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2017

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Microfinance: The Impacts Of A Poverty Reduction Approach And Financial Systems Approach On Poor Rural Households In Vietnam, Cardin A. Le Jan 2017

Microfinance: The Impacts Of A Poverty Reduction Approach And Financial Systems Approach On Poor Rural Households In Vietnam, Cardin A. Le

University Honors Theses

The microfinance industry has evolved from its earliest roots as a social movement to a multifaceted financial services industry for the poor. The aim of this research is to add to the existing literature by exploring the poverty reduction approach and financial systems approach to microfinance and its implications on poor rural households in Vietnam. It does this through analyzing three main areas: (i) a comprehensive assessment of microfinance in Vietnam; (ii) analyzing the advantages and disadvantages of the poverty reduction and financial system approaches; and (iii) evaluating the impact of access to credit on household poverty reduction in rural …


A Novel Approach To Assessing The Quality Of Coach-Athlete Relationships: Can The Coach-Athlete Relationship Be Evaluated For Motivational Support By Analysis Of Published Coach Interviews?, Nikia C. Evans Jan 2017

A Novel Approach To Assessing The Quality Of Coach-Athlete Relationships: Can The Coach-Athlete Relationship Be Evaluated For Motivational Support By Analysis Of Published Coach Interviews?, Nikia C. Evans

University Honors Theses

The aim of this paper is to present a novel methodology to be used in evaluating the quality of the coach-athlete relationship in line self-determination theory and based on the motivational model of the coach-athlete relationship proposed by Mageau and Vallerand. This paper consists of a review of the extant literature surrounding self-determination theory as applied to sports, followed by a pilot study testing the proposed new methodology. The methodology utilizes existing coach interviews conducted by institution media to evaluate the language used by NCAA D1 soccer coaches in reference to their teams. The findings of the study serve to …


Patient, Victim, Or Survivor?: An Analysis Of Sane Nursing Curriculum Bias, Samantha D. Gardner Jan 2017

Patient, Victim, Or Survivor?: An Analysis Of Sane Nursing Curriculum Bias, Samantha D. Gardner

University Honors Theses

This study assesses the SANE program training for the Oregon Sexual Assault Task Force to identify gaps that fail to address bias, causing SANE nurses to provide less-effective care to people who have experienced interpersonal violence. This thesis will address a particular question: How does the SANE nursing curriculum address bias? When reviewing the literature, it is clear that both biases and gaps in SANE training negatively affect survivors experiences. In order to address both biases and gaps, I conducted an initial read read-through of the curriculum text. Next, I made memos on notecards of the key words, phrases, and …


Innovator Or Butcher?: Herophilean Research Methods In Early Ptolemaic Alexandria, Annastasia C. Conner Jan 2017

Innovator Or Butcher?: Herophilean Research Methods In Early Ptolemaic Alexandria, Annastasia C. Conner

University Honors Theses

In a period of Ptolemaic Alexandria that has been referred to by modern scholars as a "frontier environment" for scientific achievement and discoveries, Herophilus of Chalcedon was a leader of innovation. Religious and cultural boundaries and the presence of taboos and death-based pollution should perhaps have limited his research capabilities, but under the patronage of the ruling Ptolemaic kings (Ptolemy I Soter, and Ptolemy II Philadelphus both reigned during Herophilus' lifetime), he and his contemporaries were able to dissect and vivisect human cadavers within the pursuit of their studies. Although Herophilus' therapeutic practices largely fell within the scope of the …


The Choctaw Nation Of Oklahoma: History, Influences, And Contemporary Setting Of The Choctaw Legal Structure, Austin C. Megli Jan 2017

The Choctaw Nation Of Oklahoma: History, Influences, And Contemporary Setting Of The Choctaw Legal Structure, Austin C. Megli

Tribal Law Journal

The goal of this tribal profile is to provide an overview of the internal laws of the Choctaw Nation of Oklahoma; to give a detailed emphasis on the tribe’s historic use of customary law, governance structures, enacted law, case law; and to examine how their internal law changed throughout history. By helping the reader become familiar with the history of Choctaw customary law and the contemporary structure of the Choctaw government, this profile will assist practitioners and academics in understanding the Choctaw Nation. Part I of this paper will describe the customary laws of the Choctaw Nation. Part II of …


If Trees Could Lobby They Would Be People Too: The Environmental And Cultural Benefits Of Granting Legal Personality To Nature, M. Alexis Volner Jan 2017

If Trees Could Lobby They Would Be People Too: The Environmental And Cultural Benefits Of Granting Legal Personality To Nature, M. Alexis Volner

Tribal Law Journal

In the Western culture today, the environment is perceived as a source for goods and resources. However, this perspective has resulted in serious environmental degradation and a real threat to our species’ survival. To combat these problems there must be a radical shift in the Western culture’s conception of nature.

