bluuebunny/crossref_metadata_2025 huggingface dataset:
Risking Relationships: Understanding the Litigation Choices of Sexually Harassed Women
Authors: Morgan Phoebe A.
Published: June 2006

Resource mobilization and gender socialization theories go a long way toward explaining why so many sexually harassed women opt not to report their problems, but they shed little light on why some still choose to take action and sue. This article examines how relationality can affect a sexually harassed woman's decision to sue. An analysis of 31 litigation narratives shows that regardless of the severity of the harassment, or the amount of legal aid available, maternal responsibilities, marital commitments and parental approval can become pivotal considerations. Some considered the integrity of familial ties to be priceless assets worth suing for. Others deemed them too valuable to risk losing in a contest over rights. These narratives confirm feminist assertions that relationships—especially familial ones—often play a central role in the choices that women make. They also challenge popular assumptions about what constitutes a “personal choice” and under what circumstances women are likely to chose to litigate.
Trials of Strength: The Reconfiguration of Litigation as a Contested Terrain
Authors: Boon Andy , Flood John
Published: June 2006

The past 15 years have seen a significant attempt by governments in the United Kingdom to restructure the market for legal services. As a part of this program, in 1992 the English bar finally lost its exclusive jurisdiction over advocacy. Although solicitors could qualify to appear as advocates in the higher courts, few have so done. We explore the perceptions of legal professionals, solicitors, and barristers through a qualitative study. By examining the legal profession as a set of connected but differentiated and competing fields of practice, we show how change resonates with the legal market. We find that institutional coherence and client service vie with the desire to become complete lawyers in the rationale for solicitor advocacy. The identification of institutional constraints on the pursuit of professional hegemony leads us to qualify the proposition that professionals are motivated purely by economic returns or market dominance.
Moving Away from “Up or Out”: Determinants of Permanent Employment in Law Firms
Authors: Gorman Elizabeth H.
Published: June 2006

Large law firms are increasingly moving away from the “up or out” organizational model by employing lawyers on a permanent basis under a variety of titles, a trend with important consequences for the structure of lawyers' career opportunities. Some firms, however, have moved farther in this direction than others. Using data from a nationwide sample of law firm establishments, this study investigates factors that lead firms to implement permanent employment arrangements. The results show that firms that are more exposed to new features of the changing legal environment make greater use of permanent employees. Permanent employment arrangements are more common in law firms where work is more complex, ties to clients are weaker, and lawyers place less emphasis on collegiality. Effects are stronger for lawyers with nontraditional titles such as “senior attorney” and “senior counsel” than for permanent associates, suggesting that firms employ two distinct categories of permanent non-partner lawyers.
Blood Justice: Courts, Conflict, and Compensation in Japan, France, and the United States
Authors: Feldman Eric A.
Published: June 2006

In the mid-1980s, many blood transfusion recipients and close to half of Japanese, American, and French hemophiliacs realized that they had been infected with HIV-contaminated blood. In this article I argue that the legal conflicts over HIV-tainted blood in those three nations defy conventional comparative claims about courts, conflict, and compensation. I first describe the similar policy responses of France, Japan, and the United States as public health officials came to realize that HIV threatened the safety of the blood supply. I then focus on what happened when infected individuals began to demand redress. I argue that the mobilization around law by plaintiffs, the centrality of the courts in handling conflicts over HIV and blood, and bold, innovative responses by the judiciary were not distinctive characteristics of the American conflict. Instead, law and courts in all three nations were central players in the battles over blood. Most strikingly, in comparison to courts in the United States, those in France and Japan have been significantly more responsive to plaintiffs' claims. When one looks beyond the courts to legal and legislative action more broadly, the United States has been the least accepting of the plethora of demands for recompense.
Do Repeat Players Behave Differently in Russia? Contractual and Litigation Behavior of Russian Enterprises
Authors: Hendley Kathryn , Ryterman Randi , Murrell Peter
Published: June 2006

We examine whether Galanter's repeat player (RP) concept helps in deciphering the law-related behavior of Russian enterprises. We adapt the RP concept to the Russian context defining the Russian repeat player (RRP). Using data from 328 enterprises, we examine whether RRP-ness explains the use of protokols of disagreement, petitioning to freeze assets, contractual prepayment, and litigation activity. RRPs are very different from Galanter's RPs, generally exhibiting less aggression and innovativeness, but suing other RRPs frequently. Examination of factors other than RRP-ness suggests the presence of lawyers is important in determining law-related activity, a result not necessarily expected in Russia.
Reexamining Litigant Success in State Supreme Courts
Authors: Farole Donald J.
Published: June 2006

