Digital Commons Network^™

Proximate Cause And The American Law Institute: The False Choice Between The "Direct-Consequences" Test And The "Risk Standard", Michael L. Wells

University of Richmond Law Review

No abstract provided.

Tax Stories And Tax Histories: Is There A Role For History In Shaping Tax Law?, Reuven S. Avi-Yonah

Reviews

The teaching of law is usually rather ahistorical. Teachers commonly focus on current doctrine and policy debates, discarding on the "garbage pile of history" any law that has been repealed or superseded. And yet, much of law teaching is still based on reading cases. And cases are by definition historical artifacts - they arise from a specific time and place, and reflect a frequently long-gone historical context. Thus, it is hard to imagine a modern law course completely devoid of history, even if the history gets short shrift. A constitutional law course, for example, will likely include some discussion of …

One Inspiring Jury, Phoebe C. Ellsworth

Reviews

Americans love to complain about the jury. They complain about being called for jury duty. They complain about jury verdicts in highly publicized cases. They are outraged by the failure to convict "obviously guilty" criminals, such as the police officers in the cases of Rodney King and Amadou Diallo, the Menendez brothers in their first trial, and of course O.J. Simpson. In civil cases, they are appalled when plaintiffs win huge damage awards in "obviously frivolous" lawsuits. Juries are ignorant and uneducated, juries are gullible, juries are swayed by passion and prejudice rather than reason. Criticizing jury verdicts allows us …

Inmate Litigation, Margo Schlanger

Articles

In 1995, prison and jail inmates brought about 40,000 new lawsuits in federal court nearly a fifth of the federal civil docket. Court records evidence a success rate for inmate plaintiffs under fifteen percent. These statistics highlight two qualities long associated with the inmate docket: its volume and the low rate of plaintiffs' success. Then, in 1996, Congress enacted the Prison Litigation Reform Act (PLRA), which dramatically altered the litigation landscape, restricting inmates' access to federal court in a variety of ways. This Article examines inmate litigation before and after the PLRA. Looking first at the litigation process itself, it …

Too Busy To Mind The Business? Monitoring By Directors With Multiple Board Appointments, Stephen P. Ferris, Murali Jagannathan, Adam C. Pritchard

Articles

We examine the number of external appointments held by corporate directors. Directors who serve larger firms and sit on larger boards are more likely to attract directorships. Consistent with Fama and Jensen (1983), we find that firm performance has a positive effect on the number of appointments held by a director. We find no evidence that multiple directors shirk their responsibilities to serve on board committees. We do not find that multiple directors are associated with a greater likelihood of securities fraud litigation. We conclude that the evidence does not support calls for limits on directorships held by an individual.

Ariadne At The Movies, John Dilworth

Contemporary Aesthetics (Journal Archive)

Films are usually assumed to be types, with their templates or performances being tokens of those types. However, I give a counter-example in which two different films are simultaneously made by different directors, with the outcome of this process being a single template length of film which, I claim, embodies both of those films. But no two types could thus have a token in common, and hence type views of films must be incorrect. I further explain and defend the legitimacy of the example, and conclude by offering an alternative, representational view of the nature of films that can also …

A Framework To Utilise Urban Bus Data For Advanced Data Analysis, Markus Hofmann, Brendan Tierney, Margaret M. O'Mahony

Conference papers

Most urban bus operators collect detailed data on their respective transportation networks using electronic fare collection systems. However, contrary to the opinion of other service industries that this data is a valuable resource, many bus operators have tended not to fully utilise these resources. International experience suggests using innovative technologies and methodologies such as data warehousing, Online Analytical Processing (OLAP), and data mining, to derive the maximum benefit from this data. Still bus operators tend not to keep the full range of data in a form, which is easy to access or utilise, and therefore, are not able to apply …

Archaeological Oceanography Of Inundated Coastal Prehistoric Sites, Dwight F. Coleman

