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2010

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Pragmatic Indeterminacy, Anthony D'Amato Jan 2010

Pragmatic Indeterminacy, Anthony D'Amato

Faculty Working Papers

If, as a result of taking Indeterminacy seriously, we revolutionize the way we teach law and the way we select judges, then we will also revolutionize the way cases are litigated (because the new judges will expect to hear a different kind of argumentation) and the way people order their lives in anticipation of the way their disputes will be decided by these new judges.


Legal Realism Explains Nothing, Anthony D'Amato Jan 2010

Legal Realism Explains Nothing, Anthony D'Amato

Faculty Working Papers

I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.


Cross-Country Adoption: A Call To Action, Anthony D'Amato Jan 2010

Cross-Country Adoption: A Call To Action, Anthony D'Amato

Faculty Working Papers

Although a free press is an integral part of democratic governance, intercountry adoption is one case in which the media makes it virtually impossible for governments to send children abroad for adoption. A country (State A) which gives up a child for intercountry adoption should receive a "credit" for that child which will entitle any other family within State A that may want to adopt a child to priority on the list at the Vatican. The second major function for the Intercountry Adoption Agency might be called the "annual report" function. All adoptive parents who take a child from the …


The Path Of International Law, Anthony D'Amato Jan 2010

The Path Of International Law, Anthony D'Amato

Faculty Working Papers

Is there a need for yet another student-edited international law journal? Practicing attorneys retrieve relevant articles when working on cases with international law issues, although they may be oblivious to the name of the journal or the prestige of the law school that supports it. For student editors, serving on a new international law journal is not just an intellectual experience; it is an empowering one. The more one looks into custom and treaty and the other sources of international law, the more one finds complexity and intellectual challenge.


Focus, 2010-2011, Office Of Research And Sponsored Programs. Morehead State University. Jan 2010

Focus, 2010-2011, Office Of Research And Sponsored Programs. Morehead State University.

Office of Research and Sponsored Programs Reports and Publications

Focus magazine from Morehead State University for 2010-2011.


Understanding Video Games, Nicholas Cameron Edwards Jan 2010

Understanding Video Games, Nicholas Cameron Edwards

Self-Designed Majors Honors Papers

In this thesis, I attempt to offer an introduction to the medium of video games. I begin with the seemingly simple, but actually quite impossible, task of defining games, drawing upon, but ultimately rejecting, a number of proposed definitions. I then attempt to explain the complicated nature of the medium and its equally complicated relationships to other media in light of Roland Barthes' theory of the Death of the Author, and I conclude that games are fundamentally new and worthwhile. Having made the abstract argument that the medium is capable of producing art, I acknowledge Roger Ebert's point that it …


Volume 16, Number 1: February/March 2010, Suzanne Zack Jan 2010

Volume 16, Number 1: February/March 2010, Suzanne Zack

UConn Libraries Newsletter

Page 2 The University’s Capital Campaign supports the increasingly popular Libraries, according to the Vice Provost for University Libraries.

The new electronic devices available for loan are hot items.

Page 3 Alumni artists Janet Cummings Good ’66 and Peter Good ’65 do a 10 year retrospective of their popular long and literate wall calendar in the Dodd Research Center.

Page 4 Art & Design Librarian Michael Young traveled to the pilgrimage site of Loreto, Italy to research why there are more than 50 copies of the San Loreto's Holy House in the Czech Republic.

Page 5 Professor William H. Foster …


The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher Jan 2010

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Journal of Law and the Public Interest

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …


The Native American Graves Protection And Repatriation Act At Twenty: Reaching The Limits Of Our National Consensus, Steven J. Gunn Jan 2010

The Native American Graves Protection And Repatriation Act At Twenty: Reaching The Limits Of Our National Consensus, Steven J. Gunn

William Mitchell Law Review

No abstract provided.


Educator, Advocate, Fulbright Awardee Headed To South Africa Jan 2010

Educator, Advocate, Fulbright Awardee Headed To South Africa

Madison Magazine

No abstract provided.


Here's Hulu: How Popular Culture Helps Teach The New Generation Of Lawyers, Victoria S. Salzmann Jan 2010

Here's Hulu: How Popular Culture Helps Teach The New Generation Of Lawyers, Victoria S. Salzmann

McGeorge Law Review

No abstract provided.


