Digital Commons Network^™

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

All Faculty Scholarship

The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …

Five Easy Pieces: Motifs Of Health Law, Sandra H. Johnson

All Faculty Scholarship

The film Five Easy Pieces is named for a selection of five piano compositions that the Jack Nicholson character played in a childhood recital. Here, its namesake refers to five motifs of teaching and practicing health law. Like playing the piano pieces, some of these motifs sound difficult to teach but are quite easy, and others sound easy but are quite difficult.

First, whether it is the lawyers shaking their heads about the doctors or the doctors stunned by the ignorance of the lawyers, these two professions have difficulty reaching common understandings. Health law’s defining characteristic is that it attempts …

Executive And Judicial Overreaction In The Guantanamo Cases, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court in Rasul v. Bush and Al-Odah v. United States held that detainees at Guantanamo Bay may challenge their detentions via writs of habeas corpus. Justice Stevens' majority opinion held that "the federal courts have jurisdiction to determine the legality of the Executive's potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing." This holding is potentially unbounded, perhaps enabling someone detained at Kandahar or even Diego Garcia to challenge his detention via the great writ. It appears to be a striking break from the 1950 Johnson v. Eisentrager decision, which strongly intimated that …

Seeking Consistency In Relating Capital To Current Expenditures, Henry Ordower

All Faculty Scholarship

Identifies relational duration as the key factor that distinguishes capital from current expenditures for tax purposes and argues that inventory cost is fundamentally identical to capitalization. Barriers to deductibility such as illegal payment prohibitions should also be barriers to capitalization or inventory absorption.

Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo

All Faculty Scholarship

Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

All Faculty Scholarship

This Article, which is part of a symposium on the 40th Anniversary of Title VII appearing in the Hofstra Labor and Employment Law Journal, evaluates the progress of women in the workforce by critically analyzing the musical "How to Succeed in Business Without Really Trying." Written in the early 1960s and made into a 1967 movie, How to Succeed follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. It also includes the sexual exploits of the exclusively male executive corps among the female …

The History Of The World, Ruby Wescoat

Theses and Dissertations

This Thesis is my effort to understand what subjects I find interesting and why. In the processes of writing and making sculpture, I discovered that my underlying fascination is in history. I am interested in places and objects for their individual qualities, but I also want to know how they relate to the world. If I am drawn to an ancient place or object, I want to examine how it fits into the contemporary world, and visa versa. The complexity of these relationships is increased by the vast number of histories (or stories) that are intertwined in the world. Over …

Factors Influencing Applicant Ranking Of Orthodontic Programs, Michael D. Payne

Theses and Dissertations

Orthodontic programs spend considerable amounts of time and energy to attract, recruit, and interview the best and brightest applicants. Applicants and programs submit ranked preferences, and resident positions are filled by a computerized matching system (Match). The specific aims of this study were to determine the relative importance of certain factors in applicants' Match ranking of orthodontic programs and to determine differences between orthodontic Program Directors perceptions and actual factors cited by applicants influencing their ranking of orthodontic programs.Surveys were mailed to 55 orthodontic Program Directors and 478 applicants participating in the 2002 orthodontic Match. Forty-nine Program Director (89%) and …

Experimental Studies On Nucleation, Nanoparticle's Formation And Polymerization From The Vapor Phase, Victor Maher Abdelsayed

Theses and Dissertations

This research is divided into three major parts. In part I, the critical supersaturations required for the homogeneous nucleation of 2,2,2-trifluorothanol (TFE) vapor have been measured over a temperature range (266-296 K) using an upward thermal diffusion cloud chamber (DCC). The measured supersaturations are in agreement with the predictions of both the classical and the scaled theory of nucleation. Moreover, the condensation of supersaturated TFE vapor on laser-vaporized magnesium nanoparticles has been studied under different experimental conditions, such as the supersaturation, the pressure and the electric field. In part II, the laser vaporization controlled condensation (LVCC) technique was used to …

The Effects Of The Handwriting Without Tears Program On The Handwriting Of Students In Inclusion Classrooms, Lisa Owens

