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2005

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Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin Jan 2005

Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin

Cornell Law Faculty Publications

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …

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Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg Jan 2005

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

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Good Data, Bad News, Good Policy Making ..., Gabrielle Matters Jan 2005

Good Data, Bad News, Good Policy Making ..., Gabrielle Matters

2005 - Using data to support learning

The New Basics Trial in Queensland (2000 –04) was about improving educational outcomes. At its heart was the idea that, to do this, there must be an orchestration of the message systems of curriculum, teaching and assessment – and that these changes must be in practices, not merely in statements of intention or expectation. This paper spans the trial period (2000 –04) and the immediate post-trial period (2005), showing how research evidence informed policy-making. The New Basics approach (which introduced three suites of Rich Tasks covering three 3-year spans from Year 1 to Year 9) to curriculum, teaching, assessment, reporting, …

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Capital Flight From Thailand, 1980–2000, Edsel L. Beja Jr, Pokpong Junvith, Jared Ragusett Jan 2005

Capital Flight From Thailand, 1980–2000, Edsel L. Beja Jr, Pokpong Junvith, Jared Ragusett

Economics Department Faculty Publications

We measure capital flight from Thailand from 1980 to 2000 and analyze the relationships between capital flight and capital inflows, economic growth, crisis, and financial liberalization. We define capital flight as net private unrecorded capital outflows from a capital-scarce developing country, measured as the difference between the recorded sources and uses of funds. This definition is commonly referred to as the ‘residual’ definition of capital flight (see, for example, Erbe 1985; Morgan Guaranty 1986; World Bank 1985). As discussed in Chapter 3, there are several definitions of capital flight: capital flight as the undeclared stock of external assets of domestic …

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Who Chooses Who? : An Investigation Of The Relationship Between Ethnicity, Gender, And Peer Nominations Of Aggression, Karen Hammack Petty Jan 2005

Who Chooses Who? : An Investigation Of The Relationship Between Ethnicity, Gender, And Peer Nominations Of Aggression, Karen Hammack Petty

Electronic Theses and Dissertations

No abstract provided.

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Anger And Social Problem Solving Style As Predictors Of Burnout In Mental Health Workers, Jerri L. Maroney Jan 2005

Anger And Social Problem Solving Style As Predictors Of Burnout In Mental Health Workers, Jerri L. Maroney

PCOM Psychology Dissertations

This study examined how the variables of anger and social problem-solving style affect the dimensions of burnout in a sample of 99 mental health workers. To assess these constructs, the State-Trait Anger Scale-2, and the Social Problem Solving Inventory-Revised were utilized. The Maslach Burnout Inventory for Human Services Staff was used to measure job burnout. Emotional Exhaustion, Depersonalization, and a decrease in the sense of Personal Accomplishment are the core dimensions of burnout on this measure. Emotional Exhaustion and Depersonalization correlated significantly with State Anger, Trait Anger, and Negative Problem Orientation. Significant inverse correlations were demonstrated for State Anger, Trait …

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Assessing Mental Health Literacy Of First- And Third-Year Medical Students : Knowledge And Beliefs About Mental Disorders, Patricia A. Cheslock Jan 2005

Assessing Mental Health Literacy Of First- And Third-Year Medical Students : Knowledge And Beliefs About Mental Disorders, Patricia A. Cheslock

PCOM Psychology Dissertations

Mental health literacy is the knowledge and beliefs about mental disorders that influence their identification, treatment, and prevention. It is highly pertinent for the primary care physician to possess appropriate mental health literacy, because it is in that sector that the majority of individuals first seek treatment. As many as 90% of individuals who experience symptoms of a mental disorder are first seen by their primary care physician. However, general practitioners often do not detect or diagnose the presence of a mental disorder, and as many as 50% of these disorders remain unidentified and untreated. This study explored the mental …

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Exploratory Study Of Anger And Behavior In An Incarcerated Offender Population Utilizing The Mahan And Ditomasso Anger Scale, Robert John Marsh, Jr. Jan 2005

Exploratory Study Of Anger And Behavior In An Incarcerated Offender Population Utilizing The Mahan And Ditomasso Anger Scale, Robert John Marsh, Jr.

