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Roper V. Simmons And Our Constitution In International Equipoise, Roger P. Alford

Journal Articles

In Roper v. Simmons, the Court unequivocally affirms the use of comparative constitutionalism to interpret the Eighth Amendment. It does not, however, provide an obvious theoretical basis to justify the practice. This Article searches for a theory to explain the comparativism in Roper using the theories advanced in the author's previous scholarship. It concludes that of the colorable candidates, natural law constitutionalism is the most plausible explanation, with the attendant problems associated therewith. The Article concludes with an analysis of the possible ramifications of the Court's comparative approach, suggesting that it may be pursuing a Constitution that is in international …

Family Friendly / Work Life Balance Policies: Perspectives Of Irish Employers And Employees, Caroline Williams

Theses

This study assesses the emergence of family friendly / work life balance arrangements within Irish organisations in view of changing conditions on the labour market, particularly with the increased participation of women. It incorporates the experiences, opinions and commentaries of both Human Resource representatives responsible for the implementation of such practices, and employees availing of them in a broad spectrum of public and private sector organisations.

This research addresses the perceived explicit and implicit barriers, such as organisational size, location and culture which challenge employers and employees in terms of alternative working arrangements. It illustrates the significance of introducing and …

An Investigation Into The Role Of Social Marketing In Preventing Adolescent Drinking., Cian Long

Theses

In recent years, there has been increased concern about the level of alcohol abuse by Irish teenagers. Countless studies have shown that underage drinking is now becoming an epidemic. Up to 100 million young people around the globe are alcohol dependent and another 400 million drink to excess. Research has shown that early onset of alcohol use can lead to alcohol dependency, violence, absenteeism, crime and subsequent health problems. It is estimated that alcohol related problems cost the Irish economy €2.65 billion in 2003. Unfortunately, this alcohol problem is not going to vanish or disappear. Alcohol has become Ireland’s number …

Catalog Denison University 2005-2006

Denison University Catalogs

Denison University Course Catalog 2005-2006

Medical Symptoms Associated With Tobacco Smoking With And Without Marijuana Abuse Among Crack Cocaine-Dependent Patients., Ashwin A. Patkar, Vikas Batra, Paolo Mannelli, Sarah Evers-Casey, Michael J. Vergare, Frank T. Leone

Department of Psychiatry and Human Behavior Faculty Papers

Despite the widespread use of tobacco and marijuana by cocaine abusers, it remains unclear whether combined tobacco and marijuana smoking is more harmful than tobacco smoking alone in cocaine abusers. We investigated the differences in medical symptoms reported among 34 crack cocaine abusers who did not smoke tobacco or marijuana (C), 86 crack cocaine abusers who also smoked tobacco (C + T), and 48 crack abusers who smoked both tobacco and marijuana (C + T + M). Medical symptoms were recorded using a 134-item self-report instrument (MILCOM), and drug use was assessed using the Addiction Severity Index (ASI). After controlling …

Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to challenge these erroneous assumptions, that fault is "no longer an issue" in modem American divorce law, and that a spouse on divorce should not be compensated for his or her non-economic contributions to the marriage and to the well-being of the family.

Fathers' Religious And Family Involvement At Home; And Work And Family Outcomes, Roxane O. Whyte

Theses and Dissertations

This study proposes and confirms two new predictors of work and family outcomes, thus far unexplored in existing work-family literature: fathers' religious involvement at home and fathers' family involvement at home. It is the first study to date to document that these produce a crossover effect to positively influence work-related outcomes including work-family conflict, work-family fit and job satisfaction.
Data come from employed married fathers and their spouses participating in the 2001 BYU Marriott School of Management Alumni Work and Family Survey (n = 210), all members of The Church of Jesus Christ of Latter-day Saints (LDS). Findings are that …

Review Of Key Concepts In Critical Social Theory By Nick Crossley, 2005, Sage, Anne Murphy

Level 3

No abstract provided.

The Experience Of Decision Making In Adolescent Females And Young Women With Mobility Limiting Disorders, Bernice Balzer Allen

Theses and Dissertations

Young women with mobility limiting disorders face many challenges as they move through adolescence into young adulthood. In addition to the challenges of this developmental period, they must consider their disability as they manage their lives. Competent decision making is a foundational skill for self-management and for transition in adulthood. It is also a protective factor for resilience.There is little research on decision making in adolescents with disabilities. Therefore, the purpose of this qualitative study was to explore the decision making experiences of female adolescents and young women with mobility limiting disorders. Theoretical underpinnings for the study included Resilience Theory …

Experimental Navigation And The Creative Process, Teresa A. Engle

Theses and Dissertations

For this creative project, I am exploring alternate methods of navigating urban environments, and ways in which this activity can inspire creativity. This process is intended to create a new awareness of the urban landscape, break out of the prescribed, and to inspire innovation. The range of possibilities for this way of navigating is vast, and part of the challenge of my experience has been defining boundaries, assigning variables, and using strategies for exploration – making my process inherently morphological. I hope that my work here will encourage others to step out of their comfort zone and experience their environment …

