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The Social Change Model Of Leadership Development: Differences In Leadership Development By Levels Of Student Involvement With Various University Student Groups, Chastity Beth Gerhardt

Theses and Dissertations

The development of students as leaders is a priority for most institutions of higher education and research suggests that students' leadership skills increase as a result of engagement in the collegiate environment. Given the scarcity of leadership models and instruments designed specifically for college students, research regarding leadership development among college students is lacking.

The purpose of this study was to analyze the differences in leadership development among various levels of student involvement within several student groups as measured by self-reported scores on the Multi-Institutional Study of Leadership instrument. The basic research question was: Were there significant differences between student …

The Use And Interpretation Of The Batería Iii With U.S. Bilinguals, Julie Esparza Brown

Dissertations and Theses

Within each classroom, many children excel academically while others struggle. Some students' difficulties are such that they require placement into educational programs different from grade level core and perhaps delivered outside of general education classrooms. For many, special education programs are the lifeline to reach their innate potential. For others misplaced into special education, their opportunities may be truncated. For the past 40 years (Dunn, 1968), disproportionate representation of minority children in some disability categories has been a problem. Educators commonly ask "Is a child's difficulties due to language differences or a learning disability?" One key area of confusion relates …

Pastoral Profits Guide, A Paddock Guide To Achieving Sustainable Livestock Productivity, Mark Alchin, Jim Addison, Valarie Shrubb, Zac Cockerill, Matthew Young, Tim Johnson, Greg Brennan

All other publications

Most pastoralists appreciate the need to deliver an economic, environmental and social 'profit' from their business. Achieving these profits can be a real challenge given the comparatively low productive potential and the substantial seasonal variation in the WA Southern Rangelands region. This guide was written to assist pastoralists to meet their specific livestock production, financial and range condition objectives through the better alignment of feed demand (stocking rate) to feed supply (carrying capacity). We provide nine basic steps that simplify the process of managing the feed supply, equipping pastoralists with the tools to make· decisions and to critically assess the …

Climate Change, Vulnerability And Adaptation For South-West Western Australia: Phase One Of Action 5.5, Western Australian Greenhouse Strategy, Luke Morgan, Jo Anne Molin, Ross George, Richard Mckellar, Janet Conte

Bulletins 4000 -

This report outlines preliminary findings about the impacts of climate changes that occurred during 1975 to 2005 on the South West’s people, its economy and natural ecosystems. The report focuses on vulnerability and adaptation, identifying useful pointers for future work, particularly in relation to how well the community, stakeholders and decision-makers understand climate change as an issue and a threat.

Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks

Publications

In September 2008, the D.C. federal court issued a landmark decision holding that discrimination against a transgender person was sex discrimination under Title VII. This decision throws into sharp relief the ongoing debates among supporters of the Employment Non-Discrimination Act about whether the compromise on including protection for gender identity claims. Consideration of ENDA in some form will likely be early on the agenda of the next Congress, especially under a Democratic administration likely to support the bill. This essay proposes an alternative to ENDA that would embrace the theoretical connections between sex, gender, and sexual orientation, with important practical …

Legal Lore, Marissa Moran

Publications and Research

No abstract provided.

Recognizing Multijurisdiction Class Action Judgments Within Canada: Key Questions—Suggested Answers, Janet Walker

All Papers

No abstract provided.

Writing Resistance Into International Law, Ruth Buchanan

All Papers

This essay considers the problem of theorizing resistance within international law through a close reading of two recent contributions to the TWAIL literature. It is concerned less with their critiques of contemporary developments, than with how these scholars map the possible spaces for resistance of third world states and peoples to international legal institutions and discourses. Do they argue that third world resistance has the potential to transform international law, and move us in the direction of a more just international order? If so, how is that process of change envisioned? While the answers to these questions are, not surprisingly, …

The Corporate Social Responsibility Movement As An Ethnographic Problem, John M. Conley, Cynthia A. Williams

All Papers

Over the past decade, the business world has devoted an extraordinary amount of attention to the concept of "corporate social responsibility." CSR derives from the idea that the responsibility of a corporation extends beyond the traditional Anglo-American objective of providing maximal financial returns to its shareholders. Instead, CSR proponents have argued, the legitimate concerns of a corporation should include such broader objectives as sustainable growth, equitable employment practices, and long-term social and environmental well-being. CSR is now the focus of a well-defined and energetic movement that has manifested itself in a variety of ways. It is, in the anthropologist Sally …

