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1998

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Demystifying The Extraordinary Writ: Substantive And Procedural Requirements For The Issuance Of Mandamus., Charles W. Rocky Rhodes Jan 1998

Demystifying The Extraordinary Writ: Substantive And Procedural Requirements For The Issuance Of Mandamus., Charles W. Rocky Rhodes

St. Mary's Law Journal

In Walker v. Packer, the Texas Supreme Court attempted to harmonize Texas jurisprudence regarding the standards for issuing a writ of mandamus. The Walker court initially reiterated the maxim that mandamus will issue “only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” The Court defined “clear abuse of discretion” as “a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” The Court subsequently reaffirmed the “fundamental tenant” of mandamus practice stating the extraordinary writ is not …

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Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine Jan 1998

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine

St. Mary's Law Journal

In recent years, a growing body of scholarship has developed in the United States which applies concepts in Jewish law to unsettled, controversial and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …

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Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller Jan 1998

Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller

St. Mary's Law Journal

Supporters of victims’ rights can be broadly grouped into three categories according to their basic goals. One category seeks to guarantee participatory rights in a governmental process (“Participatory Rights”). A second category of support for the victims’ rights amendment comes from those who are animated by a pro-prosecution, anti-defendant perspective on criminal law and procedure (“Prosecutorial Benefit”). The third group supporting victims’ rights is comprised of those who demand greater protection and support for victims by the government (“Victim Protection and Aid”). The first serious attempt to amend the United States Constitution on behalf of crime victims happened in 1982. …

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Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall Jan 1998

Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall

St. Mary's Law Journal

This Perspective evaluates the contradiction created by the Texas Supreme Court in Smith v. Merritt as well as its implications on social host liability in Texas. Smith creates serious ramifications regarding alcohol consumption and liability. In Smith, the Court held a social host is not liable for providing alcohol to a guest over the age of eighteen, regardless of whether the guest is under the minimum drinking age. Specifically, this Perspective critically analyzes the court’s holding, focusing on the inequities produced by permitting a social host to provide alcohol to individuals between the ages of eighteen and twenty-one without being …

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Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk Jan 1998

Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk

St. Mary's Law Journal

In order to avert the depletion of water resources, many states have attempted to enact legislation aimed at promoting water conservation. Such legislation has been known to conflict with outdated principles of property ownership, namely the rule of capture. The rule of capture vests landowners with property rights in water located directly beneath their land. Texas categorizes water based on whether the water flows above or below the surface. Surface water is typically the property of the state, with property owners having no possessory interest in the surface water. Yet, the opposite is true for groundwater, where all rights to …

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The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …

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Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.

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Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks Jan 1998

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

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Salinity Action Plan : Wetland Vegetation Monitoring, 1997/1998, G. Ogden, R. H. Froend Jan 1998

Salinity Action Plan : Wetland Vegetation Monitoring, 1997/1998, G. Ogden, R. H. Froend

Research outputs pre 2011

This report represents the vegetation component of a project designed to provide on-going monitoring of wetland salinity and biological resources in wetlands of the agricultural zone of south-west Western Australia. Maintenance of wetland biological diversity in the agricultural zone is one of the major objectives of the Salinity Action Plan. Due to their low position in the landscape, wetlands are the habitat most affected by salinisation...

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Automated Diesel Engine Condition & Performance Monitoring & The Application Of Neural Networks To Fault Diagnosis, Christopher Lloyd Owen Jan 1998

Automated Diesel Engine Condition & Performance Monitoring & The Application Of Neural Networks To Fault Diagnosis, Christopher Lloyd Owen

School of Engineering, Computing and Mathematics Theses

The overall aim of this research was to design, configure and validate a system which was capable of on-line performance monitoring and fault diagnosis of a diesel engine. This thesis details the development and evaluation of a comprehensive engine test facility and automated engine performance monitoring package. Results of a diesel engine fault study were used to ascertain commonly occurring faults and their realistic severities are discussed. The research shows how computer simulation and rig testing can be applied to validate the effects of faults on engine performance and quantify fault severities. A substantial amount of engine test work has …

