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Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane

Osgoode Hall Law Journal

Discussions regarding the appropriate ethical behaviours for mediators and the subsequent development of formal codes of conduct have focused on hallmark issues such as third party impartiality and party self-determination. However, in an informal process, ethical choices are inherent in every intervention made by a mediator. In adopting the standard-setting approach of an adjudicative model, mediator codes of conduct are a poor fit with the conceptual and structural characteristics of this fluid, uncertain, and essentially private process. Confining the substantive and conceptual debate over mediation ethics to formal codes dangerously underestimates both the scope and the significance of choices faced …

Theft Of Time: Disciplining Through Science And Law, Laureen Snider

Osgoode Hall Law Journal

This commentary traces the genealogy of "theft of time," a newly discovered offence committed by employees against employers. A Foucauldian perspective is used to examine how truth claims from science, technology, and law constitute categories through which groups are sorted, classified, and censured: the processes of naming, blaming, and shaming. This commentary argues that to understand why some truth claims are heard and acted upon, while others are ignored or silenced, it is necessary to link the power/knowledge nexus to political economy, the structural dominance of capital, and the power relations thereby created and reinforced.

Facing The Urban Future After September 11, 2001, Richard Briffault

Faculty Scholarship

In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …

Religious Syncretism As A Factor Ensuring Economic And Social Security In The Country, Yevhen Kharkovshchenko, Vitalii S. Nitsenko, Eugene Piletsky, Mariia Nesterova

Occasional Papers on Religion in Eastern Europe

The article points out the potential of religious syncretism to ensure the political, social and economic security of Ukraine. The interpretation of religious syncretism not only as a sociocultural phenomenon, but also as a process of formation of this phenomenon is substantiated. The study singled out the stage of interfaith dialogue from the process of religious syncretism, which should form the basis for mutual understanding of faiths. This stage is considered as a multi-level communication of churches with separate structural directions, including the communicative direction of the denomination-society, in particular, the issue of economic and social security, and interfaith communication. …

Introduction To Radio Production, Steelman Library, Wade B. Mumm

Syllabus Repository

No abstract provided.

A Comparison Of Louisiana Secondary Career And Technical Teachers And Academic Teachers On Learning Type And Perception Of School Climate, Tracy Andries Beard

LSU Doctoral Dissertations

The purpose of this study was to investigate the relationship between Louisiana public secondary school teachers' primary learning type and teaching area; and the influence of learning type and teaching area on the teacher's perception of school climate. A total of 293 Louisiana public secondary school teachers participated in the study. An instrument with three parts was used to collect data for this study: demographics, Learning Type Measure and Organizational Health Inventory. Over two-thirds of the respondents were female. Mean age was 43 years and mean teaching experience was 16.41 years. Over three-fourths of respondents were white while over 50% …

Infertility And Marital Adjustment: The Influence Of Perception Of Social Support, Privacy Preference And Level Of Depression, Margaret Haviland Maillet

LSU Doctoral Dissertations

The purpose of this study was to investigate the influence of perception of social support, privacy preference and level of depression on marital adjustment for couples presenting for infertility treatment. Data was obtained from three infertility clinics in Louisiana from January 1, 2001 through October 1, 2001. Forty-seven couples presenting for infertility treatment completed four questionnaires measuring marital adjustment, perception of social support, privacy preference and level of depression. Demographic and descriptive information was gathered from an information sheet completed by the subjects. Multiple regression analysis was used to determine which, if any, of the independent variables predicted the dependent …

Texas V. Cobb: A Narrow Road Ahead For The Sixth Amendment Right To Counsel, Beth G. Hungate-Noland

University of Richmond Law Review

Raymond Cobb stabbed sixteen-month-old Kori Rae Owings's mother in the stomach while he was attempting to steal the stereo from their home. He then took the mother's body into the woods behind the house.

