Digital Commons Network^™

An Introduction To Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Foundations For A Revival Of The Case Method In Civil Law Education, Fernando M. Toller

Journal of Civil Law Studies

The article explores the origins, foundations, and present development of the case method in the Civil Law tradition. It supports the idea that, properly defined, this methodology is very suitable for law, and not only in Common Law jurisdictions, but also the Civil Law and is even more appropriate in Continental law schools. There are indeed some undisputable common roots between Common Law and Civil Law regarding this pedagogical tool.

The misunderstandings and skepticism about the usability of this method in Civil Law education are challenged and answered. The article proves that the case method is a serious and useful …

Complete V.3

Journal of Civil Law Studies

No abstract provided.

Community Responses To Tourism And Crime, P Brunt, N Hooton

Plymouth Business School

Tourism is known to bring about positive and negative changes to destinations. This paper explores how tourism business owners’ lives and residents within the tourism area of an English seaside resort respond in their behaviour as a consequence of tourism-related crime and their fear of such crimes. Through a mixture of primary and secondary data analysis it is clear that crime in the case study area increases during the tourism season. The results suggested that these are changes in behaviour made by parking in different locations; socialising differently; bypassing specific streets at night; and carrying out additional security checks in …

Collecting Stories Oral History And Community Engagement In Urban Redevelopment, Ryann Wolf

Theses & ETDs

This thesis examines the ways that oral history can be used as a tool for both planning professionals and community members in urban redevlopment. Oral histories can allow planners, architects, and developers to see how people use urban spaces in their daily lives. Second, oral histories are useful in that they can help to build a sense of identity that is situated in place and the history of a place. Learning the history of the place where one lives can help to build a sense of pride and involvement in the process of redevelopment. The first section of the thesis …

Traditional Place And Feminist Space The Japanese Tea Ceremony Makes Room For Empowerment, Morgan Boecher

Theses & ETDs

This thesis examines the tradition of the Japanese tea ceremony as a place for feminist empowerment. I use participant observation and interviews in order to show how this feminine practice can enable women to build their own projects as agents. Tokyo and Kawaguchi, Japan are important sites for the creation and reproduction of traditional and contemporary meaning. The tea ceremony practices of those cities exist within a globalized landscape that adopts binary interpretations that contrast East from West, traditional from modern, and feminine from masculine. This thesis investigates how women doing tea ceremony within this matrix become agents defining their …

Oral Language Milestone Acquisition In Children Adopted From China, Hannah Harwood

Master's Theses and Capstones

This study contains language milestone acquisition information for 14 children adopted from China between 8 and 12 months of age. A retrospective questionnaire was utilized to gain information regarding the specific ages at which these adoptees demonstrated an understanding of English along with the ages where they demonstrated proficient usage of English. Parent responses indicated that these adoptees developed English language milestones comparable to their monolingual peers, for both age of acquisition and order of acquisition. This research adds to the literature on what may be expected regarding language development in children adopted from China prior to one year of …

The Colonizing Impulse Of Postcolonial Theory, John C. Hawley

English

What some see as the ongoing collapse of English as a discrete discipline has been hastened along by postcolonial studies, but many have argued that this deconstruction has been true from the start, that literary studies in general "has speculated continually about the intellectual foundations within which its key questions are framed and which make it possible, and how things might be otherwise" (Moran 46). Robert Miklitsch for example, suggests that "literature . . . was once implicitly interdisciplinary, encompassing, as Hazlitt indicates, science as well as philosophy" (Miklitsch et al. 258). Nonetheless, writes David Glover, "whatever criteria one uses …

Journal In Entirety

The Asbury Journal

TABLE OF CONTENTS

Editorial

Terry C. Muck

Our Personal Core Identity: A Wesleyan Perspective

Jim Boetcher

Identity Formation for Conciliatory Existence: How We Perceive the Other

Chris Kiesling and Lalsangkima Pachuau

An Aboriginal Missiology of Identity Reclamation: Towards Revitalization for Canada's Indigenous Peoples through Healing of Identity

Wendy Peterson

Racial and Ethnic Identity: Social Scientific and Biblical Perspectives in Dialogue

