Digital Commons Network^™

Human Dignity And American Employment Law, David C. Yamada

University of Richmond Law Review

No abstract provided.

Live Performance, Copyright, And The Future Of The Music Business, Mark F. Schultz

University of Richmond Law Review

No abstract provided.

Hearts And Minds And Laws: Legal Compliance And Diplomatic Persuasion, Christopher J. Borgen

Faculty Publications

This Essay considers the role of international legal argument in the war on terror and, in particular, in the attempts to justify the use of military force. Part I looks at challenges posed by the evolution of military conflict and how this affects diplomacy. In particular, I argue that a reputation for honoring one's treaty commitments and for legality, more generally, is an important part of fostering cooperation and undercutting the support of our adversaries. Part II focuses on how the Bush Administration moved between hostility to international law and attempts to rewrite the rules of international law concerning the …

The Jelly Beaner Challenge: How Attorneys Serving As Neutrals Identify And Coordinate The Ethical Mandates Of The 2009 Rules Of Professional Conduct With The Ethical Mandates Of Dispute Resolution, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Many of us may remember as children trying to master the coordination game Jelly Beaner, a joust in which the player is challenged to pat his or her head up and down with one hand while simultaneously rubbing his or her belly in a circular pattern with the other hand. Competing movements, but with practice even those less coordinated can master how to synchronize their hands and play the game. So, too, those of us who are lawyers serving as neutrals are now engaging in a variant of the Jelly Beaner Challenge when it comes to discerning ethical behavior. …

Who Says "I Do"? Reviewing Judith Butler & Gayatri Chakravorty Spivak, Who Sings The Nation-State? Language, Politics, Belonging (2007), Noa Ben-Asher

Faculty Publications

This Book Review offers an analogy between two forms of resistance to legal discrimination by marginalized minorities: singing the national anthem in Spanish on the streets of Los Angeles in the spring of 2006 by undocumented immigrants, and possible future public marriage ceremonies by LGBT people and other marriage outlaws. Based on the conceptual grounds laid by Judith Butler and Gayatri Spivak, and earlier by Hannah Arendt, the Review uses an analogy to the public singing of the anthem in Spanish in order to argue that the performance of public marriage ceremonies by LGBT people and other marriage outlaws may …

From Vision To Learning: Effectiveness Measures Of Christian School Boards, Ryan G. Zonnefeld

Faculty Work Comprehensive List

This exploratory study investigated the effectiveness of Christian School boards, as perceived by its members, and examined patterns and characteristics that describe internal board activities. The study employed a quantitative survey research design that revealed areas of strength and areas of growth for Christian School board operations. Board effectiveness was measured in accordance with Smoley's (1999) Model for Effective School Boards.

The research focused on four questions: (a) What are the background characteristics of Christian School board members? (b) What patterns exist in the Christian School board effectiveness ratings of school board members, presidents, and school administrators? (c) Are there …

Instructional Approaches In Middle-Level Reading Programs: A State-Wide Profile Of Focus And Support, Francine Falk-Ross

Mid-Western Educational Researcher

A survey of assessment and instructional approaches to literacy education in middle schools was distributed to coordinators of reading programs in schools state-wide in Illinois to determine the alignment between existing schools’ literacy program organization and new directions mandated by researchers for instruction for young adolescents. This exploratory study used questions and statements on time commitments, focused reading approaches, forms of assessment and evaluation of reading achievement, mentoring of struggling readers, and the types of extracurricular reading opportunities for middle-level students. Results indicated unbalanced emphases in literacy development. Implications for teacher education and school reorganization are discussed.