Since Marc Galanter (1974) formulated the hypothesis that parties with greater resources, usually “repeat players,” fare better in courts and are better able to influence legal change than “one shotters,” numerous scholars have provided empirical insights into the extent to which stronger parties enjoy advantages in litigation. Studies of U.S. trial courts provide evidence that “haves” do tend to come out ahead (Galanter 1974; Owen 1971; Wanner 1975). Governments generally have been more successful in litigation than businesses and other organizations, which in turn have been more successful than individual litigants. Greater resources allow the “haves” to hire the best lawyers and incur the expenses for extensive discovery, expert witnesses, appeals to higher courts, and other activities. As repeat players, they can structure their interactions with the courts by carefully selecting cases to pursue, engaging in forum shopping, settling cases when the prospects appear low for success at trial or on appeal, implementing comprehensive litigation strategies, and developing favorable legal precedents.
The Two Motifs of “Why the ‘Haves’ Come Out Ahead” and Its Heirs
Authors: Epp Charles R.
Published: June 2006

Marc Galanter's 1974 article “Why the ‘Haves’ Come Out Ahead” has been exceptionally influential, and for good reason. Its analytic elegance and power, particularly in its famous distinction between repeat players and one-shotters, have illuminated many aspects of the legal process. Yet the article's influence also stems at least in part, I suspect, from the tension between its two related but very different motifs. It predicted that resource-rich parties will generally fare better than other parties in the legal system, and provided a coherent theoretical account of why: because such parties are more likely to be “repeat players” that have the organizational and resource capacities to “play for rules” over the long term. The “Haves” article also, on this basis, provided a coherent theoretical account of how the fates of “have not” parties in the legal system may be improved: by upgrading their capacities for longer-term strategic action, principally through increasing the funding of legal services, improving access to legal knowledge and skills, and organizing diffuse “have not” classes as repeat players. In these and other ways, “have nots,” he suggested, may achieve some of the organizational and structural advantages held by the “haves” (1974:140–44). This subtext might have had its own subtitle to “Why the ‘Haves’ Come Out Ahead,” such as “And How the ‘Have Nots’ Can Organize to Come Out Less Far Behind.”
Folk Knowledge as Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Punitiveness
Authors: Steiner Benjamin D. , Bowers William J. , Sarat Austin
Published: June 2006

This article traces interconnections between folk knowledge—the everyday, taken-for-granted understandings and beliefs that shape people's perceptions, actions, and reactions to events and situations—and legal action. It examines the consciousness of crime and punishment as that consciousness comes to bear when citizens are given the responsibility for the life or death decision made by jurors in capital cases. It seeks to identify the sources of both general and specific folk knowledge about the release of convicted capital murderers not sentenced to death and to elucidate the construction and concentration of such knowledge. One state—Georgia—where folk knowledge of early release is distinctively concentrated and different from other states serves as a strategic site for the analysis. Using Capital Jury Project (CJP) data from 3-4-hour interviews with 916 jurors in 11 states, we show that it is jurors' specific release estimates that influence their capital sentencing decisions, and we explore how folk knowledge figures in jury deliberations, despite court admonitions that such considerations are not to play a role.
Inquiry and Activism in Law and Society
Authors: Munger Frank
Published: June 2006

Two events in the past twelve months have made me think about the law and society field and activism—two events and many years of telling myself that our field is about more than research.
Mending Fences: Beyond the Epistemological Dilemma
Authors: Ewick Patricia
Published: June 2006

In his presidential address, Frank Munger (2001) asks us to consider a reconciliation between inquiry and activism. Although Munger uses the broader and more inclusive term “social inquiry” as his counterpoint to activism, I would like to focus on a particular type of inquiry, one that has deep roots in the Law and Society Association (LSA) and one that is most opposed to activism: social science inquiry. In short, I would argue that tensions that historically have kept the projects of inquiry and activism separate emerge out of a particular brand of inquiry known as empiricism and, among other things, its commitment to value freedom.
The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government
Authors: Epstein Lee , Shvetsova Olga , Knight Jack
Published: June 2006

What role do courts play in the establishment and maintenance of constitutional democracies? To address this question, we elaborate a model that draws on existing substantive literature and on theories that assume strategic behavior on the part of judges, executives, and legislatures. This model, in turn, leads to several behavioral predictions about the interactions among the relevant political actors. Although those predictions could be assessed in many distinct contexts, we focus on Russia. In particular, we provide a demonstration of how the model helps make sense of the behavior of the Constitutional Court (Konstitucjonnyj sud) in light of the difficult political situation it confronted. We conclude with some thoughts on the broader implications of our theory for the study of courts throughout Eastern Europe and how it may well illuminate constitutional politics in other parts of the world.
The Ex Ante Function of the Criminal Law
Authors: Darley John M. , Robinson Paul H. , Carlsmith Kevin M.
Published: June 2006

