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2010

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Negative Intrusive Thoughts And Dissociation As Risk Factors For Self-Harm., Helen Batey, Jon May, Jackie Andrade Jan 2010

Negative Intrusive Thoughts And Dissociation As Risk Factors For Self-Harm., Helen Batey, Jon May, Jackie Andrade

School of Psychology

Relationships between self-harm and vulnerability factors were studied in a general population of 432 participants, of whom 30% reported some experience of self-harm. This group scored higher on dissociation and childhood trauma, had lower self-worth, and reported more negative intrusive thoughts. Among the non-harming group, 10% scored similarly to the self-harmers on the dissociation and self-worth scales, and engaged in potentially maladaptive behaviors that are not defined as indicating clinical self-harm, but experienced fewer negative intrusive thoughts. This group may be at risk of future self-harm if they begin to experience negative intrusive thoughts. If negative intrusive thoughts are playing …


Cyber-Bullying: The Irish Experience, M O’Moore, Sj Minton Jan 2010

Cyber-Bullying: The Irish Experience, M O’Moore, Sj Minton

School of Psychology

No abstract provided.


Cognitive Distortions As Social Practices: An Examination Of Cognitive Distortions In Sex Offender Treatment Froma Discursive Psychology Perpective, Tc Auburn Jan 2010

Cognitive Distortions As Social Practices: An Examination Of Cognitive Distortions In Sex Offender Treatment Froma Discursive Psychology Perpective, Tc Auburn

School of Psychology

This article presents a critique of the concept of cognitive distortion as it has been developed within the domain of sex-offender treatment programme theory and practice. Drawing upon a discursive psychology perspective, it is argued that cognitive distortions should not be considered as mental entities but as social practices. This argument is illustrated by closely examining how offenders’ accounts of their offences during sex offender treatment sessions were organised. Recordings and transcriptions of treatment group sessions were analysed for the occurrence of regular patterns of talk and interaction. This analysis focused on how minimisation was achieved through well documented rhetorical …


When Not Thinking Leads To Being And Doing: Stereotype Suppression And The Self, Na Wyer, G Mazzoni, Tj Perfect, G Calvini, Hl Neilens Jan 2010

When Not Thinking Leads To Being And Doing: Stereotype Suppression And The Self, Na Wyer, G Mazzoni, Tj Perfect, G Calvini, Hl Neilens

School of Psychology

Suppressing stereotypes often results in more stereotype use, an effect attributed to heightened stereotype activation. The authors report two experiments examining the consequences of suppression on two self-relevant outcomes: the active self-concept and overt behavior. Participants who suppressed stereotypes incorporated stereotypic traits into their self-concepts and demonstrated stereotype-congruent behavior compared to those who were exposed to the same stereotypes but did not suppress them. These findings address issues emerging from current theories of suppression, priming, and the active self.


“She Was Our Mother” New Mexico’S Change Of National Sovereignty And Juan Bautista Vigil Y Alarid, The Last Mexican Governor Of New Mexico., Samuel E. Sisneros Jan 2010

“She Was Our Mother” New Mexico’S Change Of National Sovereignty And Juan Bautista Vigil Y Alarid, The Last Mexican Governor Of New Mexico., Samuel E. Sisneros

University Libraries & Learning Sciences Faculty and Staff Publications

This chapter from the 400th anniversary of Santa Fe anthology book All Trails Lead to Santa Fe discusses the little known history of the last New Mexican governor during the Mexican Republic’s administration in New Mexico.


Enhancing Collaborative Problem Solving In Distance Education Courses Using Web-Based Concept Mapping, Ludmila Ortegano-Layne, Charlotte Nirmalani Gunawardena, Carrie Main Jan 2010

Enhancing Collaborative Problem Solving In Distance Education Courses Using Web-Based Concept Mapping, Ludmila Ortegano-Layne, Charlotte Nirmalani Gunawardena, Carrie Main

University Libraries & Learning Sciences Faculty and Staff Publications

The purpose of this study is to investigate the use of web-based concept maps as a communications and problem-solving tool in an online graduate level course. The study used an exploratory-descriptive research design that applied a qualitative methods approach in order to explore how concept maps foster collaborative problem-solving activities in an online learning environment. Three of the five groups participating in the study effectively used concept mapping, which they combined with other communication strategies such as eliciting group suggestions, asking questions, and brainstorming ideas, to reach consensus and solve the CBR project required. These results indicate that concept maps …


Predictors Of Learner Satisfaction And Transfer Of Learning In A Corporate Online Education Program, Charlotte Nirmalani Gunawardena, Jennifer Linder-Vanberschot, Deborah Lapointe, Lalita Rao Jan 2010

