Digital Commons Network^™

Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom

St. Mary's Law Journal

In response to domestic violence involving victims who do not wish to cooperate in the prosecution of their abuser, prosecutors endeavor to frame cases around other evidence establishing a defendant’s guilt regardless of the victim’s testimony. Domestic violence cases set for trial are being thrown out of Texas courts because of the recent U.S. Supreme Court ruling that reasserts a defendant’s right to confront his accuser in court. Prosecutors believe that strong legal arguments exist to continue successfully prosecuting abusers without the cooperation of the victim at trial. This is through the continued admission of certain hearsay statements, despite Crawford …

Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris

St. Mary's Law Journal

Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …

Leveling The Legal Malpractice Playing Field: Reverse Bifurcation Of Trials The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Dwayne J. Hermes, Jeffrey W. Kemp, Paul B. Moore

St. Mary's Law Journal

The growing public demand for perfect results is shifting the time-tested obligation of lawyers to meet the standard of care. The general public no longer deems the advice and performance of professionals as beyond reproach. While this is probably a positive development, it appears that a number of clients (and patients) are raising the bar too high by expecting and demanding a perfect result. The legal malpractice suit is in vogue, and juries are increasingly holding attorneys to be guarantors of a favorable outcome for their clients. A significant portion of legal malpractice suits are merely thinly veiled claims for …

The Business Of Law And Tortious Interference The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Alex B. Long

St. Mary's Law Journal

While few in the legal profession would refer to clients as “property”, it is difficult to think some lawyers do not believe they possess something similar to property rights in their retainer agreements with clients. Not surprisingly, a tortious interference claim is a viable option for an attorney who feels that another attorney has wrongfully “stolen” a client or otherwise interfered with the attorney’s “property.” Courts have traditionally been reluctant to hold attorneys liable for litigation conduct that results in harm to adversaries or their attorneys. Plaintiff-attorneys generally have a better chance of succeeding when they complain that another attorney—while …

Unresolved Problems In Texas Legal Malpractice Law The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Stephen E. Mcconnico, Jennifer Knauth, Robyn Bigelow

St. Mary's Law Journal

Legal malpractice jurisprudence is a dynamic and evolving area of Texas law. In its evolution, many issues have arisen regarding potential areas for attorney liability and discipline. The Texas Supreme Court opinion in Alexander v. Turtur & Associates, Inc. discusses the “suit within the suit” requirement for causation in litigation malpractice cases. The case also raised an important question—whether and in what circumstances causation should be treated as a question of law for the trial judge in the malpractice case, rather than as a question of fact for the jury. The Alexander opinion suggests that both the jury submission issues …

The Emperor's New Clothes: Cloaking Client Protection Under The New Model Court Rule On Insurance Disclosure The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Nicole D. Mignone

St. Mary's Law Journal

Traditionally, the legal profession prides itself on its ability to self-regulate and prefers to “take care of its own” in the disciplinary realm. The Model Court Rule on Insurance Disclosure (the Rule) invites an initial effort toward the legal profession’s self-regulating ideals and client protection. The Rule requires private practice attorneys to report to their state whether they plan to maintain liability insurance, which is then disclosed to the public. Unfortunately, the Rule’s ambiguous language and requirements create worrisome issues for both the attorney and client. Attorneys without malpractice insurance may be indirectly forced to obtain it. This expense could …

Legal Ethics In Capital Cases: Looking For Virtue In Roberts V. Dretke And Assessing The Ethical Implications Of The Death Row Volunteer The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., J. Caleb Rackley

St. Mary's Law Journal

Abstract Forthcoming.

Reeves V. Sanderson Plumbing Products: The Emperor Has No Clothes - Pretext Plus Is Alive And Kicking., Matthew R. Scott, Russell D. Chapman

St. Mary's Law Journal

Before the Supreme Court’s decision in Reeves v. Sanderson Plumbing Products, Inc., the Fifth Circuit’s en banc decision in Rhodes v. Guiberson Oil Tools established the proper standard of causation in employment discrimination cases. The plaintiff must prove his or her protected trait was the “determinative reason” for the challenged employment action. Following Reeves, which appeared to overrule Rhodes and the doctrine of pretext plus, the Fifth Circuit struggled with the causation question. Despite the apparent confusion, the Fifth Circuit has largely reaffirmed not only its commitment to the Rhodes pretext-plus analysis, but also the determinative-reason standard for pretext cases. …

Looting Of Iraqi Art: Occupiers And Collectors Turn Away Leisurely From The Disaster, Amy E. Miller

Case Western Reserve Journal of International Law

No abstract provided.

