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Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Publications

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Cuison Villazor

Publications

No abstract provided.

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Faculty Publications

No abstract provided.

Universal De Novo Review, Chad M. Oldfather

Faculty Publications

This article takes up the question of why appellate courts always review questions of law pursuant to the de novo standard of review. Put another way, it examines the familiar idea that appellate courts owe no deference to the legal rulings of trial judges. They must instead engage in what I refer to as universal de novo review - a practice pursuant to which appellate courts faced with legal questions always enjoy the authority to engage in plenary review, and never have the responsibility (or even the option) to defer to their trial-level counterparts. Despite - or perhaps because of …

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …

Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis

Journal Articles

The article discusses the inclusion of the free exercise of religion among a society's constitutional guarantees in the U.S. It cites Christopher Eisgruber and Lawrence Sager, authors of the book "Religious Freedom and the Constitution," who hold that religion does not deserve constitutional mention on account of any special value. It disputes this view and states that religion does deserve constitutional mention and that the constitution should protect a citizen's right to practice his or her religion.

Ethnic Lesbian Identity Development: A Focus On African American And Latino Women, Alexandria Quinones

Masters Theses

The purpose of this qualitative study was to investigate if there were differences in the developmental progression of a lesbian identity for ethnic women, specifically African American and Latino women, from that of majority lesbian women. Selected societal, familial and personal beliefs were examined to discover their influences on the women's development of a lesbian identity. Responses from ten women indicated there was a variation during their progression towards a lesbian identity in relation to the previous stage models based on majority homosexual individuals. Future recommendations for practitioners and researchers included considering environmental influences for expanding research models examining lesbian …

The Evolution Of A Big Idea: Why Don’T We Know Anything About Africa?, Michael James Meyer

Journal of Inquiry and Action in Education

This article is about my experiences as a ninth grade history teacher trying to implement a “big idea” unit on ancient African history. My experiences as a first year teacher and also my experience in seeing this unit develop over three years are chronicled. I conclude that implementing a big idea strategy of instruction is possible in a “real” classroom, that this implementation is more of a journey than a destination, and that big ideas do help students to learn.

Human Relations: Assessing The Affect Of Cultural Awareness Curriculum On Preservice Teachers, Seth D. Olson, Kristine M. Reed Ph.D., Amy Schweinle

Journal of Inquiry and Action in Education

Human relations training is intended to prepare teachers to be more culturally sensitive to an increasingly diverse population. There is a growing trend in teacher education to train preservice teachers more effectively to meet the demands of multicultural society. However, limited research is available to guide the future design of human relations training courses. This research was conducted to address the gap in the literature, by investigating the effectiveness of human relations training course on preservice teachers. Results indicated that the course made a significant difference on improving knowledge and skills categories for participants, but there was no significant improvement …

Crossing Into Uncharted Territory: Developing Thoughtful, Ethical School Administrators, Jeanne L. Surface

Journal of Inquiry and Action in Education

In this distrustful, unstable, and ethically polarized era, there is a need to prepare school administrators to resolve a myriad of moral dilemmas. As professors of school administration, how can we make sure that our future leaders have the capacity to make thoughtful, ethical decisions? How do we prepare these leaders to develop, foster and lead tolerant and democratic schools? What follows is a small action research project aimed at elevating moral and ethical wherewithal among graduate students studying school administration. Ninety-Six percent of the students indicated that learning through dialogue or Socratic questioning, deepened their understanding of the topic. …

Some Advice About Ignoring Advice About Collaborations, Michael L. Perlin

Other Publications

No abstract provided.

Post Bellum Aspects Of The Laws Of Armed Conflict, Jeremy Waldron

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Response To Rambachan's "The Advaita Worldview" And Thatamanil's "The Immanent Divine", Michelle Voss Roberts

Journal of Hindu-Christian Studies

In light of postcolonial and feminist criticism, it has become good form for scholars to "locate themselves" with regard to their subject matter by laying out their values and presuppositions to the extent possible. Because supposedly "objective" or "neutral" scholarship often reflects hegemonic interests, this practice ideally brings self-awareness about the discourses we carry into the hermeneutical process. Postcolonial discourse since Edward Said's Orientalism (1978) instructs that if Western academics are to continue representing the so-called East, they must at least acknowledge the dominance of Western and Christian presuppositions in this scholarly tradition.

