9150 research outputs found
Sort by
Towards Engaged Scholarship
Get PDFThe presenting question for the 2012 Symposium was how can engaged scholarship enhance teaching to prepare students for the legal profession and help to solve the critical problems of the day.12 The event employed a format designed to discover new ways of thinking about engaged scholarship. Each participant was asked to draft and submit in advance brief reflections on this question. At the Symposium, each professor attended seven breakout sessions held throughout the day. At each of these sessions, one participant presented to a small group of professors for ten minutes on her reflections, pinpointing issues, challenges, and themes involved in engaged scholarship; the remaining thirty minutes were spent in discussion with the group led by a facilitator. With three roundtables operating for each of these seven periods, twenty-one sessions were held, enabling each participant to present and to facilitate a forty minute roundtable. Every participant had an opportunity to engage in a small group with all those participating in the Symposium at some point during the day. The breakout sessions were followed by an hour-long wrap up conversation designed to define and discuss the principal issues that participants should address in their final reflections.
Part II of this article synthesizes the critical issues presented at the Symposium. Part III contains the reflections of the Symposium participants—a group of scholars deeply focused on the question of what, exactly, engaged scholarship means in an era of fundamental change in legal education. In Part IV, we conclude with several themes that we recommend for our colleagues’ consideration as they reflect on and move us further toward a clear definition of engaged scholarship
Cleaning Out the Closet: A Proposal to Eliminate the Aesthetic Functionality Doctrine in the Fashion Industry
Get PDFThe aesthetic functionality doctrine seeks to promote competition, but is ineffective in the fashion industry because there is not one design that will be the most aesthetically appealing to everyone, as there is in other industries. This Article examines the various problems with the aesthetic functionality doctrine, and will argue that this doctrine, while relevant in other industries, should be eliminated from fashion
Ethnic Identity and Working Alliance in Psychology Supervisory Relationships
No full textWith the increasing percentage of non-mainstream (e.g., ethnically diverse) individuals studying and practicing psychology, research on race and ethnicity is critical towards understanding their role in professional development. Recent studies have demonstrated the importance of incorporating discussions of racial attitudes and culture in counseling supervision. Racial and ethnic identities have been suggested as potential facilitators or inhibitors in supervisory relationships. Racial identity (RI) development has been found to be related to supervisors\u27 and supervisees perceptions of the supervisory working alliance. Supervisory dyads where both the supervisor and the supervisee have high levels of RI development have been found to have the strongest supervisory working alliance (i.e., most satisfied with the relationship). Conversely, dyads in which both members have low levels of RI development have been found to be the least satisfied with their relationship (Bhat & Davis, 2007; Ladany, Brittan-Powell, & Pannu, 1997). This study examined whether similar relationships exist between ethnic identity (EI) development and the supervisory working alliance. The sample included 164 participants, 68 supervisors and 96 supervisees. Analyses on supervisory dyads included 64 dyads, 57 supervisors and 60 supervisees. All participants completed the Ethnic Identity Scale to measure their level of El development. Supervisors and supervisees in supervisory dyads were assigned to interaction groups based on their level of EI development. Supervisors completed the Supervisory Working Alliance Inventory and supervisees completed the Supervisory Working Alliance Inventory - Trainee Version to measure the working alliance in counselor supervision. Results revealed that supervisors and supervisees did not differ significantly in their level of EI development. There was a significant difference found between supervisors and supervisees level of El affirmation (i.e., their feelings toward their ethnicity). In contrast to prior findings with RI development, a relationship was not found between EI development and the supervisory working alliance. Reliance on supervisor/supervisee self-report rather than their perceptions of each other\u27s EI development may have contributed to disparate findings. In order to obtain less biased data, future studies should include participants\u27 assessments on all of their supervisory relationships instead of allowing them to self-select individual supervisors/supervisees
Reexamining the Seventh Amendment Argument Against Issue Certification
Get PDFIssue certification does not run afoul of the Seventh Amendment because of the constitutional doctrines of standing and ripeness. Part II(A) and II(B) examines FRCP 23 and the history of class actions and issue certifications. Next, Part II(C) analyzes Rhone Poulenc and its Seventh Amendment analysis. Part III(A) argues that ripeness and standing undermine Seventh Amendment arguments concerning reexamination. First, as to ripeness, the reexamination argument relies on a series of speculations: that the class plaintiffs will prevail on the trial of the common issues; and that a second jury would—contrary to legal presumptions — ignore the trial judge’s instructions, and then reexamine some part of the class decision. These multiple suppositions should not preclude issue classes. Second, even if the matter becomes ripe, the defendant will still lack standing: it is only when the issue-class plaintiff prevails on the first round that a second jury could exist. If the second jury spurns the trial court’s instructions by revisiting issues decided in the first trial, that reexamination would likely redound to the defendant’s benefit, diminishing in some manner the common issue finding favoring the class plaintiffs. Thus, the defendants would lack standing to advance a Seventh Amendment claim because the defendants would suffer no harm. Finally, Part III(B) notes that the class plaintiffs—the likely potential victims of any jury reexamination—can avoid a Seventh Amendment complaint by voluntarily and knowingly waiving violations, just as American citizens can for any of their constitutional rights
Meaningful Involvement in Collections: Should Ethics or the FDCPA Govern?
