Digital Commons Network^™

Uptown Act: A History Of The Uniform Commercial Code: 1940-49, Allen R. Kamp

SMU Law Review

No abstract provided.

An Empirical And Normative Analysis Of The Impact Of Televised Courtroom Proceedings, Ralph E. Roberts Jr.

SMU Law Review

No abstract provided.

Civil Evidence, Elizabeth D. Whitaker, Amy K. Hunt

SMU Law Review

No abstract provided.

Clinical Design For Social Justice Imperatives, Jon C. Dubin

SMU Law Review

No abstract provided.

The Government Contractor Defense: Breaking The Boyle Barrier, Charles E. Cantú, Randy W. Young

Faculty Articles

The government contract defense, known as the Boyle defense, shields those successfully invoking it from liability for injuries caused by defective products they manufactured. The contract specification defense is afforded to both private and government contractors when they follow the directions and specifications of a third party, usually the employer.

The first element of the Boyle defense requires that the government approve reasonably precise specifications for the equipment’s design. The contractor must show that a team-like effort existed in all communications between the contractor and the government, with the government providing general specifications and approval at various stages of project …

Sense Of Duration, Lucie Noel Thune

Theses and Dissertations

The following writings contain different segments about the concept of time. To best describe certain feelings and thoughts concerning my ideas and work I have used poetry and short stories in a prosaic manner. I also felt it necessary to include some historic facts about the history of time and its measuring devices.

Wto And Un Law, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …

Harnessing The Human Genome Through Legislative Restraint, George P. Smith Ii

Scholarly Articles

The awesome predictive power of genetic medicine promises great advancements in not only the treatment of identifiable conditions but the prevention of their pathological manifestations. At the same time, the release and dissemination of this genetic or medical information poses a distinct risk of loss of privacy and stigmatization to carriers of genetic disorders. In order to safeguard the individual right of autonomy, privacy, confidentiality and informed consent-yet accommodate the legitimate interests of employers and insurers to obtain medical information relevant to their professional needs and economic responsibilities a balance must be struck legislatively at the federal and state levels …

Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman

Scholarly Articles

During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.

The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …

Patient Dumping: Implications For The Elderly, George P. Smith Ii

Scholarly Articles

Before 1986, the Common Law provided that physicians and hospitals had no duty to admit or treat persons who sought their care except in limited circumstances. Congress enacted The Emergency Medical Treatment and Active Labor Act (EMTALA) to curb this so-called patient-dumping problem. EMTALA provides, essentially, that Medicare-participating hospitals must treat all patients who arrive in emergency conditions.

This article first discusses the patient-dumping problem and how EMTALA has provoked many hospitals to curtail their emergency facilities in order to avoid treating indigent and uninsured patients. The Article then proceeds to analyze the specifics of EMTALA’s main statutory provision, Section …

A Case Study Of Four Fifth Grade Teachers And Their Perceptions Of How And Why They Teach Science, Ana K. Houseal

Dissertations and Theses @ UNI

The purpose of this qualitative study was to explore the perceptions of four 5th grade teachers and their perceptions of the influences on how and why they taught science in their classrooms. The four participating teachers who were from three school districts in Iowa were observed teaching science lessons and interviewed following the observations. The results of the study showed that the data obtained during the observations and interviews focused on three major themes. The first theme centered on the teachers' perceptions of changes in teaching elementary science. These included a move away from text-based learning with a subsequent move …

A Program Evaluation Of An Elementary Science Teacher Preparation Program, Lisa Renee Krapfl

Dissertations and Theses @ UNI

The purpose of this qualitative study was to listen to teachers who have graduated from a specialized science minor program at the University of Northern Iowa and learn what their current experiences could share with the current undergraduate program. The nine participants who were interviewed were all graduates of this program. They were chosen by the researcher out of a larger group of PEMST graduates with respect to gender, year graduated, and science specialist versus generalist teaching positions. Each semi-structured interview was transcribed to print and later analyzed for common trends in the data. The results of the study showed …

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 …

Total Quality Management And Corporate Financial Performance: An Analysis Of The Malcolm Baldridge National Quality Award Criteria, Alice Brigid Beechner

Doctoral Dissertations

"The impact of the Malcolm Baldrige National Quality Award (MBNQA) Performance Excellence Criteria on corporate financial performance is examined. Three independent studies were performed to assess this relationship. The first included Malcolm Baldrige National Quality Award (MBNQA) winners. The second study involved 69 firms identified as Total Quality Management (TQM) firms and for the final study a sample of large American corporations who completed surveys which provided an estimate of the score the companies would have received on a MBNQA assessment were examined. The method for assessing the financial strength for all three studies was the metric Market Value Added …

Front Matter

Language Arts Journal of Michigan

No abstract provided.

Growing Toward Best Practice, Jennifer Ochoa

Language Arts Journal of Michigan

No abstract provided.

Moving Student Interests To The Center Of The Curriculum, Diana Mitchell

Language Arts Journal of Michigan

No abstract provided.

Reflecting On Best Practice, Mary Dekker

Language Arts Journal of Michigan

No abstract provided.

Emulating Edgar, Elmer, And Ernest: Using Students' Writing To Define Style, Leah A. Zuidema

Language Arts Journal of Michigan

No abstract provided.

Finding Reasons To Publish Student Writers, Scott Sheedlo

Language Arts Journal of Michigan

No abstract provided.

Explorations In Teaching: Creating An Effective Interdisplinary Experience, Diana M. Smith

Language Arts Journal of Michigan

No abstract provided.

Advertising Across The Curriculum, Tabatha Otto

Language Arts Journal of Michigan

No abstract provided.

A Questioning Of Choices: Teaching Revision, Dee Cassidy

Language Arts Journal of Michigan

No abstract provided.

Connecting Narratives: Students' Lives And High School Literature, Dirk Brines

Language Arts Journal of Michigan

No abstract provided.

Books For The Younger Reader, Diana Mitchell

Language Arts Journal of Michigan

No abstract provided.

Prospective Memory And Age-Related Impairment, Barry Robert Ardolf

Dissertations and Theses @ UNI

Research on age-related changes in prospective memory has yielded mixed research results. Some research has shown no age-related impairments, while other research has shown age-related impairments. The present study investigated variables affecting these different findings in prospective memory research. Subjects between the ages of 18-92 were asked to identify pictures presented to them. The prospective memory task required subjects to identify individuals wearing glasses and to indicate this by circling the number on their answer sheet corresponding to the picture being presented. Order of instructions presented to subjects was also manipulated. Half of the subjects received the prospective memory instructions …

Relationship Between Television Viewing And Physical Activity Levels Among College Students, Sarah Joan Brummer

Dissertations and Theses @ UNI

The purpose of this study was to examine the relationship between leisure time physical activity levels and time spent viewing television (including video or computer game play) among college students. Sub-problems included the physical activity profiles of males compared to females and the association between self-reported intensity of physical activity and time spent viewing television. The present study utilized a nonexperimental research design. Specifically, survey methodology using a self-report questionnaire was used as the means of data collection. The self-report questionnaire was designed to measure demographic characteristics, leisure time television viewing, and physical activity behaviors. A total of 789 students …

Comparison Of Litter Decomposition Rates And Soil Arthropod Abundance In Different Stages Of Prairie Reconstruction, Lisa M. Busch

Dissertations and Theses @ UNI

The abundance of soil microarthropods and of corresponding decomposition rates in native prairie remnants and reconstructed prairies at Walnut Creek National Wildlife Refuge were investigated. Soil microarthropods were collected with litter bags and extracted using modified Berlese-Tullgren funnels for the months of June through October of 1997. Litter decomposition rates were found to be lowest in reconstructed prairies and highest in native prairie remnants. Microarthropod abundance, however, appeared to be inversely correlated with decomposition rates. It appears that native prairie remnants are more productive than reconstructed prairies due to higher decomposition rates. However, the prairies that have been reconstructed for …

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.

The Social History Of A Moral Vision : A Qualitative Study Of The Ulster Project In Decorah, Iowa, Mark Murray Mccrory

Dissertations and Theses @ UNI

The purpose of this qualitative study was to explore the beliefs, feelings, and experiences of 10 people involved with the Ulster Project in Decorah, Iowa. In addition, the study sought to assess the merits and consequences of the Project and to evaluate the validity of the contact hypothesis. The Ulster Project is a non-profit organization, which sponsors an ecumenical summer visit of Northern Irish youth to the United States. By exposing its visitors to people of the opposite religion, the Project's long range goal is to heal the many scars which have been built up through years of violence and …