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2006

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Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira Jan 2006

Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira

Articles by Maurer Faculty

This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise …

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Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman Jan 2006

Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman

Articles by Maurer Faculty

Especially after 1980, our belief in and our use of law to solve societal problems seemed to decline precipitously, well beyond the ebb and flow of political trends and tastes. Beginning in earnest in the 1980s, political discourse increasingly treated law and markets primarily in binary terms. You could have one or the other, but not both. More law meant less markets and vice versa. When it came to choosing between law or markets, the tide clearly had shifted. If injustices in the 1970s were greeted with the slogan "there ought to be a law", that approach to solving problems …

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The Perils Of Defensive Conservation, Robert L. Fischman Jan 2006

The Perils Of Defensive Conservation, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

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Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler Jan 2006

Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler

Articles by Maurer Faculty

One of the most important themes to emerge from the relationship between trade and health in the first ten year's of the WTO's existence is the challenge of achieving policy coherence. This task is a foreign policy challenge for WTO Members, which requires looking at the relationship between trade and health against the backdrop of the making and implementing of foreign policy. Policy coherence has generally become a major concern for foreign policymakers because post-Cold War trends, such as accelerating globalization, seriously challenge traditional foreign policy assumptions, practices, and institutions. Part of this new context for foreign policy involves the …

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De Novo Asymmetric Syntheses Of Biologically Important Natural Products: Phomopsolide D, Phomopsolide E, Milbemycin Beta3 And Apicularen A., Miaosheng Li Jan 2006

De Novo Asymmetric Syntheses Of Biologically Important Natural Products: Phomopsolide D, Phomopsolide E, Milbemycin Beta3 And Apicularen A., Miaosheng Li

Graduate Theses, Dissertations, and Problem Reports (ETD)

De novo asymmetric synthesis is a strategy that uses asymmetric catalysis to construct chiral molecules from achiral starting materials. One of the advantages of this strategy is that we can synthesize numerous stereoisomers (e.g. the enantiomers) of the target natural product for biological testing. Substituted α,β-unsaturated δ-lactones are an important class of natural products with a wide range of biological activity. Many synthetic methodologies have been developed to synthesize this core structure. However, they depended on either performing kinetic resolutions or chiral starting materials (e.g. carbohydrates). We envisioned using catalytic asymmetric catalysis (de novo approach) to synthesize these complex molecules. …

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The Expected Value Of Catastrophes In Underground Coal Mines, 1987-2001., Danrick W. Alexander Jan 2006

The Expected Value Of Catastrophes In Underground Coal Mines, 1987-2001., Danrick W. Alexander

Graduate Theses, Dissertations, and Problem Reports (ETD)

Eighteen fires, explosions, a flood and an explosives blow-out caused catastrophes during the 15 year period from 1987 to 2001 and led to significant interruptions of production. Three of these events were also disasters that caused 5 or more fatalities. The number of catastrophes per year has held steady while the number of mines has decreased. This has led to a doubling of the number of catastrophes per 1000 mine operating years from 0.77 to 1.65. This growing problem is largely unrecognized. Catastrophes are the largest, most costly single property loss events in the underground coal industry. However, because major …

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The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law Jan 2006

The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law

Georgia Law Review

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order to accomplish their goals. Scholars have observed that constitutional arrangements can, by restricting a sovereign's power, enable the sovereign to make such commitments. The opposite, however, can also be true: constitutional arrangements can and do impede sovereign commitment by entrenching inalienable governmental powers and immunities. This Article explores the nature and origins of the commitment problems that sovereigns face, and the role of courts in solving such problems. It begins by setting forth an analytical distinction between effective and persuasive commitments. Effective commitments are made …

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Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake Jan 2006

Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake

Georgia Law Review

Nearly every state requires a patient to prove the existence of a formal physician-patient relationship in order to proceed with a claim for medical malpractice. In the absence of such a relationship, a physician's actions are measured by an ordinary negligence standard instead of the professional standard of care. Because courts have traditionally held that independent medical examinations, such as pre-employment health screenings, do not give rise to formal physician-patient relationships, individuals undergoing these examinations have been prevented from bringing malpractice claims against physicians who fail to disclose important health information detected during the examination. Recently, a small number of …

