Digital Commons Network^™

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …

Living With Life-Threatening Illness: An Inquiry Into Children's Experience Of Cancer, Kristy Novinski

Electronic Theses and Dissertations

Previous studies concerning children living with illness have been limited by (a) a narrow focus on the child's cognitive development, (b) reliance on sources outside of the child's experience, (c) reliance on methods based on the language and quantitative modes of measuring used by adults rather than the experience of the child, (d) models that emphasize methods of control in coping, and (e) a tendency to pathologize the responses of the child.

In contrast, the current study involved speaking directly with school-aged children living with a diagnosis of cancer. The qualitative method developed for this study involved a two-fold approach, …

Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler

Articles & Chapters

Part II

The Development Of An Interactive Multimedia Based Professional Development, James New

Theses : Honours

The role of the teacher has changed over time such that teachers are asked to augment their own specialist knowledge with skills from other domains, for example information technology. This study has examined the perceptions and experiences of teachers and speech pathologists involved in the production of an instructive Interactive Multimedia (IMM) product to deliver Professional Development (PD). The individuals involved in this project were teachers from the High Valley Language School (HVLS) -a specialised primary school. The study used a social action research methodology, which allowed the researcher to build theories from emergent data. The data collection process consisted …

The Psychological Impact Of Companion Animals For Older Adults Who Reside Alone, Tess Reed

Theses : Honours

Companion animals have been identified as improving the physical and emotional health of some older adults (Collis & McNicholas, 1998). This qualitative study explored the psychological impact of owning a cat or a dog for persons aged 65 or older who resided alone. Nine participants, two male and seven female, were recruited through local media advertisements in the Guildford area to participate in a semi-structured interview about their relationship with their pet. Following transcription the semi-structured interviews were analysed using thematic analysis (Aronson, 1994). Four major themes emerged with participants reporting their pets provided satisfaction that impacted on several areas …

Floristics Of The Banksia Woodlands On The Wallingup Plain In Relation To Environmental Parameters, Claire Mccamish

Theses : Honours

An understanding of the underlying environmental factors contributing to the floristic composition of Banksia woodlands should improve the effective management of Banksia woodland communities of the Swan Coastal Plain. Although a number of studies have examined the vegetation on the Banksia woodlands on detail there have been few studies aimed at identifying the specific environmental parameters influencing the floristic gradients on the Swan Coastal Plain. A comprehensive local scale study was undertaken on the northern Swan Coastal Plain to determine the environmental correlates influencing floristic communities in an area of Banks/a woodland known as the Wallingup Plain. Vegetation communities of …

What Reflections Of Eden Do We Find In A Garden?: An Analysis Of Illusionary Constructs That Seek To Establish Identity With The 'Ideal' Garden, Olga Kirov

Theses : Honours

Gardens are retreats that offer sanctuary from the tensions of modern life, Spiritual needs have stirred the Western psyche the most to embellish myths that account for the inconsistency of life. The original myth of the Garden of Eden has represented the ideal paradigm between imperfect nature and human nature, accounting for human frailty and anxious yearnings for a utopian perspective. In attempt to improve human nature, throughout time humans have aspired to transform or improve the natural environment, thus making every garden an image. As an art form, that draws on the past as it looks to the future, …

Fox Control In Urban Conservation Reserves: An Analysis Of Bait Uptake And Public Perceptions In The Perth Metropolitan Area, Jennifer Jackson

Theses : Honours

As the world's population becomes increasingly urbanised, the need for people to see nature on their doorstep is becoming more appealing. The city of Perth (Western Australia) has large areas of bushland that have been reserved as conservation estate, and therefore are only minimally modified by urban development. But while many of these urban bushland reserves contribute highly to biodiversity in the form of vegetation, vertebrate surveys have indicated a low diversity of fauna. These areas have the potential to function in a more complete manner as nature reserves with significant conservation value by supporting populations of native animals which …

Albany Eastern Hinterland : Catchment Appraisal 2002, A T. Ryder, L Crossing

Resource management technical reports

The Albany eastern hinterland appraisal area is located to the far east of the Albany Shire, is approximately 104, 770 ha in size and covers the Gnowellen, Pendernup and Sandplain East landcare sub catchments. The objective of Rapid Catchment Appraisal (RCA) is to assess the conditions of, and future risk to, agricultural and natural resources within regional geographic catchments.

