Digital Commons Network^™

An Exploration Of The Transcending Experience In The Art-Making Process, Veronica Aldous

Theses: Doctorates and Masters

This study explored the transcending experience as described by visual artists that sometimes occurs during the art-making process. The exploration was conducted within a philosophical framework informed by the researcher's practice of Transcendental Meditation (TM). From this perspective, transcending is related to personal, inner (subjective), and ephemeral aesthetic experiences which never-the-less make a powerful contribution to the visual artist's experience of the creative process and to a lesser extent, the final product. The focus of the study was on the identification and documentation of the personal and subjective aspects of art-making. The study consisted of two parts; (a) this written …

Usd Magazine Winter 2002 17.2, University Of San Diego

University of San Diego Magazine (1992- )

Features; Alcala Almanac; How Have We Been Changed? Caught in the Middle; The Law of War; The Road to Recovery; Dove and Hawk; Alumni Gallery; In Their Own Words; Calendar

Alcalá 2002

University of San Diego Yearbooks (1968-2010)

No abstract provided.

Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules, Timothy D. Chandler, Rafael Gely, Jack Howard, Robin Cheramie

San Diego Law Review

Over the last three decades, there have been significant increases in labor force participation by women. Initially, this increase was fueled by the entry of single, childless women into the labor market. Married women primarily dedicated their efforts to home care concerns. However, in recent years, a new trend has emerged as "the levels of market work undertaken by married women have increased relative to those of unmarried women."

Ethnography And The Idealized Accounts Of Science In Law, David S. Caudill

San Diego Law Review

n Part I, I confirm the idealizations of science in law and their implications for legal scholarship and practice. In Part II, I describe the ethnographic method used by science studies scholars, with reference to my own ethnographic analysis of interviews with three neuroscientists. I conclude Part II by identifying various social aspects of science that comprise a complex picture of scientific activity. In Part ill, I discuss the implications of ethnomethodology for trial practice, including deposition analysis, Daubert-type hearings, cross-examination techniques, and drafting jury instructions. Part IV addresses anticipated criticisms of my arguments.

Why Repeal Of The Death Tax Means The Second Demise Of Substantive Due Process, Paul E. Mcgreal

San Diego Law Review

Death and taxes. For the first two centuries of American democracy, the former has been the province of Providence, the latter the concern of Congress. Congress has focused on the Internal Revenue Code, leaving death to the aging process, human folly, religion, and Darwinian forces. In a stunning power grab, Congress recently upset this order, asserting control over both domains. No longer satisfied to allow life to run its

course, Congress has sought to hasten accrual of the Death Tax. simply, Congress has sanctioned the killing of rich Baby Boomers.

Putting The Cart Before The Horse: The Need To Re-Examine Damage Caps In California's Elder Abuse Act*

San Diego Law Review

This Comment addresses what has been and continues to be a very controversial area of the law-damage caps imposed on plaintiffs who bring medical malpractice claims against health care providers in California. Since 1975, the state has restricted these actions as a means of holding down liability insurance premiums and reducing litigation through a package of statutes called the Medical Injury Compensation Reform Act (MICRA). In 1991, the legislature extended these limitations to claims brought under the state's Elder Abuse Act while at the same time providing for enhanced remedies in such actions to encourage litigation. Today, upon showing clear …

Introduction

San Diego Law Review

No abstract provided.

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

San Diego Law Review

Much of the existing literature on genetic intervention addresses questions of discrimination or reproductive decisionmaking. Although this book discusses those questions,

it takes as its major focus an issue that is perhaps even more vexing—the issue of how we should, from the standpoint of distributive justice, allocate genetic interventions. In other words, given the wide range of genetic interventions that may become available, how should we divide such interventions? Implicit in this problem is the reality that scarcity will prevent individuals from having access to all genetic interventions that would be of benefit to them. In this brief Essay, I …

Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron

San Diego Law Review

When the four American moral philosophers who individually have already made the most significant contributions to the ethical analysis of contemporary health care and medicine collaborate, it should come as no surprise that their joint effort is a lucid and powerful analysis of the principles that a just and humane society would employ in setting policies about how the new tools of molecular genetics should be used for human betterment. In From Chance to Choice: Genetics and Justice, Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler aimed to steer a middle course between two extreme models. The first …

How Not To End Disability, Janet Radcliffe Richards

San Diego Law Review

When advances in genetic technology offer the chance of preventing or curing disease and disability, it is one thing to recommend caution on the grounds that these obvious benefits may be outweighed by associated harms. It is quite another to deny even that there are benefits to be outweighed, and that attempts to prevent disability by these means should be resisted outright. That, however, is a view that is increasingly widespread in the disability rights movement.

