Digital Commons Network^™

Development Principles For Virtual Archives And Editions, Peter Shillingsburg

Center for Textual Studies and Digital Humanities Publications

HRIT (Humanities Research Infrastructure and Tools) principles for developing scholarly archival and editorial digital projects. Provides explicit definitions distinguishing source documents from digital reproductions and separating scholarly enhancement (normally embedded in text files). Discusses the relation between images and transcriptions, exploring the implications of each. Explores the ways modular structures apply not only to tools and programs but to tasks and storage of products. Suggests new distinctions between essential minimal textual markup, on one hand, and all other enhancement markup on the other, arguing that the form is text and the latter should never be embedded in text because doing …

Reconstructing Fuller's Argument Against Legal Positivism, Dan Priel

Comparative Research in Law & Political Economy

The purpose of this essay is to offer a reconstruction of Lon Fuller’s critique of Hart’s legal positivism. I show that contrary to the claims of Fuller’s many critics, one can reconstruct from his work a clear and powerful argument against legal positivism, at least in the guise found in the work of H.L.A. Hart. The essence of the argument is that Fuller’s principles of legality posit that the same considerations that count for law’s excellence are relevant also for the determining what counts as law. I contrast this view with Hart’s legal positivism, which acknowledged that the principles of …

Knowledge In Development, Law And Regulation, Or How Are We To Distinguish Between The Economic And The Non-Economic?, Peer Zumbansen

Comparative Research in Law & Political Economy

This chapter explores the nature, status and role of knowledge, expertise and epistemology in the context of law & development. Placing a particular emphasis on the way that prior perceptions of the functions of the state influence the conceptualization of development policies, the chapter formulates a critique of approaches to development programs that export ‘learned lessons’ from state change and state transformation into development contexts without paying due regard to the differences in socio-economic and legal governance structures on the ground. The chapter argues against a number of existing positions with regard to the approach to be taken vis-à-vis legal …

Administrative Justice In An Interconnected World, Lorne Sossin

Comparative Research in Law & Political Economy

‘Administrative Justice in an Interconnected World’ is a compelling and elusive topic. It is my goal to discuss the extent to which administrative justice is in fact in an interconnected world or what it would take for this claim to become a reality. The claim that administrative justice is interconnected in this way is the compelling part – in other words, that the many disparate statutory tribunals, boards, agencies, commissions, etc., across the common law world, which exist in a decision-making sphere apart from both courts and government departments, and operate within different legal, political and policy cultures, share enough …

The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs

Comparative Research in Law & Political Economy

I’m going to present three quite different views of what law schools ought to be and ought to do. The first holds that their primary, if not their sole, function should be to produce "practice-ready lawyers" for today’s profession. The second is that they should produce "tomorrow’s lawyers", lawyers with the capacity to adapt to the rapidly and radically changing circumstances of legal practice. And the third is that law schools should play a leading role in the creation and transformation of legal knowledge, legal practice, and the legal system — a role that requires them to provide their students …

Lon Fuller's Political Jurisprudence Of Freedom, Dan Priel

Comparative Research in Law & Political Economy

Lon Fuller wrote extensively on freedom, but these writings are now largely unread. It is rare to find them mentioned, rarer still to see any attempt to relate their ideas to Fuller’s writings on law and legal theory. Perhaps reflecting the widely-accepted dichotomy between jurisprudence (conceptual) and political theory (normative), these works are thought irrelevant to discussions on the nature of law. Fuller himself, however, never accepted this dichotomy, so in this essay I try to offer an alternative reading of Fuller’s Morality of Law in light of his writings on freedom. I argue that Fuller’s book should be understood …

Evaluation Of Native Language Spelling In Spanish-English Speaking Students : Differences Between Dictated Spelling Tests And Free Writing Tasks, Breanna Moore

Honors Capstones

This study compares dictated spelling tests with free writing to determine which method more accurately and extensively portrays Spanish spelling ability in bilingual (Spanish-English) 3rd grade students. Participants included 34 bilingual students in a Spanish/English classroom that has instruction in English and Spanish in order to get students to minimum English proficiency levels appropriate for grade level. Results may aid educators in the collection of more appropriate evidence to identify underlying spelling pattern errors and facilitate Response to Intervention (Rtl) decisions for struggling students. While students had more opportunities to demonstrate skills in free writing tasks, dictated tests ensured that …

Modified Melodic Intonation Therapy For Aphasia, Elizabeth Di Zenzo

Honors Capstones

No abstract provided.

