Digital Commons Network^™

Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario

All Faculty Scholarship

The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ambiguities caused by the attorney's negligence …

Gaelic Translations Of Burns, J. Derrick Mcclure

Studies in Scottish Literature

No abstract provided.

Standards Of Conduct And Standards Of Review In Corporate Law: The Need For Closer Alignment, Gregory Scott Crespi

Nebraska Law Review

I. Introduction . . . . . 671

II. Assessing the Argument for Maintaining Divergent Standards for the Corporate Fiduciary Duty of Care . . . . . 673

A. The Limited Body of Scholarship Justifying Divergent Standards in the Corporate Law Context . . . . . 673

B. The Dan-Cohen Arguments and the Singer Response . . . . . 676

1. Bentham’s Recognition of the Distinction Between Conduct Rules and Decision Rules . . . . . 676

2. The Prerequisite of Acoustic Separation . . . . . 678

3. The Argument for Legitimacy . . …

Antonio Possevino: From Secretary To Papal Legate In Sweden, John Donnelly

History Faculty Research and Publications

No abstract provided.

Is There A Market For A Multicultural Bridal Magazine In The U.S.?, Delores Dalrymple-Williams

Seton Hall University Dissertations and Theses (ETDs)

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Application Of Fuzzy Logic To Multiple Criteria Decision Making In Aquacultural Planning, Omar F. El-Gayar

Research & Publications

The field of regional planning is characterized by the large number of issues and attributes involved, and regional planning for aquaculture development is no exception. Moreover, aquacultural plans do not have clearly defined objectives and require information that, if exist, is often imprecise and uncertain.This paper applies fuzzy set theory to multiple criteria decision making (MCDM) in aquaculture planning. In effect, the paper demonstrates how fuzzy set theory can be used to explicitly account for the inherent uncertainty encountered when planning for aquaculture development in a given region. A case study for regional aquaculture planning in Northern Egypt demonstrates the …

Building An Altar Prayer Ministry In A Local United Methodist Church, Bob M. Moon

ATS Dissertations

No abstract provided.

The Scope Of Protection For Patents After The Supreme Court's Warner-Jenkinson Decision: The Fair Protection - Certainty Conundrim, Donald S. Chisum

Santa Clara High Technology Law Journal

No abstract provided.

A Parody Of A Distinction: The Ninth Circuit's Conflicted Differentiation Between Parody And Satire, Christopher J. Brown

Santa Clara High Technology Law Journal

No abstract provided.

A Computational Approach To Resolving Certain Issues In Spanish Stress Placement, David Eddington

Faculty Publications

Previous research into Spanish stress assignment suggests that accentuation involves learning and storing individual word tokens along with their inherent stress patterns, and analogizing on stored words when the need arises to determine the stress pattern of an unknown or unavailable word. Exactly what variables are most relevant to stress assignment has been hotly debated. In the present study, a number of analogical simulations were carried out to determine whether elements of the CV tier, syllable weight, phonemic representation, or a combination of these, best accounts for accentuation in Spanish.

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 …

Analysis Of Dermatoglyphic Heritability: A Study Of Phenotypic Relationships, Constance S. Muller-Ford

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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

The Aga Khan University Newsletters

No abstract provided.

Investigating Science Teachers' Beliefs About Science And Science Teaching: Struggles In Implementing Science Education Reform In Saudi Arabia., Saleh A. Al-Abdulkareem

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purposes of this quantitative, descriptive study were to investigate Saudi science teachers' beliefs about science and science teaching, and to determine how do Saudi science teachers view educational reform in science and how do they view change in education. In addition, the study sought to establish whether Saudi science teachers would be able to participate in implementing science education reform in Saudi Arabia. A questionnaire was used to collect data, addressing personal characteristics of the participant, teachers' beliefs about science and nature, about school science, about teacher - student relations in the classroom, and environmental factors affecting teaching science. …

Social Justice In European Contract Law A Manifesto, Ugo Mattei

Faculty Scholarship

No abstract provided.

Mediational Tool Use And Strategic Behaviors During Collaborative Online Reading: A Microgenetic Case Study Of Beginning Students Of German, Sabine Siekmann

USF Tampa Graduate Theses and Dissertations

This study investigated collaborative online reading from a Sociocultural Theory (SCT) perspective. Building on, yet transcending, research into learning strategies, the research focused on the concepts of mediational tool use, strategic behavior, and patterns of dialogic engagement of college student dyads as they completed a series of three collaborative WebQuests in a beginning German as a Foreign Language (GFL) class.

On-screen actions and verbal interaction of six dyads of beginning GFL students were recorded during three short-term, collaborative WebQuests. Full motion screen recordings were transcribed, and relevant episodes were coded for mediational tool use and strategic behaviors.

All dyads used …

Parametric Classification In Domains Of Characters, Numerals, Punctuation, Typefaces And Image Qualities, Osama Ahmed Khan

Theses and Dissertations - UTB/UTPA

This thesis contributes to the Optical Font Recognition problem (OFR), by developing a classifier system to differentiate ten typefaces using a single English character ‘e’. First, features which need to be used in the classifier system are carefully selected after a thorough typographical study of global font features and previous related experiments. These features have been modeled by multivariate normal laws in order to use parameter estimation in learning. Then, the classifier system is built up on six independent schemes, each performing typeface classification using a different method. The results have shown a remarkable performance in the field of font …

Is A Signed Offer Sufficient To Satisfy The Statute Of Frauds, Gregory Scott Crespi

North Dakota Law Review

No abstract provided.

Pragmatism And Freedom Of Speech, George R. Wright

North Dakota Law Review

No abstract provided.

Wglt Program Guide, January-February, 2004, Illinois State University

WGLT Program Guides

This guide details programming for WGLT, a public radio station owned by Illinois State University.

Pioneering The Restoration Of Peace: A Narrative Of The Life And Work Of Shreen Abdul Saroor Of Sri Lanka, Donna Chung

Kroc IPJ Research and Resources

Women on the frontline of efforts to end violence and secure a just peace seldom record their experiences, activities and insights – as generally there is no time or, perhaps, they do not have formal education that would help them record their stories. The Women PeaceMakers Program is a selective program for leaders who want to document, share and build upon their unique peacemaking stories. Selected peacemakers join the IPJ for an eight-week residency.

Women PeaceMakers are paired with a Peace Writer to document in written form their story of living in conflict and building peace in their communities and …

Book-Length Scholarly Essays As A Hybrid Genre In Science, Susheela Abraham Varghese, Sunita Anne Abraham

Research Collection Lee Kong Chian School Of Business

Drawing on existing work on popularizations, this investigation of book-length scholarly essays by practicing scientists across three disciplines reveals a hybrid genre that is neither popularization nor research report. The study utilizes both textual analysis and personal commentary from the writer-researchers to achieve a three-way comparison between the popularization, research article, and the book-length scholarly essay that clarifies how these essays contribute to the authors’ academic agendas. Writing for both a general audience and a jury of their peers, these academics employ an argumentative generic structure. Such argumentation develops a rhetoric of rational inquiry, where understanding how answers to perplexing …

The Creation And Development Of An Afrocentric Christian College: Imani Kuumba College And Graduate School, Juanita M. Browne Edd

Dissertations

The study examines Imani Kuumba College, (IKC), an Afrocentric Christian College. Since previous research does not examine any higher institution that provides a type of learning that focuses totally on the study of the Afrocentric world, this historical case study describes a unique educational institution that proposes to teach from a focus designed to raise self-esteem for African-Americans and racial understanding for other groups by studying the African-American experience, historically, spiritually and culturally. The study begins with an introduction that outlines the environmental and societal issues that motivated the creation of this innovative institution and its unique program. After discussion …

The Impact Of An Urban Outreach Teaching Project: Developing Cultural Competence, Carol H. Ott, Lynn H. Doyle

Educational Leadership & Workforce Development Faculty Publications

The purpose of this study was to explore the development of cultural competence in a group of university nursing students in the context of an interactive substance abuse prevention project attached to a health promotion course with 414 racially diverse high school students. The project provided opportunities for contact, interaction, and reflection. A descriptive approach was utilized to elicit the meaning attached to the experience. Data included written content from an exit survey, field notes from onsite debriefings, transcriptions of a focus group interview, and an analysis of theoretical papers. Findings indicate that when university students participate in an urban …

The Meaning Of The Meaningless In The Plays Of Suzan-Lori Parks, Andrea J. Goto

College of Graduate Studies: Theses & Dissertations (1964–2006)

No abstract provided.

Implementing Blakely, Jenia I. Turner

Faculty Journal Articles and Book Chapters

By declaring that sentence-enhancing facts must be proven to a jury beyond a reasonable doubt, the Supreme Court in Blakely v. Washington has raised a number of questions about the future of guided sentencing. One of these questions - only beginning to be explored - is what procedures would be needed in a system that both implements Blakely and preserves sentencing guidelines. What factors would be submitted to the jury and what instructions would be given? Would sentencing issues be presented to the jury in a separate hearing, distinct from trial? If so, what evidentiary rules would apply?

This paper …

"Go In Peace. But Go!", Robert Rimbo

Institute of Liturgical Studies Occasional Papers

(Excerpt)

Early in my episcopacy, I was having a dinner conversation with a number of bishops including then Presiding Bishop of the Evangelical Lutheran Church in America, George Anderson. It was a rough time for me, as it often is early in a first term. I had been struggling with a few congregations with a number of issues, principally that the ELCA was not their parents' church anymore. Anyway, while we were talking. Bishop Anderson summarized my feelings precisely: "Sometimes you just want to say, 'Go in peace. But go!"'

Resilience In Ex-Refugees From Cambodia And Vietnam, Lynne Ee Lin Yong

Open Access Dissertations

The negative impacts of various forms of trauma on the physical and mental health of victims are well documented, including the experiences of the French Indo-Chinese, who suffered a range of traumatic experiences ranging from displacement to torture. However, a sizable percentage of French Indo-Chinese refugees living in the U.S. do not exhibit psychopathology. Very little is known about the Indo-Chinese refugees who are not seeking services and are doing well in their host country. This study focused on resilient Cambodian and Vietnamese ex-refugees, with the goal of identifying resiliency factors and their underlying processes, in order to inform the …

Organizational Climate For Diversity, Cultural Comfort, And Professional Relationships: Predicting Perceptions Of The Workplace Among Employees Of Color, Ivory Roberts-Clarke

Open Access Dissertations

Very little empirical research has been conducted to understand the unique experiences of employees of color. This study analyzed the perceptions that employees of color have about their places of employment. The total sample included 204 participants, 83 African Americans, 51 Caribbean/West Indians, 32 Latinos/Latinas, 15 Asians, 12 Africans, 8 Multi-ethnic individuals, 1 Native/Indigenous Subgroup, and 1 Middle Eastern. There were 133 women, 70 men, and 1 participant who did not identify his or her gender. Participants were recruited at professional conferences and via the internet where they anonymously completed a questionnaire at a website that was created for this …

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 …