Theses and Dissertations

Many handwriting programs are currently used in schools, but little research has been conducted on their effectiveness. A quasi-experimental non-equivalent comparison group pretest posttest design examined effects of the Handwriting Without Tears program with special and general education students enrolled in inclusion classrooms. Two experimental classes received instruction with the HWT method while two comparison classes received instruction using traditional methods. Handwriting performance was measured using the Minnesota Handwriting Assessment. One-way analysis of covariance tested the differences between rates of handwriting improvement for experimental and comparison groups while controlling for pretest scores. Students in the experimental classes showed no statistically …

Nitric Oxide Inhibition Of Adenylyl Cyclase Type 6 Activity Is Dependent Upon Lipid Rafts And Caveolin Signaling Complexes, Rennolds S. Ostrom, Richard A. Bundey, Paul A. Insel

Pharmacy Faculty Articles and Research

Several cell types, including cardiac myocytes and vascular endothelial cells, produce nitric oxide (NO) via both constitutive and inducible isoforms of NO synthase. NO attenuates cardiac contractility and contributes to contractile dysfunction in heart failure, although the precise molecular mechanisms for these effects are poorly defined. Adenylyl cyclase (AC) isoforms type 5 and 6, which are preferentially expressed in cardiac myocytes, may be inhibited via a direct nitrosylation by NO. Because endothelial NO synthase (eNOS and NOS3), β-adrenergic ( AR) receptors, and AC6 all can localize in lipid raft/caveolin-rich microdomains, we sought to understand the role of lipid rafts in …

The Bankruptcy Code At Twenty-Five And The Next Generation Of Lawmaking, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Positioning Hate, Kathleen Blee

Journal of Hate Studies

A year after the publication of my book on women in the contemporary organized racist movement,Inside Organized Racism: Women in the Hate Movement (2002), I received a series of emails from a woman I will call Jenny. The study of racist activists in this book was based in part on my interviews with women in the Ku Klux Klan, neo-Nazi and white supremacist skinhead groups, and Christian Identity communities. Although Jenny was not among those I had interviewed or even met in the course of the study, she had heard about my book–although not read it, as I later discovered–and …

The Last Uncomfortable "Religious" Question? Monotheistic Exclusivism And Textual Superiority In Judaism, Christianity, And Islam As Sources Of Hate And Genocide, Steven Leonard Jacobs

Journal of Hate Studies

This paper is a preliminary examination of some of the texts of Judaism, Christianity, and Islam–Hebrew Bible, New Testament, Qur’an–that appear to affirm such exclusivism, and, at the same time, a reflection upon the meanings and implications of those texts coterminous with their historical realities.

Demystifying The Tenure Process, Lindsay L. Van Sicklen

The Christian Librarian

The tenure process holds a lot at stake for the candidate. In an effort to demystifY it, the panel will discuss questions about tenure review, the process of tenure review and how to prepare for it, a supervisor's perspective of a candidate up for tenure review along with examples of tenure portfolios.

Four individuals served as panelists for this presentation. Lindsay Van Sidden (Periodicals Librarian) fi·om Ouachita Baptist University (OBU) set the stage by introducing questions that many have as they approach preparing for tenure. She also shared different ways in which OBU paved the way for their candidates. Tami …

2004 Writing Contest Winners, State University Of New York At Cortland

Transformations

The Writing Contest is sponsored by the College Writing Committee and is presented during Transformations conference (formally titled Scholar's Day) at SUNY Cortland.

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

University of Richmond Law Review

No abstract provided.

The Spectral Conforming Model And Its Applications, Jaeho Shim

LSU Doctoral Dissertations

It has been observed that finite element or finite difference model of order can approximate with fair accuracy less than one-third of the eigenvalues of the underlying continuous system corresponding to the low spectrum. The new discrete model, namely the spectral conforming model, is developed to predict the eigenvalues of continuous systems in both the low and high spectra. The spectral conforming models are developed using an inverse vibration method. The classical vibration problem is the direct method. In the direct approach, the characteristic behaviors of the system, i.e. frequency response, natural frequency, and steady state response are analyzed and …