Phytoplankton Responses As Indicators Of Exposure To Toxicants, Rosangela Aparecida Devilla

School of Biological and Marine Sciences Theses

The use of antifouling booster biocides on boats and ships is of environmental concern as the leached products can affect non-target, highly susceptible phytoplanktonic organisms. Appropriate assessment of whether or not estuarine/marine phytoplankton are potentially at risk should include a combination of approaches, investigating toxic effects for both single species and natural phytoplankton communities and ideally include field verifications. This research addresses the application and comparison of methods to investigate toxic responses to four antifouling biocides Irgarol 1051®, diuron, Sea-Nine 211® and zinc pyrithione in laboratory-based experiments with single species and using natural phytoplankton assemblages. The applicability of photosynthetic parameters …

The Use Of Prebiotics To Improve Fish Health, Michelle Stone

School of Biological and Marine Sciences Theses

The aim of this project was to analyse critically the potential use of prebiotics in aquaculture. Initially, the intestinal microflora of rainbow trout, raised in the aquarium facilities at CEFAS, Weymouth, was investigated using both conventional bacteriological (culture, BiOLOG) and molecular (Restriction Fragment Length Polymorphism (RFLP), 16S rRNA gene sequencing) techniques. Dominant colony types were identified as Aeromonas sobria, Carnobacterium piscicola and Clostridium gasigenes. A series of in vitro growth curve studies was carried out using a selection of intestinal bacteria and known fish pathogens, to determine the ability of intestinal bacteria to utilise the potential prebiotic candidates inulin, lactulose …

Effect Of Human Disturbance On The Foraging Behaviour Of The Oystercatcher Haematopus Ostralegus On The Rocky Shore, Sarah Carless

School of Biological and Marine Sciences Theses

The aim of this thesis was to investigate the effects of human disturbance on animal foraging behaviour using oystercatchers foraging on the rocky shore as a model system. The primary focus of this thesis was the balance between vigilance and foraging, and the variation in this balance with changes in environmental factors and the application of experimentally controlled human disturbance. On the structurally complex rocky shore foraging and vigilance are generally mutually exclusive behaviours and so an individual must trade-off energy acquisition with predator avoidance. The extent of the trade-off was expected to vary spatially and temporally dependant upon an …

The Implications Of Anger And School Violence, Ronda Hilbert

Graduate Research Papers

A series of highly publicized school shootings in the Untied States generated the misperception of an epidemic of school violence. Fears of school violence stimulated an ill-advised expansion of zero tolerance school discipline policies and the widespread distribution of profiles or warning signs of potentially dangerous students for use by school administrators. This paper presents that little is known about student threats of violence, although students in special education tend to commit disciplinary violations at a higher rate than regular education students according to some studies. Threats of violence pose a dilemma for educators, who must balance federal requirements, the …

Impact Of The Arts On Students' Learning, Sook Ming Kong

Graduate Research Papers

The role of the arts has been undermined for a long time in the school curriculum. Recently, a group of researchers embarked on a number of studies investigating the positive effects which the arts has on students' performance in school. The results provide an insight into the fact that students who have high involvement in the arts perform better on a variety of academic measures such as grades in English, and scores on standardized tests.

The studies also provide evidence that participation in the arts helps to reduce the drop- out rate of at-risk students and those in low SES …

How Can Technology Assist In The Effectiveness Of After School Programs?, Imani A. Phillips

Graduate Research Papers

This review examines how technology assists in the effectiveness of learning in after-school programs. There are different types of after school programs available to parents with school-age children. Results describe the use of technology and the influence it has on the learning ability of students who are at risk. Meaningful, engaged learning can be promoted through the use of technology. Experts in the field state that technology facilitates learning by addressing the need of the individual learner. This review's conclusions indicate that a learning community can encourage personalized learning activities, collaboration, and motivation. The integration of effective technology into a …

A New Diagnostic System In Cancer Research: Bioluminescent Imaging (Bli), Z. Günnur Di̇kmen, Ginelle Gellert, Paki̇ze Doğan, Ralph Mason, Peter Antich, Edmond Richer, Woodring E. Wright, Jerry W. Shay

