Digital Commons Network^™

The Ethics Of Copyrighting Ethics Rules, Michael S. Ariens

Faculty Articles

The American Bar Association’s (“ABA”) practice of requiring students to purchase the Model Rules of Professional Conduct is exploitative and unethical. The ABA uses its role in training lawyers to create a situation which all but requires law students and bar applicants to purchase the organization’s own Model Rules. The fact that the Model Rules constitute a substantial revenue stream for the ABA is due less to lawyers’ desire to brush up on Model Rules of Professional Conduct, which are not laws, than to the ABA's direct role in approving law schools and its indirect role in licensing lawyers.

Law …

Fattening Foods: Under Products Liability Litigation Is The Big Mac Defective?, Charles E. Cantú

Faculty Articles

Excessive consumption of fast food may produce negative results, but it does not render fast food products, like the McDonald’s Big Mac, defective. While no product is technologically perfect, and any product can cause injury, American jurisprudence has always held purveyors of defective food liable. The question is whether fattening foods, such as the Big Mac, are defective under a strict products liability theory.

The cornerstone of this cause of action requires a product to be defective, which may stem from: (1) mis-manufacturing, where the product enters the stream of commerce in an unintended condition; (2) mis-marketing, where the risks …

Justice Tom C. Clark’S Legacy In The Field Of Legal Ethics, Vincent R. Johnson

Faculty Articles

Justice Tom C. Clark served as this nation’s Attorney General and as a Supreme Court Justice during a pivotal time in this nation’s history; however, his greatest legacy is the tremendous impact he and the Clark Report, whose development he oversaw, has in the area of lawyer discipline and ethics. Prior to the Clark Report, there existed a “scandalous situation” with respect to lawyer discipline; however, in the subsequent decades, revolutionary change has occurred. That change is largely attributable to Justice Clark, whether directly or indirectly, as was found in 1992 by the American Bar Association in its McKay Report. …

Fighting Epidemics With Information And Laws: The Case Of Sars In China (Book Review), Vincent R. Johnson, Brian T. Bagley

Faculty Articles

In Chinese Law on SARS, Chenglin Liu recounts the tale of China’s efforts to cope with the recent SARS epidemic. The outbreak of SARS coincided with the full session of the 10th National People’s Congress, which elected a new Central Government in response to governmental failures in dealing with the crisis. The new government’s “proactive” approach to addressing the epidemic was to enact new legislation, republish an important law, and issue authoritative interpretations of existing criminal law provisions.

Liu offers a savvy analysis of why China’s centralized framework initially impeded the fight against SARS, and discusses the new government’s decisions …

Military Justice At Abu Ghraib, Jeffrey F. Addicott

Faculty Articles

Previous efforts to denigrate the credibility of U.S. war policies in the War on Terror pale in the wake of the prisoner abuse scandal at Abu Ghraib. Photographic evidence of American soldiers abusing detainees created a firestorm of allegations concerning illegal interrogation practices and threatened to derail fundamental legal and policy pillars upon which America conducts the War on Terror. It raised the question of whether the prison abuse reflected a systemic policy to illegally obtain information from detainees or isolated acts of criminal behavior by a handful of soldiers. Thanks to several investigative reports, the legal and policy pillars …

Deterrence And Origin Of Legal System: Evidence From 1950-1999, Michael L. Smith

Faculty Articles

This article offers evidence on legal systems' deterrence of acts that may cause harm, which extends law—and finance—literature comparing common law and civil code systems. Fatality rates from two causes are used to gauge deterrence: (1) motor vehicle accidents and (2) accidents other than motor vehicle. Both vary significantly across countries classified by origin of legal system. The data cover 50 years, offering evidence on evolution of differences over time. Findings for accidents other than motor vehicle are evidence on legal system flexibility, as the diffuse set of causes increases the difficulty of specifying harmful actions ex ante.

Curiouser And Curiouser: Involuntary Medications And Incompetent Criminal Defendants After Sell V. United States, Dora W. Klein

Faculty Articles

The government should not place a defendant to whom it is administering involuntary medications in front of a jury. The test the Supreme Court created in Sell v. United States will likely result in the administration of involuntary medications to incompetent defendants in more than rare instances. Given the importance of the right to a fair trial, and the threat to this right posed by administering involuntary medications, the Supreme Court understandably cautions in its decision in Sell that the instances in which the government will be justified in administering such medications for the purpose of rendering a defendant competent …

