Digital Commons Network^™

The Competing Doctrines Of Privacy And Free Speech Take Center Stage After Princess Diana's Death, Maria Sgurea

NYLS Journal of Human Rights

No abstract provided.

Appeal From A Final Judgment Of The United States District Court For The Eastern District Of New York (Gleeson, J.), Granting Defendants' Motion For Summary Judgment And Dismissing Plaintiffs' Claims Under The United States Housing Act And The Fair Housing Act, Steel Bellman Ritz & Clark, P.C, Rivkin, Radler, & Kremer, The National Fair Housing Alliance, Inc., Advocacy, Inc., The American Counseling Association, The Arc, The Bazelon Center For Mental Health Law, The California Alliance For The Mentally Ill, The Center For Public Representation, And The Disability Rights Education And Defense Fund, Inc.

Other Cases

No abstract provided.

Safety Issues And Iowa Science Teachers, Jack A. Gerlovich, Ed Wilson, Rahul Parsa

Journal of the Iowa Academy of Science: JIAS

The National Science Education Standards are providing an excellent blue print for improving science teaching for all students. However, the Standards are placing serious demands on teachers attempts to make science activities inquiry-based, real-life, open-ended, and directly applicable to today's students. This situation is further aggravated when teachers do not know essential science safety information from both federal and state governing agencies, as well as professional organizations. With proper training and tools, however, this problem can be positively addressed.

Neutrality As Advocacy: The Argumentative Dynamics In A State-Sponsored, "Neutral," Educational Abortion Video, Catherine Helen Palczewski

Iowa Journal of Communication

The abortion controversy in the United States seems to be one of those enduring areas of public argument that both confound and intrigue the argument scholar. As the nature of the debate has shifted across time (see Condit 1990; Condit Railsback, 1984), so too have the sites of contest. While two apparently diametrically opposed groups have long dominated the abortion controversy (those favoring "choice" and those favoring "life"), areas for agreement seem to be opening up. While the elevation of the two ideographs of life and choice has truncated debate so that the ultimate question has been whether women's choice …

Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert

Reviews

Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …

Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly

Michigan Journal of Gender & Law

This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.

Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young

Michigan Journal of Gender & Law

While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …

A Critique Of The Proposed Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue

Law Quadrangle (formerly Law Quad Notes)

The following essay is adapted from testimony presented to the Senate Democratic Task Force on Tobacco in Washington, D.C., on Oct. 9 1997, which in turn is based on the authors' forthcoming article, "The Costs of Cigarettes: The Economic Case for Ex Post Incentive-based Regulation," 107 Yale Law Journal (March 1998)

If the goal of cigarette regulation is either to reduce substantially the public health problem created by cigarette smoking or to allocate the costs of smoking more equitably, there are significantly better alternatives to the regulatory regime than would be created by the state attorneys general's Proposed Tobacco Resolution. …

Upstream Patents = Downstream Bottlenecks, Michael A. Heller, Rebecca S. Eisenberg

Law Quadrangle (formerly Law Quad Notes)

The following text is excerpted from "Can Patents Deter Innovation? The Anticommons in Biomedical Research" and is reprinted with permission from 280 Science 698-701 (May 1998). © 1998 American Association for the Advancement of Science.

Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse …

The University Of Michigan Law School Scholarships 1998, University Of Michigan Law School

Miscellaneous Law School History & Publications

The presence of talented and diverse students helps make the University of Michigan Law School a dynamic academic environment. The School is fortunate to have more than one hundred endowed scholarship funds - attracting the brightest students regardless of their ability to meet the high costs of legal education. Endowed scholarship funds have a profound impact on the School and the lives of its students.

The Law School is delighted to recognize those donors whose generous support makes such scholarships possible. We are grateful to our graduates and friends whose vital interest in the School has promoted them to invest …

Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon

Articles

No abstract provided.

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.

Collaborative Conversations For Change: A Solutionfocused Approach To Family Centered Practice, Donald F. Fausel

Journal of Family Strengths

The renewed interest in Family Centered Practice, prompted by the funding of Family Preservation and Support Programs, has created a need for training practitioners at a number of different levels and for a variety of roles. This paper will describe a training program for Family Centered Practice. Building on an empowerment model, the author presents an approach for working with families and children that views the tragedies of the past as resources, rather than the major cause of present problems. Collaborative Conversations for Change adapts the solution-focused therapy model to nontherapy roles that are required for a program to be …

Advanced Legal Studies, University Of Michigan Law School

Miscellaneous Law School History & Publications

The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.