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the “ex ante” function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states (Wisconsin, Texas, North Dakota, and South Dakota) that had adopted a minority position on some aspect of criminal law reported the relevant law of their state to be no different than did citizens of “majoritarian” states. Path analyses using structural equation modeling suggest that people make guesses about what their state law holds by extrapolating from their personal view of whether or not the act in question ought to be criminalized.
Who Drives the Ideological Makeup of the Lower Federal Courts in a Divided Government?
Authors: Scherer Nancy
Published: June 2006

In this article, I examine whether divided government has any meaningful impact on the type of judges appointed to the lower federal courts. Specifically, I compare the voting behavior of Clinton judges confirmed before and after the Republicans took majority control of the Senate as well as the voting behavior of judges appointed by President Reagan before and after the Democrats took control of the Senate in the 1980s in order to detect whether judges appointed under divided government are more moderate than those under unified government. Believing that the Senate lacks the resources to have a meaningful impact in shaping judicial ideology on the lower federal courts—as hundreds of judges must be confirmed during the course of a presidential administration—I hypothesize that there is no difference in voting behavior between judges appointed under united and divided government. Consistent with my hypothesis, I find that there is no difference in voting behavior between judges appointed during united and divided government in three critical issue areas: search and seizure cases, race discrimination cases, and federalism cases. This was true of judges appointed during the Clinton and Reagan presidencies, and was true in all three issue areas tested.
Judicial Sentencing Decisions in Taiwanese Economic Crimes: Consequences of Swift Justice
Authors: Wang Hsiao-Ming , Fiftal Alarid Leanne
Published: June 2006

This study examines the effect of case-processing time on judicial sentencing decisions of economic crime in Taiwan. Studies have been conducted with cases involving misdemeanors and felony homicide, but not with serious economic offenses committed in countries outside of North America. As economic crime becomes increasingly an international problem, research from other countries will be more important. The hypotheses considered were as follows: as the time between the decision to prosecute and the judicial sentencing outcome decreases, both the likelihood of being sent to prison and the likelihood of receiving a longer prison sentence increases. Our findings indicated that case-processing time is not only an indicator of offense severity but also a factor in judicial sentencing decisions.
Rush to Judgment: An Empirical Analysis of Environmental Equity in U.S. Environmental Protection Agency Enforcement Actions
Authors: Atlas Mark
Published: June 2006

In 1992, theNational Law Journal (NLJ)published a study claiming that the U.S. Environmental Protection Agency discriminated against minorities in its civil judicial enforcement actions by penalizing environmental law violators in minority areas far less than in white areas.NLJclaimed that this differential showed a lack of commitment to protecting the environment and public health in minority areas. This article augments, reexamines, and analyzes in a more sophisticated manner the available data. My empirical analyses demonstrate the unreliability ofNLJ's methods and conclusions and indicate that minorities have not been discriminated against in these enforcement actions.
Mobilizing Law in Urban Areas: The Social Structure of Homicide Clearance Rates
Authors: Borg Marian J. , Parker Karen F.
Published: June 2006

This research explores the utility of Black's theory of law for explaining differences in homicide clearance rates across large cities in the United States. Using insights from the social disorganization literature, we develop and evaluate hypotheses regarding homicide clearance rates and aggregate measures of stratification, morphology, culture, organization, and alternative social control. Our findings support the argument that the rate of clearing homicide cases varies according to the social characteristics of the location where they occur. In particular, clearance rates were highest in cities marked by greater racial disparities in education, income, employment, and residence; greater residential stability; higher levels of educational attainment; higher expenditures for educational programs; and lower rates of homicide. We discuss the implications of our analysis for both the social disorganization literature and Black's theory, and we suggest directions for further inquiry into the relationship between structural conditions in urban areas and homicide clearance rates.
Remaking Law: Gender, Ethnography, and Legal Discourse
Authors: Griffiths Anne
Published: June 2006

In her book Susan Hirsch explores how Swahili Muslim women in the Kenyan coastal cities of Mombasa and Malindi pursue marital disputes in local Kadhi's (Islamic) courts. Focusing in particular on the Malindi Kadhi's court, Hirsch highlights how Muslim women actively use legal processes to transform the religious and local norms that underlie their disadvantaged position in this Swahili community in postcolonial Kenya. In her microlevel study, based on empirical work featuring court records, court observations, and participation in everyday life in the community, the author offers a nuanced analysis highlighting the ways in which women are both constrained and empowered in this setting where customary law, religious law, Western law, and social norms concerning male and female speech intersect and interact. Although constraints derived from local and religious norms operate to urge compliance with social convention that projects women as persevering wives who should suffer in silence in relation to their pronouncing husbands, some women are, nonetheless, able to negotiate these stereotypes to circumvent male power. Hirsch's study details the process whereby some Muslim women who resist patriarchal norms are silenced while others succeed in transforming the perception of womanhood to their advantage in their disputes with their husbands.
Pursuing Rights and Getting Justice on China's Ethnic Frontier, 1949–1966
Authors: Diamant Neil J.
Published: June 2006