Nitric Oxide Synthase Inhibition Does Not Affect Regulation Of Muscle Sympathetic Nerve Activity During Head-Up Tilt, Jian Cui, Rong Zhang, Thad E. Wilson, Sarah Witkowski, Craig G. Crandall, Benjamin D. Levine

Exercise and Sport Studies: Faculty Publications

To test the hypothesis that systemic inhibition of nitric oxide (NO) synthase does not alter the regulation of sympathetic outflow during head-up tilt in humans, in eight healthy subjects NO synthase was blocked by intravenous infusion of NG-monomethyl-L-arginine (L-NMMA). Blood pressure, heart rate, cardiac output, total peripheral resistance (TPR), and muscle sympathetic nerve activity (MSNA) were recorded in the supine position and during 60° head-up tilt. In the supine position, infusion of L-NMMA increased blood pressure, via increased TPR, and inhibited MSNA. However, the increase in MSNA evoked by head-up tilt during L-NMMA infusion (change in burst rate: 24 ± …

On Virtue And Peace: Creating A Workplace Where People Can Flourish, Caryn L. Beck-Dudley, Steven H. Hanks

Vanderbilt Journal of Transnational Law

In this Article, Professors Beck-Dudley and Hanks explore the virtues necessary for individuals to flourish within a business organization. Through this exploration, they conclude that modern discussions of business ethics fail to account for the value and virtue of peaceableness. Then, focusing on the freedom from conflict aspect of peaceableness, they use Champion Paper Products, Sartell Minnesota Paper Mill, as a case study in the significant improvements in human flourishing and organizational performance that can occur when management and labor choose peaceable solutions to labor conflicts.

Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower

Vanderbilt Journal of Transnational Law

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

My Father Is A Woman, Oh No: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interest Of The Child, Helen Y. Chang

Santa Clara Law Review

No abstract provided.

Liability For The Threat Of A Sale: Assessing Patent Infringement For Offering To Sell An Invention And Implications For The On-Sale Patent Ability Bar And Other Forms Of Infringement, Timothy R. Holbrook

Santa Clara Law Review

No abstract provided.

Costs Of Feeding Guinea Pigs In Two Meat-Producing Populations In The Field And Experimental Station, Sara Taborga Galindo

Theses and Dissertations

The cost of feeding has been pointed out as the most trascendet investment inside a guinea-pig production. The present work carries out with the purpose to determine and to quantify feeding costs, total costs of production and profitability of Tamborada and MEJOCUY guinea-pig populations. In the stage of suckling period, breed and gestation, experimental station and field. The result of feeding cost was 0.05 and 0.03 $US in suckling period (14 days) for Tamborada and MEJOCUY population, in breeding (42 days) it was 0.14 $US in both populations and in gestation (67 days), it was 0.42 and 0.40 $US. In …

Determination Of The Botanical And Chemical Composition Of The Pasture Diet Selected By Llamas (Lama Glama) During The Rainy Season In The Community Of Pujrata, Cristóbal Achu Nina

Theses and Dissertations

Llamas (Lama glama) take advantage of poor natural forage (grasses and others) due to their efficient digestive physiology that is adapted for this type of forage. The problem now faced is the gradual exhaustion of the native grassland (low phytomass production). The vegetation does not cover the dry matter consumption requirements, and less so the nutrient requirements, of these animals. Because of this there is the necessity of determining the botanical composition, pasture selection by plant parts, and chemical composition of what llamas ingest in order to improve these animals' nutrition in the pasture. This study occurred at the Larqa …

University Reporter - Vol. 07, No. 05 - January 2003, University Of Massachusetts Boston

1996-2009, University Reporter

No abstract provided.

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.

