Digital Commons Network^™

The Rite Of Rhetoric: Cognitive Framing In Technology Law, Chris Riley

Nevada Law Journal

This Article examines the use of cognitive framing techniques in litigation in technology law. I offer a model to understand and evaluate the strength of a “framing argument”—consisting of a legal argument, a frame, and a connection between the two—and I identify and analyze framing arguments in four recent technology law cases. I contend that framing arguments play a major role in these cases because technology law is particularly susceptible to them. Ambiguities in the statutes and precedents and ambiguities in the technologies create room for judgments of equity to shape the law. Furthermore, genuine doubt concerning the correct social …

Poetic To Platonic AlēTheia Orality, Literacy, And The Development Of Truth In Greek Poetry And Philosophy, Justin B. Cecil

Institute for the Humanities Theses

In recent years many scholars have dedicated much research to the development of the Orality Problem. In its most general form, the Orality Problem is grounded in the following two questions: 1) is there a difference between spoken and written language and 2) if there is a difference between these two forms of communication what exactly is this difference and how does it operate. Research into these questions has two major sources to draw upon: cross-cultural research between literate and non-literate cultures and textual analysis of written oral records from ancient Greece. According to the mounting research, many scholars now …

Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke

Law and Contemporary Problems

Mnookin and Verbeke describe the nonviolent but very serious conflict in Belgium between the Flemish (Dutch) of the North and the Walloons (French) of the South. The Flemish economy is more prosperous than the Walloon economy, and the Flemish constitute a majority of the Belgian population. Nevertheless, the Walloons enjoy a financial subsidy from the Flemish and share equally in the political power of the nation due to antimajoritarian restrictions built into the government structure. Even though significant and persistent, this conflict remains nonviolent due to several factors, including largely separate geography, language and social structure; a low-stakes conflict; relatively …

Governing Pluralistic Societies, Tom Tyler

Law and Contemporary Problems

Societies can be held together in many ways. Historically, many groups were linked by a common history, common ethnicity, and common religious and social values. These societies shared a unified set of norms dictating right and wrong. Other groups have been held together by charismatic leaders who present a unifying vision, but modern pluralistic society, uniquely, accepts a diversity of views about what is appropriate and reasonable, which makes these forms of authority difficult to enact. The form of authority emerging in western democratic states has been, instead, authority based upon the processes of government: people recognize democratic procedures as …

Memoir Of Sister Cecilia O'Conway: Sisters Of Charity Of St. Joseph's, Betty Ann Mcneil D.C.

Vincentian Studies

Cecilia O’Conway was the first candidate for the Sisters of Charity. Her chronology of the community’s history is one of the earliest such sources we have. It covers the time period from 1805 to 1815, with entries missing for 1811, 1813, and 1814. Background on O’Conway is given, some of which comes from Elizabeth Seton’s letters; O’Conway’s extensive role in the community is also described. Her memoir is supplemented with clarifications and other information from written accounts by Rose White and Margaret George, two other early sisters. O’Conway ultimately left the community for reasons that are recounted, but she retained …

A Human Capital Approach To Reduce Health Disparities, Saundra H. Glover, Sudha Xirasagar, Yunho Jeon, Keith T. Elder, Crystal N. Piper, Harris Pastides

Faculty Publications

Objective: To introduce a human capital approach to reduce health disparities in South Carolina by increasing the number and quality of trained minority professionals in public health practice and research.

Methods: The conceptual basis and elements of Project EXPORT in South Carolina are described. Project EXPORT is a community based participatory research (CBPR) translational project designed to build human capital in public health practice and research. This project involves Claflin University (CU), a Historically Black College University (HBCU) and the African American community of Orangeburg, South Carolina to reduce health disparities, utilizing resources from the University of South Carolina (USC), …

Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Daniel J. Gervais, Elizabeth F. Judge

Vanderbilt Law School Faculty Publications

Originality is a central theme in the efforts to understand human evolution, thinking, innovation, and creativity. Artists strive to be "original," however the term is understood by each of them. It is also one of the major concepts in copyright law. This paper considers the evolution of the notion of originality since 2002 (when one of the coauthors published an article entitled Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law) and continues the analysis, in particular whether the notion of "creative choices," which seems to have substantial normative heft in several jurisdictions, is optimal …

Emotional Common Sense As Constitutional Law, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional experiences as "self-evident." That such observations could drive critical legal determinations was, apparently, even more self-evident, as it received no mention at all. Far from being sui generis, Carhart reflects a previously unidentified norm permeating constitutional jurisprudence: reliance on what this Article coins "emotional common sense." Emotional common sense is what one unreflectively thinks she knows about the emotions. A species of common sense, it seems obvious and universal to …

Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs

Faculty Publications

In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes …

Retroactive Immunity: A Legislative Faux Pas?, Scott Draper

Brigham Young University Prelaw Review

No abstract provided.

