Digital Commons Network^™

Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod

Faculty Publications

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.

The author gives a brief history of …

A Brief History Of Brazilian Biofuels Legislation, Juscelino F. Colares

Faculty Publications

Due to concerns with global climate change, Brazil's long and diversified experience with biofuels has captured the attention of policymakers worldwide. Yet, little is known about the history and scale of the Brazilian biofuels program in the United States. This comment provides an introduction to the history of Brazil's biofuels program and refers to the basic statutes that set it in place. Due to the unavailability of these enactments in English, an appendix provides the relevant portions of these statutes both in Portuguese and in the author's English translation.

Donald Harman Akenson. Some Family: The Mormons And How Humanity Keeps Track Of Itself, J. Michael Hunter

Faculty Publications

Review by J. Michael Hunter of Donald Harman Akenson’s Some Family: The Mormons and How Humanity Keeps Track of Itself (Montreal: McGill University / Kingston, Ontario: Queen’s University Press, 2007).

A Teacher Self-Appraisal Checklist For Physical Educators To Assess Instructional Performance, Robert S. Christenson, David C. Barney

Faculty Publications

Many of the instructional challenges physical education teachers are confronted with today are very different from even those of our recent past. Advances in educational practices have found different ways to reach students, respond to their activity needs, and provide more interesting, effective, safe, as well as, novel ways to approach the teaching-learning process. Exploration into "Best Practices", instructional methods, and teaching effectiveness over the past three decades has brought about numerous changes that have focused on enhancing the quality of the teaching-learning experience in physical education. Student assessment, teaching effectiveness and instructional accountability are just a few of the …

Utilizing Phrase-Similarity Measures For Detecting And Clustering Informative Rss News Articles, Yiu-Kai D. Ng, Maria Soledad Pera

Faculty Publications

As the number of RSS news feeds continue to increase over the Internet, it becomes necessary to minimize the workload of the user who is otherwise required to scan through huge numbers of news articles to find related articles of interest, which is a tedious and often an impossible task. In order to solve this problem, we present a novel approach, called InFRSS, which consists of a correlation-based phrase matching (CPM) model and a fuzzy compatibility clustering (FCC) model. CPM can detect RSS news articles containing phrases that are the same as well as semantically alike, and dictate the degrees …

Clinical Application Of Standardized Cognitive Assessment Using Fmri. I. Matrix Reasoning, Mark D. Allen, Alina K. Fong

Faculty Publications

Functional MRI is increasingly recognized for its potential as a powerful new tool in clinical neuropsychology. This is likely due to the fact that, with some degree of innovation, it is possible to convert practically any familiar cognitive test into one that can be performed in the MRI scanning environment. However, like any assessment approach, meaningful interpretation of fMRI data for the purpose of patient evaluation crucially requires normative data derived from a sample of unimpaired persons, against which individual patients may be compared. Currently, no such normative data are available for any fMRI-based cognitive testing protocol. In this paper, …

A Leontief Model Of Municipal Budgeting, Phillip J. Bryson

Faculty Publications

Local budgeting in transition countries is an important process because it can reveal the extent to which fiscal decentralization has occurred. Because central planning regimes were highly centralized, adopting a market/democratic approach requires a devolution of power from the central government to regions and municipalities. A Leontief model is presented as a simple theoretical approach to local budgeting. Local revenues are considered as financial inputs and local expenditures as financial outputs. A method of measuring the degree of local autonomy as a part of the budgeting process is a part of this model.

The Effects Of Divided Attention On Speech Motor, Verbal Fluency, And Manual Task Performance, Christopher Dromey, Erin Shim

Faculty Publications

Purpose: The goal of this study was to evaluate aspects of the functional distance hypothesis, which predicts that tasks regulated by brain networks in closer anatomic proximity will interfere more with each other than tasks controlled by spatially distant regions. Speech, verbal fluency, and manual motor tasks were examined to ascertain whether right-handed activity would interfere more with speech and language performance because of the presumed greater demands on the left hemisphere. Method: Twenty young adults completed a speech task (repeating a sentence), a verbal fluency task (listing words beginning with the same letter), and right- and left-handed motor tasks …

