Digital Commons Network^™

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

Tax Shelters, Tax Law, And Morality: Codifying Judicial Doctrines, Ellen P. Aprill

SMU Law Review

No abstract provided.

Civil Evidence, Michael W. Shore, Kenneth E. Shore

SMU Law Review

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Personal Torts, David S. Coale, Jennifer Evans Morris

SMU Law Review

No abstract provided.

Alcoholism And The Ada: Divergent Treatment By The Federal Courts, Carrie A. Thornton

SMU Law Review

No abstract provided.

Extinguishing Inheritance Rights: California Breaks New Ground In The Fight Against Elder Abuse But Fails To Build An Effective Foundation, Kymberleigh N. Korpus

UC Law Journal

This Note examines the elder abuse problem in the United States by describing: state responses to its "discovery" in the late 1970s as well as the debilitating reliance upon reporting; the currently available remedies and the hurdles to using those remedies; the ethical challenges to the states' primary abuse prevention tools, and the dramatic explosion in elder abuse that is already underway. Then, this Note describes American descent doctrines, and philosophies underlying exceptions to the doctrinal testamentary freedom and value-neutrality of intestate succession statutes. It proposes the Chinese behavior-based model of inheritance as an alternative inheritance scheme that, with its …

Lying, Misleading, And Falsely Denying: How Moral Concepts Inform The Law Of Perjury, Fraud, And False Statements, Stuart P. Green

UC Law Journal

This Article seeks to describe the relationship between the criminal law and various concepts of deception. Deception is defined as the communication of a message that is intended to cause a person to believe something untrue. Three different kinds of deception are identified: (1) lying (deception that involves an assertion and is literally false); (2) non-lying deception, or mere "misleading" (deception that requires neither an assertion nor literal falsity); and (3) falsely denying (deception that occurs in the context of a person's denying some accusation of alleged wrongdoing). This Article argues that, other things being equal, non-lying deception tends to …

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

UC Law Journal

In the past two decades, researchers have amassed an impressive body of empirical data demonstrating the deleterious impact of exposure to interparental violence on children. Policymakers are now confronted with the question of how society can best prevent children's exposure to domestic violence and assist those children already exposed. A range of policy initiatives aimed at promoting the well-being of exposed children have emerged in the last several years. Whereas some statutory trends have been lauded by a broad range of constituencies, others have engendered substantial controversy. There is particularly vociferous debate about statutes that bring children exposed to domestic …

Values Education Influence On Elementary Students' Self-Esteem, Ron W. Germaine Edd

Dissertations

The purpose of this study is to determine if there was a significant difference in measures of self-esteem between elementary school students to whom specific values were formally taught in their school as part of the curriculum and those who did not receive such instruction. The setting for the study was a school district in Canada that had identified sixteen values through community consensus. The district developed curriculum and lessons for the teaching of these values. A quasi-experimental research design was utilized. The treatment group was taught values as a formal part of their curriculum for a period of four …

Teachings From Cree Elders: A Grounded Theory Study Of Indigenous Leadership, Leona Makokis Edd

Dissertations

For the past two hundred and fifty years, the relationship between First Nations and Euro-Canadians, has shifted from an equal partnership to one of colonized and colonizer. Despite this history, First Nations people have shown resiliency, continuing to honor beliefs, values, and traditions. Constrained by Euro-Canadian government Indian Affairs polices, First Nations have not progressed economically or politically, but have been caught in the trap of administering their own poverty. The First Nations people are dying a slow death; thus, it is critical to examine their current reality, acknowledging that history does not begin with the arrival of the Europeans, …

Changes In Navy Leadership Theory And Practice: Post-Vietnam, Nicholas A. Trongale Edd

Dissertations

Since the Vietnam War, Navy leadership theory and practice has changed, becoming more like current civilian leadership theory and practice than traditional leadership of old. Indicators of this change have been seen in journal writings, the new Navy performance evaluation structure, current Navy leadership training, and by the birth of a Navy Command Leadership School. This study was designed to explore the evolution and recent history of the Navy's leadership theory and practice for indications of change. Combining a qualitative and quantitative methodology, this study used a 5-point Likert-type scale survey that included a written comments section. Over 70% of …

Faculty Perceptions Of Dean Transitions: Does Trust Matter? An Interpretive Case Study Of Organizational Trust And Organizational Culture, Rebecca L. Woolston Edd

Dissertations

This study looked for factors that might have influenced faculty perceptions of new deans at a professional school in the western part of the United States. More specifically, the study explored the question of how organizational trust may have influenced perceptions of new deans and faculty willingness to trust new deans. A single case study used guided interviews as data for the interpretive analysis. The study sought to provide insight into the phenomenon of dean transitions. The study also endeavored to add new dimensions to current conceptualizations of organizational trust and culture by highlighting a previously underexplored but potentially relevant …

