Digital Commons Network^™

Contract As Pattern Language, Erik F. Gerding

Washington Law Review

This essay examines how patterns enable the transformation of contractual provisions into contracts, contracts into transactions, and transactions into markets. Although contract design patterns are broader than contract boilerplate (as described in Part II.C. below), some of the extensive legal scholarship on boilerplate19 helps explain how contract patterns generate agreements, transactions, and markets. The work of Henry Smith on the modularity of contract boilerplate proves particularly useful in this regard. Contract patterns perform several functions. Contract patterns break complex problems and bargains into components. Attorneys can then repeatedly apply these particular solutions to similar problems. Patterns also serve as heuristics …

Vol. 36 No. 3 (2013): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US $26.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, …

Vol. 36 No. 3 (2013): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Front Matter for the Vol. 36, No 3-Dec 2013 edition of the Pacific Studies Journal.

Cultural Adaptations Of American Teachers In International Schools, David J. Alban

Dissertations

Global competition of academic aptitude between countries has sparked policymakers’ concerns with the performance of the United States educational system leading to many educational reforms that direct educators to diversify their instruction to meet the needs of all students. Advances in technology and travel allow people to interact with other cultures creating more globalized societies. These two converging issues place a greater significance on educators to understand the interplay between culture and their teaching practices.

Literature reveals that the influence of home and community cultures affects the learning behaviors of students (Davis-Kean, 2005: Wang, Beras, & Eberhard, 2005; Sigel, Stinson, …

A Qualitative Study Of Counselors Who Work With Spanish-Speaking Clients: Implications For Counselor Training And Practice, Daniel Rolando Romero

Dissertations

The Spanish-speaking population in the United States is growing. As the population grows, need for competent mental health services may also expand. Counselors are currently underprepared to provide these services (Furman, 2006; Lebrón-Striker, 2012). The purpose of this qualitative study was to examine the experiences of counselors who work with Spanish-speaking clients, focusing on their motivations, preparation and work experiences, and recommendations for counselor education.

Two groups were selected for this phenomenological study: Counselors who use interpreters (CWUI) and counselors who do not use interpreters (CWDNUI). Themes that emerged related to motivation included helping others, inspirational and affirmative experiences, vocational …

The Impact Of Institutional Culture On Student Activism: A Multi-Case Study In Christian Higher Education, Brian E. Cole

Dissertations

This study contributes to the description and meaning of student activism within the context of Christian college environments and cultures, and is interpreted through the sociological concept of symbolic interactionism. The purpose of this study is to help fill the void in the literature on student activism at Christian colleges and universities, positioning it within literature of broader Christian culture and activism, Christian higher education, generational history of college student activism, and student development theories and leadership models. The goal of the study is to help create an understanding of how students at Christian institutions understand and engage in activism …

The Journey To Becoming-Authentic From The Voices Of Nursing Students Living With Attention Deficit Hyperactivity Disorder, Sheryl Lynn Allen

Dissertations

Research and literature on nursing students living with attention deficit hyperactivity disorder (ADHD) in higher education is deficient in supporting the needs of a growing population. The aim of this study sought to uncover the essence of nursing students’ experiences through a hermeneutic phenomenological approach and promote deeper understanding of the meaning of lifeworld experiences through the lens of critical social theory (CST). CST sustains freedom from ideological restraints to allow exploration into individual experiences. The voices of student participants provide the medium for articulating meaning. An integrative approach using van Manen’s (1990) and Munhall’s (2012) methods guided this study. …

Group Empowerment Capacity And Capability In Schools Of Nursing, Mary Louanne Friend

Dissertations

Nursing education is experiencing rapid changes as nurses are expected to transform and lead health care delivery within the United States. The ability to produce graduates who can promote a culture of safety, and provide patient centered care in collaboration with others will require nursing administrators and faculty who are empowered and able to achieve goals. The Sieloff Theory of Group Empowerment within Organizations (Sieloff & Bularzik, 2011) provided the theoretical basis for this exploratory correlational study examining group empowerment capacity and empowerment in administrators and faculty within the United States. Empowerment was conceptualized as the ability of the group …

