2008

Gender Justice Through Public Interest Litigation: Case Studies From India, Avani Mehta Sood

Faculty Articles

This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …


Renegade Speakers : Jaques In As You Like It And King Lear, Amanda Etheridge Jan 2008

Renegade Speakers : Jaques In As You Like It And King Lear, Amanda Etheridge

Electronic Theses and Dissertations

No abstract provided.


Why Can't We Be Friends? : An Exploratory Study Of The Barriers To Establishing Friendships Between American And International Students / By Christina Tucker, Christina Tucker Jan 2008

Why Can't We Be Friends? : An Exploratory Study Of The Barriers To Establishing Friendships Between American And International Students / By Christina Tucker, Christina Tucker

Electronic Theses and Dissertations

No abstract provided.


A New Way Of Reading : Stephanie Plum's Hybrid Audience And A New Wave Of Genre Fiction / By Sarah Wurgler, Sarah Wurgler Jan 2008

A New Way Of Reading : Stephanie Plum's Hybrid Audience And A New Wave Of Genre Fiction / By Sarah Wurgler, Sarah Wurgler

Electronic Theses and Dissertations

No abstract provided.


Memory For Gossip, Jennifer Caldwell Jan 2008

Memory For Gossip, Jennifer Caldwell

Electronic Theses and Dissertations

No abstract provided.


Antidotes To High School Economics (Mis-)Education On World Hunger, Julie A. Nelson Jan 2008

Antidotes To High School Economics (Mis-)Education On World Hunger, Julie A. Nelson

Economics Faculty Publication Series

No abstract provided.


Language Of Sex: Moral Socialization And Reproductive Education In Public Schools, Melyn Heckelman Jan 2008

Language Of Sex: Moral Socialization And Reproductive Education In Public Schools, Melyn Heckelman

Honors Theses

This thesis is the product of my five weeks of ethnography in three classrooms in Waterville, Maine and the surrounding area, in addition to individual and group interviews with both students and the educators themselves. It seeks to understand why, in a culture so saturated with images of sexuality and naked bodies, the teachers I observed were largely unwilling or unable to discuss human sexuality in public schools as anything more than a public health issue. Since the 1960s sex educators have been fighting to teach about contraceptives. Recent longitudinal studies have confirmed what proponents of comprehensive education have been …


A Scale-Free Theory Of Emergence: Four Sequences Of Emergence Within, Of, And Across Organizations, Benyamin B. Lichtenstein Jan 2008

A Scale-Free Theory Of Emergence: Four Sequences Of Emergence Within, Of, And Across Organizations, Benyamin B. Lichtenstein

College of Management Working Papers and Reports

Emergence – the “coming into being” of new processes, structures and entities – is a consequential phenomenon that management scholars have been exploring since Babbage (1832) described the emergence of a division of labor, and Weber (1947) explained the emergence of bureaucratic hierarchy. Emergence is important and unique not only because it occurs at multiple levels within and across organizations, but also because emergence is the process that creates new “levels” of organizing (McKelvey & Lichtenstein, 2007).


University Of Central Florida Ir 2007-2008 Fact Book, University Of Central Florida Jan 2008

University Of Central Florida Ir 2007-2008 Fact Book, University Of Central Florida

Historical Fact Book and Enrollment

Historical fact book and enrollment data for the University of Central Florida.


Air Pollution, Economic Development Of Communities, And Health Status Among The Elderly In Urban China., Rongjun Sun, Danan Gu Jan 2008

Air Pollution, Economic Development Of Communities, And Health Status Among The Elderly In Urban China., Rongjun Sun, Danan Gu

Sociology & Criminology Faculty Publications

In Western societies, the impact of air pollution on residents' health is higher in less wealthy communities. However, it is not clear whether such an interaction effect applies to developing countries. The authors examine how the level of community development modifies the impact of air pollution on health outcomes of the Chinese elderly using data from the third wave of the Chinese Longitudinal Health Longevity Survey in 2002, which includes 7,358 elderly residents aged 65 or more years from 735 districts in 171 cities. The results show that, compared with a 1-point increase in the air pollution index in urban …


The Framing And Evaluation Of Multiple Hypotheses, Theodore J. Mock, Arnold Wright, Rajendra P. Srivastava, Hai Lu Jan 2008

The Framing And Evaluation Of Multiple Hypotheses, Theodore J. Mock, Arnold Wright, Rajendra P. Srivastava, Hai Lu

Research Collection School Of Accountancy

This study provides exploratory evidence on auditors’ framing and evaluation of hypotheses, identifies implications for improving audit decision-making and facilitates the interpretation of prior research. Prior studies usually assume hypotheses to be framed as mutually exclusive and exhaustive. However, both verbal protocol evidence and probability assessments reveal that in a realistic case most auditors frame the hypotheses as a non-mutually exclusive and exhaustive set of causes. Further, auditor probability assessments tend to reflect multiple causes. Finally, exploratory analyses indicate auditors have difficulty in updating assessments consistent with the perceived interrelationships between hypotheses.


