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To Err Is Human: Art Mix-Ups - A Labor-Based, Relational Proposal, Leslie Bender

College of Law - Faculty Scholarship

No abstract provided.

Why Shouldn't I Be Allowed To Leave My Property To Whomever I Choose At My Death? (Or How I Learned To Stop Worrying And Start Loving The French), Terry L. Turnipseed

College of Law - Faculty Scholarship

This article analyzes whether the ancient common law concepts of dower and curtesy, and their modern day statutory equivalents - the elective share laws - should be substantially modified or eliminated. In modern America, forty-nine of the fifty states and the District of Columbia severely limit freedom of testation vis-à-vis surviving spouses. If, as a policymaker, one believes the marital partnership theory of marriage to be gospel, then by goodness change to community property and be done with it. Do not, as many states have done, choose separate property (an inherently non-partnership, eat-what-you-kill, philosophy) and then try to graft some …

Digest Of The Philadelphia College Of Osteopathic Medicine (Winter 2006), Philadelphia College Of Osteopathic Medicine

Digest

The Winter 2006 issue of the Digest of the Philadelphia College of Osteopathic Medicine includes the following articles:

• Opening Remarks
• PCOM Updates and Kudos
• Will the Doctor be In?
• Recognizing Leadership, Loyalty, Service
• Bringing Hope & Help after Hurricane Katrina
• Bridging Bench to Bedside
• Class Notes
• In Memoriam
• My Turn
• PCOM Alumni Weekend 2006
• PCOM Events

A Logistic Regression/Markov Chain Model For Ncaa Basketball, Paul H. Kvam, Joel Sokol

Department of Math & Statistics Faculty Publications

Each year, more than $3 billion is wagered on the NCAA Division I men’s basketball tournament. Most of that money is wagered in pools where the object is to correctly predict winners of each game, with emphasis on the last four teams remaining (the Final Four). In this paper, we present a combined logistic regression/Markov chain model for predicting the outcome of NCAA tournament games given only basic input data. Over the past 6 years, our model has been significantly more successful than the other common methods such as tournament seedings, the AP and ESPN/USA Today polls, the RPI, and …

Victorians And The Underground, Melissa Mcdaniel

Theses and Dissertations

The Victorian Age created a revolution in technology that defined the age and has fostered its social ideologies. In every civilization, the technologies of the time reflect the social issues of the culture. For instance, the development of the printing press in the fifteenth-century revealed desires for higher literacy rates; the invention of the cotton gin incited the social injustices of American slavery; the progress of the Internet embodies this century's attachment to fast-food, fast-money, and fast-information. Likewise, in the Victorian Age, the invention of underground tunnels exposed some important social issues which developed in the period. Just as the …

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive …

Assessing Human Trafficking In Canada Flawed Strategies And The Rhetoric Of Human Rights, Constance Macintosh

Articles, Book Chapters, & Popular Press

This paper will present the argument that Canada’s rhetoric of protecting the human rights of trafficking victims is at odds with its practice. Trafficking victims are treated essentially the same as any other irregular migrant, and the specter of trafficking is invoked to justify acts which arguably violate Canada’s international human rights obligations. This paper will offer an overview of what little information is available regarding the extent of trafficking in Canada, and then will conduct a close examination of the Canadian approach to trafficking and its victims. In addition to considering the logic and consequences of the Canadian strategy …

An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero

Faculty Scholarship

The so-called Religious Right's reaction to Lawrence v. Texas has been both powerful and negative, characterizing the case as an assault on the traditional conception of marriage and family life. This essay is an attempt to present a different Christian view. Modeled on the life and teachings of Jesus, this perspective celebrates the Lawrence case as consistent with God's call to social justice for the oppressed. It also outlines a Christian sexual ethic that lifts up genuine, monogamous, committed love between two individuals, whether of the same or opposite sex.

Religious Discourse In The Public Square, David Blaikie, Diana Ginn

Articles, Book Chapters, & Popular Press

Full, open, and civilized discourse among citizens is fundamental to the life of a liberal democracy. It seems trite to assert that no discourse should be prohibited or excluded simply because it is grounded in religious faith or employs religious beliefs to justify a particular position. Yet there are those who contend that it is improper for citizens to use religious arguments when debating or deciding issues in the public square, that metaphorical arena where issues of public policy are discussed and contested. In this article we challenge this position, examining the various arguments that are put forward for keeping …

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Articles

Legal scholars have long debated the efficacy and necessity of videotaping investigative interviews with children when allegations of child sexual abuse have surfaced. This debate has been advanced from the perspectives of adversaries in the criminal justice system, prosecutors and defense advocates. Absent from this debate has been the perspective of the broader community. This debate has failed to consider how other investigative tools might be used in conjunction with videotaping to advance the interests of the community. Moreover, the debate about videotaping has taken place with little actual data. This Article seeks to accomplish two goals. First, it seeks …

Social Impact: Parents As Teachers: A Force For Good: Alum Leads Growing National Program Aimed At Helping Preschoolers Reach Their Potential, Betsy Rogers, Geoff Story

Social Impact Publication

Imagine a network of 10,000 trained educators who meet individually every month with families of preschoolers to maximize every child's readiness for school. Imagine the opportunity these educators have to foster literacy, learning, emotional health, sound nutrition, and an appreciation for human diversity. Imagine the promise for every child fortunate enough to participate.