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Climate Change Litigation: The Federal Common Law Of Interstate Nuisance And Federalism Concerns, Benjamin P. Harper Jan 2006

Climate Change Litigation: The Federal Common Law Of Interstate Nuisance And Federalism Concerns, Benjamin P. Harper

Georgia Law Review

After political efforts have failed to deal with the problem of global climate change, some scholars have encouraged litigation as a possible solution to the problem. The case of Connecticut v. American Electric Power Co. represents one attempt to use the federal courts to combat greenhouse gas emissions. In American Electric eight state attorneys general and New York City sued five large out-of-state power companies for carbon dioxide emissions, basing the case on the federal common law theory of interstate public nuisance. This Note discusses the appropriateness of the interstate public nuisance theory and the obstacles to climate change litigation. …

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Constitutional Norms In A State Of Permanent Emergency, Sanford Levinson Jan 2006

Constitutional Norms In A State Of Permanent Emergency, Sanford Levinson

Georgia Law Review

Perhaps the most important constitutional issue of our time involves claims by the President to exercise power sufficient to confront ostensible 'emergencies" faced by the United States. One question is whether the Constitution grants the President sufficient powers. If not, are presidents justified in going 'beyond the Constitution"in order to do what they believe necessary in the given context? Professor Levinson demonstrates that debates about "emergency powers" have been a feature of our political system almost from its beginning. Many of those deemed our "greatest" presidents-Jefferson, Lincoln, and Franklin Roosevelt-have acted in questionable ways with regard to what might legitimately …

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The Swift, Silent Sword Hiding In The (Defense) Attorney's Arsenal: The Inefficacy Of Georgia's New Offer Of Judgment Statute As Procedural Tort Reform, Merritt E. Mcalister Jan 2006

The Swift, Silent Sword Hiding In The (Defense) Attorney's Arsenal: The Inefficacy Of Georgia's New Offer Of Judgment Statute As Procedural Tort Reform, Merritt E. Mcalister

Georgia Law Review

Offer of judgment provisions, initially creatures of state law but codified in 1938 as Rule 68 of the Federal Rules of Civil Procedure, are neither widely used nor widely understood. Both federal and state offer of judgment rules operate to penalize a plaintiff who fails to accept, in light of the ultimate judgment, a reasonable settlement offer. Scholars have often criticized the federal rule's minimal impact as a tool to encourage settlement, and several states, including Georgia in a recent enactment, have made efforts to create offer of judgment provisions that provide severe penalties-attorney's fees and costs-for an offeree who …

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Banishing Acts: How Far May States Go To Keep Convicted Sex Offenders Away From Children?, Bret R. Hobson Jan 2006

Banishing Acts: How Far May States Go To Keep Convicted Sex Offenders Away From Children?, Bret R. Hobson

Georgia Law Review

Few legislative goals are more commendable than states' attempts to prevent child sexual abuse. Given the difficult nature of this problem, some judicial deference to legislative efforts is appropriate. Politicians, however, should not receive carte blanche to enact reactionary, overinclusive statutes of questionable efficacy. When laws such as residency restrictions target all convicted sex offenders who have already paid their debt to society, courts should closely examine whether such laws violate substantive due process and the Ex Post Facto Clause. Despite the difficulty in articulating a discrete fundamental right that is infringed by residency restrictions,these laws restrain the liberty of …

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The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin Jan 2006

The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

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Religion And Spirituality In Professional Psychologist Training: A Survey Of Interns., Elizabeth J. Cassidy Jan 2006

Religion And Spirituality In Professional Psychologist Training: A Survey Of Interns., Elizabeth J. Cassidy

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined doctoral psychology training practices in religion and spirituality. The relationships between training, religious/spiritual beliefs, and self-reported competence to address spirituality in counseling were explored. Approximately 253 clinical and counseling psychology interns completed a demographic questionnaire, a survey of religious/spiritual training received, measures of religious commitment and of the personal importance of spirituality, and a measure of self-perceived competence in addressing religious/spiritual issues in counseling. The return rate was 28%. Results suggest that a majority of interns had not been offered specific training in religion/spirituality and counseling; a majority felt only moderately competent to address spirituality within counseling; …

