Digital Commons Network^™

The County Courthouse No Longer Looms Over The Community, Geoffrey C. Hazard Jr.

SMU Law Review

No abstract provided.

Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez

SMU Law Review

No abstract provided.

Law’S Alienation: Furies And Nomoi And Bears (And Nuns), Emily A. Hartigan

Faculty Articles

The inclusion of spirit in the law is necessary because the exclusion of the spirit from the law separates the law from its dynamic source of animation. The inclusion of the spirit or spirituality with the law will better allow the United States to craft laws and policies designed to address undocumented workers and illegal aliens.

Even Socrates wrote about the separation of spirit and the law when he wrote about the Nomoi and the Furies; however, he also discussed his Daemon, an inner voice enters into dialogue with the Nomoi, the law. This inner voice that was essential for …

American Family Law: History -- Whostory, Ana M. Novoa

Faculty Articles

Family law should be rooted in preserving and protecting intimate relationships; instead, it is rooted in preserving those domestic systems that created or expanded the economic empire of the "Founding Fathers," the white males of the colonial northeast. This northeastern colonial perspective continues to underpin most of the basic assumptions in family law. Concurrently, with the increased privatization of the cooperative virtues, Americans have developed an excessive preoccupation with self and a cult of consumerism.

Consumerism has driven American society toward increased individualism and narcissism. A by-product of the increased individual-consumer culture is the mistaken belief that our personal values …

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds’ Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts’ Declaratory Judgments—1900–1997, Willy E. Rice

Faculty Articles

Each year in America, an estimated $200 billion is spent purchasing third-party liability insurance. Fairly recent findings reveal that although some carriers try to settle third-party claims, an unacceptable number of liability companies simply refuse to settle or defend third-party suits. Each year, thousands of consumers and insurers petition state and federal courts for declaratory relief. The simple question asked in these cases is: do liability insurers have a duty to defend policyholders when third-party complainants only allege that insureds committed immoral or intentional acts?

Plaintiffs’ lawyers, defense counsels, state and federal judges, and state legislators and insurance commissioners should …

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.

Regulating Risk Not Function, Heidi Mandanis Schooner

Scholarly Articles

This Article examines our current scheme of bank regulation through an analysis of banks' securities activities -- how such activities are currently regulated and how they might be regulated in the future.

Part I summarizes the major restrictions on banks' securities activities, emphasizing recent regulatory initiatives aimed toward expanding banks' participation in the securities business.

Part II examines the application of the federal securities laws to banks' securities activities. (While banks enjoy some exemptions from the federal securities laws, they are subject to many of the most important provisions.) In addition, Part II sets forth the division of responsibility for …

Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson

Scholarly Articles

This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on 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 …

Control Freaks, John H. Garvey

Scholarly Articles

Last year, in Washington v. Glucksberg, the Supreme Court decided that the Constitution does not afford us a right to commit assisted suicide. I endorse this conclusion. I might less modestly say that it endorses me, for the Court's understanding of freedom is similar to the one I propose in What Are Freedoms For?, and the theory it rejects is the one I am most concerned to combat.

Fairness, Responsibility, And Efficiency In The Bankruptcy Discharge: Are The Commission’S Recommendations Enough?, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Breeding Bird Use Of Intensively Managed Rotational Grazing Pastures, Native Prairies And Savannas: A Comparison, Jennifer Marie Hurley O'Hara

Dissertations and Theses @ UNI

Intensively managed rotational grazing is a grazing method in which livestock are moved through a series of paddocks over a three to six week rotation. Vegetation in resting paddocks is allowed to regrow, renew energy reserves, and rebuild plant vigor to provide nutritious forage for livestock. Consequently, vegetation in the paddocks is in different stages of growth which creates a mosaic of vegetation heights across the pasture landscape. I hypothesized that the mosaic of vegetation heights resembles the native tallgrass prairie grazed by bison prior to European settlement. The mosaic may be attractive and beneficial to breeding grassland birds. Several …

Development Of Rapid Assessment Protocols For Evaluating The Mental Health Status Of Incoming Bosnian Refugees In Waterloo, Iowa, Susan Renee Dobie

Dissertations and Theses @ UNI

The purpose of this study was to develop rapid assessment protocols to evaluate the prevalence of common symptoms of clinical depression and post-traumatic stress disorder in the adult Bosnian refugee population in Waterloo, Iowa.

