Digital Commons Network^™

Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr

Faculty Articles

The transition from law student to seasoned attorney can be prolonged and stressful. The evolution can be painfully dispiriting, but there are ways to transform a potentially grueling struggle for sustenance into a genuine labor of love. The sources stem from divergent roots, both Eastern—Buddhist with pinches of Hindu—and Western—ranging from Platonic to perhaps the moronic. Eastern visions and Western voices may be a catalyst in spawning ideas on creating joy and fulfillment in the valley of law.

Moving from law student to practitioner is an odyssey, both perplexing and potentially fatal. Becoming a lawyer in fact as well as …

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of Federal Rules of Procedure and Evidence are scheduled for amendment on December 1, 2006, unless Congress amends them further or disapproves of the changes. The amendment to Rule 5 would remove a conflict between Rule 58 and Rule 5.1(a) concerning when a defendant is entitled to a preliminary hearing. Rule 6 would undergo purely technical changes making the rule conform to the writing conventions used in the restyling of the Criminal Rules. Rule 32.1 is being amended to permit the government to produce certified copies of the judgment, warrant, or warrant application by “reliable electronic means.” Under …

Contractors On The “Battlefield”: Providing Adequate Protection, Anti-Terrorism Training, And Personnel Recovery For Civilian Contractors Accompanying The Military In Combat And Contingency Operations, Jeffrey F. Addicott

Faculty Articles

American civilian employees serving overseas in hostile environments are dying because their parent companies and the U.S. military are failing to provide adequate protection, antiterrorism (“AT”) training, or both. Contractors must be properly informed, trained, and equipped not only to understand their own rights and obligations, but also to understand those of the U.S. military and the parent contractor company because of the physical dangers inherent in such asymmetrical conflicts. Specified AT training is not a mandatory component of contractor deployment, leaving many contract personnel ill-prepared and under-equipped to operate in locations plagued by the threat of car bombs, suicide …

Americans Abroad: International Educational Programs And Tort Liability, Vincent R. Johnson

Faculty Articles

In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. Until recently, there were few reported cases involving claims arising from foreign educational ventures. However, the increase in international study abroad programs has been paralleled by an increase in tort claims. Additionally, because of the tendency of tort cases to be settled, the number of unreported cases, based on harm to students participating in study abroad programs, may be considerably larger than what appears in legal research databases.

Given the high cost of potential litigation, a program provider has no choice but to …

Tribute, Rehnquist, Innsbruck, And St. Mary’S University, Vincent R. Johnson

Faculty Articles

William H. Rehnquist served as the seventeenth Chief Justice of the United States. During this time, the Chief Justice taught for St. Mary’s University School of Law over four summers, two weeks each July in 1991, 1994, 1998, and 2000. Chief Justice Rehnquist lectured on the Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. Chief Justice Rehnquist felt welcome in Innsbruck, and had earned the St. Mary’s faculty’s fond regard and the students’ admiration.

The memories of the summers spent in Innsbruck with Chief Justice Rehnquist are shared …

The Abu Ghraib Story, Jeffrey F. Addicott

Faculty Articles

The purpose of this Article is to examine the facts associated with the prison abuse at Abu Ghraib and to discuss the applicable legal and policy lessons learned as a result of the scandal. Was the prison abuse a reflection of a systemic policy—either de jure or de facto—on the part of the United States to illegally extract information from detainees or was the abuse simply isolated acts of criminal behavior on the part of a handful of soldiers amplified by an incompetent tactical chain of command at the prison facility?

Whose Job Is It Anyway?: Governmental Obligations Created By The Human Right To Water, Amy Hardberger

Faculty Articles

The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary international law.

If the human right to water becomes an accepted norm of international law, there could be differing consequences for governments. A human right is enforceable by a citizen against her government by investigating intragovernmental responsibilities in different contexts, including times of peace and more complicated relationships, such as those created in times of conflict or belligerent occupation. Different …

Ancient West Mexican Sculpture: A Formal And Stylistic Analysis Of Eleven Figures In The Virginia Museum Of Fine Arts, Crista Anne Pack

Theses and Dissertations

The Virginia Museum of Fine Arts (VMFA) has in its collection eleven ancient West Mexican ceramic sculptures. Given that the VMFA's West Mexican Ceramic figure collection has not been included in any extensive study, this thesis serves to provide a critical analysis of these figures through a formal and stylistic approach. These analyses are preceded by a brief history of the West Mexican cultures and highlight the artistic similarities and differences between each region. The primary regions under discussion are Colima, Nayarit, and Jalisco which correspond to modern geopolitical boundaries. Primary sources for these discussions are the figures themselves, while …

Journaling For Critical Thinking, Paul E. Terrell Jr.

