Digital Commons Network^™

Adjudicating The Right Of Publicity In Three Easy Steps, David M. Schlachter

Journal of Law and Policy

No abstract provided.

A Comparison Of Predicting Vo2max With Two Different Heart Rate Endpoints From A Sub-Maximal Bike Test, Chad C. Shirar

Masters Theses

Obtaining VO2max values can be valuable for both healthy and diseased populations to establish exercise prescriptions, monitor progress, and monitor overall health. Unfortunately, testing procedures to obtain VO2max involve highly skilled technicians, expensive sophisticated equipment, a slight risk to the patient, and more time and more space compared to other fitness tests. The most accurate way to measure maximal oxygen uptake is by analyzing oxygen consumption and carbon dioxide production using closed-circuit gas analysis while the subjects runs or walks on a treadmill or rides a cycle ergometer. The YMCA Submaximal Bicycle Ergometer test was developed to allow the subject …

Incremental Validity Of The Learning Behaviors Scale, Jessica Willenborg

Masters Theses

Previous research on the incremental validity of the Learning Behaviors Scale (LBS; McDermott, Green, Francis, & Stott, 1999) has shown that good learning behaviors were associated with good academic achievement (Schaefer & McDermott, 1999; Yen, Konold, & McDermott, 2004). Additionally, research has indicated that learning behaviors account for appreciable variation in student grades and academic achievement test scores above and beyond the contribution of intelligence (Schaefer, 1996). The present study investigated the influence of cognitive ability and learning behaviors in the prediction of scores from standardized academic achievement tests. Learning behaviors were assessed with the LBS (McDermott et al., 1999) …

Searching For What Was Lost: An Autoethnography On Disclosure, Identity, And Social Construction From A Rape Victim And Survivor's Perspective, Sarah R. Moll

Masters Theses

Research has indicated that rape victims perceive their environment differently, or with a "new reality" after their rape, and their recovery process can be lengthy and traumatic. This auto-ethnography focuses on the recovery process that the author journals, and her transformation from victim to survivor. How are the labels of "victim" and "survivor" important to the rape recovery process? How is the decision to disclose the rape a trust issue? What drives the phases of disclosure development at different communication levels (intrapersonal, interpersonal, group, and public communication)? Once a person has accepted that they were raped and a healing process …

A Diabolical Disneyland In Zion: The Mormons And The Mx, Jacob W. Olmstead

Theses and Dissertations

In September 1979 President Jimmy Carter publicly announced his decision to support the deployment of the MX missile and mobile basing scheme in Utah and Nevada. Despite local opposition and the close proximity of the proposed base to its headquarters, The Church of Jesus Christ of Latter-day Saints (Mormons) remained silent until 5 May 1981, when the First Presidency issued a statement opposing the MX plans. The purpose of this work is to narrate the history of the development of the Mormon position regarding the deployment of MX missile in the Great Basin and evaluate the response to the statement …

The Body Eclectic: Viewing Bodily Modification In David Nebreda, David Houston Jones

Reconstruction: Studies in Contemporary Culture

[First paragraph]

David Nebreda's work presents current thinking on body/performance art with a dilemma. In stretching social prescriptions of the (re)presentable body, it exemplifies a pervasive anxiety concerning bodily modification and the politics of looking, and demands a new theorisation of the body in photographic representation. Autoportraits (2000) depicts a series of visibly emaciated bodies on which wounds are inflicted by knives, cords and flames [1]. The photographs document the strict schedules of discipline to which the bodies are subjected, and sometimes represent the very moment at which practices of bodily modification are executed. It is this subject-matter which threatens …

Review Of The Aesthetics Of Cultural Studies, By Michael Bérubé, 2005, David Banash

Reconstruction: Studies in Contemporary Culture

No abstract provided.

Response To Reviews On A Near Sympathy, Michael Birkel

Quaker Religious Thought

No abstract provided.

A Review Of The Tendering Presence, 2, T. Canby Jones

Quaker Religious Thought

No abstract provided.

Quaker Religious Thought -- Issues 51-100, Susan Jeffers

Quaker Religious Thought

No abstract provided.

Contributors -- Quaker Religious Thought, Nos. 105, Paul Anderson

Quaker Religious Thought

No abstract provided.

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Chris Wright Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).

Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but rather include a normative standard for the copyright rights themselves. In seeking harmony between rights and exceptions, and in light of copyright haphazard evolution (by simply adding new rights when a new way of using protected content was invented), a single new core norm is proposed: the reverse three-step test.

Waging War: Japan's Constitutional Constraints, John O. Haley

Vanderbilt Law School Faculty Publications

Both electoral results and public opinion polls have long revealed what most observers have viewed as a paradox if not a contradiction. By significant majorities, the Japanese people appear to oppose any revision of article 9, but support the SDF and their deployment with legislative sanction. The seemingly antithetical aspects of these views can be reconciled if one accepts the proposition that the public is willing to allow an armed force but only within parameters that are still ill-defined. So long as article 9 remains, the government is constrained by the need for legislative approval and at least potential judicial …

What Is Corporate Law's Place In Promoting Societal Welfare?: An Essay In Honor Of Professor William Klein, Randall Thomas

Vanderbilt Law School Faculty Publications

This is a short essay on what should be the fundamental criterion used to evaluate corporate law. I argue that the overall goal of good corporate law should be to assist private parties to create wealth for themselves and the economy in a manner that does not inflict uncompensated negative externalities upon third parties. Private businesses that produce goods and services should be encouraged by the state because creating greater wealth is generally beneficial to society. Corporate law can act as a helpful precondition for faster economic growth by protecting the parties' expectations, encouraging savings and investment, reducing transaction costs, …

Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit community to impose sanctions for failure to change? Because private individuals and households are now surprisingly large contributors to environmental problems ranging from toxic pollution to climate change, environmental policy makers face compelling examples of these negative-payoff, loose-knit group situations. This Article suggests that internalized personal norms, rather than social norms, are the most important initial target of opportunity for influencing this kind of behavior.

Drawing …

Lifelong Learning For Older Persons In Hong Kong, Sze Sze, Stephanie Hui

Lingnan Theses

Lifelong learning (LL) has been widely regarded as one of the activities that can enhance well-being of the society and benefit older persons in terms of psychological, physical, mental, and cognitive well-being. In foreign countries like the Unites States of America, the United Kingdom, Finland, France, Australia, and also China, LL among older persons had been developed successfully. Hong Kong, in contrast, has no systematic planning for the development of LL even though the aged population is increasing rapidly. This research aims at constructing a LL model for older persons in Hong Kong. The theoretical framework of study focused on …

Older Mothers' Expectations Of Intergenerational Relationships : The Intergenerational Ambivalence Perspective, Sze Wing Yan

Lingnan Theses

With the effects of social changes, family values have changed and tensions and contradictions are probably more likely to occur among family members. According to the intergenerational ambivalence perspective, intergenerational relationships are inherently structured so as to generate ambivalence. Ambivalence means the contradictions in the relationships between older parents and adult children that cannot be reconciled. Individuals are expected to use various strategies in their attempts to manage ambivalence at least temporarily.

Older women, who often have different life experiences than older men given the influence of traditional Chinese culture, are the focus of this research. The present study aims …

Recollection Bias And The Combat Of Terrorism, W. Kip Viscusi, Richard J. Zeckhauser

Vanderbilt Law School Faculty Publications

Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk assessments. More than half of the respondents exhibited what we label "recollection bias": looking backward from 2002, 2003, or 2004, they reported that their forward-looking risk assessments did not rise after September 11. However, government expenditures and policies and evidence from insurance markets suggest that there were major risk increases in estimated risks. Respondents were generally witting to support airplane passenger profiling when the time costs of …

The Statutory President, Kevin M. Stack

Vanderbilt Law School Faculty Publications

American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of judicial review should apply to claims of statutory authority made by the president and federal administrative agencies. This argument rejects the position that the president's constitutional powers should shape the question of statutory interpretation presented when the president claims that a statute authorizes his actions. Once statutory review is separated from consideration of the president's constitutional powers, the courts should insist, as they …

The Civilization Of The Criminal Law, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ago by thinkers such as Barbara Wooton, Sheldon Glueck, and Karl Menninger. These individuals, the first a criminologist, the latter two mental health professionals, envisioned a system that is triggered by an antisocial act but that pays no attention to desert or even to general deterrence. Rather, the sole goal of the system they proposed is individual prevention through assessments of dangerousness and the provision of treatment designed to …