This article explains how minority women in rural China managed to use state legal and political institutions to obtain a divorce, despite numerous obstacles. Beginning with a legal controversy over why women from the Yi minority were going to court for “fun” and then divorcing their husbands, I proceed to look at the many factors that may have contributed to divorce in rural China, such as state ethnic policy, generational empowerment, culture, and the role of community in mediation and collective action. While such factors were influential, I argue that women's divorce in Yunnan was largely the result of a particular, time-bound confluence of revolutionary political forces that were unique to China, and not the direct product of the law or ethnic culture and status.
The Institutionalization of Sanctions for Wrongdoing inside Organizations: Public Judgments in Japan, Russia, and the United States
Authors: Sanders Joseph , Hamilton V. Lee , Yuasa Toshiyuki
Published: June 2006

Recent years have seen a rapprochement between research on organizations and research on law. One goal of such research is a better understanding of how the structures of complex organizations and the normative and cognitive structures of law interact within different cultures. This article is part of that enterprise. We report results from surveys conducted in Moscow, Tokyo, and Washington in 1993 that asked respondents to judge acts of wrongdoing within corporate hierarchies and then asked them to propose sanctions for the wrongdoers. Most important, respondents' views of sanctioning reflect cultural differences in conceptions of the individual, the organization, and the rule of law. The discussion locates this research within the larger context of normative-cultural approaches to the study of organizations and indicates how this research tradition can be enriched by studying the attribution of responsibility.
Tuning to a Key of Gladness
Authors: Greenhouse Carol J.
Published: June 2006

The author reflects on the significance of violence (the theme of the 1997 Law and Society Association's annual meeting) for sociolegal scholars, considering the changing landscapes of law and difference, especially in the contemporary United States, as well as issues of vocation and agency.
The Organization of Prosecution and the Possibility of Order
Authors: Johnson David T.
Published: June 2006

In prosecution, as in armies, prisons, and schools, organization matters. Japanese prosecutors work in an organization that differs markedly from the organizations in which their American counterparts work. This fact has important implications for how prosecutors in Japan define and perform their central tasks and thus for the quality of Japanese criminal justice. Most critically, the Japanese way of organizing prosecution enables prosecutors to effectively manage the tension between two imperatives of justice that American regard as often incompatible and always in tension: the need to individualize case dispositions and the need to treat like cases alike so as to achieve “order.” As mirror and model, Japan can teach the United States how to improve the level of order in its own systems of criminal justice.
Blue Water Crime: Deterrence, Legitimacy, and Compliance in Fisheries
Authors: Kuperan K. , Sutinen Jon G.
Published: June 2006

This study adds to the limited body of empirical evidence on the effect that legitimacy and deterrence have on compliance behavior. The theoretical models of compliance behavior tested include the basic deterrence model, which focuses on the certainty and severity of sanctions as key determinants of compliance, and models which integrate economic theory with theories from social psychology to account for legitimacy, deterrence, and other motivations expected to influence individuals' decisions whether to comply. Probit and Tobit econometric estimators are used to examine the compliance behavior of 318 Peninsular Malaysian fishermen who face a regulation banning them from fishing in a zone along the coast. The results of the empirical analysis provide additional evidence on the relationship of deterrence and legitimacy to compliance. The findings are also used to draw implications for compliance policy for regulated fisheries.
Crime in the Breaking: Gender Differences in Desistance
Authors: Uggen Christopher , Kruttschnitt Candace
Published: June 2006

Despite increasing interest in understanding patterns of criminal behavior over the life course and, especially, desistance from crime, evidence about the predictors of these experiences has been derived only from samples of male offenders. We evaluate whether there are gender differences in the predictors of both self-reported illegal earnings and arrest among samples of recently released male and female offenders. Our analysis of gender differences illustrates how both the behavior of the offender and the behavior of law shape our understanding of the transition out of crime. We analyze event history data from a large-scale social experiment that provided employment to male and female offenders. The results indicate that (1) gender differences in the predictors of desistance largely depend on the domain of behavior under consideration; (2) indicators of normative status, as opposed to the perceived risks of crime or age-graded informal controls, are particularly important determinants of women's risks of rearrest.
Indicators of Successful Submissions to the Law and Social Science Program of the National Science Foundation
Authors: Hosch Harmon M. , Oliveri Matthew W.
Published: June 2006