Lawyer Advertising And The Philosophical Origins Of The Commercial Speech Doctrine, Ronald D. Rotunda

University of Richmond Law Review

The topic of lawyers advertising for clients seems prosaic enough, but it is really a subset of a much larger, more theoretical question. What Americans think about the Constitutional right of lawyers to advertise and market their services both reflects and molds what we think about the right to be left alone. In 1928, Justice Brandeis, in his famous dissent in Olmstead v. United States, wrote that our Constitution "conferred, as against the Government, the right to be left alone-the most comprehensive of rights and the right most valued by civilized men." Justice Brandeis did not speak in a vacuum; …

Meeting By Signals, Playing By Norms: Complementary Accounts Of Nonlegal Cooperation In Institutions, Edward Rock, Michael Wachter

University of Richmond Law Review

Professor Eric A. Posner has written a fascinating book about "Law and Social Norms." In it, he uses an informal signaling model (derived from Michael Spence's formal model) to explain a wide range of striking social behavior, and to show underlying connections among apparently disparate phenomena. Looking at topics as dissimilar as gift giving, family law, criminal law, voting and political participation, and commercial practice, he argues that much of observed social behavior can be understood as the result of attempts to signal that one is a good cooperator.

A Study Of Two Leadership Styles And School Cultural Norms In Small Middle Schools, Deborah Evans Marks

Theses and Dissertations

The purpose of this study was to explore and compare small, public middle school principals’ and middle school teachers’ perceptions of the leadership style exercised by principals in these schools. The study also investigated the relationship between the principals’ and teachers’ perceptions of the principals’ leadership style as well as the principals’ and teachers’ perceptions of the presence of the 14 school cultural norms in their school cultures.

The sample used in this study included building principals and their instructional staffs from 32 small, public middle schools across the Commonwealth of Virginia. Onsite visits were conducted by the researcher to …

Internet Gambling: Should Fantasy Sports Leagues Be Prohibited?

San Diego Law Review

This Comment will examine fantasy sports leagues as a form of gambling. Part II considers various federal restrictions on gambling. State perspectives on gambling are addressed in Part III. Policy arguments are presented in Part IV, and practical issues are explored in Part V. Part VI concludes that Internet fantasy sports leagues violate gambling prohibitions. Finally, the Appendix sets out the gambling laws of each state.

California's Duty Of Confidentiality: Is It Time For A Life-Threatening Criminal Act Exception?, Kevin E. Mohr

San Diego Law Review

In August 2001, the House of Delegates of the American Bar Association (ABA) voted in favor of a revision to the duty of confidentiality contained in the ABA's Model Rules of Professional Conduct, a set of ethics rules that has been adopted in some form by over forty states. Specifically, the House voted to broaden the exception in Model Rule 1.6 that permits a lawyer to reveal confidential information of the client to the extent the lawyer reasonably believes

necessary to prevent likely death or substantial bodily harrn.

It is

uncertain whether that vote will have any effect on the …

A Rawlsian Approach To Solving The Problem Of Genetic Discrimination In Toxic Workplaces, Robert A. Bohrer

San Diego Law Review

The Human Genome Project (HGP) may well be the beginning of a technological leap that rivals the advent of the Industrial Age.2 The principal goal of the project is to map and fully sequence3

the twenty- four chromosomes that contain the complete genetic contents of a

normal human cell. The human genome consists of twenty-two pairs of chromosomes plus the X and Y chromosomes that determine gender.4 As would be expected for such a technologically adventurous undertaking, the HGP has been accompanied by a substantial outpouring of concern about the ethical, legal, and social issues that will arise from this …

Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro

San Diego Law Review

This Article outlines some of the moral, legal, and general policy difficulties that societies and individuals will face if technological enhancements via germ line and somatic mechanisms become possible. It identifies and analyzes some of the conceptual structures necessary to explain the nature of these difficulties, suggests some alternative basic scenarios—such as greater or lesser scarcity of technological enhancement resources, impacts on how we perceive each other, and different remediation patterns—and then maps and reverse maps the projected technological developments against the value and legal structures. This Article also describes and comments on what may seem to be, from our …

Reasonable Expectations And The Erosion Of Privacy, Shaun B. Spencer

San Diego Law Review

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract or (at least in theory) expand in accordance with changing social expectations. This expectation-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is …

Unbuckling The “Chemical Straitjacket”: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman

San Diego Law Review

The

pharmacotherapeutic properties of antipsychotic medications— their actions, therapeutic uses, benefits, adverse effects, contraindications, and risks—are quintessentially medical topics, even when the situations and contexts in which doctors prescribe or recommend their use raise legal questions. Frequently, however, the legal database (that is, published opinions, legislation, regulation, and law review articles) is the principal or sole information source cited and consulted by lawyers, judges, and scholars who write about these drugs and make decisions concerning the persons that may have to take them. What often results is the perpetuation of mistaken, outdated, distorted, biased, contradictory,

or just plain foolish ideas …

An Examination Of Collaborative Practice In Anesthesia Care Team Settings And Occupational Stress In Nurse Anesthetists, Steve Louis Alves