Get PDFThis Note will explain and analyze the Fair Debt Collection Practices Act (FDCPA) and its case law. It will also discuss the interplay between the FDCPA case law and its ethical overtones. To understand the basis of this issue, Part II of this Note will begin by briefly developing the history and background of the FDCPA and discuss specific sections of the law designed to protect debtors from abusive debt collection practices. Notably, these sections relate to the prevention of improper practices for misleading debtors, and are the focus of the lawsuits that this Note will discuss. Accordingly, Part III will briefly discuss what a dunning letter is and the similarities of the two standards of review used by the federal courts of appeals to determine whether a dunning letter is misleading. Part IV of this Note will discuss the judicially created doctrine of “meaningful involvement” and how the federal courts have allowed attorneys to include an appropriate disclosure of the level of involvement. Part V of this Note will discuss the Ethics Opinion in detail and its resulting impact on disclaiming attorney involvement. Specifically, this Note will address the direct conflict between the Ethics Opinion and federal case law, which allows attorneys to disclaim their involvement when sending an initial communication under the FDCPA. Finally, Part VI will propose a solution to resolve the conflict between the varying case law and the ethical issues presented
Emotionally Intelligent Conflict: The Influence of Emotional Intelligence, Individual Traits, and Human Capital Characteristics on the Conflict Preference of Collaborating
No full textGrounded in the literature of conflict, this thesis sets forth a detailed model to explain how an individual’s emotional intelligence, individual traits (Need for Closure and Locus of Control) and demographic characteristics of age and educational level can lead to, and moderate, the preference for collaboration when in conflict. Collaboration is a style of behavior that has such positive long-term benefits it led Thomas (1976) to conclude “… on the whole, collaboration is a desirable state of affairs for individuals and organizations.” (p. 911). Thus, collaborating is often thought of as a conflict behavior that has the potential to most successfully manage the consequences of workplace disputes. The results, based on a sample of 139 engineering and construction professionals at a large multinational headquartered in the northeastern United States, suggests that the emotional intelligence that is expressed in the abilities of conflict management is related to a preference for collaborating as a means of conflict resolution. However, no moderating effects were found to the relationship between emotional intelligence in the area of conflict management competencies and this conflict preference despite theorized relationships between the conflict style of collaboration and these items. These findings are relevant to the design and implementation of conflict management development programs and also raise a number of additional research questions concerning the links between the various emotional intelligence competencies and the behaviors used in this complex conflict management style
An Investigation of Providing Technology Professional Development to In-Service Teachers through Reverse Mentorship: A Case Study
No full textThe delivery of technology professional development in elementary and secondary school systems typically follows a traditional approach. In-service teachers receive information from experts that may stand and deliver the topics that they have been charged with addressing. Adult Learning Theory and best practices in educational professional development suggest that this conventional approach may not be the most effective way to provide in-service learning experiences. Calls for professional development that is more relevant to the teacher, more hands on, and more aligned to daily instructional practice have increased. As schools embrace new technologies at an ever increasing rate, new models of in-service professional development that can keep pace and effectively train teachers, are needed. Reverse mentoring may have potential as technology professional development delivery model. Used in corporate settings initially, in reverse mentoring, the student becomes the teacher. This study explored whether or not reverse mentoring assisted teachers in the adoption of new technology using a self-reporting instrument known as The Stages of Adoption of Technology. It also examined teacher attitudes toward reverse mentoring as a professional development delivery model. The study found that student and teacher reverse mentorship training resulted in technology adoption for most of the participants. While there were issues that surfaced during the case study, which primarily centered on the absence of structured time for the mentor and mentee, views of the model were favorable. In addition to indicating possible structural and logistical issues involved with the implementation of a reverse mentoring technology professional development model, findings provide insight into how such an experience can be optimized for improved training outcomes. Teacher participant responses, and their advancement in technology adoption, suggest that reverse mentoring may be a viable way for delivering professional development in 21st Century schools
Cash from Chaos: Sound Recording Authorship, Section 203 Recapture Rights and a New Wave of Termination
Get PDFThe thesis of this Article is that under an exclusive recording agreement entered into in the United States between a record label and recording artist on or after January 1, 1978, any key member of recording artist that signed the recording contract is a bona fide author of a sound recording for purposes of claiming standing in order to effectuate a termination of transfer of grant under Section 203 of the 1976 Copyright Act.
