89 research outputs found

    The Flag Burning Issue: A Legal Analysis and Comment

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    Assaulting America\u27s Mainstream Values: Hans Zeiger\u27s “Get Off My Honor: The Assault on the Boy Scouts of America”

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    [Excerpt] “Lieutenant Colonel Oliver L. North’s Foreword to Hans Zeiger’s book Get Off My Honor: The Assault on the Boy Scouts of America warns that one of America’s most trusted institutions, the Boy Scouts of America (BSA), is under siege for advancing “what many of us euphemistically call traditional values. Euphemistically? North’s choice of words inadvertently reveals what he and many other so-called “social conservatives” obviously know in their hearts—that the BSA’s recent campaign against gay youth and religious liberals is grounded in something other than America’s proudest traditions and values. Hans Zeiger proceeds himself to remove any illusions in this regard—for the book is a spiteful diatribe against the mainstream American values of a pluralistic society that can embrace, honor, and celebrate human diversity. Zeiger is a student at Hillsdale College and Eagle Scout whose web site brags that the Republican Party once came rather close to having him speak at a national convention. Zeiger’s web site also claims that Newsweek’s publication for college students, Current Magazine, has named Zeiger “the top young religious leader on the nation’s campuses.” While that is not quite true, Current Magazine did call Zeiger “one of the most outspoken young conservative and religious leaders in the country”— noting that “radio legend Rush Limbaugh” has touted Zeiger’s commentary on the air. … But Zeiger’s Get Off My Honor is not just a spiteful attack on historically persecuted minorities (such as homosexuals), on civic organizations that embrace human diversity (such as Big Brothers/Big Sisters, condemned by Zeiger as “the vehicle for the destruction of thousands of young lives”), on suspect religious minorities (such as atheists and agnostics), and on religious liberals (who prefer a gospel of love and social service over one of divisiveness and damnation). Zeiger objects to the very principles of America’s democratic pluralism that celebrate our diversity and call upon us to recognize and respect our fellow citizens as our equals. Zeiger’s book is a frontal assault on mainstream American values.

    The Design and Construction of a Rear Bumper with Incorporated Spare Tire Rack

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    This senior project outlines the design and construction of a rear bumper with incorporated spare tire and equipment rack for a 1946 Willys CJ2A Jeep. The spare tire rack is capable of swinging out away from the vehicle to allow for the use of the vehicle’s tailgate. The bumper was designed for strength, functionality and aesthetic qualities alike. Additionally, the bumper design considered all vehicle codes and regulations

    The Roberts Court and Securities Class Actions: Reaffirming Basic Principles

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    Part II of this Article presents an overview of Roberts Court decisions concerning class litigation...The Article’s primary focus, however, is on a trilogy of Roberts Court decisions concerning class certification in open-market securities fraud cases, where fraudulent statements allegedly manipulated the price of securities traded in the open market: Erica P. John Fund, Inc. v. Halliburton, Co. (“Halliburton I”), Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, and Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”)...Rather than jumping directly into a discussion of the three decisions, which have been extraordinarily good news for investors seeking to prosecute securities-fraud class actions, Part III provides background of the fraud-on-the-market doctrine that Basic embraced, explaining why many thought the decision might be vulnerable to overruling. Part IV discusses Basic in the lower courts and the controversy surrounding empirical evidence generated by efficient markets research that many commentators and courts quite erroneously asserted was the foundation of Basic’s holding. Part V then considers, in turn, the Roberts Court’s trilogy of open-market securities-fraud class-certification decisions. It sets forth how Halliburton I relieved plaintiffs of the burden of proving loss causation to obtain class certification – a requirement that had been a serious stumbling block in the Fifth Circuit. Part VI outlines the favorable impact that Halliburton II has for plaintiffs asserting open-market securities-fraud claims. It explains how Halliburton II (1) overturns existing lower-court decisions employing rigid notions of market efficiency; (2) upends precedents assuming that the market instantaneously incorporates all information; (3) undermines decisions withholding the fraud-on-the-market presumption in cases involving initial public offerings; (4) undermines decisions demanding that plaintiffs produce event studies; and (5) reverses the burdens on the parties in cases involving so-called “confounding factors.” Part VII offers a brief summary and conclusion

    Pleading Scienter Under Section 21D(b)(2) of the Securities Exchange Act of 1934: Motive, Opportunity, Recklessness, and the Private Securities Litigation Reform Act of 1995

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    This Article discusses conflicting case law regarding the standard for pleading scienter under section 21D(b)(2) of the Securities Exchange Act of 1934. The Private Securities Litigation Reform Act of 1995 (PSLRA) enacted section 21(b)(2). Several courts found that the standard for pleading scienter under section 21(b)(2) was the same as the Second Circuit requirement to show a strong inference of scienter in the pleadings. Other courts found that the pleading requirement in section 21(b)(2) was heightened above the Second Circuit standard. This Article reviews the text and structure of section 21(b)(2) and the conflicting case law, in order to determine the correct pleading standard. The authors conclude that the Second Circuit standard is the standard that Congress intended with the passage of the PSLRA

