Digital Commons Network^™

What Makes A Great Legal Negotiator?, Charles B. Craver

GW Law Faculty Publications & Other Works

What factors are associated with successful legal negotiators? I have found no significant correlation between student GPAs and negotiating results achieved on course exercises. I have found no differences in the results achieved by race or gender. Negotiator styles influence bargaining success, with many skilled negotiators employing the hybrid Competitive/Problem-Solving approach where they explore the underlying interests of the parties and seek to expand the overall pie to be divided, but use subtle manipulation to claim a greater share of the joint surplus for themselves. Proficient negotiators are thoroughly prepared, they have realistic, but elevated aspirations,and they begin with elevated, …

Negotiation Ethics For Real World Interactions, Charles B. Craver

GW Law Faculty Publications & Other Works

Attorneys negotiate constantly. Many persons who teach negotiation courses feel uncomfortable with the deception often associated with bargaining. Negotiators demand more or offer less than they are willing to accept, and over- and under-state the value of different items for strategic purposes. Such "puffing" and "embellishment" are part of most business and legal interactions, and are are accepted by most professionals. On the other hand, misrepresentations of material information is clearly improper. Collaborative and Cooperative lawyers who feel uncomfortable using deceptive tactics to further client interests have agreed to be entirely open and cooperative when they negotiate. At what point …

Towards A Jurisprudence Of Hybridity, Paul Schiff Berman

GW Law Faculty Publications & Other Works

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.

Neither of these positions takes seriously the importance of engagement and dialogue across difference. Navigating difference doesn’t require either assimilation or separation; it requires negotiation. Legal pluralists have long charted this process of negotiation, noting, for …

Cultural Cognition Of Scientific Consensus, Donald Braman, Dan M. Kahan, Hank Jenkins-Smith

GW Law Faculty Publications & Other Works

Why do members of the public disagree - sharply and persistently - about facts on which expert scientists largely agree? We designed a study to test a distinctive explanation: the cultural cognition of scientific consensus. The "cultural cognition of risk" refers to the tendency of individuals to form risk perceptions that are congenial to their values. The study presents both correlational and experimental evidence confirming that cultural cognition shapes individuals' beliefs about the existence of scientific consensus, and the process by which they form such beliefs, relating to climate change, the disposal of nuclear wastes, and the effect of permitting …

Low Back Pain In Schoolgirl Rowers: Prevalence, Bio-Psycho-Social Factors And Prevention, Debra Perich

Theses: Doctorates and Masters

Rowing is one of the largest participant sports on the Independent Girls‟ Schools Sporting Association (IGSSA) in Western Australia with approximately 400 participants competing every year. Rowing is an extra-curricular sport offered to girls 14 years of age and above, with these girls competing and training in both sweep and scull boats. Whilst the benefits of regular physical activity and exercise are well known, musculoskeletal problems have been documented in rowing. In particular, clinical evidence and previous research suggests that low back pain (LBP) is common in rowers. Adolescents who suffer from LBP are at an increased risk of recurrent …

The National Innovation System Of Singapore, Winston T. H. Koh, Phillip Phan

Research Collection School Of Economics

No abstract provided.

From Canter To Cantor: Negotiating Constraints, And The Perceptions Of Elitism In Serious Leisure Pursuits : The Experiences Of A High Performing Athlete And Artist, Lorraine O'Neill

Theses: Doctorates and Masters

Everyone experiences leisure differently but, for people who excel in a chosen field, a hobby can become a serious goal-oriented leisure pursuit. Many talented people, however, fail to reach their leisure goals due to constraints. This study explored individual life experiences of serious leisure participants. It focused on the lived experiences of individual event [horse] riders and opera singers who successfully negotiated their constraints, enabling them to reach their high performance goals.

The purpose of this study was to explore positive personal strategies that individuals used to negotiate constraints in serious leisure. This was done by exploring intrapersonal, interpersonal and …

Theory Of Entropic Security Decay: The Gradual Degradation In Effectiveness Of Commissioned Security Systems, Michael P. Coole

Theses: Doctorates and Masters

As a quantitative auditing tool for Physical Protection Systems (PPS) the Estimated Adversary Sequence Interruption (EASI) model has been available for many years. Nevertheless, once a systems macro-state measure has been commissioned (Pi) against its defined threat using EASI, there must be a means of articulating its continued efficacy (steady state) or its degradation over time. The purpose of this multi-phase study was to develop the concept and define the term entropic security decay. Phase one presented documentary benchmarks for security decay. This phase was broken into three stages; stage one presented General Systems Theory (GST) as a systems benchmark …

