Digital Commons Network^™

No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill

Kentucky Law Journal

No abstract provided.

Life On A Tricycle A Case Study Of Language Impairment From 4 To 19, Lee Robinson, Bonnie Brinton, Martin Fujiki

Faculty Publications

This article presents a longitudinal case study of a child named Cody identified with specific language impairment. Cody was followed from 4 to 19 years of age, at which time he compared his social skills with those of peers: “It’s like they’re driving sports car and I’m on a tricycle.” His initial long- and short-term intervention goals are presented, along with the treatment methods employed and the resulting outcomes. Although long-term goals remained consistent, as the nature of Cody’s academic, social, and emotional challenges shifted, it was necessary to gear treatment to address his changing needs. Cody’s case illustrates the …

More Criminalisation In Canada: More Of The Same?, Harry J. Glasbeek

Articles & Book Chapters

No abstract provided.

Takeovers In The Boardroom: Burke Versus Schumpeter, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

We are delighted to participate in a 25th anniversary assessment of Martin Lipton's 1979 article, Takeover Bids in the Target's Boardroom. This is a remarkably prescient article that demonstrates an uncanny ear for an emerging issue. From his vantage point inside targets' boardrooms – and, we assume, also from inside the nearby offices of investment bankers – Lipton spotted a gathering storm on the horizon and sought to channel the emerging issue of takeover policy in a direction that accorded with his own fundamental convictions as well as the interests of his clients. As every academic knows, early intervention …

Medical Error Disclosure, Mediation Skills, And Malpractice Litigation: A Demonstration Project In Pennsylvania, Carol B. Liebman, Chris Stern Hyman

Faculty Scholarship

In the past decade, the cost of medical malpractice insurance has skyrocketed in Pennsylvania. Physicians in high-risk specialties are reported to have moved out of the state, closed their practices, or retired, particularly in eastern Pennsylvania. Liability insurance companies have pulled out of the state. At the same time, serious medical errors continue to occur. Doctors and hospital officials, afraid of lawsuits and loss of insurance coverage, often stonewall patients and relatives, offering only barebones explanations of serious medical errors. Research shows this situation creates a vicious circle in which frustration, anger, and a search for information often motivate patients …

Executive Compensation: If There's A Problem, What's The Remedy? The Case For "Compensation Discussion And Analysis", Jeffrey N. Gordon

Faculty Scholarship

High levels of executive compensation have triggered an intense debate over whether compensation results primarily from competitive pressures in the market for managerial services or from managerial overreaching. Professors Lucian Bebchuk and Jesse Fried have advanced the debate with their recent book, Pay Without Performance: The Unfulfilled Promise of Executive Compensation, which forcefully argues that current compensation levels are best explained by managerial rent-seeking, not by arm's-length bargaining designed to create the optimum pay and performance nexus. This paper expresses three sorts of reservations with their analysis and advances its own proposals. First, enhancing shareholder welfare is not, as a …

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Articles & Book Chapters

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …

Book Review: The Accidental Republic, Eric Tucker

Articles & Book Chapters

No abstract provided.

Merit Vs. Ideology, Michael J. Gerhardt

Cardozo Law Review

No abstract provided.

Recess Appointments Of Article Iii Judges: Three Constitutional Questions, Edward A. Hartnett

Cardozo Law Review

No abstract provided.

Munchausen Syndrome By Proxy : Gender, Sexism, And Just World Beliefs As Predictors Of Juror Decisions, Dawn R. Hurst

UNF Graduate Theses and Dissertations

Mock jurors (N = 200) read descriptions of a mock civil case involving an adult survivor of Munchausen Syndrome by Proxy who is suing his/her abuser for monetary/psychological damages. Jurors individually decided perceived percent of responsibility of defendant, award to plaintiff pre- and post-group deliberations, and as a mock jury, in groups of 5 to 10. Jurors and juries assigned greater percent of culpability to female defendants than male defendants. Individual jurors awarded more n1oney to plaintiffs abused by female defendants than male defendants. Low Modem Sexism Scale (MSS) scorers attributed greater percentage of responsibility to defendants and awarded plaintiff …

Planning Your Global Strategy, Carol M. Sanchez, Steve Goldberg

Peer Reviewed Articles

Sound planning and due diligence are important for both domestic and international strategic initiatives. However, in an international setting there are additional cultural, legal, and logistical considerations. In this article, we discuss considerations before doing business internationally. We address how a company knows it’s ready to go international, special expertise required to go international, how to obtain that expertise, factors that should be considered in choosing a foreign market, finding an overseas partner, legal and tax issues considerations and, finally, how to get paid.