Challenges And Opportunities Of Importing And Exporting Experiential Education To China, The, Eleanor W. Myers, Jianmin Chen Jan 2010

Challenges And Opportunities Of Importing And Exporting Experiential Education To China, The, Eleanor W. Myers, Jianmin Chen

McGeorge Law Review

No abstract provided.


Extensive Reading In The Classroom, Petulla Domenica Jan 2010

Extensive Reading In The Classroom, Petulla Domenica

MA TESOL Collection

In this paper I explore the advantages and benefits of extensive reading in an ESL classroom. The purpose of my paper is to further my understanding of reading in a second language and to start the process of implementing an extensive reading program for my particular teaching context. In the first half of the paper there is an overview of reading in a second language, the benefits of extensive reading and Louis M. Rosenblatt's aesthetic and efferent reading stances. The last two chapters focus on particular challenges, issues and questions I must resolve before I am able to implement extensive …


Csusb Statistical Factbook (2010), California State University, San Bernardino Jan 2010

Csusb Statistical Factbook (2010), California State University, San Bernardino

CSUSB Statistical Factbook

No abstract provided.


The Unique And Enduring Friendship Of Marjorie Kinnan Rawlings And Marcia Davenport, Karen De Vos Jan 2010

The Unique And Enduring Friendship Of Marjorie Kinnan Rawlings And Marcia Davenport, Karen De Vos

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.


Utilization Of Graphic Organizers In Teaching Mathematics, Ma. Betty P. Decin Jan 2010

Utilization Of Graphic Organizers In Teaching Mathematics, Ma. Betty P. Decin

CNU Journal of Higher Education

This study aimed to determine the effectiveness of graphic organizers in teaching Mathematics to college students of JRMSU during the first semester, school year 2009-2010. Researcher-made tests were used to measure the frequency of graphic organizer use by 43 algebra instructors and the effect on the performance of 339 students. The statistical tools used were mean computations, t-test, and Pearson r Product Moment Correlation Coefficient. There was a significant relationship between instructors’ utilization of graphic organizers and the students’ skills in Mathematics. The use of graphic organizers in other subject areas or departments, and the conduct of more researches both …


Phonological Memory And Broader Language Development: Longitudinal And Etiologic Relations, Robin Leonhardt Peterson Jan 2010

Phonological Memory And Broader Language Development: Longitudinal And Etiologic Relations, Robin Leonhardt Peterson

Electronic Theses and Dissertations

The current research investigated the relationship of phonological memory (PM) to vocabulary and syntax learning in school-age children with and without language disorders. Previous research has established that PM and broad oral language skills covary, but disagreement remains about the reason for this association. Opposing theoretical viewpoints emphasize the importance of either bottom-up (PM influences vocabulary and syntax acquisition) or top-down (vocabulary growth influences PM skill) factors. In three longitudinal studies, we tested competing bottom-up and top-down explanations of the PM-broad language link. Study 1 utilized a structural equation modeling approach to understand PM and broad language relations from age …


Climate Change And Indigenous Peoples In Latin America, Amy C. Rademacher Jan 2010

Climate Change And Indigenous Peoples In Latin America, Amy C. Rademacher

Electronic Theses and Dissertations

This research focused on the detrimental effects of climate change on indigenous peoples in Latin America. Indigenous peoples throughout the region tend to live subsistence livelihoods, which tie them closely to their land and the surrounding environment. This close relationship often means that indigenous peoples acutely experience the effects of climate change and are more susceptible to its negative outcomes than other populations. Further, indigenous peoples in the region lack the mitigation and adaptation capacities to deal with damaging climatic effects.

