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2004

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Development And Validation Of An Instrument To Predict Non-Adherence To Medical Treatment Regimens, Dorothy E. Parke Jan 2004

Development And Validation Of An Instrument To Predict Non-Adherence To Medical Treatment Regimens, Dorothy E. Parke

PCOM Psychology Dissertations

Evaluation of the Health Adherence Behavior Inventory (HABIT) is described with data pertaining to reliability and validity. The instrument was originally developed for use in a primary healthcare setting, to support the early identification of patients who are at risk for poor health outcomes and complications of chronic disease because of non-adherence to their healthcare provider’s instructions. The items were refined from the original HABIT (DiTomasso, 1997) and drawn from various sources, including health risk assessments, health screening questionnaires, and nationally accepted standards for disease treatment and prevention. The questionnaire consists of 50 items, 39 of which appear to load …


Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum Jan 2004

Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum

Articles by Maurer Faculty

The United States is currently involved in negotiation of the Hague Convention on Exclusive Choice of Court Agreements, which would regulate the enforceability of forum-selection clauses in international contracts. That project - as well as the recent focus in globalization literature on more active judicial management of forum selection - draws attention to one unusual aspect of U.S. jurisdictional law: that dismissal on the basis of forum non conveniens is available even in cases arising out of contracts including negotiated forum selection clauses. This article examines the resulting tension between the right of contract parties to select a forum in …


Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen Jan 2004

Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen

Articles by Maurer Faculty

Published as part of a Duke Law School symposium on Conservative and Progressive Legal Orders, this article considers the appropriate role of the political branches - Congress and the President - in the development of constitutional meaning, including the extent of presidential and congressional authority to act on constitutional views at odds with judicial doctrine. The article discusses deficiencies in strong forms of both judicial supremacy (such as that behind the Rehnquist Court's recent limits on Congress's section 5 authority) and what is described in the academic literature as departmentalism (which emphasizes near-plenary authority for each branch to act on …


The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson Jan 2004

The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson

Articles by Maurer Faculty

Within the field of psychometrics, it is widely acknowledged that test-taking speed and reasoning ability are separate abilities with little or no correlation to each other. The LSAT is a univariate test designed to measure reasoning ability; test-taking speed is assumed to be an ancillary variable with a negligible effect on candidate scores. This Article explores the possibility that test-taking speed is variable common to both the LSAT and actual law school exams. This commonality is important because it may serve to increase the predictive validity of the LSAT. The author obtained data from a national and a regional law …


National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum Jan 2004

National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum

Articles by Maurer Faculty

This comment discusses the Supreme Court's recent decision in Hoffman-LaRoche v. Empagran, an action brought by foreign plaintiffs under U.S. antitrust law to recover damages caused by the activities of a global price-fixing cartel. It describes the jurisdictional issues raised by conduct that affects the global market for a particular good, and analyzes the Court's reliance on notions of comity to restrain the reach of U.S. antitrust law. It argues, however, that the decision does not in fact undermine the anti-comity approach adopted in the 1993 Hartford Fire case, as the Court here assumes that the cartel's effects in the …


Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler Jan 2004

Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Constitutional Outlines Of Public Health's "New World Order", David P. Fidler Jan 2004

Constitutional Outlines Of Public Health's "New World Order", David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Models In Social Science: A Review Of Law And Public Policy: A Socioeconomic Approach, Kenneth G. Dau-Schmidt Jan 2004

Models In Social Science: A Review Of Law And Public Policy: A Socioeconomic Approach, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.


Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman Jan 2004

Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman

Articles by Maurer Faculty

The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.

Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …


An Investigation Of Image Processing Techniques For Paint Defect Detection Using A Machine Vision System, Ashish V. Kamat Jan 2004

An Investigation Of Image Processing Techniques For Paint Defect Detection Using A Machine Vision System, Ashish V. Kamat

University of Kentucky Master's Theses

Detection and inspection of metal surface corrosion in the ballast tanks of U.S. Navy ships has been a long time problem. The adverse climatic conditions to which the ballast tanks are exposed and the uneven geometry of ballast tanks makes the visual inspection process of surface coatings a difficult job. Thousands of tanks are inspected yearly, with the average cost of an individual tank inspection at approximately $8-15 thousand/each. To aid the visual inspection process, this research is conducted to develop a new technique to automate the visual task of metal surface inspection by image acquisition and post processing. The …


Fitness Levels Of Middle Aged Martial Art Practitioners, P. Douris, A. Chinan, M. Gomez, A. Aw, D. Steffens, S. Weiss, J. Echternach Jan 2004

Fitness Levels Of Middle Aged Martial Art Practitioners, P. Douris, A. Chinan, M. Gomez, A. Aw, D. Steffens, S. Weiss, J. Echternach

Rehabilitation Sciences Faculty Publications

Objectives: To quantify and compare fitness levels of middle aged practitioners of soo bahk do (SBD; a Korean martial art similar to karate) with those of sedentary subjects.

Methods: Eighteen volunteers, 14 men and four women (aged 40-60 years), participated. Nine sedentary subjects (mean age 46.7 years) and nine SBD practitioners (mean age 46.8 years) were matched for sex and age. All subjects participated in a one day battery of fitness tests. The following dependent variables were tested: body composition, balance, flexibility, quadriceps strength, grip strength, muscle endurance, and aerobic capacity.

Results: All dependent variables were analysed using paired t …


"More Mighty Than The Waves Of The Sea": Toilers, Tariffs, And The Income Tax Movement, 1880-1913, Ajay K. Mehrotra Jan 2004

"More Mighty Than The Waves Of The Sea": Toilers, Tariffs, And The Income Tax Movement, 1880-1913, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Book Review. The Price Of Progress: Public Services, Taxation And The American Corporate State, 1877-1929 By R. Rudy Higgens-Evenson, Ajay K. Mehrotra Jan 2004

Book Review. The Price Of Progress: Public Services, Taxation And The American Corporate State, 1877-1929 By R. Rudy Higgens-Evenson, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan Jan 2004

Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.


International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler Jan 2004

International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Entrepreneurship Effect: An Accidental Externality In The Federal Income Tax, Leandra Lederman Jan 2004

The Entrepreneurship Effect: An Accidental Externality In The Federal Income Tax, Leandra Lederman

Articles by Maurer Faculty

Case law and commentators sometimes speak as if all income-producing activities are taxed similarly. However, that simply is not true for individuals. Although the expenses and losses of business activities generally are deductible from income of any source and net losses can be carried to other tax years, individuals' investment expenses and losses generally are deductible only from investment income. Although many of the provisions restricting investment-related deductions were enacted at different times, and each one has its own rationale, the combined effect of these provisions on individual investors is a systematic preference for business losses over investment losses.

Economists …


Avoiding The Mistakes Of Terrell R.: The Undoing Of The California Tort Claims Act And The Move To Absolute Governmental Immunity In Foster Care Placement And Supervision, Austen L. Parrish Jan 2004

Avoiding The Mistakes Of Terrell R.: The Undoing Of The California Tort Claims Act And The Move To Absolute Governmental Immunity In Foster Care Placement And Supervision, Austen L. Parrish

Articles by Maurer Faculty

This article addresses the issue of governmental immunity and mandatory duty liability in the context of foster child abuse. The article should be of interest to children's rights organizations, legal scholars, practitioners and judges who face governmental liability issues related to the California foster care system.

The California Tort Claims Act has, until recently, long served as an important means by which foster children may obtain recourse from the government for injuries caused by social worker negligence. In the late 1990s, however, the California courts of appeal retreat - without justification - from the dictates of the Tort Claims Act. …


Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb Jan 2004

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Walking The Clinical Tightrope: Between Teaching And Doing, Stephen Wizner Jan 2004

Walking The Clinical Tightrope: Between Teaching And Doing, Stephen Wizner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Coming Off The Bench: Observations Of A Rookie Clinician, Renée Mcdonald Hutchins Jan 2004

Coming Off The Bench: Observations Of A Rookie Clinician, Renée Mcdonald Hutchins

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


"In God We Trust:" The Cultural And Social Impact Of Affinity Fraud In The African American Church, David E. Austin Jan 2004

"In God We Trust:" The Cultural And Social Impact Of Affinity Fraud In The African American Church, David E. Austin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Methyl Bromide In Preindustrial Air: Measurements From An Antarctic Ice Core, Eric S. Saltzman, Murat Aydin, Warren J. De Bruyn, Daniel B. King, Shari A. Yvon-Lewis Jan 2004

Methyl Bromide In Preindustrial Air: Measurements From An Antarctic Ice Core, Eric S. Saltzman, Murat Aydin, Warren J. De Bruyn, Daniel B. King, Shari A. Yvon-Lewis

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

This paper presents the first ice core measurements of methyl bromide (CH3Br). Samples from a shallow Antarctic ice core (Siple Dome, West Antarctica), ranging in mean gas dates from 1671 to 1942, had a mean CH3Br mixing ratio of 5.8 ppt. These results extend the existing historical record derived from air and Antarctic firn air to about 350 years before present. Model simulations illustrate that the ice core results are consistent with estimates of the impact of anthropogenic activity ( fumigation, combustion, and biomass burning) on the atmospheric CH3Br burden, given the large current uncertainties in the modern atmospheric CH3Br …


Revista Digital Amigos - Vol 14, Número 5, Aspectos Culturales, Semos Unlimited Jan 2004

Revista Digital Amigos - Vol 14, Número 5, Aspectos Culturales, Semos Unlimited

Amigos Revista Digital

Cover 1 Contenido 2 Personas 1 José Gallegos 3 La Religión / Creencias 1 Nahualismo por el Dr. Rafel Lara - Martínez 4,5 Respuesta al Crucigrama 6 Literatura 6 Ganador del Premio Nobel: Miguel Angel Asturias - 1967 7 Luis Alberto Urrea 8 Excerpts from Nobody's Son 9 Uma Krishnaswami 10 Hola, Flor y La Clase de Yoga 11 A Writing Activity from Uma Krishnaswami 12 Abuso de Substancias 2 Un Reportaje sobre Abuso de Substancias 13 Domestic Violence by Joe Guillén 14 El Payasito Plin Plin 15 Lugares 7 Un Pueblo Mágico - Mora 16 Tapetes de Lana 17 …


Adobe Medicus 2004 1 January-February, Health Sciences Library And Informatics Center Jan 2004

Adobe Medicus 2004 1 January-February, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.


Byu Marriott School Executive Master Of Business Administration Program Market Research Evaluating Demand For Emba Schedule Variants, Byu Marriott School Jan 2004

Byu Marriott School Executive Master Of Business Administration Program Market Research Evaluating Demand For Emba Schedule Variants, Byu Marriott School

Student Works

Executive MBA programs have become an important educational option for both students and universities in recent years. EMBA programs allow students flexible schedules and provide universities with additional sources of revenue. As more and more employers require more educated managers, the demand for EMBA programs will only increase. Executive MBA programs are part-time programs usually offered weekday evenings, weekends, or online. Highly ranked universities across the globe offer EMBA's. The cost of the education varies from program to program and university to university. As more individuals pursue undergraduate education. those holding degrees seek post-graduate education to differentiate themselves and further …


The Downtown Business Alliance Of Provo, Adam Rich, Noona Kocharyan, Shannon Richards Jan 2004

The Downtown Business Alliance Of Provo, Adam Rich, Noona Kocharyan, Shannon Richards

Student Works

RR&K will provide studies to assess consumer awareness of businesses, evaluate consumer perceptions, and uncover preferences of target customers. We will begin by conducting a focus group with people who are employed downtown and residents of the surrounding downtown Provo area. With information taken from the focus groups and Provo Alliance, survey will be administered to members of the target audience. In analyzing these findings, RR&K will provide recommendations to assist The DBAP in reinventing the downtown Provo area. RR&K Research Consulting is comprised of Adam Rich, Shannon Richards, Nonna Kocharyan.


Athleticism In Sports, Judd Allen Jan 2004

Athleticism In Sports, Judd Allen

Whittier Scholars Program

This project hypothesizes the relationship between collegiate basketball and trial law while focusing on proving that the process of preparing and participating in a collegiate basketball game directly parallels the preparation and process of competing in a legal trial. This student prepared the study through conducted interviews with lawyers and coaches and tested the following concepts: teamwork/team attributes, competitive attributes, performance attributes and commitment.


Structuring The Political Process Under American State Constitutions, James A. Gardner Jan 2004

Structuring The Political Process Under American State Constitutions, James A. Gardner

Other Scholarship

No abstract provided.


Harding University Course Catalog 2004-2005, Harding University Jan 2004

Harding University Course Catalog 2004-2005, Harding University

Harding Academic Catalogs

Catalog of Harding University 2004-2005


Judicial Independence: Whether, Why, And How To Defend It, Michael Boucai Jan 2004

Judicial Independence: Whether, Why, And How To Defend It, Michael Boucai

Other Scholarship

No abstract provided.