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 …

Documenting Gender, Dean Spade

Faculty Articles

This article analyzes gender reclassification policies, which determine when an administrative agency will record a change to an individual's gender marker. It’s analysis takes place in three policy contexts: placement in gender-segregated facilities, changing gender marker on IDs, state provision of healthcare that prohibit gender discrimination on the record for those seeking care. It looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification. The article also asks whether the assumed usefulness of gender for identity tracking in the variety of state programs reviewed is well-founded, and it …

Formation Feedback Control Of Uav Flight, Stephen Stegall

Doctoral Dissertations and Master's Theses

This thesis is a study of formation control with autonomous unmanned aerial vehicles using the formation as feedback. There is also an investigation of formation methods presenting insight into different algorithms for formations. A rigid formation is achieved using a proportional-derivative virtual structure with a formation feedback controller. There is an emphasis on stick controlled aerodynamics. The rigid formation is verified by a simulation of a longitudinal model. Formation control ideas are presented for rigid formations.

The Anatomy Of A Production: The Analysis Of The Directorial Journey Mounting "Steel Magnolias" For The Stage, Aradhana Tiwar

Electronic Theses and Dissertations

This study is based on the Vine Theater Company's production of "Steel Magnolias" performed in March of 2007 at the Garden Theater in Winter Park Florida, directed by Aradhana Tiwari. This document examines the directorial journey from vision to the stage. Specifically it will explore a.) The dynamics of the production process from a directorial lens. b.) Interpreting Harling's text for design and performance c.) The development of an artistic aesthetic through collaboration. In May of 2007, I mounted a production of "Steel Magnolias" for the Orlando International Fringe Festival. The show was performed in the Universal, a thrust space …

Updating The Classics: An Actor's Approach To Portraying Dickensian Characters In A Modern Script, Desiree Bacala

Electronic Theses and Dissertations

The focus of this thesis is my performance in the play The Trial of Ebenezer Scrooge by Mark Brown. I will research and perform the role of The Ghost of Christmas Past, a role which also plays the parts of Fan and Belle from Charles Dickens's A Christmas Carol. I shall perform in The Trial of Ebenezer Scrooge at the Orlando Shakespeare Theatre, in Partnership with UCF in December 2008 as a part of their 2008-2009 Signature Series season. The main focus of this thesis is the exploration of how to create a performance of a classical character for a …

Cultivating Strong Citizens Through Public Education: Greek And Roman Methodology As A Pedagogical Approach In Public Education, Krystina Sarff

Electronic Theses and Dissertations

The ancient Greeks were a group of people who valued intelligence and athleticism above all other human traits; because of their focus, their society became one of the most revered and advanced civilizations in all of history. They were able to significantly influence the Roman Empire's philosophers, rhetoric, and education system. In order for the United States wants to match the Greeks' paramount feats, citizens have to become more learned and fit. The future intellectual development of the United States is at risk of halting progress as a nation if action is not taken. Quintilian's educational philosophies stimulate students' brainpower, …

Understanding The Antecedents And Consequences Of Sales And Use Tax Policy: Evidence From Three Studies, Amy Hageman

Electronic Theses and Dissertations

This dissertation consists of three separate but interrelated studies examining the antecedents and consequences of sales and use tax (SUT) policy. The first study investigates whether elements of the SUT system influence elements of economic development, and tests whether SUT rates and/or bases influence state-aggregated levels of capital expenditures and employment within the manufacturing sector from 1983-2006. Results indicate that elements of the tax base (i.e., SUT exemptions) affect these indicators of economic development, but the same relationship was not seen for SUT rates. The second study examines individual taxpayer compliance across different tax settings (i.e., the state use tax …

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Security Studies & International Affairs - Daytona Beach

"This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info."--from the article

2009-2010 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2009-2010 graduate catalog for Morehead State University.