The Cat's Meow: Ulysses, Animals, And The Veterinary Gaze, David P. Rando

English Faculty Research

This essay argues that Joyce's representational techniques seek to intervene in the rationalized mode of apprehending animal bodies—here called the veterinary gaze—in order to deconstruct its authority and the barriers it maintains between humans and animals. Joyce's intervention, however, is necessarily a modest one. This is because the extraordinary language acts by which Ulysses would redefine the representation of humans and animals simultaneously reinforce the linguistic basis that maintains the barriers. At the same time, Ulysses evokes a sadness that to some extent redraws the human/animal divide, but this sadness is less an effect of language than it is of …

Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.

The Significance Of Music Education In The Primary Curriculum, Mina Won

Independent Study Project (ISP) Collection

I arrived in Ireland with very little knowledge of what the ‘Transformation of Political and Social Conflict’ semester would entail. As music major, I had to be prepared to study and learn about particular subjects that were completely foreign to my normal area of concentration. During my experiences throughout Ireland, however, I was surprisingly able to soak up even more of my two passions in life: music and children. After one afternoon with children from the Foundation Project, I realized how my two areas of interest are universal and that studying about music and children is never-ending. I recognized that …

Dublin’S Forgotten: The Transition From ‘Separated Children’ To ‘Aged-Out Minors’ Through Policy, Media, And Organizational Support., Meghan Jaird

Independent Study Project (ISP) Collection

Introduction (excerpt) Over the last fifteen years, Ireland has undergone massive change: political, economic, social, and technological. During the Celtic Tiger that began in the mid 1990s, Ireland has been transformed from one of the poorest countries in Western Europe to one of the wealthiest. Resulting from this economic success and, concurrently with the expansion of the European Union, there has been a significant increase in Ireland’s migrant population. Due to the recent attraction of Ireland’s prosperity and progression, many from outside of Ireland have immigrated with hopes to reap economic and social benefits. Others are forced to migrate due …

The Role Of The Local Community In Integrated Conservation With Development Projects: A Case Study Of The Phu My Lepironia Conservation Project, Marion Boulicault

Independent Study Project (ISP) Collection

Recognizing the connection between local communities and conservation areas, Integrated Conservation with Development Projects (ICDPs) are being developed across the world to simultaneously address conservation and local development goals. Through a case study of the Phu My Lepironia Conservation Project (an ICDP) in Kien Giang Province, Vietnam, this study aimed to examine the nature of the role of the local community in ICDPs, the factors affecting this role and the impact this role is having on the conservation project. Participant observation and open-ended interview techniques were used to achieve this aim.

The study found that, despite the goal of the …

Mental Health In Mali: An Analysis Of The Expression Of Major Depressive Disorder Across Different Cultures, Ashley Morris

Independent Study Project (ISP) Collection

Introduction (excerpt) What other differences exist between illnesses across different cultures? Are the differences only found in the manifestation of symptoms or are there also biological differences? How does one conceptualize mental health issues, such as depression, here in Mali? Is there a stigma against mental health patients in Mali? What facilities, treatments, and medicines are available in Mali to treat mental disorder? After a little more background research I found that the topic of mental health in the developing world has been largely ignored until very recently. As cross-cultural studies in every academic discipline become increasingly more prevalent, anthropology …

Judging The Judges, Frank B. Cross, Stefanie Lindquist

Duke Law Journal

The evaluation of judges, especially circuit court judges, has commanded increased attention, with the quantitative analyses of Stephen Choi and Mitu Gulati. However, the proper dimensions for the evaluation of judges remains much disputed. Critics have challenged Choi & Gulati's scales for measuring judicial quality but have offered little that is positive that would improve measurement. The critics make philosophical challenges to whether the measures truly capture the qualities of judging we should desire, but they offer no measurement tools to improve on Choi and Gulati. We hope to advance the theoretical and empirical evaluation by incorporating different scales for …

The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear

Duke Law Journal

Debates about statutory interpretation-and especially about the role of the canons of construction and legislative history-are generally framed in one-size-fits-all terms. Yet federal judges-including most Supreme Court Justices-have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the first in-depth examination of interpretive approaches taken in two distinct subject areas over an extended period of time. Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008. The authors conclude that the Justices tend to rely on legislative …

It Didn’T Start With Proposition 187: One Hundred And Fifty Years Of Nativist Legislation In California, Glen Gendzel

Faculty Publications, History

The writer surveys California's long history of nativist legislation. In doing so, he demonstrates that three recent Californian ballot initiatives—Proposition 187, a 1994 ballot that denied public services such as education and nonemergency medical care to so-called illegal aliens, Proposition 209, which banned affirmative action in the public sector, and Proposition 227, which banned bilingual education in public schools—were not just a spasmodic backlash against recent demographic trends but were the culmination of a century-and-a-half of nativist politics in California. He shows that, from the beginning of statehood, anti-immigrant laws aimed at Latin-Americans and Asian-Americans have received broad support from …

Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt', Barbara Shapiro

Cardozo Journal of International and Comparative Law

The article explores the historical evolution of the "beyond reasonable doubt" standard in Anglo-American law, tracing its roots to earlier concepts such as "satisfied conscience" and "moral certainty." These ideas, influenced by Christian casuistry and Enlightenment thought, were integral to the development of legal evidence standards. The standard became a cornerstone of criminal jurisprudence, reflecting a shift from religious to secular language while maintaining a high threshold for conviction.