Stereotype Susceptibility Narrows The Gender Gap In Imagined Self-Rotation Performance, Maryjane Wraga, Lauren Duncan, Emily C. Jacobs, Molly Helt, Jessica Church

Psychology: Faculty Publications

Three studies examined the impact of stereotype messages on men's and women's performance of a mental rotation task involving imagined self-rotations. Experiment 1 established baseline differences between men and women; women made 12% more errors than did men. Experiment 2 found that exposure to a positive stereotype message enhanced women's performance in comparison with that of another group of women who received neutral information. In Experiment 3, men who were exposed to the same stereotype message emphasizing a female advantage made more errors than did male controls, and the magnitude of error was similar to that for women from Experiment …

Newfound Religion: Mothers, God, And Infanticide, Susan Ayres

Fordham Urban Law Journal

This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silences, so their acts cannot be seen as subversive feminist gestures. Part III, however, argues that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …

No Penis, No Problem, Kay L. Levine

Fordham Urban Law Journal

Over the past century and a half, the gendered essence of statutory rape has become deeply embedded in the purpose of the statute, extending its tentacles far beyond the statutory language, such that we can no longer extricate the male-on-female image from the formal law's requirements for prosecution. The reality of statutory rape is, however, far more complex than the traditional gender construct implies. Female sex abusers and male victims exist, in substantial numbers and varieties. Part I documents the statutory rape law's gendered essence, explaining the formal law's traditional gendered classification scheme, the Supreme Court's approval of that approach, …

Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm

Fordham Urban Law Journal

This article explores whether motherhood may have any restorative effect on prostitution. Section I provides an overview of the crime of prostitution. It analyzes the underlying themes of autonomy, power, authority, and control, and considers whether prostitution is an example of the ultimate loss of these qualities, or an exercise of complete freedom and liberty in autonomy. Section II discusses how motherhood affects the life of a prostitute. It analyzes current social science research and studies and explores maternal responsibilities in terms of potential work interruption, new personal roles, and anxieties associated with the work/family/crime triad. It also considers the …

Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna

Fordham Urban Law Journal

This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …

Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport

Fordham Urban Law Journal

This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …

A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara

Fordham Urban Law Journal

This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.

Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield

Fordham Urban Law Journal

This Article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. It argues secondly, that state legislatures must adopt a coordinated policy approach. This Article uses Oregon's comprehensive land use legislation as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Finally, the article discusses nine policies that the author believes are necessary to promote stable metropolitan living patterns.

Subtle But Pervasive: Discrimination Against Mothers & Pregnant Women In The Workplace, Alison A. Reuter

Fordham Urban Law Journal

This Comment examines discrimination against mothers in the workplace, including discrimination against women on the basis of pregnancy, childcare, and breast-feeding, and proposes that new legislation is necessary in order to create equal opportunities for men and women, at work and at home. The Parental Discrimination Act (PDA) specifically tries to remedy the embedded assumptions and biases that lie beneath discrimination against pregnant women and mothers. Yet, until the embedded assumptions and biases that form the basis for the current work-family structure are eradicated, women and men will not be able to enjoy equal opportunities both at work and at …

Concert Recording 2006-09-22, Andjela Subotic, Lonnie Ostrander, Ryan Cockerham, Seth Kleman, Michael Bollero, Lyndon Meyer, Elizabeth St. John

Concert Recordings & Programs

Artaxerxes. The soldier tir'd of war's alarms / Thomas Arne -- Vorrei spiegarvi, oh Dio! K. 418 / Wolfgang Amadeus Mozart -- Sei romanze. La zingara ; Ad una stella ; Lo spazzacamino / Giuseppe Verdi -- Bentano Lieder op. 68. Sausle, liebe Myrte ; Als mir dein Lied erklang ; Amore / Richard Strauss -- Extinguish my eyes ; When my soul touches yours / Leonard Bernstein -- Clairieres dans le ciel. Elle etait descendue au bas de la prairie ; Elle est gravement gaie ; Parfois, je suis triste ; Vous m'avez regarde avec toute votre ame ; …

Concert Recording 2006-09-28, Jeff Martindale

Concert Recordings & Programs

Red-tailed hawk ; Stargazing ; Amy's song ; Meditation ; Kokopelli ; Deep caverns ; I can do anything ; Shut up and play ; Unknown voices ; Amazing grace ; Lullaby ; Perserverance ; Toubat memories ; Perseverance / Jeff Martindale

The Bison: 2006, Howard University

Howard University Yearbooks

This digital object was funded in part through a grant from the Andrew W. Mellon Foundation. The digitalization of this object was part of a collaborative effort with the Washington Research Library Consortium and George Washington University.