Open Access Dissertations

The field of shallow underwater archaeology has grown significantly during the last century, especially since the development of advanced technologies such as the self-contained underwater breathing apparatus (SCUBA). Other advanced technologies, such as high-resolution geophysical surveying systems and robotic undersea vehicles, which have been used extensively in the oceanographic sciences during the last several decades, are now being used in the archaeological sciences to investigate underwater sites representing human history. These technologies, in addition to the oceanographic and geophysical methodologies for exploration, prospecting, and site surveying, now form the technological basis of the nascent discipline of "Archaeological Oceanography ." This …

Supporting Patriarchy And Consumerism Through Sex Rhetoric: Power, Foucault And Sex And The City, Alyson Chace Arnold

Open Access Master's Theses

As Americans seek identification through the media, Foucault's "bio-power" extends the power of patriarchy and consumerism through gender prescriptions. A study of modern sexuality discourses can show what those prescriptions are and how the current power-knowledge regimes are maintained by them. This paper focuses on the aspects of Foucault's theories on power that deal with gender and sexuality discourses, explicating the cable show Sex and the City to discuss its role in the perpetuation of the status quo of patriarchy and consumerism through gendered identities. The paper also identifies aspects of the show that reveal a progressive pattern of resistance …

Assessment Of The Rhode Island Coastal Lagoon Ecosystem, Kathryn Hale Ford

Open Access Dissertations

The health of the Rhode Island coastal lagoon ecosystem is of importance due to its critical role as a wildlife habitat and recreation destination. As human population continues to expand along the coast, this ecosystem will receive increasing pressure from contaminants. By examining how the lagoons have changed in the past, we can postulate what variables are linked to change. Current conditions need to be thoroughly studied to provide a baseline with which to study future change, as well as to determine areas of concern in the lagoons. In order to understand how the ecosystem responds to such pressures, a …

Elementary School Children's Stigmatization Of Children With Mental Illness, Yvonne M. Fausett

Open Access Dissertations

Stigmatization of those with mental illness, while well-researched among the adult population, has not received as much empirical attention in relation to children as the targets of stigmatization or as the perpetuators of stigmatization. It has been speculated in the adult literature that the stigmatization of adults with mental illness by other adults is a product of childhood socialization. This study seeks to investigate the developmental trajectory of stigmatization, beginning in childhood. To this end, the Children's Stigmatization Measure (CSM) was generated as a self-report measure consisting of 4 clinical vignettes (e.g., Anxiety, Attention Deficit-Hyperactivity Disorder, Depression, Normal), with 10 …

Behavioral Modeling And Simulations Of Mixed-Signal Integrated Circuits With Process Variations And Physical Defects, Yu-Yau Guo

Open Access Dissertations

During fabrication process, mixed analog and digital integrated circuits (ICs) are more susceptible to process variations and physical defects than pure digital ICs. Therefore, it is beneficial to simulate the effects of process variations and defects on mixed-signal designs even before the design goes into production. Simulations of ICs having process variations are performed with Monte Carlo simulations. And, simulations of ICs having physical defects are called fault simulations. However, both simulation schemes require large numbers of instances. Consequently, simulation times can be extremely long, e.g. hours or days. In this System-on-a-Chip (SoC) era, mixed-signal designs are becoming more complex …

Free And Forced Convection In Earth's Upper Mantle, Paul S. Hall

Open Access Dissertations

Convective motion within Earth's upper mantle occurs as a combination of two primary modes: (1) buoyant upwelling due to the formation of gravitational instabilities at thermochemical boundary layers, and (2) passive flow associated with the divergence of lithospheric plates at mid-ocean ridges and their re-entry into the mantle at subduction zones. The first mode is driven by variations in density and is therefore classified as 'free' convection. Examples of free convection within the Earth include the diapiric flow of hydrous and/or partially molten mantle at subduction zones and mantle plumes. The second mode, while ultimately driven by density on a …

