Digital Commons Network^™

Expanding Stare Decisis: The Role Of Precedent In The Unfolding Dialectic Of Brady V. Maryland, Colin Starger

All Faculty Scholarship

Does stare decisis constrain the expansion of constitutional doctrine? Does existing precedent preclude the Supreme Court from expanding a criminal defendant’s right to exculpatory evidence? While commentators frequently clash on when stare decisis should prevent the Court from overruling its own precedents, the question of when fidelity to precedent should inhibit doctrinal expansion is surprisingly under-theorized. This Article begins to fill this gap through an in-depth case study of stare decisis and the expansion of criminal due process doctrine.

This Article analyzes the longstanding constitutional dialectic between procedural and substantive schools of criminal due process. Focus is on Brady v. …

Special Education 2012 Apr Self-Study & Documents, University Of New Mexico

UNM Academic Program Review

UNM Special Education APR self-study report, review team report, response to review report, and initial action plan for Fall 2012, fulfilling requirements of the Higher Learning Commission.

The Bridge Fall 2012 Vol. 53 No. 2, Harding School Of Theology

The Bridge

No abstract provided.

Full Issue, Journal Of East Asian Libraries

Journal of East Asian Libraries

No abstract provided.

Description Of East Asian Seal Impressions As Metadata, Sachie Kobayashi

Journal of East Asian Libraries

No abstract provided.

Sound Studies: Voice And Aurality In The Theatre, Patrick Michael Finelli

Theatre and Dance Faculty Publications

The aural aspect of performance has emerged as a unique topic for theatre research at a time of technological advancement, providing a distinctive entry point for historical analysis while raising important theoretical questions about recording, reproduction, the interplay of live and recorded sound onstage, and the act of listening itself. Until relatively recently, “sound studies” as a research focus has been a minor grace note in the composition of theatre studies. Historically, theatre scholarship has referred to the speaking actor, the literary voice of the playwright, the metaphorical voice of the age, or an unseen psychological voice—all of which have …

Educator's Perceptions Of The Implementation And Effectiveness Of Response To Intervention Measures, Sheila Stepp Nugent

Doctoral Dissertations

The purpose of this study was to investigate teachers' and administrators' perceptions of the implementation and effectiveness of Response to Intervention (RTI) strategies in their schools. The study used a mixed-methods research design. Data were collected through multiple-choice and open-ended surveys administered to elementary English language arts general education teachers, special education teachers in Kindergarten through fifth grade, and administrators in seven elementary schools. Quantitative data were analyzed using the Mann-Whitney U and Kruskal-Wallis Analysis of Variance of Ranks. Qualitative data were analyzed by the researcher to determine similarities and differences among the written responses. All data were gathered during …

Principals' Concerns Regarding The Implementation Of Change, Theresa Diana Pelfrey

Doctoral Dissertations

The purpose of this study was to investigate the Stages of Concern (SoC) that school principals have toward change and then report participants' behavior relevant to their Level of Use (LoU) of an innovation. An understanding of principals' concerns regarding change suggested a variety of factors that impede educational leaders' implementation of innovations and change within the school environment.

The researcher studied principals' perspectives regarding change implementation in the course of their daily administrative activities. Although many principals are aware and knowledgeable of the current standards for school leadership, difficulties arise when innovations and change are implemented. This study was …

Teaching Autoethnography, Lauren Ashley White

All Capstone Projects

This project reviews the literature of autoethnography. A syllabus and course materials for a workshop on autoethnographic methods is presented.

The Concept And Perception Of Peace Education In Gilgit Baltistan Pakistan: A Comparative Case Study, Abida Begum

Professional Development Centre, Gilgit

In the geographically remote culture and context of Gilgit Baltistan Pakistan, this study explores the perceptions and practices of peace education by two secondary school head teachers (one in a relatively urban area and another in a rural area), as well as three additional teachers from each school. A qualitative, interview-based research approach is employed. The concept of peace education is related by the interviewed teachers to the inculcation and development of positive thinking and positive attitude among students. This positivity is seen as instrumental for the holistic development of the children, and ultimately, for the cultivation of a peaceful …

Faculty Senate Newsletter, October 2012, Louisiana State University And Agricultural & Mechanical College

LSU Faculty Senate Publications

Message from President: “Diversity” is one of those words that can carry diverse meanings. As one story in this issue of the Newsletter reports, LSU A&M’s diversity office is making a salutary move by the introduction, in its annual report, of numerous colorful icons representing the many diversities that the world has to offer. That modern, dispersed diversity contrasts with the more centripetal sort that attracted attention earlier in Louisiana’s history, when higher education institutions sought primarily and specifically to remedy past injustices through outreach to African-American student and faculty cadres. The flexibility of the term “diversity” comes in handy …

Utpa Stats At A Glance - Fall 2012, University Of Texas Pan American

UTPA Archives - Stats At A Glance

No abstract provided.

