Digital Commons Network^™

Rights Come With Responsibilities: Personal Jurisdiction In The Age Of Corporate Personhood, Roger M. Michalski

San Diego Law Review

This Article aims to reconnect corporate rights and obligations. It argues that courts must consider the availability and exercise of corporate rights when determining whether the corporation is amenable to suit in the forum. To make this novel argument, this Article begins by documenting the rise of corporate personhood, recently culminating in Citizens United v. FEC. Part II shows how the evolution of corporations now allows for the treatment of corporations as entities that can have political rights and political obligations. Part III argues that personal jurisdiction doctrine and scholarship has not acknowledged the rise of corporate personhood. Consequently, it …

Usd Magazine Spring 2013, University Of San Diego

University of San Diego Magazine (1992- )

Plea for Support; Contents; Around the Park; Torero Athletics; Giving Back; Pure Imagination; All the Small Things; Make Me up inside; Alumni Update; Torero Notes; Changemaker

Brown V. Board In The World: How The Global Turn Matters For School Reform, Human Rights, And Legal Knowledlge, Martha Minow

San Diego Law Review

Global perspectives can contribute to our understandings of any one nation’s laws and decisions. In this light, America’s educational landmark, Brown v. Board of Education, matters not just for the United States but around the world. Inside the United States, a cottage industry of academic scholars studies the influence of Brown where the decision’s impact reaches well beyond racial desegregation of schools. The litigation has by now a well-known and complicated relationship to actual racial integration within American schools, as the case perhaps exacerbated tensions and slowed otherwise gradual reform, and perhaps at the same time galvanized the social movement …

Parity At A Price: The Emerging Professional Liability Of Mental Health Providers, Thomas L. Hafemeister, Leah G. Mclaughlin, Jessica Smith

San Diego Law Review

This Article considers the issues associated with emerging professional liability claims against mental health care providers. Part II supplies background information regarding this liability, including the elements of these claims. Part III details the decreasing stigma associated with obtaining mental health services and its impact on professional liability, while Part IV summarizes advancements in mental health treatment that have enhanced the functional capacities of potential litigants. The remaining Parts explore changes in the delivery of mental health care where litigation may be focused, including the increasing use of psychotropic medications (Part V), the expanding role of primary care physicians and …

Level Up: Employing The Commerce Clause To Federalize The Sale Of Goods, Jennifer Camero

San Diego Law Review

This Article argues that rather than wait until the defects become insurmountable, we should act now to address the defects in the law of sales and enact a federal sales act to supplant Article 2 using congressional power under the Commerce Clause. Part II details the defects of Article 2 that are in need of repair, which include creating inconsistent results across the states, failing to adapt to changing trends in our modern commercial environment, and utilizing a private drafting process that fails to balance the competing interests of businesses and consumers. Part II then demonstrates that the current uniform …

Left To Their Own (Security) Devices: The Need For The California Legislature To Define Deeds Of Trust And Update California Civil Code Section 2932.5 In Accordance With The Modern Lien Theory, Joahua Norton

San Diego Law Review

This Comment introduces how deeds of trust were developed to allow the lender to avoid the judicial process by engaging in a nonjudicial foreclosure. This Part also explains that the confusion in the courts arose because deeds of trust are not defined in the statutes that govern them. Part III describes the early understanding of deeds of trust in California common law under the title theory and how California courts have increasingly rejected the title theory in favor of the lien theory. Part IV introduces the rise of a private alternative to public recording of assignments of deeds of trust …

Vista: February 28, 2013, University Of San Diego

USD Vista (1965-)

No abstract provided.

Karen Organization Of San Diego Bylaws Paper, Jennifer Fleming, John Godfrey, Laura Purdom, Andrew Rae

Governance

The Karen Organization of San Diego was established in 2009 to meet the needs of the Karen and other ethnic minority groups from Burma that reside in San Diego. According to the organization’s mission statement, the Karen Organization of San Diego is committed toeducationaland social enhancement of various ethnic minority groups from Burma who reside in San Diego, California. The primary purpose of the organization is to provide social services and opportunities for culture preservation for the Karen and other ethnic minority groups from Burma whoresidein San Diego to improve their quality of life.

Upon undertaking a review and revision …

Vista: February 21, 2013, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 14, 2013, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 7, 2013, University Of San Diego

USD Vista (1965-)

No abstract provided.

