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2008

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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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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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Human Rights In The United States Human Rights In The United States: A Special Issue Celebrating The 10th Anniversary Of The Human Rights Institute At Columbia Law School: Foreword, Sarah Cleveland, Catherine Powell Jan 2008

Human Rights In The United States Human Rights In The United States: A Special Issue Celebrating The 10th Anniversary Of The Human Rights Institute At Columbia Law School: Foreword, Sarah Cleveland, Catherine Powell

Faculty Scholarship

This year marks the tenth anniversary of the founding of the Human Rights Institute (HRI) at Columbia Law School. Appropriately, it also marks the sixtieth anniversary of the Universal Declaration of Human Rights, the foundational instrument of the modern international human rights regime. When HRI was founded in 1998, it was established as a crossroads for human rights at Columbia, which would bridge theory and practice, human rights and constitutional rights, and law and other disciplines. From its inception, HRI has been a partner with the university-wide Center for the Study of Human Rights, which was established twenty years earlier …

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Anti-Corruption Principle, The, Zephyr Teachout Jan 2008

Anti-Corruption Principle, The, Zephyr Teachout

Faculty Scholarship

There is a structural anti-corruption principle, akin to federalism or the separation-of-powers principle, embedded in the Constitution. The Constitution was designed, in large part, to protect against corruption. This structural principle - like the other structural principles - should inform how judges "do" modern political process cases. This paper documents the corruption concerns at the Constitutional convention in detail. It then examines how the modern Supreme Courts' conception of corruption is fractured and ahistorical, and has led to an incoherent jurisprudence. Instead of starting with Buckley v. Valeo, as so many modern cases do, the Court should return to the …

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Imagining Gun Control In America: Understanding The Remainder Problem Article And Essay, Nicholas J. Johnson Jan 2008

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 …

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Recidivism As Omission: A Relational Account , Youngjae Lee Jan 2008

Recidivism As Omission: A Relational Account , Youngjae Lee

Faculty Scholarship

Are repeat offenders more culpable than first-time offenders? In the United States, the most important determinant of punishment for a crime, other than the seriousness of the crime itself, is the offender's criminal history. Despite the popularity of the view that repeat offenders deserve to be treated more harshly than first-time offenders, there is no satisfactory retributivist account of the "recidivist premium." This Article advances a retributivist defense of the recidivist premium and proposes that the recidivist premium be thought of as punishment not, as sometimes suggested, for a defiant attitude or a bad character trait, but as punishment for …

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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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Friendship In Young Adult Heterosexual Romantic Relationships, Billy Kidd Jan 2008

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 …

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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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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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Development Of The Secondary Conditions Among Adolescents With Disabilities (Scaad) Instrument: An Exploratory Study, Marie Middleton Jan 2008

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. …

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Neuroscience And Education: The Importance Of A Christian Understanding Of Human Persons, Laura A. Barwegen Ed.D. Jan 2008

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; …

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Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner Jan 2008

Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner

Public Law and Legal Theory Working Papers

Recent empirical scholarship that shows that judges decide cases in a manner that is consistent with their political biases has motivated a stream of proposals for reform, including judicial term limits, limitations on judicial review of statutes and agency actions, revision of the judicial appointments process, and mandatory mixed party representation on judicial panels. However, these proposals incorrectly assume that judicial bias is necessarily harmful, and do not fully consider the costs to other values even when reduction of judicial bias is justified. To evaluate proposals for reform, one needs a theory of judicial review, one that explains how bias …

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Expanding Restitution: Liability For Unrequested Benefits, Ariel Porat Jan 2008

Expanding Restitution: Liability For Unrequested Benefits, Ariel Porat

Public Law and Legal Theory Working Papers

Suppose Owner can improve his property at a cost of 15, thereby creating benefits of 10 for himself and 10 for his Neighbors. Since each Neighbor expects to reap the benefits regardless of whether she pays Owner or not for this enhancement, all Neighbors may refuse to share the burden and the welfare enhancing activity will not take place. This paper advocates correcting this failure by recognizing an Expanded Duty of Restitution (“EDR”) that obligates recipients of benefits, under certain, well-defined conditions, to compensate benefactors for unrequested benefits voluntarily conferred upon them. Part I of the paper compares the law’s …

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Adolescent Risk-Taking And Social Meaning: A Commentary, Cass R. Sunstein Jan 2008

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 …

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Empirical Examination Of The President As A Policy Entrepreneur, Skyler. Smith Jan 2008

Empirical Examination Of The President As A Policy Entrepreneur, Skyler. Smith

Harriet L Wilkes Honors College Theses 2003 - 2009

My study focuses on oscillating political context to find what factors are conducive to the proposal and ultimate success of executive-generated, liberal health care policy. When it comes to initiating policy change, most of the existing literature concentrates on individuals in Congress or local level politicians. Beginning with the advent of the so-called "Modern Presidency" during the early years of the twentieth century, the President has increasingly played an active role in government, particularly with respect to legislation--he can be considered a "policy entrepreneur." I use data on variables from 1959 to 2004 and employ the Two-Stage Conditional Maximum Likelihood …

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Property Tax Levy Limits, Julie Mae. Schnee Jan 2008

Property Tax Levy Limits, Julie Mae. Schnee

Harriet L Wilkes Honors College Theses 2003 - 2009

In 1992, the State of Florida passed a constitutional amendment to cap the increase in the annual assessment of homestead properties. The amendment, known as Save Our Homes, has created a horizontal equity problem as neighboring homeowners may be paying substantially different amounts of property taxes on similar properties. In light of the recent property tax reform attempts, it is appropriate to analyze the effect of a change in Florida's homestead exemption and Save Our Homes provision in order to eliminate the inequity problem. In this paper I will show that by replacing the homestead exemption and Save Our Homes …

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Fistful Of Facts, Peter. Salomone Jan 2008

Fistful Of Facts, Peter. Salomone

Harriet L Wilkes Honors College Theses 2003 - 2009

In 1919, the Soviet filmmaker Dziga Vertov declared a "death sentence" on fictional films. Vertov championed his own unique method of non-fiction filmmaking, called Kino-Eye, which is based on Vertov's ideas regarding truth in cinema. Although he does not write specifically about Vertov or film, the philosopher Nelson Goodman offers a contrasting view of truth in general. By comparing the Kino-Eye method to Goodman's philosophy, we can better understand Vertov's radical ideas and see more clearly how the concept of cinematic truth has changed over time.

