Digital Commons Network^™

Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler

Michigan Law Review

When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Michigan Law Review

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes

Michigan Law Review

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …

Reply: Criminal Law's Pathology, William J. Stuntz

Michigan Law Review

I thank Kyron Huigens for devoting his time and his considerable talent to responding to my article, The Pathological Politics of Criminal Law. I also thank editors of the Michigan Law Review for giving me the opportunity to reply. It is best to begin by defining the contested territory. Huigens and I agree (I think) on three propositions. First, American criminal law, both federal and state, is very broad; it covers a great deal more conduct than most people would expect. Second, American criminal law is very deep: that which it criminalizes, it criminalizes repeatedly, so that a single …

Predictors Of Student Success In Distance Education Courses, Rhonda Suzanne Shepperd

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study investigated the relationship between faculty-student communication, student time management, student expectations, and quality of instruction and the level of student success in distance courses. The population of the study consisted of undergraduate students enrolled in Independent Study courses at Mountain State University (N = 1007) during the summer and fall 2001 terms. The sample consisted of 500 students randomly selected from the population. Participants completed the Distance Education Satisfaction Survey developed by the researcher. Data analyses indicated that statistically significant differences existed within faculty-student communication, student time management, student expectations and quality of instruction based on the level …

Guide To Revenue Calculations For Local Option Highway User Tax (Lohut) 2002, Thomas C. Martin

Indiana Local Technical Assistance Program (LTAP) Publications

This guide is provided to explain the output generated by the computer programs, and to suggest ways in which the results can be adapted to specific LOHUT proposals before a County Council. Indiana LTAP neither endorses nor opposes passage of a LOHUT. The revenue projections it provides are intended to be an aid to well-informed decision-making on the part of a county’s citizens and its County Council.

2002 Statewide Bridge Sufficiency Rating Report, Indiana Ltap

Indiana Local Technical Assistance Program (LTAP) Publications

This report contains information specific to the county of interest, plus summary tables relating information about all Indiana county bridge conditions and funding levels.

Computer Sciences At Purdue University 1962 To 2000, John R. Rice, Saul Rosen

Department of Computer Science Technical Reports

No abstract provided.

The Juvenile Death Penalty And International Law, Curtis A. Bradley

Duke Law Journal

The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile …

The Evolution And Implications Of The Concentration Profiles Of An Analyte In Porous Adsorbent Particles Packed In A Capillary Electrochromatography Column Operated In The Analytical Mode, B. A. Grimes, Athanasios I. Liapis

Chemical and Biochemical Engineering Faculty Research & Creative Works

In this work, a mathematical model is constructed and solved to describe the propagation and dispersion of the mass wave of an analyte in a capillary electrochromatography (CEC) column packed with porous adsorbent particles and operated in the analytical mode. The evolution and dynamic behavior of the isoconcentration contours of the concentration of the analyte in the pores of the particles are presented in order to demonstrate the significant impact that the velocity of the intraparticle electroosmotic flow (EOF) encountered in CEC systems could have in reducing the overall intraparticle mass transfer resistance. It is shown that under both unretained …

Charter Schools And Accountability: An Evalution Of Nevada's Charter School Accountability Legislation, Sonya Douglass Horsford

UNLV Theses, Dissertations, Professional Papers, and Capstones

America’s public education system has become one of the most hotly debated issues in the country. Poor student performance and failing schools have forced many to identify ways to reform the current system through measures such as school-based management, performancebased incentive programs and opportunities for parental choice. As a result, charter schools have become an increasingly popular alternative to traditional public schools. In addition, there have been many questions surrounding the “autonomy for accountability” tradeoff characteristic of the charter school concept. In an effort to contribute to the discussion of charter school accountability and efforts to hold charter schools accountable …

Ccr4-Bearing T Cells Participate In Autoimmune Diabetes., Soon H. Kim, Mary M. Cleary, Howard S. Fox, Icos Coporation, Nora Sarvetnick

Journal Articles: Regenerative Medicine

Chemokine receptor expression is exquisitely regulated on T cell subsets during the course of their migration to inflammatory sites. In the present study we demonstrate that CCR4 expression marks a pathogenic population of autoimmune T cells. CCR4 was found exclusively on memory CD4(+) T cells during the progression of disease in NOD mice. Cells expressing the CCR4 ligand TARC (thymus- and activation-regulated chemokine) were detected within infiltrated islets from prediabetic mice. Interestingly, neutralization of macrophage-derived chemokine (MDC) with Ab caused a significant reduction of CCR4-positive T cells within the pancreatic infiltrates and inhibited the development of insulitis and diabetes. Furthermore, …

Richmond Music Journal (2002-12)

Richmond Music Journal

No abstract provided.

The Sign Said, "Beware Of Duffers" - The Liability Of Golf Course Operators For Failing To Post Warning Signs, Michael Flynn

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Contracts And Antitrust - Economic Duress And Anti-Competitive Practices - Coercive Tactics Utilized By The National Football League To Prevent Franchise Relocation - V.K.K. Corporation V. National Football League, 244 F.3d 114 (2d Cir. 2001)., Robert J. Ritacco

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Sport Administrator's Charter: Agar V. Hyde, Hayden Opie

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

New Jersey Joins The Majority Of Jurisdictions In Holding Recreational Sports Co-Participants To A Recklessness Standard Of Care, Carla N. Palumbo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Torts - Feres Doctrine - United States Courts Of Appeals Consistently Hold That Members Of The Armed Forces Are Barred From Bringing Suits Against The Government When Service Members Are Injured Incident To Military Sponsored Sports And Recreational Activities: Costo V. United States Of America, 248 F.3d 863 (9th Cir. 2001) Cert. Denied Without Comment, 2002 U.S. Lexis 223 (2002)., Mark G. Maser

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray

William & Mary Law Review

No abstract provided.