Open Access Dissertations

The purpose of this study was to provide a comprehensive understanding of the nature of certified registered nurse anesthetist (CRNA) scope of practice (SOP), collaboration with anesthesiologists in anesthesia care team (ACT) settings, and occupational stress. A critical philosophy viewpoint serves as a broad perspective in understanding the depiction of domination and conflict between CRNAs and anesthesiologists in ACT environments. The theoretical basis for this study was derived from the quality of nursing practice framework, with an elaboration of the process component to examine CRNA's scope of practice, collaboration between CRNAs and anesthesiologists, and role-related occupational stress. A mailed survey …

Breast Cancer Experiences: Women's Reflections Years After Diagnosis, Margaret Barton-Burke

Open Access Dissertations

Many women diagnosed with breast cancer m the last decade are either living with active treatment for the disease or are classified as cured but living with the sequelae of the disease or treatment. Most research has been on the physical aspects of the disease and conducted during or immediately after active treatment. Information beyond the physical dimension of women's experiences is small and narrowly focused, and research beyond 5 years is almost nonexistent. A full depiction of the multidimensional nature of being diagnosed with, treated for, recovering from, and living with the aftermath of breast cancer is lacking. The …

Peer Group Instructional Conversation: Collaboration In Context, Linda Greene Capalbo

Open Access Dissertations

American schools traditionally have reflected and promoted societal values of autonomy and independence in the development of the individual child. This limited perspective on how humans come to know focuses on the accrued cultural capital of each learner and neglects the role of 'the other' in the construction of meaning. Such a view can be especially debilitating for students who have been identified as marginal learners. This study examines how social interaction organizes participation opportunities and strategies for members of a peer learning group, including a student designated language learning disabled. The study documents the development and negotiation of individual …

An Exploratory Study Of The Effects Of A Training Program On The Ability To Prepare A Breakfast Meal By Clients With Mild Alzheimer's Disease, Alicia J. Curtin

Open Access Dissertations

Alzheimer's disease (AD) is characterized by the insidious onset of an array of cognitive deficits that progress over time and lead to changes in an individual's ability to even perform simple tasks, such as preparing meals. Recently, researchers have demonstrated that clients with mild AD have preserved procedural memory function despite significant cognitive deficits. Procedural memory is an automatic, unconscious process, requiring practice and repetition to activate the particular structures involved in learning tasks. Skills training is a strategy using repetition and practice to enhance the client's ability to perform a certain task. An exploratory design using direct observation and …

An Exploration Of The Nature Of Nursing Practice Related To The Presence Of Visitors In The Critical Care Setting, Mary E. Mcginn Farrell

Open Access Dissertations

The need for and importance of visiting hours for relatives of critically ill patients has been well documented and passionately debated in the nursing literature for many years. Nurses tend to be the primary gatekeepers in the ICU yet little empirical knowledge exists related to the phenomenon of visiting from the perspective of the bedside nurse. A three-phase qualitative research investigation was undertaken with eight critical care nurses identified by managers as being experts at working with families. Data were gathered using participant observation, interviews and document review. Three research questions guided this investigation: (1) How do expert nurses incorporate …

The Nature Of Infant Relinquishment As Described By Two Voices: The Relinquishing Mother And The Obstetrical Nurse, Linda Jean Kobokovich

Open Access Dissertations

Little is known about the relinquishment experience and nursing interventions for infant relinquishment. The purpose of this study was to first, describe in the birth mother's voice, the relinquishment experience and her perception of nursing interventions, while second, creating an inventory of nursing interventions. Kim's (2000) Practice Domain provided the theoretical background. This two-phase study used an inductive, qualitative approach and employed a mixed method design of semi-structured interview and focus group interview. The interview was crafted upon the interview style of McCracken (1988) and Spradley (1969) while focus group methodology as detailed by Morgan (1993, 1996) guided the second …

A Participant Observation Study Of Experienced Nurses' Presence In Daily Care, Paulette Anne Osterman

