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1997

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A Neuropsychological Assessment Of Music Stimulation On Individuals With Dementia, Peter Leo Cuff Jan 1997

A Neuropsychological Assessment Of Music Stimulation On Individuals With Dementia, Peter Leo Cuff

Dissertations and Theses @ UNI

Previous research has suggested that musical therapy temporarily improves the cognitive and perceptual functioning of individuals with varying forms of dementing illnesses. However, no research to date has focused on the effects of musical stimulation exclusively. Thus, the purpose of this study was to investigate whether, and to what extent, a brief exposure to music might enhance the cognitive and perceptual functioning of clients with mild to moderate forms of Alzheimer's disease and dementia. It was hypothesized that following a brief exposure (6 minutes) to musical stimulation, all subjects (N = 9) would achieve higher scores on the following neuropsychological …


Am I Virtually Me?: Virtual Reality And The Self, Douglas J. Frederick Jan 1997

Am I Virtually Me?: Virtual Reality And The Self, Douglas J. Frederick

Dissertations and Theses @ UNI

Am I Virtually Me? Virtual Reality and the Self is a theoretical discussion that examines the consequences of using Virtual Reality technology. Virtual Reality is examined as a communication medium. The theoretical foundations for this examination include Marshall McLuhan's medium theory and George Mead's Symbolic Interactionism. Drawing upon these theories, which include concepts such as consciousness, mind and self, the focus of this examination is individual expenence. A theoretical argument is constructed which views Virtual Reality as a simulation of consciousness and details two different virtual-selves which arise by using Virtual Reality technology. These virtual-selves are "the pseudo-self' and "the …


Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray Jan 1997

Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray

Campbell Law Review

No abstract provided.


Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane Jan 1997

Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane

Campbell Law Review

No abstract provided.


Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico Jan 1997

Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico

Campbell Law Review

This article strives to sort through the sundry ramifications of the law of misrepresentation. Accordingly, the three major classifications of misrepresentation - fraudulent, negligent, and innocent - will be differentiated clearly and then examined extensively. The elements constituting each category of misrepresentation action will be explained and illustrated. The article will focus upon the nature and extent of the tort action available to an aggrieved party who was induced to enter into a transaction or relationship by the misrepresentation of another. This tort analysis will include not only the traditional cause of action of deceit, but also the emerging tort …


North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby Jan 1997

North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby

Campbell Law Review

This comment will show that Carolina ACCESS' Emergency Room Policy forces hospitals into a difficult situation. On one hand, the EMTALA binds emergency departments to appropriately screen all persons who enter its doors. On the other hand, Carolina ACCESS tells a hospital that it will pay for only certain services leaving the hospital to make a choice: lower its exam standards thus risking liability under EMTALA, or conduct an appropriate exam and then suffer the economic loss when the patient's condition is deemed non-emergent.


Service Quality Using The Deviation-Score Approach To Fit In Contingency Theory In A U.S. Army Corps Of Engineers Setting, Donald Robert Groh Jan 1997

Service Quality Using The Deviation-Score Approach To Fit In Contingency Theory In A U.S. Army Corps Of Engineers Setting, Donald Robert Groh

Doctoral Dissertations

"The purpose of this study is to learn how organizational work unit context, structure, and processes relate to service quality. The theoretical basis for the research is that organizational work units should be structured based on the work that they perform. If the work that a unit performs is highly variable, then the work unit should be structured in such a way as to provide flexibility, that is, few rules and procedures and highly decentralized decision making. If the work that a unit performs is not variable, then the work unit should be structured to provide a non-varying product or …


Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson Jan 1997

Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson

Faculty Scholarship

Professors Ronald Levin and Edward Rubin want to change the way we think about important administrative law concepts. Ronald Levin's paper, The Anatomy of Chevron: Step Two Reconsidered,1 argues that Chevron's currently ill-defined second step ought to be reconceptualized as an application of arbitrary or capricious review. Edward Rubin's paper, Discretion and Its Discontents,3 is part of his ongoing project to reconceptualize the way we think-and, more importantly, the way we talk-about the modern administrative state. Professor Rubin suggests that the oft-used word "discretion" does not usefully describe the bureaucratic operation of the modern managerial state and that it profitably …


Patients' Rights In Managed Care - Exit, Voice, And Choice, George J. Annas Jan 1997

Patients' Rights In Managed Care - Exit, Voice, And Choice, George J. Annas

Faculty Scholarship

The ability of consumers to complain effectively about services and products is a key ingredient of the market. In Exit, Voice, and Loyalty, economist Albert O. Hirschman argues that the ability to take one's business elsewhere may not be enough to empower consumers in markets where all providers act similarly. Instead of simply going elsewhere, consumers need to have an effective way to voice their complaints, in order to give providers an incentive to be more responsive to consumers' interests. Marc Rodwin has suggested that the Hirschman analysis may be particularly relevant to members of managed-care organizations and ``individuals with …


Tobacco Litigation As Cancer Prevention: Dealing With The Devil, George J. Annas Jan 1997

Tobacco Litigation As Cancer Prevention: Dealing With The Devil, George J. Annas

Faculty Scholarship

Tobacco companies have come to personify the devil, and strategies to exorcise tobacco smoking from the United States proliferate. Tobacco's demonic status is even reflected in popular fiction. John Grisham's latest bestseller, The Runaway Jury, for example, is a broadside attack on tobacco companies. He opens the book by noting that tobacco companies “had been thoroughly isolated and vilified by consumer groups, doctors, even politicians.” This was bad, but it was getting even worse: “Now the lawyers were after them.”