Turkish Journal of Medical Sciences

Bioluminescent imaging (BLI) is particularly well suited for imaging small animals, and it can be readily used by scientists who are already routinely using the luciferase gene as a reporter in cell-based assays. This strategy relies on ATP and an O_2 dependent photochemical reaction between luciferin and luciferase, resulting in the release of photons from only live cells. In BLI, the intensity of the light detected by the device is proportional to the intensity of light emitted and the relationship is quantitative. This study was performed to determine the sensitivity of BLI for the imaging of lung metastasis and breast …

The Quality Of Collaboration Among Medical Research Centers, Universities, Health Executives And The Community In İran, Saeed Asefzadeh

Turkish Journal of Medical Sciences

A health research system is defined as a system for planning, coordinating, monitoring and managing health research resources and activities, and for promoting research aimed at effective and equitable national health development. This study was conducted to describe the quality of mutual collaboration among medical research centers, universities, executive organizations and the community. In this situation analysis qualitative methods were applied. In-depth interviews were held with the heads of 20 research centers (RCs), 6 senior executive health administrators at national level, 10 vice chancellors at universities and 3 directors of private medical research firms. In addition to the interviews, records …

Prenatal Diagnosis Of A Trisomy 13 Case Associated With Holoprosencephaly By Ultrasonography And Quantitative Fluorescent Pcr, N. Lale Şatiroğlu Tufan, A. Çevi̇k Tufan, Başak Yildirim, Babür Kaleli̇, C. Nur Semerci̇, Ferda Bi̇r, Füsun Düzcan, Hüseyi̇n Bağci

Turkish Journal of Medical Sciences

ŞATIROĞLU TUFAN^{1,2}, A. Çevik TUFAN^{2,3}, Başak YILDIRIM^4, Babür KALELİ^4, C. Nur SEMERCİ^1, Ferda BİR^5, Füsun DÜZCAN^1, Hüseyin BAĞCI^{1,2} ^1Department of Medical Biology, Center for Genetic Diagnosis, Molecular Genetics Laboratory, Faculty of Medicine, Pamukkale University, Denizli - Turkey ^2Pamukkale University Research Center for Genetic Engineering and Biotechnology, Denizli - Turkey ^3Department of Histology and Embryology, Faculty of Medicine, Pamukkale University, Denizli - Turkey ^4Department of Obstetrics and Gynecology, Faculty of Medicine, Pamukkale University, Denizli - Turkey ^5Department of Pathology, Faculty of Medicine, Pamukkale University, Denizli - Turkey

Social Issues In Biology: A Course Template, Marcey J. Hand

Graduate Research Papers

Recent advances in biotechnology have raised difficult ethical questions and issues. There are many challenges associated with designing a curriculum that incorporates these issues into the context of the classroom. To begin with, an article collection or textbook is an impractical way to provide the primary information for a bioethics course. The information found on the Internet also poses a challenge because it may not be authentic or reliable. Another consideration is that teachers have limited time to prepare materials and organize the details of an issue-based course. Plus, most teachers have not been trained for teaching an issue-based course, …

Inside The Stress Of A Police Officer's Job : What Mental Health Counselors Should Know, Molly J. Wertz

Graduate Research Papers

Police officers have a unique responsibility within the job. They must learn to cope with stress, adrenaline, and fear during working hours while protecting themselves as they are protecting society. Becoming burdened and overwhelmed by the stress of the job can have many consequences, including suicide attempts and the development of post-traumatic stress disorder. This paper will examine primary stressors a police officer encounters on and off the job, suicide, posttraumatic stress disorder, peer support, as well as implications for counselors.

Effectiveness Of Wilderness Therapy, Cody A. Williams

Graduate Research Papers

This paper examines the literature in the field of Wilderness Therapy in order to evaluate the current state of research, and the basic format of how Wilderness Therapy works. The theoretical base of Wilderness Therapy is discussed to provide conceptual framework and describe how the therapy could be launched into mainstream therapy. The techniques of Wilderness Therapy are explained for better understanding of how the therapy works. In conclusion, Wilderness Therapy appears to be a viable alternative for the treatment of emotional and behavioral problems amongst adolescents and adults. Recommendations for the future are for more research and better understanding …

An Introduction To Asperger Syndrome For Helping Professionals, Bethea E. Woodsmall

Graduate Research Papers

This paper provides a brief history and overview of Asperger Syndrome (AS) for counselors and other helping professionals. It describes the general characteristics of AS including social behaviors, emotional characteristics, theory of mind deficits, language, interests/routine, motor clumsiness, and sensory sensitivity. This paper also addresses the diagnosis and assessment of AS. Interventions for AS including psychotropic medications, social interventions, behavioral interventions, psychotherapy, and sensory integration is addressed as well.