This research was designed to view the impacts of climate change on indigenous peoples through a human rights framework, …


A Grounded Theoretical Approach To Embodiment Among Homeless Youth, Felicia Washington Sy Jan 2010

A Grounded Theoretical Approach To Embodiment Among Homeless Youth, Felicia Washington Sy

Electronic Theses and Dissertations

Using grounded theory methodology, this research explored, described and theorized about the ways youth, specifically homeless youth; make sense of their bodies within the context of living environments. It describes the relationship between body, space, and context for homeless youth in order to inform treatment options for this population. The importance of context, setting, and participant frame of reference was stressed, because embodiment is contextually and culturally influenced. The research addressed the questions: What is the process of becoming consciously embodied for homeless youth who have experienced multiple traumas? Do homeless youth who have experienced multiple traumas perceive a role …


Pragmatic Language Skills Underlying Social Competence Of Reading Disability In Middle School Students, Ali Adibi Jan 2010

Pragmatic Language Skills Underlying Social Competence Of Reading Disability In Middle School Students, Ali Adibi

Electronic Theses and Dissertations

The purpose of this investigation was to examine pragmatic language engagement and social competence in middle school children with and without reading disability during dyadic interaction. Engagement was defined in terms of degree of information and responsiveness provided by each partner. Analyses indicated reading disabled students differ from non-reading disabled students in terms of pragmatic language engagement. However, this was true only in terms of degree of responsiveness. Students with reading disability employed similar degrees of pragmatic language engagement in terms of information to those of their nondisabled peers. Further, no relationships were found between social competence and either type …


Deconstructing Collective Identities And Violence: Analytical Perspectives From Indonesia, Brandon Scott Sternquist Jan 2010

Deconstructing Collective Identities And Violence: Analytical Perspectives From Indonesia, Brandon Scott Sternquist

Electronic Theses and Dissertations

The goal of this study is to establish a more applied, analytical approach to analyses of collective identity and violence while providing insights into the dynamics of the regions of Indonesia considered. By focusing on two regions of Indonesia - Aceh and Kalimantan - which are populated by distinct peoples and have experienced violence in contemporary times, this study contributes to the expanding literature on the social dynamics of identity and violence. To ensure a more practical approach within the study, concepts and frameworks which have contributed to discussions of the nature of identity and acts of violence are utilized. …


Authenticating Người Mỹ Gốc Việt: Vietnamese Americans And The Struggle For Identity, Jennifer Huynh Thi Anh Morrison Jan 2010

Authenticating Người Mỹ Gốc Việt: Vietnamese Americans And The Struggle For Identity, Jennifer Huynh Thi Anh Morrison

Electronic Theses and Dissertations

This dissertation is a critical investigation of the politics of identity among the U.S. diasporic Vietnamese community, in particular, the discourse of authenticity that has been prevalent in the community and its (in)adequacy as a means of displacing racialization and othering as a minoritized community. Using a critical phenomenological approach, the study consisted of interviews with 14 Vietnamese subjects currently living in the U.S. whose family heritage(s) are traceable, in part or in whole, to Vietnam and/or who are racially marked as bearers of Vietnamese culture. A thematic analysis of the interviewees' personal stories uncovered three ideological challenges to authenticating …


Dancing Power: Examining Identity Through Native American Powwow, Kresta-Leigh Opperman Jan 2010

Dancing Power: Examining Identity Through Native American Powwow, Kresta-Leigh Opperman

Electronic Theses and Dissertations

This study considers how inter-tribal Indian identity formed though historic circumstances and how it is negotiated and maintained by contemporary Native Americans. Specifically, it considers identity formation and negotiation through the inter-tribal dance event, powwow. Further, it considers how and if men and women participate in this identity formation and negotiation differently. Finally, it considers how this identity is useful for urban Indian populations living outside of tribal lands and who, in some cases, have little involvement in more traditional, or tribal, settings.


William Shakespeare And Chinua Achebe: A Study Of Character And The Supernatural, Kenneth N. Usongo Jan 2010

William Shakespeare And Chinua Achebe: A Study Of Character And The Supernatural, Kenneth N. Usongo

Electronic Theses and Dissertations

This study examines how Shakespeare and Achebe use supernatural devices such as prophecies, dreams, beliefs, divinations and others to create complex characters. Even though these features are indicative of the preponderance of the belief in the supernatural by some people of the Elizabethan, Jacobean and traditional Igbo societies, Shakespeare and Achebe primarily use the supernatural to represent the states of mind of their protagonists.