Reefer Madness: The Federal Response To California's Medical-Marijuana Law, George J. Annas Jan 1997

Reefer Madness: The Federal Response To California's Medical-Marijuana Law, George J. Annas

Faculty Scholarship

Marijuana is unique among illegal drugs in its political symbolism, its safety, and its wide use. More than 65 million Americans have tried marijuana, the use of which is not associated with increased mortality. Since the federal government first tried to tax it out of existence in 1937, at least partly in response to the 1936 film Reefer Madness, marijuana has remained at the center of controversy. Now physicians are becoming more actively involved. Most recently, the federal drug policy against any use of marijuana has been challenged by California's attempt to legalize its use by certain patients on the …


Symbolic Statutes And Real Laws: The Pathologies Of The Anti-Terrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Larry Yackle Jan 1997

Symbolic Statutes And Real Laws: The Pathologies Of The Anti-Terrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Larry Yackle

Faculty Scholarship

Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences? The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …


Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Jan 1997

Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien

Faculty Scholarship

The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events creates a set of background rules. These rules influence the way in which insurance products are developed and impact the number of people who will enjoy the protection these insurance products afford. This means that every proposal to regulate an employment related insurance product likely will affect both the quality and quantity of insurance available to consumers. For example, over the past decade, as the public and professionally-interested parties have grappled with the insurance implications of the …


Integrating Technology Education Concepts Into China's Educational System., Faxian Yang Jan 1997

Integrating Technology Education Concepts Into China's Educational System., Faxian Yang

Graduate Theses, Dissertations, and Problem Reports (ETD)

The problem of this study was to develop a strategy for integrating technology education concepts within the Chinese mathematics and science curricula. The researcher used a case study as the basic methodology. It included three methods for collecting data: literature review, field study in junior and senior secondary schools in America and China, and interviews with experienced educators who were familiar with the status of technology education programs in the selected countries. The data came from the following areas: Japan, Taiwan, the United Kingdom, China, and five states in the United States: Illinois, Iowa, Maryland, Massachusetts, and New York. The …


The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young Jan 1997

The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young

Touro Law Review

No abstract provided.


"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine Jan 1997

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.


The Hague Convention On The Civil Aspects Of International Child Abduction: Commencing A Proceeding In New York For The Return Of A Child Abducted From A Foreign Nation, Custody, Background And Purpose Of The Hague Convention,, Stephanie Vullo Jan 1997

The Hague Convention On The Civil Aspects Of International Child Abduction: Commencing A Proceeding In New York For The Return Of A Child Abducted From A Foreign Nation, Custody, Background And Purpose Of The Hague Convention,, Stephanie Vullo

Touro Law Review

No abstract provided.


Recent Books, Michigan Law Review Jan 1997

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.


Similarities And Differences Between Sun-Related Knowledge, Attitudes, Beliefs, And Behaviors Of South African And Californian University Students, Katerina Hollblad-Fadiman Jan 1997

Similarities And Differences Between Sun-Related Knowledge, Attitudes, Beliefs, And Behaviors Of South African And Californian University Students, Katerina Hollblad-Fadiman

Master's Theses

No abstract provided.


The Current And Potential Future Roles Of The Internet In The Field Of Health Education, Wendy L. Boman Jan 1997

The Current And Potential Future Roles Of The Internet In The Field Of Health Education, Wendy L. Boman

Master's Theses

No abstract provided.


Common Law Elements Of The Section 1983 Action, Jack M. Beermann Jan 1997

Common Law Elements Of The Section 1983 Action, Jack M. Beermann

Faculty Scholarship

This Article explores the role of the common law in Supreme Court interpretation and application of § 1983, which grants a cause of action for violations of constitutional rights committed "under color of any [state] statute, ordinance, regulation, custom or usage."' I argue that the common law has served primarily to narrow the reach of § 1983, and that this is inappropriate in light of the broad statutory language and the absence of good evidence that the enacting Congress intended a narrower application than the statutory language indicates.


Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller Jan 1997

Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller

Faculty Scholarship

Millenia prompt reflection about change, both past and future. Tons of newsprint have already been devoted to documenting the astonishing developments in medicine during the past century, and to speculating about what breakthroughs to expect in the next one.1 Health economists generally accept that these changes, particularly advances in technology, have been the dominant factor propelling U.S. health care costs into the stratosphere over the past hundred years.' Analysts by the score have also examined the myriad ways in which this nation's health care delivery system has been (and must continue to be) transformed to cope with these expensive …


Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson Jan 1997

Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson

Faculty Scholarship

Professors Ronald Levin and Edward Rubin want to change the way we think about important administrative law concepts. Ronald Levin's paper, The Anatomy of Chevron: Step Two Reconsidered,1 argues that Chevron's2 currently ill-defined second step ought to be reconceptualized as an application of arbitrary or capricious review. Edward Rubin's paper, Discretion and Its Discontents,3 is part of his ongoing project to reconceptualize the way we think-and, more importantly, the way we talk-about the modern administrative state. Professor Rubin suggests that the oft-used word "discretion" does not usefully describe the bureaucratic operation of the modern managerial state and that it profitably …


The Bell Tolls For A Constitutional Right To Physician-Assisted Suicide, George J. Annas Jan 1997

The Bell Tolls For A Constitutional Right To Physician-Assisted Suicide, George J. Annas

Faculty Scholarship

For Whom the Bell Tolls, Ernest Hemingway's novel about the Spanish Civil War, ends with its American hero, Robert Jordan, mortally wounded and trying to decide whether to commit suicide with a machine gun or risk capture by trying to retain consciousness long enough to cover the retreat of his comrades. Confronting his impending death, Jordan thinks, “Dying is only bad when it takes a long time and hurts so much that it humiliates you.” Hemingway, one of the most American of American writers, committed suicide with a shotgun. Most suicides in the United States are committed with guns, but …


Commodification And Women's Household Labor, Katharine B. Silbaugh Jan 1997

Commodification And Women's Household Labor, Katharine B. Silbaugh

Faculty Scholarship

A woman washes a kitchen floor. She puts the mop away and drives to the comer market. She consults a shopping list, and purchases groceries from it, carefully choosing the least expensive options. A four-year-old child is tugging at her leg while she does this, and she tries to entertain him, talking to him about the mopped floor, the grocery items. When she returns from the store, she prepares lunch from what she has brought home with her. She and the child both eat lunch. After lunch, she and the child collect laundry and she runs a load. She takes …


Review Of Why Things Bite Back: Technology And The Revenge Of Unintended Consequences By Edward Tenner, Jay D. Wexler Jan 1997

Review Of Why Things Bite Back: Technology And The Revenge Of Unintended Consequences By Edward Tenner, Jay D. Wexler

Faculty Scholarship

Historian of science Edward Tenner begins his book with a typical example of what he sees as the irony of modern life in a technological society. With the advent of electronic mail and inter-office networking, one would expect that the amount of paper used in offices would markedly decline, but in fact, notes Tenner, paper recycling bins are more full than ever before. People do indeed communicate through e-mail, but since they mistrust the permanence of electronic transmissions, they also back them up with an ever increasing amount of paper communication. In his typically amusing way, Tenner notes that when …


Risk In The Balance, Jay D. Wexler Jan 1997

Risk In The Balance, Jay D. Wexler

Faculty Scholarship

In both academic and legislative circles, risk assessment reform is currently a hot topic. In the last decade, scholars have increasingly criticized the risk assessment procedures which administrative agencies employ to protect the public from environmental and health risks. Critics have pointed to several flaws in the current system, calling it inconsistent, undemocratic, overly decentralized, excessively rigid and unjustifiably conservative. To deal with these problems, scholars have proposed a variety of solutions. Peter Huber has urged agencies to assess risk less conservatively in order to save society from "second best" technology. Cass Sunstein and Richard Pildes have proposed injecting public …


On The Economics Of Copyright, Restitution And "Fair Use": Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon Jan 1997

On The Economics Of Copyright, Restitution And "Fair Use": Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon

Faculty Scholarship

The 'public goods' characteristics possess by intangible works of authorship and invention present the basic market failure problem usually relied on to justify intellectual property rights. What is ordinarily less emphasized is that such market failure is no more than half of the prerequisite for an economically desirable copyright or patent system: another requisite condition is that there be less costly market imperfections after intellectual property is instituted than there would have been in the absence of the intellectual property regime. Intellectual property rights are best justified in the presence of "asymmetric market conditions", that is where (1) in the …


The Polygamous Heart?, Katharine B. Silbaugh Jan 1997

The Polygamous Heart?, Katharine B. Silbaugh

Faculty Scholarship

Workers, particularly women, are increasingly vocal about the poverty of family time that their jobs allow them. But what if a company responded by offering family-friendly policies that would reduce work hours, like job-sharing and parttime work, and no one signed up for them? What if instead workers signed up for “familyfriendly” services like long-hour on-site daycare that made it easier to stay at work longer? Sociologist Arlie Hochschild seeks to explain this puzzle in The Time Bind: When Work Becomes Home s Home Becomes Work. She portrays the modern workplace as carefully engineered to be friendly, relaxed, supportive, appreciative …


Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman, Peter Marx, Steven Bauer Jan 1997

Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman, Peter Marx, Steven Bauer

Faculty Scholarship

Welcome to the first session of the Internet Law Symposium co-sponsored by the Center for Law and Technologyat Boston University School of Law and the law firm of Testa, Hurwitz & Thibeault.This session will focus on a variety of Internet law and public policy issues and their implications for business.