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2005

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The Proven Key: Roles And Rules For Dictionaries At The Patent Office And The Courts, Joseph Scott Miller, James A. Hilsentege Jan 2005

The Proven Key: Roles And Rules For Dictionaries At The Patent Office And The Courts, Joseph Scott Miller, James A. Hilsentege

American University Law Review

No abstract provided.


Seeking Life Balance: The Perceptions Of Health Of Cambodian Women In Resettlement, Olivia Catolico Phd, Msn Jan 2005

Seeking Life Balance: The Perceptions Of Health Of Cambodian Women In Resettlement, Olivia Catolico Phd, Msn

Dissertations

This grounded theory study was an inquiry into the perceptions of health of Cambodian women in resettlement and the conditions that influenced their perceptions. Few studies of Cambodian women who escaped political conflict exist. Cambodian women were among the waves of Southeast Asian refugees who have resettled in the United States. The sequelae of significant life trauma upon the health of Cambodian women in resettlement have received little attention in the nursing literature. There is less information about their perceptions of health in resettlement as their beliefs about health and illness causation contrast with those of Western health care providers. …


Mr. Justice Posner? Unpacking The Statistics, Stephen J. Choi, Mitu Gulati Jan 2005

Mr. Justice Posner? Unpacking The Statistics, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

No abstract provided.


Judging The Law Of Politics, Guy-Uriel Charles Jan 2005

Judging The Law Of Politics, Guy-Uriel Charles

Faculty Scholarship

In this Review Essay I explore the rights-structure debate that has captivated the attention of election law scholars. The Essay juxtaposes the recent work of a leading individualist Professor Richard Hasen's new book, "The Supreme Court and Election Law," against the recent work of a leading structuralist, Professor Richard Pildes' recent Foreword to the Harvard Law Review. I argue that even though the rights-structure debate produces much heat, it does not significantly advance the goal of understanding and evaluating the role of the Court in democratic politics. I aim to return election law to a dualistic understanding of the relationship …


Secondary Mathematics Teachers' Perceptions Of The Achievement Gap, Linda Bol, Robert Q. Berry Iii Jan 2005

Secondary Mathematics Teachers' Perceptions Of The Achievement Gap, Linda Bol, Robert Q. Berry Iii

Educational Leadership & Workforce Development Faculty Publications

The purpose of this study was to survey the perceptions of secondary mathematics teachers on factors contributing to the achievement gap and ways to reduce this gap. National Council of the Teachers of Mathematics (NCTM) members were surveyed, and a total of 379 secondary teachers responded. Overall, respondents were most likely to attribute the achievement gap to student characteristics, such as differences in motivational levels, work ethic, and family support. Furthermore, teachers from schools with a higher population of White students were more likely to attribute the gap to student characteristics than were teachers in schools with higher percentages of …


Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg Jan 2005

Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg

Faculty & Staff Scholarship

No abstract provided.


Have We Come An This Way For Birth Or Death? Liturgical Music As Prophetic Ministry, Kathleen Harmon Jan 2005

Have We Come An This Way For Birth Or Death? Liturgical Music As Prophetic Ministry, Kathleen Harmon

Institute of Liturgical Studies Occasional Papers

(Excerpt)

The prophet announces to the world what must die in order that the Kingdom of God be born. In its very doing liturgical music participates in this death-resurrection mystery which lies at the core of Christian identity and mission. How does liturgical music participate in the prophetic mission of the church? How can we in our ministry of music making be faithful to this mission?


The Representation Of Race In Composition Studies And Stories, Carole Eileen Center Jan 2005

The Representation Of Race In Composition Studies And Stories, Carole Eileen Center

Open Access Dissertations

Nonwhite students have limited access to and limited success in graduating from US institutions of higher education. First-year required composition courses and other writing requirements can act as barriers to college matriculation. Yet composition studies, which has as its focus writing students and student writing, has yet to commit to a thorough examination of all the factors that affect the experience of nonwhite students in composition classes. In order to engage in inquiry into the difference that race makes in students' classroom experiences, composition teacher-researchers must represent the race of those involved in classroom scenes because, as race studies (whiteness …


Omaha Metals, Coinage, And Syntax: Outside Influence?, Rory Larson Jan 2005

Omaha Metals, Coinage, And Syntax: Outside Influence?, Rory Larson

Nebraska Anthropologist

A study of acculturation terms for metals and money in Omaha and some of the neighboring native languages related to it sheds light upon the historical circumstances in which these terms were coined


Art Interpretation: Constructing Meaning Through Poetic And Non-Verbal Responses., Lori A. Mcpherson Jan 2005