Influences On Career Self-Efficacy: Examining Attachment, Anya Elizabeth Moon

Theses and Dissertations

This study examined the influences of attachment style and level of optimism on career self-efficacy. It was hypothesized that level of optimism moderates the relationship between attachment style and career self-efficacy. Participants were 173 college students who completed the Experiences in Close Relationships (ECR; K.A. Brennan, C.L. Clark, & P.R. Shaver, 1998), the Life Orientation Test - Revised (LOT-R; M. Sheier, C. Carver, & M. Bridges, 1994), and the Career Decision-Making Self-Efficacy - Short Form (CDMSE-SF; N. Betz, K. Klein, & K. Taylor, 1996). The moderator model was not supported, but hierarchical regression revealed a positive relationship between optimism and …

Defending Defense: Circular Arguments About Artmaking, Ryan Mulligan

Theses and Dissertations

This paper is a critical look at video and performance arts intrinsic relationship to culture. Investigations of storytelling, personal mythology, fear, and image saturation. Think-pieces on the nature of art in an entertainment society. Juggling a brief overview of various works and their relation to over arching themes of game theory, dark humor, and fascination with media. An in depth look at the process of the thesis show, "Defense is the Best Defense." Multiple takes on the thesis exhibit counterbalance the need for contemporary art to include description. This paper is a detailed look at the process of Ryan Mulligan's …

Assessing The Relationship Between Socioeconomic Variables And Risk Of Overweight Among Children 6 Years Of Age, Marilyn Cochon Batan

Theses and Dissertations

Background: The percentage of overweight children has tripled in the last thirty years. Inconsistent findings are published regarding the relationship between socioeconomic variables and being overweight in childhood.Objective: To determine whether socioeconomic variables are associated with risk of being overweight among six year olds. Methods: Six year olds with BMI data were selected from the National Survey of Children's Health (n=4,362). Variables were coded and a low socioeconomic index was created. Using population weights, descriptive statistics were generated and regression was utilized to assess the relationship between socioeconomic variables and being 'at risk' for overweight. Socioeconomic variables were also compared …

Art From Nature, Linda Jean Huffman Walker

Theses and Dissertations

Seeing beauty in the simplest aspects of nature inspires me to create art as a testament to our world. Being raised on a farm in rural Virginia gave me an appreciation of a reverence for all life. The inherent forms along with color and value establish nature as the master of aesthetics. An early introduction to Japanese art showed me that all nature was worthy and significant as subjects for art. Using materials derived from nature, cotton, linen, wool, silk, adds a tactile quality that I believe elevates the enjoyment of art.

Oral Health Needs Of Virginia Schoolchildren By Hmo Regions, Holly Christel Hall

Theses and Dissertations

Purpose: This study examined differences in oral health status and dental treatment needs by HMO regions in Virginia. Methods: The Division of Dental Health (DDH), Virginia Department of Health (VDH), completed the 1999 Virginia Oral Health Needs Assessment (VSOHNA) with the cooperation of the Virginia Department of Education. The survey used a probability proportional to size (PPS) sample design in selecting school children from public schools in the Commonwealth of Virginia. Surface (DMFS/dfs) and tooth-level (DMFT/dft) data were collected as indicators of dental disease on all children. Child-level data was also recorded for each student consisting of age, race, gender, …

Playing To Learn, John Stanko

Theses and Dissertations

This creative project explores some major issues about visual communication in digital games. The project will continue to address new questions and invite questions from my visual and communication design colleagues. My hope is that, through this document, designers will see digital games like photography was seen around the turn of the century, and movies in the 1950's and 60's. In other words, as a rich new medium that offers creative people a virtually unexplored environment in which to work and create.�

Paragon/Paragone: Raphael's Portrait Of Baldassare Castiglione (1514-16) In The Context Of Il Cortegiano, Margaret Ann Southwick

Theses and Dissertations

This thesis argues that Raphael's portrait, Baldassare Castiglione, is three portraits in one: 1) a "speaking likeness" of the subject, 2) a portrait of the "perfect" courtier, and 3) a "shadow" portrait of the Court of Urbino in the early sixteenth century. The formal analysis of the painting is presented in the context of the paragone of word and image expounded by its subject in his masterpiece, Il Cortegiano. Both author and artist demonstrate the concepts of sprezzatura (an artful artlessness) and grazia (graceful elegance) in the creation of their portraits, as well as avoidance of affetazione (affectation). It is …

The Marinhieros Project: Roseneath Rd & Patterson Ave, Jacqueline H. Crowley

Theses and Dissertations

In questioning the very nature of a thing, at its most basic level, a new assessment can be made of what the thing in question truly is. When we ask ourselves, what is a weed, we begin to pull the word apart - to decrypt the word from the cultural baggage that has collected around it over the course of the history of language.The cultural connotations of 'weed' cling to it like barnacles, removing the word from its true value. We reevaluate meaning, chronicling all the possible constructions of a word, all the possible varieties, where it came from, what …