Politics And Judgment, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modern Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. This essay, part of a larger book project with Daniel Farber, provides one explanation of the source of the hostility, defends judicial review against its critics, …

The Meaning Of Value: Assessing Just Compensation For Regulatory Takings, Christopher Serkin

Vanderbilt Law School Faculty Publications

This Article argues that valuing compensation provides just such a window into deeper theories of takings, revealing a host of considerations that map on to specific approaches to takings law. 4 Moreover, compensation rules properly applied can advance the substantive goals of various takings regimes. At the least, since the range of monetary values that can be assigned to takings claims corresponds to diverse social values, compensation rules should be applied consistently with core constitutional values. This Article therefore argues that the adequacy of compensation cannot be determined in the abstract but must rather be judged by how effectively a …

Physical And Behavioral Complaints In Children With Attention-Deficit/Hyperactivity Disorder (Adhd): Paradoxical Effects Of Methylphenidate, Maria M. Coiro

Electronic Theses and Dissertations

Hypotheses concerning paradoxical, psychostimulant-related side effects experienced by ADHD children were examined in the context of a double-blind, placebo-controlled, within subject (crossover) experimental design. Results revealed that behavioral and physical complaints were significantly higher under baseline relative to placebo and the four methylphenidate (MPH) conditions (5-mg, 10-mg, 15-mg, 20-mg) across three symptom categories: ADHD core/secondary symptoms, symptoms common to all children, and symptoms highly specific to MPH. No significant differences were found among active drug conditions. Implications of these findings for assessing and monitoring potential treatment emergent symptoms in children are discussed.

Victim Participation In The Criminal Process, Erin O'Connor

Vanderbilt Law School Faculty Publications

This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming and will continue to be a reality of our criminal justice process. Too often law professors feel content to dogmatically insist that crimes are wrongs committed against the public rather than an individual and that, therefore, victim involvement in criminal cases beyond the potential witness capacity is inappropriate.' 8 Contrary to their assertions, however, victims have been involved in the disposition of criminal cases for much …

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The United States Courts Of Appeals, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. Courts of Appeal by using insights drawn from law and economics (i.e., selection theory), political science (i.e., attitudinal theory and new institutionalism), and cognitive psychology (i.e., heuristics and biases, including the status quo and omission biases).

Constructing Reality: Social Science And Race Cases, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. Board of Education and Grutter v. Bollinger all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must understand the nature of the societies that they attempt to persuade and the language that leads judges to change their ways of thinking. In the early 21st century, the language of persuasion is often the language of social science.

Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King

Vanderbilt Law School Faculty Publications

Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines sentence that would otherwise apply to the defendant's conduct, as well as statutes that authorize a sentence lower than the minimum Guidelines sentence that would otherwise apply ("safety valve," "substantial assistance," and Rule 35 reductions). By creating these additional provisions and then removing any effective judicial oversight of their application, Congress has expanded the opportunities for prosecutors to decide when to opt out of the national Guidelines and when to abide …

Specters Of The Subaltern : A Critique Of Representations Of Rural Women In Contemporary China, Tsui Sit

Lingnan Theses

China has speeded up modernization since the reform and open-door policy was introduced in 1978. After accession to the World Trade Organization in 1999, China has been further incorporated into the global track. The national policy of economic development requires a continuing exploitation of natural resources and intensive labor from the rural sector, and over the last few decades, there has been a ceaseless wave of rural women going to the cities and working mainly as assembly-line workers, domestic helpers and sex workers.

Developing a subaltern and feminist perspective, this thesis examines representations of rural women in academic research and …

Approaching South Asians In Hong Kong, Hung Mui Sung

Lingnan Theses

"South Asians" is usually an inclusive term to refer to ethnic minorities originating from countries like India, Pakistan, Bangladesh, Nepal and Sri Lanka. Despite the apparent concern with “South Asians” in Hong Kong society in recent years, such as pushing for legislation against racial discrimination and initiating social and educational programmes to help these minorities to better integrate into Hong Kong society, attention to irreducible cultural differences constituting their heterogeneity is still largely lacking.

The thesis intends to take up the question of the South Asian minorities in the context of post-1997 Hong Kong. By looking at their everyday struggles …