Digital Commons Network^™

Of Tails And Dogs: Standards, Standardisation And Innovation In Assessment, Paul Maharg, Julian Webb

Articles & Book Chapters

The title of the conference from which some of the chapters in this book spring was '50 Years of Assessment in Legal Education'. The conference was an opportunity to look back, but also to look forward and think about how our legacy was formed in the last half century, and what of it we wanted to carry forward and shape differently in the future. In this chapter, we shall begin by giving a brief snapshot of legal education reform movements currently taking place in the Common Law world. We shall take one example of a recent consultation project in England …

Teaching Against The Grain: A Conversation Between The Editors Of The Griffith Journal Of Law & Human Dignity And Peter Mclaren On The Importance Of Critical Pedagogy In Law School, Peter Mclaren

Education Faculty Articles and Research

This article is a dialogue between the Editors of the Griffith Journal of Law & Human Dignity and leading scholar Peter McLaren, speaking to the importance of critical pedagogy within education and law.

Pro-Government Militias And The Legacy Of Military Rule In Latin America, Alexander Mendelsohn

Honors Undergraduate Theses

Currently Latin America experiences a phenomenon of widely varying levels of violence across the region. Many countries, such as El Salvador and Honduras, have exceptionally high murder rates upwards of 40 homicides per 100,000 people (UNODC 2015). Other countries, such as Uruguay and Argentina, have relatively low rates, below 10 homicides per 100,000 people (UNODC 2015). I believe this variation stems from the use of pro-government militias specifically employed in the past by military governments as tools of suppression. Under the guise of combating subversive elements within their countries, these groups were used to silence and repress those who opposed …

Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The American Flag: An Encyclopedia Of The Stars And Stripes In Us History, Culture, And Law, By J.R. Vile [Book Review], Rob Tench

Libraries Faculty & Staff Publications

No abstract provided.

African Americans And The Presidents: Politics And Policies From Washington To Trump, Rob Tench

Libraries Faculty & Staff Publications

Book review of African Americans and the Presidents: Politics and Policies from Washington to Trump, by F. Erik Brooks & Glenn L. Starks, Santa Barbara, CA: Greenwood, ISBN 9781440862113.

Shakespeare's Globe Archive: Theatres, Players & Performance, Rob Tench

Libraries Faculty & Staff Publications

No abstract provided.

The Ideal King: Brian Boru And The Medieval European Concept Of Kingship, Kody Whittington

Electronic Theses and Dissertations

When one thinks of great kings, and more specifically of great kings of the early medieval period, there are a few names that almost immediately come to mind. Charlemagne is perhaps the first great medieval ruler one may mention. Alfred the Great would likely not be far behind. Both these men represented, for their respective peoples, what a great king should be. The early medieval period was a time of development in thought and in practice for the office of kingship, and the writings and actions of the men of this period would have a profound influence in the following …

Civil War Memory And The Preservation Of The Olustee Battlefield, Steven Trelstad

Electronic Theses and Dissertations

This thesis explores the absence of a Union monument at the Olustee Battlefield one hundred and fifty-five years after the battle concluded though this field has a number of Confederate monuments. Moreover, after the Battle of Olustee in February 1864, the largest battle of the Civil War fought on Florida soil, the victorious Confederates killed wounded African American soldiers left behind after the Union retreat. This thesis examines why Olustee battlefield became a place of Confederate memory, enshrining the Lost Cause within its monuments for well over a half of a century that consciously excluded any commemoration of the Union …

Phoenicians In The Hebrew Bible, Brian R. Doak

Faculty Publications - George Fox School of Theology

No abstract provided.

National Security And Economic Globalization: Toward Collision Or Reconciliation?, J. Benton Heath

Fordham International Law Journal

No abstract provided.

Protecting Religious Freedom And Conscience: What Australia Might Learn From Germany, Patrick T. Quirk

Fordham International Law Journal

No abstract provided.

