Digital Commons Network^™

Design, Implementation, And Validation Of An Implantable Multichannel Telemetry System For Chronic Study Of Sudden Cardiac Death., Wei Kong

All ETDs from UAB

No abstract provided.

Maternal Oral Health And Preterm Low Birth Weight In Pakistan., Amyn Lakhani

All ETDs from UAB

No abstract provided.

The Effects Of Urbanization On The Health Of Fish And Benthic Macroinvertebrate Communities In The Upper Cahaba River Watershed., Kevin J. Morse

All ETDs from UAB

No abstract provided.

Teleradiology Program Evaluation., Nieika Geeter Parks

All ETDs from UAB

No abstract provided.

The Relationship Among Human Resource Management, Organizational Culture, And Organizational Performance., Elena A. Platonova

All ETDs from UAB

No abstract provided.

Correlates Of Douching Frequency, Sexually Transmitted Infections, Sexual Risk Behaviors And Reasons For Douching Among Adolescents And Young Adult Women., Pamela Q. Plummer

All ETDs from UAB

No abstract provided.

Evaluating Bundled Discounts, Thom Lambert

Faculty Publications

This article identifies and critiques five attempts courts and commentators have made at articulating such an evaluative approach and, finding each approach lacking, proposes an alternative evaluative approach. The proposed approach would presume the legality of above-cost bundled discounts but would permit that presumption to be rebutted by a plaintiff that proved certain facts demonstrating that it had fully exhausted its competitive options and was, or was likely to become, as efficient as the discounter. The recommended approach would be easily administrable and would include clear safe harbors to ensure that procompetitive bundled discounting is not discouraged.

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. …

The Right To Receive Information: The Current State Of The Doctrine And The Best Application For The Future, Jamie Kennedy

Seton Hall Law Review

No abstract provided.

Student Performance In Upper - Division Business Core Courses : Using Control Variables To Determine The Effect Of Class Size, Donna A. Driscoll, Paul J. Lazarony, Janna Arney, Earl J. Weiss

Management Faculty Publications

Although the effect of class size upon student performance has been the focus of numerous studies, the results have been extremely mixed, including positive effects, no effects, and negative effects. The authors of this study believe that this lack of consensus could be due, at least in part, to the shortage of control variables employed in previous studies. The purpose of this study was to determine whether the addition of four control variables (course being taught, length of class period, instructor, and student ability level) to the analysis would be helpful in isolating the effect, if any, of class size …

Divination Bowls And Blood Simulacra In Colonial And Contemporary Mesoamerican Curing, Servando Z. Hinojosa

Anthropology Faculty Publications

This study discusses 17th century Nahua practices of water divination in light of contemporary types of bowl divination practiced by Kaqchikel Mayas of Guatemala. The author argues that part of the efficacy of bowl divination among Kaqchikels, and possibly among Nahuas, rests upon the transformation of the water used into a simulacrum of blood. The creation and subsequent manipulation of this simulacrum enables the ritualist to effectuate key changes to the client's state of blood and, by extension, to the client's state of spirit.

100 Years Of Conflict: The Past And Future Of Tort Retrenchment, John T. Nockleby, Shannon Curreri

Loyola of Los Angeles Law Review

No abstract provided.

Mcnair Research Journal

Georgia Southern University McNair Scholars Journal (Archived)

Full issue of the Georgia Southern University McNair Journal presented by the Ronald E. McNair Post-Baccalaureate Achievement Program at Georgia Southern University.

• The Acceptability of Aggressive Behaviors in Dating Relationships Kirsten Barnard; Dr. Janice Kennedy

• A Response to My Bank Teller: How Has a Nation of Immigrants Become So Anti-immigrant Angel Beal; Darin Van Tassell, PhD.

• Glucose Fermentation Profiles of Geographically Diverse Spiroplasma Bacteria David Bostick; Laura B. Regassa, PhD.

• An Analysis of the Relation Between High Discretionary Quarterly Revenue Accruals and Fraudulent Earnings Management Enforcement Actions Taken by the Sec Korey S. Castleberry; Timothy Cairney, PhD.

• How Has the …

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Do Different Types Of Hospitals Act Differently?, Jill R. Horwitz

Other Publications

This essay is based on testimony delivered before the U.S. House of Representatives Committee on Ways and Means on May 26, 2005.

