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Clarifying The Normative Dimension Of Legal Realism: The Example Of Holmes's The Path Of The Law, Edmund Ursin

San Diego Law Review

In a recently published article, I examined the Legal Realism found in Leon Green's and Karl Llewellyn's tort scholarship. Brian Leiter had previously presented an insightful "philosophical reconstruction" of Legal Realism. In articulating what he sees as the descriptive and normative aspects of Legal Realism, Leiter drew most of his examples from the field of commercial law, which was the main focus of Llewellyn's scholarship. In this context he wrote that most Legal Realists made a descriptive claim about judicial decisions or, more specifically, decisions of appellate courts. Stated in its most succinct form, this descriptive claim was that judicial …

The Ftca, Veterans, And Future Medical Expenses, R. J. Pinto

San Diego Law Review

In this comment the author aims to expose the jurisprudential flaws in a particular area of the law and advocate, as his prescription a refocused jurisprudence. Part II describes how courts have historically come to the conclusion that veterans suing under the FTCA should be awarded future medical expenses despite their entitlement to VA medical care. Part III address a threshold issue: the extent to which courts using this framework have overcompensated veterans. Part IV addresses why overcompensating veterans under the FTCA matters on a policy level. Part V exposes the problems with the court's jurisprudence and provides a solution …

Vista: May 10, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: May 3, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Breast Health And Mammography Screening In Older Women, Martha A. Ibarra Phd, Msn, Anp, Rn

Dissertations

Age-related health disparities in breast cancer screening are a public health concern. From 2002 to 2006, the median age for newly diagnosed cases of breast cancer was 61 years and the median age for breast cancer mortality was 68 years of age (Surveillance Epidemiology and End Results [SEER], 2009). Mammography is the best available screening tool for breast cancer detection (Susan G. Komen Foundation, 2008). The Centers for Medicare and Medicaid Services (CMS, 2006) reported that only about half of older women who are eligible for mammograms through Medicare obtain a mammogram every two years. The literature identifies psychosocial barriers, …

Relationship Between Delirium And Night-Time Interruptions In Icu, Amy R. Stuck Phd, Rn

Dissertations

Background: This dissertation examined the phenomenon of delirium in the intensive care unit (ICU) setting. Delirium is a form of cognitive disturbance with a physiologic etiology and complex, multifactorial mechanisms of causation and risk. Delirium in the ICU patient presents a significant risk for adverse outcomes including increased mortality, length of stay, falls, and restraint use. ICU delirium can lead to persistent cognitive impairment beyond discharge and frequent skilled nursing placement. Identifying delirium requires accurate diagnosis that is optimized when validated instruments are used. Sleep deprivation has been linked to adverse health consequences including delirium. Previous studies investigating the relationship …

An Investigation Of The Effects Of Writing Instruction In An Ungraded Informal Learning Environment, Samuel Patterson Edd

Dissertations

The purpose of this phenomenological study was to investigate and describe the teaching of writing in an informal setting through the voices of teachers and students. The intent of this study was to describe the roles of teachers and students in this learning environment and specifically to describe the role of writing response groups in this environment. Research in both writing instruction and informal education suggests that writing instruction is a good contextual match to camp-style informal education. Both informal education and writer's workshop-style writing instruction put the individual and their choices at the center of the experience. VI This …

Investigating The Impact Of A Mentor Text Inquiry Approach To Narrative Writing Instruction On Attitude, Self-Efficacy, And Writing Processes Of Fourth Grade Students In An Urban Elementary School, Christine Marie Kealoha Kane Edd

Dissertations

Writing in its many forms, is the signature means of communication in the 21st century. Writing is also arguably the most complex and difficult challenge facing all students in school. The purpose of this study was to monitor the narrative writing performance of urban students who received explicit writing instruction using a mentor text inquiry approach. A mentor text is a published piece of writing whose ideas, structure,or written craft can be used to inspire a student to write something original. It is a piece of quality literature text that students can use as an exemplar text to model their …

55th University Of San Diego School Of Law Commencement Program, 2012, University Of San Diego School Of Law

Commencement Programs

No abstract provided.

Vista: April 26, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Documentation: Delirium In The Hospitalized Older Adult, Jacqueline Fitzgerald Close Phd

Dissertations

Background: Delirium is a common, life threatening and preventable geriatric syndrome. Because this condition is frequently addressed by administering dangerous antipsychotic drugs, it is imperative that accurate systematic assessments are charted to determine the actual need for these medications. The purpose of the study was to describe medical record documentation of a systematic assessment of delirium in older adults who had been administered an antipsychotic medication. Methods: A descriptive correlational retrospective design was used for this medical record data based study. The setting was a 107 bed acute care community hospital located in southern California. Inclusion criteria were medical records …

Vista: April 19, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Compassion Without Borders: A San Diego Symposium With His Holiness The 14th Dalai Lama Of Tibet, His Holiness The 14th Dalai Lama Of Tibet

Joan B. Kroc Distinguished Lecture Series

Table of Contents:

Compassion Without Borders Symposium--p.4.
Joan B. Kroc Institute for Peace & Justice--p.6.
Joan B. Kroc Distinguished Lecture Series--p.8.
Biography--p.12.
Welcome--p.14.
Presentation of the USD Medal of Peace--p.20
Introduction--p.22.
Lecture-Cultivating Peace and Justice--p.25.
Questions and Answers--p.42.
Acknowledgements--p.54.
Related Resources--p.57.
About the University--p.58.