Asanti Daughter Of Zion: The Life And Memory Of Harriet Tubman, Katherine Clifford Larson

Doctoral Dissertations

We all believe that we know Harriet Tubman (1820--1913): slave, famous conductor on the Underground Railroad, abolitionist, spy, nurse, and suffragist. Her successful, secret journeys into the slave states to rescue bondwomen, men, and children have immortalized her in the minds of Americans for over one hundred and thirty years. One of the most famous women in our nation's history, we have come to know the narrative of her life only through juvenile biographies. These stories made Tubman's life a legendary one by reconstituting her into a historical and cultural icon suitable for mass consumption as the "Mother of her …

Performing Texts; Playing With Jazz Aesthetics, Richard (Rick) Walters

Doctoral Dissertations

Despite all the critical attention jazz has received in recent years from scholars in other fields---literature, history, political science, cultural studies---very little headway has been made in understanding what jazz aesthetics are and how they might inform other forms of cultural and artistic expression. Part of the difficulty lies in the time-bound, performative nature of the artform and the fact that it is primarily a non-discursive means of expression; that is to say, jazz does not translate well.

This dissertation attempts to evoke and inhabit jazz aesthetics rather than trying to define, categorize or delineate them. Alternating between close reading, …

Law Enforcement Dilemmas In The Investigation Of Internet Sex Crimes Against Minors, Melissa Wells

Doctoral Dissertations

This study examines dilemmas associated with the investigation of Internet sex crimes against minors. Data collected from a national sample of law enforcement agents provide insights into complications of three types of cases: (1) Internet crimes against identified victims, (2) Internet solicitations to undercover law enforcement, and (3) Internet child pornography crimes.

A mail survey of United States law enforcement agencies identified two samples of Internet sex crimes against minors. The first sample consisted of 464 investigations in which an arrest was made, and the second sample included 68 cases in which no arrest was made. Telephone surveys were used …

A Comparison Of Multiple Regression Models To Help Predict Road Race Performance For Two Runners, Lynn Brown

All Volumes (2001-2008)

As a student I start the new semester armed with my course schedule, course descriptions straight from the undergraduate catalogue, and the all-important feedback from students who have taken the course before me. Introduction to Management Science (QMB 4600) is "A study of selected mathematical and statistical models used to aid managerial decision making." It sounds fairly difficult and potentially boring, but a necessary evil, none-the-less. Imagine my surprise when the subject is in fact interesting, engaging, and yes, fun. This paper presents the development and analysis of one of the cases in this course. It involves the creation of …

Health-Related Quality Of Life As Predictor Of Adherence With Antiretroviral Medication, Rakesh Joshi

Open Access Master's Theses

Title of the Study: Health-related quality of life (HRQoL) as predictor of medication adherence in patients infected with Human Immune-deficiency Virus (HIV).

Summary: Quality of life (QoL) is a broad term which involves evaluation of all aspects of life including, health, education, family life, housing, friendship, marriage, standard of living, and work. Health is one of the domains that affect our quality of life. The measurement of HRQoL is becoming an increasingly common activity in healthcare systems around the world. Health-related quality of life or biological outcome of treatment might predict adherence to HIV medication. This research is …

A Study Of Stainless Steel Reinforement To Replace Conventional Carbon Steel Reinforcement, Jalal Alsarraf

Open Access Master's Theses

Corrosion of reinforcing steel in concrete has become a major factor in reducing the service life of vital transportation and building systems due to the exposure of chloride ions. The needs of this well known phenomenon for cost effective system for protection against corrosion has become increasingly clear. Thus, corrosion behavior of stainless 316L clad reinforcing steel was investigated in this study. The object of the present investigation was to develop quantitative data that would accurately access the pitting and crevice corrosion susceptibility of stainless steel 316L rebar in concrete environments.

