Digital Commons Network^™

Fundamentals Of Speech, Steelman Library, Wade B. Mumm

Syllabus Repository

No abstract provided.

The Campus Crime And Security Report, V. 5 (Fall 2000), Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Gray Scale Sonography Of Breast Masses In Adolescent Girls, Keith A. Kronemer, Kyung Rhee, Marilyn J. Siegel, Laura Sievert, Charles F. Hildebolt

Open Access Publications

No abstract provided.

Conjoined Twins: The Limits Of Law At The Limits Of Life, George J. Annas

Faculty Scholarship

Conjoined twins have been the subject of scientific exhibits, medical study, human curiosity, and even entertainment, but until the year 2000, conjoined twins had never been the subject of a courtroom battle. A unique case that was the subject of two British court decisions deserves study.1 The case illustrates the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions for children — particularly when parents and physicians disagree about what should be done.

The Theory Of Tort Doctrine And The Restatement Of Torts, Keith N. Hylton

Faculty Scholarship

The lack of detailed implications and general failure to come to grips with important features of tort doctrine have been substantial shortcomings in the dominant positive theory framework of Holmes and Posner. I extend the dominant framework below to enable it to justify various intentional tort doctrines, and the specific form and allocation of strict liability rules within tort law. After developing the positive framework, I apply it to the Restatement (Third) of Tort Law. The theory explains many of the detailed provisions and commentary of the Restatement, and identifies one area in which the Restatement (Third) seems inconsistent with …

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Faculty Scholarship

The Internet transcends boundaries and time, reduces and shifts the cost of receiving and disseminating information. It poses unusual pressures of change on the common law. Internet jurisprudence demonstrates the vitality of the common law, yet highlighted its limitations. The Article describes how the common law addresses Internet issues and the relationship of judicial cases and congressional actions. The Article praises common law system of "muddling through," evolving piecemeal, addressing particular conflicts, not always uniformly nor predictably. This is lawmaking for the risk-averse, reducing the risk and cost of correcting big mistakes. The price: higher learning costs and fewer clear, …

Antitrust Intent, Ronald A. Cass, Keith N. Hylton

Faculty Scholarship

Many legal rules turn on a party's state of mind or intent with respect to some action or consequence. Legal scholars have long debated the contours of such requirements and the sorts of proof required for them. Intent has been an especially controversial issue in antitrust law. This paper provides a theory of legal standards that explains the role of intent analysis in antitrust and in other areas of the law. We argue that intent requirements, and many other legal rules, can be understood by focusing on the goal of minimizing the expected costs from legal errors. After developing a …

Is Virtual Trespass An Apt Analogy?, Maureen A. O'Rourke

Faculty Scholarship

Legal doctrine often evolves both more slowly than the conduct and the technology it is intended to regulate and by analogy. When parties argue that previously unheard-of behavior should generate some legal response, the relevant institution often seeks guidance from past experience. Earlier decisions addressing a specific actual context give some confidence that applying the legal rules from these prior situations to the new fact pattern will produce a sensible result. But principles developed to deal with one set of facts can only imperfectly fit another. This imperfect fit often becomes more evident over time, sometimes raising the question of …

Researching International Environmental Law, Ronald E. Wheeler

Faculty Scholarship

Question: I would like to use the Internet to research issues involving international law, specifically international environmental law. How can I access relevant information quickly if I have very little information to begin with?

Primes: Identification, Generation, And Application, Andrea Leigh Dunn

Honors Theses

In a world of fast-paced living and information exchanging, we of the 21st century are faced with problems new and old. Among some of the new problems of our age is that of protecting our privacy in the realm of electronic information exchange. Protecting e-mail, medical records, credit card accounts, and other sensitive information is of great importance to all participants in the wired world. The business of e-security is booming as we realize the importance of protecting information as we do our tangible assets. In this aim, those in the business of securing online information call upon an area …

Specificity Of The Social Interaction Self-Statement Test In Social Phobia, Carolyn Becker, N. Namour, Claudia Zayfert, M. T. Hegel