Theses and Dissertations

This thesis describes a pretest - posttest study to increase the effectiveness of art journals at the high school level. The targeted population consisted of students in the ninth through twelfth grades in a middle class community, located in central Virginia. The visual art students were involved in the journaling (art workbook, sketchbook) process as a part of their curriculum. Following a pretest students were surveyed and adjustments were made from their input to make the art journals more effective. Often students were not picking up instructional cues introduced through demonstrations and art history integrated into the class structure. The …

Conceptualizing Hoarding Behavior Among Elderly Women: A Mixed-Methods Approach, Susan Jan Murdock

Theses and Dissertations

Hoarding in the community involves substantial cluttering and impaired functioning, often exposing the hoarder to extensive health and safety risks. This research, based on Functionalism social theory, explores the three elements of hoarding—relentless acquisition, intense possessiveness of objects, and a reluctance to discard possessions—as a sociocultural phenomenon. The mixed methods methodology entailed a quantitative study involving a survey completed by 134 adult protective services workers throughout Virginia and a qualitative study of five randomly-selected adult protective services workers who volunteered for in-depth interviews.Findings revealed that adult protective services workers come in contact with very severe cases of hoarding, with over …

Gender And Forgiveness In Early Married Couples, Andrea J. Lerner

Theses and Dissertations

Ninety-five studies that addressed the possibility of gender differences in forgiveness literature are reviewed. Gender differences were examined with respect to predictor variables and outcome variables. Participants were 314 couples from the community who had been married less than one year. Participants filled out questionnaires. Males were more forgiving and were more committed to the marriage. However, females were more successful at granting forgiveness. In addition, females were more religious and reported more symptoms of depression, anxiety, and hostility. Four structural equation models were tested in order to test for gender differences. Structural models including the latent variables of martial …

Inhibition Of Margination And Diapedesis Of Neutrophils By Protein Synthesis Blockade, Phyllis V. Acquah

Theses and Dissertations

Acute Respiratory Distress Syndrome (ARDS), an age-old clinical problem facing the Emergency Department and Intensive Care Units of all health systems, is a common debilitating lung condition consequent upon severe systemic inflammation. Although several studies have gone into understanding the epidemiology and pathogenesis of the disease thus making way for new advances in treatment strategies, there seems to be no known study tailored to its prevention. Neutrophil extravasation within the tissues during inflammation is the hallmark of this syndrome. Our study sought to block excessive neutrophil infiltration by inhibiting the biosynthesis of some essential proteins necessary for the process. In …

Isolation Of Legionella Pneumophila From Well-Maintained Emergency Showers And Eyewash Stations, Jessica Mae Myers

Theses and Dissertations

Legionella pneumophila is a gram-negative bacterium responsible for Legionnaire's disease, and is commonly transmitted via aerosolized water. Legionella colonization of emergency eyewash and shower stations may pose an exposure hazard to users of these stations. There is little information about the role of these stations as significant reservoirs for Legionella. Samples were collected from 67 stations in an industrial facility. At the time of this study, the stations within this facility were under a routine maintenance program that included at least monthly flushing. This study also included the analysis for other bacterial organisms to determine an association between the presence …

The Theatre That Will Be: 'Devised Theatre' Methodologies And Aesthetics In Training And Practice, Lisa Kathleen Jackson

Theses and Dissertations

This thesis details my process of teaching Devising Theatre, a course of my own design, in Spring of 2005 and Fall of 2005. I address my curricular development from semester to semester (readings, assignments, assessments) as well as the students' responses to the material. Additionally, I discuss my reasons for teaching the course and the place that alternative theatre can and should have in theatre training programs and in the realization of feminist pedagogy.

The Impact Of No Child Left Behind On Charter School Legislation And Practices - Policy Implications, Joice Eaddy Conyers

Theses and Dissertations

The charter school movement is considered one of the fastest growing education reform efforts in the United States today, serving over 1 million children nationwide. The demand to improve the quality of education in the United States has been paramount over the last twenty years.In December 2001, Congress approved a reauthorization of the Elementary and Secondary Education Act (ESEA) and renamed it the No Child Left Behind Act of 2001 (NCLB), P.L. 107-ll0, H.R. 1. Although ESEA was enacted in 1964 by President Lyndon Johnson to supplement state and local efforts to provide all children with high-quality education, NCLB has …

The Ins And Outs Of School Provider Literature: A Multi-Year Content Analysis On Lgbt Youth, Caitlin Conor Ryan

