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2009

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"Just Trying To Be Human In This Place": Storytelling And Film In The First-Year Law School Classroom, Kate Nace Day, Russell G. Murphy Jan 2009

"Just Trying To Be Human In This Place": Storytelling And Film In The First-Year Law School Classroom, Kate Nace Day, Russell G. Murphy

Suffolk University Law School Faculty Works

In 2007, the latest in a long line of studies and research projects that critically examined American legal education were published. The Carnegie Foundation Report, “Educating Lawyers: Preparation for the Profession of Law”, and the empirical research findings of linguistic anthropologist Elizabeth Mertz, “The Language of Law School: Learning to 'Think Like A Lawyer'”, identified many shortcomings and negative consequences that result from the traditional pedagogy of the American law school classroom. In this Article, Professors Kate Nace Day and Russell G. Murphy explore some of the findings of these studies in the context of their experimentation with the use …


The House That Smokey Built: The Forest Service Management Of Historic Structures In Wilderness, Molly Michelle Ryan Jan 2009

The House That Smokey Built: The Forest Service Management Of Historic Structures In Wilderness, Molly Michelle Ryan

Graduate Student Theses, Dissertations, & Professional Papers

Ryan, Molly M., M.S., 2009 Recreation Management The House That Smokey Built: The Forest Service Management of Historic Structures in Wilderness Committee Chair: Dr. Perry J. Brown Debates about the appropriateness of historic structures being present and preserved in wilderness are not new issues. In some form or another, this topic has surfaced, been debated, then simmered, but never properly addressed or resolved. The purposes of this paper are to identify management gaps within the Forest Service administration regarding the management of historic structures within wilderness areas and to recommend how these gaps can be filled. Data were collected from …


Cognition, Law, Stories, Stephen M. Mcjohn, Lorie Graham Jan 2009

Cognition, Law, Stories, Stephen M. Mcjohn, Lorie Graham

Suffolk University Law School Faculty Works

This essay reviews Steven Pinker, The Stuff of Thought (Penguin 2007), which offers insights from cognitive science just where it overlaps the most with law - how we use basic cognitive categories like intent, space, time, events and causation. The Stuff of Thought might offer insights into a broad range of issues in legal theory. Legal theory could make more use of such cognitive science concepts as chunking, recursion, and the primary qualities of an object. Other topics likewise resonate in thinking about the law: The book suggests that metaphor is an important cognitive tool, but less constraining than might …


Social Values For Attributes At Risk From Wildfire In Northwest Montana, Derek Timothy O'Donnell Jan 2009

Social Values For Attributes At Risk From Wildfire In Northwest Montana, Derek Timothy O'Donnell

Graduate Student Theses, Dissertations, & Professional Papers

Annual fire management and suppression expenditures by the USDA Forest Service have dramatically increased in recent years, and exceeded $1 billion in the fire seasons of 2000, 2002, 2003, 2006, 2007, 2008, and 2009. These escalating management costs can largely be attributed to the Forest Services’ efforts to protect private property in the wildland-urban interface (WUI) at the expense of other market and non-market attributes. Due to increasing development within the WUI, climate change, and excessive fuel loading from decades of successful fire suppression, it is likely that fire suppression costs will continue to rise if current wildfire management priorities …


Sentimental Journey?: The Immigrant Experience Of World War Ii-Era War Brides In Montana, Anna Claire Amundson Jan 2009

Sentimental Journey?: The Immigrant Experience Of World War Ii-Era War Brides In Montana, Anna Claire Amundson

Graduate Student Theses, Dissertations, & Professional Papers

During and after World War II, over one hundred thousand American servicemen married women they met in the course of their deployment overseas. In early 1946, these women, commonly known as “war brides,” began to immigrate to the United States to join their husbands. Over one hundred of the women settled in Montana, in both urban and rural areas of the state. This thesis examines the women’s lives in Europe, Australia, and Asia before their immigration, and the unprecedented nature of their immigration to the United States, which the United States Army both arranged and paid for. Additionally, the thesis …


A Taxonomy Of Rules: Authority, Dangers, And Possibilities, Muriel Rebecca Friedman Jan 2009

A Taxonomy Of Rules: Authority, Dangers, And Possibilities, Muriel Rebecca Friedman

Graduate Student Theses, Dissertations, & Professional Papers

Rules, originally a means toward group solidarity, are the alternative to the need for ongoing physical dominance. Seemingly omnipresent in modern life, rules can be overt or subtle, explicit or tacit, rigidly enforced or overlooked. They may clash with our autonomy. This thesis names and explores different functional types of rules: safety, personal, socio-cultural, legal-religious, and technical. Rules in general are discussed from social and ethical theoretical viewpoints and using ideal type methodology. Understanding that there are different types of rules and the authority behind them makes it easier to determine one’s obligations to follow them, especially with the notion …