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Finding Meaning In Sustainability And A Livelihood Based On Tourism: An Ethnographic Case Study Of Rural Citizens In The Aysen Region Of Chile., Trace E. Gale Jan 2006

Finding Meaning In Sustainability And A Livelihood Based On Tourism: An Ethnographic Case Study Of Rural Citizens In The Aysen Region Of Chile., Trace E. Gale

Graduate Theses, Dissertations, and Problem Reports (ETD)

Development. Livelihood. Sustainability. Tourism. The post-positivistic approach of this study helped to illuminate the complexity that underscores these four simple words. It helped to fill knowledge gaps through exploration of the lived experience of tourism-based livelihoods within the Aysen region of southern Chile. With an understanding of this lived experience, the identification of more feasible and meaningful development interventions and policies becomes more likely. Results were organized around seven key areas of focus: (1) shaping factors for tourism-based livelihoods, (2) how tourism-based livelihood strategies added meaning, (3) the role that alternative forms of tourism played, (4) tourism livelihood tactics, (5) …

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George Eliot And The Anxious Construction Of The Domestic Other: Racial Inheritance, Radical Femininity And Masculinity, And National Identity In "The Spanish Gypsy" And "Daniel Deronda"., Christina E. Godlewski Jan 2006

George Eliot And The Anxious Construction Of The Domestic Other: Racial Inheritance, Radical Femininity And Masculinity, And National Identity In "The Spanish Gypsy" And "Daniel Deronda"., Christina E. Godlewski

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation seeks to articulate the extent to which George Eliot engages in an active dialogue with contemporary scientific thought, particularly in respect to England's Jewish and Gypsy populations. I examine The Spanish Gypsy and Daniel Deronda to determine Eliot's position in relation to ideologies on race, gender, and class. Eliot's texts manage to expose some of the contradictions regarding these two "domestic others" within the dominant discourses of the Victorian period. Chapter one sets out my critical and methodological framework and foregrounds the discursive proximity between the Gypsies, the Jews, the working classes, and women in the Victorian period. …

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Multicultural Education In The Mental Health Professions: A Meta-Analytic Review, Timothy B. Smith, Madonna G. Constantine, Todd W. Dunn, Jared M. Dinehart, Jared A. Montoya Jan 2006

Multicultural Education In The Mental Health Professions: A Meta-Analytic Review, Timothy B. Smith, Madonna G. Constantine, Todd W. Dunn, Jared M. Dinehart, Jared A. Montoya

Faculty Publications

The American Psychological Association and many other professional mental health organizations require graduate programs to provide education in multicultural issues. However, the effectiveness of multicultural education has been debated in the literature over the past several years. The overall purpose of this study was to examine the effectiveness of multicultural education using meta-analytic methodologies. Findings revealed that multicultural education interventions were typically associated with positive outcomes across a wide variety of participant and study characteristics. Multicultural education interventions that were explicitly based on theory and research yielded outcomes nearly twice as beneficial as those that were not. Priorities for future …

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Hepatic Α-Aminoadipate Δ-Semialdehyde Synthase Appears To Be Post-Translationally Regulated In Mouse And Chicken., Aaron S. Kiess Jan 2006

Hepatic Α-Aminoadipate Δ-Semialdehyde Synthase Appears To Be Post-Translationally Regulated In Mouse And Chicken., Aaron S. Kiess

Graduate Theses, Dissertations, and Problem Reports (ETD)

 Lysine is the limiting amino acid in many animal diets. Improving the efficiency of lysine use for protein synthesis can reduce feed cost and potentially the nitrogen and phosphorus output of agricultural production systems. Lysine not used for protein synthesis is oxidized, primarily by lysine α-ketoglutarate reductase (LKR). The mechanism(s) responsible for alterations in hepatic LKR activity in rodents and poultry are still unclear. For this reason, studies in both species were conducted to evaluate possible mechanisms responsible for alterations of LKR activity. Mice were fed either a high or adequate protein diet. Mice fed the high protein diet had …

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Effects Of Various Environmental Parameters On The Reduction Of Arsenic(V) To Arsenic(Iii) By Dissolved Organic Matter., Tsanangurayi Tongesayi Jan 2006

Effects Of Various Environmental Parameters On The Reduction Of Arsenic(V) To Arsenic(Iii) By Dissolved Organic Matter., Tsanangurayi Tongesayi