Examining The Processes Controlling Water Column Variability In Narragansett Bay: Time Series Data And Numerical Modeling, Deanna L. Bergondo

Open Access Dissertations

Narragansett Bay is an important resource to the state of Rhode Island for recreational and commercial use. Eutrophication of coastal waters and its associated oxygen demand are of increasing concern for Narragansett Bay. This project focused on continuous in situ measurements and three-dimensional model simulations to better understand the physical, biological and chemical processes which occur in the Bay. Measurements of temperature, salinity, dissolved oxygen, pH, chlorophyll and depth were obtained to gain insight into the process that contribute to phytoplankton production and hypoxia in the Bay. Six major hypoxic events were captured during the summers of 2001 and 2002. …

Issues Of Gender And Peer Collaboration In A Problem-Solving Computer Activity, Laurie E. Center

Open Access Dissertations

The study investigated student attitude and performance on one problem solving computer activity. Four sections of 61 sixth grade students were randomly assigned to either individual computer instruction or same-sex collaborative pairs for six lessons with the spatial perspectives software, Building Perspectives. Students completed pre and post Computer Attitude Questionnaires (CAQ) and Mental Rotation Tests (MRT) to assess differences in attitude and performance between the instructional environment and/or student gender. Results do not indicate significant differences between the independent and collaborative pairs' environments. Boys, however, significantly outperform girls on both pre and post tests of spatial abilities. Moreover, students significantly …

Potential Use Of Nitrogen-15 To Assess Nitrogen Sources And Fate In Narragansett Bay, Joaquin E. Chaves

Open Access Dissertations

Anthropogenic N inputs have been identified as the main source of N to Narragansett Bay, a relatively well-mixed estuary in the northeast coast of the United States. Despite a well constrained N budget high levels of primary production during the summer months, mostly in the form of sporadic "blooms", cannot be explained in terms of current budget estimates. Inputs from the adjacent Rhode Island Sound have been invoked as a potential source of N to account for the Bay's summer production. The dissolved inorganic nitrogen (DIN) from the Rhode Island Sound and the anthropogenic N entering the estuary through the …

Teacher Collaboration: Learning From Inclusion Dyad Dialogues, Carol Ann Frisk

Open Access Dissertations

Research on teacher collaboration since the passage of the Education for All Handicapped Children Act (PL 94-142) in 1975 has increased the efforts in the field of education to improve the practice of collaboration. This is especially important as it applies to the collaboration, or co-teaching, of a special education teacher and a general education teacher in an inclusion classroom. Many textbooks and teaching guides have presented techniques for improving collaborative practice. Researchers have shown a strong interest in broadening the knowledge base about this best practice of collaboration in the educational field, but a continued reliance on surveys and …

Parallel Computations In Quantum Monte Carlo Simulation Of The Van Der Waals Cluster Vibrational Eigenstates, Haisen Li

Open Access Dissertations

The Quantum Monte Carlo computation of the van der Waals cluster vibrational states involves heavy-duty linear algebra computations of large matrices and many iterative procedures containing such computations, which constitute the major bottlenecks of the computational flow. Parallel algorithms can speed up these parts of computations significantly. The study of this dissertation is to parallelize these heavy-duty computations to reduce the overall run time. This thesis first reviews a method to compute the vibrational eigenstates of van der Waals clusters with the Quantum Monte Carlo method, identifies the bottlenecks of the computational flow, introduces the parallel computation facility, and discusses …

The Birth Of Bizdames: A Rupture In The Conversation, Engaging The Body In Decision-Making, Kathleen Mallon

Open Access Dissertations

Organizational studies consistently find that managers spend more time talking than any other activity (Mintzberg, 1973; Simon, 1945), that strategic decisions are developed and enacted through interactive talk (Perlow, 2003; Shaw, 2002), and that a diversity of perspectives has a positive effect on decision-making and organizational performance (Agyris, 1977). Conversely, the evidence suggests that cultures that perpetuate silence are less effective (Bourgeois, 1985; Enz & Schwenk, 1991; Morrison & Milliken, 2000; Ryan & Oestreich, 1991). Thus, knowledge about the inter-relationship of the micro-mechanisms of silence and talk and their effect on organizational performance is critical to management theory and practice …

