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Getting Physical: Excluding Injury Awards Under The New Section 104(A)(2), J. Martin Burke, Michael K. Friel

Faculty Law Review Articles

This article analyzes the 1996 amendments to section 104(a)(2) of the Internal Revenue Code. The authors argue that while section 104(a)(2) was in need of remedy, the remedy chosen is both insupportable from the standpoint of tax policy and problematic in terms of administrability. Part II of the article traces the recent history of the statute’s judicial construction. Part III discusses the provisions of the 1996 amendments. Part IV demonstrates the impact of the 1996 amendments on dignitary torts and highlights policy and interpretational problems associated with the amended provision. The article concludes with a proposal for a better remedy.

Condominiums, Reform, And The Unit Ownership Act, Robert G. Natelson

Faculty Law Review Articles

This article assesses the Montana Unit Ownership Act (UOA), the condominium statute adopted by the Montana legislature in the 1960s. Part II sketches the nature and history of condominium ownership. Part III provides the history, organization, language, and essential purpose of UOA. Part IV offers a philosophy for reform and concludes that the Montana legislature should amend the UOA rather than replace it. Part V makes detailed recommendations for such reform.

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in year 1997.

High-Resolution Microscopy: Application To Detector Characterization And A New Super-Resolution Technique, Daniel Kavaldjiev

Theses

The research, presented in this dissertation, consists of two parts. In the first half of the work a novel microscopy method, Frequency-domain Field- confined Scanning Optical Microscopy (FFSOM), capable of a resolution below the classical diffraction limit, is introduced. An experimental verification in the case of fluorescence microscopy is also presented, suggesting the biological microscopy research as an important application field. The second half of the thesis is devoted to an experimental measurement of the subpixel spatial variations in solid-state light detectors, namely in a Charge-Coupled Devices (CCD). A specialized high-resolution scanning optical microscope, is described. With the help of …

Dichlorobis[1,3-Dimethylimidazole-2(3h)-Selone-Se]Cobalt(Ii), Daniel J. Williams, Timothy Jones, Edward D. Rice, Kerri J. Davis, John A. Ritchie, William T. Pennington, George L. Schimek

Faculty Articles

The crystal structure of the title compound, [CoCl₂(C₅H₈N₂Se)₂], shows a discrete molecular structure with tetrahedral geometry around the cobalt ion. The mean Co-Cl and Co-Se distances are 2.277 (3) and 2.456 (3) Å, respectively. Bond angles around the Co atom range from 101.1 (1) to 120.0 (1)°. Ring distances and angles in the ligand compare favorably with the literature values of analogous compounds, and show significant increases from values observed in the uncoordinated selone. However, the mean C-Se bond distance of 1.88 (2) Å shows no significant difference from the …

Spirituality And Counseling In Holistic Health: Toward Integration In Actualizing Full Potential, Mary Ann Kniess

Theses

The purpose of this study was to investigate the relationship between spirituality and counseling in holistic health . Forty clients and forty therapists, both male and female, from varying economic and educational backgrounds completed a one- page self-report attitudinal survey regarding the place of religion and spirituality in their life and therapeutic sessions. Each ranked issues such as forgiveness, prayer, healing in relationships, grief, death, and afterlife as to the frequency with which they arose in therapy . Participants who returned surveys on site or by mail from Missouri and Illinois were volunteers who attended Joseph Zinker ' s Gestalt …

Mary Shelley And Gothic Feminism: The Case Of "The Mortal Immortal", Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Diel Activity Patterns And Host Preferences Of Glossina Fuscipes Fuscipes (Diptera: Glossinidae) Along The Shores Of Lake Victoria, Kenya, M. M. Mohamed-Ahmed, A. Odulaja

All Peer-Reviewed Publications

Diurnal activity patterns and host preference of Glossina fuscipes fuscipes Newstead were studied in forest and linear habitats along Lake Victoria shore, Kenya. The objective was to identify the preferred hosts of G. f. fuscipes, the emanations of which may be attractive to this species. Hourly catches of flies in biconical traps were related to changes in the weather and the prevalence of hosts in the vicinity of traps. Flies were mainly active between 0800 and 1600 h, with males peaking around 1100 h and females around 1300 h. Activity of flies correlated directly with light intensity and temperature, but …

Changes Over Twelve Years In Populations Of Glossina Pallidipes And Glossina Longipennis (Diptera: Glossinidae) Subject To Varying Trapping Pressure At Nguruman, South-West Kenya, R. Brightwell, R. D. Dransfield, P. Stevenson, B. Williams