Late Woodland To Early Mississippian Period Subsistence In Coastal Georgia: Animal Remains From Taylor Fish Camp (9gn12), St. Simons Island, Thomas S. Clark

College of Graduate Studies: Theses & Dissertations

This study investigates subsistence strategies used by Native Americans living in coastal Georgia during the transition from the Late Woodland to Early Mississippian period (ca. AD 700 – 1100). Comparatively little subsistence data are available from the time frame on the southern Atlantic coast. Previous studies have focused mainly on archaeological sites representing preceding or subsequent time periods, and few studies of animal-use at coastal sites have used fine-screening methods. This paper presents the analysis and interpretation of invertebrate and vertebrate remains recovered with 1/16-in screens from Late Woodland/Early Mississippian period contexts at Taylor Fish Camp (9GN12), a multi-component site …

Land Art : True Capitalist Art, Annie Gustafsson

MA Theses

Land art is known to exist in remote locations, are immense in scale, are site specific and are incredibly costly to create. All of these traits make Land artworks inherently resistant to conservation and the secondary market.

If these artworks do not present an obvious investment opportunity, how then can an art movement like Land art even exist? What is its role in a capitalist driven society, if it cannot perform as a financial asset? Where then does the value in Land art lie?

This paper will attempt to explore the cultural effects on the movement, the subsequent methodologies developed …

American Bolsheviki: The First Red Scare In The United States, 1917 To 1920, Jonathan Dunning

Murray State Theses and Dissertations

This thesis looks to reframe the timeline of the First Red Scare in United States History. Historians of this period have consistently viewed the First Red Scare as occurring from 1919 to 1920. However, by viewing the First Red Scare as beginning in 1919, historians missed the fear of communism that developed in the US government and the American press and society throughout 1917 and 1918, starting immediately after the Bolshevik Revolution. Moreover, in the past, historians have done little to detail the connections between the Allied Intervention in Russia from 1918 to 1920 and the First Red Scare, despite …

A People So Different From Themselves: British Attitudes Towards India And The Power Dynamics Of The East India Company, Eric Gray

Murray State Theses and Dissertations

Gray, Eric, A People So Different from Themselves: British Attitudes Towards India and the Power Dynamics of the East India Company. Master of Arts (History), April, 2019, Murray State University, Murray, Kentucky.

Today, many characteristics of the nineteenth- and twentieth-century British Raj are well ingrained in the public consciousness, particularly Victorian Era Britons’ general disdain for numerous aspects of the many cultures found on the Indian Subcontinent. Moreover, while many characteristics of the preceding East India Company’s rule in India were no less exploitative of Indian peoples, evidence shows a much different relationship between British and Indian cultures during the …

Prosecuting In The Shadow Of The Jury, Anna Offit

Faculty Journal Articles and Book Chapters

This article offers an unprecedented empirical window into prosecutorial discretion drawing on long-term participatory research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make common sense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, …

Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi

Faculty Journal Articles and Book Chapters

The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is …

Regulating The Cybersecurity Of Insurance Companies In The United States, M. Bob Kao

Transactions: The Tennessee Journal of Business Law

While cybersecurity has been an important issue for all business sectors due to the rapid development of and reliance on technology and the increasing sophistication of unlawful actors, it is particularly significant for insurance companies because of the nature of the industry. The internet makes it possible to collect and store massive amounts of data, and this in turn requires the utmost confidence of consumers in the companies collecting this data. The growing concern for cyber risks has compelled insurance regulators to devise and implement frameworks and rules for insurance companies to follow. In the United States, insurance regulation is …

How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez

Catholic University Journal of Law and Technology

This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …

The Causal Effect: Implications Of Chronic Underfunding In School Systems On The Navajo Reservation, Adriana M. Orman

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The International Law Commission And The Progressive Development And Codification Of Principles Of International Environmental Law, Nilüfer Oral

FIU Law Review

No abstract provided.

Developmental, Ecological, And Life History Influences On Predator-Induced Plasticity In Songbirds, James Christopher Mouton

Graduate Student Theses, Dissertations, & Professional Papers

Predation is a ubiquitous ecological force that plays a major role in the evolution of phenotypes. Where the predation risk is predictable and variable, prey species are expected to evolve plasticity in traits that reduce the likelihood of being killed and eaten by predators. Such plasticity may be especially critical for the survival of dependent offspring because they are particularly vulnerable to predators and suffer high levels of predation across taxa. Yet the fitness effects of predator-induced plasticity can vary across life stages, differ between parents and offspring, or be mediated by interactions with other species in the community. The …

Jubah And Nashoba: An Artful History, Theodore Cecil Decelles

Graduate Student Theses, Dissertations, & Professional Papers

This creative dissertation unites art and history by writing a play using extensive historical research. The main body of work focuses on events surrounding the Natchez Revolt of 1729. The Natchez nation and colonial Louisianans attempted to accommodate each other by reaching a middle ground. Nonetheless, incivility culminated in a massacre at Fort Rosalie. The Natchez experienced profound sociopolitical changes that resulted in a downgrade of female power. North American history asserts many female chiefs interacted with colonial male leaders. Even so, female chiefs have remained at the margins of history. This creative work focuses on the hidden history behind …

