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2004

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Violence, Mental Health, And Physical Symptoms In An Academic Internal Medicine Practice, Christina Nicolaidis, Maryann Curry, Bentson H. Mcfarland, Martha Gerrity Jan 2004

Violence, Mental Health, And Physical Symptoms In An Academic Internal Medicine Practice, Christina Nicolaidis, Maryann Curry, Bentson H. Mcfarland, Martha Gerrity

School of Social Work Faculty Publications and Presentations

OBJECTIVE: To assess how physical and/or sexual intimate partner violence (IPV), child abuse, and community violence relate to long-term mental and physical problems; to examine the overlap between different forms of violence and the impact of experiencing multiple forms of violence.

DESIGN: Cross-sectional survey.

SETTING: Three general internal medicine practices affiliated with an academic medical center.

PARTICIPANTS: English-speaking women aged 25 to 60.

MEASUREMENTS: Telephone or in-person interview and chart review.

RESULTS: One hundred seventy-four women completed interviews. A majority of participants experienced more than one form of violence. In separate multivariate analyses, each form of violence was associated with …


Fraud And The Financial Statement Audit: Auditor Responsibilities Under Sas 99, Michael Ramos Jan 2004

Fraud And The Financial Statement Audit: Auditor Responsibilities Under Sas 99, Michael Ramos

Guides, Handbooks and Manuals

No abstract provided.


Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg Jan 2004

Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

People thinking about contractual arbitration clauses usually envision the resulting disputes as contractual in nature. However, there is also a group of cases in which the clauses are used to compel arbitration of personal injury claims. This article examines those cases, including the impact of the Federal Arbitration Act on their enforcement. Next, the article considers the ways in which these pre-dispute, mandatory arbitration clauses can disturb the traditional values of procedural justice, contractual fairness, and the enforcement of tort-based duties. Finally, the article proposes changes in the law of arbitration and evaluates whether such changes are politically feasible.


Experimental Simulations And Tort Reform: Avoidance, Error And Overreaching In Sunstein Et Al.’S ‘Punitive Damages’, Neil Vidmar Jan 2004

Experimental Simulations And Tort Reform: Avoidance, Error And Overreaching In Sunstein Et Al.’S ‘Punitive Damages’, Neil Vidmar

Faculty Scholarship

This article addresses tort reform claims made in Cass R. Sunstein, et al.'s Punitive Damages: How Juries Decide (2002)and related articles, research that was largely underwritten by the Exxon Corporation. Based upon a series of simulation experiments, those authors have made a general claim that juries are incapable of making coherent judgments about punitive damages. In this article I raise serious methodological problems bearing on the validity of the research, and, therefore, its ability to provide judges and legislators with useful information about juries and punitive damages.


Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz Jan 2004

Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz

Faculty Scholarship

In a prior article, Professor Schwarcz examined the factors that differentiate Enron's questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of "legitimate" securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect - either oversimplifying the transaction, or providing detail and sophistication …


Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco Jan 2004

Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.


Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler Jan 2004

Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler

Faculty Scholarship

Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …


Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr. Jan 2004

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.


The Teacher-Student Relationship: Managing Dialectical Tensions And Their Impact On The Classroom Environment, Lori L. Johnson Jan 2004

The Teacher-Student Relationship: Managing Dialectical Tensions And Their Impact On The Classroom Environment, Lori L. Johnson

Dissertations and Theses @ UNI

In this study, I suggest that teachers and students have opportunities to develop and maintain relationships. It is my belief that learning happens within these relationships. This ethnographic study examined dialectical tensions within the teacher-student relationship. Relational dialectics theory suggests that relationships are characterized by ongoing tensions and the ways in which these tensions are managed dictates relational life. The concept of tension simply refers to the ongoing, ever-changing interaction between unified opposites, such as the tension of independence-dependence. In this study, I examined if tensions were visible, how they were managed through interactions, and possible effects on the classroom …


To Stand On Their Own: Women’S Higher Education In Contemporary Kerala, India, Alcira Forero-Pena Jan 2004

To Stand On Their Own: Women’S Higher Education In Contemporary Kerala, India, Alcira Forero-Pena

Dissertations, Theses, and Capstone Projects

This is a study of the significance for women of college education as it occurs in colleges administered by Christian nuns in Kerala, India. Particularly, it looks at the paradoxical effects of the dramatic social changes Kerala underwent during the twentieth century that guaranteed, among other things, formal education, including post-secondary, to a large proportion of women. On the other hand, it shows not only the persistence of blatant social inequalities fed by class, caste, and gender distinctions but also the increase in inequality due to the forces of globalization. On close examination, there is little correlation between the vast …


Ethical Autonomism: The Work Of Art As A Moral Agent, Rob Van Gerwen Jan 2004

Ethical Autonomism: The Work Of Art As A Moral Agent, Rob Van Gerwen

Contemporary Aesthetics (Journal Archive)