Ruth Anne Reese and Steven Ybarrvla

Marriage and Ministry: Conjugal and Occupational Conflicts in Wesley's Life and Ministry

Tony Headley

Book Notes

Kenneth Collins

Book Reviews

Frances Adenry

Gwinyai Muzorewa

Laurence W. Wood

A Review Essay: "Coming To Terms With Perfection", Kenneth M. Loyer

The Asbury Journal

Perfection: Coming to Terms with Being Human
Michael J. Hyde
2010. Waco: Baylor University Press

Wesley, Aquinas, and Christian Perfection: An Ecumenical Dialogue
Edgardo A. Colin-Emetic
2009. Waco: Baylor University Press

Individuals And Community, Discipline Building And Disciplinary Values: The First Twenty-Five Years Of The Legal Writing Institute, Chris Rideout

Faculty Articles

In this article Professor Rideout is the speaker at the Luncheon Speech during the Symposium “The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship”. Professor Rideout examines what the faculty and community in legal writing has been doing in the last twenty-five years that renders legal writing a discipline. Professor Rideout explains that in their work in legal writing, along with creating a community, faculty are also creating a discipline—one that has its own practices and that has its own embedded epistemologies, ideologies, and values. The underlying values constitute the legal writing community as a discipline—of legal writing—one …

Zakat: Drawing Insights For Legal Theory And Economic Policy From Islamic Jurisprudence, Russell Powell

Faculty Articles

The rapid development of complex income taxation and welfare systems in the 20th century may give the impression that progressive wealth redistribution systems are uniquely modern. However, religious systems provided similar mechanisms for addressing economic injustice and poverty alleviation centuries earlier. Zakat is the obligation of almsgiving and is the third pillar of Islam - a requirement for all believers. In the early development of the Islamic community, zakat was collected as a tax by the state and the funds were distributed to a defined set of needy groups. As a theoretical matter, there are three insights that make zakat …

The Study Of Secularism And Religion In The Constitution And Contemporary Politics Of Turkey: The Rise Of Interdisciplinarity And The Decline Of Methodology?, Russell Powell

Faculty Articles

Using the experience of Islamist parties in Turkey as a comparative example, this article explores whether political parties with deeply held religious ideologies can integrate themselves into liberal democracies, paying particular attention to the nature and role of legal secularism (the mechanism states use to insulate themselves from religious influence). This is an extension of the query whether the rise of illiberal political groups eventually leads to the end of liberal society. These queries engage the assumption that illiberal religious ideology is incapable of tolerating dissent or pluralism. This article examines Turkish constitutional secularism as well as the “Islamist” Justice …

Tensions In A Nepali Telecenter: An Ethnographic Look At Progress Using Activity Theory, Jeffrey Chih-Yih Lee

Theses and Dissertations

Developing countries such as Nepal struggle to keep up technologically. While advances make it possible for average Nepalis to access mobile phones, computers, and digital cameras, barriers impede access. As with other governments (Huerta & Rodrigo, 2007; Mokhtarian & Meenakshisun, 2002), Nepal responded in 2004 with telecenters to push sustainable technology. Most telecenters still struggle to accomplish their purpose (M. K. Bhattarai, personal communication, June 29, 2009). Developing countries struggle to meet communities' technological demands (Colle & Raul, 2003). Issues other than technology limit telecenters from fully providing services and meeting the needs of the local community. These issues, which …

Cultural Diversity In The Expression And Experience Of Positive Well-Being Among Homeless Men Enrolled In A Residential Treatment Facility, Pernilla Anne Nathan

Theses and Dissertations

What is happiness? What creates or leads to the experience of happiness? Questions like these are fundamental in understanding human functioning in terms of strengths, psychological resiliency, positive emotions, and well-being. However, many question whether current definitions of well-being are shaped by Western Euro-centric perspectives of happiness, negating "other" patterns of well-being (Ryff, Keyes, & Hughes, 2003). Well-being has been considered a critical component in understanding optimal functioning (Ryan & Deci, 2001). However, relatively little qualitative research has been conducted examining how well-being is expressed and experienced in the context of life adversity and racial/ethnic minority status. The purpose of …

