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2014

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Property, Exclusivity, And Jurisdiction, James Y. Stern Mar 2014

Property, Exclusivity, And Jurisdiction, James Y. Stern

Faculty Publications

No abstract provided.


The Puzzling Presumption Of Reviewability, Nicholas Bagley Mar 2014

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …


The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy Mar 2014

The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy

Law Faculty Scholarly Articles

The law of judicial review of agency legal interpretations has undergone an important reshaping as a consequence of the Supreme Court decision in United States v. Mead Corp. That decision and the important follow-on decision in National Cable & Telecommunications Ass 'n v. Brand X Internet Services have changed the understanding of the Court's landmark 1984 decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. Chevron defined a new era of judicial deference to an agency's interpretation of an ambiguous statute, but the Chevron era has itself been transformed.

These legal developments had seemed to have little consequential …


A Modified Approach To The Implementation Of Dynamic Written Corrective Feedback, Brooke Elizabeth Eddington Mar 2014

A Modified Approach To The Implementation Of Dynamic Written Corrective Feedback, Brooke Elizabeth Eddington

Theses and Dissertations

Grammatical accuracy in second language (L2) writing is one of the key issues that English as a Second Language (ESL) learners struggle with, both in intensive English language programs and continuing after their university matriculation. Numerous instructional methodologies exist that center around the concept of error correction—how can or should ESL instructors correct grammatical errors in L2 students' writing to best facilitate improvements in written linguistic accuracy? Error correction in L2 writing has been a controversial issue for over a decade (e.g., Ferris, 1999; Truscott, 1996), and in an effort to contribute to an understanding of this controversial topic, this …


Artificial Meaning, Lawrence B. Solum Mar 2014

Artificial Meaning, Lawrence B. Solum

Washington Law Review

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry in the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …


Human Rights And History Education: An Australian Study, Nina Burridge, John Buchanan, Andrew Chodkiewicz Mar 2014

Human Rights And History Education: An Australian Study, Nina Burridge, John Buchanan, Andrew Chodkiewicz

Australian Journal of Teacher Education

The place of education for and about human rights within the school curriculum remains contested and this paper reports on the first national cross-sectoral investigation of its place in Australian curricula and more specifically in national and state History curriculum documents. Opportunities for the inclusion of human rights based studies were examined across school learning stages, taking into account explicit and implicit, compulsory or elective, as well as curricular and extra-curricular dimensions. Given the continued importance of History as a learning area there is a need to strengthen the available explicit and mandatory opportunities for students to learn about human …


Speaking Of Corporate Social Responsibility, Hao Liang, Christopher Marquis, Luc Renneboog, Sunny Li Sun Mar 2014

Speaking Of Corporate Social Responsibility, Hao Liang, Christopher Marquis, Luc Renneboog, Sunny Li Sun

Research Collection Lee Kong Chian School Of Business

We argue that the language spoken by corporate decision makers influences their firms’ social responsibility and sustainability practices. Linguists suggest that obligatory future-time-reference (FTR) in a language reduces the psychological importance of the future. Prior research has shown that speakers of strong FTR languages (such as English, French, and Spanish) exhibit less future-oriented behavior (Chen, 2013). Yet, research has not established how this mechanism may affect the future-oriented activities of corporations. We theorize that companies with strong-FTR languages as their official/working language would have less of a future orientation and so perform worse in future-oriented activities such as corporate social …


Drawing Their Way Into Writing: Culturally And Linguistically Diverse Students Finding Voice Through Mini-Novelas, Stephanie Wessels, Socorro G. Herrera, Mar 2014

Drawing Their Way Into Writing: Culturally And Linguistically Diverse Students Finding Voice Through Mini-Novelas, Stephanie Wessels, Socorro G. Herrera,

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Writing can be a difficult task for many students in today’s classrooms; however, for students who are culturally and linguistically diverse (CLD), writing can be especially difficult. These students often are in the process of developing their facility with the English language, and they possess cultural backgrounds that differ from those of many of their peers and teachers. In addition to these challenges, they face the typical difficulties of selecting ideas to write about for their stories. One way to tap into the cultural backgrounds of Spanish-speaking CLD students is through the use of a strategy called the mini-novela. A …


Perception Of A Regional Spanish Sound: The Case Of /S/-Weakening, Angela George Mar 2014

Perception Of A Regional Spanish Sound: The Case Of /S/-Weakening, Angela George

Dimensions

While taking foreign language classes or interacting in the target language community, language learners will be exposed to dialectal differences. This paper addresses how adult learners of Spanish in beginning, intermediate, and advanced Spanish courses at a large US university perceived a common sociolinguistic feature of Spanish, /s/-weakening, which can vary for stylistic, gender, and geographical reasons. The implications for teaching and learning foreign languages will be addressed, noting the importance of teaching common sociolinguistic features that are salient to native speakers but less salient to second language learners.