Revaluing The Literary Naturalist: John Burroughs's Emotive Environmental Aesthetics, Stephen Mark Mercier

Open Access Dissertations

This dissertation widens the circle of environmental aesthetics and ecocriticism by considering the role of the emotive in "appreciation." I demonstrate that emotion is a central feature in the literary naturalism of John Burroughs (1837-1921). Burroughs's model for environmental aesthetics combines narrative knowledge, sensory immersion, and emotional responses. Furthermore, I argue that Burroughs's "sentimental" emotions perform crucial roles in politics and therefore have serious implications for environmental consciousness. The rhetorical strategies inherent in Burroughs's paradigm for environmental aesthetics is essential to contemporary efficacious environmental discourse. This dissertation reclaims the importance of emotional affiliation with creatures, particularly birds, and their habitats. …

The Factors That Influence Middle-Level Teachers To Incorporate Community Service-Learning Into The Curriculum, Andrea J. Hainey-Turcotte

Open Access Dissertations

This study examined the factors that influence middle level educators to incorporate community service-learning into the curriculum. Eleven participants, each a teacher of middle level students, were interviewed to determine the extent to which they were influenced by intended outcomes for students, the community, and themselves. Findings suggest that participants were influenced to include community service-learning in the curriculum by anticipated benefits to students and community members. Participants hoped that by engaging in community service-learning activities, their students would become better scholars, leaders, citizens, and/or people. It would seem that participants were also driven to the implementation of community service-learning …

Individual, Organizational, And Contextual Determinants Of Realized Strategy In Not-For-Profit Organizations, Henry T. Ulrich

Open Access Dissertations

This study addresses organizational direction form the perspective of organizational strategy. It explores the factors that influence realized strategy and especially the degree to which realized strategy is deliberate or emergent. A model is offered that proposes both direct and indirect factors as determinants of realized strategy. Specific direct and indirect factors are hypothesized and the relationships are statistically examined. The sample is composed of twenty nonprofit organizations with a primary base of operations in southern New England. Data was collected for multiple respondents within each organization representing the various levels of management. Most participating organizations were mid-sized, social service …

Domestic Violence Screening By Nurses In The Primary Care Setting, Karen Hetzel

Open Access Dissertations

Domestic violence is one of the most important health care issues in the United States. One of every four women is a victim of domestic violence each year and thirty-one percent of women have a lifetime prevalence of domestic violence. Since most women receive their health care in primary care settings, nurses can play a critical role in decreasing the cycle of violence through screening and intervention. Although the research literature on domestic violence is voluminous, little is known about nursing practice related to routine screening of women for domestic violence or intervention in primary care settings. This study examined …

Determination Of Chlorophyll A Concentrations And Phytoplankton Primary Production In New England Estuarine Waters Using Ocean Color Remote Sensing From Low-Flying Aircraft, Darryl Joel Keith

Open Access Dissertations

The response of coastal systems to the addition of nutrients (especially nitrogen) is generally to stimulate phytoplankton biomass, measured using the concentration of chlorophyll a as a surrogate. However, the concentration and distribution of chlorophyll in the aquatic environment is variable in space and time. Historically, random to systematic design strategies have collected samples from specific locations in space (i.e. a point measurement). These strategies also are limited in sampling intra-annual, seasonal, and episodic events. Therefore, in order to sample on all time scales of interest over large geographic areas, a large number of point measurements and resources are required. …

Evaluation Of A Child Abuse Awareness Program, Jacqueline Jackson Kikuchi

Open Access Dissertations

Archived data from the Sexual Assault & Trauma Resource Center of Rhode Island (SATRC) was used to evaluate the effectiveness of their abuse awareness programs for fourth grade students. The goals of the program included helping children recognize potentially abusive situations so the abuse can be avoided, decreasing the length and extent of abuse through early disclosures, increasing disclosures so victims can received needed services and offenders can be arrested and convicted, decreasing the guilt and shame the victims feel when abuse happens, deterring juvenile offenders, and teaching children and adults how to discuss abuse and help victims. Fifty percent …