Part I will summarize the history of sound recordings as copyrightable subject matter. Part II will examine record industry custom and practice as it relates to the relationship between recording artists and record labels under exclusive recording agreements. Part III will examine what occurs in a typical recording session for the purpose of offering indicia of who is making substantive creative decisions that affect the final sound recording. Part IV will explore different theories of who may reasonably articulate a claim of authorship credit in a sound recording. Part V will present a nuanced, reasonable and practical solution to the issue of determining who has standing as an author of a sound recording for purposes of terminating a grant of transfer under Section 203 of the 1976 Copyright Act
The Use of the Psychopathy Content Scale-16 (P-16) in an Adolescent Inpatient Setting
No full textThis study was an effort to explore and expand the research in the field regarding the credibility of self-report measures when measuring psychopathic-like traits in children and adolescents. Some clinical research efforts have been devoted to developing screening indicators to ascertain whether a more comprehensive assessment of psychopathy traits might be advisable. This study examined the relationships between the abbreviated Psychopathy Content Scale (P-16; Salekin, Ziegler, Larrea, Anthony, & Bennett, 2003) taken from the Millon Adolescent Clinical Inventory (MACI; Millon, 1993) with performance and self-report based measures. Findings supported the convergent validity of the P-16 as a potential screener of psychopathic-like traits in youth. The strongest relationships were found when using the P-16 Total Scale score. Furthermore, using the P-16 cut off score of 10 or higher yielded the most predictable results. It was found that those adolescents that scored high in psychopathy were between 6 to 7 percent of the total inpatient adolescent sample. Conclusions showed that it is of upmost importance to obtain a clearer picture of those psychopathic traits that might develop early in childhood in order to delineate a more homogenous subgroup of children with conduct problems that may be at risk for psychopathy. The assessment of psychopathic-like features with vulnerable youth can then help facilitate prevention, early intervention, and treatment
Identity, Perceived Discrimination, and Psychological Well-Being in Sikh Americans
No full textPost 9/11, Sikh Americans became particularly susceptible to discrimination due to often being misidentified as Arab American or Muslim, and subsequently assumed by some to be associated with terrorism. Research has demonstrated that discrimination experienced by people of color can have a variety of negative effects on their physical and mental health. However, the discrimination experiences of Sikh Americans have not yet been captured utilizing a quantitative method in the psychology literature. The present study conceptualized religious identity as being comprised of both a psychological dimension (i.e., in-group ties, in-group affect, and centrality) and behavioral aspect (i.e., engaging in Sikh religious practices). The relationships between religious identity (both psychological and behavioral), perceived discrimination, and psychological well-being (specifically, life satisfaction and resilience) were examined using a quantitative method in a sample of 228 Sikh American adults who self-identified as South Asian and Sikh. In addition, this study investigated whether religious identity moderated the effects of perceived discrimination on psychological well-being. Participants completed an online survey comprised of the Lifetime Exposure scale of the Perceived Ethnic Discrimination Scale—Community Version, a multi-dimensional measure of social identity, items measuring the frequency in which Sikh principles and practices were followed, the Satisfaction with Life Scale, the Brief Resilience Scale, and a demographic questionnaire. Results revealed that individuals who had a stronger psychological identification as Sikh reported significantly higher satisfaction with their lives (p = .000). The behavioral aspect of Sikh identity was a marginally significant predictor of both life satisfaction (p = .055) and resilience (p = .091). Higher perceived discrimination scores significantly predicted lower life satisfaction scores (p = .004). The behavioral aspect of Sikh identity and perceived discrimination had a significant, positive relationship ( p = .003). There were no moderating effects found for either the psychological or behavioral dimensions of religious identity on the relationship between perceived discrimination and psychological well-being. Given the underrepresentation of Sikh Americans in the psychology literature, this study shed some light on this population\u27s discrimination experiences and their identity. The major findings of this study suggest that Sikh Americans with a stronger behavioral identity experience or are more aware of discrimination; individuals who reported more discrimination also reported lower life satisfaction. However, individuals with a stronger psychological identity (e.g., sense of belonging and similarity with other Sikhs, positive feelings about being Sikh) reported having higher life satisfaction. Given that Sikh Americans are particularly vulnerable to discrimination, it is important for practitioners to develop an awareness of the complexity of the Sikh identity, the unique discrimination experiences they face, and identify factors such as strong psychological identity that may minimize the negative effects of discrimination