Digital Commons Network^™

Cc: Job Seekers Current Workers University Aspirants: Conversations On Community Co, Mateusz Perkowski

Metroscape

An article which discusses the mission and value of higher learning in community colleges in the Portland Metro area.

Response To State Action And A New Birth Of Freedom, Robin West

Georgetown Law Faculty Publications and Other Works

I have just a few comments. The first comment is a contribution to the ''analytic" question posed by Professor Black's work and made explicit by Professors Peller and Tushnet's paper. To make the case for the constitutional status of welfare rights, I do not think it is sufficient-although it may well be necessary-to show that the "state action" problem is merely a pseudo-problem, whatever the reason for finding it not to be a problem. I do not agree with one of the claims put forward by Peller and Tushnet,' that Black's perceptive analysis of the state action problem in his …

Under The Empirical Radar: An Initial Expressive Law Analysis Of The Ada, Michael Ashley Stein

Faculty Publications

No abstract provided.

Migration And Socioeconomic Change In Montana: 1995 To 2000, Nicholas J. Hill

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The First Free Exercise Case, Walter J. Walsh

Articles

Part I of this Article tells the colonial history of religious freedom in New York State from a minority perspective, with specific reference to the secrecy of the confessional-the very practice that would be constitutionally tested in Philips. Part II describes the immediate social and political issues raised by the influx of Irish Catholic refugees into New York City in the wake of the failed United Irish Rebellion of 1798. Part III treats the unfriendly 1811 ruling of the federalist Chief Justice James Kent in People v. Ruggles as representative of the dominant Anglocentric constitutional legacy of imperial Protestant …

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Articles

This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …

Transfrontier Conservation Areas Of Southern Africa And International Law In The Context Of Community Involvement, Randy J. Tanner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Influences Of Family Leisure Patterns On Perceptions Of Family Functioning*, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

This study conducted a preliminary test of a model of family leisure functioning by examining the relationship of core and balance family leisure patterns to family cohesion and adaptability. We hypothesized that core family leisure patterns address family needs for stability, facilitate the development of cohesive relationships, and are related to perceptions of family cohesion, whereas balance family leisure patterns address family needs for change, facilitate the development of adaptive skills, and are related to perceptions of family adaptability. Findings from 2 multiple regression analyses provided preliminary support for the model. Conclusions and implications are discussed.

Extracting Appalachia: Images Of The Consolidation Coal Company, 1910–1945, Geoffrey L. Buckley

Ohio University Press Open Access Books

As a function of its corporate duties, the Consolidation Coal Company, one of the largest coal-mining operations in the United States during the first half of the twentieth century, had photographers take hundreds of pictures of nearly every facet of its operations. Whether for publicity images, safety procedures, or archival information, these photographs create a record that goes far beyond the purpose the company intended.

In Extracting Appalachia, geographer Geoffrey L. Buckley examines the company’s photograph collection housed at the Smithsonian Institution’s National Museum of American History. Included in the collection are images of mine openings, mining equipment, and mine …

Drama Beat (Winter 2004) | Newsletter, Jacksonville State University

Department of Theatre & Film Performance Archive

19-29 February 2004; "West Side Story;" 15-18 April 2004; "Towards Zero;" 20-23 May 2004; "Wise Women;" 17-20 June 2004; "La Veniexiana (The Venetian Way);" 27-29 May 2004; "Rosencrantz and Guildenstern Are Dead." This item is contained within the Theatre & Film Production Archive.

Phylogeny And Biogeography Of Wajira (Leguminosae): A Monophyletic Segregate Of Vigna Centered In The Horn Of Africa Region, Mats Thulin, Matt Lavin, Remy Pasquet, Alfonso Delgado-Salinas

All Peer-Reviewed Publications

Evidence from chloroplast trnK and nuclear ribosomal ITS sequences and morphological data reveals that the monotypic legume genus Wajira is nested within a clade comprising the species of Vigna subgen. Macrorhynchus. This Wajira-containing clade is basally branching in a larger clade that contains many of the genera traditionally referred to as tribe Phaseoleae subtribe Phaseolinae. Wajira is thus recircumscribed to include Vigna subgen. Macrorhynchus. Given the heterogeneity of floral morphology of its constituent species, Wajira is apomorphically diagnosed by woody stems and a pollen brush that comprises an introrse linear array of unicellular hairs. This recircumscribed genus now comprises five …

2004 Faculty Senate Meeting Minutes, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate meeting minutes for the entire year of 2004.