Much contemporary art seems morally out of control. Yet, philosophers seem to have trouble finding the right way to morally evaluate works of art. The debate between autonomists and moralists, I argue, has turned into a stalemate due to two mistaken assumptions. Against these assumptions, I argue that the moral nature of a work's contents does not transfer to the work and that, if we are to morally evaluate works we should try to conceive of them as moral agents. Ethical autonomism holds that art's autonomy consists in its demand that art appreciators take up an artistic attitude. A work's …


Talk To The Animals: A Short Comment On Wolfgang Welsch's "Animal Aesthetics", Stefán Snaevarr Jan 2004

Talk To The Animals: A Short Comment On Wolfgang Welsch's "Animal Aesthetics", Stefán Snaevarr

Contemporary Aesthetics (Journal Archive)

I voice some concern about Wolfgang Welsch's defense of the theory that animals can feel aesthetic pleasure. My first concern is epistemological: it is hard to see how we can find out whether they actually feel such pleasures. My second concern is conceptual: aesthetic pleasures have intentional objects and are woven into fallible judgments. It is hard to see that animals have such objects and can perform such judgments.


Drug Use And Pool Performance : An Exploratory Study, Robert P. Hansen Jan 2004

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 …


American Indian Women Warriors: Their Perceptions Of Success Factors In Graduate School, Loretta Dominquez Jan 2004

American Indian Women Warriors: Their Perceptions Of Success Factors In Graduate School, Loretta Dominquez

Dissertations and Theses @ UNI

Higher education is not just a Black and White issue, but also an issue regarding First Nations people (i.e., American Indian/Native American and Alaskan Indians). American Indians throughout history in the U.S. have been neglected in all levels of education. American Indian women in graduate programs have experienced prejudices, isolation, and lack of support, guidance, or mentoring from the faculty, staff, or administration in graduate programs. An ethnographic qualitative research of personal interviews was the methodology chosen to grasp the personal perceptions of four American Indian woman warriors in professional higher educational positions. They shared their experiences of their success …


Children’S Perceptions Of Peers’ Intentions In Ambiguous And Aggressive Situations, Tara Jo Finch Jan 2004

Children’S Perceptions Of Peers’ Intentions In Ambiguous And Aggressive Situations, Tara Jo Finch

Dissertations and Theses @ UNI

The purpose of the study was to examine high aggressive and low aggressive children's perceptions of their peers' intentions in ambiguous and aggressive situations. Teacher ratings of aggression were assessed for 25 first grade children. Measures were taken to evaluate children's judgments about aggressors' intentions in ambiguous and aggressive acts. In the first part of the assessment, children were read three stories about an ambiguously aggressive situation, asked whether or not it was okay for the provoker to perform the action, and asked why they believed the provoker carried out the aggressive act. In the second part, children were read …


To Be Brown In Brazil: Education And Segregation Latin American Style Colloquium - Relearning Brown: Applying The Lessons Of Brown To The Challenges Of The Twenty-First Century, Tanya K. Hernandez Jan 2004

To Be Brown In Brazil: Education And Segregation Latin American Style Colloquium - Relearning Brown: Applying The Lessons Of Brown To The Challenges Of The Twenty-First Century, Tanya K. Hernandez

Faculty Scholarship

As a scholar who studies civil rights movements from a comparative perspective, the commemoration of the fiftieth anniversary of the Brown v. Board of Education1 decision causes me to query the power of Brown as a symbol of equality outside of the United States. Because there is a larger community of African descendants living in Latin America and the Caribbean than there is in the United States, examining the role of Brown in Latin America and the Caribbean is particularly worthwhile. Furthermore, focusing on the Latin American and Caribbean contexts is also relevant due to the significant influence of the …


Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli Jan 2004

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …


Religious Switching Does Parents' Education Matter?, Amy Adamczyk Jan 2004

Religious Switching Does Parents' Education Matter?, Amy Adamczyk

Publications and Research

How are switching to more liberal religious preferences and apostasy affected by educational attainment? Previous research has focused on the relationship between religious adherence and college attendance. In this paper, I extend this work by looking at whether differences between parent and child educational attainment affect later religious devotion among respondents who at one time were Protestant. Using data from the 1998 General Social Survey, I test whether conservative religious commitment among college-educated children with less educated parents is different from commitment among the college-educated children of educated parents. Findings reveal that respondents who have earned an associate’s degree, but …


Assessing The Impact Of Movies Upon An Individual's Image Formation Concerning A Given Destination, Jeeyeon (Jeannie) Hahm Jan 2004

Assessing The Impact Of Movies Upon An Individual's Image Formation Concerning A Given Destination, Jeeyeon (Jeannie) Hahm