Addiction And Recovery Experiences Of African American Women: A Phenomenological Study, Patricia Diana Hill

Theses and Dissertations

Historically, substance abuse research has for the most part excluded African American women. The small body of existing substance abuse research regarding African American women does not examine gender and socio-cultural issues from African American women's perspectives. The purpose of this phenomenological study is to develop a deeper, contextual understanding of the experiences and perspectives of this marginalized population of women. The major goal of the study is to examine the perspectives of African American women about their substance abuse, treatment and recovery. The knowledge gained from this research with African American women regarding their experiences and specific needs in …

Magic Mountain, Diana Al-Hadid

Theses and Dissertations

My installations are propositions for an imaginary world that relies on its own internal logic, a world of believability without recognition. While the work references landscape it also emphasizes its contrivance, as it is automatically estranged in an "unnatural" gallery setting. I subvert or de-familiarize the materials and processes that I use in the service of creating a fictitious environment. My places are impossible places. They are irregular, illogical, and unstable. Our imagination can be one of most dangerous things to psychological stability as it is an inventory of all things possible, no matter how irrational or improbable. The irrational …

Searching For The Transatlantic Freedom: The Art Of Valerie Maynard, Karen Berisford Getty

Theses and Dissertations

This thesis focuses on an African-American female artist, Valerie Maynard, examining how she synthesizes African and American elements in her works. It provides detailed formal and iconographical analyses, revealing concealed meanings and paying special attention to those works with which the artist mirrors the Black experience in the United States and Africa on the other side of the Atlantic. In the process, the thesis sheds new light on the significance of Valerie Maynard's work and how she has used some of them to embody the Black quest for freedom and social justice during the Civil Rights struggle of the 1960s …

Design, Fabrication And Performance Evaluation Of An Impedimetric Urea Biosensor System, Vandana Gupta

Theses and Dissertations

An impedance bioanalyzer system comprising an in-vitro biotransducer, instrumentation and control software for the measurement of urea, potentially in blood dialysate, has been developed. The biotransducer comprises of a microlithographically fabricated interdigitated microsensor electrode (IME) onto which was cast a biorecognition layer conferred with the specificity of the enzyme urease. Urease hydrolysis of urea produces NH4+, HC03- and OH- ions that decrease the device's impedance. The temporal rate of change (kinetic) and the extent of change (equilibrium) of ion concentration were measured as the sensor's response. Five formats: [i) unPEGylated urease-containing poly(hydroxyethylmethacrylate) [p(HEMA)] hydrogel, ii) PEGylated urease-containing p(HEMA) hydrogel, iii) …

Age At Sexual Assault And Posttraumatic Stress Disorder In Females Residents Of Virginia, Ahmed Gasmelseed Babiker

Theses and Dissertations

Background Post Traumatic Stress Disorder (PTSD) is a psychiatric debilitating condition that can occur in individuals who experience extremely stressful or traumatic life events. Sexual assault is considered as one of the most traumatic stressor in life. Although few studies investigated the association between history of sexual assault and PTSD, no studies have examined the impact of age at sexual assault on PTSD.Method A cross-sectional telephone survey was conducted among adult female residents of Virginia from November 2002 to February 2003. A total of 1,769 women aged 18 and older were interviewed using a random digit dialing method. Detailed screening …

The Association Between Eating Habits And Hypertension Among African American Women Compared To Other Women, Anike N. Clark

Theses and Dissertations

Background: Hypertension is a major public health concern for African American women. Many studies have shown a greater prevalence of hypertension, as well as physical inactivity, excess weight, and diabetes, in African Americans. Objective: To determine if differences in eating patterns, as measured by Healthy Eating Index (HEI) scores, between African American women and other women in the United States are associated with hypertension. Methods: Data were extracted from the Third National Health and Nutrition Examination Survey (NHANESIII). The sample included 31,189,534 women aged 45 years or greater after survey weights were applied. The majority was White (86.1 %); minority …

Global Discontents, Priyadarshini A. Khatri

Theses and Dissertations

My creative project explores toys as means to express economic issues of globalization. By exploiting the educational and imaginative aspects of toys for adults and children, I intend to reflect on the impact and pressures of globalization on employment, technology and environment. In creating these toys I hope to make a visual statement concerning critical issues of human survival, sustainability and the divisive side of globalization.

