Digital Commons Network^™

Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell

Animal Law Review

The emotional bond between humans and their animal companions can be as strong as that experienced between two people, and animal companions are often looked upon and treated as members of the family. When they are wrongfully killed or injured, however, the legal system traditionally has not adequately recognized this important relationship. Instead, recovery has been limited to the market value of the animals. It is time for state laws to explicitly acknowledge the significance of the human-animal companion relationship and codify recovery for such non-economic injuries as emotional distress and loss of companionship. This article examines why damages for …

Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau

Animal Law Review

This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article argues that one can identify features of the eighteenth century debate which illuminate features of today's debate over proposed uses of centrally important legal concepts for some nonhuman animals. Using the comparison for the limited task of highlighting the complex cultural backdrop in each situation, the article suggests that the comparison helps one see the nature …

Dead Dog Running: The Cruelty Of Greyhound Racing And The Bases For Its Abolition In Massachusetts, Erin N. Jackson

Animal Law Review

Under the guise of sport, greyhound racing persists in Massachusetts and sixteen other states, despite the industry's notoriety for animal abuse. The cruel practices employed in greyhound racing, including the culling of litters; the use of live lures in training; the provision of substandard living conditions and care; and the systemic, premature killing of greyhounds bear undeniable likeness to the barbarity perpetrated in the illicit animal fighting sports of bullfighting, dogfighting, and cockfighting. Yet, greyhound racing masquerades in the Commonwealth as an innocuous pastime, even though the industry-wide, calculated refusal to provide care for and consequent killing of throngs of …

Recommendations Of The Joint Conference

Georgia Law Review

Health-care and financial planning for the client with diminished capacity requires a holistic approach that includes consideration of the realities of dementia progression, cultural and linguistic diversity, capacity that may vary over time, issues of surrogate decision making, and recognition of the client's vulnerability to abuse, neglect, exploitation and undue influence. A goal of legal planning should be to limit the use of guardianship to the greatest extent possible.

Dementia And Alzheimer's Disease: An Overview, Peter V. Rabins

Georgia Law Review

Dementia is a syndromic diagnosis defined by three criteria: cognitive decline, multiple impairments, normal level of consciousness. It is an acquired disorder characterized by multiple impairments of cognition (distinct elements of intellectual processing such as memory, abstraction, judgment, and language) occurring in an individual who is fully alert and attentive. It is now known that at least seventy-five distinct diseases can present as this syndrome and that most of these diseases have specific syndromic patterns that allow clinicians to distinguish among them.

Ethics, Ethnicity, And Dementia: A "Culture-Fair" Approach To Bioethical Advocacy In Dementing Illness, Ramon Valle

Georgia Law Review

The aims of this discussion are to twofold. The first is to apply what Post et al. term a cultural lens to bioethical decisionmaking processes in dementing illness.' The second is to assist the ethical advocate to develop a cultural analysis strategy for application of ethical decisionmaking processes within ethnically diverse populations. An assumption made here is that, as human inventions, ethical systems are an extension of culture, taking their imprint from the ethnocultural systems from which they emerge.' It is true that ethical systems and their principles can be widely shared across cultures. Modern bioethics, as promulgated within the …

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 …

Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis

Georgia Law Review

Patients with dementia present difficult issues for health-care decisionmaking. This article addresses the moral and legal issues posed by end of life decisionmaking for such patients. In general, the ethical goals of care are to assure that patients' choices are respected and that patients' best interests are protected. These goals may not always recommend the same decisions about care, however, and there is controversy about how they should be balanced when they conflict. In addition, the law may not always further these goals, nor be as helpful as it could be in resolving conflicts between them. In the bioethics literature, …

Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings

Georgia Law Review

Having Alzheimer's Disease does not make a person evil, but it does sometimes cause behavior that poses a danger to the person with dementia or to others. On what grounds can we justify overriding and restricting the liberty of a person with dementia? How far should such restrictions go? Who should authorize them and who should carry them out, and under what theory? Given that all behavior carries some degree of risk, what level of risk is acceptable? What should society tolerate as a part of the back- ground conditions within which most people conduct their lives? To what level …

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 …

Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser

Georgia Law Review

People in developed countries rank dementia among the most feared threats to human health and life. With an increasing portion of the U.S. population living into the seventh, eighth, and ninth decades, the incidence of dementia is on the rise. So is the incidence of dementia research. In an effort to lighten the burdens on future patients and caregivers, government agencies, pharmaceutical companies, and philanthropic organizations are devoting abundant resources to the study of dementia. Like most human endeavors, dementia research can yield both benefits and harms. On the positive side, research holds out the possibility of better medications and …

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 …

"Sometimes The Road Less Traveled Is Less Traveled For A Reason": The Need For Change In Georgia's Employment-At-Will Doctrine And Refusal To Adopt The Public Policy Exception, Nancy Baumgarten

Georgia Law Review

This Note calls for the adoption of the public policy exception to the employment-at-will doctrine in the state of Georgia. Georgia employees need a viable claim at the state level since federal relief may not always be an option for a Georgia plaintiff. Furthermore, the adoption of this exception is directly in line with Georgia's policies in other areas of law. Finally, since it is the same employers who have placed Georgia in the bottom twenty-five percent of the nation for the highest rate of job discrimination that can terminate Georgia' employees for reasons which violate public policy, the need …

Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein

Faculty Scholarship

Written examinations play a key role in legal education. The LSAT is the most important factor in law school admissions. Once students enroll in law school, exams are used to evaluate and sort first year students. At most American law schools, a single, end of semester or end of year, timed, written, in class exam determines the grade in each first year class.' Although exams continue to play a major role throughout law school, once students are sorted at the end of first year it is often difficult for them to significantly change their place in the law school hierarchy. …

Comparison Of Safety Knowledge Transfer In Employees From Oscar-Ma Yer Davenport Using Computer-Aided And Traditional Methods Of Training Delivery, Barbara L. Durant

Abraham S. Fischler College of Education ETD Archive

Developments in the use of technology in computing and telecommunications have created a demand in the workplace for individuals with advanced sets of skills. Due to these developments there has been an increase in the range of options in training design and delivery. The problem prompting this study was that it was unknown if the computer-aided instruction (CAI) was an effective means to deliver the necessary safety knowledge.

