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2004

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Protect Downward Departures: Congress And The Executive's Intrusion Into Judicial Independence, Skye Phillips Jan 2004

Protect Downward Departures: Congress And The Executive's Intrusion Into Judicial Independence, Skye Phillips

Journal of Law and Policy

No abstract provided.


One Standard Fits All? Defining Achievement Standards For Students With Cognitive Disabilities Within The No Child Left Behind Act's Standardized Framework, Cory L. Shindel Jan 2004

One Standard Fits All? Defining Achievement Standards For Students With Cognitive Disabilities Within The No Child Left Behind Act's Standardized Framework, Cory L. Shindel

Journal of Law and Policy

No abstract provided.


Throwing History And Physical Attributes Of Collegiate Baseball Pitchers And Their Association With Present Elbow Health, Kevin M. Walker Jan 2004

Throwing History And Physical Attributes Of Collegiate Baseball Pitchers And Their Association With Present Elbow Health, Kevin M. Walker

Masters Theses

In the modern era of sports, major injuries occur as routinely as practice. There is no better example than in the world of baseball. The purpose of this study was to determine the factors that contribute significantly to elbow trauma in pitchers. Data was gathered from pitchers at the collegiate level of play. It was hypothesized that a pitcher's playing behavior in regard to pitch count, pitch type, and weekly pitching frequency would directly relate to a history of elbow injury. Also such factors as height, weight, pitching stride length, elbow joint laxity, upper and lower arm length, and flexion …


Proportional Representation Electoral Systems And Indigenous Representation: Case Studies From Bolivia, Ecuador, And Peru, Arne Romanowski Jan 2004

Proportional Representation Electoral Systems And Indigenous Representation: Case Studies From Bolivia, Ecuador, And Peru, Arne Romanowski

Masters Theses

The central question of this analysis is how the proportional representation electoral systems in Bolivia, Ecuador, and Peru are linked to indigenous political representation. I argue that the electoral system and its affect on party structures and party development are part of the reason why indigenous people, who make up a great part of the population in these three countries, are chronically under-represented in their political systems. In these case studies, district and national level data from the two most recent elections for the national legislatures was analyzed in terms of indigenous party formation and success. The study concludes that …


The Individualized Education Plan: Parental Satisfaction And Involvement, Melissa Habing Jan 2004

The Individualized Education Plan: Parental Satisfaction And Involvement, Melissa Habing

Masters Theses

Little recent research has examined parents' involvement and satisfaction with their child's Individualized Education Plan (IEP). For the current study, parents of children with special needs were surveyed. Out of 1,000 questionnaires mailed out by an agency that provides support to families who have a child with a disability, 348 parents completed and returned the survey. As a result of the parents' written responses, it was determined that 234 (67%) of the children they reported on were boys and 114 (33%) were girls. The age of the children whose parents completed the questionnaire ranged from two to twenty-two. All eligible …


Distinct Group Differences And Discriminant Validity Of The Adjustment Scales For Children And Adolescents: Attention Deficit-Hyperactivity Disorder Versus Oppositional Defiant Disorder, Kim D. Miller Jan 2004

Distinct Group Differences And Discriminant Validity Of The Adjustment Scales For Children And Adolescents: Attention Deficit-Hyperactivity Disorder Versus Oppositional Defiant Disorder, Kim D. Miller

Masters Theses

The present study examined the distinct group differences and discriminant validity of the Adjustment Scales for Children and Adolescents (ASCA). Participants included 36 children in Kindergarten through eleventh grade. Twenty-seven of the children met DISC-IV I DSM-IV (DSM-IV-TR, 2000) criteria for ADHD, and 9 met criteria for ODD. The participants were classified based on the results of the DISC-IV (Shaffer, Fisher, Lucas, Dulcan & Schwab-Stone, 2000) interview completed with the parent. The referring classroom teacher then completed the ASCA. Results of the present study did not support the distinct group differences and thus the discriminant validity of the ASCA. The …


U.S./Nato Relations After 9/11: U.S. Contributions To Nato Missions, David E. Heinz Jan 2004

U.S./Nato Relations After 9/11: U.S. Contributions To Nato Missions, David E. Heinz

Masters Theses

Since the end of the Cold War, the future of NATO has been discussed amongst scholars. Critics argue that NATO is no longer relevant, while proponents argue that is still has a viable function in the international community. This thesis asks the question, what the United States contributes to NATO missions and what does this mean to NATO's future. This thesis examines NATO mission in Kosovo, Afghanistan and Iraq, looking at the background of the mission, how and why it was created and how has the mission evolved. The evidence suggests that since September 11, 2001, the United States has …