Innovative Interventions For Disordered Eating: A Pilot Comparison Between Dissonance-Based And Yoga Interventions, Karen S. Mitchell

Theses and Dissertations

Disordered eating, including bingeing, dieting, purging, and clinical and subclinical forms of anorexia nervosa, bulimia nervosa, and binge eating disorder, is prevalent among college-aged women. To date, few interventions have successfully reduced risk factors related to disordered eating. One promising intervention utilizes principles of cognitive dissonance to reduce thin-ideal internalization among women at risk for eating disorders. Additionally, the benefits of yoga, including increased awareness of bodily processes, offer hope that this practice might reduce disordered eating symptomatology. The current study compared cognitive dissonance and yoga interventions for disordered eating attitudes and behaviors. Hierarchical regression analyses revealed that there were …

Resurrecting The Causal Theory Of The Excuses, Anders Kaye

Nebraska Law Review

This article seeks to resurrect the “causal theory”‘ of the criminal law’s excuses. While the causal theory fits some of our most important and most humane moral intuitions in a way that no other theory of the excuses does, it gets little play in current criminal theory. This article argues that criminal theory should give causal theory a second look.

I. Introduction . . . . . 1117

II. Causal Theory Defined . . . . . 1119

A. The Claims Made by Causal Theory . . . . . 1120

1. The First Claim: The Excuse Accepts a “Causal …

Effects Of Transitive Stimulus Generalization On Within -Sets Generalization And Between -Sets Generalization, Dana S. Siira

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of the study was to examine whether or not within-sets generalization (WSG) and between-sets generalization (BSG) are dependent on transitive stimulus generalization (TSG). A match-to-sample training procedure was used to train four typically developing five-year-old children to select stimuli from set A (fractions in ratio form) in the presence of stimuli from either set B or set C (fractions in picture form). The emergence of TSG, WSG, and BSG then was examined through presentations of stimuli involved in training and stimuli not involved in training.;Participants then were trained on the certain combinations of stimuli that were used to …

Help-Seeking Attitudes In Latino Pentecostals, Genaro J. Adrian

Seton Hall University Dissertations and Theses (ETDs)

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Making Spousal Estate Tax Exemptions Transferable, Mitchell M. Gans, Jonathan G. Blattmachr

Hofstra Law Faculty Scholarship

Under the Internal Revenue Code of 1986, taxpayers are permitted a federal gift tax exemption and an estate tax exemption. Although technically not exemptions but more in the nature of exemption "equivalents" that entitle taxpayers to a credit, each is more easily understood as an exemption. The gift tax exemption, as so understood, is $1 million for each taxpayer and is not scheduled to increase. The estate tax exemption, as also so understood, is $1 million for 2005 and is scheduled to become $2 million in 2006, 2007, and 2008 and reach $3.5 million in 2009. There will be no …

Equality, Objectivity, And Neutrality, Alafair Burke

Hofstra Law Faculty Scholarship

In her recently published book, Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom, Cynthia Lee weaves together an array of case narratives to argue that the concept of reasonableness in self-defense and provocation cases allows majority culture defendants to benefit from jurors' deeply ingrained biases. She makes her case by drawing from three categories of cases: men who claim they were provoked to kill by female infidelity; gay panic cases, in which heterosexual defendants claim self-defense or provocation from unwanted homosexual advances; and racialized fear cases, in which white defendants claim self-defense to justify the killing …

Imaginary Relish And Exquisite Torture: The Elaborated Intrusion Theory Of Desire, David J. Kavanagh, Jackie Andrade, Jon May

School of Psychology

The authors argue that human desire involves conscious cognition that has strong affective connotation and is potentially involved in the determination of appetitive behavior rather than being epiphenomenal to it. Intrusive thoughts about appetitive targets are triggered automatically by external or physiological cues and by cognitive associates. When intrusions elicit significant pleasure or relief, cognitive elaboration usually ensues. Elaboration competes with concurrent cognitive tasks through retrieval of target-related information and its retention in working memory. Sensory images are especially important products of intrusion and elaboration because they simulate the sensory and emotional qualities of target acquisition. Desire images are momentarily …

Weak Links And Scene Cliques In Shakespeare's Plays, M Hudson, J Stiller

School of Psychology

Forms of narrative such as drama allow for the transmission of information to large audiences. The drama therefore has to contain structural elements that are easily accessible to the viewer. The structures of 10 plays by William Shakespeare were studied and shown to exhibit small world properties, in that any node (character) in a network is connected to any other node by only a few intermediate steps. It is suggested that the number of characters that are present within each scene reflect similar numbers to those of observed human support cliques. This might reflect possible cognitive limits, as when there …

An Evaluation Of Desktop Video Conferencing For One-To-One Tutorial Support In Mathematics, Brian Joseph Walker

School of Engineering, Computing and Mathematics Theses

The growth in Flexible and Distributed Learning will, it is believed, lead to a need for a more innovative and flexible approach to the way support is offered to students. This study which was conducted with students at a Further Education College looks at the effectiveness of using Desktop Video Conferencing (DVC) to provide support to students studying mathematics at a number of different levels. The research design adopted the concept of triangulation with three different approaches being used. The first strand of the methodology was the collection of statistical data for all students re-sitting GCSE mathematics to develop a …

Activist Or Automaton: The Institutional Need To Reach A Middle Ground In American Jurisprudence, Richard L. Lavoie

Akron Law Faculty Publications

No abstract provided.