Theses and Dissertations

This study is based on a content analysis of two primary sources: 1) literature published on lesbian, gay, bisexual and transgender (LGBT) youth in professional journals for school providers (school counselors, nurses, psychologists and social workers) over more than a 30-year period; and 2) materials developed for school providers on LGBT youth by states with laws, regulations and professional policies related to sexual orientation and/or gender identity in schools. Fifteen professional journals were identified that serve as primary and secondary journals for school providers. A total of 41 articles were published in these journals on LGBT youth between 1937 and …

Transforming Growth Factor-Β1 (Tgf-Β1) Induces Mast Cell Apoptosis, Farnaz Norozian

Theses and Dissertations

Mast cells are potent effectors of the inflammatory response, playing an important role in atopy, bacterial immunity, and animal models of arthritis, multiple sclerosis, and heart disease. Hence controlling mast cell numbers and responsiveness is essential for preventing inflammatory disease. This work demonstrated that the cytokine TGF-β1 is a potent inducer of mast cell apoptosis, a finding that was consistent for cultured mouse bone marrow-derived mast cells, peritoneal mast cells, and human mast cells. Cell death appeared to be the result of TGF-mediated repression of IL-3 receptor expression and function, leading to mitochondria1 damage and activation of an apoptotic cascade …

Reviving His Work: Social Isolation, Religious Fervor And Reform In The Burned Over District Of Western New York, 1790-1860, Patricia Lewis Noel

Theses and Dissertations

This thesis examines revivalism and reform movements in rural areas of western New York. The bulk of literature on this region in the Second Great Awakening concentrates on middle class, urban people. This thesis argues that revivalism and evangelical fervor was carried to rural portions of the region by migrants from western New England. Evangelical Christianity and revivalism provided emotion succor for rural people grappling with negative social conditions, such as isolation, poverty, crop failure and alcoholism, in the New York frontier. Religious adherence became especially important for women, who were more isolated than men. Religious adherence and revivalism allowed …

R. Walton Moore And Virginia Politics, 1933-1941, Daniel Gregory Tulli

Theses and Dissertations

This study is a chronicle of the efforts of R. Walton Moore and the Roosevelt Administration to liberalize the conservative Virginia Democratic Party during the 1930's. Moore was an elderly politician and amateur historian who had been in and out politics in the state for over forty years. He was opposed at every turn in his efforts by state Democratic Party organization leader Senator Harry F. Byrd, and his conservative colleague Senator Carter Glass. Both Glass and Byrd opposed most New Deal legislation throughout the decade. Moore served officially as Assistant Secretary of State and Counselor to the State Department, …

Sec Regulation Of Corporate 10k Filing Dates: The Effect On Earnings Management And Market Recognition, Robert W. Russ

Theses and Dissertations

In November 2002, the Securities and Exchange Commission released a final ruling regarding a filing requirement change. The proposed requiredment change was for domestic companies to file annual and quarterly reports within 60 and 30 days, respectfully. This requirement was recommended for companies with a market value of at least $75 million and would reduce by 30 days the time allowed to file these reports. The Wall Street Journal article announcing this proposal stated the change was an effort to address some of the problems arising from accounting scandals such as the Enron scandal of 2001. A potential added benefit …

Genetic Variation Among Geographically Disparate Yellow Perch Broodstock Populations, Chandler Brooke Givens

Theses and Dissertations

As a prelude to strain selection for domestication and future marker assisted selection, genetic variation revealed by microsatellite DNA was evaluated in yellow perch, Perca flavescens, from four wild North American populations collected in 2003-2004 (Maine, ME; New York, NY; North Carolina, NC; and Pennsylvania, PA), and two captive populations (Michigan, MI; Ohio, OH). For the loci examined, levels of heterozygosity ranged from He = 0.04 to 0.88, genetic differentiation was highly significant among all population pairs, and effective migration ranged from low (Nem = 0.3) to high (Nem = 4.5). Deviation from Hardy-Weinberg 1equilibrium was regularly observed indicating significant …

Phospholipase A2 Induced Monocyte Chemotaxis To Apoptotic Cells, Kwasi Karikari

Theses and Dissertations

Apoptosis is a form of programmed cell death that is essential in such processes as organ and tissue remodeling and maturation of hematopoietic cells. The clearance of apoptotic cells is essential to prevent autoimmune responses to sequestered antigens. This process is mediated by phagocytes of the monocyte lineage. Before phagocytosis can occur, macrophages must be recruited to the apoptotic cells through chemotaxis. Products of the reaction catalyzed by the phospholipases A2 (PLA2) have been shown to induce monocyte chemotaxis either directly or indirectly. Some investigators have implicated a cytosolic calcium-independent PLA2 (iPLA2) in the production of these products during apoptosis. …

Pietro Perugino (1450-1523) And The Practice Of Reuse: Redefining Imitazione In The Italian Renaissance, Kelly A. Goodman