Resilience In Western Australian Adolescents: A Model Of The Processes That Occur Between Risk And Success, Mandie B. Shean

Theses: Doctorates and Masters

The aim of this research was to develop a model that represents how adolescents in the Western Australian context navigate their way to resilience. Resilience was defined as “the outcome from negotiations between individuals and their environments for the resources to define themselves as healthy amidst conditions collectively viewed as adverse” (Ungar, 2004a, p. 342). The philosophical approach was social constructivist and the methodology was mixed, employing both qualitative and quantitative methodologies through grounded theory. The techniques used to gather data included interviewing, focus groups, and questionnaires. There were three stages in the research: namely, developing the model of resilience, …

Conceptualising Bullying In An Aboriginal Context As Reported By The Yamaji Community, To Inform The Development Of A Bullying Prevention Program That Is Culturally Sensitive To The Needs Of Aboriginal Students, Juli Coffin

Theses: Doctorates and Masters

The Solid Kids Solid Schools project aimed to capture the unheard voices of Aboriginal children and community members on the issues surrounding ‘bullying’. In an Aboriginal context bullying is different and the outcomes are different, yet mainstream programs are utilized to combat the issue. We need to know how bullying is different for Aboriginal children and young people, why it is different and what does this difference mean in terms of addressing this issue in a school and community setting? A community based steering group guided the direction of this study and the larger Solid Kids Solid Schools project. Snowball …

Learning A Foreign Language With A Collaborative Web-Based Task, Processes And Performances. Apprendre Une Langue Étrangère À Partir D'Une Tâche Collaborative Sur Internet : Processus Et Performances, Frédérique Penilla

Theses: Doctorates and Masters

Within language teaching and learning, tasks have been advocated for use as they are thought to set up ideal conditions for language acquisition to occur. With the emergence of the Internet in the last decade, and the deployment of technology in schools, Web-based tasks, referred to as Computer-assisted Language Learning (CALL) are being used by an increasing number of teachers. Teachers who employ Web-based tasks in their classrooms, commonly set these up so that learners complete them in a collaborative mode. This requires learners engaging in a process of task negotiation and, at times, task redefinition, which in turn requires …

Rewiring Head And Heart : An Investigation Into The Efficacy Of A Clinical Psychotherapeutic Modality For The Treatment Of Depression, Genevieve Milnes

Theses: Doctorates and Masters

This is a presentation of the psychotherapeutic treatment modality, „Rewiring Head & Heart (Rewiring)‟ that combines cognitive therapy (“head”) with psychodynamic exercises (“heart”) into an evidence-based clinical treatment modality for use by therapists. This study extends previous research conducted by Milnes (1998). Descriptions of the origins of the treatment modality, the underpinning theoretical framework, and practical application in the Rewiring Manual are followed by an empirical investigation of its efficacy on a sample of adults with depressed mood, before discussing case studies and issues of clinical application of Rewiring. Rewiring consists of two contributing elements – Cognitive Fluency (CF) and …

Consuming Online Communities : Computer Operating Systems, Identity And Resistance, Gregory C. Stratton

Theses: Doctorates and Masters

A defining feature of the modern era of computer technologies has been a massive reliance upon the mass consumption of personal operating system software. Currently three products dominate how the world experiences computer operating system – Microsoft‘s Windows, Apple‘s Mac, and Linux. The near monopoly held by Windows has been a crucial enabler of the ICT revolution, while the small but significant markets held by Mac and Linux provide alternatives to Windows monoculture. Aside from their technical differences each offers distinct examples of modern-day branding, with individuals forming communities in which members signify their allegiance with these products. This thesis …

Improving The Aesthetic And Other Experiential Design Aspects Of Bicycle Paths In Western Australia, Anthony W. Stephens

Theses: Doctorates and Masters

Governments around Australia are in the process of promoting cycling as both a sustainable form of transport that can be a viable alternative to the motor vehicle, particularly for shorter trips, and as a healthy recreational pursuit that can play an important role in addressing the growing problem of obesity and illnesses associated with a sedentary lifestyle in the community. As part of this initiative, the development of effective and efficient infrastructure for bicycles is seen as a vital step for achieving higher participation rates.

