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2001

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A Motion-Analysis And Electromyographic Study Of The Upper Trapeziues And Forearm Musculature While Typing At Different Heights On A Laptop Computer, Scott Kolar Jan 2001

A Motion-Analysis And Electromyographic Study Of The Upper Trapeziues And Forearm Musculature While Typing At Different Heights On A Laptop Computer, Scott Kolar

Physical Therapy Scholarly Projects

Laptop computers have become a common feature in both the workplace and the home. Computer technology has brought about vast benefits in terms of productivity and efficiency; however, the benefits have not come without repercussions. The wide use of laptop computers has without a doubt created an environment in which the user is susceptible to upper extremity cumulative trauma disorder (UECTD), also referred to as repetitive trauma disorder or overuse syndrome. The cost of UECTD to the individual and potentially his/her employer is enormous costing the United States alone an estimated $42 billion per year. Through ergonomic considerations, an optimal …

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Also, Too And Moreover In A Novel By Dorothy L. Sayers, Stephen H. Levinsohn Jan 2001

Also, Too And Moreover In A Novel By Dorothy L. Sayers, Stephen H. Levinsohn

Work Papers of the Summer Institute of Linguistics, University of North Dakota Session

When Dorothy Sayers uses also in her novel The Documents in the Case, this indicates that the material that is added is at least as important as that to which it is added. She uses moreover, as Blakemore (1987) has observed, to indicate that the material that is added provides further evidence for a recently stated conclusion. Too is the 'elsewhere' additive. Sayers uses it when the information that is added confirms or contradicts a previous utterance or assumption. She also uses it when the material concerned is of lesser or greater importance than that to which it …

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Are Forensic Locksmiths Really Qualified To Testify As Experts In Cases Of Insurance Fraud: An Examination Of The Admissibility Of Forensic Locksmith Opinions Under Rule 702, Chad A. Hester Jan 2001

Are Forensic Locksmiths Really Qualified To Testify As Experts In Cases Of Insurance Fraud: An Examination Of The Admissibility Of Forensic Locksmith Opinions Under Rule 702, Chad A. Hester

Cleveland State Law Review

This Note will argue that while forensic locksmiths may be qualified as experts under Rule 702, they should not necessarily be qualified to testify as to which key started a vehicle last. Part I of this note will discuss the basic history and case law which has established the requirements necessary to qualify an expert to testify under the Rule 702. In addition, Part I will discuss the recently enacted amendments to Rule 702 and how the amended Rule 702 has expanded the admissibility of expert witnesses. Part II of this note will discuss the generally accepted procedures of forensic …

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When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess Jan 2001

When Indian Law And Tax Law Collide: How Pull-Tab Games Got To The Supreme Court , John Burgess

Cleveland State Law Review

This Note will explore the reasons why two identical cases can turn out with completely different results. To do so, consideration will be given to the statutes involved and the varying interpretations of these statutes. Another important consideration is the policy behind these statutes, especially the IGRA. Part II will describe what the pull-tab games are, the statutes at issue, the conflicting cases, and the statutory interpretation issue. Part III will describe how the tenets of Indian Law can affect the analysis. Part IV will contain an analysis of the statutes and compare it to how the courts analyzed them. …

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Environmental Audit Privilege Laws: Stripping The Public's Right To Know, Jennifer Lukas Jackson Jan 2001

Environmental Audit Privilege Laws: Stripping The Public's Right To Know, Jennifer Lukas Jackson

Cleveland State Law Review

This Note argues that because the public places a high premium on its right to know, Congress should enact a federal statute that prohibits a privilege for environmental audits. A federal prohibition on a privilege for environmental audits will make the state statutes unconstitutional under the Supremacy Clause of the United States Constitution. This Note has six parts. Part II provides background on the traditional environmental regulatory regime and the role that the public plays in enforcing environmental statutes. Part III is an analysis of some of the typical state environmental audit privilege laws, including a discussion of the major …

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Multicultural Art Education: Deconstructing Images Of Social Reproduction, Donna Alden Jan 2001

Multicultural Art Education: Deconstructing Images Of Social Reproduction, Donna Alden