Mobile Working Students: A Delicate Balance Of College, Family, And Work, Mary Ziskin, Vasti Torres, Don Hossler, Jacob P. K. Gross

Books and Book Chapters by University of Dayton Faculty

Increasingly, education policymakers are turning attention to the access and persistence of the new college majority,-a group that may be described as mobile working students (Ewell, Schild, & Paulson, 2003). Traditionally, much research on college students has focused on students who graduate from high school and move on to attend a four-year college on a full-time basis, graduating in four to six years. However, as Adelman (2006) and others show, even among traditional-age college students this pattern of linear enrollment is less and less common. Thus, as Kasworm (chapter 2) also argues, metaphors such as the education pipeline no longer …

The Use Of Tooth Pit And Tooth/Jaw Measurements To Identify Carnivore Taxa Responsible For Damage On Scavenged Bone, Jennifer L. Foust

Graduate Student Theses, Dissertations, & Professional Papers

Forensic anthropologists are often asked to analyze and interpret human remains that have been modified or damaged by predators and/or scavengers (White 2000; James et al. 2005; Dupras et al. 2006). The goal of this study is to determine whether it is possible to distinguish carnivore tooth mark characteristics from other carnivore tooth mark characteristics through two separate analyses: first by examination of tooth pitting and second from carnivore tooth and jaw measurements. This is accomplished by visual analysis and measurements of tooth pits left on faunal bones processed by an experimental wolf group as well as carnivore tooth and …

Beginner's Mind: Teaching From A Position Of Not Knowing, Tara Lynn Sullivan

Graduate Student Theses, Dissertations, & Professional Papers

Most students believe that their teachers are experts in all aspects of the field they teach in. In April of 2009 my drama students asked me to teach Commedia dell’Arte during the upcoming school year. I did have a strong knowledge of the subject but I decided to approach the project with a beginner’s mind and take a risk teaching a form of theatre I knew little about. Over the course of the school year, my students and I learned together. We researched the history, movement, and production elements of Commedia dell’Arte. The end result was a Commedia inspired performance …

"The Coming Man From Canton": Chinese Experience In Montana (1862-1943), Christopher William Merritt

Graduate Student Theses, Dissertations, & Professional Papers

The Chinese immigrants who came to Montana during the 19th and 20th centuries forged a new community. The goals of this dissertation were to create a historical and archaeological context for Chinese Experience in Montana, and to frame the interpretation of these results within a social organization framework that highlights the role of Overseas Chinese voluntary organizations such as secret societies. Archaeologists and historians have studied the Chinese in Montana for a little over two decades, though nothing comprehensive has ever been attempted to sew together the various investigations. In addition, there has been no attempt to inventory all the …

Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare: A Rhetorical Analysis, Tawia Ansah

Case Western Reserve Journal of International Law

No abstract provided.

Carl Schmitt And The Critique Of Lawfare, David Luban

Case Western Reserve Journal of International Law

No abstract provided.

Towards A Jurisprudence Of Hybridity, Paul Schiff Gedicks

Utah Law Review

Debates about non-state normative communities often devolve into clashes between two polarized positions. On the one hand, we see the desire to eradicate difference through forced obeisance to a single overarching state norm. On the other, we see claims of complete autonomy for non-state lawmaking, as if such non-state communities could plausibly exist in isolation from the communities that both surround and intersect them.

The Ncaa And Religion: Insights About Non-State Governance From Sunday Play And End Zone Celebrations, Kevin J. Worthen

Utah Law Review

One way of addressing the subject of religion and non-state governance is to consider the many questions that arise when religious groups perform the governance role. The primary focus would be on the degree to which religious entities do—and should be allowed to—govern the conduct of their members. Corollary questions would address such things as the ease (both legally and practically) with which members of the group may exit the religion; the extent to which noncompulsory or nontraditional governmental enforcement tools, such as persuasion and shaming, are effective; and the kinds of norms and enforcement tools that traditional state government …

A Qualitative Study Of The Nascent Entrepreneurial Process Of An Immigrant Within An Irish Context Of A Cross-Cultural Adaptation, Lucia Walsh

Doctoral

This thesis intersects the theoretical fields of nascent entrepreneurship and cross-cultural adaptation. The key research question that guides this research is: What is the nascent entrepreneurial journey of an immigrant within an Irish context of cross cultural adaptation? The study explores the notion that the nascent entrepreneurial and cross-cultural adaptation journeys of immigrants in this study are intertwined and dynamically interact with each other.