Central Asian Regimes Trample Women's Rights : The Effects Of Political Transition On The Status Of Women In Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, And Turkmenistan, Anastasia Kocher

Honors Capstones

The five Central Asian states have all experienced difficult economic and societal transitions following their political independence in 1992 and face uncertain futures. This is especially true with regard to the significant issue of women’s rights. Following the collapse of the Soviet Union, women began losing ground as traditional gender stereotypes returned to the newly independent countries of Central Asia. In the absence of Soviet rule, women have found themselves increasingly unable to advocate for education, equitable working conditions, and political representation. Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan have faced their individual challenges since their independence. Yet, my research recognizes …

Changing Teachers, Changing Students: Exploring Ipads In Inquiry-Based Learning, Susanna Steeg, Kristin Costley, Karin Engelman, Denise Gonzalez, Victoria Knutson, Kathy Maroni

Faculty Publications - College of Education

Educational contexts that support the complexity of in-service teacher learning around the purposeful use of technology are scarce. This qualitative case study describes a Literacy Enrichment Camp offered for traditionally marginalized elementary-aged children. Within camp, 5 teachers and 1 instructor prioritized their own and students’ inquiry-based teaching and learning around iPads. This article shares what teachers learned about themselves and the 17 students who participated in the 3-week camp. Teachers collected data through field note observations of teacher/student interactions with iPads, teacher interviews, and teacher reflection journals. Data were analyzed through constant comparative method, revealing themes of previously unrecognized teacher-resistance …

Establishing Credibility In The Information Jungle: Blogs, Microblogs, And The Craap Test, Dawn Wichowski, Laura Kohl

Library Staff Publications, Presentations & Journal Articles

No abstract provided.

Finding The Way Forward: Re-Introducing The Practice Of Discernment As A Means Of Determining God's Direction For The Church Of God Reformation Movement, Bruce W. Steffensen

Doctor of Ministry

No abstract provided.

Inside Out: The Dialogics Of Codeswitching In Ana Castillo's So Far From God And Ibis Gómez-Vega's Send My Roots Rain, Carla L. Dye

English Theses - Archive

In the process of narration, codeswitching, the use of words from one or more language by the same speaker within the same speech situation, reflects certain resistant strategies within the written text, forging a bridge to introduce alternative or alien viewpoints. Because languages develop, change, and often merge over time, reflecting societal and political shifts, the practice of codeswitching in the novel opens new spaces for interpretation, expanding the dialogic interaction within the text. Inside Out takes Bakhtin's concepts of heteroglossia and dialogism with its centrifugal and centripetal influences, and examines Ana Castillo's novel So Far From God and Ibis …

'We The Peoples': The Global Origins Of Constitutional Preambles, Tom Ginsburg, Nick Foti, Daniel Rockmore

Public Law and Legal Theory Working Papers

No abstract provided.

Sustainable Development Along International Watercourses: Is Progress Being Made, Frank Lawson

Water Law Review

No abstract provided.

Obscurity By Design, Woodrow Hartzog, Frederic D. Stutzman

Faculty Scholarship

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet — social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature.