Art Interpretation: Constructing Meaning Through Poetic And Non-Verbal Responses., Lori A. Mcpherson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Critical inquiry and personal response models with regard to art interpretation are composed of many forms of activities and response exercises that are both poetic and non-verbal. Students have been responding to art using critical inquiry, but there has been relatively nothing written in regard to poetic expression and non-verbal responding in the teaching of art interpretation. This project will discuss how a poetic model (the use of figurative language to form ideas about constructing personal meaning in a work of art) and a non-verbal model (creating a visual response to exemplify meaning) work together in the construction of meaning. …


The Integration Of Spiritual And Religious Issues In Racial-Cultural Psychology And Counseling., Timothy B. Smith, P Scott Richards Jan 2005

The Integration Of Spiritual And Religious Issues In Racial-Cultural Psychology And Counseling., Timothy B. Smith, P Scott Richards

Faculty Publications

A new movement has begun. Spirituality and religion are being integrated into racial-cultural psychology and counseling. This chapter will review the literature that is the basis of that movement. We first describe the historical forces alluded to by Trimble (2000) that until only recently have minimized the relevance of religion and spirituality to psychological research and practice. We then summarize the potential benefits and concerns about incorporating spiritual and religious perspectives into research and practice that have been suggested in publications of the past 30 years. To demonstrate that religion and spirituality are central to racial-cultural psychology and counseling, literature …


Recognition Of Affective Prosody By Speakers Of English As A First Or Foreign Language, Christopher Dromey, Jose Silveira, Paul Sandor Jan 2005

Recognition Of Affective Prosody By Speakers Of English As A First Or Foreign Language, Christopher Dromey, Jose Silveira, Paul Sandor

Faculty Publications

Adults who were fluent in English, and who grew up speaking English or one of 21 other languages listened to words spoken with angry or neutral intonation. We measured the accuracy with which the listeners identified the intended emotion. English mother tongue (EMT) polyglots scored higher than other mother tongue (OMT) listeners, whereas EMT monoglots did not. Women were significantly more accurate than men across the three listener groups. There was a modest inverse correlation between accuracy and age. The learning of a second language may have helped the EMT polyglots develop additional perceptual skills in decoding speech emotion in …


Lift Every Voice: African American Students' Beliefs Of Their School Climate., Constinia Charbonnette Jan 2005

Lift Every Voice: African American Students' Beliefs Of Their School Climate., Constinia Charbonnette

Graduate Theses, Dissertations, and Problem Reports (ETD)

The general purposes of this study were three-fold. The first purpose was to gain an in-depth understanding of West Virginia African American students’ beliefs of their overall school climate. The second purpose of this study was to examine African American students’ beliefs of factors that may positively and negatively affect their academic achievement. Last, the third purpose was to examine participants’ beliefs of high and low achieving African American students. A purposeful sample of 151 secondary students (grades 9-12); in eight West Virginia counties were surveyed and interviewed, using the Generalized Belief Measurement instrument and focus group interviews. Findings from …


Impact Of The West Virginia University Student Support Services /Trio Program From 1998-2004., Barbara Copenhaver Bailey Jan 2005

Impact Of The West Virginia University Student Support Services /Trio Program From 1998-2004., Barbara Copenhaver Bailey

Graduate Theses, Dissertations, and Problem Reports (ETD)

Institutions of higher education are facing more challenges today than ever regarding student retention and graduation rates. Graduation rates in higher education have been declining over the past several years. Because of this, many institutions are becoming increasingly interested in the needs of special populations in an effort to retain them at higher rates. One of these special populations is first-generation, low-income college students. The federal TRIO grant, Student Support Services (SSS) program is funded by the United States Department of Education to serve this population to increase their graduation rates. The purpose of this study was to examine the …


Para-Verbal Avoidance During Public Speaking: The Relationship Between Self -Disclosure And Social Anxiety., Michael F. Detweiler Jan 2005

Para-Verbal Avoidance During Public Speaking: The Relationship Between Self -Disclosure And Social Anxiety., Michael F. Detweiler

Graduate Theses, Dissertations, and Problem Reports (ETD)

Unlike dyadic conversation where the social burden of conversation can be shared, the quantity and quality of speech produced during a public speaking challenge is primarily dependent upon the speaker. This study examined whether differences in disclosure patterns reflect a form of subtle avoidance during public speaking challenges. Termed para-verbal avoidance, it was hypothesized individuals with increased anxiety would refrain from talking about themselves for fear of revealing potentially embarrassing personal information. Also, it was proposed individuals with increased anxiety would avoid discussing subjective information, as it can be debated by others and used as the basis for forming a …


A Study Of Assessment Policies And Practices Of Directors In Pre-Kindergarten Programs In West Virginia., Janet Dozier Jan 2005