The first step in this shift is to recognize the environment as a legal person. The United States should grant legal personality to all publicly owned lands containing sites held sacred by Indigenous peoples and establish a collaborative board to manage the sites to recognize Indigenous cultural rights and encourage …


An Iterative Bézier Method For Fitting Beta-Sheet Component Of A Cryo-Em Density Map, Michael Poteat, Jing He Jan 2017

An Iterative Bézier Method For Fitting Beta-Sheet Component Of A Cryo-Em Density Map, Michael Poteat, Jing He

Computer Science Faculty Publications

Cryo-electron microscopy (Cryo-EM) is a powerful technique to produce 3-dimensional density maps for large molecular complexes. Although many atomic structures have been solved from cryo-EM density maps, it is challenging to derive atomic structures when the resolution of density maps is not sufficiently high. Geometrical shape representation of secondary structural components in a medium-resolution density map enhances modeling of atomic structures. We compare two methods in producing surface representation of the β-sheet component of a density map. Given a 3-dimensional volume of β-sheet that is segmented from a density map, the performance of a polynomial fitting was compared with that …


Engaging Parents To Promote Children’S Nutrition And Health: Providers’ Barriers And Strategies In Head Start And Child Care Centers, Dipti A. Dev, Courtney Byrd-Williams, Samantha Ramsay, Brent A. Mcbride, Deepa Srivastava, Ashleigh L. Murriel, Chrisa Arcan, Anna M. Adachi-Mejia Jan 2017

Engaging Parents To Promote Children’S Nutrition And Health: Providers’ Barriers And Strategies In Head Start And Child Care Centers, Dipti A. Dev, Courtney Byrd-Williams, Samantha Ramsay, Brent A. Mcbride, Deepa Srivastava, Ashleigh L. Murriel, Chrisa Arcan, Anna M. Adachi-Mejia

Department of Child, Youth, and Family Studies: Faculty Publications

Purpose: Using the Academy of Nutrition and Dietetics benchmarks as a framework, this study examined childcare providers’ (Head Start [HS], Child and Adult Care Food Program [CACFP] funded, and non-CACFP) perspectives regarding communicating with parents about nutrition to promote children’s health.

Design: Qualitative.

Setting: State-licensed center-based childcare programs.

Participants: Full-time childcare providers (n ¼ 18) caring for children 2 to 5 years old from varying childcare contexts (HS, CACFP funded, and non-CACFP), race, education, and years of experience.

Methods: In-person interviews using semi-structured interview protocol until saturation were achieved. Thematic analysis was conducted.

Results: Two overarching themes were barriers and …


Role Of Food Preoccupation And Current Dieting In The Associations Of Parental Feeding Practices To Emotional Eating In Young Adults: A Moderated Mediation Study, Natalie A. Williams, Dipti A. Dev, Maren Hankey, Kimberly A. Blitch Jan 2017

Role Of Food Preoccupation And Current Dieting In The Associations Of Parental Feeding Practices To Emotional Eating In Young Adults: A Moderated Mediation Study, Natalie A. Williams, Dipti A. Dev, Maren Hankey, Kimberly A. Blitch

Department of Child, Youth, and Family Studies: Faculty Publications

Parental feeding practices reflecting coercive control are related to children’s later eating behaviors, but the mechanisms underlying these effects remain poorly understood. This study examined the relationships between recalled childhood experiences of parental pressure to eat and restriction and current food preoccupation, dieting, and emotional eating in a racially diverse sample of college students (N = 711). Results revealed that parental restriction, but not pressure to eat, was associated with more emotional eating (r = 0.18, p < 0.0001). Food preoccupation mediated the association between restriction and emotional eating (95% CI [3.6495–7.2231]); however, a moderated mediation model revealed that the strength of the indirect effect of restrictive feeding on emotional eating through food preoccupation was significantly different for dieters and non-dieters (index of moderated mediation = 1.79, Boot SE = 0.79; 95% bias-corrected bootstrap CI [–3.5490 to –0.4515]). These findings provide unique insight into the mechanisms linking parental feeding practices with emotional eating in young adulthood. Future studies attempting to clarify the processes through which child feeding practices impact later eating behaviors should consider the role of current dieting.