This article examines the overall success of 1,428 proposals submitted to the National Science Foundation's Law and Social Science Program between 1986 and 1997. On average, proposals were successful 30% of the time. The research examined a number of variables that might have influenced the success rate. The type of institution in which the Principal Investigator (PI) was employed and from which the proposal was submitted, the number of years since the PI had earned his or her Ph.D., and membership in the Law and Society Association at the time the proposal was submitted were significant factors. Variables that were not predictive of success included membership in the American Psychology-Law Society, the gender of the PI, and the type of institution from which the PI earned his or her terminal degree. Finally, persistence is a valuable strategy; proposals resubmitted for consideration after having been declined were more likely to be funded.
Modelling of Floating-Slab Track with Discontinuous Slab
Authors: Hussein M. F. M. , Hunt H. E. M.
Published: June 2006

This paper presents three different methods for modelling a track with discontinuous slab under oscillating moving loads. These are the Fourier-Repeating-unit method, the Periodic-Fourier method and the Modified-phase method. The first two methods, borrowed from the literature of periodic infinite structures, are accurate if careful consideration is taken when performing numerical integrations. The third method, not presented elsewhere before, is faster and simpler; it is only valid for velocities of moving loads lower than the critical velocity of the track, but this “velocity effect” is of no consequence for underground railways.

Discontinuity of slab provides a parametric excitation for moving loads over floating-slab tracks. It is shown that in the frequency range of ground-borne vibration, more vibration propagates form such tracks at resonance frequencies of the slabs, compared with tracks with continuous slabs. It is found that the velocity effect is insignificant when calculating displacements of a typical floating-slab track under oscillating moving loads with velocities less than 100km/hr. However, a correction has to be made to account for the right phase between the input force and the output displacement.
Numerical Study of the Nonlinear Dynamic Behaviour of Reinforced Concrete Cooling Towers under Earthquake Excitation
Authors: Sabouri-Ghomi Saeid , Nik Farhad Abedi , Roufegarinejad Ali , Bradford Mark A
Published: June 2006

Reinforced concrete cooling towers of hyperbolic shell configuration find widespread application in utilities engaged in the production of electric power. In designing critical civil infrastructure of this type, it is imperative to consider all of the possible loading conditions that the cooling tower may experience. One important loading condition in many nations is that of earthquake excitation, whose influence on the integrity and stability of cooling towers is profound. Previous research has shown that the columns supporting a cooling tower are sensitive to earthquake forces, as they are heavily loaded elements that do not possess high ductility, and understanding the behaviour of columns under earthquake excitation is vital in structural design because they provide the load path for the self weight of the tower shell. This paper presents the results of a finite element investigation of a representative “dry” cooling tower, using realistic horizontal and vertical acceleration data obtained from the recent and widely-reported Tabas, Naghan and Bam earthquakes in Iran. The results of both linear and nonlinear analyses are reported in the paper, the locations of plastic hinges within the supporting columns are identified and the ramifications of the plastic hinges on the stability of the cooling tower are assessed. It is concluded that for the (typical) cooling tower configuration analysed, the columns that are instrumental in providing a load path are influenced greatly by earthquake loading, and for the earthquake data used in this study the representative cooling tower would be rendered unstable and would collapse under the earthquake forces considered.
A Simple Remedy for Elephant's Foot Buckling in Cylindrical Silos and Tanks
Authors: Chen J. F. , Rotter J. M. , Teng J. G.
Published: June 2006

Metal silos and tanks are susceptible to an elastic-plastic instability failure at the base boundary condition which is known as “elephant's foot buckling”, due to its characteristic shape. This form of buckle occurs under high internal pressure accompanied by axial forces in the shell structure. Current international standards for both the static design and earthquake design include a provision to ensure that this failure mode is prevented. However, the only available remedy is currently to increase the wall thickness of the bottom course or strake. In this paper, an alternative method of strengthening against elephant's foot buckling is explored in which a light ring stiffener is used at a critical location. The strengthened shell is analysed using linear elastic bending theory in this preliminary study. Within the scope of this research, the strengthening effect is shown to be sensitive to the size and location of the ring stiffener. Rings that are too small and rings that are too large both cause the strengths to be lower than that when the optimal ring size is used. This is, therefore, an interesting example of structural behaviour in which the provision of a larger amount of material than the optimum leads to reduced strength.
Physiological Testing for the Athlete: Hype or Help?
Authors: Lambert Mike
Published: June 2006

