Digital Commons Network^™

A Residential Construction Management Cognitive Apprenticeship Program, Heidi Em Wagner

Construction Management and Engineering

Background The U.S. Bureau of Labor's Occupational Outlook Handbook states that faster-thanaverage employment growth is expected in construction management with job openings projected to exceed qualified applicants (2008). Increasing complexity of projects, including sophistication of technology and new laws for building standards, will boost the demand for specialized management personnel (U. S. Bureau of Labor 2008). Purpose Obvious locales for the recruitment and training of construction managers are construction management baccalaureate degree programs. Because these programs educate for an occupation, it is essential for them to be aware of what the industry requires of its workers. The purpose of this …

Race, Sex, And The Division Of Labor: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Richard Delgado

Articles

No abstract provided.

Crimes Against The "Other": Conceptual, Operational, And Empirical Challenges For Hate Studies, Neil Chakraborti

Journal of Hate Studies

In much the same way that expressions of hate pose problems that cut across disciplines, across communities, and across borders, so too must responses be informed through international, intersectional, and interdisciplinary perspectives that serve to widen our understanding. Hate crime remains a contested and highly complex area of study and policy, and the deeper we delve to find solutions and answers, the more likely we are to stumble across further problems and questions. Identifying how best to resolve them is a difficult, ongoing task, but one that should form the basis of any progressive dialogue among hate crime scholars, policy …

Holocaust-Denial Literature: A Sixth Bibliography, John A. Drobnicki

Journal of Hate Studies

This bibliography is a supplement to five earlier ones that were published in the March 1994, December 1996, September 1998, December 2000, and September 2002 issues of the Bulletin of Bibliography, which has since ceased publication. During the intervening time, Holocaust denial has continued to be discussed in both the scholarly literature and the mainstream press, especially during the trial resulting from the libel lawsuit filed by David Irving against Deborah Lipstadt and Penguin Books, and his subsequent appeal of that verdict. The Holocaust deniers, who prefer to call themselves “revisionists” in an attempt to gain scholarly legitimacy, have refused …

Sensory Processing Disorder: Family Perspectives On The Disorder And The Role Of Counseling, Susan Patricia Fullerton

Education

Sensory Processing Disorder (SPD) is defined as an "inability to use information received through the senses in order to function smoothly in daily life" (Kranowitz, 2005, p. 9). The purpose of this study was to examine the perspectives and experiences of families in the process of seeking treatment for their child's sensory processing disorder and the availability of family mental health support (defined as counseling). There is limited literature in the area of the mental health support for children living with SPD. A qualitative interview methodology was utilized in this study. The qualitative research data consisted of seven telephone interviews …

The Effects Of 'Crucial Conversations' Training On Roommate Satisfaction And Roommate Friendship, Mikal Christina Kenfield

Education

This study examined the impact of a communication skills workshop called 'Crucial Conversations' on the satisfaction and friendship levels of first-year roommate dyads. Roommate satisfaction and roommate friendship were measured for students who had attended the workshop with their roommates; for students who attended, but their roommate did not; for students who did not attend, but their roommate did; and for roommate pairs in which neither student attended. Overall, the students who attended this workshop with their roommates reported higher levels of roommate satisfaction and roommate friendship. Suggestions for further research were also offered.

Teacher Burnout In North Dakota, Erin N. Mowers

Education

The purpose of this mixed study dissertation was to determine if teachers in North Dakota public schools show signs of teacher burnout and the extent to which NCLB is a 111 major stress factor. The research questions were: To what extent are teachers experiencing symptoms of burnout? What are the factors of burnout? The research hypothesis was: The policies of No Child Left Behind are the highest stress factor for teachers in North Dakota public schools. This study used an electronic, web-based data collection procedure. This was accomplished by surveying members of the North Dakota Education Association. The target population …

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

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

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

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 …

Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello

Nevada Law Journal

The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much greater …

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 …

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 …

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 …

Feeding The Right Wolf: A Niebuhrian Perspective On The Opportunities And Limits Of Mindful Core Concerns Dispute Resolution, Jeffrey W. Stempel

Nevada Law Journal

This Article offers a few observations regarding both the promise and the difficulties faced in using mindful core concerns dispute resolution. Part II focuses on the difficulties faced by mindful negotiators and mediators when confronted with disputants who are too adversarial, selfish, unrealistic, or unresponsive to overtures for interest-based bargaining--even after skilled attempts to neutralize whatever negative emotions may be fueling their counterproductive behavior. In making these assessments and suggestions, the Article relies significantly on the work of Reinhold Niebuhr. Appreciation of Niebuhr's insights can assist mindful negotiation by helping the negotiator to distinguish those situations amenable to the cooperative …

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

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 …

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

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 …

Correct Diagnosis; Wrong Cure: A Response To Professor Suk, Joan C. Williams

Faculty Scholarship

No abstract provided.

