Digital Commons Network^™

Teaching Business Associations With Group Oral Midterms: Benefits And Drawbacks, Joan Macleod Heminway

Saint Louis University Law Journal

No abstract provided.

Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb

Cleveland State Law Review

Each of these unique features [of the Rotten Social Background (RSB) defense] is skeptically received by the classical criminal law mainly because of its fundamentally non-scientific, folk-psychological position on free will. However, discoveries in contemporary neuroscience strongly support each of these features. While chemical, causal, and deterministic brain events indisputably play a central role, RSB is virtually ignored as a frightening intrusion by materialism into the dualist sanctuary of the law. Yet RSB, as an indicator species for the health of the criminal law’s philosophic ecosystem, cannot be discounted out of hand any longer. In fact, the reconciliation of law …

Creac In The Real World, Diane B. Kraft

Cleveland State Law Review

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …

Ethnic Disparities In The Reproductive And Sexual Health Screening Practices Of Ecuadorian Women, Ruth Castillo

Open Access Theses & Dissertations

Background: Evidence suggests that reproductive and other health disparities disproportionately affect Indigenous and Afro-Hispanic ethnic minority groups throughout the Latin American and Caribbean (LAC) region. Factors associated with reproductive health disparities in LAC countries include low social economic status (SES), poor health care access, racial and gender discrimination, machismo, health beliefs and low perceived risk for breast cancer, cervical cancer, sexual transmitted infections (STIs) and other conditions. Preventive measures such as health education and early screening is vital for disease prevention and detection. However, screening rates for breast cancer, cervical cancer, and STIs are lower in most LAC countries compared …

The Role Of Kentucky State-Supported Postsecondary Education In Creating A Healthier Citizenship, Julia K. Buchanan

Theses and Dissertations--Educational Leadership Studies

Citizens within the United States of America (USA) and the Commonwealth of Kentucky exhibit indicators of lessened health status in a variety of areas. Many chronic diseases and conditions are due to individual lifestyle behaviors, which can be modified through the implementation of dedicated health and wellness programming. Such programs, often housed within institutions of higher education, have the ability to impact many individuals including students, faculty, staff, and community members. This dissertation is a report of a mixed-methods study that begins to explore how state-supported postsecondary institutions may be able to impact individual behavior and thus, resulting health outcomes. …

Tobinick V. Novella, United States District Court For The Southern District Of Florida

Historical and Topical Legal Documents

No abstract provided.

The Views Of Mathematics Teachers On The Factors Affecting The Integration Of Technology In Mathematics Courses, Gül Kaleli-Yilmaz

Australian Journal of Teacher Education

The aim of this study is to determine the views of mathematics teachers on the factors that affect the integration of technology in mathematic courses. It is a qualitative case study. The sample size of the study is 10 teachers who are having postgraduate education in a university in Turkey. Current study was conducted at the three stages. At the first stage, software and learning objects were introduced to the teachers. At the second stage, the activities were performed to the teachers. At the third stage, teachers practiced a technology assisted course in a real classroom environment. After all stages …

New La-Icp-Ms U-Pb Zircon Dating For Strandja Granitoids (Se Bulgaria): Evidence For Two-Stage Late Variscan Magmatism In The Internal Balkanides, Philip Machev, Valentin Ganev, Laslo Klain

Turkish Journal of Earth Sciences

The Strandja Massif (Sakar-Strandja Zone) forms an important link between the Balkan Zone (external Balkanides) of Bulgaria, which is commonly correlated with the Variscan orogen in Central Europe, and the Western Pontides of Turkey. The Bulgarian part of the massif is composed of a metamorphic basement (various granite gneisses, paragneisses, and schists) traditionally interpreted as having Precambrian age, Triassic-Jurassic metasedimentary cover, and Upper Cretaceous volcanosedimentary sequences. The basement is intruded by large granitic plutons of Variscan age that are widespread mostly across Turkish territory. New LA-ICP-MS data support the suggestion of Variscan granitoid magmatism in the studied area but do …

Court Review: The Journal Of The American Judges Association 51:1 (2015)- Contents

Court Review: Journal of the American Judges Association

BOOK REVIEW

4 A Psycholegal Deskbook for Bench and Bar: Book Review of Forensic Assessments in Criminal and Civil Law.

ARTICLES

8 The Gatekeeper’s Toolbox: A Survey on Judicial Handling of Expert-Reliability Motions.

16 Using Third-Party Information in Forensic Mental-Health Assessment: A Critical Review.

36 What’s (Who You) Love Got to Do with It? Should Sexual Orientation Be a Permissible Basis for Peremptory Challenges?.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

48 The Resource Page.

Motorists, Motels, Mistakes, And More: Criminal Law Cases In The Supreme Court’S 2014-2015 Term, Charles D. Weisselberg, Daniel Chen, Sameera Mangena

Court Review: Journal of the American Judges Association

Despite its relatively modest size, last Term’s Supreme Court criminal docket packed a punch. The Court decided search-and-seizure issues important to day-today policing, it returned to the Crawford v. Washington line of cases, and several justices opined on the constitutionality of solitary confinement and the death penalty. This article reviews these and other criminal decisions with an eye toward issues most relevant to state courts. It closes with a brief glance toward the 2015 Term.