Psychology Faculty Research

The specificity of the Social Interaction Self-Statement Test (SISST) was evaluated in sample of 277 patients seeking treatment for anxiety. Both the positive and negative scales significantly discriminated between patients diagnosed with social phobia and other anxiety disorder patients. Patients with social phobia scored significantly higher on the negative scale and significantly lower on the positive scale as compared with other treatment-seeking anxiety disorder patients. Negative SISST scores were significantly correlated with the Beck Anxiety Inventory (BAI) and Beck Depression Inventory (BDI). The positive scale was significantly correlated with the BDI. Despite this relationship, differences in BAI and BDI scores …

An Explanation And Illustration Of The Importance Of Infinite Series In Mathematics, Allison Walker

Honors Theses

The purpose of this work is to first, explore exactly what an infinite series is, and second, to explain the importance of infinite series is, and second, to explain the importance of infinite sries in the everyday calculations of mathematicians, scientists, and engineers. In investigating this topic, I researched the development of infinite sries as well as how Taylor and Mclaurin series are derived. I then considered many different problems containing intractable functions. In the consideration of these problems I was able to explore the usefulness of infinite series in solving these intractable problems. The conclusion of this research was …

Congressional Power To Require Dna Testing, Larry Yackle

Faculty Scholarship

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.

Non-Compete Obligations Of Departing Star Partners And The Right Of Clients To Their Continued Services, Tamar Frankel

Faculty Scholarship

The interests of advisers and their clients may conflict in unexpected ways. One such situation arises when the adviser’s partners or managers (portfolio managers) sign a non-compete agreement with the adviser and later, when they leave, are sought after by clients who wish to continue the relationship. The case is clear if the departing portfolio manager solicits the clients of the adviser in violation of its non-compete undertaking. The case is less clear when the clients wish to follow the departing portfolio manager and press to engage her in violation of the non-compete undertaking. The conflict here is between the …

The Managing Lawmaker In Cyberspace: A New Power Model, Tamar Frankel

Faculty Scholarship

This paper is about the power of The Internet Corporation for Names and Numbers (ICANN). It examines how this power was created, augmented, strengthened, and reigned in. ICANN poses a puzzle. It is essentially an unregulated and undemocratic monopoly. Yet, ICANN's exercise of power has been fairly contained. Since ICANN is a monopoly, what prevents it from taking a far more high-handed and extensive ruling posture?

Even though at first blush my analogy is counterintuitive, I analogize ICANN to a managing lawmakers of market infrastructures, such as the New York Stock Exchange, while recognizing their differences. Unlike theExchange, ICANN has …

Quality Control, Enterprise Liability, And Disintermediation In Managed Care, John V. Jacobi, Nicole Huberfeld

Faculty Scholarship

The authors examine the potential of enterprise liability for managed care organizations in light of current health-care finance realities. They conclude that, despite the recent trend toward more loosely structured managed care organizations, such as disintermediated or patient-directed plans, plan-based enterprise liability best serves the goal of reducing medical injury by permitting a focus on entities with sufficient scope to translate liability pressure into support for systemic risk-reduction measures. Advancing plan-based enterprise liability in an era of disengaged managed care organizations will require an extension of tort liability to firms with little control but much influence over their business partners.

Tying Law And Policy: A Decision-Theoretic Approach, Keith N. Hylton, Michael Salinger

Faculty Scholarship

This paper offers a decision theoretic framework for analyzing tying law, and presents a critical assessment of post-Chicago tying theory. The decision theoretic framework takes into account the likelihood of judicial error in the application of rules and the costs of such error. We use the decision theoretic framework to assess the proper legal rules regarding tying and technological integration. Three general themes run throughout much of our analysis. First, the per se rule against tying simply has no economic foundation. Second, while the post-Chicago literature established the theoretical possibility of anticompetitive tying, one must know the frequency of anticompetitive …