Subsemy: Using Subversion To Create Multiple Meanings In Rhetorical Texts, Kane Madison Click Jan 2004

Subsemy: Using Subversion To Create Multiple Meanings In Rhetorical Texts, Kane Madison Click

Masters Theses

This thesis focuses on the use of subversion to create multiple meanings in rhetorical texts. Subversion, an element focused on by Fiske (1986, 1987) and McKerrow (1988) in their early contributions to the rhetorical study of multiple meaning texts, has been an ongoing lacunae in the study of polysemic texts. I wish to provide a correction to this problem by offering the concept of subsemy. By examining the role of strategic ambiguity and irony in the functioning of subversion, the concept of subsemy provides a missing picture of how popular cultural texts, film in particular, can function subversively.


An Observational Study Of Delivered And Received Aggression, Gender, And Social-Psychological Adjustment In Preschool: Abstract "This White Crayon Doesn't Work ... ", Jamie M. Ostrov, Kathleen E. Woods, Elizabeth A. Jansen Yeh, Juan F. Casas, Nikki R. Crick Jan 2004

An Observational Study Of Delivered And Received Aggression, Gender, And Social-Psychological Adjustment In Preschool: Abstract "This White Crayon Doesn't Work ... ", Jamie M. Ostrov, Kathleen E. Woods, Elizabeth A. Jansen Yeh, Juan F. Casas, Nikki R. Crick

Psychology Faculty Publications

A semi-structured observational study investigated gender differences in delivered and received relational, physical, verbal, and nonverbal aggression in a young preschool sample (N = 60). Findings revealed that gender differences in subtypes of aggression may be apparent as early as 3 years of age. Specifically, girls were found to deliver and receive more relational aggression than males, whereas boys tended, although not significantly, to deliver and significantly received more physical aggression than females. Relational and physical subtypes of delivered and received aggression were differentially associated with preschoolers' social-psychological adjustment.


The Impact Of A Garden Program On The Physical Environment And Social Climate Of A Prison Yard At San Quentin State Prison, Kathryn E. Waitkus Jan 2004

The Impact Of A Garden Program On The Physical Environment And Social Climate Of A Prison Yard At San Quentin State Prison, Kathryn E. Waitkus

Theses and Dissertations

Despite the fact that the physical environments and social climates of prisons have been found to be physically and mentally stressful to inmates, more than 70% of those within the California prison system return to prison within three years after being paroled. As part of an effort to reduce these high recidivism rates, a rehabilitative gardening program was started at San Quentin State Prison. The intent of this project was to determine the impact of a garden project on the physical environment and social climate of a prison yard, from both inmate and staff perspectives. Research was primarily qualitative, consisting …


Briefly Noted, Harold Coward Jan 2004

Briefly Noted, Harold Coward

Journal of Hindu-Christian Studies

A brief review of Encountering Kali: In the Margins, at the Center, in the West edited by Rachel Fell McDermott and Jeffrey J. Kripal.


Book Review: "Imagining Hinduism: A Postcolonial Perspective", Deepak Sarma Jan 2004

Book Review: "Imagining Hinduism: A Postcolonial Perspective", Deepak Sarma

Journal of Hindu-Christian Studies

A review of Imagining Hinduism: A Postcolonial Perspective by Sharada Sugirtharajah.


Dialogue 'On The Ground': The Complicated Identities And The Complex Negotiations Of Catholics And Hindus In South India, Selva J. Raj Jan 2004

Dialogue 'On The Ground': The Complicated Identities And The Complex Negotiations Of Catholics And Hindus In South India, Selva J. Raj

Journal of Hindu-Christian Studies

Interreligious dialogue is a vital theological concern for the Catholic Church in India. Over the past three decades, church leaders, progressive theologians, and maverick monastics have experimented with various models and forms of interreligious dialogue. Quite distinct from these contrived institutional initiatives is the dynamic of intimate, subtle, and spontaneous ritual exchange and dialogue between ordinary Hindus and Catholics occurring in the arena of popular piety and rituals at the grassroots level - often in opposition to institutional norms and directives - that may be described as "dialogue on the ground." In light of ethnographic research at the shrine of …