Fact Sheet, Yale University Office Of Institutional Research

Fact Sheets

No abstract provided.

Value [Encyclopedia Entry], John B. Davis

Economics Faculty Research and Publications

No abstract provided.

Certified Registered Nurse Anesthetist Performance And Perceptions: Use Of A Handheld, Computerized, Decision Making Aid During Critical Events In A High-Fidelity Human Simulation Environment, Vicki C. Coopmans

Theses and Dissertations

With the increasing focus on patient safety and human error, understanding how practitioners make decisions during critical incidents is important. Despite the move towards evidence-based practice, research shows that much decision making is based on intuition and heuristics (“rules of thumb”). The purpose of this study was to examine and evaluate the methodologic feasibility of a strategy for comparing traditional cognition versus the use of algorithms programmed on a personal digital assistant (FDA) in the management of unanticipated critical events by certified registered nurse anesthetists (CRNAs).

A combined qualitative-quantitative methodology was utilized. The quantitative element consists of a pilot study …

Mend It Or End It?: The Revised Aba Capital Defense Representation Guidelines As An Opportunity To Reconsider The Death Penalty, Eric M. Freedman

Hofstra Law Faculty Scholarship

The revised edition of the ABA's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" offers a lens through which to consider whether retention of capital punishment is sensible public policy.

A reader of the Guidelines finds that the current death penalty system is characterized by severely impaired clients, pervasive racism, a structural bias in favor of guilty verdicts, less effective counsel than in non-capital cases, and a dysfunctional system of post-conviction review.

No amount of money can solve these problems; at best, sufficient expenditures can ameliorate them. But making even that attempt will be costly …

Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel

Oklahoma Law Review

No abstract provided.

The Gender Gap In Naep Fourth-, Eighth-, And Twelfth-Grade Reading Scores Across The Years 1992-2003, Beverly M. Klecker

Faculty Research at Morehead State University

This paper presents a secondary analysis of the National Assessment of Educational Progress (NAEP) dataset. The study explores differences in the NAEP fourth, eighth, and twelfth grade reading scores by students' gender across the years 1992, 1994, 1998, 2000, 2002, and 2003. The study used the NAEP National Public School data. The statistically significant (p.<.01 with effect size measured by Cohen's d) differences in reading scores by gender were consistent across grade level and years with females scoring higher than males. A discussion of the calculation and reporting of effect size with NAEP data is included as well as implications for the No Child Left Behind goals of "closing the gap." This paper presents the argument that the 'child left behind' in reading is very likely to be male--from elementary school through university.

What's Really In Alaska?, Renata Perri Silberblatt

Honors Papers

It has often been remarked that the writings of early American nature writers have led to current day environmental protection, and individual nature writers (such as John Muir) have long been connected to American environmentalism. In Conserving Words: How American Nature Writers Shaped the Environmental Movement, Daniel J. Philippon points out, "In at least five separate cases, a nature writer was prominently involved in the formation and development of an environmental organization," and goes on to give the examples of Theodore Roosevelt and the Boone and Crockett Club, Mabel Osgood Wright and the National Audubon Society, John Muir and the …

Living Art, Defining Value: Artworks And Mere Real Things, Serge Grigoriev

Contemporary Aesthetics (Journal Archive)

In this essay I examine the conceptual difficulties generated by drawing a distinction between artworks and mere real things. I argue that the distinction is an unfortunate one, requiring for its operation an assumption of possibility of an objective value judgment with regard to aesthetic productions, which, in reality cannot be defensible on purely philosophical grounds. The distinction, in fact, may be useful in describing the interactions between the artworld, qua a cultural institution, and the socio-economic environment in which it is situated; yet, it proves misleading when introduced into discussions about the nature of artworks and the nature of …

Response To Jon Boone's Critique, Yuriko Saito

Contemporary Aesthetics (Journal Archive)

No abstract provided.

The Evolution And Revolutions Of The Networked Art Aesthetic, Jeanne Marie Kusina

Contemporary Aesthetics (Journal Archive)

Mail art, artist books, artist amps, assemblings, experimental and visual poetry, Email art, video, and performance art have all, at various times, been considered members of the loosely configured classification known as "Networked art". Yet the common thread associating these diverse media is not the manner of their production, but rather the dynamic way in which they are distributed throughout artist networks. Emphasizing communication and generosity, Networked artists attempt to subvert conventional systems of exchange while also maintaining an intimacy of expression. I will discuss these qualities and how they often evolve from subtle attempts to undermine an allegedly flawed …