Electronic Theses and Dissertations

The process of watching a movie is a common way to be entertained in this day and age. There are multiple ways in which people can enjoy a movie ranging from the big screen at a commercial theater, on their home's television, or even in a car while driving. One outcome associated with watching a destination movie might be that the viewer will be compelled to visit or not the location portrayed in the movie. It is a primary assumption of this thesis that movies have the ability to create or change an individual's image of a destination by its …


Resources For Forensic Psychology., Ellen A. Sexton Jan 2004

Resources For Forensic Psychology., Ellen A. Sexton

Publications and Research

Libraries supporting a forensic psychology undergraduate and/or graduate level college program need to collect materials from a range of disciplines – psychology, law, psychiatry and criminal justice. In this guide I identify the major reference works, journals, databases and other resources that should be in a good forensic psychology collection.


On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler Jan 2004

On Redefining The Boundaries Of Animal Ownership: Burdens And Benefits Of Evidencing Animals' Personalities, Geordie Duckler

Animal Law Review

Were animals as personalty appreciated in their fundamental distinctions from other personal properties, the law might be able to fashion a more sophisticated set of legal responsibilities for, and rewards of, such ownership. As evidence doctrines on character and propensity expand and contract to address boundaries for these concepts, a fuller potential for property law may be effectively promoted as a result.


Apes, Darwinian Continuity, And The Law, Roger S. Fouts Jan 2004

Apes, Darwinian Continuity, And The Law, Roger S. Fouts

Animal Law Review

This article proposes that the delusional worldview that “man” is outside and above the other “defective” organic beings in nature is completely without empirical scientific foundation. An alternative and harmonious way of being is presented that is derived from the acceptance of the biological reality of continuity.


Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon Jan 2004

Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon

Animal Law Review

The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.


Intention In The Law Of Property: The Law Of Unintended Consequences, John V. Orth Jan 2004

Intention In The Law Of Property: The Law Of Unintended Consequences, John V. Orth

Faculty Publications

No abstract provided.


Causation In Antidiscrimination Law: Beyond Intent Versus Impact , Sheila R. Foster Jan 2004

Causation In Antidiscrimination Law: Beyond Intent Versus Impact , Sheila R. Foster

Faculty Scholarship

Antidiscrimination law and scholarship have long been engaged in the debate over whether a discriminatory intent or disparate impact test best captures the type of discrimination the law should, or can, prohibit. This Article suggests that we move beyond this dichotomous debate and focus instead on how courts reason about discrimination cases brought under both the intent and impact doctrines. This Article identifies a distinct pattern, or framework, in the way courts reason about discrimination in both types of cases that defies neat doctrinal labels. reasoning process, which I shorthandedly refer to as "causation," is at the heart of evidentiary …


Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt Jan 2004

Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt

Faculty Scholarship

In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that most racialized conduct or thought is unconscious, rather than intentional, into account in their constitutional analyses of acts or policies challenged on the grounds of race. Drawing on the social science work of Erving Goffman and the ground-breaking work of Charles H. Lawrence, Professor Lenhardt argues that courts should …


The Effect Of Music On Pre-Competitive Cognitive Anxiety, Somatic Anxiety, And Self-Confidence In Male Basketball Players, Jamie Jean Blome Jan 2004

The Effect Of Music On Pre-Competitive Cognitive Anxiety, Somatic Anxiety, And Self-Confidence In Male Basketball Players, Jamie Jean Blome

Dissertations and Theses @ UNI

The purpose of the present study was to examine the effect of personally-selected music on pre-competitive cognitive anxiety, somatic anxiety, and self-confidence. Intramural athletes from a collegiate university (N = 97) were randomly assigned to a music group, white noise group, or control group. The Sport Competition Anxiety Test (SCAT) and was used to measure trait anxiety, and the modified version of the Competitive State Anxiety Inventory-2 (CSAl-2) was administered to measure state anxiety and self-confidence. It was hypothesized that differences would be found in precompetitive cognitive anxiety, somatic anxiety, and self-confidence among groups. Results indicated that the music group …


Pieter Bruegel's The Beekeepers| Protestants, Catholics, Birds, And Bees| Beehive Rustling On The Low Plains Of Flanders, Edgar W. Smith Jan 2004

Pieter Bruegel's The Beekeepers| Protestants, Catholics, Birds, And Bees| Beehive Rustling On The Low Plains Of Flanders, Edgar W. Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons Jan 2004

Joy In Minersville| A Study Of The Butte Mines And Independent Leagues, Richard D. Gibbons

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Margaret Atwood's Evil Women In Lady Oracle, Cat's Eye, And The Robber Bride, Laura Gronewold Jan 2004

Margaret Atwood's Evil Women In Lady Oracle, Cat's Eye, And The Robber Bride, Laura Gronewold

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.