Slouching Toward Managed Care Liability: Reflections On Doctrinal Boundaries, Paradigm Shifts, And Incremental Reform, Wendy K. Mariner

Faculty Scholarship

Following the seemingly endless debate over managed care liability, I cannot suppress thoughts of Yeats’s poem, “The Second Coming.” It is not the wellknown phrase, “Things fall apart; the centre cannot hold,” that comes to mind; although that could describe the feeling of a health-care system unraveling. The poem’s depiction of lost innocence — “The best lack all conviction, while the worst/Are full of passionate intensity” — does not allude to the legislature, the industry, the public, or the medical or legal profession. What resonates is the poem’s evocation of humanity’s cyclical history of expectation and disappointment, with ideas as …

Pastoral Visitation Of The Sick: Reflections Of A Japanese Pastor, Kazuhito Yamada

Theses and Dissertations (Comprehensive)

This project was designed to show the importance of the pastor’s role and actions in visiting the sick. The study is focused mainly on pastoral visitation to hospitalized patients. Interpreting the written texts of pastoral theologians and the research reports on pastoral care and practice in professional journals. I consider the pastor‘s important role as the representative of God and the symbolic nature of the pastor's role. On this basis, I discuss the pastor‘s actions in visiting the hospitalized patients. Prayer, a ministry of presence, and listening are the significant pastoral actions to the patients. In considering the patients’ satisfaction …

Is Tolerance Enough? One Christian's Perspective, Mario Daniel Sassi

Theses and Dissertations (Comprehensive)

Tolerance is an ever-evolving discussion growing in complexity and importance. This paper will approach the topic from a personal perspective and a Christian bias. We begin with tolerance as seen in retrospect through the eyes of a boy growing up in a town where people of many different cultures lived and worked together. Many things came out of that experience including rudimentary working definition of tolerance and how it affected life in that small town. Tolerance is made up of certain characteristics and these either add or detract from the quality of life, it can make life more bearable in …

The Development Of A Strategic Continuous Improvement Process Implementation Guide For The North Carolina Department Of Administration, George E. Millsaps Jr.

Abraham S. Fischler College of Education ETD Archive

The North Carolina Department of Administration (DOA) is under pressure by the North Carolina legislature and governor's office to increase both the quality of services provided, and decrease the cost of providing services. The pressure is on mission expansion, reduction in the number of positions, and limiting budgetary growth primarily to cost of living increases in salary.

The leadership of the department knows of no other reasonable way to respond to these pressures except through the implementation of continuous improvement or total quality management (TQM). However, the department has attempted to implement quality initiatives four times in the past with …

Evaluation Of The Usage And Effectiveness Of Computer Assisted Instruction In Basic Skills Remediation At The East Los Angeles One Stop Career Center, Rex Steffey

Abraham S. Fischler College of Education ETD Archive

The problem for investigation encompassed three domains that identified the One Stop Career Center's (OSCC) remedial programs, the ability of its clients to enter federally funded job training programs, and clients' success in the programs they entered. Another facet of the study examined whether OSCC was using its current instructional software effectively in client remediation. The purpose of the project was to evaluate the use and effectiveness of computer assisted instruction (CAI) in basic skills remediation.

Four research questions guided the study. First, "Does the center's basic skills remediation program prepare clients to enter federally funded job training programs?" Second, …

Development Of A Two-Year Diploma Nursing Program That Includes A Career Mobility Track And Plans For Implementation And Evaluation To Replace A Three Year Program, Rosemary E. Saunders

Abraham S. Fischler College of Education ETD Archive

Southside Regional Medical Center (SRMC) in Petersburg, Virginia had experienced an increased demand for registered nurses because of growth in the population of its service area and a decrease in the number of graduates from its nursing program. The three-year hospital-based diploma nursing program had a decrease in the number of applicants to the school and an increase in attrition of enrolled students. The purpose of the project was to develop a two-year hospital-based diploma nursing program that included an educational track for career mobility and plans for implementation and evaluation from the current three-year program.

