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2012

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The Future Impact Of Same-Sex Marriage: More Questions Than Answers, Nan D. Hunter Jan 2012

The Future Impact Of Same-Sex Marriage: More Questions Than Answers, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Same-sex relationships have already significantly altered family law, by leading to new formal relationship statuses and incorporation of the principle that both of a child’s legal parents can be of the same sex. This essay explores further changes that may lie ahead as same-sex marriage debates increasingly affect both family law and the social meanings of marriage. Marriage as an institution has changed most dramatically because of the cumulative effects of the last half-century of de-gendering family law. Same-sex marriage–and perhaps even more so, the highly visible cultural debate over it–is contributing to this process.

The author argues that the …


Theater As A Medium Of Healing: A Critical Analysis Of Copper Thunderbird By Marie Clements, Anna Dulba-Barnett Jan 2012

Theater As A Medium Of Healing: A Critical Analysis Of Copper Thunderbird By Marie Clements, Anna Dulba-Barnett

Graduate Student Theses, Dissertations, & Professional Papers

The idea of the healing power of theater reaches back to Aristotle and his concept of catharsis. Greek philosopher states that tragedy “with incidents arousing pity and fear, wherewith to accomplish its katharsis of such emotions.” The process of catharsis is interpreted as purification or purging of the audience members’ strong emotions as a response to the dramatic action taking place on stage. Today very few western theater practitioners mention that particular aspect of theater in their artistic manifestoes. Yet in Native American theater narratives of illness and healing are ever present. The need for change, and faith in the …


An Analysis Of Demographic And Socio-Economic Change In The Clark Fork Watershed Between 2000 And 2010, Benjamin C. Brewer Jan 2012

An Analysis Of Demographic And Socio-Economic Change In The Clark Fork Watershed Between 2000 And 2010, Benjamin C. Brewer

Graduate Student Theses, Dissertations, & Professional Papers

Over the past several decades, noticeable socio-economic changes have occurred in the Rocky Mountain region of the United States, most notably with regard to rapid population growth and concurrent land development. Scholars find this to be characteristic of a transition from the Old West of resource production and extraction to a New West of landscape consumption. This thesis uses indicators of socio-economic changes associated with the New West such as rapid population growth caused by amenity migration to examine changes in the Clark Fork watershed between 2000 and 2010. Using census and economic data, several categories of demographic, economic, and …


Coming To The Surface: The Environment, Health, And Culture In Butte, Montana, Stacie Lynn Barry Jan 2012

Coming To The Surface: The Environment, Health, And Culture In Butte, Montana, Stacie Lynn Barry

Graduate Student Theses, Dissertations, & Professional Papers

Butte is a small town in southwest Montana that was profoundly shaped by over a century of mining and smelting activities. Today, Butte is a post-industrial city that is the focal point of America's largest Superfund site as well as the nation's largest National Historic District. There are two types of remediation occurring in Butte: environmental and cultural. Environmental remediation occurs throughout the city, most notably at the operable units of the Butte Superfund sites. This remediation does not restore the environment to its original state but instead reclaims it to a level of risk deemed acceptable by the EPA. …


Fire-On-Fire Interactions In Three Large Wilderness Areas, Casey Teske Jan 2012

Fire-On-Fire Interactions In Three Large Wilderness Areas, Casey Teske

Graduate Student Theses, Dissertations, & Professional Papers

Current knowledge about wildfire occurrence is not complete. Fire researchers and managers hold the assumption that previous wildfires affect subsequent wildfires; however, research regarding the interactions of large wildfires at their common boundaries is missing from the literature. This research focuses on understanding the influence of previous large wildfires on subsequent large wildfires in three wilderness areas: The Greater Bob Marshall, the Selway-Bitterroot, and the Frank Church. Data from the Monitoring Trends in Burn Severity (MTBS) project, which mapped large wildfires in the western United States occurring since 1984, are used for the research. The combination of using wilderness areas …


How Ch-Paa-Qn Got It's Name: A Sixth-Grade Geography Curriculum Unit For Indian Education For All In Montana, Mary Elizabeth Nellis Jan 2012

How Ch-Paa-Qn Got It's Name: A Sixth-Grade Geography Curriculum Unit For Indian Education For All In Montana, Mary Elizabeth Nellis

