Digital Commons Network^™

Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice

Barry Law Review

This article will address one of the specific logical fallacies known as the Fallacy of Affirming the Consequent, discuss the place of formal logic in legal reasoning, describe the Fallacy of Affirming the Consequent, demonstrate how courts have explicitly used the fallacy in deciding cases, and detail how litigators can use the Fallacy to win cases.

The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo

Barry Law Review

Questioning the indifference of the law to its own normative correctness and its claim to legitimacy, this article explores the epistemological and ontological foundations upon which the concept and lexicon of show trial is predicated. By invoking the theory of performativity, the article distinguishes between the different models of show trials to allow for a more complex and nuanced reading of the particular nature of the show in judicial practices often called ‘show trials.’ By emphasizing the peculiarity of the ‘show’ in each ‘show trial’, the article seeks to reconceptualize the ambit of the criminal trial. Arguing against the emphasis …

Arabic For Designers By Mourad Boutros, Saad D. Abulhab

Publications and Research

No abstract provided.

Promoting Creativity Through Copyright Limitations: Reflections On The Concept Of Exclusivity In Copyright Law, Christophe Geiger

Vanderbilt Journal of Entertainment & Technology Law

Do copyright limitations have the ability to promote creativity and innovation in an effective way? This question may initially sound astonishing because this incentive function is traditionally attributed to the exclusive rights and not to their limitations. However, it should not be forgotten that innovation often builds on existing creations. As a consequence, by depriving the copyright holder of the right to consent to certain acts, one might in turn encourage creative uses. In addition, it is possible for legislatures to draft limitations in order to guarantee that the permitted uses are not for free by providing for a just …

Pnong: A Cambodian Tribal People, Braden Pewitt

Journal of Adventist Mission Studies

No abstract provided.

The Karajá Mission In Brazil, Ubirajara De Farias Prestes Filho

Journal of Adventist Mission Studies

No abstract provided.

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Cornell Law Faculty Publications

This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …

An Exploration Of The Relationship Between Transformational Leadership Characterististics And Multicultural Education Practices In Teacher Educators, Cheresa D. Greene-Clemons

Dissertations

This exploration focused on the relationship of transformational leadership in teacher educators and their multicultural education practices as an avenue to prepare and produce more teachers for the increasingly diverse student population in P-12 Schools. This research was a two-phase sequential mixed method design including quantitative and qualitative data of 21 teacher educators at one Historically Black College and University (Kameron Carolina State University). The data were collected through questionnaires, content analysis, interviews and observations. The two questionnaires utilized were the Multifactor Leadership Questionnaire developed by Bass and Avolio (1995) and the Multicultural Education Questionnaire developed by Johnson and Inoue …

Predictive Nature Of Commitment Language In Relation To Outcome Of Prolonged Exposure Therapy For Posttraumatic Stress Disorder, Aaron P. Brinen

PCOM Psychology Dissertations

Sessions of prolonged exposure therapy, an extensively studied treatment for posttraumatic stress disorder, were coded for client verbalization in favor of maintaining or changing the focal behavior of the treatment. The frequency of client verbalization was used to attempt discrimination of group membership based on treatment completion and diagnosis remission. Client language was not predictive of group membership. However, for treatment completers, average frequency of verbalization against the status quo was twice as high as noncompleters when reviewing common reactions experienced following a trauma. Implications for treatment conceptualization and delivery are discussed.

Fathers' Language Influence On Their Six-Month-Old Infants' Vocalization During Free-Play, Lu Xia

Electronic Theses and Dissertations

Data for this study were derived from videotapes of 26 father-infant dyads, specifically from a five minute period of free-play. The first step was the creation of a literal transcription of the father-infant dyads interaction. Subsequently, nine variables of fathers' language characteristics and one infant characteristic were coded employing the literal transcriptions and observing the videotapes. The fathers' language variables were number of : (1) father utterances, (2) father words, (3) father contingent responses, (4) father teaching utterances, (5) father descriptive teaching utterances, (6) father directive teaching utterances - making commands, (7) father directive teaching utterance - asking questions, (8) …

A Blueprint For Planning And Designing Staged-Authentic Heritage Attractions In Small Island Nations, Earney F. Lasten

Electronic Theses and Dissertations

The purpose of this largely qualitative study was to develop a blueprint for planning and designing a staged-authentic heritage tourist attraction for small island nations. Data were gathered and analyzed in three phases. In Phase I, existing and potential supply, demand, and external variables associated with staged-authentic heritage attractions were identified, and a preliminary planning model and conceptual framework was developed. In Phase II, the model was refined. A blueprint containing seven major questions and 26 sequential steps was developed. In Phase III, the blueprint was tested using focus groups and an online tourist survey in the Caribbean region (Aruba) …

Venezuelan Avant-Garde: María Calcaño's Erotic Poetry, Giovanna Montenegro

Comparative Literature Faculty and Student Scholarship

Abstract: This essay treats the Venezuelan avant-garde and its historical development through the poet María Calcaño (1906-1956). An analysis of Calcaño’s work reveals how her erotic avant-gardism was excluded from male-dominated avant-garde literary circles in Venezuela in the 1920s and the 1930s. Rather than analyzing the Latin- American avant-garde as a product of European vanguardisms, I show how Calcaño’s poetry draws upon women’s physical and erotic experience to generate a new female- authored avant-garde poetic corpus. Calcaño therefore produces work that illustrates the poetic expression of women’s identity in Venezuela. She is the first poet who breaks with poetic forms …

The Language Of Lives, Jill Anderson

Faculty Articles and Papers

No abstract provided.

