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Financial Abuse Of The Elderly: Is The Solution A Problem?, Carolyn L. Dessin

Akron Law Faculty Publications

As a population, we are aging rapidly. With this phenomenon has come an increasing interest in the problems of older Americans. Early studies of elder abuse in the 1970s began a dialogue that continues with increasing vitality. This dialogue has prompted states to attempt to prevent, remedy, and punish elder abuse in a variety of ways.

Although all of the early studies and most of the current studies focus on physical and psychological abuse of the elderly, there is a growing appreciation that financial abuse is a serious problem. Accordingly, many states have attempted to remedy financial abuse, often called …

Stages Of Legal Reasoning: Formalism, Analogy, And Realism, Wilson R. Huhn

Akron Law Faculty Publications

In the late 19th Century, legal reasoning was dominated by formalistic analysis. Judges and lawyers reasoned deductively from base principles. Legal historians have persuasively described how leading judges and scholars fomented a revolution in legal thought in the 20th Century. Starting about 1910, legal realism--or policy analysis-- entered legal reasoning to the point that today it would be unusual to find a judicial opinion or brief that fails to explore the policy implications of an interpretation of the law. This historical shift from formalism to realism suggests that there are stages of legal reasoning.

In this Article, I argue that …

Muscle Recovery From A Short Fatigue Test And Consequence On The Reliability Of Emg Indices Of Fatigue, Christian Larivière, Denis Gravel, A. Bertrand Arsenault, Denis Gagnon, Patrick Loisel

Études primaires

No abstract provided.

Back Strength Cannot Be Predicted Accurately From Anthropometric Measures In Subjects With And Without Chronic Low Back Pain, Christian Larivière, Denis Gravel, Denis Gagnon, A. Bertrand Arsenault, Patrick Loisel, Yves Lepage

Études primaires

No abstract provided.

Communication Apprehension And Interpersonal Skills In Physical Therapy Students : A Comparative Study Of Problem-Based Learning And Traditional Curricula, Beverly D. Fein

All PTHMS Faculty Publications

Physical Therapy education has been challenged to prepare students to meet the increasing demands upon and changing needs of physical therapy practice in the evolving health delivery system. Today's practitioner needs strong interpersonal and collaborative skills for effective communication with patients, families, third party payers, community and other members of the health care team. The characteristics of problem-based learning (PBL) curricula appeared to offer greater potential for students to develop communication skills as compared to traditional curricula. Therefore, this study used available measures of communication apprehension and clinical performance of communication related behaviors to compare students educated in PBL curricula …

Why The Model Penal Code's Sexual Offense Provisions Should Be Pulled And Replaced, Deborah W. Denno

Faculty Scholarship

By all accounts, the Model Penal Code is enormously respected and influential. Yet, relatively soon after the Code's 1962 publication, the Code's sexual offense provisions and even its 1980 revised Commentaries were already considered outdated. The rapid onslaught of the sexual and feminist revolutions of the 1960s and 1970s brought an intense momentum to change rape laws that the Code had, in part, either mirrored or inspired. Only because of the passage of time, the Code's sexual offense provisions and Commentaries now misrepresent the progressive thinking of the Code's reporters. For these reasons, I think the Model Penal Code's sexual …

Leadership Styles Of Successful Tribal College Presidents, Margarett H. Campbell

Graduate Student Theses, Dissertations, & Professional Papers

Mentions Joseph Mc Donald and Salish Kootenai College and also James Shanley and Fort Peck Community College.

The Role Of The Future In Work Motivation, Jonathon J. Richter

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bereavement Camp: A Qualitative Analysis Of A Therapeutic Program For Grieving Youth, Christine Barrett

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Discussion Of Training Strategies Of A Specialized Tactical Team, Michelle Wilson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Speculation's Despair: Kierkegaard's Prank On Hegel In "The Sickness Unto Death", Linda Basilicato

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Old Violin A 1950 Plymouth And A Party : Developing The Personal Intelligences, Linda Louise Merritt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

What Indian Tribes Can Do To Combat Child Sexual Abuse (Issue Paper), Larry Echohawk, Pawnee Indian Tribe, Tessa Meyer Santiago

Tribal Law Journal

One of the most destructive problems affecting children in "Indian country" today is sexual abuse. Increasing reports of child sexual abuse and the severe impact this type of crime has on Indian youth and their families have prompted tribal leaders to voice great concern about the impact of this crime on Indian communities.

Expanding The Network Of Safety: Tribal Protection Orders For Survivors Of Sexual Assault, Sara Deer

Tribal Law Journal

The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.

Is "Response To Intervention" The Answer To The Individuals With Disability Education Act Eligibility Mess?

Child and Family Law Journal

No abstract provided.

Toward Validation Of The Sports Behavior Checklist: A Comparison Of Attention-Deficit/Hyperactivity Disorder And Control Group Children In A Sports Environment, Aaron Clendenin

LSU Master's Theses

Data from participants (N = 124) was entered into a principal components analysis to test the factor structure of the Sports Behavior Checklist ([SBC] Johnson & Rosen, 2000). The subscales of the SBC were correlated with relevant subscales of the Conners'- Revised Parent Form ( Conners, 1997) and Social Skills Rating System (Gresham & Elliott, 1990). Both of these analyses were conducted to determine the construct validity of the instrument. Additionally, a subsample (N = 92) of low socioeconomic status individuals was used to compare groups of Attention-Deficit/Hyperactivity Disorder (n = 49) and non-clinical (n = 43) children on the …

Translating Visions Of Rationality Into Specific Legal Reforms, Joelle A. Moreno

Faculty Publications

No abstract provided.