Skype Videoconferencing For Less Commonly Taught Languages: Examining The Effects On Students’ Foreign Language Anxiety, Joe Terantino Mar 2014

Skype Videoconferencing For Less Commonly Taught Languages: Examining The Effects On Students’ Foreign Language Anxiety, Joe Terantino

Dimensions

This study compared students’ foreign language anxiety levels while completing oral assessments administered face-to-face (F2F) and via Skype videoconferencing for university courses delivered under the self-instructional language program (SILP) model (Dunkel, Brill, & Kohl, 2002). Data were gathered by administering a modified Foreign Language Classroom Anxiety Scale (FLCAS) survey (Horwitz, Horwitz, & Cope, 1986) and conducting subsequent interviews with the students. Results indicate that there was not a significant difference in anxiety levels or changes in anxiety between the two delivery methods. These findings suggest that Skype videoconferencing may be a viable alternative to F2F interviews, because it did not …


Mutually Beneficial Service Learning: Language Teacher Candidates In A Local Community Center, Susan A. Hildebrandt Mar 2014

Mutually Beneficial Service Learning: Language Teacher Candidates In A Local Community Center, Susan A. Hildebrandt

Dimensions

This article reports on a project designed to provide mutually beneficial solutions to challenges faced by world language teacher candidates, their preparation program, and a local community center. The project provided opportunities for teacher candidates enrolled in a world language (WL) teacher education course to complete clinical experiences through a service learning experience at the center. Teaching Spanish to children from low-income families provided candidates valuable classroom experiences with younger learners. This article explores benefits and challenges of WL teacher candidates teaching Spanish in a local community center.


Uniting The Corps: Uniting The Core Mar 2014

Uniting The Corps: Uniting The Core

Dimensions

SCOLT Dimensions Volume 49


Teaching Culturally Sensitive Care To Dental Students: A Multidisciplinary Approach, Evelyn Donate-Bartfield, William K. Lobb, Toni M. Roucka Mar 2014

Teaching Culturally Sensitive Care To Dental Students: A Multidisciplinary Approach, Evelyn Donate-Bartfield, William K. Lobb, Toni M. Roucka

School of Dentistry Faculty Research and Publications

Dental schools must prepare future dentists to deliver culturally sensitive care to diverse patient populations, but there is little agreement on how best to teach these skills to students. This article examines this question by exploring the historical and theoretical foundations of this area of education in dentistry, analyzes what is needed for students to learn to provide culturally sensitive care in a dental setting, and identifies the discipline-specific skills students must master to develop this competence. The problems associated with single-discipline, lecture-based approaches to teaching culturally sensitive care are outlined, and the advantages of an interdisciplinary, patient-centered, skills-based approach …


The Development Of A Non-Profit Organization, Keep In Touch, As A Solution To The Problem Of Visitation, Shalom Z. Lapoint, Shalom Z. Lapoint Mar 2014

The Development Of A Non-Profit Organization, Keep In Touch, As A Solution To The Problem Of Visitation, Shalom Z. Lapoint, Shalom Z. Lapoint

Electronic Theses, Projects, and Dissertations

ABSTRACT

This project discusses the development of Keep in Touch. Keep in Touch is a 501(c)(3) non-profit organization which is designed to aid the visitation process. Visitation is concerned with children and their families who have been separated. Reasons for separation vary; however, many children have been separated and would benefit greatly from a local visitation program. Items such as children’s rights, California’s mandatory mediation law, and the current conditions of the family court house in San Bernardino County are all discussed and examined as supporting evidence to the problem of family visitation. The goal of Keep in Touch is …


Secondary Social Studies Teachers' Experiences Implementing Common Core State Literacy Standards, Krista Webb Mar 2014

Secondary Social Studies Teachers' Experiences Implementing Common Core State Literacy Standards, Krista Webb

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to examine the experiences of secondary social studies teachers who implemented Common Core State Standards for English Language Arts & Literacy in history/social studies, science and technical subjects in social studies courses requiring End of Course Tests at secondary schools in one suburban district in Georgia. Ten teachers of United States history and economics courses participated in this study. Data was collected through questionnaires, reflective online journaling, documents, individual interviews, and focus groups. Analysis was conducted using transcription, thematic coding, textural and structural descriptions, and a composite description of the essence of the …