Oncology Nurses' Cultural Competence, Knowledge, And Attitudes Toward Cancer Pain, Ayman Alnems Phd, Msn, Rn

Dissertations

Effective pain management requires appropriate knowledge, attitudes, and assessment skills. The purposes of this study were to obtain information about the knowledge and attitudes of oncology nurses related to cancer pain and its management, to evaluate oncology nurses' cultural competence, and to investigate relationships between oncology nurses' cultural competence and their pain management knowledge and attitudes. Ferrell and McCaffery's (2008) Nurses' Knowledge and Attitude Survey Regarding Pain (NKASRP), the Cultural Competence Assessment Survey (CCA) (Doorenbos, Schim, Benkert, & Borse, 2005; Schim, Doorenbos, Miller, & Benkert, 2003), and a demographic questionnaire were used to measure oncology registered nurses' cultural competence and …

Factors And Health Promoting Behaviors That Influence Maternal And Infant Outcomes In Older Pregnant Thai Women, Supawadee Thaewpia Phd, Msn, Rn

Dissertations

This dissertation summarizes research conducted in partial fulfillment of the program requirements for the Doctor of Philosophy in Nursing degree from the Hahn school of Nursing and Health Sciences, University of San Diego. The results of the dissertation research are organized as three discrete papers. Article one is entitled; "Reliability and Validity of Thai Translations of Instruments Measuring Psychosocial Factors and Health Promoting Behaviors among Older Pregnant Thai Women." This article describes the dissertation research study in which the selected instruments were piloted at an antenatal clinic in Thailand. The article determines the instruments' ability to examine perceived benefits, perceived …

California School Nurses' Knowledge, Attitude, And Intention To Participate In Sexuality Education, Maria G. Matza Phd, Msn, Rnc

Dissertations

A critical need exists to provide adolescents with sexual health education as demonstrated by our nation's position in having the highest adolescent pregnancy rates among all the developed nations. The critical need is further pronounced by California's changing demographic profile of young Latinos who are projected to be the majority in 2042 and continue to demonstrate higher pregnancy and birth rates than other racial and ethnic groups. Currently, there is limited evidence to confirm if California's students are receiving sexual and reproductive health as required by law, nor is there evidence to link school nurses as teachers or consultants in …

Vista: March 29, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: March 22, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

The Impact Of Guided Imagery On Sleep Quality In Mothers Of Preterm Infants, Linda M. Schaffer Phd, Mn, Rn

Dissertations

Background: Mothers who have given birth to preterm infants are at an increased risk for impaired sleep. Evidence based interventions are needed to assist mothers in improving their sleep quality as few are available. Purpose: Guided by the transactional framework of Lazarus and Folkman (1984), the purpose of this study was to: describe maternal and infant factors which influence sleep quality, examine the relationships between depression, anxiety, stress, social support, to sleep quality, and describe the influence of a R-GI intervention on sleep quality among a sample of mothers whose preterm babies were admitted to NICU. Methods: This prospective, descriptive, …

Foreword, Nicole J. Smith

San Diego International Law Journal

This issue of the San Diego International Law Journal is composed of articles that exemplify the value in utilizing an international comparative approach to analyze and compare differing historical experiences. Taking a comprehensive review of the successes and failures of legal structures abroad provides an opportunity to harness and develop new possible solutions to today’s legal problems. By analyzing and understanding differing international prospective on legal issues, we gain a fuller understanding of ourselves, and of our common humanity, so that we may better face the future.

Vista: March 1, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Usd Magazine Spring 2012, University Of San Diego

University of San Diego Magazine (1992- )

Point of View; Letters to the Editor; Contents; Around the Park; Torero Athletics; Gazing Skyward; The Big Thinker; The Altruist; The Motivator; The Transformer; The Adventurer; The Crusader; The Dynamo; The Enthusiast; The Elucidator; The Idealist; Alumni Update; Class Notes; USD Reflection

Cyberbullying: What's The "Status" In England?, Krupa A. Patel

San Diego International Law Journal

This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who …

Vista: February 23, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Compassionate Presence: Faith-Based Peacebuilding In The Face Of Violence, John Paul Lederbach

Joan B. Kroc Distinguished Lecture Series

Table of Contents:

Joan B. Kroc Institute for Peace & Justice--p.4.
Joan B. Kroc Distinguished Lecture Series--p.6.
Biography--p.10.
Interview: Mentors and Apprentices in Peacebuilding--p.12.
Meeting with Students: Faith and Peacebuilding--p.26.
Interview: Peacebuilding in Nepal--p.46.
Welcome and Introduction--p.60.
Lecture--p.64.
Questions and Answers--p.88.
Related Resources--p.97.
About the University--p.98.

Vista: February 16, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 9, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 2, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry

San Diego Law Review

First diagnosed by psychiatrist Leo Kanner in 1943, autism has exploded into the public consciousness in recent years. From science to science fiction, academia to popular culture, autism has captured the world's attention and imagination. Autism has also ignited a fierce debate among stakeholders who seek to define its essence. Many parents of autistic children regard autism as a scourge and press for a cure. The "neurodiversity movement," comprised mostly of autistic adults, regards autism as a different way of being worthy of respect and even celebration. The autism war is well underway, and given autism's swelling ranks and proposed …

A Pinteresting Question: Is Pinterest Here To Stay: A Study On How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau

Law Student Scholarship

No abstract provided.