Graduate Student Theses, Dissertations, & Professional Papers

Nellis, Mary, M.A., Summer 2013 Geography How Ch-Paa-Qn Got Its Name: A Sixth-Grade Geography Curriculum Unit for Indian Education for All in Montana Chair: Sarah J. Halvorson This thesis reports on the design and implementation of a sixth-grade geography curriculum based on Montana House Bill 412 (HB412), a bill whereby the legislature mandated the removal of the word “squaw” from public places in Montana. The framework for this unit is founded on place-based education principles and is tailored to fit within the concepts of Indian Education for All as mandated in the Montana State Constitution. Furthermore, as a place-based unit …


Down Low Under The Big Sky, Amee Marie Schwitters Jan 2012

Down Low Under The Big Sky, Amee Marie Schwitters

Graduate Student Theses, Dissertations, & Professional Papers

Often synonymous with the rural environment is a sense of a heteronormativity and pervasive homophobia. Despite stories of gay men fleeing rural, conservative areas for larger, more accepting cities, not all men have chosen to leave. Some have chosen to quietly maintain their identity, modifying their sexual schemata in response to the desire to stay within the rural cultural environment. It is known that homophobia and stigmatization of same-sex sexual acts regulate a person's ability to be open about their sexual encounters, but exactly how they influence the daily lives of down low men who have sex with men (MSM) …


The Signifying Power Of Pearl, Jane Beal Jan 2012

The Signifying Power Of Pearl, Jane Beal

Quidditas

The spiritual language, Ovidian love stories, and use of liturgical time in Pearl all invite allegorical interpretations of the poem. While there is clearly a literal, elegiac sense to the poem, there are also allegorical meanings. This makes perfect sense in light of the tradition of four-fold scriptural and literary interpretation in the Middle Ages, which the Pearl-Poet clearly used to understand biblical parables and compose his poetic masterpiece. The poet’s use of metaphoric language, memory of the legends of Orpheus and Eurydice and Pygmalion and Galatea, and astute interweaving of parables from the church liturgy alongside invocations of the …


"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss Jan 2012

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Publications

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …


Diesen Kufl Der Ganzen Welt!: Locating German Enlightenment Through The Idea Of Tolerance, Paul E. Kerry Jan 2012

Diesen Kufl Der Ganzen Welt!: Locating German Enlightenment Through The Idea Of Tolerance, Paul E. Kerry

Religion in the Age of Enlightenment

Where does one find the German Enlightenment? General surveys and otherwise highly serviceable scholarly readers on the Enlightenment tend to neglect it. A recent book on the German Enlightenment by T. J. Reed observes that for many outside Germany, including scholars, the connection Aufklarung und deutsch (Enlightenment and German) is almost paradoxical. Why should this be so? One explanation is that the German Enlightenment is overshadowed by the French Enlightenment. A second explanation is that late-nineteenth-century Germany is associated with a turn away from Enlightenment ideas, in part a countervailing reaction to the terror of the Napoleonic Wars and French …


Religion, Evolution, And Sensibility: Vico And Hume On The History Of Religion, Horace L. Fairlamb Jan 2012

Religion, Evolution, And Sensibility: Vico And Hume On The History Of Religion, Horace L. Fairlamb

Religion in the Age of Enlightenment

Whereas Eastern religions are typically defined by their practices, Western religions are identified by their theological histories, beginning with the covenant between God and Abraham. These theological histories chart a cultural progress marked by divine intrusions or revelations. In contrast, modern secular histories suggest that nature, humanity, and knowledge are progressing without the need for supernatural intervention. Moreover, while traditional religions typically claimed that ultimate truth had already been revealed, Enlightenment progressivism holds that truth is not yet absolutely known, that knowledge is still evolving, and that further progress in truth depends only on natural reason. With the coming of …


Defending The King And His Kingdom, Louis C. Midgley Jan 2012

Defending The King And His Kingdom, Louis C. Midgley

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

Some vocal cultural Mormons, busy asking themselves “why stay,” claim that it is not at all probable that there is a God, or that there even was a Jesus of Nazareth. They also ridicule the Atonement. In the language of our scriptures they are an tichrists—that is, they deny that there was or is a Christ. Being thus against the King and His Kingdom, their trumpet does not give a clear sound; they are clearly against the one whom they made a solemn covenant to defend and sustain. Instead of seek ing diligently to become genuine Holy Ones or Saints, …