A Study Of Assessment Policies And Practices Of Directors In Pre-Kindergarten Programs In West Virginia., Janet Dozier

Graduate Theses, Dissertations, and Problem Reports (ETD)

As education for young children becomes more standards-based there has been a cry for more assessments. Developmentally appropriate assessment for young children has been defined by the twelve guidelines developed by the National Association for Young Children. The purpose of this study was done by surveying the 440 pre-kindergarten program directors in West Virginia regarding his/her perception of importance and implementation of those national assessment guidelines and followed by ten structured interviews of directors across the program descriptions. The study found the implementations of guidelines to be positively correlated to the director's perception of importance. Further it found that all …


Liberalism And Tort Law: On The Content And Economic Efficiency Of A Liberal Common Law Of Torts, Richard S. Markovits Jan 2005

Liberalism And Tort Law: On The Content And Economic Efficiency Of A Liberal Common Law Of Torts, Richard S. Markovits

Faculty Scholarship

This Article has three parts. Part I begins by delineating the protocol one should use to determine whether a society is an immoral society, an amoral society, a goal-based society of moral integrity, or a rights-based society of moral integrity (i.e., a society that engages in a bifurcated prescriptive-moral practice that strongly distinguishes moral-rights claims (about the just) from moral-ought claims (about the good), that is committed to the lexical priority of the just over the good, and that fulfills its commitments to some hard-to-specify, requisite extent). Part I then proceeds to outline the protocol one should use to determine …


Experiences Of Ethnic Acceptance And Prejudice In English Language Learning: Immigrants' Critical Reflections, Jeffrey T. Labelle Jan 2005

Experiences Of Ethnic Acceptance And Prejudice In English Language Learning: Immigrants' Critical Reflections, Jeffrey T. Labelle

Master's Theses

Digitized thesis


The Political Economy Of International Sales Law, Clayton P. Gillette, Robert E. Scott Jan 2005

The Political Economy Of International Sales Law, Clayton P. Gillette, Robert E. Scott

Faculty Scholarship

The United Nations Convention on Contracts for the International Sale of Goods, or CISG, has been adopted by more than 60 countries in an effort to harmonize the law that applies to international sales contracts. In this paper, we argue that the effort to create uniform international sales law (ISL) fails to supply contracting parties with the default terms they prefer, thus violating the normative criterion that justifies the law-making process for commercial actors in the first instance. Our argument rests on three claims. First, we contend that the process by which uniform ISL is drafted will dictate the form …


Transactional Literature Circles And The Reading Comprehension Of At-Risk English Learners In The Mainstream Classroom, Cheryl Mcelvain Jan 2005

Transactional Literature Circles And The Reading Comprehension Of At-Risk English Learners In The Mainstream Classroom, Cheryl Mcelvain

Master's Theses

Digitized thesis


Buddhas & Bratwurst: Ethical Identity In Global Contexts, Patrick Mcdonnell Jan 2005

Buddhas & Bratwurst: Ethical Identity In Global Contexts, Patrick Mcdonnell

Master's Theses

Digitized thesis


Parent-Child Storytelling During Joint Picture-Book Reading And Relation To Language Scores Of Children With Adhd, Melinda A. Leonard Jan 2005

Parent-Child Storytelling During Joint Picture-Book Reading And Relation To Language Scores Of Children With Adhd, Melinda A. Leonard

University of Kentucky Master's Theses

Three questions were investigated in the current study. First, do children with ADHD have language deficiencies in comparison to non-referred peers? Second, are there diagnostic group differences in parent and child storytelling when interacting in a joint picture-book setting or in parent reported home literacy habits? Third, are these differences related to child language scores? Parents of 25 children with ADHD and 39 comparison children, average age 7 years 6 months, told their children a story based on a wordless picture-book, and children then retold the story to an examiner without using the book. In addition, children made up two …


Mediating Indigenous Identity: Video, Advocacy, And Knowledge In Oaxaca, Mexico, Laurel Catherine Smith Jan 2005

Mediating Indigenous Identity: Video, Advocacy, And Knowledge In Oaxaca, Mexico, Laurel Catherine Smith

University of Kentucky Doctoral Dissertations

In the southern Mexican state of Oaxaca, many indigenous communities further their struggles for greater political and cultural autonomy by working with transnational non-governmental organizations (NGOs). Communication technology (what I call comtech) is increasingly vital to these intersecting socio-spatial relations of activism and advocacy. In this dissertation, I examine how comtech offer indigenous individuals and organizations with the means for visualizing their political-cultural agendas. Approaching the access and use of comtech, especially video technologies, as a partial and situated technoscience, I inquire into how and why these activities reconfigure the production and evaluation of authoritative knowledge about indigenous peoples, places, …