FOURTH AMENDMENT

Traffic stops and administrative searches were the focus of this Term’s Fourth Amendment cases. The Court issued important rulings on “add-ons” to legitimate …

Miranda Rights And Wrongs: Matters Of Justice, Richard Rogers, Eric Y. Drogin

Court Review: Journal of the American Judges Association

Judges are likely to respond with outright skepticism when the validity of a Miranda waiver is questioned because the defendant claimed to be merely “depressed” or “anxious” at the time of arrest. They may be reassured that extensive research on Miranda abilities has largely borne out this perspective.

Symptoms of depression and anxiety, by themselves, do not increase the chances of impaired Miranda comprehension or reasoning. For instance, defendants with even moderate to severe depression have roughly the same odds of impaired functioning as those with negligible depression. Only at the extreme levels of depression does a pattern of deficits …

Weddings, Whiter Teeth, Judicial- Campaign Speech, And More: Civil Cases In The Supreme Court’S 2014-2015 Term, Todd E. Pettys

Court Review: Journal of the American Judges Association

T here can be little doubt about the ruling for which the Supreme Court’s 2014-2015 Term will best be remembered. In its penultimate public session—and over four fierce dissenting opinions—the Court struck down all remaining state bans on same-sex marriage, thereby simultaneously setting in place an enormous milestone in the legal rights of America’s gays and lesbians and, for the ruling’s opponents, raising the specter of Lochner and judicial illegitimacy. We will begin by briefly revisiting that landmark ruling and then will turn to the Term’s other significant decisions, concerning issues involving administrative law, antitrust, due process, elections and redistricting, …

On Recusal Standards: The Yukon Francophone School Board Case, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Over the last number of years, a significant number of Canadian judges have joined the American Judges Association (Judge Russell Otter of the Ontario Court of Justice is the current AJA vice president). This has resulted in these Canadian judges receiving copies of Court Review. This has provided Canadian judges with an excellent source of information concerning the law as it exists and unfolds in the United States of America. Though there are substantial differences between the constitutions and legal systems of our two countries, there are also great similarities. Thus, Court Review provides Canadian judges with information that is …

Court Review: The Journal Of The American Judges Association 51:3 (2015)- Whole Issue

Court Review: Journal of the American Judges Association

BOOK REVIEW

90 Writing Like the Best Judges.

ARTICLES

94 Weddings, Whiter Teeth, Judicial-Campaign Speech, and More: Civil Cases in the Supreme Court’s 2014-2015 Term.

106 Making Continuous Improvement a Reality: Achieving High Performance in the Ottawa County, Michigan, Circuit and Probate Courts.

116 Implicit Bias and the American Juror.

DEPARTMENTS

86 Editor’s Note.

87 President’s Column

. 88 Thoughts from Canada.

122 Crossword.

126 Notice of Proposed Bylaws Changes.

128 The Resource Page.

Self-Represented Litigants And Civil Case Dispositions In Missouri: An Impact Analysis, Anne Dannerbeck Janku, Joseph A. Vradenburg

Court Review: Journal of the American Judges Association

Access to justice is an important issue for the Missouri judiciary as it is for many other states. The issue fostered several recent national initiatives,1 including a 2010 Department of Justice Access to Justice Initiative.2 Part of the agenda for that initiative involves identifying ways to ensure fair and just outcomes for all parties to a case. Some observers of the judicial system have expressed concern that self-represented litigants may not experience fair and just outcomes. As part of Missouri’s own access-to-justice initiatives, this study was undertaken to understand how self-representation impacts outcomes in civil cases.