Success in sport at the elite level is dependent on, (i) athletes coinciding their peak fitness with important competitions; and (ii) at the same time remaining physically and mentally healthy and free of injury. The athlete has a better chance of achieving these goals if the support staff (coaching, medical and scientific staff) implement a well-constructed programme of gathering objective and subjective data from the athlete. This programme should include screening for the risk of injury and ill health and testing for fitness and sport-specific parameters that are associated with physical performance. Training intensity and the subjective response to each session should also be included in the monitoring programme. For endurance sports, training status can also be monitored via measurement of the physiological response to a constant submaximal workload. For the testing programme to be valid, the following criteria have to be fulfilled: 1) the tests should be reliable and valid; 2) the typical error of measurement of each test should be determined so that the results can be interpreted correctly; 3) the testing programme should be designed to answer specific questions relevant to the unique demands of training and preparation for a particular sport; and 4) results must be communicated clearly to the athlete and coach with particular emphasis on the practical application of the data.
The Role of Notational Analysis in Soccer Coaching
Authors: James Nic
Published: June 2006

Notational analysis is a technique for producing a permanent record of the events pertaining to a sporting event and is widely used by sports teams and individuals of various standards. This paper discusses how notational analysis can influence the coaching process, giving examples predominantly taken from published literature related to soccer. The conclusions derived from these works are critically appraised and alternative views given. Current issues that are relevant to both researchers and coaches, such as operational definitions and performance over time, are discussed using data collected via collaboration with a professional soccer team. Results are presented in a number of coach-friendly ways including a novel use of a ‘form chart’ using standardised values for performance indicators relative to the opposition's values. Finally, possible future directions in notational analysis research are briefly considered, including fuzzy logic and artificial neural networks.
Teaching Manual Communication to Preservice Teachers of the Deaf in an Accredited Comprehensive Undergraduate Teacher Preparation Program
Authors: Goodman Carol A
Published: June 2006

Noting that there are no standardized manual communication curricula or proficiency assessments available to teacher preparation programs, the author used a case study to describe how preservice teachers of the deaf are taught to incorporate American Sign Language and various forms of signed English as effective communication tools for students who are deaf and hard of hearing. An accredited undergraduate teacher preparation program located in a rural area was selected for the study. Eight curricular components were examined, and data were triangulated from observations, interviews, and document analyses. The author found (a) that manual communication was taught in three required courses making up 6.57% of the overall curriculum, (b) direct application to the classroom was limited, and (c) there was minor misalignment across the eight curricular components examined. The program did not require an exit-level proficiency exam.
Perceived Stress Among Deaf Adults
Authors: Jones Elaine, Ph. D , Ouellette Sue E , Kang Youngmi
Published: June 2006

The present article describes the effectiveness of stress management classes in decreasing perceived stress among Deaf adults. Deaf adults may experience unique stressors, in addition to circumstances associated with increased stress in the general population. The Perceived Stress Scale (S. Cohen, Kamarck, & Mermelstein, 1983) was used as a pretest and posttest measure for participants in a study of the Deaf Heart Health Intervention. Results indicated that (a) some Deaf adults may have higher levels of perceived stress than the general population, and (b) culturally appropriate stress management interventions are promising as a means of assisting Deaf adults to decrease levels of perceived stress, and hence decrease risk for stress-related illnesses. Future research will focus on obtaining a larger, more diverse sample of Deaf adults and refining the intervention for maximum effectiveness.
Do Profoundly Prelingually Deaf Patients With Psychosis Really Hear Voices?
Authors: Paijmans Robin , Cromwell Jim , Austen Sally
Published: June 2006

The psychiatric literature has described profoundly prelingually deaf people with psychosis who report hearing voices. The present study proposes that such reports in fact reflect the beliefs of professionals in mental health and deafness and not the hallucinatory experience of psychotic deaf people. The study demonstrates that it is functionally meaningless to assert that a prelingually profoundly deaf psychotic patient "hears voices," and provides a theoretical structure from which to consider more appropriately the internal experiences of deaf people with psychosis, and to encourage the clinically relevant articulation of these experiences. The authors also suggest that the "true" phenomenological experience is of secondary clinical interest to the meaning imposed upon it by the client and the distress caused by it.
Being Modern: The Circulation of Oriental Objects
Authors: Kim Thomas W
Published: June 2006

