Digital Commons Network^™

Music To My Ears : The Definition And Creation Of A Modern Musical, Seth Tanner Christman

Undergraduate Theses and Senior Projects

No abstract provided.

The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie

All Faculty Scholarship

While labor law academics bemoan the ossification of federal labor law, the potential for state labor law has just begun to be explored. This Article takes a closer look at the New York Greengrocer Code of Conduct, a unique approach to the problem of industry-wide employment law violations. The Code, negotiated by the New York Attorney General's Office in conjunction with groups representing workers and greengrocers, provides a set of minimum terms and conditions for grocers which to some extent go beyond statutory requirements. In return for agreeing to the Code, grocers can avoid liability for past state employment law …

Beyond Bakke: Grutter-Gratz And The Promise Of Brown, Joel K. Goldstein

All Faculty Scholarship

The Supreme Court’s long-awaited decisions this past summer in the Michigan affirmative action cases provided yet another landmark in the continuing controversy regarding race and education. A quarter century, almost to the day, after the Court handed down its badly splintered decision in Regents of the University of California v. Bakke,[1] the Court again concluded that universities may sometimes, but not always, give some preference to racial and ethnic minorities in deciding whom to admit. The Court, in a 5-4 decision in Grutter v. Bollinger, upheld the constitutionality of the University of Michigan Law School’s admission policy that considered race …

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 …

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 …

Cave Temperatures And Global Climatic Change, Giovanni Badino

International Journal of Speleology

The physical processes that establish the cave temperature are briefly discussed, showing that cave temperature is generally strictly connected with the external climate. The Global Climatic changes can then influence also the underground climate. It is shown that the mountain thermal inertia causes a delay between the two climates and then a thermal unbalance between the cave and the atmosphere. As a consequence there is a net energy flux from the atmosphere to the mountain, larger than the geothermal one, which is deposited mainly in the epidermal parts of caves.

The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk

Articles

Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.

Enhancement Of English Language Learner Literacy In An Urban High School, Cassandra L. Barker-Carr

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was a study that used a curriculum unit that was developed by Thombs (1998). It was a study to investigate the use of e-mail and preservice teachers as tools to enhance the literacy skills of high school students enrolled in the English as a second language (ESL) classes. A curriculum unit was used to encourage mentor feedback facilitated by e-mail communication. The ESL students wrote on topics that were assigned by their teacher, submitted the writings to their mentor via e-mail, and then received feedback from the mentor in the same manner. Originally, this curriculum unit was …

The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton

Articles

No abstract provided.

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

Articles

No abstract provided.

Laureate, 2004, Old Dominion University

University Yearbooks

2004 yearbook of Old Dominion University

Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

A Grounded Theory Analysis Of Novice And Veteran Principals Through The Dreyfus And Greenfield Models, Shobhana Rishi

University of the Pacific Theses and Dissertations

The purpose of this exploratory study was to develop categories of work meaningful to elementary school principals that are significant at the beginning of one's career and after ten or more years on the job. A total of 15 public elementary school principals were interviewed. Using grounded theory, the interview data were analyzed and coded for topics that represented work concerns in beginning and later career. The results were interpreted within the Dreyfus model of learning to identify the principals' levels of performance and through the Greenfield model to identify the areas of principal work that presented continuing challenges for …

Diffusional Interactions At Dual Disk Microelectrodes: Comparison Of Experiment With Three-Dimensional Random Walk Simulations, John E. Baur, Perry N. Motsegood

Faculty Publications – Chemistry

Three dimensional random walk simulations were used to model the diffusional interactions between coplanar dual disk microelectrodes. Working curves for the dependence of shielding factor, collection efficiency, and amplification factor on the size of the gap between the electrodes were developed. The simulations showed that when the gap size was ≥22 radii, the electrodes could be considered as independent and diffusionally isolated. Empirical equations for determining the gap size from simple shielding and generator-collector experiments were established. The simulation was used to model the collector electrode response for square waves of various frequencies applied to the generator electrode. Simulation results …

Assimilating Intensive Writing Into Respiratory Therapy Instruction: One Baccalaureate Program’S Experience, Lynda Thomas Goodfellow, Meghana Patil