Perceived Versus Used Workplace Flexibility In Singapore: Predicting Work–Family Fit, Blake L. Jones, D. Phillip Scoville, E. Jeffrey Hill, Geniel Childs, Joan M. Leishman, Kathryn S. Nally

Faculty Publications

This study examined the relationship of 2 types of workplace flexibility to work–family fit and work, personal, and marriage–family outcomes using data (N 􏰀 1,601) representative of employed persons in Singapore. We hypothesized that perceived and used workplace flexibility would be positively related to the study variables. Results derived from structural equation modeling revealed that perceived flexibility predicted work–family fit; however, used flexibility did not. Work–family fit related positively to each work, personal, and marriage–family outcome; however, workplace flexibility only predicted work and personal outcomes. Findings suggest work–family fit may be an important facilitating factor in the interface between work …

Effect Of Micronutrient Fortification On Nutritional And Other Properties Of Nixtamal Tortillas, K. E. Burton, Frost M. Steele, Laura K. Jefferies, Oscar A. Pike, Michael L. Dunn

Faculty Publications

Nixtamalization is the process of steeping dried corn in hot water with calcium hydroxide (lime) with subsequent removal of all or most of the pericarp through washing. The resulting product is called nixtamal. Approximately 60% of corn tortillas in Mexico are produced from nixtamal, with the remainder prepared from nixtamalized corn flour. Nixtamal was fortified with micronutrient premix containing iron, zinc, folic acid, niacin, riboflavin, and thiamin. Premix composition followed a proposed Mexican regulation for corn flour fortification, adjusted for moisture. Effects of premix on masa adhesiveness, hardness, and pH, as well as tortilla sensory properties, stretchability, rollability, and color …

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Faculty Publications

This paper focuses on the interaction of the federal judicial and executive branches of government in one key area of civil rights, determining the scope and direction of school integration. Specifically, this paper examines the extremely powerful role of the United States Department of Education's Office for Civil Rights ("OCR") in shaping the application of the Supreme Court's decisions with respect to racial inclusion in public education in the wake of two watershed rulings, Brown v. Board of Education  and Grutter v. Bollinger. In addition, this paper discusses the possible consequences of executive and judicial interplay in the aftermath of …

The Implementation Challenge Of Mitigating China's Greenhouse Gas Emissions, Tseming Yang

Faculty Publications

No abstract provided.

"Control" In Reorganization Law And Practice In China And The United States: An Essay On The Study Of Contrast, William J. Woodward Jr.

Faculty Publications

No abstract provided.

Panel: Water Ethics And Commodification Of Freshwater Resources, Stephen F. Diamond

Faculty Publications

No abstract provided.

The Path Not Taken: French Industrialization In The Age Of Revolution, 1750-1830, By Jeff Horn, Michael S. Smith

Faculty Publications

A review of The Path Not Taken: French Industrialization in the Age of Revolution, 1750-1830, by Jeff Horn

Research On Effective Teaching In Elementary School Physical Education, Judith E. Rink, Tina J. Hall

Faculty Publications

The perspective of this article is that the purpose of the elementary physical education program is the development of a physically active lifestyle. We discuss the relative contribution of the development of motor skills, fitness, content related to encouraging participation, and the affective goals of the program to the development of a physically active lifestyle. Teaching must be effective if children are to acquire the skills to lead a physically active lifestyle. We explore the research base identifying effective teaching in an elementary school physical education setting in terms of academic learning time and management roles and communication and content-development …

Choosing A Career In Athletic Training: Exploring The Perceptions Of Potential Recruits, James M. Mensch, Murrary F. Mitchell

Faculty Publications

The success of any academic program, including athletic training, depends upon attracting and keeping quality students. Therefore, understanding potential recruits' perceptions of athletic training is important.

Objective: To (1) gain insight regarding undergraduate students' decisions to enter or not enter an athletic training education program (ATEP), and (2) examine potential athletic training recruits' perceptions of the roles and responsibilities of certified athletic trainers.

Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black

Faculty Publications

This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …

Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson

Faculty Publications

No abstract provided.