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A Bulloch Sampler, Smith Callaway Banks Jan 1998

A Bulloch Sampler, Smith Callaway Banks

Bulloch County Historical Society Publications

A collection of Bulloch County history materials presented by Smith Callaway Banks. This collection includes newspaper accounts of Creek Indian raids, a piece on the Hollingsworth Collection at Screven County Library, articles from the Statesboro News about the homesteads of the Denmarks and the Duggars, information about the community of Bengal and its post offices, and five newspaper articles about farming in Bulloch County. Also included are the obituaries of Sarah Lanier Jones and Keziah Cone DeLoach, a short biography of Isabel Lane Sorrier, a recipe for ginger-wine, three accounts from Confederate veterans, an article and signed photograph of Joe …

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Pausing And Escape On Fixed-Interval Schedules: Effects Of Stimuli Correlated With Different Reinforcer Magnitudes And Different Reinforcement Rates., Leo A. Carlin Jan 1998

Pausing And Escape On Fixed-Interval Schedules: Effects Of Stimuli Correlated With Different Reinforcer Magnitudes And Different Reinforcement Rates., Leo A. Carlin

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research has shown that both pausing and escape are controlled jointly by past and upcoming conditions of reinforcement. The present research was designed to investigate the contextual variables that influence pausing and escape on FI schedules and to assess further the functional similarities between pausing and escape. It was of particular interest that the effects of past events have been observed long after they had been removed from the environment of the organism. To shed light on the nature of control by such past events on pausing and escape, three experiments were arranged with fixed-interval schedules that manipulated stimuli correlated …

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Development Of A Systems Approach To Planning, Design And Operations Of Intermodal Passenger Transfer Facilities To Increase The Mobility And Safety Of Older Travelers., Mohammad Anwarul Karim Jan 1998

Development Of A Systems Approach To Planning, Design And Operations Of Intermodal Passenger Transfer Facilities To Increase The Mobility And Safety Of Older Travelers., Mohammad Anwarul Karim

Graduate Theses, Dissertations, and Problem Reports (ETD)

America, as a society, is aging. Currently, 13% of the population is 65 years of age or older. This percentage is expected to rise to 21% by 2030. Since older travelers frequently suffer from one or more age-related physical and/or information handling decrements, they often have problems using intermodal passenger transfer facilities. The overall goal of this study was to develop a framework which can provide an approach to identify older traveler issues associated with intermodal passenger transfer facilities and serve to guide planning and engineering improvements to intermodal passenger transfer facilities to increase the safety and mobility of older …

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A Study Of Factors Relating To The Attrition From The West Virginia University - Marshall University - West Virginia Graduate College Cooperative Doctoral Program Administered By The West Virginia Board Of Trustees., Rudy Dale Pauley Jan 1998

A Study Of Factors Relating To The Attrition From The West Virginia University - Marshall University - West Virginia Graduate College Cooperative Doctoral Program Administered By The West Virginia Board Of Trustees., Rudy Dale Pauley

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined the statistical relationship between 12 selected demographic and situational variables and the completion of the doctorate from the West Virginia University - Marshall University - West Virginia Graduate College Cooperative Doctoral Program. In order to explore this relationship, the Doctoral Student Survey was designed utilizing variables drawn from a search of the literature pertaining to attrition from doctoral programs. This survey was sent to the 226 students that were admitted to the Cooperative Doctoral Program between 1980 and the Fall of 1993. Responses were received from 62% of those surveyed. The Statistical Package for the Social Sciences …

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Antioxidation And Nf Kappa B: A Practical Consideration., Meir S. Sacks Jan 1998

Antioxidation And Nf Kappa B: A Practical Consideration., Meir S. Sacks

Graduate Theses, Dissertations, and Problem Reports (ETD)

Inhalation of silica is characterized by initial pulmonary inflammation which may lead to fibrosis. The goal of this study was to examine the relationship of the transcriptional regulatory factor nuclear factor-kappaB (NF-κB) to the early inflammatory events involved with silica exposure. Male F-344 rats received an intratacheal (i.t.) instillation of silica (100mg/kg in a volume of 1mg/kg) of saline. At 1, 3, 6 and 18 hours post-installation, the rats were sacrificed and underwent bronchoalveolar lavage (BAL) for functional analysis of inflammation. Beginning at 1 hour post-inslillation, the silica-instilled (Si) rats displayed significant increases in neutrophils in BAL fluid as compared …

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Determining The Environmental Training Needs And Training Preferences Of Tribal Officials On Reservations In The United States., Jeeta Lakhani Saxena Jan 1998

Determining The Environmental Training Needs And Training Preferences Of Tribal Officials On Reservations In The United States., Jeeta Lakhani Saxena

Graduate Theses, Dissertations, and Problem Reports (ETD)

The problem of this research was to determine the priority environmental management training needs (drinking water, wastewater, and solid waste), classroom training system preferences and related cultural factors of Native American tribal officials with environmental responsibilities living on reservations in the United States. The researcher conducted telephone interviews with 18 tribal officials on reservations in diverse geographic areas of the United States to determine their classroom training preferences. These officials also responded to a mail/fax survey comprised of 28 statements describing their environmental responsibilities in the areas of drinking water, wastewater, and solid waste. Tribal officials indicated how important the …

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Constructing Identities And Defining The Nation: Germany Since 1949., Frank Anthony Allevato Jan 1998

Constructing Identities And Defining The Nation: Germany Since 1949., Frank Anthony Allevato

Graduate Theses, Dissertations, and Problem Reports (ETD)

Not long after Germans began the historic task of dismantling the Berlin Wall in 1989, their country was again reunited after forty-five years of division. For the second time in less than a century, a majority of Europe’s Germans were brought together under the banner of a single political sovereignty. As the enlarged Federal Republic psychologically reorients and physically reconstructs itself, the event is likely to have continued European and worldwide implications. Understanding the new Germany’s internal development and its evolving self-perceptions is to conceive of the country’s role now and in the years ahead; central to understanding Germany today …

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Identification Of Content, Priority, And Methods Of Instructional Delivery For A Women's Health Component In An Internal Medicine Residency Program: A Modified Delphi Study., Alicia Jean Williams Jan 1998

Identification Of Content, Priority, And Methods Of Instructional Delivery For A Women's Health Component In An Internal Medicine Residency Program: A Modified Delphi Study., Alicia Jean Williams

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this research was to determine the general content, topics and sub-topics, priorities of the content, and methods of instructional delivery for a women's health component within the Internal Medicine residency program at West Virginia University. Panel members chosen for the study were MD's and PhD's who worked in a health-related field for at least two years and had an interest in women's health. A modified Delphi method was used for this study to determine the content. Panel members also identified their current and preferred methods of instructional delivery in a separate section of the study. The panel …

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Links Between Devolution And Changes In Curriculum Policy : A Case Study Of Year 8-10 Social Studies Curriculum In Western Australia Since 1987, Shaohua Xie Jan 1998

Links Between Devolution And Changes In Curriculum Policy : A Case Study Of Year 8-10 Social Studies Curriculum In Western Australia Since 1987, Shaohua Xie

Theses: Doctorates and Masters

This study investigates the links between devolution and Year 8-10 Society and Environment (SAE) curriculum policy in Western Australia (WA) since 1987. It explores whether changes to the structure within which SAE resides, the process through which curriculum decision making occurs, and the content of SAE are consistent with the principles and practice of devolution. An attempt is made in the study to determine whether these changes would have occurred anyway, even if devolution had not been introduced. The investigation is based on a radical humanist model of social inquiry, As such, it uses a critical theory conceptual framework to …

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An Investigation Of Family Literacy Practices Of Eight Families With Preprimary Children And A Family Literacy Program Conducted In A Low Socio-Economic Area, Jennifer A. Jayatilaka Jan 1998

An Investigation Of Family Literacy Practices Of Eight Families With Preprimary Children And A Family Literacy Program Conducted In A Low Socio-Economic Area, Jennifer A. Jayatilaka