    Traditional Values, or a New Tradition of Prejudice? The Boy Scouts of America vs. the Unitarian Universalist Association of Congregations

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    President William Howard Taft, a Unitarian leader whose liberal faith had been viciously attacked by religious conservatives in the 1908 presidential campaign, used the White House as a platform in 1911 to launch a new nonsectarian organization for youth: The Boy Scouts of America (“BSA”). Lately, however, the BSA itself has come under the control of religious conservatives – who in 1992 banned Taft’s denomination from the BSA’s Religious Relationships Committee, and in 1998 threw Taft’s denomination out of its Religious Emblems Program. The denomination’s offense: A tradition of teaching its children that institutionalized discrimination is wrong. Unitarian Universalist religious leaders had objected to the BSA’s new policy construing the Boy Scout Law’s statement that a Scout is “brave, clean, and reverent,” to mean both that homosexuals must be shunned as not “clean” and that agnostics or atheists are insufficiently “reverent” to be Boy Scouts. The BSA’s leadership retaliated against the denomination, openly punishing Unitarian Universalists and their children. This article examines how the BSA leadership’s current notions about “traditional values” have placed the youth organization at odds with a liberal religious denomination that is itself deeply rooted in American traditions and values. The article briefly reviews the denomination’s history and values, and its place in American history, then examines the conflict with the BSA’s recent leadership – documenting, in the process, the BSA’s policy of discriminating against Unitarian Universalists and their children. The article concludes by showing how the BSA’s policies and actions directly contradict assertions that both the BSA and its governmental sponsors make – in high-profile court proceedings – as they seek to justify continuing public sponsorship of the BSA and its discriminatory policies. The underlying documentation of the BSA’s actions against Unitarian Universalists is presented as an appendix, for easy reference by judges and scholars

    An Examination of Accessible Hands-on Science Learning Experiences, Self-confidence in One’s Capacity to Function in the Sciences, and Motivation and Interest in Scientific Studies and Careers.

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    This study examined the potential relationship of accessible hands-on science learning experiences to the development of positive beliefs concerning one’s capacity to function in the sciences and motivation to consider science as a college major and career. Findings from Likert survey items given before and after engaging in accessible hands-on science laboratories show that students who were blind or had low vision (BLV) were more likely to agree with the following items after engaging in accessible science experiences: 1) I plan on enrolling as a science major in college; 2) My educational experiences, so far, have given me the confidence that I need to decide on majoring in an area of science in college and then a career in science; 3) I feel that I have the skills needed to independently perform a lab activity in (on) ______; 4) I feel that I have the skills needed to independently start data collection during a lab activity in ______; 5) I feel that I have the skills needed to independently stop data collection on a lab activity in ______; 6) I was actively involved in data collection during the______ lab. The Likert survey findings are consistent with the notion that accessible science activities may foster the development of self-beliefs that one has the capacity to independently function in scientific domains, which may promote an inclination to consider scientific pursuits. Insufficient accessible science learning experiences may contribute to the underrepresentation of individuals with disabilities in science, technology, engineering, and mathematics (STEM) fields. Providing accessible science learning activities may help to increase both the number of individuals who have disabilities and diversity in the STEM fields

    Improving empathy of physicians through guided reflective writing

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    Objectives: This study was designed to explore how guided reflective writing could evoke empathy and reflection in a group of practicing physicians. Methods: Total participants recruited included 40 staff physicians at Cleveland Clinic, a tertiary care academic medical center. Twenty physicians (intervention group) were assigned to participate in a 6-session faculty development program introducing narrative medicine and engaging in guided reflective writing. Ten physicians (comparison group 1) received the assigned course reading materials but did not participate in the course sessions. Ten physicians (comparison group 2) neither received the reading materials nor participated in the sessions. Qualitative analysis of the physicians\u27 reflective writings was performed to identify major themes. The Jefferson Scale of Empathy was administered three times during the course. Results: Qualitative analysis of physicians\u27 writings showed themes of both compassionate solidarity and detached concern. Exploration of negative emotions occurred more frequently than positive ones. The most common writing style was case presentation. A total of 36 staff physicians completed the Jefferson Scale of Empathy. Results of statistical analysis suggested an improvement in empathy in the intervention group at the end of the course (p \u3c 0 .05). Conclusions: These results suggest a faculty development program using guided narrative writing can promote reflection and may enhance empathy among practicing physicians. These findings should encourage medical educators to design additional strategies for enhancing reflection and empathic behavior in trainees and specifically practicing physicians who can role model these behaviors to achieve the ultimate goal of improving the quality of patient care
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