The Uniform Limited Cooperative Association Act: An Introduction, Thomas Geu, James Dean

Faculty Publications

No abstract provided.

"New" Directions In Indian Law Scholarship: An Afterward, Frank Pommersheim

Faculty Publications

No abstract provided.

California Saints: A Readers Theater, J. Michael Hunter

Faculty Publications

California Saints: A Readers Theater was performed at the Mormon History Association Devotional, Emanuel Church, Marshall Gold Discovery State Historic Park, Coloma, California, Sunday May 25, 2008, 8:30-9:30 AM. Through excerpts from diaries and letters, the story of members of The Church of Jesus Christ of Latter-day Saints (Mormons) in California from 1846 to 1857 is recounted. Readers were all descendants of Mormons associated with California’s early history. Readers included Richard Bushman, John Huntington, Leo Lyman, and Laurel Thatcher Ulrich. Musical vocalists included John Huntington and Rachel Thatcher Loveridge.

State Administration Vs. Self-Government In The Slovak And Czech Republics, Phillip J. Bryson

Faculty Publications

In the transition experience, the Czech and Slovak Republics have made some effort to achieve fiscal decentralization. From independence to EU accession, the devolution of power designed to strengthen the autonomy of local governments according to the principles of subsidiarity have also included a reform of public administration. The nature of reform efforts and their implications for the fiscal decentralization are analyzed. The failure to achieve a robust autonomy for subnational governments is due to the ongoing adherence to the notion of the "state administration" as opposed to self-government in both republics.

Patient Simulator Sessions And Critical Thinking, Patricia K. Ravert

Faculty Publications

The project purpose was too determine whether measures of critical thinking show differences between three groups (simulator, non-simulator, control) of baccalaureate nursing students. The second purpose was to determine the moderating effect of students' preferred learning style. All groups experienced a moderate to large effect size in critical thinking scores. The corrected model for the total scale gain score was statistically significant but not significant for learning style or group.

Six Critical Ingredients In Creating An Effective Workplace, Jenet I. Jacob, James T. Bond, Ellen Galinsky, E. Jeffrey Hill

Faculty Publications

Using a nationally representative sample of data collected from waged and salaried employees in the United States (n = 2810) by the 2002 National Study of the Changing Workforce (NSCW), we evaluate workplace flexibility as another critical ingredient in creating an effective workplace. The study examined the bivariate relationships between six factors of workplace effectiveness and three job outcomes (job engagement, job satisfaction, employee retention) and one employee outcome (mental health). It also examined the relationship between a composite measure of overall workplace effectiveness and the four outcomes. Results indicated that all six aspects of workplace effectiveness and the composite …

Taxation And Doing Business In Indian Country, Erik M. Jensen

Faculty Publications

Furthering investment in Indian country (a term that includes, but is not limited to, reservations) is an important goal, but potential investors are hesitant - and with reason. One disincentive to invest is uncertainty about tax liability. Understanding taxation in Indian country requires knowledge not only of traditional tax law, but also of American Indian law principles dating from the early nineteenth century, and not many practitioners are up to that task. This article tries to make sense, as much as is possible, of the doctrines that have developed over the centuries.

The article first discusses some basics: the concept …

Emerging Issues In North American Trade - Labor Law, Chios Carmody, Kevin Banks, Robert Strassfeld

Faculty Publications

The Proceedings of the Canada-United States Law Institute Conference on an Example of Cooperation and Common Cause: Enhancing Canada-United States Security and Prosperity Through the Great Lakes and North American Trade, Panel on Emerging Issues in North American Trade - Labor Law, Cleveland, Ohio April 2-4, 2009.

Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli

Faculty Publications

No abstract provided.

In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head

Faculty Publications

According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old)—including their treatment at the hands of the judicial system—should reflect an assessment of "the best interests of the child". An explicit announcement of this principle at the international level appears in the Convention on the Rights of the Child ("CRC"), which nearly all countries in the world have adopted. Article 37 of the CRC elaborates on the "best interests" principle, by prescribing six key standards national juvenile justice systems are to follow …