Digital Commons Network^™

The Federal Arbitration Act As Procedural Reform, Hiro Aragaki

Faculty Scholarship

Recent Supreme Court decisions such as American Express v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), and AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), represent dramatic developments with implications that extend far beyond the arbitration context. These decisions are a product of what the author refers to as the “contract model” of the Federal Arbitration Act (FAA). Heretofore largely unquestioned, the contract model posits the FAA’s original and dominant purpose as the promotion of private ordering in dispute resolution, as free as pos- sible from state regulation. The model has, in turn, helped courts and commenta- tors …

The Relevance And Adequacy Of The Ashanti Regional Library, Kumasi, Ghana: An Appraisal By Users, Kwaku Agyen-Gyasi, Hagar Atta-Oteng

Library Philosophy and Practice (e-journal)

Public libraries provide resources and services in a variety of media to meet the needs of users for education, information and personal development. The provision of quality information will always have a positive impact on the patronage of these libraries. This is because the users’ ability to access relevant information and make effective use of them to a large extent determines their willingness to visit the library in question. This paper assesses the relevance and adequacy of public library resources at the Ashanti Regional Library in Kumasi. Data for the study were obtained through the use of structured questionnaire. A …

Enhancing Reading Through Library And Reference Tools: The Ran Vacation Reading Programme., Kathryn James Philip Mrs.

Library Philosophy and Practice (e-journal)

Abstract

One of the annual activities of the Reading Association of Nigeria (RAN) in Akwa Ibom State, Nigeria is to organize and host a holiday reading programme for pupils at primary school level. During such organized activities, ‘library hour’ is one of the ‘spice’ activities which afford them the privilege of leisure reading in choice literature. The children which participated were drawn from various school and background primarily from the urban area; they were grouped according to their age, capacity, and grade level were made to participate in library-use and other literacy activities with observations made, the essence being to …

Perception Of The Characteristics Of External Environment Of Organizations And Its Effect On Managers’ Environmental Scanning In Using Information Resources, Mohammad Reza Farhadpoor, Bahmani Bahmani, Mohsen Hamidi

Library Philosophy and Practice (e-journal)

Abstract:

Purpose: The purpose of the present study is to investigate the characteristics of external environment of companies in the second industrial area of Ahvaz and its effect on managers' environmental scanning behavior in using information resources.

Method: An analytic survey method is used to analyze the relationship between variables.

Findings: The findings showed that managers' perception of various external environment is influenced by variability factors (economic sector, M=3.96), complexity (economic sector, M=3.77) and importance (customers' sector, M=4.38). also the findings showed that managers' environmental scanning can match managers' perceived characteristics of various sectors of external environment, and from this …

The Supreme Court And The Rehabilitative Ideal, Chad W. Flanders

All Faculty Scholarship

Graham v. Florida was a watershed decision, not least because of the centrality of the so-called “rehabilitativeideal” to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court’s emphasis on rehabilitation was surprising both in terms of the Court’s previous decisions on punishment, in which rehabilitation was barely included as a “purpose of punishment,” but also in terms of the history of academic and legislative skepticism if not hostility toward the idea of rehabilitation (which includes two recently decided sentencing cases, Tapia and Pepper). Courts and commentators have struggled to make sense …

Beyond Instructions To Disregard: When Objections Backfire And Interruptions Distract, Molly J. Walker Wilson, Barbara A. Spellman, Rachel York

All Faculty Scholarship

Researchers have proposed many explanations for the replicated finding that jurors often fail to disregard evidence when instructed by a judge to do so. We propose a novel explanation: that the act of objecting may cause the effect because an objection (a) draws attention to the testimony and (b) heightens the perceived importance of the testimony (because of the implication that the objecting party wants to prevent jurors from using it). In previous studies, the act of objecting has always been confounded with the presence of the critical (objected-to) testimony. We devised two new experimental conditions that unconfound these factors. …

When Is A Change Going To Come?: Separate And Unequal Treatment In Health Care Fifty Years After Title Vi Of The Civil Rights Act Of 1964, Ruqaiijah A. Yearby

All Faculty Scholarship

ON June 19, 1963, when the Civil Rights Act was first introduced, President John F. Kennedy said in a message to Congress:

Events of recent weeks have again underlined how deeply our Negro citizens resent the injustice of being arbitrarily denied equal access to those facilities and accommodations, which are otherwise open to the general public. That is a daily insult, which has no place in a country proud of its heritage-- the heritage of the melting pot, of equal rights, of one nation and one people. No one has been barred on account of his race from fighting or …

The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

All Faculty Scholarship

This article revisits the claim that mass incarceration constitutes a new form of racial segregation, or JimCrow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the two phenomena, namely the debt that each owe to progressive and/or liberal politics. Though generally associated with repression and discrimination, both Jim Crow and massincarceration owe their existence in part to enlightened reforms aimed at promoting black interests; albeit with perverse results. Recognizing the aspirational origins of systematic discrimination marks an important facet of comprehending the persistence of racial inequality in the United States.

Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger

All Faculty Scholarship

At the confluence of three major rivers, Madison County, Illinois, was also the intersection of the nation’s struggle for a free press and the right of access to appellate review in the historic case of the Alton Telegraph. The newspaper, which helps perpetuate the memory of Elijah Lovejoy, the first martyr to the cause of a free press, found itself on the losing side of the largest judgment for defamation in U.S. history as a result of a story that was never published in the paper—a case of immaculate defamation. Because it could not afford to post an appeal bond …

Marxist And Soviet Law, Stephen C. Thaman

All Faculty Scholarship

This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.

Rethinking Trademark Functionality As A Question Of Fact, Yvette Joy Liebesman

All Faculty Scholarship

Trade dress functionality stands for a reasonable premise: features which are essential to the use or purpose of an article, which affect the cost or quality of the article, or whose exclusive use would put competitors at a significant non-reputation-related disadvantage, are not protectable as signifiers of source or sponsorship. Functionality has broad implications, as a product’s shape can be its most identifiable feature.

The problems plaguing the functionality doctrine have been examined from a substantive point of view; however until the standard by which functionality is determined is changed, these problems are likely to continue to persist. When adjudicating …

Further Reflections On The Pardoning Power: Reply To Hoskins And Drinan, Chad Flanders

All Faculty Scholarship

Galifianakis: "First question. In 2013, you pardoned a turkey. What do you have planned for 2014?"

Obama: "We'll probably pardon another turkey". ¹

First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I have long been a fan of Hoskins' s work, and his forthcoming book on the collateral consequences of punishment promises to be pathbreaking.² The influence of Drinan's scholarship on the pardoning power³ is evident in my original essay⁴ and her newer work on the Graham case has again inspired me in new directions in my research.^{5 …}

Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff

All Faculty Scholarship

This article was prepared as a lecture for the Missouri Law Review 2014 Symposium entitled "The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis."

Measuring And Using Light In The Melanopsin Age., Robert J Lucas, Stuart N Peirson, David M Berson, Timothy M Brown, Howard M Cooper, Charles A Czeisler, Mariana G Figueiro, Paul D Gamlin, Steven W Lockley, John B O'Hagan, Luke L A Price, Ignacio Provencio, Debra J Skene, George C Brainard

Department of Neurology Faculty Papers

Light is a potent stimulus for regulating circadian, hormonal, and behavioral systems. In addition, light therapy is effective for certain affective disorders, sleep problems, and circadian rhythm disruption. These biological and behavioral effects of light are influenced by a distinct photoreceptor in the eye, melanopsin-containing intrinsically photosensitive retinal ganglion cells (ipRGCs), in addition to conventional rods and cones. We summarize the neurophysiology of this newly described sensory pathway and consider implications for the measurement, production, and application of light. A new light-measurement strategy taking account of the complex photoreceptive inputs to these non-visual responses is proposed for use by researchers, …

Perception And Use Of Complementary And Alternative Medicine Among Children And Adults With Epilepsy: The Importance Of The Decision Makers., Ali A Asadi-Pooya, Mehrdad Emami

Department of Neurology Faculty Papers

The aim of the current study was to assess the extent to which complementary and alternative medicine (CAM) has been used in children and adults to treat seizures and to compare the perceptions and usage of CAM between adult patients who decides for themselves and adults who decide for their sick children.In this cross-sectional study, patients who have been treated for epilepsy for at least one year at the outpatient epilepsy clinic at the Shiraz University of Medical Sciences were interviewed from January 2012 through March 2012. The questionnaire collected specific information of CAM perceptions and usage among patients. Pearson …

Front Cover

International Journal of Speleology

No abstract provided.

Full Issue 43(1)

International Journal of Speleology

No abstract provided.