A major component of the nation’s bicycle infrastructure is the growing networks of paved paths …

The Effect Of Visfatin And Adiponectin On Metabolic Parameters Of An Animal Model Of Type 2 Diabetes, Thuraya Saeed Ali Alshamisi

Theses

Background: Diabetes mellitus (DM) is one of the most common exocrine disorders affecting more than 6% of the world’s population. The incidence and prevalence of this chronic disease are on the rise in many parts of the world including the Middle East. DM is caused by defective Insulin production, release and/or function. The causes and nature of abnormal insulin metabolism is less than clear. While defective insulin secretion is observed in type 1 diabetes, insulin resistance is predominant in type 2 diabetes, which affects more than 94% of the diabetic patients.

Materials and Methods: Rats between the age of two …

Child Welfare Workforce Turnover: Frontline Workers' Experiences With Organizational Culture And Climate, And Implications For Organizational Practice, Melanie Dawn Sage

Dissertations and Theses

Public child welfare agencies experience front line worker turnover rates as high as 25% a year. Worker turnover has significant financial costs to agencies, and has been linked to negative outcomes for children in care. Prior research has linked organizational factors, such as organizational climate, culture, and supervisor satisfaction, to turnover intent in child welfare populations. This research uses an empowerment framework to turn to workers directly to answer the question, "What are the organizational factors that lead frontline child welfare workers to stay or leave the agency, and what, then, are the implications for agency administrators?" This study relies …

Anatomy Of Mishima's Most Successful Play Rokumeikan, Mami Harano

Dissertations and Theses

Mishima Yukio premiered the play Rokumeikan in 1956 and published it in 1957. For more than half a century, this play has been praised as one of the finest Japanese plays in the Post-War period. Rokumeikan is a multi-act tragic melodrama, set in 1886 (Meiji Period) in the Rokumeikan building. The play intertwines complex political cabals, intense loves and hatreds, and multiple deceptions embodying the conflict between political power and love. This essay explores the reasons why Rokumeikan has maintained its popularity over its fifty year long performance history and examines the critical reception of the play. My analysis of …

Between Non-Intervention And Protection: A Study On The Case Of Darfur And The Responsibility To Protect, David Ryan Lucas

Dissertations and Theses

This thesis explores the obstacles in establishing a consistent and effective response framework for humanitarian catastrophe and the importance of maintaining a sustained dialogue to this end. It does so by recognizing the underlying conflict between two positions: the norm of non-intervention of states into the affairs of others, and the protection of individuals caught in the middle of violent conflict. The importance of working towards a resolution of this conflict is illustrated through the case study of Darfur, where a divided international community led an insufficient response to the crisis that can ultimately be judged as a failure. Lastly, …

Transformative Teacher Evaluation: Self Evaluation For High Performing Teachers, Carla Ann Sosanya-Tellez

Dissertations and Theses

Public schools are in crisis, as educators and legislators seek to provide high quality education to diverse students in a measurement-driven environment. The public educator's moral imperative is to assure that all children are literate when they leave school so they can thrive in our democracy (Dewey, 1944; Freire, 1998a; Giroux & Giroux, 2004). Yet, the achievement gap persists, as poor African-American and Latino students under-perform as compared to white middle-class students (Ladson-Billings & Tate, 1995). Additionally, public school teachers are predominately middle-class and White, while they teach increasingly diverse children of poverty. In legislation, student assessment, teacher licensure, and …

War, Peace, And Principled Action: A Study Of Veterans And The Peace Movement, Laura Kay Wegener

Dissertations and Theses

Throughout the history of the United States (U.S.), there have been service members who, upon leaving the service, have spoken out against U.S. involvement in wars. The current conflicts in Afghanistan and Iraq, and their increasing unpopularity, have contributed to this trend. Recently veterans have begun to come forward in larger numbers to speak out against the current wars and have self-identified as members of peace movements. The purpose of this research project was to explore veterans' understandings of the peace movement and their involvement in veterans' peace movement organizations. This study hoped to answer the following questions: 1) How …

A Structural And Functional Analysis Of Codeswitching In Mi Vida Gitana 'My Gypsy Life,' A Bilingual Play, Gustavo Javier Fernandez

Dissertations and Theses

The present study analyzed the language in the script of the bilingual play Mi Vida Gitana 'My Gypsy Life' (Malán, 2006) in order to better understand issues relating to codeswitching (CS). The analysis was done from a structural and a functional perspective and utilized various models developed by renowned CS scholars.