Implementing The Academy Of Nutrition And Dietetics Benchmarks For Nutrition Education For Children: Child-Care Providers’ Perspectives, Dipti A. Dev, Virginia Carraway-Stage, Daniel J. Schober, Brent A. Mcbride, Car Mun Kok, Samantha Ramsay Jan 2017

Implementing The Academy Of Nutrition And Dietetics Benchmarks For Nutrition Education For Children: Child-Care Providers’ Perspectives, Dipti A. Dev, Virginia Carraway-Stage, Daniel J. Schober, Brent A. Mcbride, Car Mun Kok, Samantha Ramsay

Department of Child, Youth, and Family Studies: Faculty Publications

Background — National childhood obesity prevention policies recommend that childcare providers educate young children about nutrition to improve their nutrition knowledge and eating habits. Yet, the provision of nutrition education (NE) to children in child-care settings is limited.

Objective — Using the 2011 Academy of Nutrition and Dietetics benchmarks for NE in child care as a guiding framework, researchers assessed child-care providers’ perspectives regarding delivery of NE through books, posters, mealtime conversations, handson learning, and sensory exploration of foods to young children (aged 2 to 5 years).

Design — Using a qualitative design (realist method), individual, semistructured interviews were conducted …


Patterns Of Psychotropic Medication At Admission For Youth In Residential Care, Jonathan C. Huefner, Gail L. Smith, Jay L. Ringle, Amy L. Stevens, W. Alex Mason, Gilbert R. Parra Jan 2017

Patterns Of Psychotropic Medication At Admission For Youth In Residential Care, Jonathan C. Huefner, Gail L. Smith, Jay L. Ringle, Amy L. Stevens, W. Alex Mason, Gilbert R. Parra

Department of Child, Youth, and Family Studies: Faculty Publications

High levels of psychotropic medication use and polypharmacy are common for emotionally and behaviorally troubled youth entering residential care. Polypharmacy has often been characterized as an especially serious problem in this vulnerable population. Latent Class Analysis was used to identify medication subgroups for 636 youth in an intensive residential program. Additionally, auxiliary analyses (e.g., diagnoses, demographics, expressed problem behaviors) were used to identify the personal and behavioral attributes associated with individuals in each of the latent classes. Three distinct medication patterns emerged: low/no psychotropic medication, the combination of antidepressant and antipsychotic medications, and multiple psychotropic medications. The latent classes were …


Attentional Demands Of Executive Function Tasks In Indoor And Outdoor Settings: Behavioral And Neuroelectrical Evidence, Julia C. Torquati, Anne R. Schutte, John Kiat Jan 2017

Attentional Demands Of Executive Function Tasks In Indoor And Outdoor Settings: Behavioral And Neuroelectrical Evidence, Julia C. Torquati, Anne R. Schutte, John Kiat

Department of Child, Youth, and Family Studies: Faculty Publications

This study explored the influence of green environments on children’s cognitive functions by using an experimental, within-subjects design to compare children’s neural responses as they engaged in assessments of attention, inhibitory control, and spatial working memory in two different environments: a natural outdoor area and an indoor laboratory room. Ten children ages 6 to 11 years (M= 9.3; SD= 1.5) participated. Children performed significantly better on the spatial working memory task outdoors compared to indoors. There were no significant differences in attention or inhibitory control, but two markers of neurological activity were significantly larger indoors than outdoors, suggesting that more …


Equine Infectious Anemia, Karl H. Hoopes Jan 2017

Equine Infectious Anemia, Karl H. Hoopes

All Current Publications

This fact sheet gives information on equine infectious anemia, a blood-borne infectious viral disease of horses, donkeys, and mules. It describes transmission, clinical disease, diagnosis and control.