Analysis Of The Impact Of A Social Norms Campaign On The Alcohol Use Of Undergraduate Students At A Public, Urban University, Amanda B. Wattenmaker

Theses and Dissertations

Purpose: To conduct a secondary analysis of survey data collected at a large, urban university assessing for change in students' alcohol use perceptions and behaviors between 2002 and 2004. After the baseline data collection in 2002, the campus launched an intensive media intervention to normalize low-risk drinking. Simultaneously, the campus shifted from being a primarily commuter to primarily residential. Methods: This cross-sectional analysis used data collected from students in randomly selected undergraduate classes in February 2002 (n= 662) and 2004 (n=1334). The survey instrument used was the National College Health Assessment. Variables were categorized as demographic, alcohol perception, and alcohol …

We Believe In Nothing, Sarah Bednarek

Theses and Dissertations

A discussion of the important aspects informing my work, including, ideology, and feminism among other issues.

Parental Memory Predictors Of Children's Daily Diabetes Management And Metabolic Control, Sheryl J. Kent

Theses and Dissertations

This study examined, for the first time, specific links between parents' memory and children's diabetes behaviors and metabolic control. Data revealed that parental memory and responsibility predicted children's percentage of calories from fat and carbohydrates, and metabolic control, accounting for 7.3% of the variance in calories from fat and 18.5% of the variance in metabolic control for the total sample. These effects were stronger when limited to dietary behaviors of younger youth; parental memory accounted for 30.3% and 33.6% of the variance in percentage of calories from fat and carbohydrates, respectively, for younger children. Level of parent responsibility, with memory, …

The Predictive Ability Of Specific Questions Related To Symptoms In The Diagnosis Of Endodontic Disease, Boyd Aaron Vaughn

Theses and Dissertations

The purpose of this study was to test the predictive ability of specific questions in diagnosis of pulpal and periradicular disease in a dental school population. 210 patients were recruited to fill out a questionnaire, and undergo a clinical examination for pulpal and/or periradicular disease.The Questionnaire asked if the patient had in the last 6 months: 1. a toothache that kept them up at night 2. a toothache that required pain killers 3. facial swelling caused by a tooth 4. injury to any teeth 5. a broken tooth 6. a tooth darker in color than the surrounding teeth 7. a …

Real Time Frequency Analysis Of Signals From Lasso Catheter For Radiofrequency Ablation During Atrial Fibrillation, Prashant Yadav

Theses and Dissertations

Real time spectrum analysis of signals obtained through lasso catheter during radiofrequency ablation of pulmonary vein was performed to determine the channel with dominant frequency. Threshold algorithm was used for signals which could be classified as type I and type II AF. Type III AF Signals which were highly fractionated or differentiated were evaluated for frequency content by performing Fast Fourier Transform. Data from Seven patients was collected and an episode of 180 ± 40 seconds was recorded and analyzed for each pulmonary vein that showed electrical activation. Frequency spectra for one second segment of signal for each channel were …

Gain-Bandwidth Product Optimization Of Heterostructure Avalanche Photodiodes, Oh-Hyun Kwon, Majeed M. Hayat, Joe C. Campbell, Bahaa E.A. Saleh, Malvin Carl Teich

Electrical and Computer Engineering Faculty Research and Publications

A generalized history-dependent recurrence theory for the time-response analysis is derived for avalanche photodiodes with multilayer, heterojunction multiplication regions. The heterojunction multiplication region considered consists of two layers: a high-bandgap Al/sub 0.6/Ga/sub 0.4/As energy-buildup layer, which serves to heat up the primary electrons, and a GaAs layer, which serves as the primary avalanching layer. The model is used to optimize the gain-bandwidth product (GBP) by appropriate selection of the width of the energy-buildup layer for a given width of the avalanching layer. The enhanced GBP is a direct consequence of the heating of primary electrons in the energy-buildup layer, which …

Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness

Articles

No abstract provided.

Microwave Processing Of Fiber Reinforced Composites (Optimization Of Glass Reinforced Epoxy Curing Process), Mohamed Osama Ali

Theses

Microwave curing of polymer matrix composites has proven to be an attractive substitute for conventional thermal curing. Industrial applications are currently developed including telecommunications, aerospace, food industry, enhancement concrete setting, composites manufacturing, and many others. Many universities and research centers around the globe are endeavoring to make use of this technology to the most. Common research objectives include homogeneity of the cure, the acceleration of cure kinetics, cure reaction mechanism, and enhancement of mechanical properties. In order to efficiently utilize this form of energy, precise control over power, temperature, and time were applied to achieve set goals: reduce cure time …