Utpa Commencement – Fall 2012, University Of Texas-Pan American

Edinburg Archives - Legacy Commencement Programs

No abstract provided.

Motions 2012 Volume 49 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín

University of Miami Inter-American Law Review

No abstract provided.

Cajuns (Research Report #118), Crystal Paul, Amanda Cowley, Mark J. Schafer

LSU AgCenter Research Reports

This review discusses the experiences of Cajuns in the region. Acadians, or Cajuns, are a unique group of people who now reside primarily in 22 parishes in south Louisiana and are often characterized by their unique culture.

Bahraini Women In The 21st Century: Disputed Legacy Of The Unfinished Revolution, Magdalena Karolak

Journal of International Women's Studies

The role of women in the Arab Spring uprisings requires special attention. Indeed, women participated alongside men in recent political movements and were actively involved in shaping the outcomes of these processes. The case of Bahrain is especially interesting. Even though the Bahraini “Day of Rage” movement was ultimately marginalized at large, it had unlikely consequences for Bahraini women. As female empowerment has been a high priority on the government’s agenda, participation of women in the public sphere serves important functions and in the aftermath of Bahraini uprising it got an additional boost. The aim of this paper is to …

How Nations Share, Allison Christians

Indiana Law Journal

Every nation has an interest in sharing the gains they help create by participating in globalization. Citizens should be very interested in discovering how well their governments fare in claiming an adequate share of this international income stream, since a government that cannot or will not exert its taxing jurisdiction internationally is potentially missing out on a very large and very productive source of revenue. Yet it is all but impossible for citizens to observe exactly how, or how well, their governments navigate this aspect of economic globalization. The vast majority of international tax law plays out in practice through …

Through Smoke And Mirrors: Constructing Identity Between The Myths Of Black Inferiority And A Post-Racial America, Gwyneira Yvette Dixon Ledford

College of Graduate Studies: Theses & Dissertations

This dissertation is an inquiry into my life. It is an exploration of my lived experience as an African American female negotiating through traditions in Southern culture and societal pressures to create a positive identity. Using autobiographical narrative (Connelly, He, & Phillion, 2008, Pinar, 2008) as a methodology and Black Feminist Thought (Collins, 2000), double consciousness (DuBois, 1903), and the Nigrescence Theory of black identity development (Cross, 1991) as the theoretical framework, I examine my experiences from childhood to adulthood. Through these narrations, I note paradigm shifts in my thinking that identify the psychological struggles between feeling racially inferior and …

Authenticity And Identity-Making In A Globalized World: Capoeira In Boston And New York, Madeline L. Bishop

Honors Theses and Capstones

No abstract provided.

State Of The Nation: K-12 Online Learning In Canada, Michael K. Barbour

Education Faculty Publications

This is the 5th edition of the State of the Nation: K–12 Online Learning in Canada report. The purpose of this annual investigation is to describe the policies and regulations that govern K–12 distance education in each of the thirteen Canadian provinces and territories. The study is also designed to survey the level of K–12 distance education activity across the country.

“What Need Is There Of Words?” The Rhetoric Of Lű'S Annals (Lűshi Chunqiu), Mary M. Garrett

Communication Faculty Research Publications

This essay introduces Lű's Annals (Lűshi chunqiu), a classical Chinese text with a wealth of material on rhetoric. Not only does the text evaluate numerous examples of persuasion and sophistry, it also lays out a system of rhetorical precepts grounded in a distinctive ontology, that of correlative cosmology. After outlining the cosmology, epistemology, and theory of language of Lű's Annals, I trace how these shape its rhetorical theory and practices. I then consider how the text itself works as a persuasive artifact in the light of its own strictures. The essay closes with some reflections on why this valuable resource …

Department Of Mathematical Sciences Newsletter, Fall 2012, University Of Montana--Missoula. Department Of Mathematical Sciences