About half the cases …

What’S (Who You) Love Got To Do With It?* Should Sexual Orientation Be A Permissible Basis For Peremptory Challenges?, Colin P. Saltry

Court Review: Journal of the American Judges Association

Friday mornings in the Philadelphia Court of Common Pleas are unofficially designated as civil-jury days. The vast majority of jury panels leaving the Juanita Kidd Stout Center for Criminal Justice and heading over to City Hall on Friday mornings are listed for civil cases—anything from motor-vehicle accidents and contract disputes to complex medical-malpractice and products-liability cases. These panelists—not always bright-eyed and bushy-tailed, though more often than not awake and attentive—are Philadelphians of all stripes. They come from all corners of the city and are, for the most part, pleasant folks. My job as judge’s tipstaff1 is to work with these …

A Psycholegal Deskbook For Bench And Bar: Book Review Of Forensic Assessments In Criminal And Civil Law, John W. Brown, Benjamin K. Hoover

Court Review: Journal of the American Judges Association

The role of the modern trial judge maintains basically a managerial character,1 but the tools at the judge’s disposal are continually evolving. To perform effectively, the judge must draw upon an array of legal and technical resources. To this end, Forensic Assessments in Criminal and Civil Law provides valuable insight regarding forensic mental-health assessments from a technical, scientific perspective. Numerous contributors submit overviews and analyses of the various ways in which forensic mental-health assessments are employed by the court system. This review examines Forensic Assessments in Criminal and Civil Law as a resource for the bench.

Overall, the book is …

Judge Jack Weinstein And The Allure Of Antiproceduralism, Howard M. Erichson

Faculty Scholarship

In one sense of the word proceduralist — a person with expertise in procedure — Judge Jack Weinstein is among the leading proceduralists on the federal bench. But in another sense of the word proceduralist — an adherent of proceduralism, or faithfulness to established procedures — he falls at a different end of the spectrum. Looking at four examples of Judge Weinstein’s work in mass litigation, this Article considers what it means to be an antiproceduralist, someone unwilling to let procedural niceties stand in the way of substantive justice. The allure of antiproceduralism is that it eschews technicalities in favor …

Legitimacy And Expertise In Global Internet Governance, Olivier Sylvain

Faculty Scholarship

Over the course of the past decade or so, attention among Internet policymakers and scholars has shifted gradually from substantive design principles to the structure of Internet governance. The Internet Corporation for Assigning Names and Numbers in particular now faces a new skepticism about its legitimacy to administer the essential Internet Assigned Numbers Authority function. ICANN has responded to these doubts by proposing a series of major governance reforms that would bring nation-states more into the organization's decisionmaking. After all, transnational governance institutions in other substantive areas privilege nation-states as a matter of course. This Symposium Essay shows that these …

Agora: Reflections On Zivotofsky V. Kerry Presidential Signing Statements And Dialogic Constitutionalism, Catherine Powell

Faculty Scholarship

When the Supreme Court held that the executive branch has exclusive authority to recognize foreign sovereigns in the Jerusalem passport case, Zivotojsky v. Kerry (Zivotojsky lI), Jack Goldsmith hailed the decision as a "vindication" of presidential signing statements and executive power. Indeed, in the context of the debate over the treatment of the terror suspects, the New York Times had called such signing statements the "constitutionally ludicrous" work of an overreaching, "imperial presidency." Others in this Symposium and elsewhere have covered what a "bonanza" Zivotojsi II is for foreign relations law, the competing visions of foreign relations at the case's …

The Potential For Internal Trade And Regional Integration In Africa, Alemayehu Geda, Edris Hussein Seid

Journal of African Trade

This study examines the potential for intra-Africa trade and the prospects of advancing regional economic integration through such trade. A variety of empirical models are deployed for the purpose. The analysis and model simulation results reveal the existence of significant potential for intra-Africa trade. However, realizing this potential and hence the effort to advance regional integration through intra-Africa trade is challenged by lack of complementarities of exports and imports as well as the relative competitive position of African potential export suppliers. This is the result of weak infrastructure, productivity and trade facilitation — in short, acute export supply constraint that …

Differential Effects Of Trade On Economic Growth And Investment: A Cross-Country Empirical Investigation☆, Maureen Were

Journal of African Trade

The paper empirically examines the differential effects of trade on economic growth and investment based on cross-country data. In general, the results are largely consistent with the positive impact of trade on economic growth as found in the literature. However, the empirical results based on different categories of countries show that whereas trade has positively impacted economic growth in developed and developing countries, its effect is insignificant for least developed countries (LDCs), which largely include African countries. Nonetheless, additional results suggest that trade is a key determinant of foreign direct investment (FDI) across all country groups including LDCs, as well …

Stars, Stripes, And Swastikas : The American Turners And National Identity, 1935-1945, Amy Rekward

Dissertations and Theses @ UNI

Although German Americans were unable to completely recover from the discrimination endured during World War I, the American Turners proved to be a resilient group. Despite the insistence of some scholars that the German-American community in the United States lost the battle for cultural pluralism, from 1935 to 1945, the American Turners continued to craft and foster a unique Turner identity. Composed of what members perceived to be the best aspects of their German and American identities, the Turner identity allowed American Turners to both valorize their German heritage and present themselves as devoted Americans. My research into the American …

On Body Dumps : The Rhetorics Of Corporeal Narcoterrorism, Evan Mitchell Schares

Dissertations and Theses @ UNI

Though the exact number is unknown, estimates indicate the trade and movement of narcotics have resulted in over 60,000 murders of Mexican citizens. As a result of the rising narcoviolence, Felipe Calderón, early in his presidential administration, made the “War on Drugs” a top priority. Despite this effort to curb the violence, in 2010 alone, more than 15,200 lifeless bodies have been left across Mexico, most likely by drug cartels. A nascent phrase, body dumps, has risen in journalistic reports describing this conscious relocation of the ruined corpse to highly visible traffic areas. This thesis explores the rhetorical constructions of …

“God Will Deliver Us” : Human Rights Abuses From Guatemala To Iowa And Back, 1980-2014, Raeann Lillian Swanson

Dissertations and Theses @ UNI

Guatemala’s long internal conflict, the lack of justice, the general poverty, and continued violence since the signing of the 1996 Peace Accords prompt many people to migrate to the United States in search of jobs and opportunities for their family. Since the 1980s, Guatemalans have settled in Postville, Iowa, a small town that is nationally recognized for the ethnically diverse populations that live and work there. In 2008, it was also the site of the largest Immigration Customs Enforcement (ICE) worksite raid to date and the following criminal trials were unprecedented. Because of the tragedy in Postville, sources that detail …

In Connection With All Things : The Memory Of Alexander Humboldt And His Works In The Context Of 19th Century Thought In Europe And America, Ray Joseph Werner

Dissertations and Theses @ UNI

This thesis explores the memory of Alexander von Humboldt, the explorer and philosopher who was known for his travels throughout Europe, Asia, South America, and North America. This paper will examine primary and secondary sources throughout the 19^th and 20^th centuries that mark a change in just how Humboldt was remembered, once as a great thinker, philosopher, and romanticist, then eventually as little more than an empirical scientist. This thesis will contribute to modern understandings of this man by looking at popular publications and writings that track this change over time. It will contribute to the modern understanding …

Perceived Effects Of Family Status Changes On Male Collegiate Outdoor Recreation Coordinators, Andrew K. Martin

Dissertations and Theses @ UNI

A career as a collegiate outdoor recreation professional is both a challenging and rewarding occupation. It is a position that consists of inconsistent hours as well as extended periods away from home. This qualitative study identified how changes in family status affect an individual’s perception of the position as a collegiate outdoor recreation coordinator. More specifically, the perceived benefits or challenges that occur throughout the family status changes, and what effect, if any, these perceptions had on the individual’s work performance, job satisfaction and career longevity.

Using a phenomenological approach, semi-structured interviews were conducted with eight individuals who were employed …

Implementation Of The Environmental Issues Instruction Model By Elementary Teachers, Barbara Ann Ehlers

Dissertations and Theses @ UNI

Teachers attend many professional development experiences throughout their professional careers. Many teachers attend because they have a personal desire for professional growth. In addition, in the state of Iowa, they are required to engage in professional development to renew teacher licensure. Professional development is offered on a myriad of topics including the latest educational research on learning, innovations in curriculum, and instructional strategies to use in the classroom. However, just attending does not guarantee improved professional practice. After these experiences teachers may or may not implement the strategies, teaching methods, or information they have learned.

This qualitative study analyzed data …

The Ongoing Faculty Development System: A Case Study Exploring Content Methods Teacher Education Faculty Technological, Pedagogical, Content Knowledge Development, Daniel James Mourlam

Dissertations and Theses @ UNI

Society has changed from manufacturing to information-based, resulting in an emphasis in different knowledge and skills. When entering the profession, new teachers will be expected prepare learners for key 21st century skills using digital technologies. At a time when near technological ubiquity exists, development of these skills using digital tools has become an expectation. As teacher education programs have responded to the demands for more new teachers that can leverage technologies to develop 21st century skills, much of this preparation has occurred in instructional technology focused courses. However, in recent years attention has shifted to developing these skills in content …

Rural Clinicians’ Perceived Ethical Dilemmas: Relationships With Clinician Well-Being And Burnout, Amithea M. Love

Antioch University Dissertations & Theses

Mental health clinicians are bound by professional ethics codes that are intended to ensure beneficence toward clients. When clinicians reside in rural areas, ethical dilemmas result from the distinct nature of rural life and clinical practice. Despite extant literature on the ethical dilemmas of rural practice, little research has examined the effect of ethical dilemmas on the social-emotional functioning of clinicians. In response to this need, the study investigated the relationships of frequency of and discomfort from ethical dilemmas on clinician social-emotional functioning. Participants were rural and small town clinicians (N = 60) between ages 24-65 and primarily Caucasian (83.3%), …