Graduate Theses, Dissertations, and Problem Reports (ETD)

The objective of this study was to investigate the reduction of inorganic As(V) with Suwannee River fulvic acid (FA) in aqueous solutions and in real samples. Samples of inorganic As(V) were incubated with FA under various solution conditions and aliquots from the incubated samples were taken at various time intervals and analyzed for As(III) using square wave cathodic stripping voltammetry at a hanging mercury drop electrode. The study demonstrated the following important aspects of As speciation: (1) FA can significantly reduce As(V) to As(III), (2) Reduction of As(V) to As(III) is a function of pH, (3) Reduction of As(V) to …

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Work Involving Varied Tasks: An Ergonomic Analysis Process For Msd Prevention, Denise Chicoine, Chantal Tellier, Marie St-Vincent Jan 2006

Work Involving Varied Tasks: An Ergonomic Analysis Process For Msd Prevention, Denise Chicoine, Chantal Tellier, Marie St-Vincent

Guides

La prévention des troubles musculo-squelettiques (TMS) associés au travail à tâches variées ou à cycles longs pose un défi de taille aux ergonomes ou aux intervenants des entreprises et du réseau. Ce type de travail est plus complexe à analyser en raison, entre autres, du plus grand nombre de tâches réalisées par un même opérateur et de leur organisation qui varie selon les besoins de la production. Sensibles aux difficultés rencontrées par les praticiens et face à la rareté des méthodes d'analyse adaptées à leurs besoins, nous avons décidé, dans le cours de nos travaux de recherche, d'élaborer et de …

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Computational Sciences: At The Intersection Of Science And Engineering - Case Study For Academic And Research Programs, Menas Kafatos, P. A. Becker, Z. Boybeyi Jan 2006

Computational Sciences: At The Intersection Of Science And Engineering - Case Study For Academic And Research Programs, Menas Kafatos, P. A. Becker, Z. Boybeyi

Mathematics, Physics, and Computer Science Faculty Articles and Research

No abstract provided.

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Scholar's Library Silver Edition (Qb) Cd/Dvd-Rom [Review] / Logos Bible Software Series X., Philana Crouch Jan 2006

Scholar's Library Silver Edition (Qb) Cd/Dvd-Rom [Review] / Logos Bible Software Series X., Philana Crouch

Andrews University Seminary Studies (AUSS)

No abstract provided.

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Separation Anxiety Within The School Context: A Qualitative Study Of The Beliefs And Practices Of Parents And Teachers, Lauryn C. Muller Jan 2006

Separation Anxiety Within The School Context: A Qualitative Study Of The Beliefs And Practices Of Parents And Teachers, Lauryn C. Muller

Dissertations and Theses @ UNI

This paper presents the results of a qualitative study. Data were collected from two sources close to a child/adolescent that was either diagnosed with SAD or was exhibiting the symptoms set forth by the DSM-IV-TR. The sources included the primary caregiver and the primary teacher during symptom presentation. Semi-structured interviews were conducted with both sources separately. Interviews focused on the following three research question areas: (a) Parent feelings, (b) parent involvement, and (c) desire for information/supports needed. These areas are described and discussed in detail and data are analyzed while comparing parents that work within the school system to parents …

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Cohort Study Of Nitrate Exposure From Drinking Water, Mhg Level, And Implications On Possible Recovery Oxygen Uptake By Age-Grade, Patricia Teran Yengle Jan 2006

Cohort Study Of Nitrate Exposure From Drinking Water, Mhg Level, And Implications On Possible Recovery Oxygen Uptake By Age-Grade, Patricia Teran Yengle

Dissertations and Theses @ UNI

No abstract provided.

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Relationship Between Playing Ability And Selected Performance And Physical Measures In High School Football Players, Timothy Scott Birkey Jan 2006

Relationship Between Playing Ability And Selected Performance And Physical Measures In High School Football Players, Timothy Scott Birkey

Dissertations and Theses @ UNI

No abstract provided.

