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Equity And The Article I Court: Is The Tax Court's Exercise Of Equitable Powers Constitutional?, Leandra Lederman

Articles by Maurer Faculty

Article I courts are the other federal courts, infrequently studied despite their important role in the judiciary. This article focuses on the United States Tax Court, an Article I court that hears approximately 95 percent of litigated federal tax cases. The article argues that the Tax Court's current tendency to apply equitable doctrines when necessary to avoid harsh outcomes dictated by statute lacks constitutional authority. First, the article examines the role of Article I courts in the federal judicial system and under the Constitution. Next, it considers the historical and modern meanings of equity and equitable powers in the context …

The Perceptions Of Traditional And Nontraditional Students Toward The Level I Spanish Textbook., Tyrone Frederick Parker

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study posed ten hypotheses based on 13 pedagogical elements contained in the literature concerning the unique needs of nontraditional students. The study tested the hypotheses that traditional and nontraditional students' evaluation of the foreign language textbook would not differ based on gender, full-time or part-time status, age, having a high school diploma or a general equivalency diploma (GED), and grade point average. The textbook evaluation instrument chosen for this study was the Proficiency-Oriented Textbook Evaluation Form. It was chosen for this research study because of its proven usefulness in evaluating the value of foreign language textbooks and because all …

Relationships Among Grammatical Accuracy, Discourse Features, And The Quality Of Second Language Writing: The Case Of Thai Efl Learners., Charuporn Pongsiriwet

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study attempted to combine the study of grammatical accuracy with the study of discourse features of second language writing. It was designed to investigate (1) the frequent types of grammatical errors in EFL writing; (2) whether there is a relationship between scores on grammatical accuracy and discourse features of writing; and (3) the effects of grammatical accuracy and discourse features on the evaluation of writing quality. The participants of the study consisted of 155 university freshmen majoring in agriculture, education, engineering, English, and general science who enrolled in Foundation English at Kasetsart University, Kamphaeng Saen Campus in Thailand. Data …

Reading Instructional Leadership: A Survey Of Middle Level Principals In West Virginia Public Schools., Mary Lee Porter

Graduate Theses, Dissertations, and Problem Reports (ETD)

A review of the literature on reading and principals' reading instructional leadership indicates that nationally there is a crisis in middle level reading (grades, 5, 6, 7, 8, & 9). This study focused on the reading instructional leadership of Middle Childhood Level principals in West Virginia. Principals in West Virginia are held legally responsible for the academic achievement of their schools and thus, are charged with instructional leadership and assuring that “best practices” are used in their schools. This study attempted to identify the beliefs, experiences, demographic criteria, and best practices that principals believe have impacted SAT9 test scores at …

"A Mad Intemperance...Of Building": The Literary Construction Of Early Modern London., Rachel Dawn Ramsey

Graduate Theses, Dissertations, and Problem Reports (ETD)

My dissertation tracks the development of London's built environment through the seventeenth and eighteenth centuries, identifying the shared conceptual and narrative techniques employed in building literature (construction manuals, architectural treatises, and urban improvement tracts) and in literature about buildings (plays, poems, and novels) to discuss the evolution, dissemination, and significance of contemporary debates over urban expansion, urban planning, and spatiality. The first two chapters examine how literary texts proved instrumental in shaping debates over London's urban expansion at key historical junctures: the late-sixteenth century when London's population explosion triggered a series of anti-building proclamations and during the rebuilding of London …

Creating And Supporting The Proxy-Decider: The Lawyer-Proxy Relationship, Nancy N. Dubler

Georgia Law Review

Advance directives have been identified as the "quick fix" of bioethics. The logic goes something like this: If we could only get patients to tell us, in advance of disability, the specifics of the health care they would want to receive in the future, we could put our ethical and legal qualms aside and march ahead with care that we know is patient appropriate and legally protected. If we could only get the patient to commit, we could proceed with moral certainty and risk assurance. If we could only be given explicit instructions, we could act accordingly and be comfortable …

Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein

Georgia Law Review

The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders-both monogenic and complex disorders. While astonishing progress has been made in gene discovery and the development of genetic tests, progress has been much slower in developing medicalinterventions. Consequently, there is likely to be a gap of varying and indetermi- nate time-lasting years or decades-between the ability to identify and predict genetic risk and the ability to prevent, treat, or cure the condition. The gap between the ability to predict genetic risk and the ability to ameliorate the risk …

Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards

Georgia Law Review

People in the United States and the developed world are living longer than ever before. While gains in the average life expectancy have been modest, these gains greatly underestimate the growth of the elderly population. Most of this elderly population is healthier and more active in everyday life than people of comparable age in decades past. The amelioration of many of the diseases of age has accentuated the problems of the chronic diseases for which there are no effective treatments. Perhaps the most devastating of these is Alzheimer's disease, a progressive dementia leading to incapacity and death. As discussed in …

Alternative Education In West Virginia: Perceptions Of Programs, Leadership And Success., Tammy Kay Brock-Fowler

Graduate Theses, Dissertations, and Problem Reports (ETD)

More and more students are being labeled at-risk in our educational system. These students are often behind academically, have dropped out of school, or have been suspended or expelled from conventional high schools. In West Virginia in 1995, 4,008 students did not complete high school (West Virginia University Survey Research Center, 1977). Alternative schools or programs are a direct result of a need to provide options to students who cannot be accommodated by conventional public schools. Alternative Education Program in West Virginia is defined as an authorized departure from the regular school program designed to provide educational and social development …

A Religious Conflict In Education: The King's College Controversy As A Historical Precedent To Separation Of Church And State, 1752-1756., Thomas Edward Carney

Graduate Theses, Dissertations, and Problem Reports (ETD)

The King's College controversy (1752-1756) was a battle for control of the first college in colonial New York. The historical experience of the province, from its founding by the Dutch until the 1750s, had generated an expectancy of religious freedom among the religious and ethnically diverse population. These people envisioned a non-sectarian college, but members of the Anglican church under the leadership of the Reverend Samuel Johnson (who would be the first president of the college) moved to exert control over the college. The opponents of the Anglicans, led by William Livingston, carried on an extensive attack on the Anglican …

To Build, And Plant, And Keep A Table': Class, Gender, And The Ideology Of Improvement In Eighteenth-Century Women's Literature., Jeannie C. Dalporto

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this dissertation, I argue that the discourse of improvement, which stressed profit and productivity on the land and in the household, helped to define—and was defined by—class and gender ideology in the eighteenth century. I read the works of laboring class women poets, Mary Collier and Mary Leapor, and the utopian novelist, Sarah Scott, within the framework of land improvement treatises and household books. In doing so, I demonstrate how ideologies of labor and gender are inherently bound up with socioeconomic concerns about land and estate management. In Chapter one, I examine how notions of thrift found in land …

Beyond The Workplace: The Uneven Development Of The Japanese Space -Economy And The Role Of Labor, 1965-1994., Shawn Michael Banasick

Graduate Theses, Dissertations, and Problem Reports (ETD)

Despite the rapid industrialization and high rates of economic growth that Japan experienced for much of the postwar period, there have been relatively few attempts by English-language researchers to investigate Japan's domestic space-economy at the regional scale. This dissertation examines the process of uneven development in Japan from 1965 to 1994. The conceptual framework for the analysis is a regional political economy approach, combining theories of uneven development with recent work by Michael Webber and David Rigby on regional profit rates in manufacturing and the determinants of profit rate change over time. In addition, insights from the recent literature on …

Rocky Mountain National Park: History And Meanings As Constraints To African-American Park Visitation., Elizabeth B. Erickson

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study is to examine history and park meanings as constraints to visitation to Rocky Mountain National Park (RMNP) by the African-American community. Thirty-six one-hour interviews were conducted in Denver, Colorado with African-American participants who resided in the city. In addition eleven, fifteen-minute interviews were conducted with African-Americans while visiting Rocky Mountain National Park. Over the course of the interviews, participants discussed their current and past relationship with Rocky Mountain National Park, the meanings they ascribed to the park, and their perceived constraints to park visitation. Snowball sampling was used, the data was transcribed verbatim, and content …

An Application Of Complexity Theory To The Development Of Web-Based Education At A University In The United States., Daniel Nickles Huck

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examines the perceptions of higher education administrators concerning the activities related to the implementation of web-based education at a university in the United States during the 1990's. In pursuing an Orientational Qualitative Inquiry, I conducted ethnographic interviews during calendar year 2000 of academic affairs and information technology professionals, and I reviewed relevant documentation related to the university's web-based education efforts. I initially employed an a priori theoretical framework based on Loosely Coupled Systems Theory to guide my data collection, but my analysis of data led me to adopt Complexity Theory to adequately explain my findings. More specifically, I …