Jacques Lacan And Mary Shelley: Repressed Abandonment In Frankenstein, Kyle Rasmussen Garey 111

English

Mary Shelley's early life was fraught with developmental problems. Like Victor Frankenstein's Creation, she lacked a genuine chance to experience what Jacques Lacan calls the Real with her mother. While some readings of Frankenstein point to Mary's early development as being successful and properly supported by William Godwin's love, thus making her upbringing parallel to Victor's, Mary nonetheless experienced many of the same deprivations the Creation in Frankenstein did. In this paper, the author maintains that, based on a Lacanian analysis of Frankenstein, Victor Frankenstein's emotional detachment from his Creation and others reflects Mary Shelley's psychological sense that she had …

The Feminist Cure: Feminist Identity As A Shield From Hyper-Sexualized L'Vledia Induced Self-Objectification In College Women, Natalie Smith Carlson

English

This paper explores the impact of hyper-sexualized media on college women in terms of inducing self-objectification and/or inhibiting feminist identity. The survey and resulting analysis showed participants' feminist orientation ostensibly affected their inclination to self-objectify after watching and responding to a slideshow of common images of women in our culture. By comparing the reactions of women \Vith high feminist orientation and low feminist orientation, suggestions were clear about connections between an identification with feminism and a propensity to value the self and other women for characteristics beyond those of appearance and sexuality.

Time To Play The Religion Card: Messiah Complexes In Battlestar Galactica, Carissa Noel Wolf

English

In 2003, Battlestar Galactica (BSG) was re-invented from its 1978 roots and updated to a post-apocalyptic narrative that reflects numerous issues in current American culture, including the influence of religious rhetoric in post-9/11 politics. As theorized by psychoanalyst Carl Jung, the fictions of a culture reveal the subconscious values and beliefs of that culture, 1 and BSG has proven fertile ground for such investigations. Four major compilations of critical essays on BSG have been published to date, with some articles analyzing the post-9/11 politics and others on the use of religion in the narrative, but few examine these elements in …

"Putting On My Feminist Pants": How Academic Feminists Use Clothing To Construct Professional Identity, Katie Marie Gunter

English

Feminism has traditionally been concerned with issues of women's bodies; however, an examination of women's bodies in clothing has been largely overlooked, especially in relation to feminists themselves. Constructing identity for professional feminists in the context of clothing calls into question the traditional feminist binary of privileging the mind over the body. While many feminist writers discuss a rift between second and third wave feminists concerning views on clothing, no one has produced data to show that these views are still held. This paper investigates how second and third wave professional feminists view clothing in relation to the mind/body binary …

The Power To (Re )Produce: Biological Determinism In Mcteague., Stacey Jo Tobias

English

In McTeague: A Story of San Francisco, Frank Norris explores life among the working class of Polk Street. Through his unflattering portrayal of all the immigrant characters in the novel, Norris demonstrates his well-documented beliefs in inherited degeneracy. The relationship between Zerkow, a Polish Jew, and Maria Macapa, a Mexican maid, especially highlights these beliefs. 111 Though many scholars have approached Zerkow and Maria as individual characters, it is the complex dynamic of their relationship which this paper explores. Through the utilization of Marxist notions of commodity and feminist notions of the body and reproduction, Maria's sacrifices as an immigrant …

Enculturating Gender: Examining Bestselling Children's Picture Books, Kara Michele Smith

English

This research examines gender depictions in 20 current bestselling children's picture books. I argue that children's picture books, specifically those aimed at children 0-5 years of age, portray gender in a way that potentially limits girls in developing and achieving their goals because of the limited options presented to them based on gender and also constrains boys' emotional growth due to the rigid standards depicted for them. These depictions are especially critical during the Sensorimotor and Preoperational stages in children's development because they are developmentally primed for acquiring and being socialized to gender knowledge. Extending the work of Hamilton et …

Misuse Made Plain: Evaluating Concerns About Neuroscience In National Security, Emily Murphy, Kelly Loweberg, Brenda M. Simon, Amy Burns, Libby Greismann, Jennifer M. Halbleib, Govind Persad, David L.M. Preston, Harker Rhodes

Faculty Scholarship

No abstract provided.

Inpatient Group Psychotherapy: Predicting Attendance And Participation, Sharon E. Silverberg

Counseling & Human Services Theses & Dissertations

Inpatient group psychotherapy is one of the primary talk therapy interventions offered to patients necessitating acute psychiatric treatment. Research indicates that patients who attend and participate in group psychotherapy sessions while admitted to psychiatric hospitals have a lower rate of recidivism and are more successful in the community utilizing lower levels of psychiatric care. Unfortunately, not all patients attend group psychotherapy while admitted to a psychiatric facility and therefore do not benefit, possibly contributing to non-compliance with community-based treatment and readmissions to inpatient psychiatric institutions for stabilization and safety. This lack of participation in group psychotherapy deprives the patient the …

Where Is The Learning In Smaller Learning Communities? Academic Press, Social Support For Learning, And Academic Engagement In Smaller Learning Community Classrooms, Christopher Michael Fischer

Teaching & Learning Theses & Dissertations

The extent to which Academic Press and strong social relationships impact Academic Engagement in smaller learning communities (SLCs) situated in large comprehensive urban high schools was investigated. Data were collected through classroom observations, student questionnaires and focus groups with teachers and analyzed using descriptive statistics, multivariate analysis of variance (MANOVA), and content analysis of focus interview transcripts. Findings from the survey data confirm those found in much of the existing literature, namely that students experiencing high levels of Academic Press were more often the most academically engaged. This finding was also confirmed for African American students in high Academic Press …