This Article proposes that design-based solutions for social technologies benefit from increased attention to user interaction, with a focus on the …

Communicating Resilience: A Discursive Leadership Perspective, David H. Torres, Jeremy P. Fyke

College of Communication Faculty Research and Publications

In this essay we challenge whether current conceptions of optimism, hope, and resilience are complete enough to account for the complexity and nuance of developing and maintaining these in practice. For example, a quick perusal of popular outlets (e.g., Forbes, Harvard Business Review) reveals advice to managers urging them to “be optimistic,” or “be happy” so that these types of emotions or feelings can spread to the workplace. One even finds simple advice and steps to follow on how to foster these types of things in the workplace (McKee; Tjan). We argue that this common perspective focuses narrowly …

Government Disapproval Of Religion, Jay D. Wexler

Faculty Scholarship

The Supreme Court’s “Endorsement Test” for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government “endorsement” of religion, however, the test also prohibits the government from sending a message of “disapproval” of religion. The disapproval side of the Endorsement Test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …

The Appropriate Role Of Costs In Environmental Regulation, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In Whitman v. American Trucking Association, 121 S. Ct. 903 (2001), the Court held that EPA cannot consider costs in any way in setting air quality standards. The Court's opinion raises many more questions than it answers. This article discusses three of those questions: (1) which of three competing canons of constructions should courts use when they interpret ambiguous provisions in regulatory statutes; (2) how can an agency make and defend its line-drawing decisions when it is prohibited from considering costs in any way: and, (3) how can courts review an agency's decisions when the agency is prohibited from considering …

The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law's Doctrine Of Equivalents With The Fda's Bioequivalence Requirement, Janet Freilich

Faculty Scholarship

Contrary to popular perception, generic drugs often enter the market before the patents covering their brand name counterparts have expired by making slight changes to the drug to avoid the brand name patent. These generics face a paradox: the U.S. Food and Drug Administration (FDA) requires that the generic "not show a significant difference" from the reference product, while patent law requires that the generic have "substantial differences" as compared to the reference product. The generic must be bioequivalent, but not legally equivalent, to the brand name drug. This paradox occurs frequently in the courts but has never been discussed …

Another Excellent Verne Translation, Arthur B. Evans

Global Language Studies Faculty publications

No abstract provided.

A Case Study Of Principals' Knowledge Of Early Childhood Literacy, Christine Elizabeth Leblanc

Theses and Dissertations

Nationally approximately 40 percent of third grade students do not read at grade level. Principals play a critical role in providing leadership in the implementation of Response to Intervention (RtI) to ensure that students not making adequate yearly progress receive targeted instruction to address their deficiencies. The purpose of this study is to explore the experience of five principals through an investigation of their understanding of the reading process as it relates to the implementation of RtI in their schools. I specifically wish to understand: What do principals know about early childhood literacy and how do they use that knowledge …

Rewriting The Human: Death Anxiety And Posthuman Vision In Literature Since 1945, John Allen Brooks

Theses and Dissertations

ISS_para>The technology-driven years following the close of World War II provided a new lens through which the human subject could be rethought and, theoretically, improved: no longer did physical and mental shortcomings have to limit the capacity of the individual. The atomic bomb and Colossus computer, though destructive forces, pushed scientists and philosophers to consider new models of the human, including flesh/machine amalgamation and reinscription as downloadable, digital information. While these posthuman constructions promised to distance the human from its material shortcomings, especially its vulnerability to bodily decay and death, they encountered significant resistance in the twentieth century.

By …

The Evolution Of The Politics Of Genocide: Why American Efforts To Prevent And Intervene In The Sudan Failed, Shane Andrew Lesko

Theses and Dissertations

DISS_para>This thesis aims to examine and critique the United States' historical response to genocide. Beginning with the United Nations Convention on the Prevention and Punishment of the Crimes of Genocide in 1948, the author will highlight the lives of Raphael Lemkin and Senator William Proxmire in their personal crusades for U.S. ratification of the genocide ban. Culminating in a case study of the genocide in Sudan, the U.S. foreign policy towards genocide will be evaluated and charted through its evolution since 1948, through to ratification, and then at its applications in Cambodia, Iraq, Bosnia, Rwanda, and Sudan. The self-proclaimed …

“May You Live In Interesting Times”: Moral Philosophy And Empirical Psychology [Review Of The Moral Psychology Handbook], Nancy E. Snow