Internet Journal of Allied Health Sciences and Practice

Writing is an important tool in the process of learning and communication. Many universities across the United States recognize the importance of implementing writing into respective learning disciplines through a number of approaches. A respiratory therapy program at a large urban university recently assimilated a writing intensive course into their baccalaureate curriculum over a two-year period. A faculty member and a graduate teaching assistant planned as co-instructors various writing assignments that would incorporate writing as an activity to promote critical thinking and learning. The instructors made a dedicated effort to improve professional communication skills through various writing-to-learn strategies and observed …

Shared Reading For Teaching English As A Foreign Language To Young Learners In Russia, Inna V. Kuznetsova

Graduate Research Papers

Shared Reading has proven to be very effective in developing language and literacy skills of children in the West. This project introduces Shared Reading as a curriculum component of English as a foreign language for young children in Russia. Review of the literature regarding the effectiveness of Shared Reading is described. The project includes two units of four lessons each that illustrate implementation of Shared Reading, oral language and other literacy activities. The project concludes with specific recommendations for dissemination of this work.

Reading Motivation Of Middle School Students, Sandra K. Leinen

Graduate Research Papers

The purpose of this literature review was to examine the motivation factors that influence middle school students' reading motivation. The literature review addresses the issue of declining reading motivation of middle school students as they progress through the grade levels. This review deals with four main areas: motivation, intrinsic motivation, extrinsic motivation, and self-efficacy. Literary resources were gathered and results of a reading survey completed by students at AHST Middle School were included. Information from both sources were reviewed and analyzed. The results of the literature review and the Avoca-Hancock-Shelby-Tennant (AHST) Middle School database indicate ways to increase middle school …

Literacy Backpacks For Emergent Readers, Lori J. Logan

Graduate Research Papers

Schools and families are continually searching for ways to bridge learning between home and school. Partnerships that encourage literacy learning at home are especially important for young children. Literacy backpacks were designed to encourage parents and children to engage in meaningful literacy experiences in their homes. The literacy backpacks include a collection of literature, activities, and supplies that enable families to enjoy literacy learning in an informal setting. Literacy backpacks provide emergent readers and writers opportunities to see adults model literacy behaviors, to engage in meaningful interactions with adults and text at home, and to actively construct literacy knowledge independently.

Integrating Technology Into Literature Circles, Carrie A. Lutkenhaus

Graduate Research Papers

The purpose of this project is to develop a series of in-services that train middle school literature teachers in the integration of technology into literature circles. A staff development workshop was created to coincide with the Fort Dodge Community School District reading improvement goal. The audience for this staff development workshop will include eight fifth and sixth grade teachers from Fair Oaks Middle School. A review of the literature concerning literature circles and the integration of technology confirmed that the integration of technology into literature circles would have a positive effect on the literature classroom. Literature circles and the integration …

116th Annual Meeting Of The Iowa Academy Of Science [Program, 2004], Iowa Academy Of Science

Iowa Academy of Science Documents

Contents:

Notes Page --- 3
Friday Program Summary --- 4
Senior Academy Poster Presentation Titles --- 5
General Session Speakers --- 7
Symposia Programs --- 8
Saturday Program Summary --- 9
Section Meeting Programs (Alphabetical by Section) --- 9
2004 Awards --- 14
Abstracts (by Section) --- 15
Author Index --- 42

Developing Diabetes Educational Materials For Gambian Clinic Staff And Type 2 Diabetics, Rachel Golin

Masters Theses

The Gambia is a small, developing country on the west coast of Africa. As with much of the world, there has been an increase in Type 2 Diabetes in the Gambia. According to the World Health Organization, the total population of the Gambia is 1.3 million (1). In 2000, there were 22,000 diabetics in the Gambia (estimated prevalence of 2%) and it is projected that the number will reach 61,000 by the year 2030 (2).

One way to help combat the increase of Type 2 Diabetes and its complications is by educating clinic staff workers and diabetics using educational materials …

Resource Harvesting Within The Oai-Pmh Framework, Herbert Van De Sompel, Michael L. Nelson, Carl Lagoze, Simeon Warner

Computer Science Faculty Publications

Motivated by preservation and resource discovery, we examine how digital resources, and not just metadata about resources, can be harvested using the Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH). We review and critique existing techniques for identifying and gathering digital resources using metadata harvested through the OAI-PMH. We introduce an alternative solution that builds on the introduction of complex object formats that provide a more accurate way to describe digital resources. We argue that the use of complex object formats as OAI-PMH metadata formats results in a reliable and attractive approach for incremental harvesting of resources using the OAI-PMH.

So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports

Faculty Scholarship

Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …

Families And The Moral Economy Of Incarceration, Donald Braman

GW Law Faculty Publications & Other Works

This chapter examines the moral economy of incarceration from the perspective of one family. Derrick and Londa's story, neither one of flagrant injustice nor triumph against the odds, shows a family facing addiction, the criminal justice system's response to it, and the mixture of hardship and relief that incarceration brings to many families of drug offenders. Stories like theirs are almost entirely absent from current debates over incarceration rates and accountability. Indeed, the historical lack of the familial and community perspective of those most affected by incarceration can help to explain the willingness of states to accept mass-incarceration as a …

The Donor Class: Campaign Finance, Democracy, And Participation, Spencer A. Overton

GW Law Faculty Publications & Other Works

This Article uses the U.S. Supreme Court's recent opinion in McConnell v. FEC to argue that the law should play a central role in reducing the impact of disparities in wealth on political participation. In upholding large parts of the Bipartisan Campaign Reform Act, the Court in McConnell acknowledged the adverse impact of concentrated wealth on widespread democratic participation and self-government. Even in the aftermath of the reforms upheld in McConnell, however, a small, wealthy and homogenous donor class continues to make relatively large contributions that fund the bulk of American politics. Less than one percent of the U.S. population …

The Tyranny Of Time: Vulnerable Children, Bad Mothers, And Statutory Deadlines In Parental Termination Proceedings, Catherine J. Ross

GW Law Faculty Publications & Other Works

This paper explores issues raised by the Adoption and Safe Families Act of 1997 (ASFA) and contends that the Act may have unwittingly harmed some children and mothers by creating a categorical imperative that a child's health and safety must be a paramount consideration in child welfare decisions. After discussing the reforms made by the Act, this paper analyzes hard cases, in particular cases involving substance abusing mothers and battered mothers, and concludes that in some instances children's interests in these cases might be better served by a flexible standard where the child asserts a claim to a continued relationship …

Political Questions And Political Remedies, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

Defenders of the political question doctrine sometimes observe that the lack of a judicial remedy for a constitutional violation does not deprive injured parties of all remedy, because injured parties can pursue a political or an electoral remedy - they can seek relief at the ballot box or in the political process. This essay criticizes that argument. Political and electoral remedies for constitutional violations are ineffective for important practical and theoretical reasons that grow out of the different structures of the judicial, political, and electoral processes. The judicial process focuses each case on a particular issue; candidates in elections always …

Translating Modern Short Story: Drying Out Joyce's "Clay", M. Teresa Caneda-Cabrera

Short Story

No abstract provided.

Golf Course Pollution Prevention Guide, Iowa Waste Reduction Center

Iowa Waste Reduction Center Book Gallery

According to the Environmental Protection Agency (EPA), pollution prevention can be defined as: “The use of materials, processes, or practices that reduces or eliminates the creation of pollutants or wastes at the source.” Pollution prevention represents a shift away from the old school of thought, “pollution control,” in which waste was not dealt with until after it was generated. Through pollution prevention, we look at the processes that generate the waste to see if we can avoid creating a waste in the first place, or at least reduce the hazardous nature of the waste. When this is not possible, the …

Competition And Success In Secondary School Drama Programs: A Comparative Study, Lisa Lenstra-Norman

Graduate Research Papers

Among the participants in secondary school drama programs, indirect competition, with its emphasis on mastery and personal achievement, may promote the development of successful behaviors such as having the ability to perform tasks skillfully, revealing a commitment to setting and reaching high expectations, showing responsibility, possessing self-esteem and caring for others. Therefore the purpose of this study is to determine an answer to the following question: does indirect competition enhance the success of participants in a secondary school drama program? Because one of the two schools studied does not take part in large group or individual speech contests, this study …