Cbd Economic Enhancement Project : Final Report, Beth Walker, Beverley Webster, Anna Wildy

Research outputs pre 2011

The City of J oondalup engaged the Small & Medium Enterprise Research Centre at Edith Cowan University to review the activities of the business community in the Central Business District (CBD) in order to support the City's strategic development plan. This report provides data to inform the future strategic decisions for the City concerning how it will grow and develop its CBD. The project aimed to identify the key indicators of current economic activity within the CBD, which could then be used to assist in the development of a more targeted approach to continuous growth and development strategies for the …

A Randomised Control Trial To Reduce Bullying And Other Aggressive Behaviours In Secondary Schools, Donna Cross, Hall Marg, Stacey Waters, Greg Hamilton

Research outputs pre 2011

In Australia bullying tends to peak twice in a school student's life - firstly at age 1 0 to 12 and then during the two years following their transition to secondary school (Rigby, 1994; Slee, 1995b) This transition to secondary school is considered a critical period to intervene on bullying (Farrington, 1993; Rigby, 1997, 1999; Sharp, 1995; Stevens, Bourdeaudhuij, & Van Oost, 2000; Whitney & Smith, 1993). It is suggested that compared with primary schools, the change in friendship structures that accompanies the move to secondary school, large student numbers and the less consistent contact and fewer close relationships between …

Tackling Talk : Teaching And Assessing Oral Language, Rhonda Oliver, Yvonne Haig, Judith Rochecouste

Research outputs pre 2011

Tackling Talk was a collaborative research project sponsored by several bodies: the English Teachers Association (ETA), the Australian Literacy Educators' Association (ALEA) through Quality Teacher Program funding and the Association of Independent Schools of WA (AISWA). A team of researchers from the Centre for Applied Language and Literacy Research (CALLR), Edith Cowan University, guided teachers from the public and independent sectors through an action research program involving online/ electronic materials, professional development sessions and personal mentoring. Some 49 teachers from 28 schools from both metropolitan and regional districts of Western Australia were involved in the project.

Outcome Evaluation Of The School Drug Education Project: Final Report Presented To The School Drug Education And Road Aware Project, Therese Shaw, Margaret Hall, Donna Cross, Hamilton Greg

Research outputs pre 2011

In 2002, Curtin University's Western Australian Centre for Health Promotion Research provided a report which explored the feasibility of a range of options to evaluate the impact of the School Drug Education Project (SDEP) on students' drug use, perceptions of drug-related harm and attitudes towards drug use. Given the difficulties of achieving a prospective design, this proposal recommended comparing retrospective measures of SDEP participation, level of SDEP training and dose of SDEP implementation with Years 8-12 student drug-related outcome data collected from four large Western Australian studies conducted somewhat concurrently with the School Drug Education Project.

It was hypothesised that …

The Effect Of A Harmless Error In Executing A Will: Why Texas Should Adopt Section 2-503 Of The Uniform Probate Court., Sean P. Milligan

St. Mary's Law Journal

Often, the validity of a will is called into question in situations where the testator failed to execute the will in compliance with statutory formalities, although the intent to create a will was present. In Texas, harmless errors in the execution of a will are not excused, and the testator must comply with the statutory formalities set out in the Probate Code. Strict judicial adherence to statutory formalities leads to unjust results in situations where it is relatively clear that the testator intended to create a will but failed to comply with the execution requirements. The failure to comply with …

Securing One's Fourth Amendment Rights Through Issue Preclusion: Assessing Texas's Application Of Collateral Estoppel To Multiple Suppression Motions Filed In Separate Courts., Garrett T. Reece

St. Mary's Law Journal

This Comment will assess the split in Texas courts over the issue of collateral estoppel’s application in different motion to suppress hearings. By placing collateral estoppel within the confines of the Double Jeopardy Clause, federal law essentially extinguished one form of collateral estoppel and invented another form of the doctrine. Remnants of both forms are still alive, however, and Texas is one state in which both forms of collateral estoppel may be invoked in a criminal proceeding. Part II provides a historical analysis of the exclusionary rule, Double Jeopardy Clause, and collateral estoppel’s rise in criminal court. Part III addresses …

Men, Muscles, And Body Image: Comparisons Of Competitive Bodybuilders, Weight Trainers, And Athletically Active Controls, T. C. Pickett, R. J. Lewis, T. F. Cash, H. G. Pope

Psychology Faculty Publications

Objectives: To investigate body image and psychosocial adjustment among competitive bodybuilders, non-competitive weight trainers, and athletically active men.