Is Moral Theory Perplexed By New Genetic Technology?, Richard J. Arneson

San Diego Law Review

From Chance to Choice: Genetics and Justice

intelligently addresses difficult issues at the intersection of medical ethics and the theory of justice. The authors Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler repeatedly emphasized their opinion that advances in genetic technology force upon us entirely new ethical questions that previous moral theories lack the resources to resolve.

The claim that

new scientific discoveries render previous moral theories obsolete should be regarded with suspicion. Suspicion should be further aroused when readers note another feature of the authors’ theorizing that neatly fits the claim that we stand at the dawn …

The Ethics Of Genetic Intervention: Human Research And Blurred Species Boundaries, Rebecca Dresser

San Diego Law Review

From Chance to Choice: Genetics and Justice1

is a well-written and tightly argued analysis. This Essay addresses two topics meriting more attention than they received from these authors. First, this Essay considers in greater detail a topic the book briefly addresses—the human research necessary to support clinical use of genetic interventions. What appears as simply a step along the way to clinical benefits may actually present serious impediments. Second, this Essay expands on a point the authors mentioned only in passing. They noted that developments in

genetics are blurring traditional species boundaries. Blurred boundaries between humans and other species raise …

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 …

Deconstructing Binary Race And Sex Categories: A Comparison Of The Multiracial And Transgendered Experience, Julie A. Greenberg

San Diego Law Review

Millions of people are transgendered

and cannot easily be categorized as either male or female. Similarly, millions of people are multiracial and cannot be classified as being of one distinct race. Race classification systems have existed for centuries and have been the subject of extensive commentary and critique for decades. Sex and gender classification systems, on the other hand, have just started to become the subject of litigation in the last half of the twentieth century

and it is only during the last decade that sex classification systems have become the topic of extensive scholarly discussion.

The Purloined Personality: Consumer Profiling In Financial Services

San Diego Law Review

Although almost every sector of the U.S. economy practices consumer profiling,perhaps the most substantive challenge to consumer privacy is found in the activities surrounding the use and disclosure of consumer transaction data by the financial services industry. For that reason, this Comment focuses exclusively on consumer profiling in the context of the financial services sector, defined as banks, credit card issuers, brokerages, and insurance companies.

Liberty Not Fully Evolved?: The Case Of Rodney Levake And The Right Of Public School Teachers To Criticize Darwinism, Francis J. Beckwith

San Diego Law Review

In 2001, the Minnesota Court of Appeals reviewed the case of Rodney LeVake, a public school teacher who sought to enhance his school

district’s required science curriculum by suggesting to students alternative viewpoints inconsistent with that curriculum. This case, LeVake v. Independent School District, should be of great interest to legal theorists. Its holding, and the reasoning on which it is based, may serve as a Socratic provocation regarding the extent to which public school teachers have constitutional academic freedom (apart from statutory requirements or permission) to voluntarily include criticisms of and alternatives to evolutionary theory.

A Multidimensional Analysis Contrasting Youthful Nonoffenders, Sex Offenders, Violent Offenders, And Status Offenders., Nick Sava Yackovich

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study involved a comparison of 75 adolescent participants divided into four groups. Members of three of the groups were adjudicated delinquent: sex offenders, violent (nonsexual) offenders, and status offenders. A group of nonffenders was also used as a control group. The groups were compared using a contrast analysis of four dependent variables: self-concept, sexual history, cognitive distortions, and alexithymia. Findings of this study reveal a significant relationship with the presence of alexithymia among the offending sample when compared to the nonoffenders. Also evident is a greater self-concept score among the nonoffenders when contrasted with the offenders. Another significant comparison …

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 …

And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins

Faculty Journal Articles and Book Chapters

No abstract provided.

Mmpi-2 Scores As A Predictor Of Outcomes On The Phase Ii Profile Integrity Inventory, Lynne Dawn Murray

Open Access Dissertations

Many personality inventories have been developed and used for clinical assessment purposes as well as pre-employment screening devices. Examples include the Woodworth Personal Data Sheet, the Thematic Apperception Test (TAT), the California Psychological Inventory (CPI), the Sixteen Personality Factor Questionnaire (16PF), and the Minnesota Multiphasic Personality Inventory (MMPI, MMPI-2) (Kaplan & Saccuzzo, 1993).