Through an essentially New Historicist approach to the study of character and the supernatural in the tragedies and novels of Shakespeare and Achebe respectively, I argue that both writers, besides using supernatural features to explore the …


Closer To The Heart: An Exploration Of Caring And Creative Visual Arts Classrooms, Juli B. Kramer Jan 2010

Closer To The Heart: An Exploration Of Caring And Creative Visual Arts Classrooms, Juli B. Kramer

Electronic Theses and Dissertations

This study demonstrates how caring and creative secondary level visual arts classes facilitate the development of learning environments that enliven and expect the best of students; help them develop as autonomous and creative learners; provide them opportunities to care for others and the world around them; and keep them connected to their schools and education. It highlights how the intentions and operations of teachers impact student learning, creative risk taking, and interpersonal relations within and beyond the classroom. It also uncovers novel ways of thinking about arts education as a means to enhance positive individual and social development and vividly …


Divination In 1 Samuel 28 And Beyond: An African Study In The Politics Of Translation, J.Kabamba Kiboko Jan 2010

Divination In 1 Samuel 28 And Beyond: An African Study In The Politics Of Translation, J.Kabamba Kiboko

Electronic Theses and Dissertations

This dissertation examines the language of divination in the HB, particularly in 1 Samuel 28:3-27--the oft-called "Witch of Endor" passage. My thesis is that much of the vocabulary of divination in this passage and beyond has been mistranslated in authorized English and other translations used in Africa and in scholarly writings. I argue that the woman of Endor is not a witch, which is a label that has a long negative social history and has often led to violence against those so labeled. The woman of Endor is, rather, a diviner, much like other ancient Near Eastern and modern African …


Constructing A Neuroscientific Pastoral Theology Of Fear And Hope, Jason C. Whitehead Jan 2010

Constructing A Neuroscientific Pastoral Theology Of Fear And Hope, Jason C. Whitehead

Electronic Theses and Dissertations

Contemporary therapeutic circles utilize the concept of anxiety to describe a variety of disorders. Emotional reductionism is a detriment to the therapeutic community and the persons seeking its help. This dissertation proposes that attention to the emotion of fear clarifies our categorization of particular disorders and challenges emotional reductionism. I propose that the emotion of fear, through its theological relationship to hope, is useful in therapeutic practice for persons who experience trauma and PTSD.

I explore the differences between fear and anxiety by deconstructing anxiety. Through this process, I develop four categories which help the emotion of fear stand independent …


Fostering Global Security: Nonviolent Resistance And Us Foreign Policy, Amentahru Wahlrab Jan 2010

Fostering Global Security: Nonviolent Resistance And Us Foreign Policy, Amentahru Wahlrab

Electronic Theses and Dissertations

This dissertation comprehensively evaluates, for the first time, nonviolence and its relationship to International Relations (IR) theory and US foreign policy along the categories of principled, strategic, and regulative nonviolence. The current debate within nonviolence studies is between principled and strategic nonviolence as relevant categories for theorizing nonviolent resistance. Principled nonviolence, while retaining the primacy of ethics, is often not practical. Indeed, most nonviolent movements have not been principled, or solely principled. Strategic nonviolence is attractive because it does not require any individual or group to believe in a particular faith or ethical tradition. However, strategic nonviolence is problematic as …


Narrowing Of Curriculum: Teaching In An Age Of Accountability, Donna Kay Newberg-Long Jan 2010

Narrowing Of Curriculum: Teaching In An Age Of Accountability, Donna Kay Newberg-Long

Electronic Theses and Dissertations

Since No Child Left Behind (NCLB) legislation made clear the need for increased accountability of U.S. public schools in 2002, there has been a trend toward narrowing curriculum in social studies and other core subjects to focus predominantly on what is tested through state exams. Concerns exist regarding the unintended consequences of curriculum narrowing on low, middle and high socioeconomic status (SES) students in public schools.

The Center on Education Policy (CEP) and National Center for Education Statistics (NCES) have been tracking the effects of NCLB since it took effect in 2002 and found that 71 percent of districts nationwide …


Whole Language Curriculum For English Learners In Elementary Schools, Norma Alicia Alvarado Jan 2010

Whole Language Curriculum For English Learners In Elementary Schools, Norma Alicia Alvarado

Theses Digitization Project

The purpose of this project is to propose a pedagogy that adds, builds, and uses the student's language and culture to speak, read and write English. This project establishes the need for a comprehensive model of instruction for English learners in elementary schools.