Digital Commons Network^™

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai

Scholarly Articles in Law Reviews & Journals

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …

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

Scholarly Articles in Law Reviews & Journals

This article explores the development and interaction of the legal and cultural categories food and drug from the late nineteenth century to the present. It is based not only on legal and historical research, but also on theories of category formation from the fields of linguistics and psychology. The scope of the Food and Drug Administration's power is defined primarily by the list of product categories over which it has jurisdiction. The statutory definitions of these categories (food, drug, cosmetic, device, and human biological product) thus delineate the outer boundaries of the arena within which the agency operates. The definitions …

The Effects Of Parental Involvement On Early Reading Acquisition Among Kindergarten Students, Erin Vander Velde

Dissertations and Theses @ UNI

Children begin to develop literacy skills long before they enter formal education. It has been found that parental involvement in the early literacy process through both formal and informal activities at home can help to improve a child's reading abilities, even when risk factors are present. Providing skills to parents may help them to bolster their child's reading acquisition. This study sought to determine the impact of parental on the reading skills of kindergarten students, as measured by the Dynamic Indicators of Parents of three students receiving Title I services in reading attended a reading seminar. Children of parents attending …

Validation Of Physical Activity As A Measure Of Shoulder Dysfunction, Lindsey Kae Alderson

Dissertations and Theses @ UNI

The use of physical activity measures has been used in a variety of populations with various diseases and disabilities. The use of physical activity measures has shown known-group differences in populations with neurological disease, stroke patients, and lower extremity dysfunction. Physical activity measures have been used to show health differences, recovery, and disease progression and regression. The purpose of this project was to examine if physical activity are affected by isolated upper extremity shoulder injuries which then may be used as a functional outcome measure. This study was a non-experimental, observational, matched-pair design. A total of fourteen participants composed two …

The Perils Of A Half-Built Bridge: Risk Perception, Shifting Majorities, And The Nuclear Power Debate, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …

Technology In Clinical Practice, Mark R. Mcminn, Justin Orton, Scott Woods

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

Divided By Sin (Chapter 1 From Sin And Grace In Christian Counseling), Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

Editorial-Transitional Justice Globalized, Ruti G. Teitel

Articles & Chapters

Interest in transitional justice has surged in legal scholarship, in the human rights field generally and most notably in the domain of politics. ‘Transitional justice’ is an expression I coined in 1991 at the time of the Soviet collapse and on the heels of the late 1980’s Latin American transitions to democracy. In proposing this terminology, my aim was to account for the self-conscious construction of a distinctive conception of justice associated with periods of radical political change following past oppressive rule. Today we see that an entire field of inquiry, analysis and practice has ensued that reflects scholarly interest; …

Forgiveness And Prayer, Mark R. Mcminn, Heath Fervida, Keith A. Louwerse, Jennifer L. Pop, Ryan Dale Thompson, Bobby L. Trihub, Susan Mcleod-Harrison

Faculty Publications - Doctor of Psychology (PsyD) Program

Forgiveness and prayer are both topics of contemporary social science research, but they are not often considered together. The present study investigates how Christian respondents portray prayer when describing the process of interpersonal forgiveness. Just over half of the respondents mentioned prayer as an important part of forgiveness at their first opportunity in a structured interview protocol. Prayer responses were coded as inward, upward, or outward, with inward prayers being the most common. The narrative descriptions of inward prayer resemble Worthington's (2001, 2003) REACH model of the forgiveness process.

See Erie: Critical Study Of Legal Authority, Kris Franklin

Articles & Chapters

No abstract provided.

Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin

Articles & Chapters

The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.

The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …

I Might Need A Good Lawyer, Could Be Your Funeral, My Trial: Global Clinical Legal Education And The Right To Counsel In Civil Commitment Cases, Michael L. Perlin

Articles & Chapters

The quality of counsel assigned to represent individuals facing involuntary civil commitment to psychiatric hospitals is, in most American jurisdictions, mediocre or worse. In many other nations, it is non-existent, or so minimal as to offer only the illusion of legal safeguards. (Perhaps) remarkably, there has been virtually no mention of this latter scandal in the legal literature. Also, there has been little attention paid to this development by the clinical education movement (domestically and globally).