Journal of Social Theory in Art Education

Exclusionary practices along with inaccurate and incomplete information have historically been used in the classroom by the dominant White culture as a means to disempower minority youth and widen the chasm between opposite ends of the power structure. Although reproducing the existing power structure may not be a conscious motive of art teachers in the 21st century, many of their actions replicate conditions necessary for domination by the Euro-White culture. Admirably, art educators have a history of being on the cutting edge of innovative ideas and inclusionary practices. The movement to include art from many cultures in art curriculums is …

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Judge Henry Clay Caldwell, Richard S. Arnold, George C. Freeman Iii Jan 2001

Judge Henry Clay Caldwell, Richard S. Arnold, George C. Freeman Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

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College Choice: An Analysis Of The Factors That Influence A Student's Decision To Enroll In A Two-Year College, Timothy S. Stokes Jan 2001

College Choice: An Analysis Of The Factors That Influence A Student's Decision To Enroll In A Two-Year College, Timothy S. Stokes

Theses and Dissertations

As the number of students choosing to begin their postsecondary education in a two-year college increases, a careful analysis of the factors influencing the college choice process is needed. While a significant amount of research has addressed the college choice phenomenon and models describing the process have been developed, no attempt to apply these models to the two-year college choice process has been attempted. This study examines the factors that influence the college choice process of two-year college students and determines the variance these variables have on the two-year/four-year college choice dichotomy. Using the National Postsecondary Student Aid Study (NPSAS) …

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A Comparison Of Pre-Post Student Outcomes And Perceptions After An Intervention Of A Secondary Alternative Education Program For Disruptive Students, Lloyd Sain, Jr. Jan 2001

A Comparison Of Pre-Post Student Outcomes And Perceptions After An Intervention Of A Secondary Alternative Education Program For Disruptive Students, Lloyd Sain, Jr.

Theses and Dissertations

The purpose of this study was to describe the effect of an alternative education program on the grade point averages, attendance, and suspensions of secondary school students. In order to meet this purpose, the study tested two research questions that focused on the grade point average, attendance, and suspensions of disruptive secondary school students prior to their intervention of an alternative education program and after their return to home school for two consecutive nine weeks. Length of enrollment and its impact on grade point averages, attendance, and suspensions were also examined. The study also investigated to what extent the characteristics …

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A Study Of The Legislative History And Legal Administrative Impact Of The Arkansas Teacher Fair Dismissal Act, William "Dubs" Byers Jan 2001

A Study Of The Legislative History And Legal Administrative Impact Of The Arkansas Teacher Fair Dismissal Act, William "Dubs" Byers

Theses and Dissertations

The Arkansas Teacher Fair Dismissal Act provides the legal procedure for dismissing teachers from public schools in Arkansas. The purpose of the study was to examine the impact of the Teacher Fair Dismissal Act on the employment practices of schools in Arkansas. The study examined the legislative intent of the Act, how the courts have refined the issues of the Act, the level of knowledge about the Act among principals, and perceptions of principals relating to the effect of the Act. The study included both quantitative and qualitative research. Eight interviews were held with legislative and educational leaders. Legislative material …

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Real World Pressures On Professionalism, Thomas D. Morgan Jan 2001

Real World Pressures On Professionalism, Thomas D. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

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Waiver - Not Yet: After More Than Eight Years Of Pre-Trial Litigation The Second Circuit Orders Arbitration - Crysen/Montenay Energy Co. V. Shell Oil Co. And Scallop Petroleum Co., David A. Geisler Ii. Jan 2001

Waiver - Not Yet: After More Than Eight Years Of Pre-Trial Litigation The Second Circuit Orders Arbitration - Crysen/Montenay Energy Co. V. Shell Oil Co. And Scallop Petroleum Co., David A. Geisler Ii.