Adolescent Perceptions Of Dating Violence: A Qualitative Study, Sarah Taylor, Carrie A. Calkins, Yan Ruth Xia, Rochelle L. Dalla Jan 2017

Adolescent Perceptions Of Dating Violence: A Qualitative Study, Sarah Taylor, Carrie A. Calkins, Yan Ruth Xia, Rochelle L. Dalla

Department of Child, Youth, and Family Studies: Faculty Publications

Scholars have identified dating violence as a public health issue among adolescents. Yet, minimal research has detailed adolescents’ perceptions of dating violence, specifically gender differences in perceptions. Research suggests that in order for dating violence prevention and intervention to be effective, services need to be delivered in a manner that is understood by adolescents. Therefore, this study used a qualitative phenomenology study to investigate adolescents’ perceptions of dating violence, including gender differences in adolescents’ perceptions. Thirty adolescents between the ages of 14 and 19 from a Midwest public high school participated in focus groups. Focus group participants were asked semistructured …


“After Your Honor Is Gone …”: Exploration Of Developmental Trajectories And Life Experiences Of Women Working In Mumbai’S Red-Light Brothel Districts, Rochelle L. Dalla, Lee Kreimer Jan 2017

“After Your Honor Is Gone …”: Exploration Of Developmental Trajectories And Life Experiences Of Women Working In Mumbai’S Red-Light Brothel Districts, Rochelle L. Dalla, Lee Kreimer

Department of Child, Youth, and Family Studies: Faculty Publications

This investigation was intended, first, to examine the early life and childhood experiences of adult women working in the red-light districts of Mumbai, India. A corollary to this goal was determination of processes that led to entry into the commercial sex industry (CSI). Second, we sought better understanding of women’s adult relationships with family of origin and key players of the brothel-based sex industry (e.g., peers, clients, brothel-keepers). Finally, we explored exiting options. In other words, to what extent is it possible to leave India’s brothel-based sex industry if one wanted to do so? Guided by the life-course theory of …


“We Are Two Of The Lucky Ones”: Experiences With Marriage And Wellbeing For Same-Sex Couples, Heather R. Kennedy, Rochelle L. Dalla, Steven Dreesman Jan 2017

“We Are Two Of The Lucky Ones”: Experiences With Marriage And Wellbeing For Same-Sex Couples, Heather R. Kennedy, Rochelle L. Dalla, Steven Dreesman

Department of Child, Youth, and Family Studies: Faculty Publications

Happy marriages provide protective health benefits, and social support is a key factor in this association. However, previous research indicates one of the greatest differences between same-and different-sex couples is less social support for same-sex couples. Our goal was to examine the extent to which formal markers of couple status (e.g., marriage) impact wellbeing among same-sex married partners. Using a mixed-methods approach, data were collected from 218 primarily White gay and lesbian individuals in the Midwest. Quantitative analysis revealed individuals in a prior formal union with a different-sex partner reported the lowest levels of sexuality specific social support and acceptance. …


Bridging The Gap Between Data And Instruction To Promote School Readiness, Lucki M. Ratsavong, Maureen J. Myrtil, Mihaiela R. Guglu, Rachel E. Schachter Jan 2017

Bridging The Gap Between Data And Instruction To Promote School Readiness, Lucki M. Ratsavong, Maureen J. Myrtil, Mihaiela R. Guglu, Rachel E. Schachter

Department of Child, Youth, and Family Studies: Faculty Publications

States are increasingly endorsing collecting data in the early childhood classroom to measure instructional quality, as well as to enhance classroom- and school-based improvement efforts (Meisels, 2006; National Association for the Education of Young Children, 2009). While an increase in available data has the potential to inform decisions in the classroom, many educators report a need for clearer guidance in analyzing, interpreting, and using the data they collect (Sandall, Schwartz, & Lacroix, 2004; U.S. Department of Education, 2009). Thus, efforts must be made to improve resources and training to provide early childhood educators the opportunity to build their capacity for …


‘Why I Sent My Child Away’: Culturally Structured Motivations For Long-Distance Parenting, Deepa Srivastava, Maria Rosario De Guzman Jan 2017

‘Why I Sent My Child Away’: Culturally Structured Motivations For Long-Distance Parenting, Deepa Srivastava, Maria Rosario De Guzman

Department of Child, Youth, and Family Studies: Faculty Publications

Although long-distance parenting is often depicted as a response to crisis (e.g., economic) or other stressful life events, it is sometimes undertaken in various culturally normative situations. This current study explores the motivations of South Asian Indian immigrant parents for sending their young children to India to live temporarily with their grandparents. This qualitative study involves in-depth interviews with first generation immigrant parents about their experiences and motivations for sending their children to India. Analysis of the data revealed five themes, namely, (a) contextual and daily challenges in caring for their children in the United States, (b) parents’ concern around …


He’S Just Content To Sit: A Qualitative Study Of Mothers’ Perceptions Of Infant Obesity And Physical Activity, Danae Dinkel, Kailey Snyder, Anastasia Kyvelidou, Victoria Molfese Jan 2017