Research Article Introductions In Thai: Genre Analysis Of Academic Writing., Chalermsri Jogthong

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study presents an analysis of research article introductions (RAIs) written in Thai by Thai academic writers. The analysis is based on 40 Thai RAIs taken from Thai journals in educational and medical fields. The rhetorical characteristics and linguistic features of the RAIs are examined using the CARS model proposed by Swales (1990). The results show that the pattern of studied RAIs supports the general framework presented by Swales but the specific steps in the introductions are less consistent with the model. The Thai writers avoided criticizing and evaluating the works of others. They adopted different strategies in establishing a …

An Assessment Of The English-Language Needs Of Second-Year Thai Undergraduate Engineering Students In A Thai Public University In Thailand In Relation To The Second-Year Eap Program In Engineering., Patama Kittidhaworn

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study was to investigate the English-language needs of 182 second-year Thai undergraduate engineering students in a Thai public university in Thailand for their study in their second-year English program in engineering. A two-part self-assessment questionnaire was constructed based upon the previous research on the English-language needs of English as a Second Language (ESL)/English as a Foreign Language (EFL) students, particularly in Science and Technology in relation to English for Academic Purposes (EAP). The first part of the questionnaire asks for their demographic variables: gender, specialty, years of studying English in the school(s), and self-reported English proficiency in Listening, Speaking, …

Cross-Cultural Gender Dynamics In Classroom Interaction: The Adult Esol Classroom., Dara Gay Shaw

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to investigate the impact of gender dynamics and culture on interaction in the adult ESOL, from the teachers', students', and observer's points of view. Using an ethnographic methodology, the researcher drew from class observations, videotaped segments of classroom interaction, teachers' self-evaluations of gender equity in instruction, and their responses to gender dynamics scenarios, student responses to classroom photographs, as well as student, teacher, and administrator interviews. Fifteen research questions were divided into three sections: Cross-cultural Context, Gender Dynamics and Classroom Interactions. The Cross-cultural Context research questions centered on the perceptions and expectations of the …

Team Player Styles, Team Design Variables And Team Work Effectiveness In Egypt, Ghada Awed Hassan El-Kot

Plymouth Business School Theses

The literature has revealed few studies of management in Arab countries in general and particularly in Egypt. Many Egyptian organisations implemented the team concept a number of years ago, however, there do not appear to be any studies investicitaýt inc",D team work effectiveness in Egypt. The literature review and the findings of a pilot study emphasised the need for empirical research in team work in Egypt. Team effectiveness models are examined in order to identify the factors that may enhance team effectiveness in Egypt. Team behavioural models are also examined to identify the importance of balanced team membership and its …

Desired Absence: A Woman's Perspective, Heather Dominick

Theses

Humans are born either male or female depending on their sexual organs. While there are specific biological functions connected to those organs, it is society that assigns distinct, opposite behavioral standards, mores, and roles for each gender. These are portrayed as outgrowths of biological differences and considered normal. However, gender roles are socially constructed not biologically determined. My thesis work Desired Absence: A Woman's Perspective explores the themes of gender and violence using photography and video. The body of work includes two components; a series of seven silver gelatin mural sized photographs of the human face, and a single channel …

2001 January, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Morehead State University press releases for January of 2001.

Short-Term Temporal And Spatial Dynamics Of Bacterioplankton Near Barbados In The Caribbean Sea, Keun-Hyung Choi, Fred C. Dobbs, Robert K. Cowen

OES Faculty Publications

To investigate temporal (ca 1 mo) and spatial dynamics of bacterioplankton in the Caribbean Sea, time-series measurements of chlorophyll a concentration, bacterial abundance, and thymidine incorporation rate were performed at 6 stations near Barbados, In addition, a series of incubation experiments was carried out with seawater samples collected from various depths and stations to determine bacterial growth rates and removal rates by bacterivory. Vertically integrated phytoplankton and bacterioplankton biomasses averaged 1290 and 1200 mg C m(-2), respectively, and heterotrophic bacterial production was 106 mg C m(-2), with in situ bacterial growth of 0.1 d(-1), Approximately halfway through the sampling period, …

From Cambodia To The United States: The Disassembly, Reconstruction, And Redefinition Of Khmer Identity, Denise Clark Lewis

