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Electronic Discovery And The Litigation Matrix, Martin H. Redish Nov 2001

Electronic Discovery And The Litigation Matrix, Martin H. Redish

Duke Law Journal

The impact of the technological revolution on the operation of the discovery system in the federal courts has been dramatic. The enormous increase in storage capacity and communication that the use of computers in the corporate world has brought about has correspondingly increased both the burdens and stakes of the discovery process. This Article considers the extent to which these dramatic practical changes have created a need to develop a legal framework especially for the discovery of electronically stored information. Because the burdens of electronic discovery are likely to be substantially more severe than those involved in traditional discovery, the …


The Corporate Practice Of Medicine: Competition And Innovation In Health Care (Book Review), Linda Treiber Jun 2001

The Corporate Practice Of Medicine: Competition And Innovation In Health Care (Book Review), Linda Treiber

Linda A. Treiber

Review of the book "The Corporate Practice of Medicine: Competition and Innovation in Health Care," by James C. Robinson


Corralling Constitutional Fact: De Novo Fact Review In The Federal Appellate Courts, Adam Hoffman Mar 2001

Corralling Constitutional Fact: De Novo Fact Review In The Federal Appellate Courts, Adam Hoffman

Duke Law Journal

No abstract provided.


The Politics Of Lesbian "Nature": A Feminist Critique Of Scientific Knowledge And Practice, Jaime L Phillips Jan 2001

The Politics Of Lesbian "Nature": A Feminist Critique Of Scientific Knowledge And Practice, Jaime L Phillips

UNLV Retrospective Theses & Dissertations

This dissertation is a feminist analysis of scientific articles published from 1990--2000 reporting findings from research on biological origins of lesbian and bisexual orientations in women. Informed by feminist standpoint epistemologies and the theories and empirical research of the interdisciplinary field of feminist science studies, I assert that scientific efforts to locate biological origins of lesbian and bisexual orientations in women are likely to be infused with culturally-based assumptions and beliefs regarding sex, gender, sexual orientation, and race. To the extent that these assumptions and beliefs go unacknowledged in the science, they place limitations on the knowledge claims that can …


Description And Effects Of Teacher Motivation, Teacher Efficacy, And Sequential Behavior Practice In Physical Education Teacher Education (Pete), Hosung So Jan 2001

Description And Effects Of Teacher Motivation, Teacher Efficacy, And Sequential Behavior Practice In Physical Education Teacher Education (Pete), Hosung So

UNLV Retrospective Theses & Dissertations

Prior to this dissertation, a valid and reliable cognitive measurement instrument was not available in the physical education teacher education (PETE) literature to analyze and evaluate teacher motivation and teacher efficacy. The first important purpose of this dissertation was, therefore, to develop and validate two such instruments to measure teacher motivation (TMT-PE) and teacher efficacy (TES). This purpose was accomplished through the implementation of various statistical methods related to the testing of reliability and validity issues when involved in constructing cognitive measurement instruments. As a second purpose of this dissertation, correlation data among teacher motivation and teacher efficacy, and teacher …


Dealing With Diversity: Incorporating Cultural Sensitivity Into Professional Midwifery Practice, Moira Williamson, Lindsey Harrison Jan 2001

Dealing With Diversity: Incorporating Cultural Sensitivity Into Professional Midwifery Practice, Moira Williamson, Lindsey Harrison

Faculty of Health and Behavioural Sciences - Papers (Archive)

In the Australian College of Midwives, Code of Ethics, Section 11. Practice of Midwifery, the following is stated "A. Midwives provide care for women and childbearing families with respect for cultural diversity while also working to eliminate harmful practices within those same cultures." However, it is difficult to know what is meant by "respect for cultural diversity". This paper presents the results of a critical review of the health literature. There is surprisingly little consensus about the meaning of terms such as cultural sensitivity and cultural appropriate care. Nor are there reflections on incorporating these concepts into practice. It could …


You Are The Rats: Action Research, Academic Forums And The Reflective Practice Of Professional Bricoleurs, Andrew J. Sense, Richard Badham Jan 2001

You Are The Rats: Action Research, Academic Forums And The Reflective Practice Of Professional Bricoleurs, Andrew J. Sense, Richard Badham

Faculty of Commerce - Papers (Archive)

"I saw the University as helping us to reflect on what we are doing- they are the expert reflectors. This is particularly what I saw as X's role. Sometimes his inteIjections go above their heads, and his nine words or less, statements need to have some explanation, and I should feed this back to him. I also see the University as playing a visionary role, helping to show us new things, about what is possible. I don't see the University as helping to pull the team together - that is when it gets confusing. They are observing us, they are …


What Makes A Problem An Ethical Problem? An Empirical Perspective On The Nature Of Ethical Problems In General Practice, Annette J. Braunack-Mayer Jan 2001

What Makes A Problem An Ethical Problem? An Empirical Perspective On The Nature Of Ethical Problems In General Practice, Annette J. Braunack-Mayer

Faculty of Social Sciences - Papers (Archive)

Whilst there has been considerable debate about the fit between moral theory and moral reasoning in everyday life, the way in which moral problems are defined has rarely been questioned. This paper presents a qualitative analysis of interviews conducted with 15 general practitioners (GPs) in South Australia to argue that the way in which the bioethics literature defines an ethical dilemma captures only some of the range of lay views about the nature of ethical problems. The bioethics literature has defined ethical dilemmas in terms of conflict and choice between values, beliefs and options for action. While some of the …


Psychological Problems In New Zealand Primary Health Care: A Report On The Pilot Phase Of The Mental Health And General Practice Investigation (Magpie), John Bushnell, Deborah Mcleod, A D. Dowell, C Salmond, S Ramage, S Collings, University Of Otago, Marjan Kljakovic, L Mcbain Jan 2001

Psychological Problems In New Zealand Primary Health Care: A Report On The Pilot Phase Of The Mental Health And General Practice Investigation (Magpie), John Bushnell, Deborah Mcleod, A D. Dowell, C Salmond, S Ramage, S Collings, University Of Otago, Marjan Kljakovic, L Mcbain

Faculty of Science, Medicine and Health - Papers: part A

Aim. To carry out a pilot study in two regions in order to investigate prevalence of psychological problems in primary care in New Zealand. Method. General Practitioners (GPs) within two geographic regions were randomly selected. All adult attenders at their practice on selected days were administered a short questionnaire, the GHQ-12, which assesses the presence of psychological symptoms. The GP recorded the reasons for each consultation, and was interviewed at the end of each day about selected patients, to determine their opinion about the type of psychological problems experienced. Results. Three-quarters of selected GPs (76%) agreed to participate. 96% of …


Of Theory And Practice, Tamar Frankel Jan 2001

Of Theory And Practice, Tamar Frankel

Faculty Scholarship

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Essay explores the working and interaction of theory and practice, practitioners and theorists.

The Essay starts with a story about solving a legal issue using our intellectual tools - theory, practice, and their progenies: experience and "gut." Next the Essay elaborates on the nature of theory, practice, experience and "gut." The third part of the Essay discusses theories that are helpful …


Gp Corporatisation: Lessons Learned From The U.S. Experience, Kevin Outterson Jan 2001

Gp Corporatisation: Lessons Learned From The U.S. Experience, Kevin Outterson

Faculty Scholarship

To benefit from the US experience of corporetissuon. Australia must focus on the clinical advantages rather than the financial windfalls