Beyond Wilderness: Wildness As A Guiding Ideal, Christopher James Dunn Jan 2009

Beyond Wilderness: Wildness As A Guiding Ideal, Christopher James Dunn

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is largely a response to William Cronon’s essay “The Trouble with Wilderness or Getting Back to the Wrong Nature,” found in The Great New Wilderness Debate. Cronon is himself responding to many things, in large part to Bill McKibben’s The End of Nature and also to the wilderness vision typified by Dave Foreman; thus this thesis is also a response to McKibben and in many respects a defense of Foreman-like thought. Besides Cronon, I consider a wide variety of sources, taking from them in order to build a case for, and to explicate, wildness as a guiding ideal. …


American Indian Artist Angel Decora: Aesthetics, Power, And Transcultural Pedagogy In The Progressive Era, Suzanne Alene Shope Jan 2009

American Indian Artist Angel Decora: Aesthetics, Power, And Transcultural Pedagogy In The Progressive Era, Suzanne Alene Shope

Graduate Student Theses, Dissertations, & Professional Papers

This study looks at Angel DeCora, Winnebago artist and teacher (1871-1918) with regard to her visionary influence as an Indian school art teacher. By exploring interactions among DeCora, policy makers, and American Indians, this chronological study addresses: how DeCora's Indian arts curriculum and aesthetics influenced her American Indian students at Carlisle; how DeCora used elements of her Winnebago culture, the Pan-Indian culture, and the Euro-American viewpoints to serve her purposes as an arts educator and activist; and what her aesthetic motivations were as embodied by her art, curriculum design, and students' work. Educated on the Winnebago Reservation in Nebraska until …


Multivariate Statistical Analysis Of Three Crania Housed At The University Of Montana Physical Anthropology Lab, Bonny Marie Christy Jan 2009

Multivariate Statistical Analysis Of Three Crania Housed At The University Of Montana Physical Anthropology Lab, Bonny Marie Christy

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this research was to attempt to identify the population affinity of three crania (UMFC 103, 104, and 120), housed at the University of Montana Physical Anthropology Lab, using multivariate statistical analyses. A database collected by Dr. Hanihara and another collected by researchers at the University of Michigan were used for comparative purposes. Multiple populations from both databases were chosen so as to be representative of various Asian, African, Indian, and Native American populations. Two variations of each of the databases were used in the following statistical analyses: principal components analysis and discriminant function analysis. It was shown …


About The Contributors, Farms Review Jan 2009

About The Contributors, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.


Editor's Introduction, The Wedding Of Athens And Jerusalem: An Evangelical Perplexity And A Latter-Day Saint Answer, Louis C. Midgley Jan 2009

Editor's Introduction, The Wedding Of Athens And Jerusalem: An Evangelical Perplexity And A Latter-Day Saint Answer, Louis C. Midgley

Review of Books on the Book of Mormon 1989–2011

No abstract provided.


The Influence Of Fallback Foods On Great Ape Tooth Enamel, Paul J. Constantino, Peter W. Lucas, James J.-W. Lee, Brian R. Lawn Jan 2009

The Influence Of Fallback Foods On Great Ape Tooth Enamel, Paul J. Constantino, Peter W. Lucas, James J.-W. Lee, Brian R. Lawn

Biological Sciences Faculty Research

Lucas and colleagues recently proposed a model based on fracture and deformation concepts to describe how mammalian tooth enamel may be adapted to the mechanical demands of diet (Lucas et al.: Bioessays 30[2008] 374-385). Here we review the applicability of that model by examining existing data on the food mechanical properties and enamel morphology of great apes (Pan, Pongo, and Gorilla). Particular attention is paid to whether the consumption of fallback foods is likely to play a key role in influencing great ape enamel morphology. Our results suggest that this is indeed the case. We also consider the implications of …


In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley Jan 2009

In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley

Publications

This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …


Preaching To The Court House And Judging In The Temple, Nathan B. Oman Jan 2009

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Faculty Publications

No abstract provided.