He’S Just Content To Sit: A Qualitative Study Of Mothers’ Perceptions Of Infant Obesity And Physical Activity, Danae Dinkel, Kailey Snyder, Anastasia Kyvelidou, Victoria Molfese

Department of Child, Youth, and Family Studies: Faculty Publications

Background: Rates of obesity among children ages zero to five are rapidly increasing. Greater efforts are needed to promote healthy behaviors of young children. Mothers are especially important targets for promoting health as mothers’ views play a vital role in helping their children foster healthy habits from an early age. Research has found parents’ views of infants’ weight may influence their feeding practices; however, limited research has explored mothers’ view of infants’ weight in relation to the promotion of physical activity. Therefore, the purpose of this study was to explore the perceptions of mothers of normal weight infants and overweight …


Let’S Know! Proximal Impacts On Prekindergarten Through Grade 3 Students’ Comprehension- Related Skills, Hui Jiang, Dawn Davis Jan 2017

Let’S Know! Proximal Impacts On Prekindergarten Through Grade 3 Students’ Comprehension- Related Skills, Hui Jiang, Dawn Davis

Department of Child, Youth, and Family Studies: Faculty Publications

Let’s Know! is a language-focused curriculum supplement developed through the Institute of Education Sciences’ Reading for Understanding initiative aimed at supporting prekindergarten through grade 3 students’ listening and reading comprehension. The current study reports results concerning the impacts of 2 instantiations of Let’s Know! on students’ comprehension-related skills (comprehension monitoring; understanding narrative and expository text, as supported by inference making and knowledge of text structure; and vocabulary) as proximal measures of efficacy. Results from the first cohort of a large, field-based, randomized controlled trial (N p 766 students across grades) indicate large, con- sistent, and statistically significant effects on curriculum- …


Spanish Speaking Institutions And Language Assimilation In The Rio Grande Valley, Alexandre Couture Gagnon, Carlos Gutierrez-Mannix Jan 2017

Spanish Speaking Institutions And Language Assimilation In The Rio Grande Valley, Alexandre Couture Gagnon, Carlos Gutierrez-Mannix

Political Science Faculty Publications

The Rio Grande Valley in Texas, situated on the US-Mexico border, has a population of more than one million, of which more than 90% is of Latino descent.1 However, no public institutions formally function in Spanish, thus inhibiting institutional completeness2 and challenging long-term preservation of the language. Why does this population of Latino descent not demand Spanish-language service? Contrary to traditional research on institutional completeness, we consider institutions as the dependent variable and argue that the absence of institutions reflects the perception, within the population, of inferior status ascribed to Spanish when compared to English.


Expression Of Mmp-13 In Human Temporomandibular Joint Disc Derangement And Osteoarthritis, Juliano Henrique Perotto, Flavio Camejo, Andrea Doetzer, Luis Eduardo Almeida, Marina Azevedo, Marcia Olandoski Jan 2017

Expression Of Mmp-13 In Human Temporomandibular Joint Disc Derangement And Osteoarthritis, Juliano Henrique Perotto, Flavio Camejo, Andrea Doetzer, Luis Eduardo Almeida, Marina Azevedo, Marcia Olandoski

School of Dentistry Faculty Research and Publications

Objective: MMP-13 performs digestion of collagen, which is a primary component of the temporomandibular joint (TMJ) articular disc. This study evaluated the expression of MMP-13 in patients with anterior disc displacement with (ADDwR) and without reduction (ADDwoR), and in the presence of TMJ osteoarthrosis.

Methods: Thirty-nine human temporomandibular joint disc samples were collected and divided in two ways: ADDwR (21 samples), ADDwoR (10 samples), and a control group (8 samples); and with osteoarthrosis (10 samples) and without osteoarthrosis (29 samples). Immunostaining of the TMJ discs was statistically compared between the groups.

Results: There was no statistically significant difference for the …


Actual Innocence And Wrongful Convictions, Brandon L. Garrett Jan 2017

Actual Innocence And Wrongful Convictions, Brandon L. Garrett

Faculty Scholarship

In response to wrongful convictions, there has been a revolution in criminal procedure and in research in law and science. Scholars have increasingly studied the characteristics of known wrongful conviction cases and they have conducted interdisciplinary research designed to assess potential changes to procedures used in criminal cases. Scientific bodies have made important recommendations based on this research, and in response, a wide range of jurisdictions have adopted noteworthy changes designed to safeguard crucial types of evidence, such as confession, forensic, and eyewitness evidence, during police investigations and at trial. As a result, both law and science have come together …


Local Liability In International Economic Law, Timothy Meyer Jan 2017

Local Liability In International Economic Law, Timothy Meyer

Faculty Scholarship

No abstract provided.