Intertextuality In Kurosawa's Film Adaptation Of Dostoevsky's The Idiot, Saera Yoon

CLCWeb: Comparative Literature and Culture

In her article, "Intertextuality in Kurosawa's Film Adaptation of Dostoevsky's The Idiot" Saera Yoon analyzes the role intertextuality plays in the adjustments Akira Kurosawa made when he translated the classic novel by Dostoevsky onto screen. Kurosawa's 白痴 (Hakuchi), a film adaptation of Dostoevsky's The Idiot, has been the subject of mixed reviews. While some consider the film a successful adaptation that captures the spirit of the original, others criticize Hakuchi for its overly faithful rendition of the novel. What has been missing is an investigation of Kurosawa's filmic strategy. Yoon examines the transposition of a chronotope …

Biz Of Acq--Pda, Ebooks, Print Books Usage And Expenditures: Knowledge Ecosystem Remix, Antje Mays, Michelle Flinchbaugh

Against the Grain

No abstract provided.

Little Red Herrings--We Have Met The Enemy, And He Is Us, Mark Y. Herring

Against the Grain

No abstract provided.

Mcsweeney's And The Challenges Of The Marketplace For Independent Publishing, Katrien Bollen, Stef Craps, Pieter Vermeulen

CLCWeb: Comparative Literature and Culture

In their article "McSweeney's and the Challenges of the Marketplace for Independent Publishing" Katrien Bollen, Stef Craps, and Pieter Vermeulen argue that the artistic projects of the US-American author, activist, and editor Dave Eggers are marked by a tension between the desire for independence and the demands of brand-building. The article offers a close analysis of the materiality and paratexts of one particular issue of McSweeney's, the literary magazine of which Eggers is the founding editor. Both the content and the apologetically aggressive tone of Eggers's editorial statements betray a deep unease with the inability to inhabit a …

Ordinary Effort, John Mcmahon

Boise State University Theses and Dissertations

The thesis is primarily concerned with how the search for knowledge is driven by a quest for certainty, resulting in a compulsion to fix knowledge in explicit rules and procedures. Rather than producing a satisfactory sense of stability, this produces comedy and tragedy as human endeavors play out against a backdrop of arbitrary structure.

Three videos explore this problem through the lens of professional sport, where the quest for certainty is evaluated against the application of rules, against rules governing the action of the body, and against the attempt to circumvent the rules. Theoretical background is provided by examining the …

Adolescent Self-Disclosure And Father Involvement Transactions Across Early To Midadolescence, Stephanie Blickfeldt

Theses and Dissertations

This study investigates the transactional relationship between father involvement and adolescent self-disclosure from early to midadolescence. Four hundred and ninety-six adolescents reported on their general self-disclosure to fathers, and mothers reported on father involvement behaviors and maternal involvement behaviors at ages 11, 13, and 15. Results from a longitudinal cross-lagged model indicated a unidirectional relationship from father involvement to child self-disclosure in both early and midadolescence, and a transactional relationship from adolescent self-disclosure to father involvement in early adolescence. A multiple group analysis by gender revealed that both unidirectional and transactional relationships were significant for boys only. Future research efforts …

The Effect Of Marriage On Stage At Diagnosis And Survival In Women With Cervical Cancer, Sanae El Ibrahimi

UNLV Theses, Dissertations, Professional Papers, and Capstones

Marriage is associated with improved health outcomes for many conditions. Married persons enjoy financial stability, social and emotional support, and tend to have better control of health risk behaviors compared to the unmarried. The marriage scene is changing continuously. Americans are marrying less or delaying the engagement to an older age. They are divorcing more, they choose cohabitation as an alternative to marriage, or engage in premarital relationships. As a consequence, barely half of Americans were married in 2011 compared to close to three quarters of Americans were married in the sixties. With the increase of the unmarried population - …