Heuristic Health Resource Referral (H2r2) Engine, Duy Vo Jan 2008

Heuristic Health Resource Referral (H2r2) Engine, Duy Vo

Master's Projects

Searching for health resources is difficult for many individuals because it requires domain knowledge and understanding of search engines techniques. Our system proposes a paradigm shift whereby users provide as much or as little information as they feel comfortable, and we endeavor to match them with relevant health resources. The system first attempts to identify risk factors through a heuristic engine that employs fuzzy logic and then searches for health resources based on the user’s profile. We aim to unburden the user from having to understand complex health information and sometimes esoteric search techniques. Our preliminary findings show that a …


Employee Performance Assessment In Quality Assurance, Rahul Jain Jan 2008

Employee Performance Assessment In Quality Assurance, Rahul Jain

Master's Projects

Employee performance often determines the progress of a company. Poor appraisals and improper assessment directly effects employee satisfaction and impair company results. Many managers rely primarily on behavioral impressions without appropriately including factual information of the actual work done. There is clear benefit from procedures that elicit and use both factual and subjective criteria for assessment. Analytical Hierarchy Process (AHP) is a methodology that can be applied to complex decisions with multiple criteria [29]. AHP has the capability to combine both subjective and objective evaluation factors, thereby minimizing bias in decision making [29]. The methodology also allows subjective measures from …


The Culpability Of Felony Murder, Guyora Binder Jan 2008

The Culpability Of Felony Murder, Guyora Binder

Notre Dame Law Review

No abstract provided.


Creating And Living Authentic Lives : Finding Ourselves In The Midst Of Everydayness, John Jong Ho Lee Jan 2008

Creating And Living Authentic Lives : Finding Ourselves In The Midst Of Everydayness, John Jong Ho Lee

Doctoral Dissertations

unavailable


Ethnic Theme Housing At Berkeley And Cornell : A Critical Hermeneutic Understanding Of Ethnic Identity, Daniel Ocampo Jan 2008

Ethnic Theme Housing At Berkeley And Cornell : A Critical Hermeneutic Understanding Of Ethnic Identity, Daniel Ocampo

Doctoral Dissertations

unavailable


The Effect Of Responsiveness To Intervention Tier 2 On Underachieving Students In Vocabulary Development At The Secondary Level, Elizabeth Gail Kirby Jan 2008

The Effect Of Responsiveness To Intervention Tier 2 On Underachieving Students In Vocabulary Development At The Secondary Level, Elizabeth Gail Kirby

Doctoral Dissertations

unavailable


Comparison Of A Residency-Based Educational Model With A Traditional Clinical Education Model On Perceived Clinical Decision-Making Competencies In Undergraduate Nursing Students, Dina Silverthorne Jan 2008

Comparison Of A Residency-Based Educational Model With A Traditional Clinical Education Model On Perceived Clinical Decision-Making Competencies In Undergraduate Nursing Students, Dina Silverthorne

Doctoral Dissertations

unavailable


The Effect Of Simulated Clinical Experience On Knowledge, Near Transfer, And Far Transfer In Nursing Education, Shana Ruggenberg Jan 2008

The Effect Of Simulated Clinical Experience On Knowledge, Near Transfer, And Far Transfer In Nursing Education, Shana Ruggenberg

Doctoral Dissertations

unavailable


An Investigation Of The Quantity And Type Of Female Veterans' Responses To Hepatitis C Treatment Screening And Acceptance, Sue L. Currie Jan 2008

An Investigation Of The Quantity And Type Of Female Veterans' Responses To Hepatitis C Treatment Screening And Acceptance, Sue L. Currie

Doctoral Dissertations

unavailable


The Effect Of Professional Development Of Nonverbal Communication Behaviors Of Participants' Regognition And Understanding Of These Behaviors, Peggy Koshland-Crane Jan 2008

The Effect Of Professional Development Of Nonverbal Communication Behaviors Of Participants' Regognition And Understanding Of These Behaviors, Peggy Koshland-Crane

Doctoral Dissertations

unavailable