Identity In Evangelical Ukraine: Negotiating Regionalism, Nationalism, And Transnationalism, Esther Grace Long Jan 2005

Identity In Evangelical Ukraine: Negotiating Regionalism, Nationalism, And Transnationalism, Esther Grace Long

University of Kentucky Doctoral Dissertations

This dissertation examines identity formation among evangelical Protestants in contemporary Ukraine. The overarching question is this: how do Ukrainian evangelicals view themselves and their churches in the context of Ukrainian regionalism, Ukrainian nationalism, and religious transnationalism? This question demands a closer look at Ukrainian regional variation, the status of Ukrainian national identity among evangelical practitioners, and the process of religious transnationalism, including how evangelicals perceive the West. This project is primarily based on qualitative research methods carried out over a ten month period. Field methods included participant observation, focus group interviews, and individual interviews. A set of maps produced by …


Expanding Deictic Shift Theory: Person Deixis In Chuck Palahniuk's Fight Club, Anna Laura Bennett Jan 2005

Expanding Deictic Shift Theory: Person Deixis In Chuck Palahniuk's Fight Club, Anna Laura Bennett

University of Kentucky Master's Theses

Deictic shift theory (DST) was developed as a model of the construction and comprehension of all types of fictional narrative. With respect to the participant structures of texts, however, DST researchers have focused their attention on deictic shifts in third-person narratives, leaving first-person narratives unanalyzed from this theoretical perspective. As a result, DST in its present form does not adequately account for the variety of manipulations of a range of perspectives that may be achieved in first-person narratives. Nor has DST been systematically applied to texts whose participant structures undergo extensive reorganization as the result of a surprise ending or …


Statutes That Are Not Static – The Case Of The Apa, Peter L. Strauss Jan 2005

Statutes That Are Not Static – The Case Of The Apa, Peter L. Strauss

Faculty Scholarship

...[T]he lesson of the past two hundred years is that we will do well to be on our guard against all-purpose theoretical solutions to our problems. As lawyers we will do well to be on our guard against any suggestion that, through law, our society can be reformed, purified, or saved. The function of law, in a society like our own, is altogether more modest and less apocalyptic. It is to provide a mechanism for the settlement of disputes in the light of broadly conceived principles on whose soundness, it must be assumed, there is a general consensus among us. …


What Was Old Is New Again: Markedness And Photography, Marie Kennedy Jan 2005

What Was Old Is New Again: Markedness And Photography, Marie Kennedy

Librarian Publications & Presentations

This research applies the linguistic construct of markedness to photography to demonstrate that due to time and technology color photography has changed from the marked to unmarked object within a thirty-year span. A sample of articles from 1940 to 1970 from the weekly photography column in the New York Times was analyzed to trace color photography as it moved from its marked, or out-of-the-ordinary, status to an unmarked, or normal or expected status. Analysis finds that as of 1970 the distinction of the color photograph as ‘new’ was no longer a significant topic in the newspaper column, suggesting …


Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler Jan 2005

Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Research on children and the law has recently renewed its focus on the development of children's ties to law and legal actors. We identify the developmental process through which these relations develop as legal socialization, a process that unfolds during childhood and adolescence as part of a vector of developmental capital that promotes compliance with the law and cooperation with legal actors. In this paper, we show that ties to the law and perceptions of law and legal actors among children and adolescents change over time and age. We show that neighborhood contexts and experiences with legal actors shape the …


Review Of Babel And The Ivory Tower: The Scholar In The Age Of Science By W. David Shaw, W. Bede Mitchell Jan 2005

Review Of Babel And The Ivory Tower: The Scholar In The Age Of Science By W. David Shaw, W. Bede Mitchell

University Libraries: Faculty Publications

This review was published in College and Research Libraries.


Generating Estimates Of Classification Confidence For A Case-Based Spam Filter, Sarah Jane Delany, Padraig Cunningham, Donal Coyle, Anton Zamolotskikh Jan 2005

Generating Estimates Of Classification Confidence For A Case-Based Spam Filter, Sarah Jane Delany, Padraig Cunningham, Donal Coyle, Anton Zamolotskikh

Conference papers

Producing estimates of classification confidence is surprisingly difficult. One might expect that classifiers that can produce numeric classification scores (e.g. k-Nearest Neighbour, Na¨ıve Bayes or Support Vector Machines) could readily produce confidence estimates based on thresholds. In fact, this proves not to be the case, probably because these are not probabilistic classifiers in the strict sense. The numeric scores coming from k-Nearest Neighbour, Na¨ıve Bayes and Support Vector Machine classifiers are not well correlated with classification confidence. In this paper we describe a case-based spam filtering application that would benefit significantly from an ability to attach confidence predictions to positive …