Development Of A Middle-Range Theory Of Caregiver Stress From The Roy Adaptation Model, Pao-Feng Tsai

Wayne State University Dissertations

A theory of caregiver stress derived from Roy Adaptation Model was developed to examine the relationships among stimuli, coping mechanism and adaptive modes. The theory hypothesized that objective burden in caregiving would be the most important stimulus that leaded to perceived caregiver stress. Higher perceived caregiver stress would result in ineffective responses (poor health function, lower self-esteem/mastery, role enjoyment, and marital satisfaction, and less ability to reciprocate). These adaptive modes should be interrelated. In addition, this study also examined the role of depression and the function of contextual stimuli in the model. However, statistical analysis did not support the initial …

The Reality Of Work-Related Stress: An Analysis Of How Mental Disability Claims Should Be Handled Under The North Carolina Workers' Compensation Act, Amy S. Berry

Campbell Law Review

No abstract provided.

The Biblical Basis For Relational Networking Among Autonomous Churches, Paul G. Thyren

Journal of the American Society for Church Growth

Building networks of partnerships for effective ministry in the 21st Century is often discussed within the context of denominations. Dr. Paul Thyren focuses our attention on independent churches and how they can build relational networks in the years to come. This article focuses on the biblical basis for relational networking.

Literacies Without Judgment: Composing A (Con)Text For Cultural Healing In Northeast Brazil, Francisco Silva Cavalcante Jr.

Doctoral Dissertations

In this study the researcher describes and interprets the experiences with Projeto (Con)texto, a research group created in Northeast Brazil composed of eleven people with different levels of formal schooling, social classes and ages varying from 14 to 50 years old. The researcher explores the dynamics of the Brazilian relational universe and its impact on people's lives, the multiple forms of letramento (literacies) used by people in a certain cultural context to construe and convey meaning, and the process of strengthening of one's self to deal with cultural conflicts through cultural healing.

The researcher gathered descriptive data during one year …

Transactional Bond In The Novels Of Charles Brockden Brown, Gretchen Elspeth Digeronimo

Doctoral Dissertations

The six novels and various other fiction pieces Charles Brockden Brown wrote between 1799 and 1801 coherently demonstrate the operation and effect of literary and artistic representation in early Republican America.

In original close readings of Arthur Mervyn, Edgar Huntly, Ormond, and several other works, this dissertation identifies transactional bond and describes how Brown charted the establishment of the public and private individual self through transactional bond in three specific arenas: relationships between the developing self and written, visual, or reported representation; relationships between master/mentors and apprentices; relationships among women.

Bonds that begin, operate, and dissolve between male characters are …

Alternative Removal Methodologies For Environmental Waters, Shannon Patrick Hogan

Doctoral Dissertations

The Environmental Protection Agency (EPA) continues to establish criteria for the reduction of pathogens in environmental waters used for drinking water. The EPA also states criteria on the amount of chlorine by-products allowed in drinking water. Alternative removal methods that are used in conjunction with chlorine are needed to assure safe drinking water.

The Surface Water Treatment Rule (SWTR) states that a 99.99% reduction of viruses and a 99.9% reduction in Giardia lamblia cysts needs to be achieved by a treatment facility that uses surface water for the production of drinking water. The SWTR also states Maximum Contaminant Levels (MCL) …

In The Name Of The Father: The Continuity And Paradox Of Puritan Theology And Pastoral Authority, Patricia J. Hill-Zeigler

Doctoral Dissertations

American scholars have long been interested in the intellectual and social impact of the eighteenth-century religious revival, the Great Awakening. This dissertation uses a colonial family as a case study of the significance of this major colonial event. It traces and compares the intellectual and theological development of Michael Wigglesworth, and his two sons, Samuel and Edward. The Wigglesworth family represents both the foundation of Puritan thought in the seventeenth century and the transformation of that thought in the eighteenth century. Michael Wigglesworth (1631-1705), a tutor and Fellow at Harvard College and pastor of the church in Malden, Massachusetts, was …

Factors That Influence The Decision Regarding Hormone Replacement Therapy In Postmenopausal Women, Ruth A Rogers Reilly

Doctoral Dissertations

Cardiovascular disease is the leading cause of death in women in the United States today. Prior to menopause women have lower rates of heart disease than men; however, after menopause a woman's risk for heart disease rises dramatically. This is thought to be due the ovaries' decreased production of estradiol, but the mechanisms for this effect have not been fully elucidated. The need exists to investigate the impact of healthy lifestyles on attenuating the risk of cardiovascular disease in women as they age.

The majority of research on hormone replacement therapy (HRT) has focused on the biomedical model suggesting that …

Reconceptualizing Early Childhood Preservice Teacher Education: A Pedagogy Of Collaborative Inquiry, Mary Jane Moran

Doctoral Dissertations

This study describes changes in thinking and practice among 24 early childhood preservice teachers as they move away from a reliance on traditional interpretations of child-centered curricula and developmentally appropriate practices toward one of collaborative inquiry. Participants enrolled in a 15 week undergraduate teaching methods course were assigned to teaching teams to implement collaborative projects with the same group of three to five year-old children.