The Granite, 2009, University Of New Hampshire Jan 2009

The Granite, 2009, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-


One Step Forward, Two Giant Steps Back: How The "Existing Indian Family" Exception (Re)Imposes Anglo American Legal Values On American Indian Tribes To The Detriment Of Culltural Autonomy, Suzianne D. Painter-Thorne Jan 2009

One Step Forward, Two Giant Steps Back: How The "Existing Indian Family" Exception (Re)Imposes Anglo American Legal Values On American Indian Tribes To The Detriment Of Culltural Autonomy, Suzianne D. Painter-Thorne

American Indian Law Review

This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted without their input or representation. This article takes the position that law should come from within a culture to ensure that it reflects that culture's values and permits it to flourish in its own way. When law is imposed by outsiders, it becomes a means of colonization, forcing one group …


Felix Cohen, Anti-Semitism And American Indian Law (Review Of Dalia Tsuk Mitchell, Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism), Kevin K. Washburn Jan 2009

Felix Cohen, Anti-Semitism And American Indian Law (Review Of Dalia Tsuk Mitchell, Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism), Kevin K. Washburn

American Indian Law Review

No abstract provided.


Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne Jan 2009

Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne

American Indian Law Review

No abstract provided.


Book Review: "The Perfectability Of Human Nature In Eastern And Western Thought", Bradley Malkovsky Jan 2009

Book Review: "The Perfectability Of Human Nature In Eastern And Western Thought", Bradley Malkovsky

Journal of Hindu-Christian Studies

A review of The Perfectability of Human Nature in Eastern and Western Thought by Harold Coward.


Natural Medicine: Personal Responsibility And Self-Empowerment, Kimber Lopez Jan 2009

Natural Medicine: Personal Responsibility And Self-Empowerment, Kimber Lopez

Pomona Senior Theses

Although most “alternative” medical practices have existed far longer than conventional healthcare, modern allopathic continues to be the dominant system of medicine used in the United States. Herbal medicine is one of the oldest healing practices known to humankind and continues to be practiced today despite the numerous challenges modern society poses. As Julie Stone and Joan Mathews illuminate in Complimentary Medicine and the Law, “Plant-based remedies have been the principal source of medicines in healing traditions around the world and, as the World health Organization is at pains to remind us, 80 percent of the world’s population still depends …


Torah, Tradition, And Trina: Analysis And Development Of Trina In William Finn's Falsettos From A Faith-Based Perspective, Margaret-Ellen Jeffreys Jan 2009

Torah, Tradition, And Trina: Analysis And Development Of Trina In William Finn's Falsettos From A Faith-Based Perspective, Margaret-Ellen Jeffreys

Electronic Theses and Dissertations

When an actor approaches a character, s/he examines many facets of the play-the setting, the time period, the politics surrounding both of the former. S/he also looks into elements of the character-any noted physical attributes in the text, his/her financial and social status, what s/he wants and what obstacles are standing in his/her way. Often the last thing that the actor studies is the character's spiritual and/or religious life. When I was cast as Trina in UCF's production of Falsettos in the winter of 2005, I knew I wanted to approach the character from an oft-neglected area: her faith. Judaism …


Teacher, Leadership, And Curriculum Factors Predictive Of Student Achievement In Indian Education For All, Erin Robin Lipkind Jan 2009

Teacher, Leadership, And Curriculum Factors Predictive Of Student Achievement In Indian Education For All, Erin Robin Lipkind

Graduate Student Theses, Dissertations, & Professional Papers

This study examines the teacher, leader, and curriculum variables predictive of student achievement in Indian Education for All (IEFA). IEFA, a Montana educational mandate based on Montana constitutional law, was first funded in 2005, and little research had previously been conducted on the effectiveness of implementation efforts. While compulsory, implementation had been piecemeal and wrought with misunderstanding, differences in opinion, prejudice, and questions about its legitimacy. The challenges inherent in the implementation of an ambiguous educational reform with no state-adopted curriculum or benchmarks for student achievement have become evident. With the dearth of research, it was not known how well …


Teaching Intercultural Communication Competence In The Healthcare Context, Jelena Stojakovic Jan 2009

Teaching Intercultural Communication Competence In The Healthcare Context, Jelena Stojakovic

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this project was to design a training program focused on intercultural communication competence in the health care industry. While international students make an important link between different cultures, serve as great resource in the exchange of cultures and ideas, and make large contributions to the U.S. economy; international students also pose new challenges for higher education. One of the challenges that came up as a result of the diversification of U.S. campuses has to do with intercultural competence, which is an important quality for anyone who wishes to competently and effectively navigate intercultural interactions. Along these lines, …


Training Characteristics Of Males At The 2008 Ncaa Division I Cross Country Championships, Philip A. Keller Jan 2009

Training Characteristics Of Males At The 2008 Ncaa Division I Cross Country Championships, Philip A. Keller

Graduate Student Theses, Dissertations, & Professional Papers

The focus of previous running research has been on physiological determinates of performance utilizing small sample sizes and short time frames with little regard to previous training methods. PURPOSE: The goal of this research was to describe, compare, and evaluate the relationships between anthropometric, run training, and ancillary training variables during the 2008 season and performance of male finishers at the NCAA Division I cross country championship 10k race. METHODOLOGY: An online survey was created based on previous research and all coaches who had male runners finish the 2008 NCAA championship race were asked to include their athletes in the …


Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer Jan 2009

Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer

Articles & Chapters

No abstract provided.