2000-2002 Book Awards Jan 2004

2000-2002 Book Awards

Journal of Hindu-Christian Studies

Every three years, the Society for Hindu-Christian Studies honors a recent work in the field with the Society's book award. This year, at the Annual Meeting of The American Academy of Religion, the Society honored Corinne Dempsey's Kerala Christian Sainthood: Collisions of Culture and Worldview in South India. Along with Dempsey's work, three of the finalists for this year's award are reviewed below: Francis X Clooney's Hindu God, Christian God: How Reason Helps Break Down the Boundaries between Religions, Thomas Forsthoefel's Knowing Beyond Knowledge, and Peter van der Veer's Imperial Encounters: Religion and Modernity in India and …


The Intra- And Inter-Religious Conversions Of Nehemiah Nilakantha Goreh, Jon Keune Jan 2004

The Intra- And Inter-Religious Conversions Of Nehemiah Nilakantha Goreh, Jon Keune

Journal of Hindu-Christian Studies

The life of Nilakantha Goreh contains a wealth of inter-religious and cross-cultural encounters, yet surprisingly little has been written about him. Goreh was a traditionally educated Chitpavan Brahmin, growing up outside the pale of British education and British-influenced Hindu reform movements. His name is best known now for how his initially staunch and public opposition to Christianity slowly gave way until he finally was baptized in 1848. What little scholarship there is on Goreh has tended to either focus on or view his whole life in light of his inter-religious conversion. Although Goreh's inter-religious conversion was undeniably crucial and worthy …


Truth As A Way Of Life, Corey Beals Jan 2004

Truth As A Way Of Life, Corey Beals

Quaker Religious Thought

No abstract provided.


The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth Jan 2004

The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern courts have relied too heavily on deference-based reasoning, and have failed to adequately consider both international law and congressional authorization when upholding the detentions as constitutional. The War of 1812, termed "Mr. Madison's War" by contemporary opponents, was fought largely on our own territory against a powerful foreign enemy, making it an especially rich source for comparison to the modern war …


Hard Cases Make Good Judges, Suzanna Sherry Jan 2004

Hard Cases Make Good Judges, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a more nuanced and pragmatist approach in the context of a mature jurisprudence. Rigid tiers of scrutiny are simply not flexible enough to accommodate both the legitimate goals of the legislature and the need to guard against illicit attempts at pure censorship of unpopular ideas. Some form of balancing-whether identified as such or simply evident in the application of intermediate scrutiny-is necessary to avoid either too much …


Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry Jan 2004

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Vanderbilt Law School Faculty Publications

What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of sexual orientation. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,3 the Court upheld the right of parade organizers to exclude gay-rights banners. In Zelman v. Simmons-Harri4s , the Court permitted government funding of religious schools through vouchers issued to low-income parents. And in Rosenberger v. Rector and Visitors of the University of Virginia, the Court required state funding of the …


What's Law Got To Do With It?, Suzanna Sherry Jan 2004

What's Law Got To Do With It?, Suzanna Sherry

Vanderbilt Law School Faculty Publications

The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the numbers holistically, not statistically. And what I see tells a different story--if it tells any story at all.


Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl Jan 2004

Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of decisions that must be made under it. Part II delves more deeply into each of the topics covered in the NR&E issues, eight in all, providing in each case the necessary legal background followed by a discussion of how the topic played out in the two NR&E issues. Finally, I conclude with a brief summary of my own perspectives on …


Apology And Thick Trust: What Spouse Abusers And Negligent Doctors Might Have In Common, Erin O'Connor Jan 2004

Apology And Thick Trust: What Spouse Abusers And Negligent Doctors Might Have In Common, Erin O'Connor

Vanderbilt Law School Faculty Publications

As apology advocates have previously emphasized, much of the civil litigation that clogs court dockets in America today could be avoided with a simple heartfelt apology. Although sometimes difficult to offer, these expressions of remorse are profoundly powerful and valuable for humans as social animals. Nevertheless, apologies can be problematic. This Article used evolutionary theory as a tool to explore the costs of apology in two areas-spouse abuse and medical malpractice-to suggest that excessive victim forgiveness can, in some contexts, cast doubt on the effectiveness of a purely private litigation system for creating appropriate behavioral incentives. It also explored ways …


United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran Jan 2004

United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film production.