“Captured Boards”: The Rise Of “Super Directors” And The Case For A Board Suite, Kobi Kastiel, Yaron Nili Jan 2017

“Captured Boards”: The Rise Of “Super Directors” And The Case For A Board Suite, Kobi Kastiel, Yaron Nili

Faculty Scholarship

Boards of public corporations in the United States are becoming increasingly independent, due to an effort to ensure that shareholders' interests in the company are protected. Yet, little attention has been given to the way that board members obtain and digest the information necessary for their independent decision-making. In this Article, we highlight how "independent" boards remain extremely dependent on management for the information they need to accomplish their role -- we classify as the "informational capture" of the board. We further describe how activist hedge funds identified this capture and are using what is commonly termed as "super directors" …


A Portrait Of Paul Henriksen, Thomas H. Henriksen Jan 2017

A Portrait Of Paul Henriksen, Thomas H. Henriksen

The Bridge

Paul Henriksen, my father, was one of those people whose life could have been a Hollywood film. It unreeled from the hardscrabble streets of turn-of-the-century Copenhagen, to five years spent before the mast in saltwater seas, to the battlefields of Flanders in World War I, and finally to the freshwaters of the Great Lakes, where he became a prominent sports figure in mid-twentieth-century Detroit. Hard work, persistence, and photogenic looks helped propel him toward the fulfillment of his own American dream.


Soil And Salvation: Danes In Montana, 1906-10. Part I: Soil, Jakob Jakobsen Jan 2017

Soil And Salvation: Danes In Montana, 1906-10. Part I: Soil, Jakob Jakobsen

The Bridge

When I discovered that my great grandfather and his fiancée had participated in the founding of the Dagmar colony in Montana in 1906, I did not expect my initial interest in this to lead to a research grant from DAHS that would enable me to dive even deeper into their adventure, for which I am very grateful. My fascination with their story follows from its connection to the collective history of Danish America. In this sense, my ancestors acted as individuals, but their “navigation” took place in a “landscape” that changed due to larger developments. As a result, they can …


Soil And Salvation: Danes In Montana, 1906-10. Part Ii: Salvation, Jakob Jakobsen Jan 2017

Soil And Salvation: Danes In Montana, 1906-10. Part Ii: Salvation, Jakob Jakobsen

The Bridge

When I discovered that my great-grandfather and his wife had participated in the founding of the Dagmar settlement in Montana in 1906, I did not expect my initial interest in this to lead to a research grant from the DAHS, enabling me to dive even deeper into their adventure, for which I am very grateful. My fascination with their story derives from its connection to the collective history of Danish America. In this sense, my ancestors acted as individuals, but their identity navigation took place in a cultural landscape that changed due to larger developments. As a result, they can …


Recollections Of S. D. Rodholm, Peter D. Thomsen Jan 2017

Recollections Of S. D. Rodholm, Peter D. Thomsen

The Bridge

In both pulpit and classroom, S. D. Rodholm was a great teacher and a true servant of the church. His capacity for learning and discernment was enormous, yet he never used big words nor in any way intimidated anyone. To me, he was always the wise, old seer. He made it very clear that his purpose in teaching was not to make cut and dried theologians out of us. His purpose, rather, was to help us, his students, become servants of THE WORD. He said many times, “Simple Christianity has been my life’s goal.” He hoped it would also be …


Contractual Arbitrage, Stephen J. Choi, Mitu Gulati, Robert E. Scott Jan 2017

Contractual Arbitrage, Stephen J. Choi, Mitu Gulati, Robert E. Scott

Faculty Scholarship

Contracts are inevitably incomplete. And standard-form or boilerplate commercial contracts are especially likely to be incomplete because they are approximations; they are not tailored to the needs of particular deals. Not only do these contracts contain gaps but, in an attempt to reduce incompleteness, they often contain clauses with vague or ambiguous terms. Terms with indeterminate meaning present opportunities for strategic behavior well after a contract has been concluded. This linguistic uncertainty in standard form commercial contracts creates an opportunity for “contractual arbitrage”: parties may argue, ex post, that the uncertainties in expression mean something that the contracting parties, ex …