Constitutional Courts As "Positive Legislators" In The United States, Richard Kay, Laurence P. Claus

Faculty Articles and Papers

This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as "positive" legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the Court has encountered in crafting remedies fit to fulfill the promise of its constitutional rulings.

Subsistence Change And Emergent Social Inequality In An Early Complex Hunter-Gatherer Winter Village: A Zooarchaeological Assessment Of The Bridge River Site (Eerl4), Middle Fraser B.C., Eric S. Carlson

Graduate Student Theses, Dissertations, & Professional Papers

ABSTRACT Carlson, Eric S., M.A., Spring 2010 Anthropology Subsistence Change and Emergent Social Inequality in an Early Complex Hunter-Gatherer Winter Village: A Zooarchaeological Assessment of the Bridge River Site (EeRl4), Middle Fraser B.C. Chairperson: Dr. Anna Marie Prentiss Analyses of faunal material from the 2008 excavations at the Bridge River Site (EeRl4) show that reliance on stored anadromous salmon (Oncorhynchus sp.) remains the primary food staple from early occupations of the village (1550bp) until its abandonment (1100bp), and indeed intensifies through time. Second, taxonomic diversity in food resources declines through time, signifying a diachronic process of resource specialization. The presence …

A New Life In Montana: The Laotian Hmong -- Their History, Culture And American Journey, David A. Keightley

Graduate Student Theses, Dissertations, & Professional Papers

Keightley, David, M.A., May 2010 History A New Life in Montana: The Laotian Hmong – Their History, Culture and American Journey Chairperson: Michael Mayer Following the end of the Vietnam War, hundreds of thousands of Vietnamese, Laotian and Cambodian refugees fled their homelands for America, where they started their lives over again. This paper examines the immigration of Hmong hill-tribesmen from Laos to the United States and their adjustment to a new life in America, particularly in the small community of Missoula Montana. How did they acculturate to such a very different environment from what they had known in Laos, …

Ron Patterson V. Randy D. Patterson : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

A Brief Reflection On The Stages Of The Clinical Year: Group Process With Existentialist Roots, Richard J. Wilson

Working Papers

This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.

Paradoxism’S Manifestos And International Folklore, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

The book is structured in two parts as follows:

- in the first part, the theory of paradoxism through its first six published worldwide

manifestos (1983-2010);

- in the second part, the paradoxism collected from the international (English, French,

Spanish/Arabic, and Romanian) folklore in images and paradoxist situations.

PARADOXISM is an avant-garde movement in literature, art, philosophy, science, based on

excessive use of antitheses, antinomies, contradictions, parables, odds, anti-clichés, deviations of senses,

against-the-grain speech, nonsense, paraphrases, oxymorons, inversions, digressions, paradoxes,

semiparadoxes, etc. in creations.

It was set up and led by the writer Florentin Smarandache since 1980's, who said: "The …

Shulchan Arukh, Amy Milligan

Women's & Gender Studies Faculty Publications

[First Paragraph] The Shulchan Arukh, literally translated as "The Set Table," is a compilation of Jewish legal codes. Written in the sixteenth century, it represents the first codification of Jewish law that is universally accepted by religiously observant Jews. It encompasses laws observed by both Ashkenazic Jews, those with German and eastern European roots, and Sephardic Jews, those with Spanish and Middle Eastern roots. Rabbi Yosef Karo composed the work in an effort to provide an authoritative legal text that would help to guide Jews in properly observing religious obligations. Although he composed the text before subdivisions of Judaism existed, …

Writing Motivation Of Students With Specific Language Impairments, Kyle Lee Brouwer

College of Education and Human Sciences: Dissertations, Theses, and Student Research

This study was designed to compare the writing motivation of students with specific language impairments with their non-disabled peers. Due to the cognitive and linguistic demands of the writing process, students with language impairments face unique difficulties during the writing process. It was hypothesized that students with specific language impairments will be more likely to report lower levels of perceived writing competence and be less autonomously motivated to write. Students in grades 3-5 in 11 schools (33 with specific language impairments, 242 non-disabled peers) completed self-report measures, designed from a Self-Determination Theory perspective, which measured the degree that students are …

American Poetry And The Daily Newspaper From The Rise Of The Penny Press To The New Journalism, Elizabeth M. Lorang