Artificial Meaning, Lawrence B. Solum Mar 2014

Artificial Meaning, Lawrence B. Solum

Faculty Scholarship

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …


Poverty And Service Delivery In Suburban America Framing Paper, Debra J. Rog, Kathryn W. Hexter, Kathryn A. Henderson, David Hubble, John R. Haight, Martena C. Reed, Austin Boxler Mar 2014

Poverty And Service Delivery In Suburban America Framing Paper, Debra J. Rog, Kathryn W. Hexter, Kathryn A. Henderson, David Hubble, John R. Haight, Martena C. Reed, Austin Boxler

All Maxine Goodman Levin School of Urban Affairs Publications

In the United States today, contrary to popular belief, living in the suburbs is not synonymous with living the American dream. An unprecedented number of people in the suburbs are living on household incomes of less than $20,000, many on much less. Increasingly, individuals and their families need to rely on services and public benefits to meet their basic needs (Kneebone & Berube, 2013).

Over the past 30 years, poverty in the suburbs has grown due to multiple factors, including job decentralization, shifts in the location of affordable and subsidized housing, and the relocation to the suburbs of lower income …


Acer 2012-2013 Annual Report, Australian Council For Educational Research (Acer) Mar 2014

Acer 2012-2013 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.


Promoting Missionary Mutual Care Through Spiritual Community, David L. Shepherd Mar 2014

Promoting Missionary Mutual Care Through Spiritual Community, David L. Shepherd

Doctor of Ministry

Personal struggle and the stressors that catalyze them are inevitable in missionary life. When overly focusing on ministry and enculturation demands, cross-culturally based Christian workers can often neglect intra and inter-personal spiritual formation. The result of such neglect is a lack of purpose, vitality, endurance and effectiveness, and in some cases, the missionary leaves the field altogether. For missionaries to thrive and succeed requires that they place a high priority on mutual and intentional care. Therefore, I will explore the necessity and means of cultivating spiritual community among on-thefield missionaries for their mutual care and development. Chapter 1 introduces the …


A Renewed Homiletic For The Twenty-First-Century Church, Douglas Witherup Mar 2014

A Renewed Homiletic For The Twenty-First-Century Church, Douglas Witherup

Doctor of Ministry

This dissertation proposes that a homiletic recapturing a methodology implicit in Jesus’ preaching (story/image/metaphor, questions, and supernatural encounter) enables preachers to more effectively communicate to a twenty-first-century audience. Section one identifies the problem: namely the recent devaluing of preaching and the continued reliance on a 2500-year-old propositional homiletic. Section two examines other proposed solutions, including inductive preaching, postmodern voices, and current popular preachers. Section three examines our thesis, both by investigating Jesus’ preaching methodology in the canonical gospels and seeking to discover if and how that methodology translates to an effective renewed homiletic. Sections four and five outline the dynamics …


False Speech: Quagmire?, Christopher P. Guzelian Mar 2014

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …


A Comparative Study On The Effectiveness Of Part-Of-Speech Tagging Techniques On Bug Reports, Yuan Tian, David Lo Mar 2014

A Comparative Study On The Effectiveness Of Part-Of-Speech Tagging Techniques On Bug Reports, Yuan Tian, David Lo

Research Collection School Of Computing and Information Systems

Many software artifacts are written in natural language or contain substantial amount of natural language contents. Thus these artifacts could be analyzed using text analysis techniques from the natural language processing (NLP) community, e.g., the part-of-speech (POS) tagging technique that assigns POS tags (e.g., verb, noun, etc.) to words in a sentence. In the literature, several studies have already applied POS tagging technique on software artifacts to recover important words in them, which are then used for automating various tasks, e.g., locating buggy files for a given bug report, etc. There are many POS tagging techniques proposed and they are …


Evaluating And Automating The Annotation Of A Learner Corpus, Alexandr Rosen, Jirka Hana, Barbora Stindlova, Anna Feldman Mar 2014

Evaluating And Automating The Annotation Of A Learner Corpus, Alexandr Rosen, Jirka Hana, Barbora Stindlova, Anna Feldman