Journal of Dispute Resolution

Arbitration clauses, like most terms in a contract, are enforceable against either party and, unless expressly or impliedly waived, should be enforced. While the federal courts and Congress have a policy that strongly favors arbitration, in some situations the factual nature of the case leads the court to conclude that the right to arbitrate the matter has been waived. The Second Circuit Court of Appeals, in In re Crysen/Montenay Energy Co. v. Shell Oil Co. and Scallop Petroleum Co., addressed this issue; however the court concluded that the policy favoring the enforcement of arbitration provisions outweighed the prejudice to Crysen/Montenay …

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Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Jan 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

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Sex, Science And Social Knowledge: The Implications Of Social Science Research On Imputing Liability To Employers For Sexual Harassment, Theresa M. Beiner Jan 2001

Sex, Science And Social Knowledge: The Implications Of Social Science Research On Imputing Liability To Employers For Sexual Harassment, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

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The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner Jan 2001

The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

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Alternative Dispute Resolution And The Occupational Safety And Health Review Commission: Settlement Judges And Simplified Proceedings, Morell E. Mullins Sr. Jan 2001

Alternative Dispute Resolution And The Occupational Safety And Health Review Commission: Settlement Judges And Simplified Proceedings, Morell E. Mullins Sr.

Law Faculty Scholarship

No abstract provided.

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How Free Trade Can Save The Everglades, Aaron Schwabach Jan 2001

How Free Trade Can Save The Everglades, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

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Criminal Procedure—Pretext In A State Of Confusion—The Arkansas Supreme Court Takes A Stand On Pretextual Arrests. State V. Sullivan, 340 Ark. 315, 11 S.W.3d 526, Supplemental Op. On Denial Of Reh'g, 340 Ark. 318a, 16 S.W.3d 551 (2000), Pet. For Cert. Filed, 69 U.S.L.W. 3157 (U.S. Aug. 16, 2000) (No. 00-262)., Erika Ross Montgomery Jan 2001

Criminal Procedure—Pretext In A State Of Confusion—The Arkansas Supreme Court Takes A Stand On Pretextual Arrests. State V. Sullivan, 340 Ark. 315, 11 S.W.3d 526, Supplemental Op. On Denial Of Reh'g, 340 Ark. 318a, 16 S.W.3d 551 (2000), Pet. For Cert. Filed, 69 U.S.L.W. 3157 (U.S. Aug. 16, 2000) (No. 00-262)., Erika Ross Montgomery

University of Arkansas at Little Rock Law Review

No abstract provided.

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Barley: The Versatile Crop, Brian Young Jan 2001

Barley: The Versatile Crop, Brian Young

Ethnobotanical Leaflets

No abstract provided.

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Ephedra (Ma Huang), Erica Mcbroom Jan 2001

Ephedra (Ma Huang), Erica Mcbroom

Ethnobotanical Leaflets

No abstract provided.

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An Empirical Investigation Of Four Tests For Interaction In The Context Of Factorial Analysis Of Covariance, Todd C. Headrick, George Vineyard Jan 2001

An Empirical Investigation Of Four Tests For Interaction In The Context Of Factorial Analysis Of Covariance, Todd C. Headrick, George Vineyard

Publications

The Type I error and power properties of the parametric F test and three nonparametric competitors were compared in terms of a 3x 4 factorial analysis of covariance layout. The focus of the study was on the test for interaction either in the presence and/or absence of main effects. A variety of conditional distributions, sample sizes, levels of variate and covariate correlation and treatment effect sizes were investigated. The Puri and Sen (1969a) test had ultra-conservative Type I error rates and power losses when main effect(s) were present. The adjusted rank transform (Blair & Sawilowsky,1990; Salter & Fawcett; 1993) had …

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The London Stage, Judith Milhous, Robert D. Hume Jan 2001

The London Stage, Judith Milhous, Robert D. Hume

Posthumous Works

No abstract provided.

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Maritime Law Uniformity And Federalism After Yamaha V And Dohsa Amendment: For Whom The Bell Tolls, Attilio M. Costabel Jan 2001

Maritime Law Uniformity And Federalism After Yamaha V And Dohsa Amendment: For Whom The Bell Tolls, Attilio M. Costabel

St. Thomas Law Review

No abstract provided.

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Abstention In The Federal Courts: A Suggested Bifurcated Standard Of Review To Create Procedural Reliance Where States And Localities Regulate Constitutionally Protected Activity, Carl E. Brody Jr. Jan 2001

Abstention In The Federal Courts: A Suggested Bifurcated Standard Of Review To Create Procedural Reliance Where States And Localities Regulate Constitutionally Protected Activity, Carl E. Brody Jr.