Commercial Activity And Charitable Tax Exemption, John D. Colombo

William & Mary Law Review

No abstract provided.

The Random Muse: Authorship And Indeterminacy, Alan R. Durham

William & Mary Law Review

No abstract provided.

Have Charter Schools Materialized Their Promise A Contrast Between Rhetoric And Reality, Mary Kay Kempker-Vandriel

Dissertations

Charter schools are a growing force in American education. Parents are demanding a choice in their child's public education. Are charter schools better than traditional public schools? Have charter schools kept their promise?

In the study regular public schools and charter schools were compared along five dimensions: (a) opportunity for learning and access to quality education, (b) innovative teaching methods and participative management, (c) teacher job satisfaction, (d) parent involvement, and (e) school accountability. Existing data from the 1999/2000 Schools and Staffing Survey (SASS) were analyzed with primarily chi-square tests and one t-test. These analyses provided results in relation to …

Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin

Urban Harbors Institute Publications

Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.

All of these initiatives – from local to national - reflect some common truths about …

Teachers' Perception Of School Climate As A Function Of Personality Traits, Mary Carmen Pacheco

Theses and Dissertations - UTB/UTPA

The purpose of the present study is to examine the relationship between teachers' perception of school climate and their personality traits. The instruments used to gather the data are the Revised Organizational Climate Description Questionnaire ( OCDQ-RE ) and the NEO-Five Factor Inventory ( NEO-FFI ). Both instruments were administered to 290 Hispanic, Mexican-American, elementary teachers during team or faculty meetings. Exploratory and confirmatory analyses are used in the present study. The mean, standard error of mean, variance, skewness, standard error of skewness, kurtosis, and standard error of kurtosis are reported. Box-and-whisker plots and stem-and-leaf displays are also reported. Correlation …

Texas School Finance Equalization And Student Performance, Christopher Duque

Theses and Dissertations - UTB/UTPA

The thesis examines which factors or school district inputs, i.e., financial, socio-economic, and administrative have a significant effect on student performance in Texas' school districts. The thesis is divided into five chapters, the introduction and the legal history of school finance reform, the history of Texas school finance policies and the current school finance policy, the literature review, the hypothesis and methodology, and the findings and conclusion of the thesis. The percentage of economically disadvantaged students was found to be significantly related to student performance in the thesis. And the thesis concludes that the state's school finance equalization policy has …

Adaptation Of Project Finance To Small Contractor Financing, Ragunathan Venkateswaran

Masters Theses

One key reason for the poor performance of small construction establishments in securing a higher chunk of the annual project volume is funding. While construction industry does not require a large capital investment it does require a large working capital to start up the project and generate bills so that the resulting cash flow may take over the remaining funding requirements. Unfortunately for small contractors there are very limited options available from the banks or other lending institutions to cover this large working capital requirement in the absence of sufficient collateral. The "Project Finance" method, which has been used in …

Tales Of Forbidden Love: A Sociological Analysis Of Interracial Intimacy, Candice L. Bryant

Masters Theses

The purpose of this study is to explore the constructions of race, marriage, and love insofar as these components promote the exclusion of interracial intimacy and marriage from the dominant discourse. The study focuses on the ways in which the social sciences have polarized "blacks" and "whites" (linguistically, socially, and economically) thus, making it difficult for persons living in black and white skin to experience social affirmation through literature, media, and agents in everyday life.

A qualitative content analysis of historical and contemporary literature regarding interracial marriage and intimacy were conducted in conjunction with an auto ethnography of the author's …

Measuring Urban Sprawl In Kalamazoo Region: A Land Cover Approach, Olena I. Smith

Masters Theses

Urban sprawl is a common American problem that has continued unabated throughout the last six decades. The pattern of urban sprawl in many metropolitan areas of Michigan is typical for much of the United States. Urban sprawl has been recognized as a major social problem in Michigan since the beginning of the 1990's. However, few studies measure urban sprawl by utilizing land cover information.

This research is a temporally comparative study that concentrates on changing patterns of "land cover" (the way land is covered by natural or human activities) from 1978 to 1996 in Kalamazoo, Michigan. The study focuses on …

Examining The Effects Of Conducting Behavior-Based Safety Observations, Joseph R. Sasson

Masters Theses

Eleven computer terminal operators participated in a series of interventions aimed at increasing safe ergonomic performance. All participants received ergonomics training and performance feedback, and approximately one half of the participants conducted observations for safe behavior. Conducting observations of safety-related behavior is a critical component of the Behavior-Based Safety (BBS) process, yet few researchers have studied the effects of conducting observations on the behavior of the observer. This study sought to examine the effects of conducting BBS observations on the safe performance of the observer in an applied setting. A multiple baseline across participants design was used to assess the …

Propensity Of West Virginia Craftspeople To Use Electronic Media For Marketing Their Products, Karen Kay Norwood

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to determine whether craftspeople in West Virginia were ready to use new communication technologies to market their products, by cooperative or other business structures. Survey respondents completed their self-reports and mailed questionnaires back to the researcher for both quantitative tabulation and documentation of additional comments.;The survey instrument focused on four areas of inquiry regarding craftspeople: (1) knowledge and skills of using electronic media for marketing; (2) experience, potential and interest in using communication technologies in cooperative or other group marketing efforts; (3) perceptions about the electronic communication infrastructure; and (4) perceptions of their degree …