Through The Looking Glass: Mediator Conceptions Of Philosophy, Process And Power, Colleen M. Hanycz

Articles & Book Chapters

While a number of civil reforms using mediation have emerged across Canada in recent years, of particular interest is the Ontario Mandatory Mediation Program that was first piloted in 1999, deemed successful and then made a permanent feature of the Rules of Civil Procedure in 2001. This article suggests that before we can evaluate the outcomes of mandatory mediation, we must first look more closely at the process being implemented by the mediators in this context. With that in mind, this article considers the ways in which the mediators themselves perceive of the mediation process. It reports on a qualitative …

Maternal Education And Child Nutritional Status In Bolivia: Finding The Links, Michelle Bellessa Frost, Renata Forste, David W. Haas

Faculty Publications

This study models various pathways linking maternal education and child nutritional status in Bolivia, using a national sample of children. Pathways examined include socioeconomic status, health knowledge, modern attitudes towards health care, female autonomy, and reproductive behavior. The data come from the 1998 Bolivia Demographic and Health Survey. Logistic regression results suggest that socioeconomic factors are the most important pathways linking maternal education and child nutritional status, and that modern attitudes about health care also explain the impact of education. Health care knowledge accounts for less of the effect of maternal education on child nutritional status, with autonomy being the …

Commercial Real Estate Outlook For 2005, Matt Williams

Seidman Business Review

The West Michigan economy has weathered stormy economic times in the past several years. This article will discuss the impact of the commercial real estate market following this period of instability. The majority of market sectors indicate moderate improvement on the horizon, but a few areas continue to show mixed results. The following summaries of past performance and changes anticipated in each market sector are based on data compiled for the West Michigan region.

Gender Differences In Political Engagement Among The Youth, Sonia Dalmia, Silda Nikaj

Seidman Business Review

The issue of gender differences in voting behavior and policy attitudes has been a recurrent theme in social science literature and political commentary in the United States. In presidential and many congressional elections, for instance, women have been observed to disproportionately support Democratic candidates, compared to men. The size of this gender gap has often been bigger than the margin of victory for Democratic candidates in congressional as well as in the 1992 and 1996 presidential races. As a result, appeals designed to attract female voters have become widespread (Manza and Brooks, 1998).

Learning The Abc's: Family Involvement In Kindergarten Literacy, Rebecca Lynn England

UNF Graduate Theses and Dissertations

The present study investigated home literacy environments established through reading with children, engaging in literacy activities, and having literacy materials provided, along with families' participation in literacy-related school events. One hundred one kindergarten children and their families from five classrooms in two inner-city urban elementary schools were invited to participate in the "Learning the ABCs" project. A total of 68 families gave consent. Participation in the project included receiving 15 weeks of Home Literacy Bags. The 68 participating children were randomly assigned into two intervention groups using cluster sampling of the five classes. Group One received weekly bags with four …

Pervasiveness Of Phytoliths In Prehistoric Southwestern Diet And Implications For Regional And Temporal Trends For Dental Microwear, Karl J. Reinhard, Dennis R. Danielson

School of Natural Resources: Faculty Publications

Our previous analysis of phytolith content of coprolites showed that calcium oxalate phytoliths from desert food plants caused dental microwear among prehistoric Texas hunter-gatherers. We demonstrated that phytoliths from desert succulents were ubiquitous and abundant in hunter-gatherer coprolites. We found that calcium oxalate phytoliths were harder than human dental enamel. We concluded that phytoliths from desert succulent plants caused dental microwear and hypothesized that such dental microwear would be common in other desert hunter-gatherer and horticultural peoples. Presented here are further analyses of phytoliths from coprolites. Two additional hunter-gatherer sites and three Ancestral Pueblo (Anasazi) horticultural sites are included in …

Narratives Of Adolescent Students: The Integration Of Health And Learning Through Application Of Nursing Theory, Marjean Huber

Dissertations

Problem. There are few resources to show educators how to help students improve learning by improving health and mental well-being. There is a lack of integration in the literature in terms of how practitioners can reach these students in order to help them learn effectively and develop into successful, productive adults with meaningful lives. This study has three major sections. First, I examine my experiences within education to determine what values, truths, and principles mold my practice. Second, I identify my teaching practice in relationship to nursing theory integrating it with learning theory, thus highlighting the relationship between the health …

Demographic Characteristics And Academic Measures As Predictors Of Success On The American Society For Clinical Pathology (Ascp) Medical Technologist Certification Examination, Marcia Ann Kilsby

Dissertations

Purpose. This study was undertaken to address the utility of demographic characteristics and academic measures as predictors of success for the American Society for Clinical Pathology Board of Registry Medical Technologist Certification Examination (Certification Examination) Total Score and six Subscores and to find predictive models with relevance to an ethnically and racially-diverse student population.

Method. The research population was the graduates of the Andrews University Program for Clinical Laboratory Sciences. The 233 subjects were from 53 different birth countries. The relationships between Certification Examination scores and both demographic characteristics and academic measures were analyzed by chi square, analysis o f …

“Judith” Shakespeare In Computer Programming : An Oral History Study Of American Women Programmers In The Late Twentieth Century, Laura L. Zeigen

Dissertations and Theses

The question "Why are there not more women in computer science?" is one that has been asked by both scholarly and business communities since women entered the workforce in large numbers starting in the 1970s. Although there exists a vast literature covering how to involve more girls and women in computer science today, as well as a smaller body of literature outlining the few female pioneers in the field, little has been written about the women who, despite historical exclusion, actually participated in the computing industry as programmers and software engineers beginning in the 1960s. Who were the women going …

Introduction: American Association Of Law Schools Panel: Panel On The Use Of Patients For Teaching Purposes Without Their Knowledge Or Consent, Michelle Oberman

Faculty Publications

No abstract provided.

Sex, Lies, And The Duty To Disclose, Michelle Oberman

Faculty Publications

No abstract provided.

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Faculty Publications

Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if ever, …

Data Mining And Attention Consumption, Eric Goldman

Faculty Publications

This Essay challenges the prevailing hostility towards data mining and direct marketing. The Essay starts by defining data mining and shows that the only important step is how data is used, not its aggregation or sorting. The Essay then discusses one particular type of data use, the sending of direct marketing. The Essay establishes a model for calculating the private utility experienced by a direct marketing recipient. The model posits that utility is a function of the message's substantive content, the degree of attention consumed, and the recipient's reaction to receiving the message. The Essay concludes with some policy recommendations …

Rien Ne Va Plus? Distinguishing Domestic Regulation From Market Access In Gatt And Gats, Joost H. B. Pauwelyn

Faculty Scholarship

Depending on how one classifies market intervention, trade liberalization disciplines can be lenient or strict. Perhaps the most important distinction in this respect is that between government intervention labeled as a "market access restriction" and that defined as "domestic regulation." Both the GATT and the GATS declare market access restrictions (such as import quotas or limitations on the number of service suppliers) to be, in principle, prohibited. In contrast, domestic regulations (such as internal taxes, health standards, and safety requirements) are treated with much more deference. They are, in essence, only prohibited when discriminatory or more trade restrictive than necessary. …

Public And Private Enforcement Of The Securities Laws: Have Things Changed Since Enron?, James D. Cox, Randall S. Thomas

Faculty Scholarship

No abstract provided.

Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas

Faculty Scholarship

In a pilot study we published two years ago, we reported that nearly two-thirds of the institutional investors with financial losses in 53 settled securities class actions fail to submit claims. As a consequence of this failure substantial sums they were entitled to receive were given to others. This article presents the results of a much more extensive investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a much larger set of settlements with the results of a survey of institutional investors about their claims filing practices. Consistent …

Transnational Market Governance And Economic Citizenship: New Frontiers For Feminist Legal Theory, Mary Condon, Lisa Philipps

Articles & Book Chapters

No abstract provided.

Does The Charter Matter?, Harry W. Arthurs, Brent Arnold

Articles & Book Chapters

This article investigates whether Canada has changed in ways the ways that proponents of the Charter desired and anticipated. We examine the progress of groups that the Charter was intended to benefit (Aboriginal peoples, women, visible minorities, and immigrants); areas of state action that the Charter was intended to regulate (the criminal process and bureaucratic behaviour); and aspects of our communal and public life that the Charter was intended to animate and enhance (politics and inter-group cultural relations). We rely on a significant number of studies of Canadian social development during the period from 1982 to the present. Available evidence …