All Peer-Reviewed Publications

Long term changes in the size of populations of the tsetse Glossina pallidipes Austen and G. longipennis Corti Were monitored over a 12 year period at Nguruman in south-western Kenya. Tsetse populations were subject to droughts of varying intensity and, from 1987, to trapping, initially by a research organization, and later by a community-based development project. Populations were mainly sampled using odour-baited biconical traps, with data from other monitoring traps corrected accordingly. Mark-release-recapture studies were carried out to relate trap catches to absolute population size, and to quantify movement between subpopulations. Trypanosomiasis incidence rates in a herd of local cattle …

Geographic Variation In Host Selection Behaviour And Reproductive Success In The Stemborer Parasitoid Cotesia Flavipes (Hymenoptera: Braconidae), R. P.J. Potting, L. E.M. Vet, W. A. Overholt

All Peer-Reviewed Publications

Local parasitoid populations may be adapted to their sympatric major plant host complex. Parasitoid strains may thus differ in their propensity to search for a particular micro-habitat or host or they may differ in their physiological compatibility with particular plant or host species. Cotesiaflavipes Cameron, a larval parasitoid used worldwide in biological control against tropical stemborers, has a wide host range in diverse habitats. The existence of plant and/or host specific strains in C. flavipes has been postulated. To provide insight into the existence of strains in C. flavipes, we compared the plant/host complex selection behaviour, and physiological compatibility with …

Intelligent Techniques For Handling Uncertainty In The Assessment Of Neonatal Outcome, Jonathan Mark Garibaldi

School of Engineering, Computing and Mathematics Theses

Objective assessment of the neonatal outcome of labour is important, but it is a difficult and challenging problem. It is an invaluable source of information which can be used to provide feedback to clinicians, to audit a unit's overall performance, and can guide subsequent neonatal care. Current methods are inadequate as they fail to distinguish damage that occurred during labour from damage that occurred before or after labour. Analysis of the chemical acid-base status of blood taken from the umbilical cord of an infant immediately after delivery provides information on any damage suffered by the infant due to lack of …

Spectroscopic And Kinetic Studies Of Bismuth Dimers, Robert Eugene Frankin

Theses and Dissertations

The spectroscopy of high rotational levels (J ≤ 211) in Bi₂ X(O_g⁺) and A(O_u⁺) was investigated for 2≤v"≤5 and 0≤v'≤4 by observing total fluorescence from laser excitation. Dunham coefficients were derived that fit all observed rotational lines to within 0.01 cm^-1. Franck-Condon factors were calculated and experimentally verified for transitions originating from the initially populated levels 0≤v'≤5. Vibrational energy transfer upon collision with rare gas collision partners was investigated for the low-lying vibrational levels of the A-state using spectrally resolved, continuous wave laser induced fluorescence. Vibrational transfer was adequately modeled by …

Patient-Focused Care: The Restructuring Of Healthcare, William E. Brown

Theses

This thesis will focus on the study of restructuring or redesigning the current healthcare delivery system. with a primary emphasis on the concept of patient-focused care. Patient-focused care is defined as the redesign of patient care so that hospital resources and personnel are organized around patients. rather than around various specialized departments.

An overview of the healthcare delivery system prior to 1980 pointed out that healthcare expenses were increasing at far too rapid a rate. The number of Americans without healthcare benefits was climbing and medical record management was out of control. Hospital information systems were obsolete and professional territorialism …

Utilizing Aromatherapy To Reduce Situational Anger In An Academic Setting, Karen R. Duncan

Theses

This study examined the effectiveness of aromatherapy in promoting a positive affect, or emotion, by reducing situational or state anger in an academic setting. Seventeen graduate level counseling students in a Research Methods and Statistics class participated in the study one time per week over a period of four weeks. Subjects completed the state anger portion of the State-Trait Anger Expression Inventory (STAXJ) during each of the four weeks. During two of the weeks, participants were exposed to the scent of rose oil; during the other two weeks no aroma was introduced into the classroom. While a decrease in the …

Coping Resources: A Comparative Study Of Parents Of Children With Down Syndrome And Parents Of Children Without Down Syndrome, Randee Jo Feco

Theses

A comparative study was conducted on differences in coping resources in parents of a child with Down syndrome and parents of children without Down syndrome. Participants included twenty- three parents of a child with Down syndrome and twenty-nine parents of children without Down syndrome . All parents were from the St. Louis metropolitan area. The participants completed a personal data questionnaire and the Coping Resources Inventory (CRI). The personal data questionnaire contained demographic questions, and the CRI measured coping resources in five domains: cognitive , social, emotional, spiritual/philosophical, and physical . Data was statistically analyzed to determine differences in each …

Motivating Sales Personnel, Kel T. Denker

Theses

The purpose of this study is to develop a reference manual for managers to examine on a periodic basis and refresh their memories about the motivational process and its importance in the field of sales.