The purpose of this study was to assess the effectiveness of computer-based training (CBT) versus the traditional lecture method. The research hypothesis for the study was; "Is there a significant difference in …

Graduate Recital In Voice, Rebecca Grady

Dissertations and Theses @ UNI

Rebecca Grady, soprano, presented her graduate voice recital on Thursday, April 12, 2001, at 6:00 in the evening in Davis Hall of the Gallagher-Bluedorn Performing Arts Center, on the University of Northern  Iowa campus, in partial fulfillment of the Master of Music degree. Her program included works by Handel, Dvorak, Liszt, and John la Montaine. The recital was presented in collaboration with pianist Korey Barrett. This abstract includes a discussion of the backgrounds and musical highlights of the recital pieces.

Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

The Police Officer As Survivor: The Psychological Impact Of Exposure To Death In Contemporary Urban Policing, Vincent E. Henry

Dissertations, Theses, and Capstone Projects

All human encounters with death, whether they involve a casual contact with the death of another person or the realistic threat of one's own demise, have important psychological consequences that result in new modes of adaptation, thought and feeling. In the course of their duties, contemporary urban police officers frequently encounter the deaths of others and some participate in mortal combat situations that credibly threaten their own lives. The psychological dimensions of police officers' professional exposures to the deaths of others are to a large extent shaped by the specific duties and responsibilities prescribed by their formal task environment, while …

Making Sense| Brand Management In The New Economy, Ken Quinn

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Manufactured Landscapes, Shelly Lynn Truman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

First Words: An Investigation Of The Nature Of Children's First Word Productions, Susan Cummings

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Monitoring Social Conditions In Wilderness: Visitor Carrying Capacity And Isle Royale National Park, Ann Mayo Kiely

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

On The Origins Of Linguistic Structure : Three Models Of Regular And Irregular Past Tense Formation, Benjamin J. Sienicki

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cross-Cultural Studies Of The Esl Classroom : A Bridge Between American And Japanese Classrooms, Tomoe Ito

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bor Minutes 12/11/01, Origin Of The Unm Mission Statement, Board Of Regents

UNM HLC 2018-19 Assurance Argument Evidence

This is the minutes of a Board of Regents meeting on 12/11/01 where the wording of the UNM Mission Statement was articulated and accepted, as well as documenting its origin in a comprehensive, institution wide strategic planning process. Starting on page 142.

Personal Assistance For People With Disabilities: An Exploratory Study, Laura Estetter

Cal Poly Humboldt theses and projects

The qualitative study of psychological and social factors plays a significant role in determining adequacy of assistance, given the interpersonal dynamics of the relationship between care recipient and personal assistant. Assistance rendered out of love and familial duty carries with it different motivational and behavioral factors than assistance rendered for money. Nevertheless, paid personal assistance remains the only viable option for many people with chronic illness and disability who continue to live independently in the community. This study reviews a critical area of disablement literature and policy practice in a capitalist society. While the concept of independent living and community …

Behavioral Inhibition, Social Withdrawal, And Parenting, Kim B. Burgess, Kenneth H. Rubin, Charissa S. L. Cheah, Larry J. Nelson

Faculty Publications

The study of children's social and emotional development requires that attention be paid to such factors as dispositional/biological factors (e.g., temperament), familial interactions and relationships, social contexts (e.g., school, neighborhood), and culture. For example, Hinde (1995) has advanced the notion that development be considered from a multi-level perspective beginning with individual characteristics and progressing the interaction, relationship, and group levels of analysis and conjecture. At the level of the individual child, developmental scientists have studies such constructs as temperament that might lead to problematic social or behavioral outcomes. One such interpersonal characteristic is that of "difficult" temperament – a phenomenon …

Non-Social Play As A Risk Factor In Social And Emotional Development, Charissa S. L. Cheah, Larry J. Nelson, Kenneth H. Rubin

Faculty Publications

Children spend much of their youthful energy engaged in play. Indeed, play, in its various forms, represents a serious business – not only for the active participations, but also for students of the phenomenon. To many researchers, play is viewed as a generative fore in children's social, emotional, and cognitive development (see Rubin, Fein, & Vandenberg, 1983; Saracho & Spodek, 1998; Fromberg & Bergen, 1998). The extent to which children engage in play with others is of added developmental significance. In light of the complexity and developmental significance of children's play and especially play with peers, it seems important to …

Effects Of Liquid Carbohydrate Feeding On Salivary Iga During Exercise In A Heated Environment, Kent C. Hansen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Do Behavioral Biases Affect Prices?, Joshua D. Coval, Tyler Shumway

Faculty Publications

This paper documents strong evidence of behavioral biases among Chicago Board of Trade proprietary traders and investigates the effect these biases have on prices. Our traders appear highly loss-averse. Traders who experience morning losses are about 16 percent more likely to assume above-average afternoon risk than traders with morning gains. This behavior has important short-term consequences for afternoon prices, as losing traders are prepared to purchase contracts at higher prices and sell contracts at lower prices than those that prevailed previously. However, during the ten minutes that follow these trades, prices revert strongly to their earlier levels. Consistent with these …