Victims And The Significance Of Causing Harm, Guyora Binder

Journal Articles

Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …

The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …

Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman

Journal Articles

Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …

A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Journal Articles

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …

What Is This "Lobbying" That We Are So Worried About?, Lloyd Hitoshi Mayer

Journal Articles

Lobbying is both an essential part of our democratic process and a source of some of our greatest fears about dangers to that process. Yet when Congress, the public, and scholars consider loosening or, as is more often the case, tightening the restrictions on lobbying, they usually assume that everyone knows what activities are in fact lobbying. They therefore overlook the fact that multiple definitions of lobbying currently exist in the various federal laws addressing lobbying. This Article seeks to fill this gap by answering the question of how lobbying should be defined for purposes of the existing federal laws …

Religion At A Public University, Gerard V. Bradley

Journal Articles

On March 6, 2007, the College of William & Mary announced a “compromise” solution to its polite civil war over the historic Wren Chapel. In a joint statement with President Gene Nichol, the Board of Visitors declared that permanent display of the Christian cross within the Chapel would resume. The cross would be moved, however, from its former place at center stage on the Chapel altar. Accompanying the elocated display would be a plaque “explaining the College's Anglican roots.” The compromise further provided that, when needed during certain worship services, the cross could be moved back to the altar. When …

The Memory Gap In Surveillance Law, Patricia L. Bellia

Journal Articles

U.S. information privacy laws contain a memory gap: they regulate the collection and disclosure of certain kinds of information, but they say little about its retention. This memory gap has ever-increasing significance for the structure of government surveillance law. Under current doctrine, the Fourth Amendment generally requires government agents to meet high standards before directly and prospectively gathering a target's communications. The law takes a dramatically different approach to indirect, surveillance-like activities, such as the compelled production of communications from a third party, even when those activities yield the same information as, or more information than, direct surveillance activities. Because …

Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Journal Articles

In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurulé

Journal Articles

Although the United States supports the creation of a permanent International Criminal Court (ICC), it opposes such a court as set forth in the 1998 Rome Statute because it leaves open the potential for United States military personnel and government officials to be prosecuted for unintended loss of civilian life. Can the United States formulate a legal argument to support its view that inadvertent civilian casualties should not be considered a war crime within the jurisdiction of the ICC? The article argues that it can because the ICC’s jurisdiction under the Rome Statute is not complementary to national prosecutions held …

A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell

Journal Articles

No abstract provided.

Bringing Clarity To Title Clearing: Tax Foreclosure And Due Process In The Internet Age, James J. Kelly Jr.

Journal Articles

The foreclosure of property tax liens performs an essential economic function by reconnecting underutilized properties to the real estate market. To clear title in an efficient and just manner, local jurisdictions foreclosing on tax liens require clear, balanced procedures for the provision of notice to affected parties. In its 2006 decision in Jones v. Flowers, the U.S. Supreme Court found that the foreclosing jurisdiction's lack of direct follow-up on returned notice mailings denied the addressee due process because the foreclosing party did not take steps that would be chosen by one desirous of actually informing the property owner. In subjecting …

Children's Beliefs And Family Law, Margaret F. Brinig

Journal Articles

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …

Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford

Journal Articles

Excerpts from the Article

Embodied in the Universal Declaration of Human Rights is the evocative proposition that [e]veryone has the right to freedom of opinion and expression. But beneath that level of abstraction there is anything but universal agreement.

This book review argues that the dissonance between countries need not be challenged in pursuit of uniformity. Indeed, in those cases in which the differences reflect an appropriate balance of competing goods, it should be celebrated. Constitutional exceptionalism recognizes and celebrates each country's attempt to optimize the general welfare of that country by balancing competing goods in a manner consistent with …

The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa

Journal Articles

No abstract provided.

Judicial Enforcement Of The Establishment Clause, Richard W. Garnett

Journal Articles

This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

This-Worldly Explanations For Otherworldly Growth: Vitality In An Ozarks Megachurch, Joseph Lee Dutko

Graduate Theses/Dissertations

James River Assembly, a Pentecostal megachurch in the Missouri Ozarks, grew from forty-two people in 1991 to over nine thousand in 2008. What led to such growth? Using ethnographic research methods such as interviews and twenty months of field observations, this study uses the story of James River Assembly to enter into the debate on congregational vitality. Three reasons emerge for the growth and strength of the church: excitement and optimism, an apocalyptic worldview, and a clear sense of identity embraced as a worthy pursuit by members. Each chapter presents theories of vitality that are useful for understanding growth at …

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it may not accomplish directly. In this article, I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with …

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

College of Communication Faculty Research and Publications

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader law of newsgathering, which encompasses not only source relationships, but also rights of access to places and records, protections against civil and criminal liability for torts and crimes committed in the pursuit of news, and protections against government searches of newsrooms and phone records, among other things. Resolving these conflicts has grown more …

Community Renegades: Micro-Radio And The Unlicensed Radio Movement, Lawrence Soley

College of Communication Faculty Research and Publications

No abstract provided.

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …