Digital Commons Network^™

A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley

Campbell Law Review

This Comment begins with an overview of the Employee Retirement Income Security Act (ERISA) and the preemption clause found therein. Section III explains the distinction between quality and quantity of care, the test many courts have relied on to determine whether ERISA preempts a medical malpractice claim. Section IV examines state common law theories of liability which are asserted against managed care organizations, specifically claims of direct and vicarious liability. Section V addresses the HMO's role in medical decision making, and Section VI describes recent legislation regarding ERISA and HMO liability. This Comment contends that the more active role an …

Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias

Campbell Law Review

This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …

King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells

Campbell Law Review

This note will examine the decision in King and analyze the facts of this case under the correct interpretation of Lucas. Part II of this note will present the facts and procedural history of King. Part III will demonstrate that the Lucas rule, as applied in King was erroneous, and will analyze the facts of King under the correct interpretation of Lucas.

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.

A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver

Campbell Law Review

This comment seeks to explain the incorrigible by returning to the basics. Starting and ending at the Constitution and a notion of what it means to be represented, this comment traces the development of redistricting jurisprudence from the Fourteenth and Fifteenth Amendments through the Voting Rights Act and finally to the Supreme Court. Most notably, this comment focuses on the effects of the redistricting quagmire on the state ofNorth Carolina throughout the 1990's as an exemplar of a reapportionment process attempting to pander to the political proclivities of both the Department of Justice and the Judicial branch.

The Clinton Chronicle: Diary Of A Political Psychologist, Aubrey Immelman

Psychology Faculty Publications

Chronicle, from the perspective of political psychology, of events and controversies in the impeachment saga of President Bill Clinton, from the president’s August 17, 1998 testimony before the grand jury in the Starr investigation to his acquittal on February 12, 1999.

Can Patents Deter Innovation? The Anticommons In Biomedical Research, Michael Heller, Rebecca S. Eisenberg

Faculty Scholarship

The "tragedy of the commons" metaphor helps explain why people overuse shared resources. However, the recent proliferation of intellectual property rights in biomedical research suggests a different tragedy, an "anticommons" in which people underuse scarce resources because too many owners can block each other. Privatization of biomedical research must be more carefully deployed to sustain both upstream research and downstream product development. Otherwise, more intellectual property rights may lead paradoxically to fewer useful products for improving human health.

Economic Navigation In A Period Of Great Uncertainty, Murray L. Weidenbaum

Murray Weidenbaum Publications

1997 was a very good year economically, but 1998 is expected to bring a lower growth rate and a slowdown across a number of industries. But rather than a period of doom-and-gloom, 1998 will in fact be best defined as a time of economic uncertainty. In light of this, this paper attempts to provide an economic outlook for the year ahead by answering three key questions: first, how will the East Asian financial deterioration affect us? Second, will politicians try to spend the projected federal surplus before it materializes? Lastly, will the Federal Reserve continue to stay on the policy …

Faculty Publications 1997, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 767 publications.

Electronic Job Searching : Suggestions For Educators, Jan Andreesen

Graduate Research Papers

The Internet offers an abundance of resources and information to the job seeker. Because of this great wealth of data, it is important educators are able to assist students in developing a path to take when utilizing the Internet as a job searching tool. When job searching using the Internet, students can go online to determine their interests, research various careers, research various companies, and research general and specific job listings using online job boards and online newspaper classifieds. The Internet also offers information on the various resume formats needed by today's job seeker. These resume formats include those that …

Looking At Children Looking At Art : Teacher Response To Aesthetic Journals In Art, Julie A. Alden

Graduate Research Papers

Although recent trends in art education emphasize a discipline based approach to instruction, the elementary art experience often focuses on the process components of art production, overlooking other significant areas of study (Adams, 1992; Garoian, 1988; Hickman, 1994 ). One way in which educators can help make art experiences more meaningful to students is to use response journals for viewing artwork. Educators have established the use of response journals as a worthy practice by providing students with opportunities to develop greater understanding of content material and by providing teachers with valuable insight into students thinking through shared dialogue (Hall, Crawford …

Androgogy And K-12 Technology Staff Development : Towards Effective Practice, Craig Barnum

Graduate Research Papers

Many K-12 technology staff development programs are based upon pedagogical models. Adult learners require a different set of design and facilitation skills referred to as andragogy. The primary goal of adult education in any arena is to produce independent life long learners. This is particularly valuable in the ever changing realm of technology. To engage this task Knowles and Brookfield each identify six guiding principles that construct a framework for designers and facilitators of adult education programs to follow. The process of meaningfully integrating technology into the schools requires substantial change to current instructional methods. K-12 technology staff development designers …

Inclusion Of An Autistic Child Into A Self-Contained Third Grade Classroom, Arlene M. Belt

Graduate Research Papers

This article describes the disorder of autism in the spectrum of pervasive developmental disorders, the challenges that the autistic child faces, and the inclusion of an autistic child, a nine-year old boy, into a self-contained third grade classroom. Through details of his life, the reader is given an intimate look at the personal and educational issues he faces as he struggles to cope with his disability. In addition to focusing on how the disorder affects an individual, the paper stresses the importance of parents and professionals working together to develop and implement teaching strategies that will assist such a child …

Nurturing Reading Comprehension Of Attention Deficit Students By Improving Their Inferential Skills, Paula Decker

Graduate Research Papers

Inference-making is a necessary component of reading comprehension. Many attention deficit students have shown some degree of reading comprehension deficiencies. Due to the nature of their disability – staying focused, sticking to a task, and noticing details – inference-making may be difficult for them.

This article suggests that by modifying and enhancing existing teaching methods and strategies, the instructional needs of ADD/ADHD students would be met. It offers some lesson and teaching modifications that have shown to be helpful in this author's experience.

When teachers are aware of the characteristics and limitations of students with an attention deficiency, they can …

Looping : An Alternative To Grade Level Promotions, Michelle Block

Graduate Research Papers

This research paper is a study of looping. The purpose of this study was to conduct a review and an analysis of the literature concerning looping. Three questions were asked in the study: 1. What is looping and how does looping differ from multi-age grouping? 2. What are the advantages and disadvantages in looping? 3. What are the guidelines for an effective looping arrangement? The definition of looping was discussed as well as the advantages and disadvantages of looping. Guidelines for an effective looping arrangement were presented. Summary, conclusions, and recommendations were shared with readers.

Strate V. A-1 Contractors: Intrusion Into The Sovereign Domain Of Native Americans, Wambdi Awanwicake Wastewin

North Dakota Law Review

No abstract provided.

An Analysis Of Hanay Geiogamah's Contributions To Native American Ritual Drama, Monica L. Franzen

Graduate Research Papers

The purpose of this research paper was to recognize Hanay Geiogamah's contributions to Native American ritual drama and how Geiogamah and his Native American drama incorporates the culture and rituals of Native Americans in the theatrical environment.

Hanay Geiogamah has a purpose in his plays to present and preserve living Indian traditions and to reveal the facts of Indian life in America today (Huntsman, "New" xi). This study refers to two plays written by Hanay Geiogamah: "Body Indian" and "49." In "Body Indian" Geiogamah explores dramatically the stereotypes that Euro-American society has established of the Native American as true and …

Book Review: The Contentious Lands: A Review Of Western Public Lands And Environmental Politics, By Charles Davis, Ed., Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Copyright Protectionism And Its Discontents: The Case Of James Joyce's Ulysses In America, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

An Annotated Bibliography Of Literary Mormon Humor, Sherlene Hall Bartholomew

Theses and Dissertations

This "Annotated Bibliography of Literary Mormon Humor" includes over five hundred sources, cross-referenced to pertinent commentary and criticism, and divided into seven sections: "Humor in Mormon Fiction," "Humor in Mormon Non-Fiction," "Mormon Criticism Assessing ‘Inside Humor,’" "Gentile Criticism of the Saints' Humor," "Gentile Humor About Mormons," "Mormon Criticism of Gentile Humor," and "Mormon Internet Humor," all made accessible to scholars by a comprehensive index of more than one thousand topics. The author has filed selected photocopied pages of alphabetized, annotated items by author, or chronologically as periodicals, into a twenty-volume Archive of Mormon Humor in Literature, housed at the Center …

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, Timothy P. O'Neill

University of Colorado Law Review

No abstract provided.

Illinois State University Student Handbook, 1998-1999, Office Of Student Life

Student Handbooks

Handbook for Illinois State University students.