Effects Of Rural High School Size And Socioeconomic Status On Achievement Of Tenth Graders, Peter W. O'Rourke

All-Inclusive List of Electronic Theses and Dissertations

The current emphasis on the equal access to a qualityEducation for all children, highlighted in the federal No Child Left Behind (NCLB) legislation and Public Law 221 in Indiana has stimulated much discussion on the ability of schools urban, suburban, and rural to meet this challenge. Moreover, the thrust of currentEducational initiatives in Indiana emphasize the closing of achievement gaps between various student cohorts; of particular interest is the capacity of rural high schools to reduce this gap for economically disadvantaged students. The purpose of this study was to investigate the effects of enrollment size and socioeconomicstatus (SES) as measured …

Effects Of Student Response System Use On Student Learning And Verbal Participation For A Sixth-Grade Mathematics Unit, Gary Thomas Grissom Ii

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this quasi-experimental quantitative study was to examine the effects of Student Response System (SRS) use on student learning and verbal participation in an authentic K-12 classroom environment for a sixth-grade mathematics unit on probability. A self-report survey was administered to report student attitudes regarding SRS use for the unit. A sample of 84 sixth-grade students from a rural Midwestern elementary school was used for the study by established grouping. Two sections of the sixth-grade class were used as the treatment condition of SRS use and two sections of the sixth-grade class were used as the control group …

The Behavioral Correlates Of Pain Catastrophizing: Are They Strategic?, Lorraine Y. Overduin

All-Inclusive List of Electronic Theses and Dissertations

Pain catastrophizing is one of the most robust predictors of negative pain outcomes, including a greater number of pain behaviors, more intense pain, and greater disability. Although associated with negative pain outcomes, it has recently been suggested that catastrophizing may be a coping strategy aimed at garnering social support rather than simply a maladaptive cognitive response to pain. Recent research has found that pain catastrophizers engage in more communicative types of pain behaviors than non-catastrophizers, which is consistent with catastrophizing being used as a communal coping strategy. It is not known, however, whether these communicative pain behaviors are automatic or …

The Impact Of Mentoring Relationships On The Socialization Of New And First -Time Faculty At Institutions Within The Council For Christian Colleges And Universities, Stephen J. Matteson

All-Inclusive List of Electronic Theses and Dissertations

This study examines the impact that mentoring relationships have on the socialization experience of new and first-time faculty at campuses within the Council for Christian Colleges and Universities (CCCU). The study sought to compare and contrast formal and informal mentoring in the assimilation process. Additionally, the project explored the role that mentors play in helping new faculty understand and embrace the campus expectation that they will impact the intellectual and spiritual development of their students. The research structure was qualitative and employed phenomenological analysis methodologies. Eight different faculty were interviewed on eight distinct Midwestern CCCU campuses. Five participants were male …

Adolescent Fears And Anxities:A Comparitive Analysis Of Parent's And Teacher's Perceptions Of Adolescent Differences., Carolyn.B Milner

All-Inclusive List of Electronic Theses and Dissertations

The purpose of the study were 1)to compare parents and teachers and students perceptions of student's fears and anxities and 2)to determine if there were differences in student's fears and anxieties based on grade level or gender.This study was quantitative in nature.Four hundred eighty-six middle school students in a five through eight configuration, and their parents and teachers were included in the sample.Two surveys were given:The Middle Level Survey was created by the researcher, and the Comprehensive Assessment of School Climate is a National Study of School Evaluation(NSSE) product created by kelley,Glover,Keefe,Halderson,Sorenson,and Speth(1986).Statistical analysis of the data included the one-way …

Prenatal Diagnosis And Pre-Implantation Genetic Diagnosis: Legal And Ethical Issues, Roxanne Mykitiuk, Stephanie Turnham, Mireille Lacroix

Articles & Book Chapters

Prenatal diagnosis of genetic disorders and foetal anomalies has expanded significantly. Hundreds of conditions can be diagnosed through DNA analysis of foetal cells and ultrasound and maternal serum biochemical screening. The purpose of prenatal diagnosis is to rule out the presence in the foetus of a particular medical condition for which the pregnancy is at an increased risk. This information is provided to the individual or couple to assist in the decision-making process regarding the possible options including: carrying the pregnancy to term, preparing for a difficult delivery, preparing for the birth of a child with genetic anomalies and for …

Regulating Inheritable Genetic Modification Or Policing The Fertile Imagination?: A Feminist Response, Roxanne Mykitiuk, Isabel Karpin

Articles & Book Chapters

The past few years have seen an explosion of legislative activity around developments in genetics and assisted reproduction. In this chapter we examine recently passed legislation in Australia and Canada in the area of genetic modification technologies and reproductive genetics. We demonstrate that legislative control in this area has a twofold purpose. Less controversially it is aimed at providing limits to scientific innovation for the purpose of ensuring safe and ethical research and experimentation. More controversially it is concerned with what should be the proper "nature of reproduction' namely, how it happens (sexually), between whom (a man and a woman, …