Vcu Media Lab, The Grace E. Harris Leadership Institute At Virginia Commonwealth University, Cheryl Al-Mateen, Marcia Carney, Susan Diehl, Laura Jean Moriarty

GEHLI - 2026 VCUL Team Project Publications

We propose the establishment of a VCU Media Lab – a professional creative media technology unit whose mission is to support the development, design, production and delivery of innovative media, multimedia, computer-based instruction, publications and tools in support of VCU education, research and marketing initiatives. This centrally administered, budgeted and resourced facility will acknowledge, refine, focus and expand media services that are currently being provided at VCU in a decentralized manner.

A Concept Paper For A Vcu Social Sciences Initiative, The Grace E. Harris Leadership Institute At Virginia Commonwealth University, Susan Kornstein, Shelly Lane, Allen Lewis, Lydia Thompson

GEHLI - 2026 VCUL Team Project Publications

This project proposes the development of a Social Sciences Initiative at the undergraduate and graduate levels that will provide educational, research and service opportunities for faculty and students. These opportunities are envisioned as interdisciplinary, with a focus on community issues and priorities, and with the potential to create new links among existing educational/research units within the University. The development of a Social Sciences Initiative provides a direct link to the Mission of VCU through several of the Mission’s intents:  “activities that increase knowledge and understanding of the world and inspire and enrich teaching” The Social Sciences Initiative will expand …

Working Partnerships, Partnerships Working, The Grace E. Harris Leadership Institute At Virginia Commonwealth University, Robert Higgins, Catherine Howard, Njeri Jackson, Nancy Scott, Veronica Shuford

GEHLI - 2026 VCUL Team Project Publications

Involvement in community partnerships at Virginia Commonwealth University has its roots in the institution's history. The Medical College of Virginia, founded in1838, and the Richmond Professional Institute, founded in 1917, both sought to extend knowledge into the community to change peoples' lives for the better. Today, the VCU campuses are even more entwined with the City of Richmond -- physically, and increasingly so as a partner in the economic and social challenges and opportunities facing the City.

Taking It Personally: The Role Of Memoirs In Teacher Education, Sharon A. Hollander

Electronic Journal for Inclusive Education

The current popularity of memoirs and book groups is a cue to education faculty. When complemented by discussion groups and writing assignments, memoirs can be used to facilitate the process of inclusion in the schools by teaching both general and special educators about children with disabilities and their families. These works can also promote quality reading and writing, inspire original and insightful responses from students, and foster a sense of community in class. Some advantages and previous applications of this method are described and recommendations for implementation are made.

Faces Of The Holocaust: A Curriculum Guide For Teachers, Challon Roberts, Thomas S. Martin

Dayton Holocaust Resource Center Publications

"Faces ofthe Holocaust" is a unique series of fifteen videotapes created expressly as a classroom resource and curriculum supplement. I began to record these one-of-a-kind stories in 1985 with Wright State University Television Center Initially, there were nine interviews over a three year period, which included painstaking editing. The second part of the series was filmed in 1995, the fiftieth year of liberation, with interviews of five more liberators and one more survivor. The series was directed by K. Roland Knight of Wright State University Television Center. Dr. Thomas Martin and Challon Roberts assisted me in the editing process.

Pictures …

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price

Faculty Articles

This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …

Let The Crawlers Crawl: On Virtual Gatekeepers And The Right To Exclude Indexing, Niva Elkin-Koren

University of Dayton Law Review

Symposium: Copyright's Balance in an Internet World

The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.

Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry

Journal of Criminal Law and Criminology

No abstract provided.

The Mature Minor Doctrine: Do Adolescents Have The Right To Die ?, Ann Eileen Driggs

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Confronting The Reluctant Accomplice, John G. Douglass

Law Faculty Publications

The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …

Reinventing Labor Law For The Global Economy: The Benjamin Aaron Lecture, Harry W. Arthurs

Articles & Book Chapters

No abstract provided.

Job Satisfaction Among Psychologists In A Managed-Care Environment, Walter R. Vyhmeister

Dissertations

The problem. The efforts of managed care to balance resources, cost, and quality of services have created new issues among mental health professionals, affecting their careers and having the potential to affect their job satisfaction. Therefore, the purpose of the study was to investigate how managed care has impacted career satisfaction among professional psychologists.

The method. The present investigation examined 21 factors in the prediction of job satisfaction among licensed psychologists. A sample of 1,000 licensed psychologists located in California, Oregon, and Washington was randomly selected from the National Register of Health Service Providers in Psychology. Three hundred seventeen participants …