PCOM Psychology Dissertations

The present study proposed to advance the treatment and assessment of anger disorders by exploring the properties of the Mahan and DiTomasso Anger Scale (MAD-AS). Previous research of the reliability, validity, and factor structure of the MAD-AS was conducted with inpatient (Mahan, 2001) and outpatient participants (Beardmore, 2003) . In the present study a psychometric investigation was undertaken utilizing 300 male incarcerated offenders. The MAD-AS correlated positively with the presence of antisocial and borderline personality disorders and with violent offenses. Those inmates with a history of violent offenses scored significantly higher than those convicted of nonviolent offenses on the MAD-AS. …

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Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professional Development And Ethical Decisionmaking Of Lawyers, Leslie Levin Jan 2005

Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professional Development And Ethical Decisionmaking Of Lawyers, Leslie Levin

Faculty Articles and Papers

This article explores the impact of trial lawyers= associations on the professional identities of its members, their professional development, their understanding of practice norms, and their ethical decision making. It does so by looking at the New York State Trial Lawyers= Association (ANYSTLA@), and more specifically, the conversations that occur on its listserv. When these conversations are viewed in the context of the history and current operations of NYSTLA, it is possible to see how such listservs powerfully promote shared professional values and views within NYSTLA=s membership. The listserv extends the advice networks of trial lawyers far beyond the small …

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Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger Jan 2005

Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger

Faculty Articles and Papers

Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians who are not members of the tribe. The Article examines these decisions to show that they owe less to established Indian law doctrine than to two assumptions: first, that tribal courts will be unfair to outsiders and second, that jurisdiction over outsiders has little to do with tribal self-government. It then tests these assumptions against an examination of all cases decided by the Navajo Nation appellate courts over the last thirty-five years and the history and contemporary situation of tribal legal systems. This …

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The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg Jan 2005

The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

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Agency Character And Character Of Agency Guidelines: An Historical And Institutional Perspective, Hillary Greene Jan 2005

Agency Character And Character Of Agency Guidelines: An Historical And Institutional Perspective, Hillary Greene

Faculty Articles and Papers

Though antitrust guidelines have become commonplace, their approach was novel when first introduced. In a 1964 front-page article entitled, Industries Will Get Merger Guidelines, The New York Times observed, 'An entirely new approach to the enforcement of the antitrust laws is about to be attempted by the Federal Trade Commission.' Similarly, the American Bar Association's 1968 Antitrust Developments treatise described these first antitrust agency guidelines as a new method to advise businessmen about how the FTC would gauge the competitiveness of mergers. In the nearly forty years since the introduction of the first merger guidelines, the federal antitrust agencies have …

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Special Defenses In Modern Products Liability Law, David G. Owen Jan 2005

Special Defenses In Modern Products Liability Law, David G. Owen

Missouri Law Review

This article examines special defenses in products liablitly. Specifically, the government contractor defense, the regulatory compliance defense, and statutes of limitations and repose. These defenses are less common than those based on plantiff conduct, but when they do apply they can control the outcome of a case.

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Disinheriting The Legal Orphan: Inheritance Rights Of Children After Terminations Of Parental Rights, Richard L. Brown Jan 2005

Disinheriting The Legal Orphan: Inheritance Rights Of Children After Terminations Of Parental Rights, Richard L. Brown

Missouri Law Review

This Article addresses the inheritance rights of these legal orphans. Part II of the Article outlines the nature of state termination of parental rights statutes, notes the effect of recent federal legislation on those proceedings, and describes the effect of various types of termination of parental rights statutes on the inheritance rights of the child. Part III(A) argues that barring a child's right to inherit from terminated parents contravenes the policies that underlie the child welfare system. Part III(B) argues that disinheritance of the children of terminated parents is also inconsistent with the broader scheme of intestate succession.

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Applying Restraints To Private Police, Heidi Boghosian Jan 2005

Applying Restraints To Private Police, Heidi Boghosian

Missouri Law Review

Private security needs better public oversight. This Article argues that equitable remedies in the form of improved training and oversight should be requested as part of relief in all Section 1983 claims involving private police. Improved training would greatly benefit society by reducing the number of violent encounters between private security officers and the public.

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Medical Malpractice Crisis: A Problem With No Answer, The, Chandler Gregg Jan 2005

Medical Malpractice Crisis: A Problem With No Answer, The, Chandler Gregg

Missouri Law Review

The current “medical malpractice crisis” can be solved by examining and solving the several factors that are the root cause. This Comment looks at the changes that have been made in the way of tort reform and will analyze the problems that past tort reform efforts have ignored. It will also suggest alternative remedies to get the health care system on its way to becoming a system where fewer medical mistakes are made, injured plaintiffs are adequately compensated, and doctors can most effectively and efficiently operate.

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Cmn 4749 : Senior Portfolio, Communication Studies Jan 2005

Cmn 4749 : Senior Portfolio, Communication Studies

Approved Course Proposals

No abstract provided.

