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Local Norms For Deaf And Hard-Of-Hearing Students, Kecia A. Boncek

Theses

Deafness is a low incident disability and therefore deaf children are frequently not included in the norm group of norm-referenced tests (Braden, 1994). The necessity of local norms is an ongoing debate among professionals who assess deaf children (Braden, 2005). This study evaluated the utility of local norms for three different intelligence tests. One sample t-tests were run to determine significance differences between means for a deaf and hard-of-hearing sample compared to the norm group, for the Differential Ability Scales (DAS), Universal Nonverbal Intelligence Test (UNIT), and the Wechsler Intelligence Scale for Children-Third Edition (WISC-III). Verbal cluster and Word Definition …

Public Policy And Technology: Advancing Civilization At The Expense Of Individual Privacy, Aaron D. Sanders

Theses

Technological advances have created a new existence, providing an unforeseen level of interaction and transaction between parties that have never physically met. Preliminary thinking was that these advances would create a previously unimaginable level of privacy and anonymity. While a surface examination suggests an abundance of privacy in modern society, a more thorough examination reveals different results. Advances in technology and changes in public policy have produced a world in which a startling amount of information is available regarding a given individual. Rather than experiencing an increase in individual privacy, modern societies suffer from rapidly decreasing individual privacy.

The Relationship Of Missional Outreach To United Methodist Church Growth In The Central Appalachian Region, 1990-2005, Carol D. Crawford

ATS Dissertations

No abstract provided.

Exploring The Missional Potential Of International Churches : A Case Study Of Capital City Baptist Church, Mexico City, Ernest Eugene Klassen

ATS Dissertations

No abstract provided.

The Mainstream Press: Then And Now Has The Prominence Of Sensational News Changed In 100 Years?, Kathleen Marchaesi

Theses

The present research explores the levels of sensational news reporting in three distinct periods of journalism history by examining the largest mainstream newspaper in America, The New York Times, during the yellow journalism, jazz journalism and modern eras. The front pages of a representative sample of the newspaper were analyzed to determine the extent to which prominence of sensational news topics in the modern press differs from that of the yellow and jazz eras. The style of sensational reporting was examined to determine if the treatment of news has changed. The results of a content analysis indicate that readers are …

The Digital Vat (D-Vat), Richard Thompson Ainsworth

Faculty Scholarship

The most sustained U.S. tax policy debate of the past 30 years concerns proposals to replace and/ or supplement the Federal Income Tax with a consumption tax. Public finance economists and legal tax policy scholars challenged and defended the current income tax system on grounds of fairness, efficiency, and simplicity.

This debate over revamping the national taxing scheme has not been argued purely in the academic forum. Concrete legislative proposals have been advanced for a national retail sales tax, a European-style Value Added Tax, as well as a whole host of what David Bradford calls "the two-tiered consumption taxes."

From …

Foreword: Globe-Hopping Pharmaceuticals, Frances H. Miller

Faculty Scholarship

No abstract provided.

Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue

All Faculty Publications

This essay explores the role of the organized legal profession in relation to British Imperialism, state formation, and independence in Nigeria. Drawing on recent works in the fields of post-colonial legal studies and cultural histories of legal professions, the paper develops an understanding of lawyering and lawyers' associations as deeply implicated in the myriad cultural projects through which law simultaneously 'civilizes' provincials and mediates between centre and locale. The paper reviews new developments in theories of legal professionalism and surveys secondary literatures of lawyers in colonial processes. It assesses the historical processes linking imperialism, law, and lawyers from the establishment …

The Procedural Soft Law Of International Arbitration, William W. Park

Faculty Scholarship

The conference organizers set me the daunting task of exploring arbitration's “non-national instruments,” which is to say the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings. Frequently these procedural standards build on the lore of international dispute resolution as memorialized in articles, treatises and learned symposium papers. These guidelines represent what might be called “soft law,” in distinction to the harder norms imposed by arbitration statutes and treaties, as well as the procedural framework adopted by the parties through choice of pre-established arbitration rules.

The growth of procedural …

Consolidating Pharmaceutical Regulation Down Under: Policy Options And Practical Realities, Frances H. Miller

Faculty Scholarship

Pharmaceutical regulatory agencies struggle worldwide to maintain public trust these days. Drug safety issues proliferate,' the costs of lharmaceuticals take increasingly larger shares of most countries' health service spending, and conflicts of interest afflicting the drug approval and marketing processes capture more and more public attention. The Australian and New Zealand governments are keenly aware of these problems, and have been attempting to forge a regulatory alliance to combine their respective pharmaceutical regulatory agencies, Australia's Therapeutic Goods Administration (TGA) and New Zealand's Medicines and Medical Devices Safety Authority (Medsafe), into the pending Trans Tasman Therapeutic Products Authority (ANZTPA, or TPA). …

Relationship Of Human Figure Drawing With Executive Functioning And Achievement, Julie M. Miller