Writing A Short Science Fiction Novel For Young Adults, Cheryl Robson

Graduate Research Papers

The purpose of this project is to write a dystopian science fiction short novel for young adults, in tum raising awareness of the genre among young people, as well as causing them to consider today's technology issues from a different viewpoint. Background research commenced on characteristics, history, and readership of science fiction. The sub genre of dystopian science fiction was reviewed through the examination of scholarly research in this particular area. After additional reading of science fiction books, the first chapter of the researcher's science fiction novel was written. Next, students in three sections of high school language arts classes …

Writing A Historical Fiction Novel: The Marks Of The Shaman: The Diary Of Indian Captive Olive Oatman, Heather J. Uhlmeyer

Graduate Research Papers

The purpose of this research project was to write a historical fiction novel based on true accounts of the Indian captive Olive Oatman. Many times historical fiction novels are designed to entertain the reader, while educating them about historical facts and events. The writer hopes that this piece of literature will serve as a tool to educators in developing their Native American units to meet the needs and interests of the children. The book will help any child who reads it to understand the way of life for Native Americans and some of the ordeals that captives had to endure …

Dehydration And The Effects On Collegiate Wrestlers, David J. Malecek

Graduate Research Papers

The purpose of this review of literature is to analyze the research available dealing specifically with dehydration and rehydration issues as they relate to collegiate wrestlers. More specifically this paper will serve a practical purpose in the provision of an examination and identification of specific suggestions regarding the application of the use of fluids in wrestling for promotion of high level performance while maintaining optimal hydration.

Structured Imagery Training Program For Collegiate Basketball Players, David Lee Huss

Graduate Research Papers

The purpose of the present research paper was to develop an imagery program to improve performance with collegiate basketball players. This paper provides information that informs athletes on learning to use imagery. An imagery program can help master skills, increase arousal, boost self-confidence, prepare for the unexpected, and help injured athletes heal faster.

Several topics covered in this research paper include theories of imagery, categories of imagery, and elements of imagery are discussed on the four R's: relaxation, realism, regularity, and reinforcement. When an athlete can make themselves relaxed, they can make the image as real as possible. If an …

Automated External Defibrillator Deployment In Fitness Facilities: A Review Of Literature, Jennie Feltes

Graduate Research Papers

Even though the availability of AEDs have increased significantly since they first came to existence and people can identify the importance of implementing an AED program to increase the survival rate of cardiac arrest victims, AEDs are not being used on the vast majority of people experiencing out-of-hospital cardiac arrest. This study will discuss the available published literature related to the use of automated external defibrillators in cardiac arrest victims. The purpose of this research is to investigate the role of using an AED in the event of cardiac arrest, barriers to implementing an AED program, legal issues, and how …

Does Carnitine Supplementation Enhance Exercise Performance In Healthy Adults?, Susan E. Spragg

Graduate Research Papers

No abstract provided.

Childhood Overweight And Obesity, Julie Lenee Wood

Graduate Research Papers

The focus of this paper lies in current trends, possible causes, and suggested solutions to the problem of childhood and adolescent overweight and obesity. There are many possible causes of overweight and obesity. The four that seem to be the most widely studied and that will be covered in this paper include genetics, sedentary lifestyles that includes television watching, nutrition that also includes television watching, and school factors.

Review Of The Literature On The Effects Of Strength Training On The Health Status Of Senior Citizens, Lou Ann Wikan

Graduate Research Papers

Literature has shown that aerobic exercise can improve a senior citizen's health status and the associated quality of life. As of late, the question of whether strength training is also an important component of improvement in elderly living has surfaced. According to Dinsmoor, (1993 ), aerobic exercise improves cardiovascular fitness and boosts the body's ability to burn oxygen, but has little effect on strength and muscle mass. While aerobic exercise is associated with the improvement of cardiovascular fitness, the question remains as to whether additional benefits could be acquired through strength training. Thus, a review of literature was completed due …