Theses: Doctorates and Masters

Study of the research literature showed that literacy skills are socialised in young children along with their learning of oral language. This socialisation process occurs within a child's home environment long before they enter formal schooling. Family literacy has been shown to have the potential to impact powerfully on children's perceptions about literacy use through role models and support provided by various family and community members. Literacy activity is often deeply embedded in daily family practices. For some children, differences between home and school literacy practices can occur. Where this mismatch occurs for children in low socio economic homes the …

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Does The Conceptual Nature Of Worry Contribute To Its Uncontrollability? : Unravelling The Complex Interactions Of Some Of The Properties Of Worry, Jacinta M. Willans Jan 1998

Does The Conceptual Nature Of Worry Contribute To Its Uncontrollability? : Unravelling The Complex Interactions Of Some Of The Properties Of Worry, Jacinta M. Willans

Theses: Doctorates and Masters

This project aims to examine a particular property of worry that some therapists claim interferes with the treatment of clients who worry. Research has shown that worry is predominantly composed of concepts or thoughts rather than images (Borkovee & Hu, 1990). In particular this project aims to investigate whether the verbal linguistic nature of worry contributes to the sense that participants have that it is uncontrollable. Attempting to control an image results in a paradoxical effect of an increase in the frequency of the image (Wegner, Schneider, Carter & White, 1987). Does the same paradoxical effect occur when thoughts and …

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Predicting The Severity Of Radiation Skin Reactions In Women With Breast Cancer, Davina Porock Jan 1998

Predicting The Severity Of Radiation Skin Reactions In Women With Breast Cancer, Davina Porock

Theses: Doctorates and Masters

Skin reactions are unavoidable side effects of radiotherapy for breast cancer that may limit the amount of treatment a patient is able to receive. As well, the discomfort associated with the treatment may negatively affect the patient's quality of life and their willingness to complete a course of treatment that typically extends over seven weeks. Prior literature suggests that variations in patients' tissue reactions to radiation may be related to Individual patient characteristics. Before health care providers can intervene to prevent or minimise skin reactions, a clinical model that helps predict which patients will experience more skin reactions is needed. …

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Perceptions Of Elder Abuse Among Australian Elderly Individuals And General Practitioners, Marianela Cuevas Jan 1998

Perceptions Of Elder Abuse Among Australian Elderly Individuals And General Practitioners, Marianela Cuevas

Theses: Doctorates and Masters

Research available on elder abuse is limited. There continues to be a lack of uniformity in how to define and identify the problem, as well as how to intervene. One group which continues to be excluded from the process of gaining knowledge on the issue of elder abuse is the elderly themselves. As general practitioners are the primary source of health care for older people, their perspectives on elder mistreatment should be explored as well. The first objective of this study was to examine whether differences existed in the perceived severity of potentially abusive situations between three groups of older …

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Burnout In Academics : The Role Of Humour And Optimism As Stress Buffers, Natalie R. Fairclough Jan 1998

Burnout In Academics : The Role Of Humour And Optimism As Stress Buffers, Natalie R. Fairclough

Theses: Doctorates and Masters

The relationship between university lecturers' perceived stress, use of humour to cope with stress, optimism, pessimism, and burnout was investigated. Participants included 180 lecturers from a range of Perth universities and disciplines. Questionnaire packages were delivered to the participants at their universities and were later returned to the researcher by mail. A principle components analysis was first performed on the Life Orientation Test-Revised, a self-report instrument designed to measure optimism, and demonstrated support for a two-dimensional model of optimism and pessimism. A hierarchical multiple regression analysis was subsequently conducted to determine the ability of perceived stress, humour, optimism, and pessimism, …

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A Comparison Of Advanced Time Series Models For Environmental Dependent Stock Recruitment Of The Western Rock Lobster, Saarah A. Farag Jan 1998

A Comparison Of Advanced Time Series Models For Environmental Dependent Stock Recruitment Of The Western Rock Lobster, Saarah A. Farag