Theses

The purpose of the study was to investigate the relationship between aspects of children’s human figure drawings to their executive functioning and academic achievement. Participants consisted of 80 third and fourth graders, ages 8 to 10 years, along with their parents. Correlational analysis showed no relationship between the developmental scoring of the Goodenough-Harris or Koppitz with measures of executive functioning, as measured by the Behavior Rating Inventory of Executive Functioning (BRIEF; Gioia, Isquith, Guy, & Kenworthy, 2000) and the Cognitive Assessment System (CAS; Naglieri & Das, 1997). However, Koppitz’s emotional indicators were significantly correlated with all aspects of BRIEF and …

0747: Robert C. Shank Collection, 1937-1992, Marshall University Special Collections

Guides to Manuscript Collections

Scrapbooks of activities of the Huntington, W. Va., Community Players; movie posters; some books.

Application Of Shifted Delta Cepstral Features For Gmm Language Identification, Jonathan Lareau

Theses

Spoken language identifcation (LID) in telephone speech signals is an important and difficult classification task. Language identifcation modules can be used as front end signal routers for multilanguage speech recognition or transcription devices. Gaussian Mixture Models (GMM's) can be utilized to effectively model the distribution of feature vectors present in speech signals for classification. Common feature vectors used for speech processing include Linear Prediction (LP-CC), Mel-Frequency (MF-CC), and Perceptual Linear Prediction derived Cepstral coefficients (PLP-CC). This thesis compares and examines the recently proposed type of feature vector called the Shifted Delta Cepstral (SDC) coefficients. Utilization of the Shifted Delta Cepstral …

Implementation Of Image Processing Approach To Translation Of Asl Finger-Spelling To Digital Text, Divya Mandloi

Theses

This thesis describes the ongoing development of an image processing technique for the translation of American Sign Language (ASL) finger-spelling to text. The present analysis is the phase one of a broader project, the Sign2 Project, which is focused on a complete technological approach to the translation of ASL to digital audio and/or text. The methodology adopted in this analysis employs a gray-scale image processing technique to convert the American Sign Language finger-spelling to text. It attempts to process static images of the subject considered, and then matches them to a statistical database of pre-processed images to ultimately recognize the …

Mentoring In The Department Of Access Services At The National Technical Institute For The Deaf, Gayle Macias

Theses

Not provided.

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Vanishing Trials: An English Perspective, Robert Dingwall, Emilie Cloatre

Journal of Dispute Resolution

This paper reviews the recent history of civil litigation in England and Wales. While previous work by Professor Kritzer has shown an absolute decline in trials over the last fifty years, with some fluctuation around this trend, this comment suggests that this may now have bottomed out. Given the evidence of a simultaneous, and continuing, decline in the number of claims filed, it may even be the case that trials are, at least temporarily, playing a larger part in the civil justice system than they have for many years. In contrast to the experience in the U.S., these changes seem …

Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider

Journal of Dispute Resolution

The focus of this brief essay is to first outline some of the factors leading to increasing judicialization on the international level where public disputes (disputes between countries) are increasingly resolved by a neutral third party. In some cases, this increased judicialization includes arbitration (which we might put under the category of ADR in the U.S.). However, the use of arbitration at the international level is not ADR as we would define it in the U.S., since the important element at the international level is that the decision-making power is handed over to a third party-whether we call that a …

How Much Justice Can We Afford: Defining The Courts' Roles And Deciding The Appropriate Number Of Trials, Settlement Signals, And Other Elements Needed To Administer Justice, John Lande

Journal of Dispute Resolution

This article discusses how the court system can function optimally given declining trial rates and the limited resources available. It does not provide a detailed analysis of court financing but rather discusses broad issues relating to the role of trials in the legal system.

Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring

Journal of Dispute Resolution

Our focus in this paper is the impact of these trends on legal education, especially professional legal education. What is undeniable is that lawyers (and judges) are more and more involved in legal tasks which are not related to trials. This does not necessarily mean that the practice of law is focused exclusively on settlement activities, although such activities are increasingly important. Pre-trial processes and procedures including motions, discovery and mandatory settlement conferences take up more time than ever before. Lawyers are playing a different role, offering different kinds of service to their clients, and performing different tasks

How Far Is Too Far: Reexamining The Continuing Extension Of Arbitral Immunity To Arbitral Organizations, Elizabeth Wilhelmi

Journal of Dispute Resolution

The protection of arbitration proceedings from judicial inquiry is restricted not only by the limited grounds for vacatur, but also by the application of arbitral immunity, a protection derived from the judicial immunity applied to judges. This immunity strengthens the finality of arbitration by restricting judicial review of decisions protected by arbitral immunity, but at the same time, it raises the question of whether courts should give arbitration the same broad immunity that protects judges. Despite the differences between arbitration and the judicial system, the courts have applied arbitral immunity to the arbitrator's acts in the same way as they …