Open Access Dissertations

As important as presence is to nursing, it often lacks conceptual clarity and systematic empirical observation in nursing practice. However, in the few qualitative studies with presence as a focus researchers have not considered both nurse and patient in interaction in present time nor included the nature of the patient's perception of the nurse's presence. In an earlier project in a long-term care setting, nurses were observed to be present in more than one way (presence, partial presence, full presence, and transcendent presence). In addition, nurses' employed presence for assessing impending health care changes early in the shift, and used …

Life History Dynamics Of Nudibranch Sibling Species In The Genus Dendronotus In The Gulf Of Maine, Chad Gordon Sisson

Doctoral Dissertations

Two different larval types have been described for the nudibranch Dendronotus frondosus (Ascanius, 1774) in the Gulf of Maine. A taxonomic review of adults with planktrophic larvae and those with lecithotrophic larvae revealed regular differences in radula morphology, and no predictable differences in the reproductive system. These data and previous data on a behavioral reproductive isolation mechanism suggest a new species designation for populations of Dendronotus with lecithotrophic larvae. Laboratory studies were used to compare the larval dispersal potential of the two types of Dendronotus. D. frondosus planktotrophic larvae had a potential planktonic period of approximately 11 weeks at 10°C …

The Availability Heuristic In Judgments Of Research Findings: Manipulations Of Subjective Experience, Michele A. Shams

All Volumes (2001-2008)

Previous studies have demonstrated that what is easy to call to mind will influence judgments. The impact of a person's subjective experience was tested for its influence on judgments of social psychological research findings. Eighty three college students generated examples of 40 research findings. Students subsequently judged the ease with which the examples came to mind and the probability of experiencing similar examples. Students then evaluated the obviousness and importance of and their interest in the research outcomes. Students also provided demographic information and indicated their previous knowledge in psychology. In the current study, the ease with which examples of …

Ningyo: Destined For The Trash Can?, Anita Y.K. Davis

All Volumes (2001-2008)

Japanese Ningyo (dolls) are static art, individual sculptures and expressions of creativity. This paper explores the loss of these wonderful works of art. While western dolls fetch high prices and are highly sought after if even a few decades old, we explore the destination of most ningyo as they fail to be recognized or preserved. Particularly the dolls fashioned by women to decorate their homes, as their beauty fades they are set aside. What has happened to them? What is taking their place as globalization is changing the decorating desires of the Japanese?

An Examination Of Collaborative Practice In Anesthesia Care Team Settings And Occupational Sress In Nurse Anesthetists, Steve Louis Alves

Open Access Dissertations

The purpose of this study was to provide a comprehensive understanding of the nature of certified registered nurse anesthetist (CRNA) scope of practice (SOP), collaboration with anesthesiologists in anesthesia care team (ACT) settings, and occupational stress. A critical philosophy viewpoint serves as a broad perspective in understanding the depiction of domination and conflict between CRNAs and anesthesiologists in ACT environments. The theoretical basis for this study was derived from the quality of nursing practice framework, with an elaboration of the process component to examine CRNA' s scope of practice, collaboration between CRNAs and anesthesiologists, and rolerelated occupational stress. A mailed …

Exercise Behavior In Older Adults: Processes Of Change, Andrea Mainardi

Open Access Master's Theses

Despite the significant health and quality of life benefits of exercise, more than 40% of the older adult population in America do not participate in any dedicated physical activity. As the number of older adults grows, it becomes increasingly important to meet the public health challenge to help seniors adopt and maintain exercise behavior in order enhance the overall well being of this population. The purpose of this study is to qualitatively explore the applicability of the Transtheoretical Model of Behavior Change with respect to exercise adoption and maintenance among older adults and to identify the processes of change used …

Ghosts At The Table: Historiography And Nonfiction Narrative As Rhetorical Constructs Of The Mexican Counter-Revolution Of 1913, Sylvia Montgomery Shaw

Open Access Dissertations

One of the hallmarks of historical nonfiction is its purported allegiance to truth. But what is historical truth? Prevalent narratives and characterizations of events and individuals? What if research uncovers primary sources that contradict each other? How does one determine the "truth"? I explore these issues by writing my own carefully researched nonfiction novel about a Porfirian family, the Enrique Zepedas, and analyzing it in terms of three intersecting fields: historiography, nonfiction narrative, and rhetoric, to illustrate the centrality of language in conceptions of reality. This study is above all a rhetorical one. Zepeda was a prominent Mexican who conspired …