University of Kentucky Master's Theses

In this thesis I describe Khmers' negotiations of circumstances surroundingthe disassembly, reconstruction, and redefinition of Khmer identity fromtheir homeland in Cambodia to a traditional Khmer village recreated in theUnited States. Using a framework derived from a constructivist perspective,I have placed processes of negotiation and identity transformation withinthe lived context of Khmers' lives. Thus, a holistic understanding of theinterrelatedness of multiple changes in Khmerness is made possible.Ethnographic data collected between 1997 and 1999, through participantobservationand interviews, inform this study. Findings from this studyreveal three levels of identity transformation as told by members of a smallKhmer village established along the U. S. …

Cyberspace Invades The First Amendment: Where Do We Go From Here?, Dollie Deaton

University of Kentucky Master's Theses

Long before our nation was created, European Countries acknowledged the importance of freespeech. Despite this, Great Britain later denied this right to the New England Colonies. Over thelast two centuries many battles have been fought to make freedom of speech an inalienable right tobe shared by all. A good portion of these battles have been fought in courtrooms. Judge andSupreme Court justices have dealt with issues ranging from what is a public figure to what isindecent speech. Many of these issues are not found in the original text of the Constitution. This hasforced the judges to devise tests to determine …

St. Mary Of Egypt In Bl Ms Cotton Otho B. X: New Textual Evidence For An Old English Saint's Life, Linda M. Cantara

University of Kentucky Master's Theses

Scholarship of the anonymous Old English prose Life of St. Mary of Egypt ranges from source studies and linguistic analyses to explorations of Anglo-Saxon female sexuality and comparisons to saints' lives translated by the monk Ælfric, but all of these studies have been based on either the text extant in BL MS Cotton Julius E. vii or on W. W. Skeat's edition of the Julius manuscript, Ælfric's Lives of Saints (1881-1900). There is, however, an as yet unedited fragmentary copy of the Old English Mary of Egypt in BL MS Cotton Otho B. x, a manuscript severely damaged by fire …

Revision Programming: A Knowledge Representation Formalism, Inna Valentinovna Pivkina

University of Kentucky Doctoral Dissertations

The topic of the dissertation is revision programming. It is a knowledge representation formalismfor describing constraints on databases, knowledge bases, and belief sets, and providing acomputational mechanism to enforce them. Constraints are represented by sets of revision rules.Revision rules could be quite complex and are usually in a form of conditions (for instance, ifthese elements are present and those elements are absent, then this element must be absent). Inaddition to being a logical constraint, a revision rule specify a preferred way to satisfy the constraint.Justified revisions semantics assigns to any database a set (possibly empty) of revisions.Each revision satisfies the …

Crosby And The "One-Voice" Myth In U.S. Foreign Relations, Sarah H. Cleveland

Faculty Scholarship

In Crosby v. National Foreign Trade Council, the Supreme Court invalidated a Massachusetts government procurement statute that barred state entities from doing business with companies that did business in Burma. The plaintiffs, an organization of private companies with foreign operations, challenged the law on constitutional and statutory preemption grounds, arguing that it improperly conflicted with federal foreign relations authority. The Supreme Court limited its holding to implied statutory preemption, finding that the Massachusetts provision improperly compromised the President's ability "to speak for the Nation with one voice." Crosby thus joined a long line of decisions in which the Supreme …

Criminal Theory In The Twentieth Century, George P. Fletcher

Faculty Scholarship

The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …

Do Norms Matter?: A Cross-Country Evaluation, John C. Coffee Jr.

Faculty Scholarship

This Article starts with the recognition that the average private benefits of control vary significantly across countries. But why? The simplest explanation ascribes this variation to differences in law between jurisdictions: for example, the law of jurisdiction X could privilege controlling shareholders by allowing them to extract benefits from their corporation in the form of above-market salaries or non-pro-rata payments in connection with self-dealing transactions. But, this explanation cannot fit all cases. To illustrate, if the substantive law is essentially similar between two jurisdictions while the private benefits of control appear to be significantly different, then some other explanation must …

Segments, Carol Coggin

Master's Theses

Segments is fictionalized memoir structured as eight short stories, or segments of the central character's life. These autobiographical incidents begin in Redding, California, in 1947, when the central character leaves the family farm on her first day of school only to return to face the loss of her innocence. I find it ironic that boys and girls sexually abused by a parent or other family member are not considered incest victims, but incest survivors. Even if one survives the effects of incest, all subsequent perspectives and decisions are colored by loss of trust.

"Praise Raleigh" is told by a third …

Cover And Contents

Turkish Journal of Chemistry

No abstract provided.