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Search For Self In The Postmodern Novel, Jaime Frances. Neudecker Jan 2008

Search For Self In The Postmodern Novel, Jaime Frances. Neudecker

Harriet L Wilkes Honors College Theses 2003 - 2009

In my thesis I look at three novels by Don DeLillo: Americana, Mao II, and Falling Man. These three novels, published in 1971, 1991, and 2007 respectively, represent the full range of DeLillo's body of work, and demonstrate a clear progression of the major themes in his writings. Each of these novels presents a protagonist who is on a journey of self-discovery, effectively seeking what many critics have identified as an outdated form of self--a Modernist notion of self. The problematic nature of identity in these novels is exacerbated by changes in representation and warfare, particularly the perceived loss of …

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Role Of Church-State Conflict In The Growth Of Religious Pluralism In Latin America, Michael. Mcmillan Jan 2008

Role Of Church-State Conflict In The Growth Of Religious Pluralism In Latin America, Michael. Mcmillan

Harriet L Wilkes Honors College Theses 2003 - 2009

Since the 1960s Latin America has experienced a religious transformation, with several countries developing significant Protestant populations. These religious changes have influenced the political processes of several Latin American nations, playing a prominent role in elections and the formation of political platforms. Several theories attempt to account for the recent growth in religious pluralism, particularly social anomie theory and religious market models. These theories ignore or downplay the role of conflict between the state and civil society, especially violent confrontations between the government and the Roman Catholic Church. This study focuses on four case studies with varying amounts of church-state …

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Pentecostalism, Development And Democracy In Latin America, Pierre A. Louis Jan 2008

Pentecostalism, Development And Democracy In Latin America, Pierre A. Louis

Harriet L Wilkes Honors College Theses 2003 - 2009

The recent explosive growth of Protestantism in Latin America has led a number of scholars to predict that the region may be on its way to reaching a significantly higher levels of socioeconomic development and democracy. These are important claims for a region that has struggled with both economic development and democratic consolidation. This thesis argues that Protestantism in Latin America does not follow the classical Weberian pattern of development. Because the majority of Protestant growth in the region is Pentecostal, the causal assumptions of the--culture and development school do not hold. Furthermore, a context of neoliberalism, a significant colonial …

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They Forget I Am An Irishman", Mark. Goldberg-Foss Jan 2008

They Forget I Am An Irishman", Mark. Goldberg-Foss

Harriet L Wilkes Honors College Theses 2003 - 2009

Early twentieth-century Ireland was the setting of a complex political situation dominated by overlapping social, ideological, and ethnic conflicts. A group of working-class nationalists led by James Connolly attempted to fuse the class and national struggles, incorporating elements of nationalist cosmology, Marxist teleology, syndicalist trade-union practice, and the cultural militarization of Ireland's "physical-force" tradition. This thesis critically examines their hybrid theory and revolutionary praxis. With its analysis of the failure to realize an independent, socialist Ireland, it contributes to broader discussions of the relationship between nationalism and socialism, and the ability of these theories to address cultural heterogeneity.

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Gentle Gender?, Jenna. Fitzgerald Jan 2008

Gentle Gender?, Jenna. Fitzgerald

Harriet L Wilkes Honors College Theses 2003 - 2009

Twelve years separate the plays Titus Andronicus and Macbeth and yet the similarities between Tamora and Lady Macbeth seem to indicate that the former served as a model for the latter female revenge character. Despite the many characteristics that connect the two powerful women, Shakespeare not only intensifies Tamora but questions her maternal traits, exaggerates her competition with the male characters, and replaces her motives for madness in order to create Lady Macbeth. While it is often assumed that a female's identity is defined through her male counterpart, the opposite is true of the male characters in Titus Andronicus and …

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Own-Age Bias And Memory For Events, Danielle L. Boutté Jan 2008

Own-Age Bias And Memory For Events, Danielle L. Boutté

Harriet L Wilkes Honors College Theses 2003 - 2009

Event memory studies have shown that older adults typically have poorer memories for events than do younger adults. Unfortunately, these studies tested memory for events that contained only young adults as the actors. It could be that the younger adults remembered the events better due to an own-age bias. One particular type of event memory error is called unconscious transference. In unconscious transference, a binding error results in false conjunction memories. Several studies have shown that older adults are more likely to make these errors. This study aims to look more closely at the effects of own-age bias on face …

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Comparative Analysis Of The French And American Judicial Systems And The Cultural Effects Of Judicial Decisions, Cynthia. Avari Jan 2008

Comparative Analysis Of The French And American Judicial Systems And The Cultural Effects Of Judicial Decisions, Cynthia. Avari

Harriet L Wilkes Honors College Theses 2003 - 2009

The histories of France and the United States of America are often compared alongside the judicial systems of each country. While the histories of the countries, starting with the French and American revolutions, have similarities, the judicial systems themselves are based on different schools of thought. The French method of judicial decision making is based on the Napoleonic code whereas the American method is based on that of common law. In available literature regarding comparisons of France and the United States, it is an assumption that, if the American and French judicial systems are based on different legal theories, the …

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