Predictors Of Learner Satisfaction And Transfer Of Learning In A Corporate Online Education Program, Charlotte Nirmalani Gunawardena, Jennifer Linder-Vanberschot, Deborah Lapointe, Lalita Rao

University Libraries & Learning Sciences Faculty and Staff Publications

This study explores factors that predict learner satisfaction and transfer of learning in an online educational program at a multinational corporation, established to improve organizational learning through providing training in technical skills. A mixed-methods design was employed, selecting both quantitative methods utilizing survey research and qualitative methods employing open-ended questionnaire items, face-to-face and phone interviews, gathering the perspective of students, instructors, and instructional designers. The online courses were designed using a problem-centered and case-based approach to learning, and utilized technologies including Learning Management Systems such as Blackboard, Sharepoint, as well as instructional design tools such as Breeze, Captivate and PowerPoint. …


Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman Jan 2010

Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman

Nevada Law Journal

Today, breastfeeding, human breast milk, and its substitute, infant formula, are commodities. "Mothers' milk" is marketed both literally and figuratively, as a good for sale, a normative behavior, and a cure for much of what ails twenty-first century America. Like previous exploitations of women's bodies, including their eggs and uteruses, the idea that human milk is a valuable good that can be given away, traded in a market, or subjected to scientific experimentation raises fundamental moral and legal questions. This Article examines the marketing of breastfeeding, the emerging markets in human milk, and the growing market in infant formula through …


Essay: Inside Guantanamo, Peter Jan Honigsberg Jan 2010

Essay: Inside Guantanamo, Peter Jan Honigsberg

Nevada Law Journal

In May 2007 I visited Guantanamo Bay, Cuba. What I saw and experienced then are fading away and will soon disappear, now that two-thirds of the nearly 800 detainees have been released and President Obama will close the detention centers within the year. Consequently, this essay provides a historical account of one person's media visit to Guantanamo, when it was a fully-operational prison violating human rights, due process and international law.

The essay describes not only the visit but also the application process - a bizarre experience. The military's application concluded with two quotes from the New Testament and included …


The Politics Of Supplementing Failure Under No Child Left Behind: How Both Left And Right Are Forcing Low-Income Children To Choose Between A Deficient Education And Working Overtime, Monica Teixeira De Sousa Jan 2010

The Politics Of Supplementing Failure Under No Child Left Behind: How Both Left And Right Are Forcing Low-Income Children To Choose Between A Deficient Education And Working Overtime, Monica Teixeira De Sousa

Nevada Law Journal

This Article analyzes NCLB's Supplemental Educational Services provision and exposes its shortcomings. Part I introduces the voluntary overtime work approach of SES and highlights its flaws and limitations. Research reveals that the voluntary overtime work model is designed for the exceptional student and does not provide meaningful opportunities to the majority of students in under-performing schools. Part II presents the legal and political context in which policymakers created SES and shows how they failed to assess realistically the many challenges facing students today. In particular, the legislative history reveals that ideology--a blend of free-market and “pull yourself up by your …


Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin Jan 2010

Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin

Nevada Law Journal

This article focuses on one particularly common problem: Sometimes people who understand the Core Concerns System, know how to use it, and intend to employ it in a particular negotiation, either fail to do so or fail to do so skillfully; when they review the negotiation, they regret not having used the Core Concerns System, and believe that using it would have produced a better process and outcome. When this occurs, it often results from deficits or faults in the negotiator's awareness.

It follows that a negotiator can enhance his ability to employ the Core Concerns System through improving his …


Using Mindfulness Practice To Work With Emotions, Deborah Calloway Jan 2010

Using Mindfulness Practice To Work With Emotions, Deborah Calloway

Nevada Law Journal

The most important point to understand is that working with and understanding our own emotional reactions is an essential prerequisite to working skillfully with emotionally charged individuals in disputes. Training in “mediation techniques” designed to help us recognize and work with emotions in the mediation and negotiation context will not work unless we have practiced working with our own emotions consistently in our ordinary lives. Otherwise, in the heat of the moment during a negotiation or mediation, we are likely to forget every technique we have learned. Habitual patterns of behavior simply take hold.

This article seeks to provide some …


Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman Jan 2010

Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman

Nevada Law Journal

This article suggests that both parts of Leonard Riskin's latest article and parts of the argument on “core concerns” by Roger Fisher and Dan Shapiro may, with certain individuals in certain circumstances, not work. Indeed, focusing on core concerns may even produce less functional emotions and therefore decrease the chances of an optimal outcome. This article addresses the limitations inherent within the core concerns approach and suggests “external mindfulness” as a complementary skill to check when core concerns help and when other tools, including both internal and external mindfulness, may help as well as--or better than--the core concerns approach. We …