For the structural analysis, I utilized concepts and ideas put forth in the three-tiered typology created by Muysken (2000) and the Matrix Language Frame model developed by Myers-Scotton (1993). The results of this portion of the study showed that some form of CS, whether occurring between turns or within …

Globalization; But Under What Conditions? -- The Case Of The E.U., Michaelangelo Anastasiou

Dissertations and Theses

The present study explores the relationship between trust placed in national institutions and opinion of globalization. A secondary data analysis is conducted using data collected by the European Commission in a 2004 Eurobarometer survey of European Union (EU) citizens on various issues regarding the EU, globalization and national challenges. A prominent theme in the literature is that, in recent times, globalization has had the effect of compromising the sovereignty of nation-states. This has generated a backlash of nationalistic attitudes wherein globalization is posited in opposition to the nation-state. This surge in nationalism has reinforced a culture wherein any external force …

Teacher Evaluation Of Item Formats For An English Language Proficiency Assessment, Jose Luis Perea-Hernandez

Dissertations and Theses

An abstract of the thesis of José Luis Perea-Hernández for the Master of Arts in Teaching English to Speakers of Other Languages presented February 11, 2010. Title: Teacher Evaluation of Item Formats for an English Language Proficiency Assessment. Language testing plays a significant role in the collection of systematic information about English Language Learners' ability and progress in K-12 public schools in Oregon. Therefore, the following thesis reports on a process of the development of this assessment as I was at some point one of the members in the test development team and then drew upon teachers' opinions and judgments …

Music And Conflict Resolution: Exploring The Utilization Of Music In Community Engagement, Mindy Kay Johnston

Dissertations and Theses

This study is based on interviews conducted with twenty-two musician-activists in the Pacific Northwest region of the United States in 2009 to explore perspectives about the role of music in community engagement with the aim of considering how music might be used in the field of conflict resolution. The study followed the qualitative approach of constructivist grounded theory as designed by Charmaz (2000, 2002). Two themes, "Music for Self," and "Music for Society" emerged from interviews and comprise the internal and external meanings of music to the research informants. The results of the study indicate that the relationships people have …

Exploring School Engagement As A Protective Factor For Youth At Risk Of Joining Gangs, Lorraine M. Escribano

Dissertations and Theses

Research on gangs has traditionally focused on identifying the risk factors associated with youth gang membership in multiple developmental domains with limited attention on examining the protective factors that may buffer youth from joining gangs (Howell & Egley, 2005). Educational and psychological research have found robust evidence that school engagement protects youth from a host of risky activities and negative outcomes (e.g., substance use, dropping out of school) and may hold promise in also protecting youth from gang involvement. Therefore, the purpose of the present study is three-fold: (1) to identify students who are at risk for gangs; (2) to …

La Palabra Es Salud: A Comparative Study Of The Effectiveness Of Popular Education Vs. Traditional Education For Enhancing Health Knowledge And Skills And Increasing Empowerment Among Parish-Based Community Health Workers (Chws), Noelle Wiggins

Dissertations and Theses

Popular education is a mode of teaching and learning which seeks to bring about more equitable social conditions by creating settings in which people can identify and solve their own problems. While the public health literature offers evidence to suggest that popular education is an effective strategy for increasing empowerment and improving health, there have been no systematic attempts to compare the outcomes of popular education to those of traditional education. The goal of La Palabra es Salud was to conduct such a comparison among Latino, parish-based Community Health Workers (CHWs). The study employed a quasi-experimental design, mixed methods, and …

Gender Role Conflict Among Formerly Incarcerated And College Black Males: The Mediating Effects Of Racial Identity On Psychological Distress, Natasha N. Manning

Seton Hall University Dissertations and Theses (ETDs)

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Family Dynamics: A Systematic Investigation Of Parenting Styles, Parent And Peer Attachment, Locus Of Control And Social Behaviors, Reesa Weingold

Seton Hall University Dissertations and Theses (ETDs)

No abstract provided.

Investigation Of The Nature Of Science Views Of Undergraduate Natural Science And Nonscience Majors In Biology Courses, Marie Christine Desaulniers Miller

Biological Sciences

Science educators have the common goal of helping students develop scientific literacy, including understanding of the nature of science (NOS). University faculties are challenged with the need to develop informed NOS views in several major student subpopulations, including science majors and nonscience majors. Research into NOS views of undergraduates, particularly science majors, has been limited. In this study, NOS views of undergraduates in introductory environmental science and upper-level animal behavior courses were measured using Likert items and open-ended prompts. Analysis revealed similarities in students' views between the two courses; both populations held a mix of naYve, transitional, and moderately informed …

An Examination Of The Effectiveness Of A Professional Development Program On Teacher Knowledge And Practice To Address Adolescent Health Issues, Narima Aliya Shahabudeen

Seton Hall University Dissertations and Theses (ETDs)

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