This essay argues that a central force that mediates the relation of modern consumption to individuals is the figuration of the Far East Orient in America. The paper suggests how the Orient (as object and concept) acts both as an agent for and a palliative against the contradictions activated by modern consumption. The first part of the essay looks into the agendas of collectors, taste professionals, and travel writers such as William Griffis, Edward Morse, Clarence Cook, and Robert Blum that brought the Far East closer to the American consumer. Both the pedagogical and performative aspects of the Oriental object reveal how the Orient comes to be almost exclusively associated with things, things that can gather the problematics of the Orient both inside and outside America and things that can showcase the modernist dialectic of distance and proximity within the registers of history and geography. The traffic in aesthetic Oriental objects—and their absorption into the very homes of middle-class consumers—occasions an intimacy with the other, and the essay will go on to show how this process creates destabilizations in the time and space of the self and its attendant culture even as it ostensibly promises self-aggrandizement. The essay also captures the infiltration of the Orient-as-object into the disciplinary procedures of ethnography, and delineates how an aesthetic discourse of beauty epitomizes the ahistorical, apolitical engagements with the Far East that permeated both scholarly texts and mass media. The paper suggests that an aesthetic ethnography (exemplified by the travel narratives of Lafcadio Hearn and Eliza Ruhamah Scidmore) has the power to mediate the commensurability of the modern and the Oriental. Finally, the essay investigates a few exemplary popular and literary texts for their seminal figurations of the Orient(al) within the nexus of modernity and consumption. Readings of short stories by Beatrice Grimshaw and Frank Norris dramatize the intimate and reciprocal relation between the Orient and the modern. The texts demonstrate how fungible the Orient-as-concept can be within modern narratives of cultural translation and purification, the moral crisis of being possessed by objects, and the unsettling consciousness of experiencing the "past" and the "present" as coeval in everyday life. The paper also examines Cecil B. DeMille's The Cheat to capture the overdetermination of the American Orient in the film and how deftly the narrative stabilizes the dangers of overconsumption and the fears of a publicly traded material world. Consumption, capitalism, and questions of modernity are crystallized in the figure of the modern Oriental.
Kent State/May 4 and Postwar Memory
Authors: O'Hara John Fitzgerald
Published: June 2006

In negotiating the historical meanings May 4, 1970, Kent State University has produced an official memorial site on campus that has evolved in context with postwar responses to the Vietnam conflict. Over three decades, many monuments and memorials were produced, permitted, rejected or neglected according to changing historical, political and institutional imperatives. Official monuments and memorials traditionally stood in tension with unofficial and unrecognized objects of memory. Contemporary efforts to come to terms with history at Kent State have afforded official status to many previously unrecognized art works and artifacts. Thus, the current memorial field not only commemorates May 4, but also embodies a history of contest and recovery after the event and war. This article surveys a number of May 4 memorial objects, including Bruno Ast's official monument, Donald Drumm's Solar Totem, George Segal's Abraham and Isaac, and Robert Smithson's Partially Buried Woodshed, while it examines the persistence of forgetting in contemporary acts of commemoration.
The Stones of St. Theodore: Disfiguring the Pagan Past in Christian Gerasa
Authors: Moralee Jason
Published: June 2006

This paper argues that the Christians of Gerasa (Jerash, Jordan) viewed the remains of pagan inscriptions as meaningful traces of a defeated past. This is apparent not only by the selective placement of the epigraphic spolia, but also when these spolia are read in conjunction with the newly inscribed verse inscriptions that dedicate one of the earliest Christian churches in the city to St. Theodore. For these Christians the past is conceived in two senses. They saw the victory of the saint over the pagan associations of the city in mythical terms, part of the continuum of religious history since the beginning of time. By dating the inscriptions and by placing epigraphic spolia in visible locations, the Christians of Gerasa likewise created a historically-based rupture with the pagan past. This triumphal attitude is typical of fifth-century laws, hagiography, and historiography.
Black Market Premium and Income Distribution
Authors: Bahmani-Oskooee Mohsen , Goswami Gour Gobinda , Mebratu Solomon
Published: June 2006

The literature on income inequality includes many studies that have tried to identify factors such as level of economic development, rate of economic growth, population growth, resource endowment, price instability, and openness as main determinant of income inequality. In this paper, we show empirically that income inequality is higher in countries that have black market for foreign exchange. One major policy implication of our finding is that exchange rate unification should reduce income inequality.
The Effects of Foreign Direct Investment And Imports on Economic Growth: A Comparative Analysis of Thailand and the Philippines (1970-1998)
Authors: Damooei. Jamshid , Tavakoli Akbar
Published: June 2006

The main objective of this paper is to estimate the output elasticity of foreign direct investment (FDI) and imports in Thailand and in the Philippines during the period 1970–1998. Applying a CES generalization of Cobb-Douglas production function, the output response to FDI is the same in both countries, but imports affect Thailand more than the Philippines. The FDI contribution to every one percentage growth point is about 0.05 of a percentage point in each country where imports contribute about 0.47 of a percentage point in Thailand and 0.31 of a percentage point in the Philippines. As a result, the foreign investment and imports contribute about 52 percent of every one percentage growth point in Thailand compared to a lower 36 percent in the Philippines. The remaining effects on the economic growth are from labor and domestic investment. Both countries are labor intensive, but the impact of labor is more significant in the Philippines. The Philippine economy is also more domestic capital intensive than the Thai economy. Furthermore, the FDI path shows that the effect of foreign investment is more pronounced in the Philippines during the second half of the 1990s, whereas the imports are more effective in Thailand since 1994. Therefore, the Philippine economy could gain more from directing its economic policies to further liberalize its foreign investments. The Thai economy, on the other hand, should continue its reliance on imported foreign technology in order to accelerate its economic growth.
Determinites of The Funding Volatility of Indonesian Banks: A Dynamic Model
Authors: Obben James , Nugroho Agus Eko
Published: June 2006

