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How Free Is Florida's Public Education: An Examination Of School Fees In Florida's 67 Counties Public Secondary Schools, Lori Ronan-Khessali

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The primary purpose of this study was to determine if Florida's public high schools provide a free education as defined by Florida's constitution. More specifically, the following issues were analyzed: (a) the extent to which Florida's 67 counties assess user fees in public high schools, (b) the extent to which user fees are represented as voluntary or mandatory, (c) categorization of the 67 counties with respect to consistency of user fees within and between districts, and (d) the relationship between the assessment of user fees location, per-capita income, and percentage of children on free/reduced lunch.

A descriptive survey research procedure …

Non-Predictability Of Abdominal Strength And Function With Trunk Manual Muscle Testing In Patients With Low Back Pain, Eric C. Shamus

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to determine the ability of the Clarkson and Gilewich manual muscle test of trunk flexion and rotation to predict abdominal muscle strength and function in patients with low back pain. In examining movement and function, physical therapists routinely test muscle strength.

The participants consisted of thirty-one adults with complaints of low back pain. For each subject, five tests were conducted. A manual muscle test of trunk flexion and rotation, dynamometer measurement of trunk flexion strength, and lumbar stabilization during a partial curl up and single leg slide were performed. Pearson product correlational statistics were …

The Case Against Same-Sex “Marriage”, Gerard V. Bradley

Journal Articles

Argues that same-sex “marriage” is a logical and practical impossibility and has serious implications for both other aspects of family law and the respect for human life and children in our culture. Asserts that the movement for same-sex “marriage” is a logical outgrowth of our culture’s separation of sex and procreation. Argues that the basis for opposition to this movement may be the residual reservoir of traditional understanding about marriage in the American public.

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Journal Articles

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …

Evaluation Of Accounting Software Tailored For Farming Operations, Chad Peder Lee

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Meet The Artist| Art From Illumination And Reverie, Janet R. Potts

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Positive Perfectionism In Sport, Tammy Olson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Synaesthesia And The Visualization Of The Senses, Caroline M. Peters

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Early Childhood Transitions, Constance Lehman, Eileen M. Brennan, Barbara J. Friesen

School of Social Work Faculty Publications and Presentations

In order to provide the best opportunities for children with special emotional needs and behavioral challenges to successfully adjust to kindergarten, professionals and family members need models of support that address policies, staff and family training and partnerships, and individual child-focused services. Moreover, transition must be conceptualized as a process that occurs over time, not as a short term move from one environment to the next. In this article, we discuss a conceptual framework for transition support models for young children with disabilities and their families. We then highlight important transition components identified in the literature and those included in …

The Dynamic, Emergent, And Multi-Phasic Nature Of On-Site Wilderness Experiences, William T. Borrie, Joseph W. Roggenbuck

Society and Conservation Faculty Publications

Feelings and cognitions of leisure may not only be dynamic during the course of the total outdoor recreation engagement, they may be dynamic, emergent, and multi-phasic during the on-site phase. Experience Sampling Method data were collected from a sample of wilderness visitors multiple times during a visit to the Okefenokee National Wildlife Refuge. Four modes of environmental experience (focus on self, others, task, and environment) and four aspects of wilderness experience (a combined oneness/primitiveness/humility variable, timelessness, solitude, and care) were measured. Univariate and multivariate repeated measures analyses demonstrated significant change from the entry, through immersion, to the exit phases of …

Approaches To Measuring Quality Of The Wilderness Experience, William T. Borrie, Robert M. Birzell

Society and Conservation Faculty Publications

Wilderness is a special place that provides opportunity for unique and profound experiences. An essential task for the maintenance of these recreational opportunities is the definition and monitoring of experience quality. Four approaches to the measurement of the wilderness experience have developed in over 30 years of research: satisfaction approaches (which focus on evaluation of onsite conditions), benefits-based approaches (focusing on psychological outcomes), experience-based approaches (describing cognitive states experienced in wilderness), and meanings-based approaches (documenting socially constructed meanings ascribed to the experience). Each approach has its strengths and weaknesses. Given that the wilderness experience is a multifaceted phenomenon, it is …