Lot Of Talk About Nothing| Wallace Stevens And Eastern Thought, Michael A. Hahm

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Obessions And Promiscuities, Azita Osanloo

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Finding And Understanding The Elusive Self: Changing Identities In Amy Tan's The Hundred Secret Senses And Maxine Hong Kingston's The Woman Warrior, Jennifer Walworth

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Dies Irae ("Day Of Wrath") And Totentanz ("Dance Of Death"): Medieval Themes Revisited In 19th Century Music And Culture, Erin Brooks

Inquiry: The University of Arkansas Undergraduate Research Journal

During the pivotal November 2002 football game of Arkansas vs. Georgia in the SEC conference championship, the Georgia marching band struck up their defensive rallying song. Instead of a typical "defense" song, the band played an excerpt of the Gregorian Sequence Dies Irae ("Day of Wrath'') from the Roman Catholic Requiem Mass. Drastically dissociated from its original medieval milieu, this musical Sequence still manages to elicit the same effect of fear and foreboding nearly a thousand years later. Precisely because of its deep musical and cultural roots, the Dies Irae occupies a significant place in history, closely intertwined from early …

Dynamical Evolutionary Psychology: Individual Decision Rules And Emergent Social Norms, Douglas T. Kenrick, Norman P. Li, Jonathan Butner

Research Collection School of Social Sciences

A new theory integrating evolutionary and dynamical approaches is proposed. Following evolutionary models, psychological mechanisms are conceived as conditional decision rules designed to address fundamental problems confronted by human ancestors, with qualitatively different decision rules serving different problem domains and individual differences in decision rules as a function of adaptive and random variation. Following dynamical models, decision mechanisms within individuals are assumed to unfold in dynamic interplay with decision mechanisms of others in social networks. Decision mechanisms in different domains have different dynamic outcomes and lead to different sociospatial geometries. Three series of simulations examining trade-offs in cooperation and mating …

Family Research Council And Roe V. Wade, Gerard V. Bradley

Journal Articles

Thirty years ago in Roe v. Wade the Supreme Court launched what it hoped would be a cultural revolution. Here are the inaugural words: "The right of privacy...is broad enough to encompass a woman's decision whether or not to terminate a pregnancy".

The revolution has progressed rapidly. The counter-strategies tried so far have been ineffective: we are no closer to overruling Roe than in 1973; the abortion liberty occupies an organizing place in our culture and politics; the number of abortions annually has remained remarkably steady over three decades.

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with assertions about the need to promote "economic development." Rather, the remarkable thing about these cases is that the courts questioned the government's right to do so. In Hawaii Housing Authority v. Midkiff, the United States Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that "public use" challenges are subject to rational-basis review. That is, so long as a taking can be justified by …

Clinical And Forensic Outcomes From The Illinois Mental Health Juvenile Justice Initiative, Mike Jenuwine, John S. Lyons, Gene Griffin, Sharon Quintenz, Michelle Sasha

Journal Articles

Objective: To address the mental health needs of youths who are arrest- ed and detained in Illinois, an initiative was designed and implemented that identified youths with psychotic or affective disorders, linked them to community services, and monitored their cases. This study assessed whether such linkage is possible and whether it improves clinical and forensic outcomes. Methods: Under the initiative, court staff refer youths who may have a mental illness to a clinical liaison. If the youth is eligible for the program, the liaison works with the family to develop a community-based action plan. For the analysis presented here, the …

Who Helps The Hegemon?, Mary Ellen O'Connell

Journal Articles

Is the nature of the international legal system changing? Do we see developments in international relations that challenge the core concepts of international law, rendering the law dys-or non-functional. Professor Karl Zemanek sees indicators of just such change. He writes to arouse our attention to the dangers, urging us to act before it is too late. Professor Zemanek sees the United States tending toward hegemony or even imperialism and argues that these tendencies are already changing international law. I share his concerns for the ultimate health of international law, but urge a broader look at the dangers. Focus should be …

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with post hoc assertions about the need to promote economic development. In Hawaii Housing Authority v. Midkiff, the Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that public use challenges are subject to rational basis review; so long as a taking can be justified by some conceivable public purpose, it will be upheld. Yet in recent years, a number of courts have put the …

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

One of the most important challenges to lawyers and clients is addressing issues that are not controlled by law. Will the client take steps (legal steps) that will harm other people? Will the officers of a corporation consider the effects of its actions on workers, on consumers, on the community, on the environment? In a divorce, will the client take actions that will harm a child or spouse? What role should the lawyer play regarding these questions? The way lawyers address such issues may do more to determine whether their practice is socially useful or socially harmful than any rule …

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Journal Articles

Recent reports recognize that children and adolescents with undiagnosed mental illnesses make up a significant proportion of youth in the juvenile justice system. In determining how to rehabilitate youth in the juvenile justice system, judges, lawyers, and probation officers are starting to look at mental health problems as one element contributing to delinquent behavior. It is becoming more common for attorneys to request “mental health assessments” for their juvenile clients. Problems arise, however, in determining what specifically constitutes such an assessment, and in deciding what to do with this information once it is obtained. In 2001, the Illinois Cook County …

Contraception As A Mask Of Personhood, Charles E. Rice

Journal Articles

Sometimes you can learn something by teaching Torts. In my case it happened with the Palsgraf case and John Noonan did it. When we reached Palsgraf, I always discussed with the class Professor Noonan's analysis in Persons and Masks of the Law.

Mrs. Palsgraf lost as a matter of law in the Court of Appeals, and Chief Judge Cardozo wrote the opinion. Professor Noonan thinks she lost because her humanity was covered by the abstract persona, the mask, of an "unforeseeable plaintiff." He did not accuse Cardozo of misapplying the rule of law he used, but of myopia in selecting …