Electrochemical corrosion potential measurement testing was conducted to all …

Use Of Ganna Ray Attenuation; Acoustic Velocity; And Electrical Resistivity In The Extracation Of Sediment Physical Properties, Veith Altmann

Open Access Master's Theses

Sediment physical properties, such as porosity, shear strength, shear modulus, and grain size, from six different geographical marine environments (Central Arctic Ocean, Central Scotian Shelf, Gulf of Mexico, Caribbean Sea, North-Eastern Pacific, Western Equatorial Pacific and Mid-Atlantic Ridge) were analyzed and correlated with non-destructive measurements of compressional wave velocity, bulk density and electrical resistivity.

In coarse grained sediments (median grain diameter >4 μm) with a sand fraction greater than 15%, larger grain size is associated with higher velocity. In fine grained sediments (median grain diameter < 4 μm) velocity does not correlate with median grain size. However, a pronounced linear relationship exits between compressional wave velocity and percent clay fraction (grain diameter < 2 μm) regardless of sediment grain size.

The use of electrical resistivity is limited for predicting porosity in unconsolidated sediments. In general, …

Workplace Financial Education: The Effects On Employees' Financial Behavior, Marcy Alves

Open Access Master's Theses

This thesis examines the effects of workplace financial education on employees' subsequent financial behavior. Subjects in this research were employees of the State of Rhode Island. Faculty and staff from the University of Rhode Island's Center for Personal Financial Education delivered one or both of the following financial education programs to participants: Early Planning for Retirement and Practical Financial Planning. Each program consisted of two, one-hour seminars that were delivered approximately two months apart. Participants were given identical pre-, post, and longterm follow-up surveys containing behavioral questions from both seminars; they were members of the experimental group for questions …

Self-Concept, Self-Monitoring And The Relationship Of Human Social Interaction, Crystal Rose Fonseca

Open Access Master's Theses

Self-monitoring research has developed into a significant literature that spans across disciplines. However, little research has examined the influence of self-monitoring on the development of the self-concept, which sets the stage for the current research endeavor. In the first study, it was hypothesized that directional questions “Are you extraverted?” would influence a self-concept of self-monitors to a greater extent, as they would be more likely to generate supporting thoughts which would mediate this effect. Findings generally supported the end effect of the hypothesis, but not the mediating process with high self-monitors reported a greater change in self-ratings after receiving a …

Making The Grade: Academic Literacies And First-Generation College Students In A Highly Selective Liberal Arts College, Theresa Perri Ammirati

Open Access Dissertations

Previous research on first-generation college students has concentrated largely on students enrolled in community colleges or universities. This study examines first generation students at a single, highly selective, four-year, liberal arts college, and uses an academic literacies approach to understand the relationship between first-generation status and written and oral literacies as illustrated in academic papers and classroom performance. Twelve first-generation college students were interviewed extensively about their early literacy experiences, family background, relationship to family and home community, high school preparation, selection of and transition into a highly selective college, and written and oral literacy experiences at that institution. Writing …

Estimation Of Cumulative Incidence Functions In Competing Risks Studies Under An Order Restriction, Hammou El Barmi, Subhash C. Kochar, Hari Mukerjee, Francisco J. Samaniego

Mathematics and Statistics Faculty Publications and Presentations

In the competing risks problem an important role is played by the cumulative incidence function (CIF), whose value at time t is the probability of failure by time t for a particular type of failure in the presence of other risks. Its estimation and asymptotic distribution theory have been studied by many. In some cases there are reasons to believe that the CIFs due to two types of failure are order restricted. Several procedures have appeared in the literature for testing for such orders. In this paper we initiate the study of estimation of two CIFs subject to a type …

Longitudinal Study Of The Acquisition Of Locomotion, Motor Activity, And Infant Development, Janette Baird