Research has shown that individuals are motivated differently to achieve specific goals and those who are positively motivated definitely out perform those who are not. In the field of sales, this is extremely important. This project illustrates motivational theory, personality types, a managers role, a sales persons role, and a variety of different motivational techniques.

This project is not intended to teach managers how to …

Getting Ready For Total Joint Replacement Surgery: A Pre-Operative Education Program, Jason R. Delaney

Theses

Today's health care system is in a state of constant flux attempting to merge, decrease jobs and increase profits. A method to accomplish the goal for increased profits is to have a decline in the number of days any patient remains in the hospital. One such facility attempting to achieve this goal is a 340 bed acute care hospital in the Midwest.

ln the view of the author it seems possible for the physical and occupational therapy departments to have the ability to improve outcomes and decrease the total amount of time any patient remains hospitalized. With this in mind, …

Cost-Effectiveness Of Activities In Extended-Care Facilities, Nancy Marie Knapp

Theses

The purpose of this project is to evaluate the cost-effectiveness of activities in extended-care facilities. The life expectancy of older adults and housing options is presented in the introduction to this project. A literature review highlights the need for activities to maintain and restore the health of older adults in extended-care facilities. The literature shows that activities help to meet the physical, emotional, and spiritual needs of older adults. Meeting these needs leads to life satisfaction for the residents in extended-care facilities. The importance of evaluation in determining the cost-effectiveness of activities in extended-care facilities is also presented in the …

Employee Motivation: What Works, What Doesn't, Michelle A. Koenig

Theses

Corporate America has seen a multitude of changes in the last century, but the change with the greatest impact is that of the employees. In the 'old' days, it was an employer's market. Employees felt lucky just to have a job. Companies did not spend time or money worrying about whether or not their employees were happy or motivated. The majority of jobs required manual labor and little or no education. This made replacing an unhappy or unmotivated worker much easier. In addition, there weren't as many U.S. or foreign companies competing for employees.

In today's competitive market, hiring and …

The New American Family, And A New Generation Of Young Americans Entering The Workforce, Flo A. Kistner

Theses

This thesis focuses on the dysfunction of a significant proportion of America's youth and shows how it can be attributed directly to lack of parental presence or parental control. Today's youth are in total chaos. Research shows there is a definite lack of quality time with today's children from their parents. This lack of parental involvement plays a crucial role in the development or lack of development of today's youth and tomorrow's workers.

The purpose of this study is to examine the changes in the structure of the American family, and the resulting need for management to assume a more …

Kenyatta International Conference Center: A Proposed Marketing Plan, Rose M. Kwena

Theses

This study will focus on analyzing the marketing capabilities of the America's Center and the St. Louis Convention & Visitors Commission (CVC) in the conventions and exhibitions industry, with the aim of preparing a marketing plan to be implemented by Kenyatta International Conference Center (KICC) in Kenya based on the success of St. Louis CVC. The information gathered from researching published data and personal interviews will be used to develop strategies and recommendations.

Kenyatta International Conference Center was not purposely built to host events of large magnitude as exhibitions and conventions. The center was built with public funds by the …

A Comparison Of Self-Esteem Scores For Adolescents Who Have Not Been Pregnant, Have Been Pregnant And Have A Child, Bridget Laffleur

Theses

The differences in the average self-esteem scores between adolescents who have not been pregnant, adolescents who are pregnant, and adolescents who have a child was the focus of this study. The subjects were adolescents ranging in age from 12 to 19 who were living in a residential treatment facility. The participants were administered the Rosenberg Self-Esteem Inventory. The results found that self-esteem and pregnancy status were weakly correlated but was unable to find a significance due to the low number of subjects .