Traditionally, early childhood teacher education has been influenced by developmental theory which emphasizes processes of children's learning. And yet, teachers typically learn to teach from a transmission orientation with perspectives provided by experts rather than …

Bioavailability Of Nutrients And Metals Following Land Application Of Organic Wastes, Jianqiang Zhao

Doctoral Dissertations

Field, greenhouse and laboratory studies were conducted to investigate the effects of soil-incorporated organic wastes on nitrogen release patterns, groundwater nitrate-nitrogen levels, nutrient/metal uptake, and plant yield.

Three field studies with corn (Zea mays L.) were conducted during 1993 to 1997 at three locations in New Hampshire using a randomized complete block design with three or four replications, two or three waste materials as main plots, and various application rates as subplots. Compared to dairy manure, Concord biosolids showed a slower release rate measured as soil NO$\sb3$-N concentrations in early season but higher post-harvest levels of soil NO$\sb3$-N.

Groundwater NO$\sb3$-N …

Examining Student Conceptions Of The Nature Of Science From Two Project-Based Classrooms, David M. Moss

Doctoral Dissertations

The purpose of this research was to develop descriptive accounts of precollege students' conceptions of the nature of science from two project-based classrooms, and track those conceptions over the course of an academic year. A model of the nature of science was developed and served as the criterion by which students' beliefs were evaluated. The model distinguishes between two major categories of science, the nature of the scientific enterprise and the nature of scientific knowledge. Five students were selected from each class and interviewed individually for 30-45 minutes each, six times over the year. Data from semi-structured, formal interviewing consisted …

Character Prominence And Perspective In Narrative Comprehension, Jennifer G. Halleran

Doctoral Dissertations

Current theories of narrative comprehension assume that readers attend to information about the protagonist, including his/her goals, location, and emotions. However, such a Limited view of narrative comprehension does not adequately address the complexity of text. Typically, the reader is exposed to an array of important secondary characters and their relations to the protagonist(s) in narratives. Also included in this story dynamic may be the beliefs or opinions of the secondary character(s) regarding the protagonist.

Three experiments were conducted to examine the effects of character prominence and perspective on reading comprehension for narratives. The prominence distinction between two characters, a …

Attachment Of Listeria Monocytogenes To Murine And Human Phagocytic Cells, Srinivas Maganti

Doctoral Dissertations

Listeria monocytogenes is a facultative intracellular pathogen responsible for meningoencephalitis, septicemia, and abortion in susceptible and immunocompromised individuals. Subsequent to colonization and penetration of the gut epithelium, the organism attaches to resident macrophages and replicates intracellularly, thus evading the humoral immune system of the infected host. The mechanism surrounding the precise interactions between L. monocytogenes and macrophages employs bacterial ligands and macrophage receptors which are highly complex and not well understood. The focus of the present study was to investigate the attachment of the organism to murine and human macrophages under opsonin-dependent and opsonin-independent conditions to better understand the pathobiology …

Non-Major Histocompatibility (B) Complex Effects On Rous Sarcomas And V-Src-Induced Tumors, Keith Thomas Lepage

Doctoral Dissertations

Rous sarcoma virus and v-src-induced tumor outcome is controlled by the major histocompatibility (B) complex. While data have suggested non-MHC effects, few studies have focused on systems other than the B complex. Experiment one matings produced $B\sp2B\sp5$ and $B\sp5B\sp5$ progeny which segregated for alleles of 7 additional blood groups (A, C, D, H, I, L, P) and the Rfp-Y system. Experiment one survivors produced Experiment two progeny. The $B\sp5B\sp5$ parents for Experiment three combined different background genes with a tumor progressor B haplotype using the F$\sb2$ generation of a cross between Line SC ($B\sp2B\sp2$) and Line 6.15-5 ($B\sp5B\sp5$).

The Bryan …

Turning To Earth: Paths To An Ecological Practice, Florence Marina Schauffler

Doctoral Dissertations

In highly developed countries like the United States, conventional approaches to environmental change emphasize systemic measures such as policies and regulations. Yet many intractable environmental problems appear to be rooted in the perspectives and practices of individual citizens. Efforts to restore 'outer ecology' may depend, therefore, on transforming 'inner ecology'--the constellation of spiritual and moral values that guide action. This dissertation examines the inner dimensions of ecological change, demonstrating how individuals redefine their relation to earth through a process of 'ecological conversion.'.

In assessing the dynamics of conversion, this work relies primarily on the testimony of six 20th-century American writers: …

The Sexual Harassment Paradox In Graduate School: Experiences And Answers, Kimberly Ann Smirles

Doctoral Dissertations

Sexual harassment is a pervasive problem in higher education (Truax, 1996). Graduate students occupy a unique power position in academia as both students and teachers. As such, they are potentially victims and perpetrators of sexual harassment. The purpose of the current research was to (a) understand the dynamics of sexual harassment by examining the experiences and perceptions of graduate students and (b) assess whether a commonly utilized education program was effective in raising awareness and changing the attitudes of graduate students. Graduate students from both the University of New Hampshire (Study 1) and around the country (Study 2) were asked …