Open Access Dissertations

This study explored the relationship between the age of development of 5 locomotor behaviors, the level of infant activity for the locomotor behaviors, and the performance of the sample of infants on standardized indices of infant development (Fagan Test of Infant Intelligence, FTII; Bayley Scales of Infant Development, BSID-II). A total of 157 infants were assessed at 6, 9, and 12 months for their activity levels on the 5 locomotor behaviors of interest, and the age at which each locomotor behavior occurred was obtained through records maintained by each infants' caregiver. The results of the regression path analysis indicates that …

Constance Cary Harrison, Refugitta Of Richmond : A Nineteenth-Century Southern Woman Writer's Critically Intriguing Antislavery Narrative Strategy, Gaillynn Marie Bowman

Theses, Dissertations and Capstones

Although often maligned by literary scholars, Constance Cary Harrison, nineteenth-century novelist, journalist, essayist, and short-story author, achieved popular success with her subtle, but often radical, explorations of gender, and slavery during the antebellum and post-Civil War years. Furthermore, Harrison developed innovative characterizations of African-Americans while seeking nineteenth-century southern and northern readership through conciliatory prose. In particular, Harrison characterized a slave who gained his freedom and maintained a successful, independent life, without white assistance. This unique perspective for a Southern writer of her era stemmed from the war time destruction of her homestead, Vaucluse, which compelled Harrison to recreate an idealized …

Stock Structure Of Yellowtail Flounder Off The Northeastern United States, Steven Xavier Cadrin

Open Access Dissertations

An interdisciplinary study incorporating geographic patterns of abundance, geographic variation in growth and maturity, morphometry, and genetics suggests that yellowtail flounder Limanda ferruginea on the principal U.S. fishing grounds should be managed as separate stocks despite genetic homogeneity. Significantly different patterns of abundance and biomass over time suggest two harvest stocks of yellowtail flounder with a boundary on southwest Georges Bank. Geographic patterns of size and proportion mature at age indicate two phenotypic stocks of yellowtail flounder, with a boundary on northern Georges Bank. With respect to current U.S. management units, southern New England yellowtail form a separate harvest stock …

Validity Of The Boston Qualitative Scoring System As A Measure Of Executive Functioning In Pediatric Rey-Osterrieth Complex Figure Performance, Marlana Joyce Borgos

Open Access Dissertations

This study aimed to assess the Boston Qualitative Scoring System (BQSS; Stern et al., 1999) as a measure of executive functioning with a pediatric clinical sample (N = 157), replicating an earlier study with adult patients (Somerville, Tremont, & Stern, 2000). Male and female participants, representing diverse diagnostic categories, were examined across three age groups. Correlational analyses (to examine the convergent/divergent validity of the BQSS) revealed that median correlational coefficients were low across age groups. Relatively high correlations were not found between BQSS selected scores and convergent tasks, and low correlation coefficients were found between BQSS selected scores and divergent …

Stress Management During Pregnancy: An Investigation Of The Psychosocial, Behavioral, And Cognitive Correlates, Leanne Marie Mauriello

Open Access Dissertations

Health professionals recognize and study the multitude of health risks initated by the occurrence of stress during childbearing months. However, very few researchers have examined how women cope with or manage stress during pregnancy. In this study preliminary measurement and prediction analyses were conducted to initiate research on stress management during pregnancy using the framework of the Transtheoretical Model. A sample of 156 pregnant women was recruited from waiting rooms at midwife and obstetrician offices. Measures of decisional balance, confidence, stress, and coping specific to a pregnant population were developed. Exploratory measurement analyses produced relatively brief and internally consistent instruments …

Parenting The Child With Hypoplastic Left Heart Syndrome, Sandra Ruth Mott

Open Access Dissertations

What is it like to parent a child born with hypoplastic left heart syndrome (HLHS)? Until recently these children did not live beyond infancy so the question was mute. With the advent of new technologies and care these infants are surviving and thriving. However, they require intense care during their first few years of life. A literature search revealed many publications related to the infant's physical care before, during and between surgeries but little that addressed parenting expectations or concerns. To discover what it was like to be the parent of a child, who was living with a reconstructed heart, …