The Bender Ii And Its Relationship With Executive Functioning And Academics, Katharine A. Warsinske

Theses

The Bender-Gestalt Test and tests of executive functioning have been linked to academic achievement. The purpose of this study was to examine the validity of the Bender II as compared to Koppitz's Developmental Scoring System (DSS), as well as to determine the relationship between the Bender II and executive functioning. A total of 82 children participated in this study. A significant correlation was found between the DSS and the Bender II, with the Bender II mean approximately 10 standard score points higher than the DSS. The Bender II was also significantly correlated with more scales on the BRIEF than the …

The Work Of Fred Troller: An Evaluative Study Of A Graphic Designer, Tara Markert

Theses

This thesis will provide a process to help graphic design scholars and historians conduct an evaluation of a designer whose work has been rarely documented within a specific design style. Through implementation of this model of research and evaluation, graphic design scholars will not only be able to identify that designer's philosophy and personal style, they will also recognize the value of studying within a specific style of graphic design. This evaluation process includes placing the work of the rarely documented designer beside the work of pioneers in this stylistic idiom in order to highlight similarities of thought, process, form …

Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Albert Yoon, Tom Baker

Vanderbilt Law Review

Although their express purpose is to adjudicate disputes, courts by their institutional design encourage civil litigants to settle their differences without resorting to trial. Most civil systems impose filing fees, pleading requirements, and a highly formalized presentation of evidence; also, because of crowded civil dockets, courts typically require litigants to wait months, or even years, for their trial date.' For these reasons, and because of the increasing costs of legal representation, it is not surprising that the majority of litigants settle before trial. Notwithstanding these measures, federal courts and most state courts have an additional mechanism to encourage settlement, generally …

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentence Discounts, Nancy A. Combs

Vanderbilt Law Review

Approximately 90 percent of all American criminal cases are disposed of by means of guilty pleas, and a large percentage of defendants brought before courts in England, Australia, and other countries that use common-law procedures likewise plead guilty. Why do substantial numbers of defendants in national criminal justice systems choose to convict themselves when they are entitled to have their guilt formally adjudicated? The widely accepted primary reason is that they receive sentencing discounts when they choose to selfconvict. Most defendants charged with domestic crimes plead guilty following a process of plea bargaining between defense counsel and prosecutors. Although plea …

Influence Of Teacher Immediacy On Student Evaluations Of Teachers In American And Chinese Classrooms, Wenli Gao

Theses

This study investigated student perspectives on teacher immediacy in American and Chinese classrooms, and the correlation between immediacy and teacher evaluation. Specific immediacy behaviors that are most associated with teacher evaluation among American and Chinese students were also examined. Two hundred seventy-seven university students responded to instruments designed to measure teacher immediacy and teacher evaluation. Chinese students perceived a lower amount of instructor nonverbal immediacy than American students, but there is no significant difference between the two groups on verbal immediacy. Significant positive correlations were found between teacher immediacy and teacher evaluation in both groups. Praising students' work and soliciting …

Hunger Strikes At Guantanamo: Medical Ethics And Human Rights In A “Legal Black Hole”, George J. Annas

Faculty Scholarship

Being Human, a collection of readings assembled by President George W. Bush's Council on Bioethics, contains a powerful description of the force-feeding of Soviet political prisoner Vladimir Bukovsky, who was on a hunger strike to protest the refusal of prison authorities to provide a lawyer for a fellow inmate who was awaiting trial:

They started feeding me forcibly through the nostril. By a rather thick rubber tube with a metal end on it. . . . The procedure will be that four or five KGB guys will come to my cell, take me to a medical unit, put a straitjacket …

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Patent Buy-Outs For Global Disease Innovations For Low- And Middle-Income Countries, Kevin Outterson

Faculty Scholarship

Drug prices are uniquely susceptible to radical price reductions through generic competition. Patented pharmaceuticals may be priced at more than 30 times the marginal cost of production; the excess is the patent rent collected by the drug company while the patent and exclusive marketing periods remain. Patent rents are significant. AIDS drugs which sell for US$10,000 per person per year in the US are sold generically for less than US$200. If patented drugs could be sold at the marginal cost of production, cost effective treatments would become even more attractive, and other interventions would become affordable.

This Article proposes marginal …

Our Law, Their Law, History, And The Citation Of Foreign Law, David J. Seipp

Faculty Scholarship

The objection to citation of foreign law in U.S. Supreme Court decisions is bad history and bad law. First, let me briefly review how the objection has come to prominence recently. On June 26, 2003, the U.S. Supreme Court decided Lawrence v. Texas, striking down a same-sex sodomy statute. Justice Antonin Scalia, in the course of his dissenting opinion, wrote that the majority's citation of foreign law was "meaningless dicta," "[d]angerous dicta."' He added that the majority's opinion was "the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda."