Digital Commons Network^™

An Allegory Of Good (And Bad) Governance: Applying The Sarbanes-Oxley Act To Nonprofit Organizations, Wendy K. Szymanski

Utah Law Review

Clearly, change is coming to the nonprofit governance arena. Given the scandals which have shaken the public trust in nonprofits and the overall skeptical view of large organizations in light of the even greater corporate scandals, it seems just as clear that change is in order. Attention must now be paid to ensuring that any reforms are specifically tailored to nonprofit organizations, rather than imposing mere cut-and-paste provisions borrowed from the for-profit sector. It is imperative that any regulations that are promulgated recognize that nonprofits are not similarly situated with the forprofit mega-companies that inspired the Sarbanes-Oxley Act's passage. Any …

Baby Girls From China In New York: A Thrice-Told Tale, Barbara Stark

Utah Law Review

This thrice-told tale has shown why the story of the Baby Girls from China in New York requires multiple tellings. First, multiple tellings expose the multiple contexts and perspectives that drive these adoptions, from those of the desperate birth mothers in rural China to those of the hopeful adoptive parents in New York. Second, multiple tellings destabilize and problematize our understandings of law. Laws enacted in China to promote women's equality led, paradoxically, to an increase in abandoned baby girls. Multiple tellings may not answer the question of well-intentioned human rights activists, but they remind us of the brutal prerogatives …

Dietary Availability And Retention Of Selected Minerals Associated With The Intensive Production Of Rainbow Trout (Oncorhynchus Mykiss), Donna Leanne Snellgrove

School of Biological and Marine Sciences Theses

This research programme aimed to review the nutritional requirements for the main minerals, (namely calcium, phosphorus, magnesium and zinc) formulated in commercial diets that are essential for the health and growth performance for salmonid fish. This was undertaken with the aim of improving our knowledge of their physiology, metabolism and fate in the rainbow trout, Oncorhynchus mykiss. Phosphorous (P) featured strongly in this work due to its adverse role in pollution and the environmental impact of intensive fish farming. The first chapter surveyed the gross nutritional requirements of fish and focused on the mineral requirements in particular. Typically the P …

Reconstructing Professional Roles In Restorative Justice Programs, Susan M. Olsen, Albert W. Dzur

Utah Law Review

We begin with a brief introduction to restorative justice norms and practices, followed by an analytical discussion of the roles court and corrections professionals play in the conventional criminal justice system. Next we turn to a more detailed presentation of the restorative justice critique of the criminal justice system and its implications for professional roles. We then introduce two functioning restorative justice programs, "Passages" in Salt Lake City, Utah, and Reparative Probation in Vermont. Moving back and forth between restorative justice theory and our case analysis, we identify patterns in the emerging roles of what we call by the somewhat …

Between Town And Gown: The Rise And Fall Of Restorative Justice On Boulder's University Hill, Thomas D. Russell

Utah Law Review

Seven weeks after I moved to Boulder, University of Colorado students rioted three-quarters of a block from my home. In July 2000, my wife, two young children, and I had moved from Austin, Texas, where I taught at the University of Texas. We bought a small Craftsman Bungalow in Boulder. Boulder real estate is expensive; we paid $435,000 for the 1600 square foot house. The first owner of the house, which was built in 1911, was the university librarian, who lived there until his death in 1937. Our next-door neighbor on one side was an English professor at the University …

Restorative Justice And The Two-Track Establishment Clause, Frederick Mark Gedicks

Utah Law Review

Many restorative justice programs, however, do have religious dimensions. A circle sentencing session, for example, may open or close with a prayer or other group religious ritual. Victim-offender mediations may be structured in accordance with theological concepts such as forgiveness, repentance, or atonement, or on sectarian versions of secular ideas like apology, remorse, restitution, or reconciliation. Many would argue, in fact, that even these ostensibly secular ideas were once religious. Participants in such mediations may explicitly invoke a God or a religious belief system as the source of ethical obligations owed by offenders or victims. For instance, a mediation involving …

Restorative Justice And The Jewish Question, Daniel J. H. Greenwood

Utah Law Review

The basic premise of restorative justice seems completely sound. If the goal is to reduce crime, harsh punishment alone seems unlikely to work. You cannot teach a child to avoid hitting others by hitting him; it is hard to believe that you can teach a people to not kill by killing, or teach criminals to respect the law and rights of others by violating the rights of the accused, or teach them to get a job by making them unemployable. Axes of Evil not with standing, most evil is done by people who are enmeshed in a system that invites …

Recent Developments In Utah Law, Timothy K. Conde, Christine M. Seaman

Utah Law Review

In First Equity Federal, Inc. v. Phillips Development, L.C.,' the Utah Supreme Court limited the two-dismissal provision of rule 41(a)(1) of the Utah Rules of Civil Procedure. The First Equity court overruled the prior precedent of Thomas v. Heirs of Braffet, which expanded the meaning of a notice of dismissal to include a perfunctory, or ex parte, motion to dismiss. The court subsequently held that the plain language of rule 41(a)(1)5 does not apply to all types of dismissals, but refers exclusively to notices of dismissal and does not apply to motions to dismiss. Thus, after First Equity, a motion …

Fatal Flaws In The Food And Drug Administration's Drug-Approval Formula, Melissa Marie Bean

Utah Law Review

The mission of the Food and Drug Administration (FDA) is to protect and serve the public by regulating drugs and medical devices. The scope of the FDA's regulatory power is broad; the agency controls the clinical research, approval, and subsequent advertising language used to market drugs to physicians who ultimately prescribe to the public. Historically, the FDA has proceeded through a lengthy approval process at a slow pace to facilitate a thorough evaluation of a drug before its delivery to the public. The AIDS epidemic of the 1980s and the political influences of the 1990s forced the FDA approval process …

Nafta Chapter 11: On An Environmental Collision Course With The World Bank?, David Macarthur

Utah Law Review

NAFTA is still young, and chapter 11 remains a relatively untested system. Its scheme has no real historical precedent, and thus it is hard to predict the course it will ultimately take. Still, most commentators seem to agree that the system, if left unchecked, will likely be detrimental to environmental and other publicpolicy- based actions by involved governments. This is probably especially true for less-powerful nations. NAFTA's chapter 11, in fact, as discussed above, has already had a demonstrably chilling effect on the NAFTA nations' ability to selfregulate in the name of environmental protection, at least in some instances.

Ex Parte Young And Congressional Abrogation: Can The Two Peacefully Coexist?, Julie Jensen Nelson

Utah Law Review

A conflict exists between current jurisprudence on congressional abrogation and the implementation of Ex parte Young. Ex parte Young may be used as a trump card in all situations involving the Eleventh Amendment, leaving the Eleventh Amendment hollow. Essentially, the Eleventh Amendment at this point only protects the rights of a geographical entity to not be sued; it does not protect a state's ability to function independently of congressional law.

A Most Dangerous Experiment? University Autonomy, Academic Freedom, And The Concealed-Weapons Controversy At The University Of Utah, Kathy L. Wyer

Utah Law Review

The American public university is a unique legal entity because it performs a unique role that this country has long recognized as valuable-too valuable to subject its core functions to external political interference. Universities are therefore often left by state law to regulate their own internal affairs, and their decisions on how best to facilitate their educational objectives have received deference under the First Amendment.

Shaken Baby Syndrome: A Questionable Scientific Syndrome And A Dangerous Legal Concept, Genie Lyons

Utah Law Review

For many years now, attorneys have been willing to prosecute, and juries have been willing to convict, people whose only clearly established mistake was caring for a baby that died. Considering the confused state of the medical evidence surrounding SBS, especially since it appears that shaking cannot harm a baby in the manner that has been described for the last thirty years, we should return to the standard proposed in 1962. That is, people should not be accused of child abuse on the basis of subdural hematoma and retinal hemorrhaging alone. Courts should admit, under Daubert, that evidence showing that …

Regulating (For The Benefit Of) Future Persons: A Different Perspective On The Fda's Jurisdiction To Regulate Human Reproductive Cloning, Gail H. Javitt, Kathy Hudson

Utah Law Review

The goal of this Article is modest-to articulate the best argument for the FDA's legal jurisdiction over cloning. The Article argues that the FDA has jurisdiction to regulate cloning as a form of gene therapy. It demonstrates the scientific and regulatory similarities between gene therapy and cloning, and concludes that cloning is the ultimate form of gene therapy, in that it replaces not only one or a few genes but rather the entire genome. Further, the Article provides evidence demonstrating that the FDA has historically viewed its responsibility to assure safety and effectiveness to encompass the evaluation of harms to …

The Fundamentals Of A School Web Site, Jabari Cain

Graduate Research Papers

This review of literature is geared towards the creator and viewer of a school web site. Many developers may or may not have the proper training, equipment or time to create a school web site. Presently, schools are creating web sites that may lack some of the key components addressed in this article. The focus of this review is based on Lamb's six phases of designing an effective school web page. The six phases in creating an educational web site include exploration, planning, designing, creating, revising, and maintaining. The primary functions of a school web site must not be overlooked. …

Watershed-Scale Agricultural Land-Use Impact On Instream Physicochemical Parameters, William Dillahunty, Indrajeet Chaubey, Marty Matlock