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A Simple, Inexpensive, And Effective Light- Carrying Laryngoscopic Blade For Orotracheal Intubation Of Rats, Robert C. Molthen Jan 2006

A Simple, Inexpensive, And Effective Light- Carrying Laryngoscopic Blade For Orotracheal Intubation Of Rats, Robert C. Molthen

Biomedical Engineering Faculty Research and Publications

The research paradigm of using large laboratory animals, in which oroendotracheal intubations are relatively easy, is shifting toward the use of small animals, such as rodents, in which oropharyngeal access is limited, the arytenoid cartilage cycles are faster, and the glottis is much smaller. The considerable growth recently seen in preclinical imaging studies is accompanied by an increased number of rats and mice requiring in vivo intubation for airway management. Tracheal access is important for ventilation, administration of inhaled anesthetics, instillation of drugs or imaging agents, and maintenance of airway patency to reduce mortality during and after operations. I fashioned …

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Creating Technology-Enhanced Practice: A University-Home Care-Corporate Alliance, Patricia Flatley Brennan, Laura Burke, Gail Casper, Margaret Sebern, Carolyn Krause, Susan Kossman, Delores Severtson, Judy Murphy Jan 2006

Creating Technology-Enhanced Practice: A University-Home Care-Corporate Alliance, Patricia Flatley Brennan, Laura Burke, Gail Casper, Margaret Sebern, Carolyn Krause, Susan Kossman, Delores Severtson, Judy Murphy

College of Nursing Faculty Research and Publications

Insuring full benefit of consumer health informatics innovations requires integrating the technology into nursing practice, yet many valuable innovations are developed in research projects and never reach full integration. To avoid this outcome, a team of researchers partnered with a home care agency’s staff and patients and their corporate parent’s Information Systems and Research group to create a Technology-Enhanced Practice (TEP) designed to enhance care of home bound patients and their family care givers. The technology core of TEP, the HeartCare2 web site, was built in a collaborative process and deployed within the existing patient portal of the clinical partner. …

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Correlation Between Acculturation And Health Promotion Behavior Among Hispanics/Latinos In Black Hawk County, Iowa, Ki-Hyung Park Jan 2006

Correlation Between Acculturation And Health Promotion Behavior Among Hispanics/Latinos In Black Hawk County, Iowa, Ki-Hyung Park

Dissertations and Theses @ UNI

The elimination of the health disparities between different segments of population such as ethnic or racial minority groups in the United States is one of the principal goals of Healthy People 2010. Since 2002, the Hispanic/Latino population has been the largest minority group in the United States, and currently Hispanic/Latinos are the largest minority group in Iowa. The study assesses the relationships among health status, health promoting behavior, and acculturation of Hispanic/Latino immigrants in Black Hawk County, Iowa. A community sample of 54 adults completed a face-to-face structured interview. The instrumentation included the Acculturation Rating Scale for Mexican Americans-II (ARSMA-II), …

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Obesity In Adolescents And Its Associations With Physical Activity And Diet, Soyang Kwon Jan 2006

Obesity In Adolescents And Its Associations With Physical Activity And Diet, Soyang Kwon

Dissertations and Theses @ UNI

Overweight population in adolescent has increased dramatically in the last three decades in the United States. The increasing rate has become an important public health problem because obesity increases the risk of many diseases and health conditions. The purpose of this study was to examine associations between body weight and physical activity behaviors, dietary patterns, and nutrition/physical activity knowledge by comparing the variables between those students classified as overweight group and non-overweight group. The study participants included 140 adolescents (66 boys and 74 girls) grade 7-8. Physical activity behaviors, sedentary behaviors, and dietary patterns were assessed using a self-report questionnaire. …

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Iowa Physical Educators’ Access To Usage Of, And Perceived Importance Of Technology In The Field Of Physical Education, Jennifer Hadler Jan 2006

Iowa Physical Educators’ Access To Usage Of, And Perceived Importance Of Technology In The Field Of Physical Education, Jennifer Hadler

Dissertations and Theses @ UNI

The primary purpose of this study was to investigate the attitudes of Iowa physical education teachers regarding the importance of various technologies available for use in a physical education classroom. A second purpose was to determine the access to and usage of selected pieces of technology. Data were compared based on years of teaching experience and gender. A questionnaire was sent to Iowa physical educators to determine access and use of 20 different pieces of technology. Teachers also ranked the importance of each technology as "Important," "Somewhat Important," or "Not Important." Results of the study indicated the most accessible technologies …

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