Diaspora And Deadlock, Miami And Havana: Coming To Terms With Dreams And Dogmas, Francisco Valdes

Articles

No abstract provided.

Answers (Tekzip) To Letter: The Ostracoda (Crustacea) Fauna Of Lakes Erikli Hamam, Mert, Pedina And Saka (İgneada, Kırklareli, Turkey) Külköylüoğlu, O., Usta, E., & Babaç, M.T. (2002) Turk. J. Zool. Volume: 26, İssue: 3, 263-263, Selçuk Altinsaçli

Turkish Journal of Zoology

No abstract provided.

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Patent First, Litigate Later! The Scramble For Speculative And Overly Broad Genetic Patents: Implications For Access To Health Care And Biomedical Research, Ikechi Mgbeoji, Byron Allen

Articles & Book Chapters

One of the theoretical premises of the patent system is that it enhances the dissemination of valuable information by assuring creators of new inventions a limited monopoly for the exploitation of their inventions. As a tool of state policy, the patent system seeks to catalyze the industrialization of the state, disclosure of information by inventors, and ultimately, the enrichment of the public domain in a manner that benefits both the inventor and the Society. Consequently, the patent system is often characterized as a form of contract between the inventor and the state. As a consideration for disclosing the secret of …

Acoustic Communication In Panthera Tigris: A Study Of Tiger Vocalization And Auditory Receptivity, Edward J. Walsh, Lily M. Wang, Douglas L. Armstrong, Thomas Curro, Lee G. Simmons, Joann Mcgee

Durham School of Architectural Engineering and Construction: Faculty Publications

To adults and children alike, tigers are one of the best-known members of the animal kingdom. It may be surprising, then, to learn that we have a lot to discover about their hearing and the acoustics of their vocalizations. To help fill in the gaps in our knowledge, we are in the midst of a study that is focused on the characterization of the vocal properties and hearing capabilities of a subset of surviving tiger subspecies, namely the Siberian, Bengal, Sumatran and the Indochinese tigers. We are hoping that our findings will not only add to a deeper understanding of …

What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson

Articles & Chapters

This essay focuses on the critical reaction to Bjorn Lomborg's book, The Skeptical Environmentalist. After the book was glowingly reviewed in the Washington Post, the Economist, and other influential publications, it was critically reviewed in Scientific American, Nature, and Science and criticized by environmental organizations. The criticism went beyond trying to show him wrong on environmental policy to claim that he should be disqualified as a participant in debates on environmental policy. The basis for the disqualification was that he does not understand the science or was disingenuous in his treatment of it. In analyzing this effort to disqualify him, …

Roots "Resolving The Death Penalty: Wisdom From The Ancients", Robert Blecker

Articles & Chapters

Lest it be cruel and unusual, the U.S. Supreme Court has held, capital punishment must be consistent with the evolving standards of decency of a maturing society. Although controversy swirls around our current sense of decency, this Society's changing standards are largely the product of deeply embedded traditions and an unchanging cultural core. Thus, virtually every heated death penalty debate today requires us not only to take the temperature of the people, but also to appreciate their temperament.

ROOTS: Resolving the Death Penalty: Wisdom from the Ancients reflects the current controversy back onto the core of Western Culture - the …

Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin

Articles & Chapters

No abstract provided.

Connection, Capacity And Morality In Lawyer-Client Relationships: Dialogues And Commentary, Robert Dinerstein, Stephen Ellmann, Isabelle Gunning, Ann Shalleck

Articles & Chapters

No abstract provided.

What We Write And Why, Michael Benton, Alan Clinton, Davin Heckman, Subhash Jaireth, Marc Ouellette, Matthew Wolf-Meyer

Reconstruction: Studies in Contemporary Culture

[First paragraph]

To ask why we write is also to ask why we read. The pragmatic answer is to find proof -- to find proof of like-minded thinkers, to find support for our own arguments, to discover that we are not alone in our thinking, our assumptions and problems. The transcendental answer is to educate -- to inspire our own thinking, to see new realities, to uplift ourselves through another writer's use of language. And the middle road: Because there is a need.