How Different Is Death? Jury Sentencing In Capital And Non-Capital Cases Compared, Nancy J. King Jan 2004

How Different Is Death? Jury Sentencing In Capital And Non-Capital Cases Compared, Nancy J. King

Vanderbilt Law School Faculty Publications

Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in non-capital cases. Unlike jury sentencing in capital cases, jury sentencing in non-capital cases includes functional differentials in judge and jury options for sentencing, and fewer controls on arbitrary decision-making. Jury sentencing in both contexts shares the potential for reluctance on the part of elected judges to reduce jury sentences, information gaps on the part of jurors in setting sentences, and, above all, service as a tool in …


Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble Jan 2004

Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble

Vanderbilt Law School Faculty Publications

Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how felony jury sentencing actually operates in three different states - Kentucky, Virginia, and Arkansas. Dozens of interviews with prosecutors, defenders, and judges, as well as an analysis of state sentencing data, reveal that this neglected corner of state criminal justice provides a unique window through which one can observe some of the most fundamental forces operating in criminal adjudication today. It turns out that jury sentencing in …


The Influence Of Students' Cognitive Style On A Standardized Reading Test Administered In Three Different Formats, Elizabeth Lynn Blanton Jan 2004

The Influence Of Students' Cognitive Style On A Standardized Reading Test Administered In Three Different Formats, Elizabeth Lynn Blanton

Electronic Theses and Dissertations

The purpose of this study was to examine the means of scores on three forms of a standardized reading comprehension test taken by community college students in developmental reading classes. The three forms of the test were administered as a timed multiple-choice test, a constructed response test, and an un-timed multiple-choice test. Scores on the Group Embedded Figures Test (GEFT) were used to classify the students who participated in the study as having field dependent (LOW GEFT), mid-field dependent/independent (MID GEFT), or fieldindependent (HIGH GEFT) tendencies. The paired samples test was used to analyze the scores among the students classified …


Multiple Scattering Of Light In Inhomogeneous Media And Applications, Claudia Mujat Jan 2004

Multiple Scattering Of Light In Inhomogeneous Media And Applications, Claudia Mujat

Electronic Theses and Dissertations

Light scattering-based techniques are being developed for non-invasive diagnostics of inhomogeneous media in various fields, such as medicine, biology, and material characterization. However, as most media of interest are highly scattering and have a complex structure, it is difficult to obtain a full analytical solution of the scattering problem without introducing approximations and assumptions about the properties of the system under consideration. Moreover, most of the previous studies deal with idealized scattering situations, rarely encountered in practice. This dissertation provides new analytical, numerical, and experimental solutions to describe subtle effects introduced by the properties of the light sources, and by …


The Design And Development Of A Comprehensive 49 Locus Y-Str Database For Major U.S. Populations, Paulina Niki Berdos Jan 2004

The Design And Development Of A Comprehensive 49 Locus Y-Str Database For Major U.S. Populations, Paulina Niki Berdos

Electronic Theses and Dissertations

The establishment of a U.S. National Y-STR reference database from a variety of geographically and ethically diverse populations is essential to facilitate the generation of reliable estimates of Y-STR haplotype frequencies. Such multi-locus haplotype frequencies are required to provide a statistical estimate of the significance of a match. Y-STR loci, unlike traditional STR markers, are not independent of one another and are co-inherited as extended haplotypes of linked markers. The estimation of the frequency of occurrence of a particular haplotype therefore necessitates the use of a counting method, which means that the significance of many matches is dependent upon the …


Nascar Restrictor Plate Exhaust Manifold Design Strategies, Matthew John Dollhopf Jan 2004

Nascar Restrictor Plate Exhaust Manifold Design Strategies, Matthew John Dollhopf

Electronic Theses and Dissertations

This paper presents the results of a study on exhaust manifold design for a NASCAR Restrictor plate internal combustion engine. A computer simulation model was developed using Ricardo WAVE software. WAVE is a computer-aided engineering code developed by Ricardo to analyze the dynamics of pressure waves, mass flows and energy losses in ducts, plenums and the intake and exhaust manifolds of various systems and machines. [1] The model was validated against experimental data from a current NASCAR Winston Cup restrictor plate motor. The parameters studied have been exhaust manifold diameters and lengths. A response surface analysis of the simulation output …


Motivations For Enterprise Resource Planning (Erp) System Implementation In Public Versus Private Sector Organizations, Joycelyn Lorraine Harrison Jan 2004

Motivations For Enterprise Resource Planning (Erp) System Implementation In Public Versus Private Sector Organizations, Joycelyn Lorraine Harrison

Electronic Theses and Dissertations

The goal of this research was to increase the knowledge base regarding Enterprise Resource Planning (ERP) Software implementation, particularly in the public sector. To this end, factors regarding benefits sought through ERP system implementation and critical factors surrounding successful ERP implementation were identified. In addition, the perception of project team members’ satisfaction with modules implemented and their concerns about implementing ERP software were identified in this study. The results of this study provided recommendations for public- and private-sector organizations in order to increase their opportunity for successful ERP system implementation. The literature review and results of this study suggested that …