What Is Young Adult Literature?, Chris Crowe

Faculty Publications

Have you ever wondered what exactly can be considered young adult literature (YAL)? If you've paid much attention to the book world around you lately, you've probably noticed that there seems to be some misunderstanding about what fits the YAL label and what doesn't. Unfortunatelv, this confusion has led some teachers and parents to beliew that YAL is little more than cheap, pulp novels—the kind of stuff English teachers ought to teach their students to avoid. I understand some of the causes of this confusion and, in the space of this issue's column, plan to set things straight.

A Test Of Additional Effort Expenditure In The "Walk Year" For Major League Baseball Players, Benjamin D. Grad

University Avenue Undergraduate Journal of Economics

Whether they "overperform" or underperform, it is clear that there is incentive for players to do well in their walk year. This same incentive is not present for players either already tied up in long-term contracts or those without enough major league service time to qualify for free-agent status. This paper seeks to test whether the assertion that players perform better and expend more effort in their "walk year" is empirically observable.

Editor's Note: Figures are missing from this article. We apologize for the inconvenience.

Usable Software And It's Attributes: A Synthesis Of Software Quality: European Community Law And Human-Computer Interaction., Ronan Fitzpatrick, Catherine Higgins

Conference papers

Strategic managers and IS professionals who are responsible for specifying, acquiring and producing quality software products are not supported by the endless flow of new international standards, legislation and user requirements. In order to clarify the current situation for everybody concerned with software quality, and especially those interested in usability, there is a need for a new review and evaluation of the various strands that contribute to software quality. By way of review this paper recalls the original software quality factors which were defined twenty years ago by McCall et al. and presents a methodical analysis and synthesis of three …

Comparative Study Of Stock Trend Prediction Using Time Delay, Recurrent And Probabilistic Neural Networks, Donald C. Wunsch, Emad W. Saad, Danil V. Prokhorov

Electrical and Computer Engineering Faculty Research & Creative Works

Three networks are compared for low false alarm stock trend predictions. Short-term trends, particularly attractive for neural network analysis, can be used profitably in scenarios such as option trading, but only with significant risk. Therefore, we focus on limiting false alarms, which improves the risk/reward ratio by preventing losses. To predict stock trends, we exploit time delay, recurrent, and probabilistic neural networks (TDNN, RNN, and PNN, respectively), utilizing conjugate gradient and multistream extended Kalman filter training for TDNN and RNN. We also discuss different predictability analysis techniques and perform an analysis of predictability based on a history of daily closing …

Epideictic Rhetoric And The Formation Of Collective Identity: Nineteenth-Century Mormon Women In Praise Of Polygamy, Robbyn Thompson Scribner

Theses and Dissertations

In this thesis, I will proceed as follows: my first chapter will be a general overview of epideictic rhetoric, focusing on the limitations of how it has traditionally been viewed and understood by theorists. At the end of that chapter I will establish a working definition of epideictic which extends traditional views about how epideictic can function in certain types of writings, focusing on the important role of the speaker in epideictic rhetoric and how it can work in enabling a community to create a collective identity. In the remainder of the thesis, I will analyze two texts in which …

The Common Fund Doctrine: Coming Of Age In The Law Of Insurance Subrogation, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Impact Of "Fair Use" In The Higher Education Community: A Necessary Exception?, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Despite legislative efforts to define it, the concept of Fair Use has been the subject of aggressive debate among publishers, authors, librarians, and users of copyrighted information ("academics") at academic institutions. With the advent of the Internet and the prospect of multimedia projects, the debate has intensified and expanded into the international community.

This Article focuses primarily on the challenges that face academic administrators and college and university attorneys seeking to advise their academic clients of the parameters of the Fair Use Doctrine-encouraging both sharing and dissemination of scholarly information, and compliance with the law, while limiting institutional liability. This …

Messages Of Individualism In French, Spanish, And American Television Advertising, Ronald E. Taylor, Joyce M. Wolburg

College of Communication Faculty Research and Publications

Individualism is a central value in French, Spanish, and American cultures. However, what it means to be an individual and how this is expressed varies among cultures. This study explores the ways that television advertising reflects individualism in French, Spanish, and American cultures and uses a qualitative approach that allows coding categories to emerge from the three countries' samples rather than imposing previously defined categories from a single culture. The study identifies six main advertising message strategies across the three cultures: the Efficient Individual, the Sensual Individual, the Attractive/Healthy Individual, the Esteemed Individual, the Performant(e) Individual, and the Intellectual Individual. …