A Gasoline Demand Model For The United States Light Vehicle Fleet, Diana Rey

Electronic Theses and Dissertations

The United States is the world's largest oil consumer demanding about twenty five percent of the total world oil production. Whenever there are difficulties to supply the increasing quantities of oil demanded by the market, the price of oil escalates leading to what is known as oil price spikes or oil price shocks. The last oil price shock which was the longest sustained oil price run up in history, began its course in year 2004, and ended in 2008. This last oil price shock initiated recognizable changes in transportation dynamics: transit operators realized that commuters switched to transit as a …

In Step With Our Parents: 3-Part Educational Series, Kate Boisen-Macdonald

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this project is to educate adult children caring for their parents, so they can identify as caregivers so they can better cope with, identify with, and/or navigate the role of care giving, and be aware of the resources available to them.

Pilot Test Of A Quality Rating And Improvement System In Early Education Programs In Magadan, Russian Federation And In Minnesota, United States Of America, Vera Grigoryevna Kashin

All Graduate Theses, Dissertations, and Other Capstone Projects

This study examined two questions: (1) What quality rating and improvement System (QRIS) will be useful for improving early childhood education programs in Magadan Region, RU and in Minnesota, USA? and (2) What is the agreement among raters in the US and in Russia, using scores on a QRIS for early childhood education programs in Magadan Region, RU and in Minnesota, USA? The study included translation of the Global Guidelines Assessment (GGA) (ACEI, 2008) into Russian. One quality review was completed for one early education program in each country. Completed reviews by eleven reviewers were delivered to Minnesota State University, …

Factors Influencing Effectiveness Of Interorganizational Networks Among Crisis Management Organizations: A Comparative Perspective, Bahadir Sahin

Electronic Theses and Dissertations

Crisis management has become one of the most important public policy areas in recent decades with greater numbers of manmade and natural disasters. History showed that well-implemented crisis management policies can save lives and reduce costs in a disaster. Literature offered various suggestions for more effective crisis management policies with different techniques utilizing different theoretical frameworks. Informal relationships among crisis management employees were suggested to have a positive impact on crisis management effectiveness. Yet it was not demonstrated with advanced statistical tools if there is such a relationship. This study considers crisis management effort as a network effort and employs …

Internet Retailers And Intertype Competition: How The Supreme Court's Incomplete Analysis In Leegin V. Psks Leaves Lower Courts Improperly Equipped To Consider Modern Resale Price Maintenance Agreements, Daniel B. Nixa

Vanderbilt Journal of Entertainment & Technology Law

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the U.S. Supreme Court held that resale price maintenance (RPM) agreements are to be judged under the rule of reason. An RPM agreement is an agreement between a manufacturer and retailers stipulating that retailers will charge a certain price for the manufacturer's products. This Note argues that the Supreme Court should have instructed lower courts to consider intertype competition in addition to interbrand and intrabrand competition when evaluating RPM agreements under the rule of reason. Two reasons lead to this conclusion. First, the Internet has invigorated intertype competition and has made …

The 2008 Federal Obscenity Conviction Of Paul Little And What It Reveals About Obscenity Law And Prosecutions, Robert D. Richards, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article provides an inside perspective on the 2008 obscenity trial and conviction of veteran adult movie producer Paul Little, who is known in the adult industry as Max Hardcore. Little was sentenced by a federal judge to nearly four years in prison after a twelve-person jury in Tampa, Florida found him guilty of multiple counts of selling and distributing obscene content via the U.S. Mail and Internet.

The Article centers around comments and remarks drawn from four exclusive interviews conducted in person by the authors with: (1)Jeffrey Douglas, the California-based attorney who represented and defended Paul Little in United …

The Magic Circle, Joshua A.T. Fairfield

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …

The Experience Of The Female Volunteer Student Advocate: A Phenomenological Study Of University Of Montana Student Assault Resource Center Advocates, Kerry S. Maier

Graduate Student Theses, Dissertations, & Professional Papers

This qualitative research explores how volunteering as an advocate at the Student Assault Resource Center (SARC) at The University of Montana, impacts the lives of the student advocates. Unstructured interviews with six SARC advocates were analyzed through the process of phenomenological reduction providing essential descriptions of the experience in the participants' natural language.

Analysis indicated the importance of adequate training, formation of trust among the advocates, and the need for playfulness in the midst of challenging and difficult work. Results further revealed that the participants experience self-care as an important and necessary part of advocate training and of their daily …