Theses: Doctorates and Masters

Time series models have been applied in many areas including economics, stuck recruitment and the environment. Most environmental time series involve highly correlated dependent variables, which makes it difficult to apply conventional regression analysis, Traditionally, regression analysis has been applied to the environmental dependent stock and recruitment relationships for crustacean species in Western Australian fisheries. Alternative models, such as transfer function models and state space models have the potential to provide unproved forecasts for these types of data sets. This dissertation will explore the application of regression models, transfer function models, and state space models to modelling the puerulus stage …

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Art Therapy In Mainstream Primary Schools In The United Kingdom And The United States Of America : Identifying Connections With The Australian Experience, Jan Bowdler Jan 1998

Art Therapy In Mainstream Primary Schools In The United Kingdom And The United States Of America : Identifying Connections With The Australian Experience, Jan Bowdler

Theses: Doctorates and Masters

This thesis is a case study that explores art therapy programs that are being or have been established in mainstream primary education settings in the United Kingdom, United States of America and Australia. The study includes a review of literature which relates an application of art therapy principles and practice to an education framework and the developmental and emotional needs of primary age children. The art therapy programs are examined in terms of the target population (eg. abused, rejected, disaffected, vulnerable children); the value of these programs to children in the primary school system (ie. in helping to remove students' …

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Predictability Of Everyday Task Performance By Perceived Health, Self-Efficacy And Cognitive Ability, Joan Klinger Jan 1998

Predictability Of Everyday Task Performance By Perceived Health, Self-Efficacy And Cognitive Ability, Joan Klinger

Theses: Doctorates and Masters

This exploratory research investigated the relationship between a brief neuropsychological measure and everyday functional ability in older community dwelling adults. The association between these two areas is complex, as a specific functional domain often involves several of the cognitive skills typically assessed by a neuropsychological instrument. Whilst there is an extensive literature linking neuropyschological tests to everyday functioning in cognitively impaired older adults, little research has been directed at investigating the relationship between cognitive test performance and everyday competence in non-dementing older people who reside independently in the community. A brief cognitive instrument able to predict coping deficits in instrumental …

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Early Discharge Planning : Primiparous Women's Perceptions Of Their Readiness For Going Home, Graeme N. Boardley Jan 1998

Early Discharge Planning : Primiparous Women's Perceptions Of Their Readiness For Going Home, Graeme N. Boardley

Theses: Doctorates and Masters

Early discharge for women after childbirth was introduced in Australia approximately ten years ago. Early discharge involves going home from hospital within three days of giving birth. Since its introduction, early discharge has been the subject of much debate. Previous research has argued the cost effectiveness and safety of early discharge, but little has been done to examine this phenomenon from the human aspect. An exploratory study of first time mothers, in an early discharge programme was undertaken to address how these women felt in relation to their readiness for going home. A purposive sample of twenty Caucasian, English speaking …

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Women's Perceptions Of Birth Centre Care: A Qualitative Approach, Karen Coyle Jan 1998

Women's Perceptions Of Birth Centre Care: A Qualitative Approach, Karen Coyle

Theses: Doctorates and Masters

The purpose of this exploratory study was to describe women's perceptions of the care they received in a birth centre, compared to their previous experiences in a hospital. Australian statistics indicate that five percent of childbearing women now choose to receive care in a birth centre setting. Clinical outcomes of birth centre care are now well documented, but there is limited empirical data about women's experiences of this model of care. Seventeen women, who had recently given birth in a birth centre, and had previously experienced care in a hospital setting, were interviewed about their care experiences. Using content analysis, …

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Extending The Boundaries : Portraits Of Activism In Perth, Western Australia, Alan Wilson Jan 1998

Extending The Boundaries : Portraits Of Activism In Perth, Western Australia, Alan Wilson

Theses: Doctorates and Masters

For some analysts, post-industrial capitalist societies have pathological deficiencies which manifest themselves locally and further afield, in marginalisation and oppression of people and despoliation of the environment. For those who are passionately driven to challenge those consequences of the dominant paradigm, activism is deemed to be a potent force for effecting social and political change. The aim of this study was to establish how activists integrate issues, context, strategies, personal factors and other influences into a strategy for action.

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