Relationship Of Internet-Delivered Mantram Repetition Program To Burnout, Stress Of Conscience, Spiritual Wellbeing, And Mindfulness In Healthcare Workers, Sheryl Leary Phd

Dissertations

This study evaluated the effect of the Mantram Repetition Program (MRP), an internet-delivered stress management course on burnout, stress of conscience, spiritual wellbeing, and mindfulness on a self-selected group of healthcare workers (HCWs). A quasi-experimental repeated measures design was used. Participants enrolled in a six-session MRP delivered over three months and completed baseline, post-course, and three-month post-course assessments. Measurement tools included the Maslach Burnout Inventory-General Survey (MBI-GS), the Stress of Conscience Questionnaire (SCQ), the Functional Assessment of Chronic Illness Therapy Spiritual Wellbeing Scale (FACIT-12), and the Mindfulness Awareness Attention Scale (MAAS). Statistically significant effects of the MRP showed a decrease …

Defining Global Education, Sarina Chugani Molina, Heather Lattimer

School of Leadership and Education Sciences: Faculty Scholarship

As the world is becoming increasingly flat, it has become important for educators to prepare students to understand global perspectives and engage with people from countries and cultures around the world. Although there is no question as to the importance of global education to meet with the demands of a flat world, what internationalization and globalization mean in the classroom is still an area that is met with some level of uncertainty. However, clarity around language and instructional objectives is essential if educators are to ensure that K-12 students learn what they intend. This study explores some of the ways …

Romanticizing Culture: The Role Of Teachers’ Cultural Intelligence In Working With Diversity, Sarina Chugani Molina

School of Leadership and Education Sciences: Faculty Scholarship

As the world is becoming increasingly flat (Ang, Van Dyne, Koh, Templer, & Chandrasekar, 2007; Darling-Hammond, 2010; Friedman, 2005), the classroom has become a mirror that often reflects this phenomenon at a microcosmic level. As such, teacher preparation programs are continuing to emphasize the importance of understanding and valuing student cultures to inform teaching practice. This study sought to examine how 10 in-service teachers in the San Diego area understand the role of culture in their daily work with their culturally and linguistically diverse students using the cultural intelligence framework (Earley & Ang, 2003). While the cultural intelligence framework provided …

The Value Of Meaning-Making And Cultural Knowledge For Teachers Working In Culturally And Linguistically Diverse Contexts, Sarina Chugani Molina

School of Leadership and Education Sciences: Faculty Scholarship

The tapestry of classrooms today is transforming into a mosaic of colors, languages, and backgrounds. As the population of culturally and linguistically diverse students continues to rise, a deeper understanding of how teachers construct meaning and understand their internal and relational experiences when working with these students has become an important area to examine. This study included in-depth interviews with ten public school teachers in the San Diego area, which assessed the teachers’ meaning-making systems and their cultural competence. The framework of constructive developmental theory (Kegan, 1982, 1994) was drawn upon to assess how teachers’ make sense of their experiences, …

Online Threats To U.S. Creative Industries: Coordinating Enforcement Power In The Global Marketplace, Kathryn Lafferty-Cordova

Law Student Scholarship

No abstract provided.

Caregivers Of Older Adults: Burden, Perception Of Strain, And Health, Juana Ferrerosa Phd, Msn, Rn, Phn

Dissertations

Background: By the year 2030, the older population in the United States is projected to double from 35 to 70 million. Consequently, increasing the number of informal caregivers required to care for an aging population. Research suggests that levels of caregiver strain and their ability to cope can impact the health of caregivers. Tsai's (2003) Middle-Range Theory of Caregiver Stress guided this study and was modified to present an innovative approach which used perceived caregiver strain as a specific stressor in the Control Process of the model; it provided a basis for examining caregiver strain and its effect on the …

La Tierra Mia: Chicano Park Murals Documentation Project, Vol. 1, 2013, Department Of Ethnic Studies

Ethnic Studies Books

The Chicano Park Murals Documentation Project was born as a result of the Department of Ethnic Studies with support from the Office of Community Service Learning at the University of San Diego (USD) through working collaboratively with the Chicano Park Steering Committee (CPSC) for over two years. It was the desire of the CPSC that the mural restoration project be documented along with all of the other historic murals and sculptures found at Chicano Park. As a result, Professor Alberto Pulido, along with his students in Ethnic Studies 343: “Chicano/Latino Studies” took on the task as a way to learn …

Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send

San Diego Journal of Climate & Energy Law

This Article draws attention to the different outcomes that may result when WTO law is applied to resolve climate related national energy policy disputes, signals this might send for national energy policies, and how a subtle effect of indirect state liability may arise. Several pending or unresolved complaints currently at the WTO are used to demonstrate these effects. The complaints include the greenhouse gas controversy, the wind energy subsidies complaint, and the feed-in tariffs complaint. The next section, Section II, presents the basic WTO obligations of the four countries involved in these complaints (Japan, Canada, USA, China), and ways that …

