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2005

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Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet Jan 2005

Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet

Publications

This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it-one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, …

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Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang Jan 2005

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

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The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson Jan 2005

The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson

Publications

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents point to …

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A Dangerous Supplement, Daria Roithmayr Jan 2005

A Dangerous Supplement, Daria Roithmayr

Publications

No abstract provided.

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Between Facts And Utopia: Habermas And Benhabib From Deliberative Democracy To Democratic Deficits, Drew Robert Du Bois Jan 2005

Between Facts And Utopia: Habermas And Benhabib From Deliberative Democracy To Democratic Deficits, Drew Robert Du Bois

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar Jan 2005

Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar

Partnerships/Community

What are community representatives saying about the value of community-campus partnerships (CCPs) for promoting economic development? CCPs are playing an increasingly visible role in neighborhood revitalization. More and more, we in the Community Affairs Unit of the Federal Reserve System find ourselves reporting on the outcomes of these collaborations. While community-campus engagements offer potential benefits for both communities and academic institutions, it has become clear to us that there is a shortage of narrative and analytical work clarifying how well these partnerships operate from the community perspective. This paper aims to help fill that gap.

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Childhood Predictive And Protective Factors Of Adult Substance Abuse, Melissa A. Grossman Jan 2005

Childhood Predictive And Protective Factors Of Adult Substance Abuse, Melissa A. Grossman

Masters Theses

Psychological abuse in childhood is believed to have an affect on psychological wellbeing in adulthood, specifically in the area of substance abuse. Following the lead of studies in psychological abuse, substance abuse and protective factors, the present study examined the relationship between childhood psychological abuse and adult substance use, along with the role of protective factors in that relationship. Participants, consisting of college undergraduates, completed a series of measures of family cohesion, bonding, substance use, and psychological maltreatment. Although results did not show a relationship between childhood psychological abuse and adult substance abuse, family cohesion was shown to be related …

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Effects Of Education On Gender Income Inequality In The United States, Jiang Li Jan 2005

Effects Of Education On Gender Income Inequality In The United States, Jiang Li

Masters Theses

This paper examines the relationship between gender income inequality and educational attainment level with reference to the United States (US). The population under consideration is divided into several groups based on their educational levels. Then gender income inequalities are calculated under each educational level. The total educational effect is shown to be composed of three effects. By measuring these effects, it is found that like past studies, more education reduces gender income inequality, but not in every case. Moreover, this paper explores the relative size of each of the component effects within the educational effect.

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The Tootling Intervention: Verbal Vs. Private Reports Of Prosocial Behavior, Jessica Torbeck Jan 2005

The Tootling Intervention: Verbal Vs. Private Reports Of Prosocial Behavior, Jessica Torbeck

Masters Theses

The purpose of this study was to assess the effectiveness of the tooling intervention, developed by Skinner, Skinner, and Cashwell (1998), through the use of verbal versus private reports of peers' prosocial behavior. Previous tootling studies have focused on private reports of prosocial behavior, but verbal reports of prosocial behaviors utilizing the tootling intervention have not been investigated. Two classrooms of 3rd grade students were taught to tootle by either verbally reporting or by privately writing down observed prosocial behaviors of their peers. Both classrooms were reinforced for reaching a desired number of tootles. The results of the current study …

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Agreement Among School Psychologists On Behavioral Function Using Antecedent-Behavior-Consequence Logs As A Functional Behavior Assessment Method, Beth Bourque Jan 2005

Agreement Among School Psychologists On Behavioral Function Using Antecedent-Behavior-Consequence Logs As A Functional Behavior Assessment Method, Beth Bourque

Masters Theses

The purpose of this study was to a) determine if school psychologist hypotheses of behavioral function would be consistent with direct behavioral observation data collected via computer program, b) determine if school psychologists agreed with the teacher's hypotheses on behavioral function, and c) determine if school psychologists agreed with each other on behavioral function based on information from the A-B-C logs. Minimal agreement was found between the computer-based hypotheses and the school psychologist's hypotheses, and between the school psychologists and the teacher hypotheses. Agreement on behavioral function was found in two of the cases among school psychologists.