Media Bias Through Facial Expressions On Local Las Vegas Television News Programs: A Visual Content Analysis, Jessica Zimmerman

UNLV Theses, Dissertations, Professional Papers, and Capstones

Trust in news media has been considered an important base for social order and cohesion in society and is a crucial variable for evaluating news media. Media credibility has been questioned by the audience for some time and the audience's trust in the media has been slowly diminishing over the years. When a news broadcaster communicates a story on local television news, it is possible for his own opinions to leak through nonverbal communication, specifically facial expressions. This thesis explores the six local Las Vegas television news stations' anchors and reporters to visually analyze whether facial characteristics reveal media bias …

Democracy In Postmodern America: Why The Postmodern Worldview Is Incompatible With America's System Of Society And Government, Peter A. Bigelow

Selected Honors Theses

No abstract provided.

Cross-Reporting Of Interpersonal Violence And Animal Cruelty: The Charlotte Project, Dennis D. Long, Shanti J. Kulkarni

The Journal of Sociology & Social Welfare

The overlapping nature of interpersonal violence and animal cruelty is well established, however historically each issue has been addressed by distinct and separate protective systems. An innovative community-based project is described that utilized crosstraining as a mechanism to foster collaboration between human services and animal control agencies. Findings are useful for professionals and community stakeholders interested in facilitating the cross-reporting of interpersonal violence and animal cruelty.

Environmental Beliefs And Concern About Animal Welfare: Exploring The Connections, Catherine A. Faver

The Journal of Sociology & Social Welfare

An online survey examined environmental beliefs and concern about animal welfare among 105 social work students in the U.S.- Mexico border region. Environmental beliefs were measured using items from the revised New Ecological Paradigm (NEP) Scale (Dunlap, Van Liere, Mertig, & Jones, 2000). Higher concern about animal welfare was significantly related to three dimensions of the revised NEP Scale: (1) belief in the fragility of nature's balance, (2) belief in the possibility ofan ecological crisis, and (3) rejection of the notion that humans have a right to dominate nature (anti-anthropocentrism). The findings suggest that by making explicit connections between the …

A Critical Examination Of Green Economic Development As A Post-Disaster Recovery Approach: The Case Of Greensburg, Kansas 2007-2012, David Edgardo Leiva

Master's Theses

In May 2007, an EF-5 tornado ripped through and annihilated 95% of Greensburg, Kansas, a town of about 1,500 people in the southwestern portion of the state. On the heels of the disastrous Hurricane Katrina federal response and with the promise of two sitting presidents to use all of the federal support available, the town vowed not only to "survive, but thrive." Months later, Greensburg civic, business and elected leaders - with a host of external expertise - unveiled a recovery plan that not only set in motion the rebuilding of the two-square mile town but also offered the opportunity …

All The Web's A Stage: The Dramaturgy Of Young Adult Social Media Use, Jaime R. Riccio

Theses - ALL

This study presents an in-depth, qualitative examination of dramaturgy in young adult interactions on the social networking sites, Facebook and Twitter. The dramaturgical perspective introduced by Erving Goffman in the study of sociology and symbolic interactionism is applied to a new media setting, wherein the interpersonal interactions of users are influenced by a mass media context. The author ventures into the field of dramaturgy as part of a broader sphere of hyperdramatic acculturation that millennials are growing up in, with constant access to one another through social media and the prevalence of dramatic and attention-seeking behaviors in entertainment media. A …

The Conceptions And Practices Of Motherhood Among Indo-Caribbean Immigrant Mothers In The United States: A Qualitative Study, Darshini T. Roopnarine

Dissertations - ALL

No abstract provided.