Despite much academic interest in nascent entrepreneurship, there is a lack of qualitative studies that focus on understanding the nascent entrepreneurial process of immigrants on a longitudinal basis. Additionally, the immigrant/ethnic specific entrepreneurship theories frequently overlook …

Waging Word Wars: A Discourse Analysis Of The Patterns Of Norse Masculinity Presented Through Mannjafnaor In The Icelandic Sagas, Jonathan Mark Broussard

LSU Master's Theses

The mannjafnaðr is a verbal dueling competition containing boasts and insults through which Norse men compare their achievements and exploits against those of other men in bids to prove themselves more honorable in the eyes of the Norse community. This thesis examines the structure, content, and themes of the mannjafnaðr presented in the Morkinskinna, Magnussona, Brennu-Njals, and the Orvar-Oddr sagas as manifestations of the Norse conception of masculinity. My analysis reveals that these encounters are highly structured and provide interactants opportunities to evaluate adherence to culturally dictated strictures of honor – their own and their opponents’. Through a complex discourse …

Appropriation, Subversion, And Restoration In Felipe Guaman Poma De Ayala's El Primer Nueva Corónica Y Buen Gobierno, Joshua Clay Everett

LSU Master's Theses

Felipe Guaman Poma de Ayala finished his chronicle, El primer nueva corónica y buen gobierno, in 1615 for King Felipe III as a handbook for improving the Spanish colonial system, although it was not published until 1936 when it was rediscovered in Copenhagen. Despite the fact that the king did not publish it, the manuscript serves as an important part of colonial-period indigenous literature. In his chronicle, Felipe Guaman Poma de Ayala effectively creates an image of himself as an acculturated Andean who defends the civil authority of the king of Spain and the religious authority of the Catholic Church. …

The Perception And Production Of Spanish Pure Vowels By Native English Speakers, Lauren Erickson

Honors Program Theses

Quantitatively measuring a person’s fluency in a second language (L2) is difficult, but analysis of formant movements during vowel production may provide a more accurate way of measuring the accuracy of acquiring a native-like production of the L2. This study examined the accuracy with which two groups of native English speakers perceived and produced the Spanish vowel /e/ and diphthong /ei/, and compared their results with the results from a group of native Spanish speakers. For the perception portion of the study, participants were asked to correctly identify matching sounds, and the number and percentage of correct responses were compared …

Fuels Management Policy And Practice In The U.S. Forest Service, Erik K. Hakanson

Graduate Student Theses, Dissertations, & Professional Papers

This dissertation investigates the history and development of wildland fire and fuels management policy in the U.S. Forest Service (USFS) and the implementation of this policy in fuels management project planning at the national forest and ranger district levels. The policy guiding fuels management is broad and ambiguous but may be summarized as: 1) reducing the risks posed by wildland fire and 2) restoring or maintaining ecosystem health and sustainability. Wildland fire management policy is interagency in scope, including input from state governments and is dispersed among a multitude of policy and strategy documents, such as the 1995/2001 Federal Wildland …

From Subsistence To Dependence: The Legacy Of Reclamation And Allotment On Quechan Indian Lands, 1700-1940, Ian Michael Smith

Graduate Student Theses, Dissertations, & Professional Papers

The Quechan Indians of southeastern California’s Fort Yuma Indian Reservation have occupied the fertile floodplain near the confluence of the Colorado and Gila rivers for more than 300 years. Since their southward migration to this area sometime in the seventeenth century, tribal members supported themselves through the adoption of a multifaceted subsistence strategy that incorporated cultivated agriculture, the semi-cultivation of wild plants, and the gathering of wild-grown foods. To support their agricultural endeavors, the Quechans relied on the annual flooding of the Colorado River to provide both irrigation water and naturally fertilizing silt to the river-bottom lands on which they …