Methods: Participants were 40 men in each of the three groups who were assessed on body composition and multiple facets of body image evaluation, investment and anxiety, eating attitudes, and social self esteem.

Results: Relative to the other two groups, competitive bodybuilders had greater body mass due to fat-free body mass. Although groups did not differ in their situational body image discomfort, competitive bodybuilders and weight trainers had a more positive global appearance evaluation and were more psychologically invested in their physical …

Legal Online Marketing Issues: The Opportunities And Challenges, Michael T. Zugelder

Finance Faculty Publications

This chapter will review several emerging issues associated with e-marketing from the perspective of Web sites including intellectual property, information management, and contracting. E-marketers in the years to come should not only consider the growing e-marketing opportunities but also be cognizant of the growing body of law governing marketing online. While the future may be bright and uniformity and fairness may prevail, current domestic and global law facing e-marketers is varied and the potential basis for liability. The law must be considered wherever e-marketers direct their efforts.

The European Union, Immigration And Inequality: “Albanian” Labor In The Political Economy Of Rural Greece, Christopher M. Lawrence

Dissertations, Theses, and Capstone Projects

Many early studies of globalization hypothesized a withering away of thee nation-state as a significant arena for the production of identity and social regulation. From this perspective the persistence of nationalism and resurgence of neo-racism in Europe have often been seen as a futile rear-guard defense by downwardly mobile classes or class fractions. More recent studies have suggested that rather than fading away, the nation and state have been undergoing a process of re-articulation. However, exactly how the nation and state are being re-articulated, and the implications of this process for our understanding of nationalism and national identity formation, are …

Life After The White House: The Public Post-Presidency And The Development Of Presidential Legacies, Lori Cox Han, Matthew J. Krov

Political Science Faculty Books and Book Chapters

"This chapter considers two distinct yet related issues: First, we examine the role that continuing press coverage of a former president plays in the development of a presidential legacy; and second, we consider the impact of Clinton’s lingering presence in the news media in the first year after he left office and how that has shaped the early phase of his legacy. While the historical rankings and public approval ratings of former presidents can and do shift—sometimes dramatically—in the years after leaving office, news coverage during the first year can be important in setting a tone as to how the …

By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

Articles

Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …

Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini

Articles

This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …

Holding Intellectual Property, Xuan-Thao Nguyen

Articles

The collapse of WorldCom, Inc., exposed a complex web of accounting irregularities. Within that web, recent filings by Dick Thornburgh, WorldCom's Bankruptcy Court Examiner, reveal a different type of scheme that involves the holding of intellectual property. Further scrutinizing the scheme reveals that WorldCom and its tax advisors, KPMG Peat Marwick LLP (KPMG), devised a tax avoidance scheme through the creation of an intellectual property holding company (IP holding company). This type of scheme has been widely and quietly utilized in the last twenty years by many corporations with substantial intellectual property.

Indeed, as state taxing authorities have become more …

Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.

Articles

This essay is a criticism of the Ninth Circuit's en banc decision in Skokomish Indian Tribe v. United States [401 F.3d 979 (9th Cir. 2005]. It finds particular fault with the court's understanding of Indian treaty rights as "something given," and its outlandish conclusion that fishing was not a "primary purpose" of the Stevens treaties.

The article further criticizes the court's treatment of the "continuing nuisance" doctrine that is applied to afford a statute of limitations defense to enterprises that did lasting environmental damage by diverting the entire North Fork of the Skokomish River out of the watershed.

It concludes …

Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan

Articles

For decades, criminal justice officials have based key decisions about a defendant's fate and crime deterrence on a tool deplored by practitioners for its indecipherability and potential for inaccuracy or incompleteness—the rap sheet. Though the Supreme Court's criminal rights evolution progressed late last year to requiring rigor in documenting penalty maximum-enhancing prior convictions, the problem of the rap sheet has received little notice from jurists and scholars because the rap sheet plays its central role in discretionary decision-making areas shielded from scrutiny.[para] The rap sheet is not just a practitioner's problem. The flawing of the rap sheet is a parable …

Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo

Articles

Team physicians for professional sports franchises face a conflict of interest created by the competing loyalties they owe to the team that employs them and to the athlete-patient they must treat. Marketing agreements under which physicians pay significant sums of money to be designated as the team's "official healthcare provider" exacerbate this conflict. These marketing arrangements call into question the independent judgment of team physicians and cause players to question the quality of care they receive.

This paper explores several solutions to the growing conflicts between athletes and team doctors with the goal of enhancing players' trust in the medical …