St. Thomas Law Review

State and local governmental entities are conferred the responsibility of creating and enforcing laws within their jurisdictions for the efficient governance of their citizens. Where these laws impact on individuals or businesses subject to this regulatory function, challenge through the court system becomes the only available outlet to determine the rights of the parties. These challenges to state and local laws regulating the acts of private individual and commercial activity are almost uniformly based on claims that such laws violate the First Amendment or other constitutional rights. In many cases, for various purposes, these plaintiff/challengers avail themselves of the jurisdiction …

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Too Young To Understand--Extending Equal Access To All Children In Public Schools Regardless Of Age, David Woodcock Jan 2001

Too Young To Understand--Extending Equal Access To All Children In Public Schools Regardless Of Age, David Woodcock

St. Thomas Law Review

Finding the right mix of church and state is not an easy task for our society. This is especially true in our public schools. Everyday, millions of elementary school students meet after school in public school facilities to participate in Girl Scouts, Boy Scouts, Cub Scouts, Brownies, and 4-H Clubs. These organizations share the goals of preparing young boys and girls to grow into men and women of good morals and character. Religious organizations that share these goals, however, are denied access to school facilities simply because they have a religious point of view. School districts have told children that …

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Administrative Pitfalls Of Litigating Under The Florida Civil Rights Act, Kenneth M. Curtin Jan 2001

Administrative Pitfalls Of Litigating Under The Florida Civil Rights Act, Kenneth M. Curtin

St. Thomas Law Review

Under the common law in Florida, an employee hired for an indefinite period of time was considered an employee-at-will and either party could terminate the employment at any time and for any reason without incurring liability. The Florida Civil Rights Act of 19922 ("FCRA") modified the common law in that, the FCRA created a cause of action for unlawful termination. The FCRA was patterned after Title VII of the Federal Civil Rights Acts of 1964 and 1991, as well as the Age Discrimination in Employment Act.' Nevertheless, differences abound between federal legislation and the FCRA, especially in regards to administrative …

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Gentetically Engineering People: A Jewish Law Analysis Of Personhood, Michael J. Broyde Jan 2001

Gentetically Engineering People: A Jewish Law Analysis Of Personhood, Michael J. Broyde

St. Thomas Law Review

The central theme and thrust of this article is that Jewish law is comfortable with humans as caretakers of nature, even if that entails "correcting" natural genetic flaws, and that the Jewish tradition has a bi-directional definition of humanness, with one being human either by being from a human mother or by being capable of human thought, and that within those parameters genetic engineering is to be treated like any other form of medical treatment, which is proper when used to benefit humanity.

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On Genetic Engineering And The Idea Of The Sacred: A Secular Argument, Gregory E. Kaebnick Jan 2001

On Genetic Engineering And The Idea Of The Sacred: A Secular Argument, Gregory E. Kaebnick

St. Thomas Law Review

In short, we need to be able to argue about the sacred. The next section contains a few brief remarks about the general idea of the sacred and whether we can and how we can argue about the sacred. In the remainder of the paper, consideration is given to the more specific appeal to the sacred made in discussions about genetic engineering, and some defenses of that notion.

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Islam And The New Genetics, Mohamed Fadel Jan 2001

Islam And The New Genetics, Mohamed Fadel

St. Thomas Law Review

Muslims, along with other people of conscience, have followed the recent developments in the field of genetics with a combination of awe and trepidation - awe at the ability of modem science to plumb ever more deeply into the mechanics of life, but with fear stemming from suspicion that these discoveries and the incipient technologies developing in their wake permitting the manipulation of life will not be sufficiently controlled by the higher moral purposes imposed upon us by God. Nevertheless, with the exception of human replication by cloning,' Muslim theologians across the board seem willing to adopt a "wait and …

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Innocent Of Empirical Rigor, Derry Ridgway Jan 2001

Innocent Of Empirical Rigor, Derry Ridgway

St. Thomas Law Review

The paper begins, as the research did, with a review of published judicial decisions concerning the medical care of children. It then examines the role played by medical science in those decisions. The review suggests that when American courts make determinations about children's medical care, they customarily do so without knowing or crediting the relevant and available science - a failure of comprehension - or without applying the available empirical knowledge to the case at hand - a failure of scientific reasoning - or both. The paper concludes with a proposal that might bring future decisions into better alignment with …

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