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Emerging Policy And Practice Issues (2004), Steven L. Schooner, Christopher R. Yukins Jan 2005

Emerging Policy And Practice Issues (2004), Steven L. Schooner, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2004), attempts to identify the key trends and issues for 2005. The paper suggests that two rather unique items merit particular attention: the Darleen Druyun saga and the plight of contractors working in Iraq. Both frame compliance issues in stark relief. At the same time, we address what we perceive as the far more vexing issue that permeates federal procurement today: the excessive reliance upon, and corresponding misuse of, task-order contracting. We also discuss procurement spending trends (and the inevitable belt-tightening that must follow); contract-related litigation trends; …

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Gender, Race, And Risk Perception: The Influence Of Cultural Status Anxiety, Donald Braman, Dan M. Kahan, John Gastil, Paul Stovic, C.K. Mertz Jan 2005

Gender, Race, And Risk Perception: The Influence Of Cultural Status Anxiety, Donald Braman, Dan M. Kahan, John Gastil, Paul Stovic, C.K. Mertz

GW Law Faculty Publications & Other Works

Why do white men fear various risks less than women and minorities? Known as the white male effect, this pattern is well documented but poorly understood. This paper proposes a new explanation: cultural status anxiety. The cultural theory of risk posits that individuals selectively credit and dismiss asserted dangers in a manner supportive of their preferred form of social organization. This dynamic, it is hypothesized, drives the white male effect, which reflects the risk skepticism that hierarchical and individualistic white males display when activities integral to their status are challenged as harmful. The paper presents the results of an 1800-person …

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From International Law To Law And Globalization, Paul Schiff Berman Jan 2005

From International Law To Law And Globalization, Paul Schiff Berman

GW Law Faculty Publications & Other Works

International law's traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important - though sometimes inchoate - processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that "international law" is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

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The Polymorphic Principle And The Judicial Role In Statutory Interpretation, Jonathan R. Siegel Jan 2005

The Polymorphic Principle And The Judicial Role In Statutory Interpretation, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

The Supreme Court's statutory interpretation cases present an ongoing clash between mechanical, textualist, rule-based interpretive methods that seek to limit the role of judicial choice and more flexible methods that call upon courts to exercise intelligent judgment. In the recent case of Clark v. Martinez, 125 S. Ct. 716 (2005), the mechanical view of judging prevailed. The Court applied a purported canon of statutory construction that requires that a single phrase in a single statutory provision must always have a single meaning. The Court said that any other interpretive approach would be novel and dangerous. The Court is wrong on …

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Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove Jan 2005

Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove

GW Law Faculty Publications & Other Works

This essay critiques Professor Orin Kerr's provocative article, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, 102 Mich. L. Rev. 801 (2004). Increasingly, Fourth Amendment protection is receding from a litany of law enforcement activities, and it is being replaced by federal statutes. Kerr notes these developments and argues that courts should place a thumb on the scale in favor of judicial caution when technology is in flux, and should consider allowing legislatures to provide the primary rules governing law enforcement investigations involving new technologies. Kerr's key contentions are that (1) legislatures create rules …

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Cd / Ym 690 Discipleship Development Through Trail Camping, Steve Venable Jan 2005

Cd / Ym 690 Discipleship Development Through Trail Camping, Steve Venable

Syllabi

REQUIRED TEXTS: Hiking and Backpacking: A Complete Guide. New Edition by Karen Berger – a reference guide to remind you of crucial info while on the trail AMC Guide to Outdoor Leadership by Alex Koseff – handbook on developing leadership skills for outdoor activities Empower Your Kids to be Adults by Donald Joy – a reflection on the need for and how to’s of rites of passage Windows of the Soul by Ken Gire – a herald for hearing God in new ways

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Testing An Intervention To Address The Sociocultural Influence Of Mass Media On Body Image: Can We Reverse The Curse?, Janet Derosier Murray Jan 2005

Testing An Intervention To Address The Sociocultural Influence Of Mass Media On Body Image: Can We Reverse The Curse?, Janet Derosier Murray

Electronic Theses and Dissertations

The adverse effects of exposure to unrealistic ideals in the media are well documented, however, this is the first study to explore the possibility that women may experience improvement in body image and affect via social comparison to women with realistic, non-ideal body shape and size. Using material from The Century Project©, the impact of exposure to nude, non-pornographic photographs of women of varied shape, size, age, and physical condition, and the photographed women's personal commentaries about how they successfully cope with body image concerns was tested using an experimental design. It was hypothesized that exposure to the photographs and …

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Home School Versus Other Applicants To Postsecondary Institutions: Admission Policies And In-Depth Analysis, Rebecca Lynn Ashford Jan 2005