Attitudes Of Medical Students Towards Incentives Offered By Pharmaceutical Companies -- Perspective From A Developing Nation -- A Cross-Sectional Study, Usman Tariq Siddiqui, Amarah Shakoor, Sarah Kiani, Farwa Ali, Maryam Sharif, Arun Kumar, Qasim Raza, Naseer Khan, Sardar Mohammed Alamzaib, Syed Farid-Ul-Husnain

Medical College Documents

Background: A training physician has his first interaction with a pharmaceutical representative during medical school. Medical students are often provided with small gifts such as pens, calendars and books, as well as free lunches as part of drug promotion offers. Ethical impact of these transactions as perceived by young medical students has not been investigated in Pakistan before. This study aimed to assess the association of socio-demographic variables with the attitudes of medical students towards pharmaceutical companies and their incentives.Methods: As part of a cross-sectional survey, a validated questionnaire previously used for assessing attitude of medical students towards pharmaceutical industry, …

Divine Presence Theology Versus Name Theology In Deuteronomy, Roberto Ouro

Andrews University Seminary Studies (AUSS)

No abstract provided.

Divided Anthropology: An Ontological Look At The Vatican's Rejection Of Women's Ordination, Kessia Reyne Bennett

Andrews University Seminary Studies (AUSS)

No abstract provided.

Khirbat 'Ataruz 2011-2012: A Preliminary Report, Chang-Ho Ji, Robert D. Bates

Andrews University Seminary Studies (AUSS)

No abstract provided.

On The Muslim Question [Review] / Norton, Anne, Bruce Campbell Moyer

Andrews University Seminary Studies (AUSS)

No abstract provided.

Qumran Cave 1, Ii: The Isaiah Scrolls. Part 1: Plates And Transcriptions; Part 2: Introductions, Commentary, And Textual Variants [Review] / Ulrich, Eugene And Peter W. Flint, With A Contribution By Martin G. Abegg Jr., Christopher R. Chadwick

Andrews University Seminary Studies (AUSS)

No abstract provided.

Exploring The Narrative: Jerusalem And Jordan In The Bronze And Iron Ages [Review] / Van Der Steen, Eveline, Jeannette Boertien, And Noor Mulder-Hymans, Eds., Jeffery P. Hudon

Andrews University Seminary Studies (AUSS)

No abstract provided.

Misreading Scripture With Western Eyes [Review] / Richards, E. And B. O'Brien, Bruce Campbell Moyer

Andrews University Seminary Studies (AUSS)

No abstract provided.

Does God Always Get What He Wants? A Theocentric Approach To Divine Providence And Human Freedom, John C. Peckham

Andrews University Seminary Studies (AUSS)

No abstract provided.

Valuation Lessons From Estate Of Adell, Kerry A. Ryan

All Faculty Scholarship

In Estate of Adell, the Tax Court determined that the correct value of a decedent’s interest in a closely held corporation was the figure reported on the original estate tax return. The court rejected alternative values as either using the incorrect valuation method or failing to account for the significant value of a key employee’s personal goodwill.

Premis-Lite, A Preservation Metadata Generator., Todd P. Swanson

Library Philosophy and Practice (e-journal)

Digital preservation is without question an important, if not essential, facet of our now digital society. Implementing a digital preservation strategy is crucial to ensuring the longevity and sustained usability of digital content. The importance of digital preservation is not limited to large-scale institutions and organizations, but also extends to private individuals and small-scale businesses.

PREMIS is currently the international preservation metadata standard. The objective of PREMIS was to identify and create a wide ranging and implementable set of "core" preservation metadata elements while following the recommendations of the Open Archival Information System (OAIS) reference model. However, the depth and …

Use Of Servqual In The Evaluation Of Service Quality Of Academic Libraries In Developing Countries, Brendan E. Asogwa Bea

Library Philosophy and Practice (e-journal)

No abstract provided.

Theses And Dissertations At The University Of The West Indies, St. Augustine: A Liaison Librarian’S Input., Rabia Ramlogan Mrs

Library Philosophy and Practice (e-journal)

Academic libraries’ traditional and central role is largely supporting the teaching, learning and research objectives of their parent institutions. To this end, many libraries utilize liaison librarian programs, one type of an academic library service model to make connections with faculty, students and researchers.

This paper, in the context of academic library services and academic research output, looks at a unique service, namely that of thesis checking, provided by liaison librarians at the Alma Jordan Library (AJL), the University of the West Indies (UWI), St. Augustine (STA) Campus.

Faculty are the leading researchers on campus but graduate students also contribute …