The development research methodology …

Development Of A Pediatric Specialization Track In The Occupational Therapy Program At College Misericordia, Lalit J. Shah

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was that there were no classes offered that culminated into a specialization track in the occupational therapy (OT) curriculum. The purpose of this applied dissertation project was to develop a specialization track in pediatrics in OT curriculum at College Misericordia that would provide students with multiple options to complete their educational requirements and also provide specialized training.

There were four research questions for this study: ''What are the advantages of a specialization in pediatrics at College Misericordia?" "What are appropriate components to be included in the development of a specialization program in pediatrics at College Misericordia?" …

Two Instructional Approaches - The Electric Maze And The Direct Instructional Model-For Teaching At- Risk Kindergarten Students Alphabet Letter Names, Sherry Marie Jack

Dissertations and Theses @ UNI

This paper compares the effectiveness of two instructional approaches for teaching the names of alphabet letters to 5 and 6 year-old elementary students who were at risk for academic failure. The literature review examines investigations which had previously addressed the direct instructional model and parameters of active learning. In this context, a variety of perspectives regarding active learning are reviewed followed by a finer examination of self-corrective materials which was a unique component of the active learning paradigm used in this investigation. Nine (N = 9) elementary children were taught the names of five randomly chosen letters (upper and lower …

Using Bibliotherapy To Increase Sharing In A Kindergarten Classroom, Carla Marie Eich

Dissertations and Theses @ UNI

The use of bibliotherapy with children as it relates to sharing behaviors is the focus of this study. The investigation examined whether reading books to children about sharing would increase sharing behaviors in a classroom. Previous work completed in this area reported positive results. This study sought to replicate and expand upon existing work to determine if bibliotherapy is a u 1 able classroom intervention to increase sharing behaviors. The following three hypotheses were made for this study: 1. Following treatment, the number of sharing behaviors of the experimental group will be significantly more than at baseline. 2. The experimental …

Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love

Articles

No abstract provided.

Development Of A Strategic Plan To Integrate Leadership And Management Concepts Throughout Frankford Hospital School Of Nursing Curriculum With Plans For Implementation And Evaluation, Jo Ann Runewicz

Abraham S. Fischler College of Education ETD Archive

The problem is that a gap exists between the Frankford Hospital School of Nursing (FHSN) curriculum design, increased National Council Licensure Examination for Registered Nurses (NCLEX-RN) passing standards, and the revised NCLEX-RN examination that has integrated leadership and management concepts. The FHSN curriculum design does not adequately prepare students to address leadership and management concepts that are being tested on the NCLEX-RN.

The purpose of this project was to develop a strategic plan to integrate leadership and management concepts throughout the FHSN curriculum. A plan for implementation and evaluation was also developed. The following five research questions were addressed: (1) …

The Use Of Cooperative Learning Strategies To Effect Changes In The Level Of Participation In Social Studies Option Classes Of Pre-Service Teachers, D. Norma Fisher

Abraham S. Fischler College of Education ETD Archive

The purpose of this applied dissertation was to involve pre-service teachers who took courses in the Social Studies Option, in a program of cooperative learning activities in an effort to increase their participation in the learning process. The library and other resources that were needed to facilitate students' independent learning were inadequate. The students relied on note-taking from lectures, and those notes were repeated in written assignments and also memorized and repeated in written examinations. Although Internet linked computers were available; they were inadequate to meet the needs of the college community. Twenty-five Social Studies Option Students were able to …

School Playground Supervision Practices In The State Of Iowa, Heather Marie Bauer

Dissertations and Theses @ UNI

The purpose of this study was to investigate what types of playground supervision practices were being performed in Iowa public elementary schools. More specifically this study included the following research questions:

1. What is the typical public elementary school in Iowa? 2. Do schools in Iowa have playground supervision plans?
3. Who supervises the children?
4. Do schools require the supervisors to have playground safety training?
5. Do schools perform a regular maintenance check on their playground?

A questionnaire was designed to answer the research questions posed in this study. The questionnaire was reviewed by a panel of experts for …