Late Quaternary Depositional Environments, Timing And Recent Deposition: Narragansett Bay, Rhode Island And Massachusetts, Bryan Andrew Oakley Jan 2012

Late Quaternary Depositional Environments, Timing And Recent Deposition: Narragansett Bay, Rhode Island And Massachusetts, Bryan Andrew Oakley

Open Access Dissertations

Glacial Lake Narragansett, which occupied much of the southern portion of Narragansett Basin during Late Wisconsinan deglaciation, and was contiguous with glacial lakes in Rhode Island Sound and Block Island Sound, is the focus of this study. This dissertation examines the deposits of glacial lakes to develop a history of deglacial chronology, isostatic rebound, and climate change across the glaciated northeast. All of these issues are addressed in this dissertation. This work synthesizes the Late Wisconsinan deglacial evolution of Glacial Lake Narragansett using digital elevation models, sub-bottom seismic reflection, ground penetrating radar profiles, sediment cores and borehole stratigraphy. The impetus …


Cultural Sites As Platforms For Environmental Characterization Of Marine Landscapes, Michael Lee Brennan Jan 2012

Cultural Sites As Platforms For Environmental Characterization Of Marine Landscapes, Michael Lee Brennan

Open Access Dissertations

Our ability to understand and interpret archaeological data collected from the excavation of an archaeological site is constrained by our capacity to investigate it. This is often limited by our understanding of the surrounding environment and the modern landscape. This dissertation is composed of three separate studies, each of which examines the environmental and oceanographic contexts of archaeological sites using geophysical and geochemical analyses. The focus of these case studies is to initiate the process of determining the oceanographic and geological histories of the modern sites. Viewing sites from their abandonment to the present day provides an understanding of the …


Fugitive Emissions: The Marcellus Shale And The Clean Air Act, Joseph Minott, Jonathan Skinner Jan 2012

Fugitive Emissions: The Marcellus Shale And The Clean Air Act, Joseph Minott, Jonathan Skinner

Publications

No abstract provided.


Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff Jan 2012

Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff

Publications

Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians "racial or political?" If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories "tribe" and "tribal member" are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …


The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said Jan 2012

The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said

Publications

This Article, written in conjunction with Transnational Law and Contemporary Problems' 2011 Symposium on Ten Years After 9/11: Rethinking Counterterrorism, stemmed from a panel that examined "how the United States and other Western countries receive Islamic culture in their societies and how they export their Western cultures to the Islamic world, in each case to assess the degree to which their cross-cultural behaviors mitigate or worsen anti-Western terrorism from the Middle East and Central/South Asia and to recommend solutions if needed."' This contribution focuses on the criminal terrorism prosecution in the United States, and takes up the panel's theme by …


Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick Jan 2012

Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick

Faculty Publications

We have entered an era in which potentially harmful expression can be distributed around the world in an instant. In the emerging global theater, speakers and audiences are connected through new and proliferating media; communicative space and time are compressed to an extraordinary degree; domestic expression can implicate national security and foreign affairs concerns; and a new model of global information dissemination is developing in which speakers are sometimes located beyond the jurisdiction of nations that may be harmed by their communications and disclosures.

This Article examines the First Amendment complexities associated with the dissemination of potentially harmful information in …


Interstate Competition And The Race To The Top, Jonathan H. Adler Jan 2012

Interstate Competition And The Race To The Top, Jonathan H. Adler

Faculty Publications

Federalism is an essential part of the Constitution’s design. The division of sovereign power between the States and the federal government helps foster interjurisdictional competition, which, in turn, checks government power. Provided a right of exit is maintained, the excessive imposition of economic burdens in one jurisdiction will cause taxpayers and businesses to flee to other jurisdictions. For this reason, federalism often is seen as a friend of the free market.

Provided states cannot externalize the costs of their own policy choices, robust interjurisdictional competition facilitates the enactment of better public policy at the state level. Rather than inducing a …


Demons Of Change: Transformational Role Of The Antagonist In The Apocalypse Of Abraham, Andrei Orlov Jan 2012

Demons Of Change: Transformational Role Of The Antagonist In The Apocalypse Of Abraham, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.