Effects Of An Antibiotic Cycling Program On Antibiotic Prescribing Practices In An Intensive Care Unit, Liana R. Merz, David K. Warren, Marin H. Kollef, Victoria J. Fraser

Open Access Publications

No abstract provided.

An Economic Analysis Of Rice Production In Mwea Irrigation Scheme, Jonh Ngige Kuria

All Master’s Theses

This study aimed at comparing the economics of rice production for two different groups of farmers in Mwea Irrigation Scheme (MIS). One group is under the management of Mwea Multi-Purpose Rice Growers (MMRG) and grows a single crop of rice in a year without rotation. The other group is composed of the sons and daughters of MMRG tenant farmers and grows a double crop of rice in a year. It is however not clear which of the two production systems is efficient or realises higher returns to farmers. The objectives of the study were: (i) to identify major resources used …

Aku Newsletter : January 2004, Volume 5, Issue 1, Aga Khan University

The Aga Khan University Newsletters

No abstract provided.

Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam

Articles

In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …

Boerhaave's Syndrome: A Diagnostic Dilemma In The Emergency Room, Ab Zubairi, I Khalid, Saulat H. Fatimi, J Hussain, N Salahuddin

Department of Medicine

Boerhaave's syndrome is a potential lethal condition which presents not only a diagnostic but also a therapeutic challenge. Errors in diagnosis are usually caused by unawareness of its varied and atypical presentations. All clinicians need to be aware of this lethal disease, its frequent unusual presentations and the importance of early diagnosis.

Caregivers' Relationship Satisfaction And Perception Of Competency As Predictors Of Quality Of Life For Als Patients , Jessica Stewart Allen

PCOM Psychology Dissertations

In addition to the physiological impact of Amyotrophic Lateral Sclerosis (ALS), patients and spousal caregivers experience significant emotional and psychological reactions to the disease and its course. As there is no effective treatment and no cure for this debilitating, fatal neuromuscular disease, treatment should include psychological interventions to improve patients' disease experience. External factors impacting psychological well-being of patients must be identified to allow for effective and relevant intervention. The current study examined the relationships between level of care provided to patients, caregivers' relationship satisfaction, and caregivers' perceived competence, and whether these factors predict patient quality of life (QOL). It …

Two 1/2-Year-Old Children Use Animacy And Syntax To Learn A New Noun, Jane B. Childers, C. H. Echols

Psychology Faculty Research

We examine how attention to animacy information may contribute to children's developing knowledge of language. This research extends beyond prior research in that children were shown dynamic events with novel entities, and were asked not only to comprehend sentences but to use sentence structure to infer the meaning of a new word. In a 4 × 3 design, animacy status (e.g., animate agent, inanimate patient) and labeling syntax (agent, patient, nonlabel control) were varied. Across most events, 21/2-year-old participants responded as if they expected animate entities to be named. However, in a prototypical (animate agent-inanimate patient) event condition, children responded …

What Happens When Dirty Harry Becomes An [Expert] Witness For The Prosecution?, Joelle A. Moreno

Faculty Publications

No abstract provided.

A Survey Of Psychologists’ Attitudes Towards And Utilization Of Exposure Therapy For Ptsd, Carolyn Becker, Claudia Zayfert, Emily Anderson

Psychology Faculty Research

Although research supports the efficacy of exposure therapy for PTSD, some evidence suggests that exposure is under-utilized in general clinical practice. The purpose of this study was to assess licensed psychologists’ use of imaginal exposure for PTSD and to investigate perceived barriers to its implementation. A total of 852 psychologists from 3 states were randomly selected and surveyed. An additional 50 members of a trauma special interest group of a national behavior therapy organization were also surveyed. The main survey results indicate that a large majority of licensed doctoral level psychologists do not report use of exposure therapy to treat …

The Economic Impact Of The University Of New Mexico On The State Of New Mexico, Norton Francis

BBER Publications

This study was commissioned by the University of New Mexico Office of Institutional Advancement to study the economic impact of UNM on the New Mexico economy in Fiscal Year 2003. The results are presented in three parts: first, a traditional economic analysis showing how the dollars that flow to UNM from out-of-state generate additional economic activity in New Mexico; second, a workforce-development analysis using alumni and labor force data; and third, an overview of the Science and Technology Corporation, UNM's technology transfer entity.