Department of English: Dissertations, Theses, and Student Research

This dissertation examines the relationship of poetry and the U.S. daily newspaper in the nineteenth century and begins the process of recovering and reevaluating nineteenth-century newspaper poetry. In doing so, it draws on and participates in current discussions about the role of poetry and poets in society, the importance of periodicals in the development and dissemination of American literature in the nineteenth century, and the value of studying non-canonical texts. The appearance and function of poems in daily newspapers changed over the course of the nineteenth century, and these changes were part of larger shifts in the newspaper and its …

The Experience And Expression Of Emotion Within Stepsibling Relationships: Politeness Of Expression And Stepfamily Functioning, Emily Lamb Normand

Department of Communication Studies: Dissertations, Theses, and Student Research

While scholars agree there are emotional challenges associated with the divorce and remarriage process, little is known about how stepsiblings interact and manage the experience and expression of emotion within their stepfamily. The current investigation examined the frequency of experience, intensity, and expression of positive, strong negative, and weak negative emotion within stepsibling relationships over time. Using Politeness Theory as a framework, the study also investigated if an association existed between stepsiblings’ use of politeness strategies during the expression of emotion and stepsiblings’ perception of the quality of their relationship and their perception of the entire stepfamily. Participants were 187 …

The Ninth Annual Albert A. Destefano Lecture On Corporate, Securities & Financial Law, Constantine N. Katsoris, William M. Treanor, Stuart M. Bernstein, Paul Soden

Fordham Journal of Corporate & Financial Law

No abstract provided.

Corporations Are People Too: A Multi-Dimensional Approach To The Corporate Personhood Puzzle, Susanna K. Ripken

Fordham Journal of Corporate & Financial Law

No abstract provided.

Thinking Outside Of The Assessment Box: Assessing Social Communicative Functioning In Students With Asd, Janet L. Dodd

Communication Sciences and Disorders Faculty Articles and Research

The assessment of a student suspected of an autism spectrum disorder (ASD) diagnosis requires the integration of information collected by a variety of professionals across various domains of functioning. One of the core deficits of students with ASD is a deficit related to social communicative competence (SCC). SCC requires the integration of language, social cognition, and higher order executive functions (Coggins, Olswang, Carmichael Olsson, & Timler, 2003) This article will propose an assessment model of social communicative functioning that was developed based on the SCC framework of Coggins and colleagues as a component of the Comprehensive Multidisciplinary Assessment Protocols for …

“A Long Way From Moscow”: A Collaborative Project Between Archivists, Librarians, And Historians From The Steppes Of Saratov Province And The High Plains Of Colorado, Janet Bishop, Kenneth Rock

Collaborative Librarianship

This article describes the authors interactions with Russian archivists, librarians, and historians during a 2008 delegation visit to Saratov Province, the state of archival holdings and special collections in the Saratov area, and preliminary discussions regarding proposed collaborative digitization and academic research projects. A reciprocal visit by Russian and Ukrainian colleagues the following year to participate in the Inaugural Conference on German-Russian Studies is also detailed. The authors, both members of the Joint Academic Board for the International Center for German-Russian Studies at Colorado State University, discuss outreach strategies and lessons learned regarding a wide-ranging collaborative international project with information …

Ogunian Heroes And Grand-Masters: The Rise Of Moral Systems And Language In Shaping Tragedy In "The Man Who Would Be King" And Death And The King's Horseman, Harini Angara

Criterion: A Journal of Literary Criticism

No abstract provided.

The Evolution Of The Swastika : From Symbol Of Peace To Tool Of Hate, Lindsey L. Turnbull

HIM 1990-2015

Few figures in the history of the Americas are surrounded with more colorful lore and acclamation than the Cuban politician, teacher, patriot, and poet Jose Marti. Among Marti's literary contributions, his Ismaelillo, a collection of fifteen poems published in 1882, claims prominence as both Marti's first book of poems and as a seminal Latin American text. Celebrated for its sincere communication of paternal love and lauded as the genesis of Hispanic literary modernism, Ismaelillo captures the longing of an exiled father separated from his son and homeland. Its language is at once evocative of classical Spanish literature and innovative, incorporating …

Contemporary Hijra Identity In Guyana: Colonial And Postcolonial Transformations In Hijra Gender Identity, Shainna Ali

HIM 1990-2015

Before European colonialism, inhabitants of Guyana were Amerindians scattered across the “land of many waters” (Glasgow 1970:6; Rabe 2005:5). During the era of imperialism (1499-Guyanese Independence May 1966), the Dutch and British utilized indigenous and African slave labor as well as indentured servants from Asia to harvest cash crops (Glasgow 1970:131; Whitehead 2010:53). The British brought indentured servants across the kala pani, or dark water, from India to Guyana under the pretense of a better life. Under the harsh restrictions of colonial life, the Indian indentured laborers, negatively referred to as coolies, were culturally suppressed. Virtually, all aspects of daily …