Sackett and Wanek (1996) reviewed the use of measures of honesty, integrity, conscientiousness, dependability, trustworthiness, and reliability for personnel selection, and found that the criterion-related validity studies are well represented. Using this as a basis, Murray (2000) completed a construct validation study of the Phase II Profile …

An Examination Of The Nature Of Reading Fluency, Emily D. Russell

Open Access Dissertations

The present study attempted to investigate the underlying cognitive and linguistic skills necessary for three different aspects of reading fluency: rate, phrasing, quality of expression. The variance accounted for by each of these skills on measures of reading comprehension was also evaluated. Oral reading skills of third and fourth-grade normal readers were assessed on narrative passages within each participant's independent reading level (i.e., fewer than two percent word reading errors). Results indicated similarities in the cognitive and reading skills necessary for rapid reading and appropriate phrasing. Specifically, word recognition was the strongest predictor in both cases. However, oromotor accuracy and …

Adult Attachment Patterns: The Relationship Between Security Of Attachment And Adjustment To Prison And Separation From Loved Ones, Steven Kenneth Diehl

Open Access Dissertations

This study was designed primarily to begin to bridge the gap that currently exists between the adult attachment literature and the initial studies of attachment among infants discussed by John Bowlby and Mary Ainsworth by exploring a real world, present time disruption of attachment relationships among adult inmates. Infant attachment research focused on emotional and behavioral reactions to separation from attachment figures and this study' s main premise was to examine adult reactions to being separated from loved ones. Subjects consisted of 167 male inmates who had been sentenced to at least a six-month term of incarceration at a state …

Quality Of Discourse Organization On A Story-Reconstruction Task In Children With Attention Deficit Hyperactivity Disorder And Normally Developing Peers, Sonia C. Mashikian

Open Access Dissertations

The purpose of this study was to investigate whether children with two subtypes of Attention Deficit Hyperactivity Disorder (ADHD) differ from normally developing children in their discourse-organization abilities on story-reconstruction tasks. Participants were 68 children, aged 7 to 13 years, from two groups: an ADHD group from archival clinic files comprised of both the inattentive and combined subtypes, and a normal comparison group recruited from a YMCA program. Children in the normal comparison group were administered four tasks, which the clinical group had been administered previously. The tasks assessed receptive language, memory for sentences and stories, and visual construction. The …

An Empirical Investigation Of The Critical Linkages Among Best Practice Factors And Their Impact On Business Results, Ismail Sila

Open Access Dissertations

The purpose of this study was to investigate the relationships among 7 best practice factors and their impact on business results using survey data from 286 manufacturing and service companies. Using a thorough review of the literature to identify the nature of the bivariate relationships among these factors, a total of 23 hypotheses were formulated. A full latent variable model based on the 23 hypotheses, as well as three alternative models were tested using data from 286 companies to identify the best model that explains the relationships among the 7 best practice factors and the business results factor. Testing and …

The Developnient Of A Religious Education Parish Training Manual For Novice Clergy In The Greek Orthodox Archdiocese Of America, Frank Marangos

Abraham S. Fischler College of Education ETD Archive

The Greek Orthodox Archdiocese of America (GOA) is responsible for preparing clergy for Orthodox parishes through America. An important responsibility of Orthodox clergy is the training a:nd development of parish religious educators. Greek Orthodox clergy, however, are rarely graduates of academic programs specifically designed with an emphasis on teacher preparation. Consequently, newly ordained clergy have difficulty developing their respective parish teachers. The problem is that novice clergy are not provided support resources for effectively teaching parish religious educators how to teach.

The seven research questions answered in this applied dissertation were as follows: What are the most recurring problems experienced …

Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver

Scholarly Works

No abstract provided.

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

Scholarly Works

No abstract provided.

Trial Rights And Psychotropic Drugs: The Case Against Administering Involuntary Medications To A Defendant During Trial, Dora W. Klein

Vanderbilt Law Review

The right of an accused in a criminal trial to due process is, in essence, the right to a fair opportunity to defend against the State's accusations. Those who have experienced the full thrust of the power of government when leveled against them know that the only protection the citizen has is in the requirement for a fair trial. [I]nvoluntary medication with antipsychotic drugs poses a serious threat to a defendant's right to a fair trial. On July 24, 1998, Russell Weston shot and killed two police officers, and wounded a third, near a security checkpoint in the United States …