What Does It Mean To Do The Right Thing?, Ran Kuttner Jan 2010

What Does It Mean To Do The Right Thing?, Ran Kuttner

Nevada Law Journal

This Article will explore how the practice of mindfulness and the cultivation of wisdom as understood in the Buddhist philosophy can help develop a mindset that will assist lawyers and conflict resolution specialists to make conscious ethical decisions and to do the “right thing” in different situations. It will draw a distinction between the two central terms, “mindfulness” and “wisdom,” clarify the philosophical underpinnings of “wisdom,” introduce foundational concepts in Buddhist philosophy, and suggest that in order to cultivate the aforementioned mindset, it is important to go beyond “mindfulness” and meet the challenges that the cultivation of “wisdom” pose. Part …


From Signal To Semantic: Uncovering The Emotional Dimension Of Negotiation, Daniel L. Shapiro Jan 2010

From Signal To Semantic: Uncovering The Emotional Dimension Of Negotiation, Daniel L. Shapiro

Nevada Law Journal

The author co-created the Core Concerns Framework as a pragmatic model to help people address the emotional dimension of negotiation. Dealing directly with the variety of emotions that arise in a negotiation can overwhelm our cognitive capacity, especially in a high-stakes context, where there are multiple layers of communication, processes, and substantive issues. The framework suggests that negotiators turn their attention to a subset of motives--what the authors call core concerns--to illuminate and navigate the emotional dimension of negotiation.

In the Nevada Law Journal symposium on mindfulness and the core concerns, Professor Clark Freshman calls into question how “core” the …


Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman Jan 2010

Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman

Nevada Law Journal

This essay celebrates Leonard Riskin's call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. I discuss recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. The Article also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, the author examines what Riskin has, in an earlier work, described as the ethical hard case in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although …


The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich Jan 2010

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Nevada Law Journal

There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure of critical …


Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig Jan 2010

Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig

Nevada Law Journal

The purpose of the reflections that follow is to highlight the meaning and importance of the hermeneutic shift produced by the work of Gadamer, to consider some of his themes and categories, and to extend the meaning of this hermeneutic rationality to the legal field in terms of a new conception of interpretation. A second objective is to catch sight of new theoretical perspectives, having as a starting point the unfolding of practical philosophy into hermeneutic philosophy carried out by Gadamer. This article aims at recuperating, among other things, the fundamental hermeneutic problem, so as to obtain a glimpse into …


The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho Jan 2010

The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho

Nevada Law Journal

The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the “repersonalization of private law.” This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First, continental private law is the classical field to discuss the subject of rights. Second, the focus of private law remains the concept of the person, opening an important space to recover the moral philosophy in law. Third, the repersonalization of private law demonstrates the necessity …


Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais Jan 2010

Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais

Nevada Law Journal

When we think about the concept of human rights—including all the possible ways of its realization, and considering the complementarities and also the unity of different dimensions of the concept—we confront several difficult questions. In particular, in an age when constitutions and constitutional doctrine have already incorporated a substantive body of human rights law, we must address how some of the constitutional promises regarding individual rights have not been fulfilled. Additionally, we must consider how rights that foster solidarity in the economic, social, and cultural spheres have not been recognized.

This article operates on two levels. On one level, we …


Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor Jan 2010

Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor

Nevada Law Journal

It is a common metaphor that the text is a window onto the world that it depicts. I want to explore this metaphor and the insights it may offer us for better understanding legal interpretation. As in the opening epigraph from James Boyd White, I shall develop the metaphor of the text as window in three ways: the text may be transparent, opaque, or translucent. My goal will be to argue that the best way to understand legal interpretation is to conceive of the legal text as translucent, but along the way I will compare the merits also of considering …


As Time Goes By: Hermeneutics And Originalism, John T. Valauri Jan 2010

As Time Goes By: Hermeneutics And Originalism, John T. Valauri

Nevada Law Journal

What is the continuing relevance of hermeneutics to legal theory in general and to constitutional theory in particular if we are all originalists now? Both seem to be vital despite the decline of interest in hermeneutics recently. This article argues for the continuing relevance of hermeneutics to both fields because of the centrality of issues of application and practical reasoning in both. Law seeks for find the meaning of texts applied over time; legal texts are truly letters of transit. That we are all originalists, yet still have the same sort of interpretive debates we have always had, only indicates …


The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis Jan 2010

The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis

Nevada Law Journal

In June 2008, France’s highest administrative court upheld a decision to deny citizenship to a Muslim woman because, essentially, she was ‘not French enough.’ This decision incited both praise and outrage in the international human rights arena regarding considerations such as the right to freedom of religion, gender equality, and citizenship.

This Note examines relevant French domestic law and international human rights instruments, and argues that while immigration and naturalization decisions remain an exercise of broad sovereign powers, the emerging human rights norm to be free from discrimination should apply in naturalization proceedings. Furthermore, despite judicial deference and flexibility to …