Department of Linguistics Faculty Scholarship and Creative Works

The paper describes a corpus of texts produced by non-native speakersof Czech. We discuss its annotation scheme, consisting of three interlinked tiers,designed to handle a wide range of error types present in the input. Each tier correctsdifferent types of errors; links between the tiers allow capturing errors in word orderand complex discontinuous expressions. Errors are not only corrected, but alsoclassified. The annotation scheme is tested on a data set including approx. 175,000words with fair inter-annotator agreement results. We also explore the possibility ofapplying automated linguistic annotation tools (taggers, spell checkers and grammarcheckers) to the learner text to support or even …


Levels Of Altruism, Martin Zwick, Jeffrey Alan Fletcher Mar 2014

Levels Of Altruism, Martin Zwick, Jeffrey Alan Fletcher

Complex Systems Faculty Publications and Presentations

The phenomenon of altruism extends from the biological realm to the human socio-cultural realm. This paper sketches a coherent outline of multiple types of altruism of progressively increasing scope that span these two realms and are grounded in an ever-expanding sense of"self." Discussion of this framework notes difficulties associated with altruisms at different levels. It links scientific ideas about the evolution of cooperation and about hierarchical order to perennial philosophical and religious concerns. It offers a conceptual background for inquiry into societal challenges that call for altruistic behavior, especially the challenge of environmental and social sustainability.


The Use Of Play In Speech And Occupational Therapy, Jodi Ehrenkranz, Caroline Laferla Mar 2014

The Use Of Play In Speech And Occupational Therapy, Jodi Ehrenkranz, Caroline Laferla

Psychology and Child Development

Sensory Processing Disorder and speech impairment affect millions of children in the United States. Sensory Processing Disorder (SPD) affects a child’s development leading to difficulties with “detecting, modulating, interpreting, and/or organizing sensory stimuli” (Miller, Nielsen & Schoen, 2012, p.804). Furthermore, these children may find it difficult to self-regulate their behavior. Speech impairment is typically described as speech sound disorders (SSD), which involves a child having difficulties with communicating or correctly producing their native language (Brumbaugh, Smit, Nippold & Marinellie, 2013). Brumbaugh et al. (2013) also found that these children were likely to develop a poor self-image which provides even more …


Tangents Mar 2014

Tangents

UNIversitas: Journal of Research, Scholarship, and Creative Activity

No abstract provided.


The Poetics Of Hinting In Wild Grass = 《野草》之暗示章法, Nick Admussen Mar 2014

The Poetics Of Hinting In Wild Grass = 《野草》之暗示章法, Nick Admussen

Journal of Modern Literature in Chinese 現代中文文學學報

No abstract provided.


Soaring Into The Future: The Purdue Owl And Supporting The Next Generation Of Writers, Tammy Conard-Salvo, Caitlan Spronk, Joshua Paiz Mar 2014

Soaring Into The Future: The Purdue Owl And Supporting The Next Generation Of Writers, Tammy Conard-Salvo, Caitlan Spronk, Joshua Paiz

Purdue Writing Lab/Purdue OWL Presentations

Twenty years ago, the Purdue OWL was born as a website. Over these past twenty years, the Purdue OWL has become a popular, open-access writing resource utilized by tutors and writers all over the globe. This panel at the 2014 East Central Writing Centers Association (2014) conference discusses how the Purdue OWL has worked to stay relevant to its users throughout the past two decades. Panelists also discuss directions for the future. Attendees are invited to share their stories about the Purdue OWL and OWLs in general and how they support the next generation of writers


The Social Construction Of French Identity: Re-Examining The French Debate On Muslim Integration, Yves Mai Orsino Mar 2014

The Social Construction Of French Identity: Re-Examining The French Debate On Muslim Integration, Yves Mai Orsino

QuaesitUM

No abstract provided.


Expanding Audiences For Online Writing Labs: Owls In The English As A Foreign Language Context, Joshua Paiz Mar 2014

Expanding Audiences For Online Writing Labs: Owls In The English As A Foreign Language Context, Joshua Paiz

Purdue Writing Lab/Purdue OWL Graduate Student Presentations

This presentation from the 2014 Conference on College Composition and Communication (CCCC) discusses online writing labs (OWLs), specifically the Purdue OWL, in the traditionally-defined English as a foreign language (EFL) context. The ELF context often presents unique challenges for the teaching of English writing, including challenges of finding appropriate resources. This may lead EFL writing practitioners to rely on the information presented by OWLs to supplement their teaching. However, many OWLs were originally designed for the so-called native speaker (North American, UK, Australian, New Zealand) audience. This raises the question of whether or not OWLs are meeting the needs of …