Intergenerational Wealth Transmission And The Dynamics Of Inequality In Small-Scale Societies, Monique Borgerhoff Mulder, Samuel Bowles, Tom Hertz, Adrian Bell, Jan Beise, Greg Clark, Ila Fazzio, Michael Gurven, Kim Hill, Paul L. Hooper, William Irons, Hillard Kaplan, Donna Leonetti, Bobbi Low, Frank Marlowe, Richard Mcelreath, Suresh Naidu, David Nolan, Patrizio Piraino, Robert Quinlan, Eric Schniter, Rebecca Sear, Mary Shenk, Eric Alden Smith, Christopher Von Reuden, Polly Wiessner Jan 2009

Intergenerational Wealth Transmission And The Dynamics Of Inequality In Small-Scale Societies, Monique Borgerhoff Mulder, Samuel Bowles, Tom Hertz, Adrian Bell, Jan Beise, Greg Clark, Ila Fazzio, Michael Gurven, Kim Hill, Paul L. Hooper, William Irons, Hillard Kaplan, Donna Leonetti, Bobbi Low, Frank Marlowe, Richard Mcelreath, Suresh Naidu, David Nolan, Patrizio Piraino, Robert Quinlan, Eric Schniter, Rebecca Sear, Mary Shenk, Eric Alden Smith, Christopher Von Reuden, Polly Wiessner

Psychology Faculty Articles and Research

Small-scale human societies range from foraging bands with a strong egalitarian ethos to more economically stratified agrarian and pastoral societies. We explain this variation in inequality using a dynamic model in which a population’s long-run steady-state level of inequality depends on the extent to which its most important forms of wealth are transmitted within families across generations. We estimate the degree of intergenerational transmission of three different types of wealth (material, embodied, and relational), as well as the extent of wealth inequality in 21 historical and contemporary populations. We show that intergenerational transmission of wealth and wealth inequality are substantial …


Evidence For Menstrual Cycle Shifts In Women’S Preferences For Masculinity: A Response To Harris (In Press) “Menstrual Cycle And Facial Preferences Reconsidered", Lisa Debruine, Benedict C. Jones, David Frederick, Martie Haselton, Ian S. Penton-Voak, David I. Perrett Jan 2009

Evidence For Menstrual Cycle Shifts In Women’S Preferences For Masculinity: A Response To Harris (In Press) “Menstrual Cycle And Facial Preferences Reconsidered", Lisa Debruine, Benedict C. Jones, David Frederick, Martie Haselton, Ian S. Penton-Voak, David I. Perrett

Psychology Faculty Articles and Research

Over the last decade, a growing literature has shown that women in the fertile phase of the menstrual cycle demonstrate stronger preferences for men with masculine traits than they do when in the non-fertile phases of the cycle (see Gangestad and Thornhill, 2008 and Jones et al., 2008 for recent reviews). In a recent article, Harris (in press; Sex Roles) failed to replicate this increase in women's preferences for masculine faces when women are near ovulation. Harris represented her study as one of only three studies on the topic, and as the largest of the existing studies. There are, however, …


Review Of The Americanization Of Social Science: Intellectuals And Public Responsibility In The Postwar United States. David Paul Haney. Reviewed By Richard K. Caputo., Richard K. Caputo Jan 2009

Review Of The Americanization Of Social Science: Intellectuals And Public Responsibility In The Postwar United States. David Paul Haney. Reviewed By Richard K. Caputo., Richard K. Caputo

The Journal of Sociology & Social Welfare

Book review of David Paul Haney, The Americanization of Social Science: Intellectuals and Public Responsibility in the Postwar United States. Philadelphia, PA: Temple University Press, 2008. $54.50, hardcover, $24.95 papercover.


Educational Travel And Adolescent Development, Ann Saitow Jan 2009

Educational Travel And Adolescent Development, Ann Saitow

Graduate Student Theses, Dissertations, & Professional Papers

Educational travel forms the basis for novel learning experiences that enhance adolescent development by enabling students to make choices about their own survival in an unfamiliar setting. This biological adaptation is driven by stimulation of the midbrain which produces high levels of dopamine, the chemical associated with learning. The elements of educational travel that promote sustained adolescent learning are: clear communication, commitment and action, communal trust and respect, maturity developed through assigned responsibilities and exposure to varied life circumstances, flexibility, and transition back to traditional school environments.


Advance (Fall 2009), Georgia Southern Division Of Continuing And Professional Education Jan 2009

Advance (Fall 2009), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.