Newsletters from the Department of Mathematical Sciences at UM

Mathematics Students Claim Five of Eight Noyce Scholarships / Bonnie Spence -- Remembering Professor Myers -- Math Professor Publishes New Text on Matroid Theory / Mary Riegel -- Notes From the Chair / Leonid Kalachev -- Former Student Publishes MAA Book / Mark Kayll -- Solution to the Problem in the Bill Derrick Article / Greg St. George -- International Exchange in Ethiopia / Solomon Harrar -- Alumni Reply Form -- Mark Kayll Wins Allendoerfer Award

English Education 2.0: An Analysis Of Websites That Contain Videos Of English Teaching, Michael Sherry, Robert Tremmel

Teaching and Learning Faculty Publications

In this article, we address how websites intended for ELA teachers encourage user participation and what kinds of English education these sites promote or exclude. We selected sites based on assumptions drawn from interactional sociolinguistics as well as additional criteria that developed during our search. Our analysis focuseson the George Lucas Foundation’s Edutopia.org as a central example, as well as five other sites with various similar features. Together, these sites promote a progressive, situated, project-based vision of English teaching, and they may serve as both venues and models for how English teacher educators who share that vision can reach a …

International Relations In The Post-Industrial Era [Rephrasing The Third World], Owen Mordaunt

International Dialogue

Arthur Natella begins his book by stating that the concept of the “Third World” is out of date. The dominant attitude is that Third World people would to see things as they are seen by First World nations and do things their way if they are better educated. But the standard for measuring social values, according to Natella, is outdated, for various reasons. Among these is the fact that the United States is a debtor nation. Secondly, it is no longer a “manufacturing-based society” but one that is “service-based” or an “information-gathering nation, with its advanced technology often more geared …

Images Of Muslims In Evangelical Christian And Secular Right-Wing Discourse, Kristian Steiner

International Dialogue

This is a comparative content analysis of the construction of Islam and Muslims in two Swedish publications—the newspaper Världen idag and the journal SD-Kuriren, the official organ of the Sweden Democrats—representing the Swedish Evangelical Christian right and the Swedish political right, respectively. The aim is to see both agreement and differences in their Muslim-related discourse from 2006–2007. Both news products share basic assumptions about Muslims and Islam. The main theme in the editorials and articles is the Muslim threat, in some cases combined with a Western retreat. Världen idag also focuses on Islam’s alleged incompatibility with democracy. In both media …

Contingency, Hegemony, Universality: Contemporary Dialogues On The Left, Leonard Harris

International Dialogue

Three concepts occupy each author: universal features of human nature, hegemonic social conditions, and social identities considered as universal kinds. The authors present their individual views and note where they are in agreement and address differences. The result is an intellectual conversation among the authors that takes the reader through fascinating ideas and distinctions; ideas and distinctions that have continued to occupy the authors since the publication of their conversation.

Health Insurance And Federalism-In-Fact, Radha A. Pathak, Brendan S. Maher

Faculty Scholarship

The constitutional legitimacy of the Patient Protection and Affordable Care Act (“ACA”) received substantial attention. Less examined has been the legislation’s sub-constitutional effect on the regulatory power that states can and might exercise. Regarding a state's ability to promulgate "sickness rules," (those legal rules pertaining to the conditions or treatment an insurance policy covers) and "non-sickness" rules (those legal rules pertaining to insurance other than sickness rules), we scrutinize the ACA itself and contrast it with the other most significant statute governing private health insurance, the Employee Retirement Income Security Act of 1974 (“ERISA”). The authors would like to thank …

Intermodality In Teaching Writing, Margarette Christensen

Department of English: Dissertations, Theses, and Student Research

This dissertation articulates a writing pedagogy based on a theory of intermodality to help writing instructors navigate the affordances and challenges of multimodal composition. Drawing from recent discoveries in neuroscience about how the brain makes meaning, I situate this pedagogy of intermodality – literally, “between the modes” – within the Rhetoric and Composition traditions of embodied rhetoric and visual/multi-sensory rhetoric. A pedagogy attuned to intermodality capitalizes on how the senses (“modes”) work together to create meaning when composing with sound, image, movement, and text. In addition to the five senses, intermodality also incorporates the cultural, social, and material aspects of …

The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray

Law Faculty Scholarly Articles

The Great Recession of 2008 and onward has drawn attention to the American economic and financial system and has cast a critical spotlight on the theories, policies, and assumptions of the modern, neoclassical school of law and economics-often labeled the "Chicago School"-because this school of legal economic thought has had great influence on the American economy and financial system. The Chicago School's positions on deregulation and the limitation or elimination of oversight and government restraints on stock markets, derivative markets, and other financial practices are the result of decades of neoclassical economic assumptions regarding the efficiency of unregulated markets, the …