The Teacher Work Sample: Candidate And Mentor Perceptions, David Bell, Maureen Spelman, Holly Mackley, Liang Zhao

Mid-Western Educational Researcher

Elementary education faculty at this university embedded a Teacher Work Sample (TWS) performance-based assessment into the student teaching experience to assess candidates’ ability to impact student learning as required by recent accreditation reforms. The authors conducted an internal evaluation of the TWS for the purposes of strengthening not only the capstone experience, but also all of the courses and field experiences that precede student teaching. This study examines quantitative and qualitative data gathered via surveys and follow-up semi-structured interviews with candidates and mentors. The results of the study indicate that while both candidates and mentors perceive the TWS as a …

Front Matter, Savilla Banister, Julia Matuga, Tim Murnen

Mid-Western Educational Researcher

Front Matter

Applied Use Of A Health Communications Model To Generate Interest In Learning, Jennifer Rebecca Banas

Mid-Western Educational Researcher

Educators are regularly challenged to design instruction that motivates learners. If interest is lacking, the challenge can be even greater. Tailoring is a message design technique that could help to stimulate interest and consequently, motivation to learn. Effective tailoring requires the formal assessment of learner characteristics and the integration of those characteristics into a given message. Knowing which elements to tailor, however, should not be left to guesswork. This article describes how a health communications framework guided the design and development of three tailored lesson introductions. A step-by-step description of the framework, how it was used, and the resulting product …

Index Of Articles: 2008-2009, Savilla Banister, Julia Matuga, Tim Murnen

Mid-Western Educational Researcher

Index of Articles

Index Of Authors: 2008–2009, Savilla Banister, Julia Matuga, Tim Murnen

Mid-Western Educational Researcher

Index of Authors

Our Experience: The Voices Of Instructors Teaching A Course On Families, Azure Dee Smiley

Mid-Western Educational Researcher

Preparing "highly qualified" special educators that can effectively partner with the parents of students with disabilities is proving to be a daunting task, though widely acknowledged as essential in special education. This descriptive study examines the experience of instructors co-teaching a special education course focused on family-professional partnerships. The qualitative data shared focuses on the experiences of the university instructors. Findings illustrate instructor’s views of teaching a families course, thoughts on delivery methods, as well as perceptions of the impact of such a course on the conceptual change of teachers in regards to families of students with special needs. Implications …

A Survey Of School Counselor Attitudes Regarding Animal-Assisted Interventions, Sara Morrow

Master's Theses and Capstones

Though animal-assisted interventions (AAI) have been used in many institutional settings, there is little evidence of AAI use in public schools. This study examined attitudes of school counselors regarding the incorporation of AAI into their practice.

The Pet Attitude Scale Modified (PAS-M) was used to measure attitudes towards animals and was incorporated into an online survey containing items addressing knowledge, interest, and perception of benefits and challenges associated with AAI. A sample of 220 public school counselors completed the online survey. Most considered themselves knowledgeable about AAI (73%), approximately half were interested in using AAI (56%), "reducing stress and anxiety" …

A Comparative Study Of The Dominant Character Strengths Of Mental Health And Business Graduate Students, Erika M. Mulhearn

Master's Theses and Capstones

This exploratory study used the Brief Strengths Survey self-report instrument (Peterson & Park, 2008), based on the Values in Action (VIA) Inventory of Strengths (Seligman & Peterson, 2004), to determine the dominant character strengths of graduate mental health and social work students ( n = 56) as compared to those of MBA students (n = 65) in order to explore the relationship between personality characteristics and career choice. A gender analysis was conducted in order to determine whether dominant character strengths were also related to gender rather than discipline alone. Mental health students had higher scores on the strengths of …

Masthead, Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Discretion To Follow The Law: The Collision Of Ohio's Nursing Home Bill Of Rights With Ohio's Political Subdivision Tort Liability Act, Peter Traska Elk & Elk Co., Ltd., Katherine Knouff

Journal of Law and Health

The Ohio Political Subdivision Tort Liability Act confers general immunity on political subdivisions. Therefore, government owned homes seek to avoid liability by raising the defenses provided by the Ohio Political Subdivision Tort Liability Act, despite the resident's rights under the Nursing Home Bill of Rights. The result is that residents of government owned nursing homes have inferior remedies for the tortious acts of a county home's employees. The disparate treatment meted out to residents of county owned homes opens the Political Subdivision Act to another challenge: equal protection. The law formerly recognized that government actors taking part in the marketplace …

Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington

Journal of Law and Health

This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …

Reverse Pre-Empting The Federal Arbitration Act: Alleviating The Arbitration Crisis In Nursing Homes, Jana Pavlic

Journal of Law and Health

In Casarotto, the Supreme Court enunciated that Montana's notice requirement conflicted with the "goals and policies of the FAA." The inequities associated with the process of pre-dispute arbitration agreements in nursing homes, however, confirm that the FAA's "goals and policies"' conflict with "accepted principles of contract law"' in this context. Long standing principles of contract law that predate the FAA, as well as basic human morality, should supersede the interests of efficiency and convenience purportedly served by the general enforceability of the statute. State case law as well as attempted state legislation already evince an underlying public policy to protect …

The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini

Journal of Law and Health

Medically impaired individuals such as George, as well as disaster victims, mentally handicapped persons, homeless persons, and foster children, will be adversely affected by the new citizenship documentation requirements imposed upon the states by the Act. States will also be adversely affected by the increased administrative costs of implementing the Act's requirements. This note asserts that aspects of the citizenship verification requirements treat citizen applicants worse than immigrant applicants, which violates the Due Process Clause of the Fifth Amendment. Amendments should be made to the United States Code and the Code of Federal Regulations to ease the burden on individuals …

Sektor Kunci Dalam Perekonomian Kabupaten Sanggau: Analisis Input-Output, Eddy Suratman, Thomas Tony Irawan

Jurnal Ekonomi dan Pembangunan Indonesia

This research is aimed to investigate the key sectors in the economy of Sanggau District. This research is descriptive and is using input-output analysis to find out the multiplier of economic sectors. In addition we also investigate the linkage among economic sectors, which are measured by backward and forward linkage indexes. The finding of this research shows that there are two sectors being the key namely the processing industry and transportation and communication sectors with backward and forward linkage indexes above the average level of the other sectors. Agriculture were found to be the sector with the biggest employment absorption. …

Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram

Publications

The past several years have witnessed a significant increase in the volume of state and local laws related to immigration, many of them attempting to increase law enforcement efforts, and deny residency, public benefits, and employment to undocumented immigrants. Ostensibly erected for resource-guarding reasons, these sub-national regulations act as legally constructed walls, closing off local communities to migrants. Proponents of such measures also contend that sub-national closure-especially in the shadow of lax national border control-is critical to cultural stability and preservation. This Article maintains that resource-guarding rationales are proxies for culture-based exclusion. As such, this Article argues that policymakers at …

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

The Triumph Of Confucianism: How A Subjugated Legal System Is Failing A Generation Of Chinese Women And Girls, Yufan Stephanie Wang

Cardozo Journal of Equal Rights & Social Justice

The note examines the resurgence of Confucianism in China's legal system, arguing that it undermines gender equality and fails to protect the rights of women and girls despite economic reforms. It highlights how traditional Confucian values, emphasizing morality and social hierarchy, have persisted and influenced laws, leading to the subjugation of women in both legal and societal contexts.

2009-2010 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2009-2010 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee

Articles

No abstract provided.

The Meaning And Personal Significance Of The Small Group Experience For A Group Of Recent Graduates From The Bachelor Of Counselling Degree At The University Of Notre Dame Australia, Martin Philpott

Theses

This research is a phenomenological study investigating the meaning and personal significance of the small group experience (personal growth) for a single cohort of eight mature-age graduates (male and female) who completed the Bachelor of Counselling degree at The University of Notre Dame Australia in the years 2005 and 2006. Two facilitators of these personal growth groups were interviewed, as were two agency supervisors who had access to these graduates during their clinical practice.

The research used qualitative methods in the collection of data. A semi-structured interview was conducted with purposefully selected participants to determine their understanding of the significance …

A Proposed Restriction On The First Amendment: Protecting Children From Internet Pedophiles, Jennifer L. Pass

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger

Cardozo Arts & Entertainment Law Journal

No abstract provided.