Theses and Dissertations

Pietro Perugino's oeuvre is characterized by the reappearance of figures and motifs replicated through the reuse of cartoons. Perugino's deliberate self-plagiarism, despite being rooted in quattrocento compositional methods, exhibits an exploitation of the reproductive nature of the cartoon. While this practice allowed him to develop an efficient design process, the results of this imitation endowed Perugino's work with a formulaic quality, as was first noted by Giorgio Vasari in his Lives of the Most Eminent Painters, Sculptors and Architects (1568). Significantly, in the sixteenth century, theorists revised the concept of imitation to incorporate not only the notion of replication, but …

The Association Between Breast Feeding And Being Overweight In Children, Naja Jamil Eldanaf

Theses and Dissertations

Purpose: Obesity/Overweight in children is an epidemic and the most common disorder of childhood in the developed world. Prevalence is increasing, leading to short- and long-term complications. Breastfeeding may protect against childhood obesity, but the debate is ongoing. The main purpose of this project was to assess the relationship between breastfeeding and being overweight in early childhood.Methods: Data were collected from the State and Local Area Integrated Telephone survey; National Survey of Children's Health, 2003. Overall, 16,358 children, ages 3 to 5, were included in the sample. SPSS Complex Sample software was utilized to generate for all analyses. Complex samples …

The Other Side Of The Fence, Benjamin S. Jones

Theses and Dissertations

I pull from what I see in my urban surroundings. There is always a sense of dread fused with optimism that prevails. Is it beautiful? Fragments of low-riders and tricked-out cars become symbols of desire and the glowing red lens of a stop light becomes a Cyclops poised to defend his garden. Candy-coated, blooming, dripping and seductively slick confronts you with the obvious warning: STOP! You could be next… …The grass really is greener on The Other Side of the Fence. At least until winter comes.

Assessment Of Section 404 Wetland Mitigation Compliance And No-Net-Loss In The United States Army Corps Of Engineers, Norfolk District, Kimberley Anne Baggett

Theses and Dissertations

The United States Corps of Engineers is a federal agency responsible for regulating impacts to wetlands. Permit applications requesting authorization to impact wetlands are reviewed using a three step sequence: avoidance, minimization and compensatory mitigation. A national goal of no net loss of wetland acreage and function in compensatory mitigation has been recommended since 1987.Thirty Norfolk District projects requiring compensatory wetland mitigation in the permit years 1996-1998 were randomly selected for field review. The results showed that 10% of the project were never initiated or completed. Another 19% of the projects showed a net loss of acreage. However, many projects …

The Effect Of Media Advertising On Consumer Perception Of Orthodontic Treatment Quality, Daenya T. Edwards

Theses and Dissertations

A survey instrument was designed to evaluate factors influencing consumer selection of an orthodontist and consumer perception of different forms of media advertising (radio, television, newspaper, magazine, direct mail, and billboard) by orthodontic practices. The surveys were distributed by 8 orthodontic offices in and around the Richmond, Virginia area. Out of 676 surveys, 655 (97%) were returned. Respondents most often cited dentist and patient referrals as how they learned of the orthodontic practices they visited (50%- 57%). However, a caring attitude and good practitioner reputation were cited as the top reasons influencing selection of an orthodontist (53% and 49% respectively). …

The Barbershop: A Photographic Documentation And Exhibition, Justin K. Howard

Theses and Dissertations

In this project I explore the environment that surrounds and frames my life experiences. Interests in form, architecture, vernacular typographyand community blend into a photographic documentation—communicating my perceptual experience of Richmond barbershops through public exhibition.

Cross-Modal Projections From Auditory To Visual Cortices In The Ferret, Meng Y. Wang

Theses and Dissertations

Recent studies have shown that neuronal connections occur between primary auditory and visual cortices of the primate (Falchier et al., 2002; Rockland and Ojima, 2003), and it has been suggested that these projections are involved in multisensory processing in these lower-level, core areas of cortex. The present study was conducted to determine if similar connections occur in other higher mammals such as carnivores (ferrets; Mustela putorius). Large injections of sensitive neuroanatomical tracer were placed within the core areas of auditory cortex in 3 ferrets. After transport and processing, labeled axon terminals were found not in primary visual cortex, but in …

Jimmy Hit His First Home Run, Eileen N. Rafferty

Theses and Dissertations

This document begins with the end of a life and ends with the beginning of hope. It is a brief description of the artist's history, artistic and literary influences, and subsequent works produced during graduate school, specifically Dichotomy, Swan Dive, and Jimmy Hit His First Home Run. Topics discussed include Human Physiology, Transference, Buddhism, and Bubbles. This document was created in Microsoft Word 2004 for Mac, Version 11.2.