Drug Use And Pool Performance : An Exploratory Study, Robert P. Hansen

Dissertations and Theses @ UNI

This is an exploratory project assessing various aspects of drug use by Competitive Amateur Pool Players. Although the primary focus is on alcohol and its effects on performance, the prevalence of illegal narcotics use is also given considerable attention. The primary research tool was a questionnaire designed to (a) identify the Competitive Amateur status of the respondent, (b) identify the type of drugs used by pool players, and (c) determine the effects these drugs may have on pool performance. The questionnaire was distributed to 55 pool players and the statistical analyses of their responses were supplemented by a limited number …

Corporate Governance, Executive Compensation And Securities Litigation, Eric L. Talley, Gudrun Johnsen

Faculty Scholarship

It is generally accepted that good corporate governance, executive compensation and the threat of litigation are all important mechanisms for incentivizing managers of public corporations. While there are significant and robust literatures analyzing each of these policy instruments in isolation, their mutual relationship and interaction has received somewhat less attention. Such neglect is mildly surprising in light of a strong intuition that the three devices are structurally related to one another (either as complements or substitutes). In this paper, we construct an agency cost model of the firm in which corporate governance protections, executive compensation levels, and litigation incentives are …

Be Careful What You Wish For: Legal Sanctions And Public Safety Among Adolescent Offenders In Juvenile And Criminal Court, Jeffrey Fagan, Aaron Kupchik, Akiva Liberman

Faculty Scholarship

Three decades of legislative activism have resulted in a broad expansion of states' authority to transfer adolescent offenders from juvenile to criminal (adult) courts. At the same time that legislatures have broadened the range of statutes and lowered the age thresholds for eligibility for transfer, states also have reallocated discretion away from judges and instituted simplified procedures that permit prosecutors to elect whether adolescents are prosecuted and sentenced in juvenile or criminal court. These developments reflect popular and political concerns that relatively lenient or attenuated punishment in juvenile court violates proportionality principles for serious crimes committed by adolescents, and is …

Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger

Faculty Scholarship

Thirty-four US states currently require pregnant minors either to notify their parents or get their consent before having a legal abortion. The Supreme Court has upheld the constitutionality of theses statutes provided that minors are also given an alternative mechanism for abortion approval that does not involve parents. The mechanism used is the 'judicial bypass hearing' at which minors persuade judges that they are mature and informed enough to make the abortion decision themselves. While most minors receive judicial approval, the hearings intrude into the most personal aspects of a young woman's life. The hearings, while formally civil in nature, …

The Sixth Annual Nm Data Users Conference_2004, University Of New Mexico Bureau Of Business And Economic Research, Economic Development Department Of New Mexico

BBER Publications

The report compiles comprehensive demographic, economic, labor force, income, agriculture, mining, manufacturing, and county-level data for New Mexico in 2004. Produced for the Sixth Annual New Mexico Data Users Conference, it serves as a reference guide for researchers, planners, businesses, and policymakers seeking current statewide and local socioeconomic information.

The Rise Of State Bankruptcy-Directed Legislation, Ronald J. Mann

Faculty Scholarship

The papers at this conference generally focus on the rise of securitization and the possibility that statutes designed to remedy abuses of securitization will wreak undue havoc on our capital markets. I take my starting point from the relatively intractable policy questions that those problems raise. It seems well accepted that securitization provides financing at lower cost to the large companies that use those transactions. If so, rules fostering securitization could enhance the overall performance of our economy. At the same time, there are legitimate concerns that the rise of securitization makes it less likely that large companies in financial …

Constitutional Theory In A Nutshell, Thomas E. Baker

Faculty Publications

This article provides a nutshell description of the leading theories and identifies some of the leading theorists on the Constitution. The unit of currency here is the academic law review article, not the Supreme Court decision. The citations here provide illustrative examples of the vast body of literature. The discussion provides preliminary sketches of an intellectual landscape that is vast and often foreboding to the beginner. This article is organized around three basic interpretative questions: Who has the authority to interpret the Constitution? What are the legitimate sources of meaning for interpreting the Constitution? How is the Constitution interpreted within …