Concert Recording 2001-03-02, Katy Mcmasters, Mary Scott Spry, Megan Ballif, Reece Conrad, Sally Wall, Lia Uribe

Concert Recordings & Programs

Concerto for horn, op. 91 / Rienhold Gliere -- Sonata for horn and piano, op. 17. Allegro moderato. Poco adagio, quasi andante. Rondo / Ludwig van Beethoven -- What did you do today at Jeffey's house? / Peter Schickele -- Aires tropicales for woodwind quintet. Vals venezolano. Contradanza / Paquito D'Rivera

Concert Recording 2001-10-30, Jonathan Stewart, Steve Cooper, Denise Edds, Gregory E. Turner, Thomas Lippert, Bradley L. Herndon, David Saladino, Henry Runkles, Crowder College (Neosho, Mo.). Chorale, Northwest Arkansas, Community College. Chamber Singers, Garland County Community College (Garland County, Ark.). Mid-America Singers, Fort Scott Community College (Kan.). Concert Choir, Westark College. Concert Choir, Allen County Community College (Kan.). Concert Choir, University Of Arkansas, Fayetteville. Schola Cantorum

Concert Recordings & Programs

Disc 1: Three songs of nature. Lebenslust. The forest. River running free / Schubert, arr. Spevacek -- So ben mi ch'ha bon tempo / Estes -- My bonnie lass / Morley, arr. Robinson -- The water is wide / arr. Schram -- Simple gifts / arr. Leavitt -- Sospiri / Elgar, arr. Slocum -- Seasonal songs / Lloyd Pfautsch -- Tell me thy vision -- Ev'ry time we say goodbye / Cole Porter, arr. Mac Huff -- Job's got nothing on me / Steve Cooper -- Hodie / John Leavitt -- Ave Maria / Keating -- Praise his holy name …

The Effects Of Hamilton's Power Writing Strategy On The Writing Test Scores Of Fourth-Grade Hispanic And Haitian Esol Students, Ann Elizabeth Jackman

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The writing test scores of linguistically and culturally diverse students in Southeast Florida have been consistently lower than those of mainstream students. This quantitative, experimental study investigated the effects of the Power Writing (Hamilton, 1997) strategy on the writing test scores of fourth-grade Hispanic and Haitian ESOL students. Four null hypotheses were tested: (a) There is no significant difference between the pretest and posttest scores of the experimental group. (b) There is no significant difference between the posttest scores of the experimental and control groups. (c) There is no significant difference between the scores of the Hispanic and Haitian students. …

The Relation Of Anxiety Sensitivity And Coping Strategy To Carbon Dioxide-Induced Anxious And Fearful Responding., Adam Peter Spira

Graduate Theses, Dissertations, and Problem Reports (ETD)

The present study examined hypotheses regarding the relations among anxiety sensitivity (AS), coping strategy, and anxious responding to a 10-minute inhalation of 10% CO2-enriched air. Elevated scores on several subscales of the Anxiety Sensitivity Index - Revised (ASI-R) predicted CO2-induced panic symptoms. In addition, avoidant coping strategies were predictive of CO2-induced anxious and fearful responding. A composite of subscales from the COPE Inventory predicted aspects of challenge-induced anxiety that were not predicted by the ASI. Although results support contemporary models of panic disorder, our findings also indicate that AS may not be as important to the development and maintenance of …

Intent To Use: A Failed Experiment?, Amy B. Cohen

Faculty Scholarship

When Congress enacted the Trademark Law Revision Act of 1988 ("TLRA"), it made the first truly radical change in trademark law since the passage of the Lanham Act in 1946. By adding Section 1(b) to the Lanham Act allowing applications for federal trademark registration to be based on an intent to use the mark, Congress for the first time provided a way to apply for federal trademark registration before actual use of a trademark. Congress made this change to bring United States law into closer conformity with the practice elsewhere in the world where use is not a prerequisite to …

Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn

Faculty Scholarship

The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.

The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin

Faculty Scholarship

All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney

St. Mary's Law Journal

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …

Internet Property Rights: E-Trespass., John D. Saba Jr.

St. Mary's Law Journal

Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …

Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov

Case Western Reserve Journal of International Law

No abstract provided.