Purpose As Content And Pedagogy: Rationale-Development As A Core Theme Of Social Studies Teacher Education, Todd Stevenson Hawley Jan 2012

Purpose As Content And Pedagogy: Rationale-Development As A Core Theme Of Social Studies Teacher Education, Todd Stevenson Hawley

Journal of Inquiry and Action in Education

Grounded in a belief in the transformative possibilities of social studies teacher education, I present an argument for considering the development of purpose as both content and pedagogy of social studies teacher education. As part of developing a coherent pedagogy of rationale-based social studies teacher education, I begin by exploring the influence of competing conceptions regarding the purpose of social studies teaching and learning on the work of social studies teacher educators. Next, I consider three distinct paths social studies teacher educators have taken to prepare teacher candidates for content and pedagogical decision-making as first-year teachers. While each has potential, …


The Granite, 2012, University Of New Hampshire Jan 2012

The Granite, 2012, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-


Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth, Ryan Seelau Jan 2012

Regaining Control Over The Children: Reversing The Legacy Of Assimilative Policies In Education, Child Welfare, And Juvenile Justice That Targeted Native American Youth, Ryan Seelau

American Indian Law Review

No abstract provided.


Native American Graves Protection And Repatriation Act: Requiring Federal Recognition Digs Its Own Grave, Laura Ruth Talbert Jan 2012

Native American Graves Protection And Repatriation Act: Requiring Federal Recognition Digs Its Own Grave, Laura Ruth Talbert

American Indian Law Review

No abstract provided.


How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao Jan 2012

How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao

American Indian Law Review

No abstract provided.


Disclosure And Cross-Listing: Evidence From Asia-Pacific Firms, Li Li Eng, Qianhua Ling Jan 2012

Disclosure And Cross-Listing: Evidence From Asia-Pacific Firms, Li Li Eng, Qianhua Ling

Accounting Faculty Research and Publications

Purpose – The purpose of this paper is to examine whether both country disclosure environment and firm-level disclosures are associated with cross-listing in the USA or London or otherwise.

Design/methodology/approach – The authors test the association using a sample of Asia-Pacific firms covered in the Standard and Poor's, 2001/2002 disclosure survey, capturing the country-level disclosure using the Center for International Financial Analysis and Research (CIFAR) score. The firm-level disclosure is measured using the S&P disclosure score. The authors conduct a logistic regression analysis and a two-stage least squares analysis to examine whether the outcome, cross-listing or not, is associated with …


Meeting At Middle Ground: American Quaker Women’S Two Palestinian Encounters, Enaya Othman Jan 2012

Meeting At Middle Ground: American Quaker Women’S Two Palestinian Encounters, Enaya Othman

Arabic Languages and Literatures

In the late nineteenth century the Palestinian town of Ramallah began receiving American missionary women who embodied their middle-class ideology of womanhood and ventured to discourse on Arab women and culture. Their conviction of the American woman as the model for other “unfortunate” women prevented these missionaries from integrating in the Palestinian cultural context. Consequently, this americentric belief led them to construct overwhelmingly negative views of Palestinian women as oppressed, living in ignorance and degraded conditions, and of Arab culture as backward and inept. However, American women missionaries after World War I grew in their cultural and linguistic understanding of …


2012-2013 Undergraduate Catalog, Morehead State University Jan 2012

2012-2013 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2012-2013 undergraduate catalog for Morehead State University.


Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye Jan 2012

Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye

Vanderbilt Journal of Entertainment & Technology Law

The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if …


The Romantic Collective Author, Margaret Chon Jan 2012

The Romantic Collective Author, Margaret Chon

Vanderbilt Journal of Entertainment & Technology Law

Although the romantic collective author is a much more elusive creature than its romantic individual counterpart, it can be discerned amidst the proliferation of expression on the Internet. This Article first outlines the ways in which the romantic author effect operates through both its genius and its arbiter prongs within collaborative authorship practices in digital networks. It next turns to scientific collaboration, where this author effect is attenuated, to assess whether scientific authorship practices might contribute to a more realistic and less romantic understanding of expressive authorship practices. A subsequent case study of collaborative digital authorship by Wikipedia contributors uncovers …