Cultural Property Protection And Preservation During Counterinsurgency Operations: A Handbook For Archaeologists Choosing To Serve With The American Military In The Global War On Terrorism, Thomas Joseph Livoti

Graduate Student Theses, Dissertations, & Professional Papers

This dissertation is dedicated to an applied archaeological approach as stated in the mission declaration of UMDA’s Ph.D. program in Cultural Heritage and Applied Anthropology: “An overlapping concern of the Ph.D. program is applied anthropology, the use of the anthropological perspective to solve real-world problems, including cultural heritage, medical anthropology, and a host of international development issues. At the heart of our program is a strong commitment to employ anthropological theory to engage contemporary relevant issues with focused research for communities. While some that [sic] are awarded a Ph.D. in Anthropology from [sic] University of Montana will look toward teaching …

The Quest Of Vision: Visual Culture, Sacred Space, Ritual, And The Documentation Of Lived Experience Through Rock Imagery, Aaron Robert Atencio

Graduate Student Theses, Dissertations, & Professional Papers

This document will approach the multifaceted concepts that arise through the study of rock art and the cultivation of culture and belief through vision. Through this document the audience will encounter conceptual ideas regarding belief systems, ritual, experience, cognition, sacredness, and space/landscape — and how these are all essential dynamics that take place in the processes that cultivate the Shoshone visual culture. This document will employ an anthropological lens on the mentioned subject matters, while also approaching these concepts with an interdisciplinary curiosity of how they intermingle; creating a cohesive experience that focuses on these processes which empowered these people[s] …

Sinking The Island Of Constitutional Tax Immunity: A Uniform Approach To State Taxes On Goods In Transit Under The Import-Export Clause, Warren F. Smith

Georgia Law Review

The Framers of the U.S. Constitution adopted the
Import-Export Clause to prohibit the states from
interfering in international relations, to preserve import
revenue for the federal government, and to ensure
harmony between the states. The purposive inquiry
established by Michelin and Washington Stevedoring is
applied for all imports and exports except one category:
export goods in transit. The pre-Michelin decision,
Richfield Oil, provides complete constitutional tax
immunity for export goods in transit. This island of
constitutional tax immunity forces local taxpayers to
subsidize exporters and foreign consumers and unfairly
burdens coastal states with the regulatory,
administrative, and environmental costs of …

The Operational And Administrative Militaries, Mark P. Nevitt

Georgia Law Review

Admiral James Stavridis collapsed in his chair, exhausted. The four-star Navy admiral had just finished a six-month whirlwind tour of over thirty nations, flying on a state-of-the-art military aircraft surrounded by an enormous staff. He met with leaders from every member of the North Atlantic Treaty Organization (NATO), the heads of Russia and Israel, and several prospective U.S. and NATO allies. Not surprisingly, he met with each nation’s senior military leaders and ministers of defense in an effort to strengthen military-to-military relations and reinforce the bonds of the Atlantic Alliance that date back to General Eisenhower and the end of …

Steven Acroyd Goes To War: Expressions Of The War Experience In “The Victim”, Sydney Squires

Modernist Short Story Project

While “the image of the ‘shell-shocked soldier’ remains one of the most enduring of the First World War” (Keown, “Statements”), it is nearly impossible to find information about women’s trauma from World War I. While women were noncombatants, they were still heavily involved in warfare: they built the machines, drove the ambulances, and tried to keep their city from being bombed. However, after the war, their psychological trauma was not taken seriously. However, these war experiences still carried significant psychological weight for those who bore them. May Sinclair is one example of this: she was on the Belgian warfront for …

"I'M Controlling And Composing": The Role Of Metacognition In The Incredible Machine, Marc A. Ouellette

English Faculty Publications

The mouse sets the bowling ball in motion, which falls and squeezes the bellows, which sends out a puff of air, which sends the balloon into the gears that are connect by a belt to another mouse’s exercise wheel. The balloon pops. Having learned how this routine functions, I then move my mouse to connect the rest of the on-screen mice so that the pulleys of all of the caged mice spin with their wheels to punish the puzzle in time allowing me to move to the next level. Eventually, I will be able to make my own versions of …