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Nonpoint source (NPS) pollution is often the result of runoff losses from agricultural or urban areas. Even though the watershed approach to controlling NPS pollution is identified as the most efficient approach, data linking watershed scale land use and specific water quality implications are very limited. The objective of this study was to quantify the impact of agricultural land use on stream physico-chemical properties. The upper reach of Flint Creek was monitored at two sampling points draining an agricultural land. At each of these points, continuous measurement of stream characteristics such as temperature, dissolved oxygen (DO) concentration, depth, pH, and …

A Review Of Separation Anxiety Disorder With A Focus On Research Based Intervention Strategies, Lauryn C. Kittleson

Graduate Research Papers

The purpose of this paper is to discuss what Separation Anxiety Disorder is, what causes SAD symptoms in some children, successful assessment methods, and finally treatment and intervention options available and the efficacy of each one. The focus of this paper is on research based interventions with the intention of finding the most successful and empirically based intervention available. The most widely used and empirically based intervention available at this time is Cognitive Behavioral Therapy (CBT). Alternative methods of treatment include psycho-education for mild cases and CBT plus medication for severe cases.

Many areas need further research and future studies …

A Comparative Analysis Of Early Childhood Education In Kenya And The United States Of America : Kenya's Social And Economic Constraints, Peter Kibet Koech

Graduate Research Papers

This study examined Early Childhood Education in Kenya and the United States of America. The development of Early Childhood Education in Kenya was discussed through detailed analysis of social and economic constraints. Conclusions were drawn from the available literature; also, suggestions and relevant recommendations were made to help improve Early Childhood Education in Kenya.

Abdominal Actinomycosis Appearing As An Intraabdominal Tumoral Mass, Ömer Şakrak, İpek Müderri̇soğlu, Abdulkadi̇r Bedi̇rli̇, Özhan İnce, Özlem Canöz

Turkish Journal of Medical Sciences

RAK^1 İpek MÜDERRİSOĞLU^2 Abdulkadir BEDİRLİ^1 Özhan İNCE^1 Özlem CANÖZ^3 Departments of ^1General Surgery, ^2Obstetrics and Gynecology, ^3Pathology, Faculty of Medicine, Erciyes University, Kayseri - Turkey

The Pathology Of Echinococcosis And The Current Echinococcosis Problem In Western Turkey (A Report Of Pathologic Features In 80 Cases, M. Şerefetti̇n Canda, Meri̇h Güray, Tülay Canda

Turkish Journal of Medical Sciences

Echinococcosis is an infection caused by Echinococcus granulosus and E. multilocularis. It manifests as cyst formations in various organs, affecting both humans and animals. The cysts may be unilocular (E. granulosus) or multilocular (E. multilocularis). Multilocular cysts have particular significance, for their macroscopic appearance is reminiscent of malignant tumors and their prognosis is poor. The purpose of this study is to describe our cases and to start a discussion on the current echinococcosis problem in İzmir, western Anatolia. The pathological features of 80 cases of echinococcosis diagnosed at Dokuz Eylül University Pathology Department over the last 21 years have been …

The Effects Of Baker's Yeast (Saccharomyces Cerevisiae) In Dairy Cow Diets On Milk Yield, Some Rumen Fluid Parameters And Blood Metabolites Of Dairy Cow Diets, Hüseyi̇n Nursoy, Erol Baytok

Turkish Journal of Veterinary & Animal Sciences

The objective of this study was to investigate the effects of baker's yeast as a protein source instead of soybean meal in dairy cow diets. Four dairy cows were utilized in a 4 x 4 Latin Square experiment. Diets included 0.0% (Control Diet), 6.6% (Diet 1), 13.2% (Diet 2), and 19.8% (Diet 3) baker's yeast containing 3.56 x 10^8 CFU/g. Forty percent of the dry matter intake of dairy cows was supplied from concentrate, and forage was offered ad libitum. The dry matter intake, milk yield, and composition of milk were similar. While the rumen NH_3-N level was significantly low …

Radiographic Evaluation Of Pulmonary Pattern Changes In 27 Cats And 58 Dogs, Mustafa Doğa Temi̇zsoylu, Ali̇ Bumi̇n, Zeki̇ Alkan

Turkish Journal of Veterinary & Animal Sciences

This study sought to determine the roles and effectiveness of findings obtained from radiographic examinations of lungs in the diagnosis of pulmonary diseases and to place radiographic findings into routine practice in dogs and cats. Fifty-eight dogs and 27 cats of different breeds, sexes and ages suspected of having pulmonary disease were used as the study materials after clinical examination and anamnesis. The pulmonary radiographies of these cases were appropriately taken and radiographic findings were evaluated. Radiographic evaluation of the cases revealed an alveolar pattern in eight dogs (13.79%) and five cats (18.52%), an interstitial pattern in 20 dogs (34.48%) …

Insiders: Louisiana Journalists Sallie Rhett Roman, Helen Grey Gilkison, Iris Turner Kelso, Angie Pitts Juban