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Community Mental Health Care In The U.S.: The Impact Of Deinstitutionalization And Assertive Community Treatment, Mariana A. De Oliveira Jan 2005

Community Mental Health Care In The U.S.: The Impact Of Deinstitutionalization And Assertive Community Treatment, Mariana A. De Oliveira

Masters Theses

The current review was designed to provide a better understanding of the present situation of mental health care in the U.S. Therefore, a review of the history of deinstitutionalization of the mentally ill in the U.S. and an exploration of the role of a prominent current model in mental health care, Assertive Community Treatment (ACT) were undertaken. Deinstitutionalization changed the paradigm of mental health care in the country. This process underwent different stages from religious based care, to large stated hospitals and to community care, where it stands now. Research articles on ACT in urban and in rural areas were …

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Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School Jan 2005

Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School

Annual Report

No abstract provided.

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Here's A Tip, Change The Law! Nerva V. United Kingdom, Shawn Tafreshi Jan 2005

Here's A Tip, Change The Law! Nerva V. United Kingdom, Shawn Tafreshi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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The Granite, 2005, University Of New Hampshire Jan 2005

The Granite, 2005, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

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Book Review: "A History Of Modern Yoga: Patanjali And Western Esotericism", Harold Coward Jan 2005

Book Review: "A History Of Modern Yoga: Patanjali And Western Esotericism", Harold Coward

Journal of Hindu-Christian Studies

A review of A History of Modern Yoga: Patanjali and Western Esotericism by Elizabeth De Michelis.

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Value [Encyclopedia Entry], John B. Davis Jan 2005

Value [Encyclopedia Entry], John B. Davis

Economics Faculty Research and Publications

No abstract provided.

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Response To StéPhane Luchini And Miriam Teschl, John B. Davis Jan 2005

Response To StéPhane Luchini And Miriam Teschl, John B. Davis

Economics Faculty Research and Publications

No abstract provided.

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Using Heart Rate Variability To Evaluate Training In Adolescent Swimmers: A Series Of Case Studies, Ann Somerville Jan 2005

Using Heart Rate Variability To Evaluate Training In Adolescent Swimmers: A Series Of Case Studies, Ann Somerville

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Witnessing Interparental Violence As A Child And Adulthood Attitudes Toward Aggression And Violence, Diana E. Marchetti Jan 2005

Witnessing Interparental Violence As A Child And Adulthood Attitudes Toward Aggression And Violence, Diana E. Marchetti

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Emotion Regulation And The Quality Of Romantic Relationship, Makon Fardis Jan 2005

Emotion Regulation And The Quality Of Romantic Relationship, Makon Fardis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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War On Terror Middle-East Peace And A Drive Around The Ranch: The Rhetoric Of Us-Saudi Diplomacy In The Post-911 Period, J. Robert Harper Jan 2005

War On Terror Middle-East Peace And A Drive Around The Ranch: The Rhetoric Of Us-Saudi Diplomacy In The Post-911 Period, J. Robert Harper

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Acceptability Of Social Conditions In Zion National Park: Incorporating Auditory Elements Into A Visual Crowding Research Method, Kara L. Grau Jan 2005

Acceptability Of Social Conditions In Zion National Park: Incorporating Auditory Elements Into A Visual Crowding Research Method, Kara L. Grau

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Community Characteristics And Special Education Enrollment Rates In Montana, Klarissa L. Jensen Jan 2005

Community Characteristics And Special Education Enrollment Rates In Montana, Klarissa L. Jensen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Role Of Recreancy In Predicting Risk Perception: Analysis Of A Conceptual And Operational Discrepancy., Darby A. Kaikkonen Jan 2005