An extensive literature review was conducted to research (a) refugeeism around the world, (b) causes of refugeeism, (c) the refugee experience, (d) refugee health challenges, (e) post-traumatic stress disorder in refugees, (t) depression in refugees, (g) acculturation stress in refugees, (h) rapid assessment procedures in public health, (i) rapid mental health assessments, (j) the case of refugeeism in the former Yugoslavia, (k) the history of refugeeism …

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 …

Single Gender Marriage: A Religious Perspective, Raymond C. O'Brien

Scholarly Articles

This Article will offer a religious perspective which is a response to the legal arguments in favor of single-gender marriage. Three arguments will be made: first, that the religious perspective identified and associated with the Roman Catholic tradition offers a fundamental basis for family life that has been proven to be beneficial to society as a whole, and to the message of revelation consigned to Christians by Jesus Christ; second, inasmuch as the religious perspective is being contradicted by judicial interpretation rather than through legislative process, a tyranny of judicial activism has and is subverting a public policy consensus; and …

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 …

Identification Of Factors That Influence Physician Generated Referrals To Hospice Programs, Cheryl A. Hoerner

Dissertations and Theses @ UNI

The hospice movement is just over 20 years old in this country. Hospice programs are dependent on physicians to educate and refer their terminal patients to hospice care. The purpose of this study was to identify factors which influence physicians in rural Iowa to refer terminal patients to selected hospice programs. The study involved Medicare-certified hospice programs and non-certified programs located in rural communities in Iowa. One hundred and fifty licensed physicians were randomly selected to complete a 14-item questionnaire. A total of 86 questionnaires were returned. The survey tool addressed demographic information, as well as identifying factors that influenced …

The Incidence Of Domestic Violence Among A Group Of Iowa Women In Substance Abuse Treatment, Patricia G. Fitzgerald

Dissertations and Theses @ UNI

Domestic violence is receiving increasing attention in the media, communities, and classrooms across the country. It is suggested a minimum of from 2 to 3 million women are assaulted by male partners each year in the United States. More than 3 out of every 100 or 1.8 million women were severely assaulted as they were kicked, punched, choked, beaten, threatened with a knife or gun, or had a knife or gun used on them. The contribution of alcohol or drugs to this phenomena is frequently acknowledged but rarely examined in detail. This paper reports the incidence of domestic violence among …

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 …

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.

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

Language Arts Journal of Michigan

No abstract provided.

A Questioning Of Choices: Teaching Revision, Dee Cassidy

Language Arts Journal of Michigan

No abstract provided.

Piezoelectric Biomechanical Assessment Of Swallowing Across Ages And Swallowing Task, Janel Elizabeth Crow

Dissertations and Theses @ UNI

Even though the Modified Barium Swallow (l\1BS) is the gold standard for the evaluation of swallowing disorders, the MBS has several limitations ( e.g., invasiveness, cost and portability). Noninvasive tools to measure swallowing ability at low cost and with low risk to the patient are desirable. Recently, thin film, piezoelectric technology (Computerized Laryngeal Analyzer: CLA) has become available which allows for noninvasive biomechanical analysis of swallowing. Noninvasive biomechanical measurement of swallowing is possible due to the close correlation of hyolaryngeal movement, airway protection and upper esophageal sphincter (UES) opening (Jacob, Kahrilas, Logemann, Shah, & Ha, 1989). The vertical and anterior …

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 …

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 …

The Relationship Between Coping Strategies And Body Image Among Adolescent Females, Lisa Monae Yarrow

Dissertations and Theses @ UNI

The purpose of this study was to investigate the relationship between coping strategies and body image disturbance among adolescent females. Fifty-eight of 78 (74.4%) seventh grade female students at a midwestern middle school completed all phases of the research.

The Eating Attitudes Test (EAT-26; Gamer & Garfinkel, 1979) identified subjects with maladaptive eating behaviors. The Coping Inventory for Stressful Situations (CISS; Endler & Parker, 1990) and the Body Shape Questionnaire (BSQ; Cooper, Taylor, Cooper, & Fairburn, 1987) provided information concerning the type of coping strategies employed as well as feelings concerning appearance.

Pearson product-moment correlation was used to determine the …