Charlotte Dacre’S Zofloya: A Case Study In Miscegenation As Racial And Sexual Nausea, Diane Hoeveler

English Faculty Research and Publications

when she was 24 years old (or so she claimed) and the beautiful toast of London literary circles. Her first novel. The Confessions of the Nun of St. Omer, was written when she was eighteen (or 28, depending on what biographical source one credits) and in the grip of an infatuation with the excessive gothicism of Lewis' The Monk} Dacre's novels by 1809 were ridiculed as "lovely ROSA's prose" by Byron, who went on to mock the novels as "prose in masquerade/Whose strains, the faithful echoes of her mind,/Leave wondering comprehension far behind" (English Bards and Scotch Reviewers, 756-58). Despite …

Immigration Issues Of Indian Women, Hema Srikanta

Theses

There are a few thousand Indian families living in St. Louis at the present time. Most of them came here in pursuit of higher education and a better life. Now this population is growing old. Here most of the Indian women are working outside of their homes. Their lives are totally different than that of their mothers and grand mothers. The values they grew up with in India are totally different than what they are experiencing in America. Most of the Indian population has made a home in America; they are growing old here and are going to retire here. …

Corporate Communication With The Intranet, Carol J. Sonderman

Theses

This project will focus on the study of the intranet through a review of literature and interviews to determine its value as a corporate communication tool. Currently, the intranet is in the early "innovator and adaptor" stage of development. However, it is moving rapidly forward to the early maturity stage within the corporate world.

Intranets can connect every person, every document, and every application within an organization, no matter where they are physically located. Intranets help companies reduce their paper costs in core areas of communication such as company telephone directories, employee benefits handbooks, manuals, and interoffice or department newsletters. …

Organizational And Social Systems, Ronald James Snelson

Theses

This project explores systems theory and practice as applied to Communications. A system is an organized or complex whole; an assemblage or combination of things, or parts forming a complex or unitary whole. A system is made up of (1) inputs, (2) operations (or processes), (3) outputs. Each interacts with, and is dependent on the proper functioning of the other. If something happens to one part the others parts are affected. Thus, within an organization, what happens to one can affect the whole.

An organization is a system. The systems approach has three goals: ( 1) to define relationships both …

Taoist Medical Practices In Taiwan, Da-Chen Sun

Theses

Taiwan has a strange combination of Taoist practices, high education rate, and quality of medical care. This thesis will explore the various, aspects of Taoist medical practices and identify the root and future of Taoist medical practices in Taiwan.

There are various types of Taoist medical methods and each one has developed its own distinctive system. We will focus on how Taoist medical practices fit the needs of the society.

Various theories including mental, classical, and superstitions, advantage and disadvantages in analyzing Taoist medical practices in Taiwan. The mental theory, which focuses on the psychological analysis, belongs to the sphere …

Opening A Child Care Facility: Tomorrow's Stars, Star E. Seeger

Theses

This thesis focuses on the child care industry and the feasibility of opening a child care center in the O'Fallon, Missouri area. It takes a look at the industry from both a national level as well as a local level, analyzing the history, business philosophy, marketing strategies, financial components, competition, management needs, and the service itself.

Research shows there is a definite lack of quality child care centers to care for the number of children in the United States who are between the ages of six months and twelve years. This is also the case in the O'Fallon area where …

Cultural Transformation: Desire To Change?, Arthur L. Seaman

Theses

Gaining knowledge about what motivates people working in an environment afflicted with laws, statutes, policies, regulations, procedures, standards and jobs threatened by political movements is considered valuable information. This thesis is a focused study of human motivation theory, with the intent of learning why past attempts to change the culture of the United States Army Aviation and Troop Command (ATCOM) and the co-located Aviation Program Executive Office (PEO) organizations have failed to produce lasting results.

It is theorized that past attempts to bring about lasting change to the culture of ATCOM and the PEO organizations have failed in part because …

Caring For Our Elders: An African-American Perspective, Wilma Virginia Saunders Schmitz

Theses

Wilma Virginia Saunders Schmitz's study explores the caregiving networks that support African American elders, emphasizing the intersection between informal and formal care. Informal care, often provided by family, friends, and faith communities, remains a primary means of elder support within African American culture. The thesis examines how cultural traditions, religious involvement, historical factors, and socioeconomic barriers shape caregiving practices. Schmitz highlights the importance of the extended family concept, the "village" approach, and the critical role of faith communities in providing both emotional and practical assistance. The study also addresses challenges such as limited access to formal care services, economic disparities, …