Philosophy Faculty Research and Publications

The Moral Psychology Handbook is a contribution to a relatively new genre of philosophical writing, the “handbook.” In the first section, I comment on an expectation about handbooks, namely that handbooks contain works representative of a field, and raise concerns about The Moral Psychology Handbook in this regard. In the rest of the article I comment in detail on two Handbook articles, “Moral Motivation” by Timothy Schroeder, Adina Roskies, and Shaun Nichols, and “Character” by Maria W. Merritt, John M. Doris, and Gilbert Harman. Both articles illustrate the perils as well as the promise of reliance on empirical studies for …

Garden As Symbol: Nature/City, Curtis Carter

Philosophy Faculty Research and Publications

My approach .to environmental aesthetics here begins with reflections on previous encounters with the subject, focusing initially on aesthetics of the city. Then follows a brief look at current theories of environmental aesthetics as they relate to nature aesthetics. The final section will consider garden as a symbolic link of nature/city. Nelson Goodman 's theory of exemplification will serve as an account of garden as a symbol linking nature and city .

A New Model: Improving Adult Experiences In The Holy Land With Effective Pre-Departure Information, Resources And Procedures, Sarah A. Loan

Capstone Collection

Since September 11, 2001, Group Travel Directors (GTD) has noted an increase in self-reported anxiety among adult travelers preparing to depart to the Holy Land. This observation has been made by long-term employees both objectively and subjectively by comparing evaluation scores, cancellation percentages, tracking numbers of phone calls from anxious travelers and through staff accounts of conversations with travelers. GTD staff reports that clients often are inclined to make rash decisions based on perfunctory judgments influenced by media coverage.

GTD has collected evaluations from adult travelers for more than twenty years in an effort to better understand traveler perceptions of …

Using Math Curriculum Based Assessments To Predict Student Performance On The Pennsylvania System Of School Assessment Math Test, Joseph H. Lucas

PCOM Psychology Dissertations

Today, a considerable emphasis is placed on students’ performance on state-wide achievement tests. In light of the mounting pressure for accountability for student academic achievement on state-wide tests, the use of curriculum-based measurement (CBM) methods for monitoring student progress, identifying students at risk for failing state tests, and identifying skill deficits to be addressed through interventions to increase student performance could prove beneficial. This study examined the relationship of the Measures of Academic Progress Math CBM (MAP) to performance on the Pennsylvania System of School Achievement (PSSA) with correlational analysis and the calculation of sensitivity and specificity indices and kappa …

Play And Treatment Outcomes In A Cognitive-Behavioral Program For Children With Anxiety: The Role Of Child Involvement And Collaboration, Enid S. Flagg

PCOM Psychology Dissertations

This study examined a mediation model of the relationship between play, process variables (child involvement and collaboration), and treatment outcome in a randomized clinical trial (RCT) of CBT for childhood anxiety disorders. Additionally, it explored the use of play in CBT for children. Participants (N=43; M age = 10.09) took part in a RCT which evaluated the effectiveness of an individual cognitive-behavioral treatment (ICBT) versus a family cognitive-behavioral treatment (FCBT), for childhood anxiety disorders. Archival data (videotaped treatment sessions) at a university based clinic for childhood anxiety disorders was coded for treatment interventions (play and cognitive-behavioral) and process variables (child …

Visualization: Seeing Contracts For What They Are, And What They Could Become, Thomas Barton, Gerlinde Berger-Walliser, Helena Haapio

Faculty Scholarship

Commercial contract users read their contract documents infrequently, and understand them inadequately. The disincentives may be several: contract language may be too technical and too long; contracts may be organized around ensuring or avoiding legal liability rather than providing guidance toward performing contractual responsibilities; or contracts may rarely include frameworks that would prompt the parties to explore new opportunities. For whatever reason, the neglect by users of contractual documents can lead not only to unpleasant surprises in the performance or enforcement of particular contractual duties, but also to chronic underuse of contracts as potential instruments for planning, innovation, commercial relationship-building …