A variety of interrelated factors, however, may shed some light on this scandal, and may, encouragingly, lead to social change in the future:

- …

Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …

Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman

Articles & Chapters

No abstract provided.

Through The Wild Cathedral Evening: Barrier, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …

Simplify You, Classify You: Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin

Articles & Chapters

In this paper I consider the question of the extent to which sanism and pretextuality - the factors that contaminate all of mental disability law - do or do not equally contaminate the special education process, and the decision to label certain children as learning disabled. The thesis of this paper is that the process of labeling of children with intellectual disabilities implicates at least five conflicts and clusters of policy issues:

* The need to insure that all children receive adequate education

* The need to insure that the cure is not worse than the illness (that is, that …

Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons withDisabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us to …

Foreword, Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change, Faith Stevelman

Articles & Chapters

No abstract provided.

Terrorism’S Toll On Civil Liberties, Nadine Strossen

Articles & Chapters

No abstract provided.

Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker

Articles & Chapters

This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.

From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …

A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson

Articles & Chapters

No abstract provided.

Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …

Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …

Sublime Jurisprudence: On The Ethical Education Of The Legal Imagination In Our Time Symposium: Recalling Vico's Lament: The Role Of Prudence And Rhetoric In Law And Legal Education, Richard K. Sherwin

Articles & Chapters

No abstract provided.

Teacher Perceptions Regarding The Use And Effectiveness Of The Phonics Dance With Kindergarten Through Grade Three Students, Angela Longmire

Urbana University Master’s Theses

No abstract provided.

Classification Of Chemical Reactions: Stages Of Expertise, Marilyne Stains, Vicente Talanquer

Department of Chemistry: Faculty Publications

In this study we explore the strategies that undergraduate and graduate chemistry students use when engaged in classification tasks involving symbolic and microscopic (particulate) representations of different chemical reactions. We were specifically interested in characterizing the basic features to which students pay attention when classifying chemical reactions at the symbolic and microscopic levels. We identified the categories that students create when classifying chemical reactions, and compared the performance in simple classification tasks of students with different levels of preparation in the discipline. Our results suggest that advanced levels of expertise in chemical classification do not necessarily evolve in a linear …

A Comparison Of The Portrayal Of Evil In Fairy Tales And Contemporary Fantasy Fiction, Donna Gwinnup

Graduate Research Papers

Writing and publishing literature for children and young adults has become a rhizomorphic entity. There are thousands of books published each year. When you compare that to the little over two hundred stories Perrault and the Grimm brothers recorded you can see how the market has substantially grown. With the use of literature as a teaching tool it is imperative we keep a close watch on trends. This study was designed to look at the changes from fairy tales to contemporary fiction in order to ascertain what changes have taken place in three particular areas: has the gender of the …

Gender Trajectories Of Adolescent Depressed Mood: The Dynamic Role Of Stressors And Resources, Christina D. Falci

Department of Sociology: Faculty Publications

This research examines how gender variation in the trajectory of stressors and resources during high school shapes gender variation in the trajectory of depressed mood. Boys have steeper gains in depressed mood than girls during high school. Adolescents with increasing levels of school or work strain and declining levels of parental support or mastery were more likely to have an increasing trajectory of depressed mood; the effect of chronic work was stronger for boys than girls. Steeper declines in parental support and gains in work strain among boys relative to girls explain boy’s faster rate of increase in depressed mood …

Competition Between The Conditioned Rewarding Effects Of Cocaine And Novelty, Carmela M. Reichel, Rick A. Bevins

Department of Psychology: Faculty Publications

Access to novelty might provide an alternative learning history that competes with conditioned drug reward. We tested this suggestion in rats using a place conditioning procedure with cocaine and novelty. In Experiment 1, rats were conditioned with cocaine to prefer one side of an apparatus. In a subsequent phase, cocaine exposure continued; however, on the unpaired side, separate group of rats had access to novel objects, cocaine injections, or saline with no objects. Pairings with novel objects or cocaine shifted a preference away from the cocaine-paired environment during drug-free and drug-challenge tests. Experiment 2 tested novelty’s impact when cocaine exposure …