Role Of Recreancy In Predicting Risk Perception: Analysis Of A Conceptual And Operational Discrepancy., Darby A. Kaikkonen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Effects Of Social Contact On The Production Of English /[Upside Down Lower-Case R]/ And /L/ In Japanese Learners Of English, Adam Mastandrea Jan 2005

Effects Of Social Contact On The Production Of English /[Upside Down Lower-Case R]/ And /L/ In Japanese Learners Of English, Adam Mastandrea

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Mind Of A Sadomasocist:A Theatrical Role Analysis Of Orin Scrivello D.D.S, Mark Catlett Jan 2005

The Mind Of A Sadomasocist:A Theatrical Role Analysis Of Orin Scrivello D.D.S, Mark Catlett

Electronic Theses and Dissertations

Mark Catlett will portray the role of Orin Scrivello D.D.S., as well as various other "cameo" roles, at Seaside Music Theater in Daytona Beach, Florida from January 13- February 13 2005. The role of Orin Scrivello will provide me with several acting challenges as well as multiple subjects and themes to research. The most challenging aspect of creating, developing and embodying the character of Orin will be his sadomasochistic nature and his blatant abuse towards Audrey. Sadomasochism is defined as "the deriving of sexual gratification, from being physically or emotionally abused". It is also defined as "a willingness or tendency …

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Designing For A Japanese High-Context Culture: Culture's Influence On The Technical Writer's Visual Rhetoric, Russell Carpenter Jan 2005

Designing For A Japanese High-Context Culture: Culture's Influence On The Technical Writer's Visual Rhetoric, Russell Carpenter

Electronic Theses and Dissertations

This thesis analyzes the challenges technical writers face when designing documents for high-context cultures, such as the Japanese. When developing documents intended to cross cultural gulfs, technical writers must take into consideration cultural expectations, preferences, and practices in document design and communication. High-context cultures, such as Japan, design documents using drastically different design strategies than those used in the United States. Japanese communication habits are more ambiguous than communication in the United States. Thus, the Japanese often use visuals for their aesthetic appeal, not for their ability to complement the text that surrounds the visual. The ambiguous nature of high-context …

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Only Screen Deep? Evaluating Aesthetics, Usability, And Satisfaction In Informational Websites, Carrie Avery Jan 2005

Only Screen Deep? Evaluating Aesthetics, Usability, And Satisfaction In Informational Websites, Carrie Avery

Electronic Theses and Dissertations

This thesis explores the role aesthetics plays in informational websites. In commercial interfaces, aesthetics (the perceived visual appeal and appropriateness of an object) has shown to correlate positively with many aspects of usability and emotional satisfaction. This thesis examines whether aesthetics has similar positive correlations in informational websites. Heuristics or guidelines for evaluating informational websites are developed based on empirical research and practitioner expertise. Categories for heuristic evaluation include usability, credibility, visual clarity, visual richness, and emotional satisfaction. A class of graduate students browsed three academic websites, evaluated them, and critiqued the heuristics. Results indicate that aesthetics does correlate with …

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Negotiating Place: Multiscapes And Negotiation In Haruki Murakami's Norwegian Wood, Kevin Gladding Jan 2005

Negotiating Place: Multiscapes And Negotiation In Haruki Murakami's Norwegian Wood, Kevin Gladding

Electronic Theses and Dissertations

In Murakami's Norwegian Wood, romance and coming-of-age confront the growing trend of postmodernity that leads to a discontinuity of life becoming more and more common in post-war Japan. As the narrator struggles through a monotonous daily existence, the text gives the reader access to the narrator's struggle for self- and societal identity. In the end, he finds his means of self-acceptance through escape, and his escape is a product of his attempts at negotiating the multiple settings or "scapes" in which he finds himself. The thesis follows the narrator through his navigation of these scapes and seeks to examine the …

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Ethnographic Survey Of Contemporary Concepts Of Health And Illness Among Individual Chippewas And Crees, Eli S. Suzukovich Jan 2005

Ethnographic Survey Of Contemporary Concepts Of Health And Illness Among Individual Chippewas And Crees, Eli S. Suzukovich

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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