Home School Versus Other Applicants To Postsecondary Institutions: Admission Policies And In-Depth Analysis, Rebecca Lynn Ashford

Electronic Theses and Dissertations

In this study, 94 colleges and universities in Florida were surveyed to determine what their admission policies were for home school applicants. Forty-six colleges responded to the survey. The results of the survey were analyzed to determine if there was a pattern of acceptance based on institution type--public, private, or proprietary. Further, the admission policies were analyzed to determine the extent to which they complied with the National Center for Home Education's (NCHE) recommend college admission policies for home school applicants. The researcher found that public colleges were more likely to accept home school students than were private colleges. Also, …

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A Constructionist Analysis Of Same-Sex Marriage, Sandra Kay Nead Jan 2005

A Constructionist Analysis Of Same-Sex Marriage, Sandra Kay Nead

Electronic Theses and Dissertations

Same-sex marriage has been heavily debated in academics and in the public sphere. During the 2004 Presidential election same-sex marriage became an issue that polarized the candidates. It has become a lightning rod for public debate. Due to the increasing attention to the controversy of legalizing same-sex marriage, it is an important topic for research. This paper seeks to contribute to the research of same-sex marriage by providing insight into claims-making efforts to define same-sex marriage as a social problem. My findings shed light on this topic from a social constructionist perspective by examining the use of rhetorical idioms of …

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Design Of A Dynamic Focusing Microscope Objective For Oct Imaging, Supraja Murali Jan 2005

Design Of A Dynamic Focusing Microscope Objective For Oct Imaging, Supraja Murali

Electronic Theses and Dissertations

Optical Coherence Tomography (OCT) is a novel optical imaging technique that has assumed significant importance in bio-medical imaging in the last two decades because it is non-invasive and provides accurate, high resolution images of three dimensional cross-sections of body tissue, exceeding the capabilities of the current predominant imaging technique –ultrasound. In this thesis, high resolution OCT is investigated for in vivo detection of abnormal skin pathology for the early diagnosis of cancer. The technology presented is based on a dynamic focusing microscopic imaging probe conceived for skin imaging and the detection of abnormalities in the epithelium. A novel method for …

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Dred Scott And International Law, Mark Weston Janis Jan 2005

Dred Scott And International Law, Mark Weston Janis

Faculty Articles and Papers

As we ponder the contemporary debate about the proper use of international and foreign law in interpreting U.S. constitutional law, it might be well to remember that in 1857, the Supreme Court, in its most infamous judgment, Dred Scott v. Sandford, was already struggling with the controversy. This Article looks first at the increasingly hostile position that international and foreign law took towards slavery in the period from the American Revolution to our Civil War. Second, we discuss the nine judicial opinions in Dred Scott and explain how the judges variously relied on international and foreign law to defend or …

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Parasites Of The American White Pelican, Robin M. Overstreet, Stephen S. Curran Jan 2005

Parasites Of The American White Pelican, Robin M. Overstreet, Stephen S. Curran

Gulf and Caribbean Research

Metazoan symbionts, including parasites, infecting the American white pelican (AWP) Pelecanus erythrorhynchos comprise a list of 75 species, 7 of which are new host records. Several new geographic records are also presented, but generally these have a low value because of the migratory nature of the bird. Evidence suggests that some parasites, mostly flies and other arthropods but also nematodes and digeneans, produce detrimental behavioral or pathologic changes in the AWP. Some of the arthropods transmit microbial agents to the pelican. Two digeneans that have the AWP as a definitive host harm and even kill their catfish intermediate host, especially …

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High Cyanobacterial Abundance In Three Northeastern Gulf Of Mexico Estuaries, Michael C. Murrell, Jane M. Caffrey Jan 2005

High Cyanobacterial Abundance In Three Northeastern Gulf Of Mexico Estuaries, Michael C. Murrell, Jane M. Caffrey

Gulf and Caribbean Research

Aquatic phytoplankton comprise a wide variety of taxa spanning more than 2 orders of magnitude in size, yet studies of estuarine phytoplankton often overlook the picoplankton, particularly chroococcoid cyanobacteria (cf. Synechococcus). Three Gulf of Mexico estuaries (Apalachicola Bay, FL; Pensacola Bay, FL; Weeks Bay, AL) were sampled during summer and fall 2001 to quantify cyanobacterial abundance, to examine how cyanobacterial abundance varied with hydrographic and nutrient distributions, and to estimate the contribution of cyanobacteria to the bulk phytoplankton community. Cyanobacterial abundances in all 3 estuaries were high, averaging 0.59 ± 0.76 X 109 L–1 in Apalachicola Bay, …

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