Bulletin Of The University Of San Diego Graduate Division 2013-2015, University Of San Diego

Graduate Course Catalogs (1971-)

218 pages : illustrations, photographs ; 27.5 cm

2013 Usd Fact Book, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Kroc Fit Kids Needs Assessment, Brandon Dotts, Jason Jarvinen, Maria Todaro, Morgan Wilson

Program Design and Evaluation

The Salvation Army Kroc Center, a 12.4-acre family support, education, recreation, and cultural arts center located in the Rolando neighborhood of San Diego, is interested in designing an intervention program to alleviate the issue of low levels of physical activity and combat the childhood obesity problem. The Kroc Center is well suited to designing such an intervention because it works closely with six partner elementary schools in its surrounding neighborhoods. To assist the Kroc Center in developing an intervention, this needs assessment examines factors that may lead to low fitness scores, and the potential dangers to students, and the community, …

John Rastell’S London Stage: Reconstructing Repertory And Collaborative Practice, Maura Giles-Watson

English: Faculty Scholarship

The study of repertory has greatly illuminated practices among playwrights and playing companies in the later sixteenth century. The repertory approach has yet to be applied to early and mid-Tudor drama, although this method holds out the promise of recovering the collaborative practices connected with John Rastell's stage -- the first public stage in London. This article urges scholars active in repertory studies to take a fresh look at Henrician drama and theatrical practices, and employs Heywood and Rastell's play Gentylnes and Nobylyte as a case study in the forces that shape repertory in this earlier period.

Early Identification Of At-Risk Lpn-To-Rn Students, Lisa K. Hawthorne Phd, Msn, Rn, Phn, Cne,

Dissertations

Nurse education programs are implementing standardized assessments without evaluating their effectiveness. Graduates of associate degree nursing programs continue to be unsuccessful with licensure examinations, despite standardized testing and stronger admission criteria. This problem is also prevalent for LPN-to-RN education programs due to a lack of research on this group of graduates, who by all accounts should be successful in nursing education based on their work experience and prior nursing education. Findings of this quantitative, non-experimental descriptive correlational study are presented to determine the effectiveness of standardized testing from Assessment Technologies Institute (ATI) as it relates to identifying at-risk LPN-RN students …

An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline

San Diego International Law Journal

This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …

A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish

San Diego International Law Journal

Around 2005, maritime piracy made a troubling resurgence three quarters of a century after a consensus had been reached that the age of piracy had permanently ended. Yet piracy returned in a slightly different form, with pirates relying more on land-based facilitators than their historical counterparts. Maritime piracy’s reappearance made ripe for consideration the question of whether a facilitator of maritime piracy must be physically present on the high seas while facilitating in order to be subject to universal jurisdiction. This Article undertakes an analysis of the text, statutory context, history, and policy impetus behind UNCLOS art. 101 as it …

Naked Dishonesty: Misuse Of A Social Security Number For An Otherwise Legal Purpose May Not Be A Crime Involving Moral Turpitude After All, Nathanael C. Crowley

San Diego International Law Journal

This Comment questions whether the misuse of a Social Security number for an otherwise legal purpose is a crime involving moral turpitude. It begins with a history of moral turpitude and its initial connection to immigration law in the United States. Through a close analysis of misuse of a Social Security number for an otherwise legal purpose as a crime involving moral turpitude in modern cases, this Comment will examine the role of fraud and dishonesty in the question. The analysis reveals a critical distinction between crimes involving dishonesty and crimes involving fraud. This distinction shows that crimes involving naked …

The Land Of My Memories: The Life And Work Of Philister Baya Lawiri Of South Sudan, Sally Kantar

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, and a question-and-answer transcript of select interviews during her time at the Joan B. Kroc Institute for Peace and Justice.

Currently the chairperson of South Sudan’s Civil Service Commission, Philister Baya Lawiri was first a war child. At …

Vista: December 6, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Negotiating In Business, Politics And Peace, George J. Mitchell

Joan B. Kroc Distinguished Lecture Series

Table of Contents

Joan B. Kroc School of Peace Studies, University of San Diego
Kroc Institute for Peace and Justice – p. 3
Joan B. Kroc Distinguished Lecture Series – p. 4
Biography of Senator George J. Mitchell – p. 7
Welcome to Lecture – Edward C. Luck, PhD – p. 8
Introduction of Speaker – Julie H. Sullivan, PhD – p. 9
Lecture – Negotiating in Business, Politics and Peace – p. 10
Questions and Answers – p. 20
Related Resources – p. 26