Illiquidity is at the core of the various currency and banking/financial crises of the 1990s. In the wake of the Asian crisis of 1997/98 the term "systemic liquidity" has been coined to refer to adequate arrangements and practices which permit efficient liquidity management and which provide a buffer during financial distress. A constructed balance-sheet-based variable that captures the essence of the risk from systemic liquidity is funding volatility ratio, FVR. Using data covering January 1990 to October 2003 and employing cointegration techniques, this study attempts to quantify the purported link between FVR and the measurable determinants of a balanced liquidity infrastructure for Indonesia, the country that suffered the most from the Asian crisis. A good fit is obtained for the dynamic regression model and estimates of short-run and long-run impacts and elasticities are computed. FVR has trended upwards and also is shown to be increasing in the interest rate, foreign liabilities: total asset ratio and the Jakarta stock market index, and decreasing in capital:asset ratio, the rupiah-US dollar exchange rate and the number of banks. The foremost requirement for lowering the FVR is a steady exchange rate followed by increases in bank capital.
Intellectual Property and Biotechnology: The U.S. Internal Experience--Part II
Authors: Brody Baruch A
Published: June 2006

Continuing the discussion begun in the March 2006 issue of the Kennedy Institute of Ethics Journal, this paper further documents the failure of the United States to adequately consider possible modifications in the traditional robust system of intellectual property rights as applied to biotechnology. It discusses concrete suggestions for alternative disclosure requirements, for exemptions for research tools, and for improved access to clinical advances. In each of these cases, the modifications might be more responsive to the full set of relevant values.
Properhood
Authors: Coates Richard A
Published: June 2006

A history of the notion of PROPERHOOD in philosophy and linguistics is given. Two long-standing ideas, (i) that proper names have no sense, and (ii) that they are expressions whose purpose is to refer to individuals, cannot be made to work comprehensively while PROPER is understood as a subcategory of linguistic units, whether of lexemes or phrases. Phrases of the type the old vicarage, which are potentially ambiguous with regard to properhood, encourage the suggestion that PROPER is best understood as mode of reference contrasting with SEMANTIC reference; in the former, the intension/sense of any lexical items within the referring expression, and any entailments they give rise to, are canceled. PROPER NAMES are all those expressions that refer nonintensionally. Linguistic evidence is given that this opposition can be grammaticalized, speculation is made about its neurological basis, and psycholinguistic evidence is adduced in support. The PROPER NOUN,asa lexical category, is argued to be epiphenomenal on proper names as newly defined. Some consequences of the view that proper names have no sense in the act of reference are explored; they are not debarred from having senses (better: synchronic etymologies) accessible during other (meta)linguistic activities.
Shakespeare, Performance, and Autobiographical Interventions
Authors: Huang Alexander C. Y. (Alexander Cheng-Yuan)
Published: June 2006

How do our contemporary directors and actors react to Shakespeare's global reputation while trying to put themselves on the map at the same time? This article addresses the concept of global and 'worldly' Shakespeare through the concept of small-time Shakespeare and autobiographical performance. In a departure from the typical critical focus on cultural and national appropriations, or 'big-time Shakespeare,' the essay's line of inquiry follows the personal, local, and individual engagements of Shakespeare's plays that reaffirm local reading positions. Using as a case study Wu Hsing-kuo's solo adaptation of  King Lear, Lear is Here  - part of a trend in Asian adaptations of Shakespeare that are informed by performative autobiographies - the article considers the extent to which Shakespeare may be linked to the autobiographical mode of interpretation: how an actor's performative, autobiographical readings might contribute to the epistemological formations of 'Shakespeare' and adjust the storied biographies of the actor and Shakespeare's characters on- and offstage. Analysing Wu's adaptation from the perspective of the auto/biographical aspects of stage performance - an area largely underexplored in performance studies - illuminates how the production posits the possibility of apolitical Shakespearean appropriation in a postcolonial and globalized Asia, while foregrounding the relationship between performative subjectivity and literary universalism. While not aiming to generate a typology, the article ultimately seeks to take a step towards a theory of autobiographical interventions in Shakespearean performance, demonstrating how Shakespeare's universality may also be localized by directors' willingness to create new hybrids of dramatic spectacle by combining the personal with the fictional.