LSU Master's Theses

Sallie Rhett Roman, Helen Grey Gilkison and Iris Turner Kelso were three women journalists in Louisiana, active in consecutive time periods from 1891 to 1996. Their work brings up five particular questions. First, Why did these women start working and how did they negotiate public employment? Second, how did they balance the relationship between work and home since they did find employment outside of the home? Third, how did they fit into their contemporary image of women and journalists? Fourth, how did they use written language to portray a particular voice to the reader for a particular purpose? Fifth, did …

The Study Of The Role And Effects Of Vocational Education On The Local Economic And Social Development In China, Chich-Jen Shieh

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This study examined the relationship between vocational education and the development of regional social economy, as related to the background of the current reform of the vocational and educational system in China. It also reviewed and analyzed the reform of vocational educational systems in six regions in China. In particular, this study investigated the interrelationship between labor force resources, urban and rural vocational education and the development of social economy. The special phenomena accompanying vocational education and the economic development were illustrated. Research explored the importance and impact of vocational education on the economic and social development.

From this study, …

Stressful Educational Phenomena That Led Teachers To Separate Voluntarily From A South Florida School District, Michael Raymond

Graduate Student Dissertations, Theses, Capstones, and Portfolios

In 1999, the Florida State Legislature passed a statute that provided funding to all Florida school districts for recruitment and retention (Florida Department of Education, Teacher Exit Interview Information, 2000-01 [FDOETEII], 2001). This statute required all districts to document teacher attrition with exit interviews. In the two years that exit interviews have been conducted, 11 1 of the 655 teachers left the district voluntarily due to stress on the job, equating to 16.9% of the total number of voluntary separations (FDOEETEII, 200 1,2002).

When a teacher suffers from burnout they at first could develop increased feelings of emotional exhaustion and …

Grade Retention : Its Impact On Students, Teresa Ann Schneider

Graduate Research Papers

Grade retention has been a heated topic in education for a number of years. Research has shown there are a variety of factors that put students at greater risk for retention. While studies found some students who were retained showed academic improvement, others did not. Retention was also found to have a negative impact on social and emotional adjustments. Students were more successful when retention was paired with additional programs. Schools need to aggressively implement programs to eliminate the need for retention. Principals and teachers must connect research to classroom practice.

Using Technology To Provide More Objective Grading And Compliance With "No Child Left Behind", Kevin Suhr

Graduate Research Papers

In January of 2001, President Bush signed into law the No Child Left Behind Act. "The act redefines the federal role in K-12 education and will help close the achievement gap between disadvantaged and minority students and their peers. It is based on four basic principles: stronger accountability for results, increased flexibility and local control, expanded options for parents, and an emphasis on teaching methods that have been proven to work" (No Child Left Behind Act of 2001, 2003). The passing of the No Child Left Behind Act has added pressure to schools and departments around the country to meet …

Diabetes Education: Overview, Obstacles, And Opportunities, Mary Ann Steffensmeier

Graduate Research Papers

The slogan "if you build it they will come" became a popular marketing phrase in Iowa after the movie "Field of Dreams." One area of health education that would like to see this type of business growth in Iowa is diabetes self-management education. In Iowa, thirty-eight state certified self-management programs exists (Iowa Department of Public Health, 2001a). These programs have been built to meet the standards of the Iowa Department of Public Health (IDPH) for providing quality diabetes education programs. The IDPH's standards are quite similar to the American Diabetes Association (ADA) standards. The ADA has 65 certified programs ("Education …

Factors Related To Physical Activity Behaviors In Young People, Julie Simonson

Graduate Research Papers

Physical activity behaviors in young people are complex and multi-dimensional in nature. The number of children meeting minimum physical activity standards is low, and the prevalence of overweight among youth in the United States is rapidly increasing. This is true in spite of published research showing the positive psychological and physical health benefits of regular physical activity. Reasons for the declining number of children meeting minimum physical activity standards vary widely, and include both demographic and environmental factors. Subsequent knowledge gained through additional research on these determinants and improved educational programs could prove beneficial in increasing physical activity levels in …

A Historical Review Of The School-Based Health Center In Black Hawk County, Diane Lemon Weliver Hoffman

Graduate Research Papers

School-based health centers can provide primary and preventive health care services to students and families while reducing lost school and work time, removing barriers to health care, and promoting family involvement. The research indicates by utilizing a multidisciplinary staff, with interest in prevention and expertise in adolescent health care, anticipatory guidance and appropriate interventions can increase efficiency and effectiveness of preventive health care (Brindis, Kapphahn, McCarter, & Wolfe, 1995; Brindis & Sanghvi, 1997; Key, 2002; Santelli, Morreale, Wigton, & Grason, 1996; Shuler, 2000; Wang, 2000). In addition to staff, the location of the health center also helps to promote and …