Ebbing Winds: Life Rituals At Home And Abroad, Asya Fergiani

HIM 1990-2015

The intent of this thesis was to write a memoir of my five month trip to Libya that explores cultural differences through my experiences as an American with Western ideals. This memoir is focused on the cultural norms of marriage in the rural town of Msalata, in the central rural farming belt north of the ever expanding Sahara Desert of North Africa. My goal was to produce a work that is informational while showing the humanity of the local people through my perceptions as an outsider with different expectations. It was a time of discovery for me about the value …

The “Middle Place”: The Npr-A Impact Mitigation Program And Alaska’S North Slope, Shauna Woods

Alaska Law Review

The communities of Alaska's North Slope increasingly find themselves in a "middle place," stuck between a past to which they cannot return and a future that is fraught with uncertainty. Oil and gas development on Alaska's North Slope has resulted in environmental, cultural, and social changes that have adversely affected the communities in the area. At the same time, oil and gas leasing in the National Petroleum Reserve in Alaska, located on the North Slope, has created an important revenue source for helping those communities mitigate the impacts of development and augment their capacities for addressing future changes. In particular, …

Education On The Underground Railroad: A Case Study Of Three Communities In New York State (1820-1870), Lenora April Harris

Dissertations - ALL

In the mid-nineteenth century a compulsory education system was emerging that allowed all children to attend public schools in northern states. This dissertation investigates school attendance rates among African American children in New York State from 1850-1870 by examining household patterns and educational access for African American school-age children in three communities: Sandy Ground, Syracuse, and Watertown. These communities were selected because of their involvement in the Underground Railroad. I employed a combination of educational and social history methods, qualitative and quantitative. An analysis of federal census reports, state superintendent reports, city directories, area maps, and property records for the …

Women, Feminism, And Aging In Appalachia, Sherry Kaye Ms.

Electronic Theses and Dissertations

Aging has become a problem for men and women in Western societies where youth is touted and revered as a standard of success by which individual value is measured and esteemed. Older women in particular find that as they age they face discrimination in the form of ageism and social diminution. The purpose of the study is to remedy a lack of scholarship on aging in Appalachia and to establish a precedent for future studies. A liberal, feminist approach is used to analyze the results of recorded interviews and to interpret transcripts of relevant data. The results of the analysis …

Framing Of Business In China: East Vs. West, Xueyi Li

Electronic Theses and Dissertations

China is one of the largest and most promising markets for new global business ventures. This exploratory research investigates the current news-related themes regarding business in China by comparing news originating from eastern countries to western countries. This study applied agenda-setting and framing theoretical frameworks. A mixed-method approach of both qualitative and quantitative content analyses was used to generate key themes and their related concepts. The results indicate some thematic similarities as well as differences in agenda and news framing between eastern and western news samples. This exploratory study contributes to agenda-setting and framing literature as well as by creating …

The Effects Of Family Structure On Juvenile Delinquency, Alisha B. Parks

Electronic Theses and Dissertations

Studies show that family structure is an important factor in explaining delinquency among adolescents (Price & Kunz, 2003). There is a lack of research, however, pertaining to cohabitation. The main goals of this study are to determine if there are variations in delinquency between cohabitating and other family types, and to examine the extent to which parental social control measures account for the variation in delinquency by family structure. Data from the National Longitudinal Study of Adolescent Health (Add Health) are used for the purposes of this study (n = 4,389). While there are no significant differences in violent delinquency …

Native American Empowerment Through Digital Repatriation, Michelle L. Fitch

Electronic Theses and Dissertations

Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By …

“Between The Dream And Reality”: Divination In The Novels Of Cormac Mccarthy, Robert A. Kottage

Electronic Theses and Dissertations

Divination is a trope Cormac McCarthy employs time and again in his work. Augury, haruspicy, cartomancy, voodoo, sortition and oneiromancy all take their places in the texts, overtly or otherwise, as well as divination by bloodshed (a practice so ubiquitous as to have no formal name). But mantic practices which aim at an understanding of the divine mind prove problematic in a universe that often appears godless—or worse.

My thesis uses divination as the starting point for a close reading of each of McCarthy’s novels. Research into Babylonian, Greek, Roman and African soothsaying practices is included, as well as the …