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In Willful Disregard Of The Employment Security Act: Culpability And The Determination Of Disqualifying Misconduct By The Courts, James Levy

Seattle University Law Review

This Comment argues that the most appropriate test for applying the statutory definition of misconduct an objective test based on knowing disregard of the employer's interests by the employee, rather than any current interpretation of the definition by the courts of Washington. In Section One of this Comment, the policies behind the Employment Security Act and the ramifications of different culpability elements are discussed. Section Two details the different tests for misconduct generated by the courts. Part A of Section Two discusses the common law tests and their culpability elements prior to the 1993 statutory definition of misconduct. Part B …

Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson

Seattle University Law Review

This Survey, as did the previous Surveys, summarizes the predominant treatment of search and seizure issues under the Fourth Amendment and under article I, section 7 of the Washington State Constitution to the extent that this state's provision is interpreted differently from the federal provision. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues.

The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue

Articles

Cigarette smoking causes over 420,000 deaths annually in the United States, roughly twenty percent of all U.S. deaths, making cigarettes the single greatest preventable cause of death in this country. Indeed, tobacco kills more people every year than alcohol, illicit drugs, automobile accidents, violent crime, and AIDS combined. And not only are cigarettes deadly to smokers; they kill nonsmokers as well. According to a recent report from the Environmental Protection Agency (EPA), the "sidestream" or "passive" smoke from cigarettes - so-called environmental tobacco smoke (ETS) - is responsible annually for approximately 3000 lung cancer deaths, between 150,000 and 300,000 lower …

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

Articles

The first criticism is that the proposed resolution would not require manufacturers and, in tum, consumers to pay anything approaching the true total costs of cigarettes, costs that we estimate to be at least $7 per pack, a number that is considerably higher than other estimates that have been reported in the media. Our estimate includes some, but not all, of the costs borne ultimately by smokers themselves, by smokers' insurers, and by individuals injured by second-hand smoke. It includes only future costs and excludes many of those. So, for example, the figure includes neither the health-care costs that have …

Backlog 1998, Lipscomb University

Backlogs and Other Yearbooks

The 1998 Lipscomb University Backlog yearbook.

Fables Of The Deconstruction: The Practical Failures Of Gay And Lesbian Theory In The Realm Of Employment Discrimination, Theodore A. Schroeder

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Presumption Of Guilt And Compulsory Hiv Testing Of Accused Sex Offenders: A Case Study Of State Ex Rel. J.G., N.S., And J.T., Justin Amaechi Okezie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Testing The Naalc's Dispute Resolution System: A Case Study, John P. Isa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Emerging Statutory And Constitutional Tools For States To Resist Federal Environmental Regulation, Michael B. Gerrard

Faculty Scholarship

This is a time of high tensions between the federal government and the states over environmental regulation. The flashpoints include actions by the U.S. Environmental Protection Agency (EPA) against states that enact laws shielding environmental audit reports from discovery; the withdrawal of several states from certain regulatory reform programs and delegated programs; and EPA accusations that some states are ignoring many violations of the pollution control laws, and loud denials by state representatives.

The Supremacy Clause of the U.S. Constitution and the complex of federal environmental statutes enacted in the 1970s and 1980s still give Washington the upper hand in …

Frontal Lobe Dysfunction In Non-Clinical Compulsive Checkers, Christopher J. Boys

Dissertations and Theses @ UNI

Recent studies suggest deficits in set-shifting ability, as assessed by tasks such as the Wisconsin Card Sorting Test (WCST), in patients with obsessive-compulsive disorder (OCD). The present study examined the extent to which these deficits were demonstrated by nonclinical "checkers" selected on the basis of scores on the Maudsley Obsessional Compulsive Inventory. A modified version of the WCST was used, the Milwaukee Card Sorting Test (MCST), in order to determine whether the deficits in set-shifting ability are due to a complete lack of switching or to a dysregulation in switching. In the latter case, the individual illustrates correct set shifting …

Psychosocial And Sociocultural Factors Associated With Cross-Cultural Adaptability, Pamela Plunk Kerouac

UNF Graduate Theses and Dissertations

This survey study examined a set of psychosocial and sociocultural variables to determine if there were any significant group differences in responses to an instrument that measured crosscultural adaptability among urban high school teachers. A goal of this study was to evaluate the effects of sociocultural experience and the perceived coping efficacy measures of cross-cultural adaptability. This study sought insight into the relationship between teachers' previous experiences and their perceived instructional and cross-cultural efficacy. Using a survey research design that included a Personal Data Questionnaire and an instrument developed by Kelley and Meyers ( 1992), the Cross-Cultural Adaptability Inventory (CCAI), …

The Effect Of Stride Angle On Ball Velocity And Stride Length In Softball Pitching, Jeanna Marie Foster

Dissertations and Theses @ UNI

The purpose of this study was to determine differences in stride length and ball velocity which occur as a result of changes in the stride angle in the underarm fastball pitch. All subjects were female collegiate level softball pitchers who pitched windmill style. Each pitcher's preferred stride angle, stride length, and ball velocity were recorded. Stride lengths and ball velocities for predetermined stride angles were then recorded. An artificial environment was designed with a grid marked to measure stride length and stride angle. A radar gun was used to measure ball velocity. A repeated measures ANOVA was used to calculate …

An Investigation Of Women’S Motivational Factors To Run A Marathon, Michelle Roland

Dissertations and Theses @ UNI

The purpose of this study was to begin to understand what motivates women to participate in marathons. Twenty-seven Caucasian women enrolled in the "Seminar in Fitness and Mental Health" at a Midwest university answered the questionnaire (Motivations of Marathoners Scale Questionnaire). After participants completed the questionnaire a focus group interview was conducted with six participants. The Motivations of Marathoners Questionnaire was used to identify the participants' motives to run a marathon. The questionnaire contained 56 items distributed across nine scales. The scales included the following areas: health orientation, weight concern, self-esteem, life meaning, psychological coping, affiliation, recognition, competition, and personal …

Expansion Of Epidemic Dengue Viral Infections To Pakistan, R E. Paul, A Y. Patel, S Mirza, S P. Fisher-Hoch, S P. Luby

Community Health Sciences

Objectives: Antibodies to dengue viruses have occasionally been reported in individuals in Pakistan, but the frequency of occurrence of dengue infection in Pakistan is unclear. The first confirmed dengue hemorrhagic fever outbreak in Pakistan occurred in 1994. In October 1995, the authors investigated an outbreak of a febrile illness among employees of a construction contractor at a power generation plant in Baluchistan, Pakistan, to determine the cause of illness and recommend appropriate preventive measures.Methods: The work site and living arrangements were inspected, a questionnaire was administered, and serum samples were collected from all consenting contractor employees and their families if …

Relationship Between Self-Esteem, Eating Behaviors, And Eating Attitudes Among Female Collegiate Swimmers, Melissa Ann Fey

Dissertations and Theses @ UNI

The purpose of this study was to investigate the association between self-esteem and eating behaviors/attitudes among female collegiate swimmers. Specifically, the relationship between self-esteem as measured by the Rosenburg Self-Esteem Scale (1965) and eating behaviors/attitudes as measured by the Eating Attitudes Test (EAT-26) (Gamer, Olmstead. Bohr. & Garfinkle. 1982) was determined for a purposive sample of female collegiate swimmers at the University of Northern Iowa. A total of 24 subjects completed self-report measures on self-esteem and eating behaviors/attitudes. Subjects' Body Mass Index was also assessed. Pearson product-moment correlation was used to examine the relationship among the scores on the Rosenburg …

The Relationship Between The Intensity And Duration Of Extracurricular Activities And Teenage Pregnancy, Rhonda L. Drilling

Dissertations and Theses @ UNI

Extensive research has been done in the area of adolescent pregnancy prevention. One possible means of prevention that has not been adequately explored is involvement in extracurricular school activities. The purpose of this study was to determine if a relationship existed between the intensity and duration of participation in extracurricular school activities and the incidence of teenage pregnancy. In the study, 200 female high school students who had never been pregnant and 36 females who had become pregnant as teenagers were surveyed. All females were from Fayette County, Iowa. A 33-item questionnaire was used to survey the two groups regarding …

An Evaluation Of The Responses Of Clinical And Non-Clinical Boys On The Social Skills Inventory For Youth, Rachel Frederickson

Dissertations and Theses @ UNI

The purpose of this study was to evaluate the responses of adolescent boys on a newly developed measure, the Social Skills Inventory for Youth. Participants were recruited from two residential institutions, an outpatient clinic, a laboratory school associated with a medium-sized university, and two middle schools all located in the Midwest. Participants ranged in age from 11 to 17 years. A multivariate analysis of variance (MANOVA) was conducted to determine if there were differences between boys diagnosed with AD/HD and appropriate nonclinical controls. Results showed a significant effect for group. However, only one subscale was found useful in differentiating between …

The Policy And Politics Of Charter Making: The Story Of New York City's 1989 Charter, Frederick A.O. Schwarz Jr., Eric Lane

Hofstra Law Faculty Scholarship

On November 7, 1989, the voters of the City of New York approved, by a vote of fifty-five percent to forty-five percent, the broadest and most radical changes to their Charter since 1901. These changes abolished the City's historic Board of Estimate, while preserving a borough voice in government, expanding and increasing the powers of the City Council, retooling almost all of the City's significant decision-making processes, and adding a myriad of other changes. These changes were the product of a revision process that started in mid-1987 with the first hearings of an initial Charter revision commission, and moved to …

Essential Speech: Why Corporate Speech Is Not Free, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

In a democracy, the citizens are the only legitimate sources of law. It follows inexorably that corporations, not being citizens, cannot be legitimate political actors.

The problem of corporate speech is further complicated by the internal rules of corporate governance. When corporations "speak," they do so by decision of their managers, who are constrained by fiduciary duties and economic pressure of the stock market to advocate for a single value: maximum profit for shares. In a multifaceted culture of manifold and various values, it is inevitable that the pursuit of profit, valuable as it is, will conflict with other important …

Selling Death Short: The Regulatory And Policy Implications Of Viatical Settlements, Miriam R. Albert

Hofstra Law Faculty Scholarship

In the late 1990’s, the escalation of AIDS into a national crisis has devastated its victims' health as well as their finances. This crisis generated the need for innovations both in medical approaches to the treatment of AIDS and HIV, and in financial options available to help patients finance their medical and other living expenses. One response of the financial community has been the creation of vehicles to provide terminally-ill policyholders with early access to the death benefits under their life insurance policies, which would otherwise be unavailable to them during their lives.

The article explores the creation and growth …

Physician Assisted Suicide, Leon Friedman

Hofstra Law Faculty Scholarship

As we all know and will recall, the Supreme Court decided to hear two cases precisely dealing with a narrow issue, namely,doctor assisted suicides. Ironically, the two cases are what law professors dream about encountering in practice, because one case involves substantive due process, the case out of Washington, and the other case raises the issue of equal protection. In any event, what you have to do, and as the court did for us here, is go through very detailed descriptions of these two different doctrines. However, it is not easy to distinguish between substantive due process and equal protection. …

Our Constitutionalized Adversary System, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In recent years, attacks upon the adversary system have been unprecedented in their breadth and intensity, and at times have been "scathing [and] venomous." For example, at a conference of twenty-five of the country's "professional elite" (most of them lawyers and judges) the adversary system was "thoroughly savaged." Efforts by the conferees to produce an acceptable alternative to the adversary system ended unsuccessfully on a "note of resignation.

It is not coincidental that these attacks on the adversary system have taken place in the context of critical analyses of lawyers' ethics. Critics concerned with the negative aspects of zealous, client- …

Keeping The Wto From Becoming The "World Trans-Science Organization": Scientific Uncertainty, Science Policy, And Factfinding In The Growth Hormones Dispute, Vern R. Walker

Hofstra Law Faculty Scholarship

In Part I of the Article, I analyze the relevant provisions of the SPS Agreement. In that context, I examine the distinction between risk assessment and risk management, as well as the concepts of scientific uncertainty and science policy. Part II sets forth my proposal for how the WTO should review the sanitary measures established by members. The focus of attention is the fact-finding process in dispute settlement proceedings and, in particular, the substantive issues that should come before a panel, the evidence that a panel should consider, and the proper standard and burdens of proof. Finally, in Part III, …

Bioremediation Of Soil Contaminated With Explosives, Catherine A. Axtell

Dissertations and Theses @ UNI

Bioremediation of contaminated soil and water has been the topic of considerable research interest. White rot fungi have recently been proposed for use in biodegradation of explosives. The explosives, TNT, RDX and HMX are integral components of the manufacture of munitions. The wastes from the production of these and other explosives have been discharged into the surrounding environment resulting in contamination. Phanerochaete chrysosporium and strain F600, a proprietary white rot fungus developed by Mycotech Corporation, were studied with regard to their ability to degrade TNT, HMX and RDX in liquid cultures and in soil. Laboratory studies demonstrated that P. chrysosporium …

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …

Parental Conflict Prevention Programs And The Unified Family Court: A Public Health Perspective, Andrew Schepard

Hofstra Law Faculty Scholarship

The thesis of this article is that every unified family court should develop a prevention plan to help parents reduce conflict arising out of divorce and separation. A coherent prevention strategy should become a fundamental criteria for distinguishing high-quality family courts from those that do not serve their publics as well. Models of useful pro-grams already exist and can be incorporated into a court's prevention plan. Judges, legislators, lawyers, mental health professionals, and child advocates should insist that they are.

Section Two of this article describes the problems facing courts, parents, and children resulting from divorce and separation in terms …

Explanatory Model Of Sexual Risk Behavior And Sexually Transmitted Disease Prevalence In Incarcerated African-American Male Youth., Robert Paul Pack

All ETDs from UAB

No abstract provided.

Analysis And Characterization Of The Metabolic And Morphologic Responses To Uniaxial Deformation Of Osteoblasts Cultured On Ti-6al-4v., Deborah F. Rigsby

All ETDs from UAB

No abstract provided.

Differences Between Critical Care Cardiovascular Nurse Experts And Novices In Diagnostic Cue Utilization., Rosalyn Ruth Reischman

All ETDs from UAB

No abstract provided.