Aku Newsletter : Spring 2009, Volume 10, Issue 1, Aga Khan University

The Aga Khan University Newsletters

No abstract provided.

Determining Future Success Of College Students, Paul Oehrlein

Undergraduate Economic Review

Many people invest a lot of money in order to go to college with the hope that they will eventually be rewarded with higher salaries. This paper attempts to determine what aspects of college are most important in determining the future income of students. In particular, this paper studies whether GPA is an important determinant of income as well as whether some majors are better investments than others after controlling for other factors. In addition, the effect of math and verbal ability on income and how they interact with different fields of study are examined. The data comes from the …

A Pilot Study To Explore The Use Of Expressive Writing To Reduce Anxiety And Psychological Threat In An Academic Setting, Cynthia Delores Jenkins

Counseling & Human Services Theses & Dissertations

The purpose of this study was to investigate if the use of Pennebaker's short-term expressive writing intervention would have a positive effect on the academic performance of a group of third semester underperforming freshmen. This is a relatively brief and simple intervention pioneered by J. W. Pennebaker (1997) who conducted numerous studies using the procedure. Most of the research has involved having subjects write about traumatic, stressful or emotional events for 15–20 minutes (the maximum) over 3–5 days. In contrast, the studies by Wilson (2006) and Cohen et al (2006) used self-affirmations for writing. For this study self-affirmation directions were …

The Role Of Language And Politics: A Look At National-Identity Formation In Eastern Ukraine, Andrew Maxwell

Master's Theses - Politics and Government

One of the most important questions a newly-independent country must answer concerns the essence of its people as a collective nation. The policies advocated for, the laws created, and the fundamentals of the legal and political system of the young nation-state will largely be determined by the values, beliefs, culture, and identity of the people within the state. As a result, the study of the present or emerging national identity in a young sovereign state can be important for understanding the policy decisions and political direction the state is moving in. In this paper I will analyze the emerging national …

Community Health Advisors' Perceptions Of The 2005 Dietary Guidelines And Mypyramid, Jamie Zoellner, Wendy Bounds, Carol Connell

Journal of Extension

This article describes knowledge and perception of the 2005 Dietary Guidelines for Americans (DG) and MyPyramid from 106 Community Health Advisors (CHAs) representing underserved, hard-to-reach communities in Alabama and Mississippi. Only 16 (15%) were able to correctly identify the MyPyramid graphic and DG knowledge scores were low. However, most respondents strongly agreed they would like to know more about the DG (86%) and more should be done in their community to raise awareness (81%). The Internet was the least preferred method to communicate DG. More intense efforts and appropriate communication channels are needed to promote the DG and MyPyramid.

Explaining Ethnic Peace: The Importance Of Institutions, Rebecca Tong

Res Publica - Journal of Undergraduate Research

This paper examines the cause of ethnic peace, and subsequently, the cause of ethnic violence. Varying arguments have been used to explain ethnic violence: primordialism, instrumentalism, and constructivism. The question central to this study is how master narratives, scarce resources, and democratic institutions have influenced the occurrence of ethnic violence. Small n comparison is used to analyze two pairs of sub-Saharan African nations in order to control for other explanatory variables: (1) Cote d’Ivoire and Ghana, and (2) Kenya and Tanzania. In each pair, one nation is relatively peaceful and the other violent. Drawing from ethnographic research papers, and news …

Determining Future Success Of College Students, Paul Oehrlein

The Park Place Economist

No abstract provided.

Dit’S Dynamic Speech Corpus, Dermot Campbell, Ciaran Mcdonnell, Marty Meinardi, Charles Pritchard, Bunny Richardson, Yi Wang

Conference papers

Given the current focus of language learning on learner autonomy, the Technological University Dublin is using its FLUENT project (commencement date 7/1/’08) to produce a Dynamic Speech Corpus, which will be a valuable resource for learners, teachers, authors and researchers. The resultant database will afford access to a unique audio resource based on unscripted dialogues between friends, characterized by industry-standard audio quality (for analysis purposes) and a high degree of naturalness. By means of search string and/or tags such as speaker intention, users will be able to find samples of native-to-native speech (various L1 varieties) on a chosen topic, particularly …

Mexican American Identities And Histories In Children’S Picture Storybooks: Thinking Critically, Thinking Diversely, Scott A. Beck

Georgia Educational Researcher

Each year increasing numbers of Mexican-heritage students are served by teachers with little knowledge of the history and diversity of the Mexican American community. This article introduces teachers to Mexican American history and diversity while taking a useful and critical look at children’s picture storybooks regarding Mexican-heritage peoples in the U.S. Ideas in the article regarding how to select, compare and contrast these picture books in the classroom will allow teachers to learn about their Mexican-heritage students, counter prejudices and stereotypes, and more effectively reach out to build academic and personal connections with these students.

Second Annual Graduate Student Research Symposium [Program], 2009, University Of Northern Iowa

Annual Graduate Student Symposium Programs

Schedule and Table of Contents
--Welcome Letter from Dr. Sue Joseph
--Creative Performances
--Keynote Address
--Poster Presentations
--Acknowledgements & Notes