Digital Commons Network^™

State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn

Akron Law Faculty Publications

The state action doctrine is somewhat of a mystery to law students, legal scholars, lawyers, and judges. It is a key component of the Fourteenth Amendment--a threshold requirement that must be satisfied before triggering protection of our fundamental rights--but the doctrine itself seems to be curiously without purpose, a collection of arbitrary rules that impede constitutional protection of liberty, equality, and fairness for no good reason. Nearly forty years ago, Professor Charles Black called the state action doctrine “a conceptual disaster area” and characterized scholarly commentary upon it as “a torchless search for a way out of a damp echoing …

“Statistical Judo”: The Rhetoric Of Senate Inaction In The Judicial Appointment Process, E. Stewart Moritz

Akron Law Faculty Publications

This article first briefly summarizes the issues that arise in the lower-court judicial confirmation process, and examines how the issues differ from those that arise during the confirmation of Supreme Court justices. The article considers constitutionally-based differences as well as practical differences in Senate and Executive behavior that have developed during more than two centuries of judicial confirmations.

The body of the article offers a chronological history and critique of the rhetoric of both Republican and Democratic senators in discussing lower-court confirmations during the 107th Congress. This congressional session, spanning the years 2001 to 2002, was a particularly interesting one …

Giarratano Is A Scarecrow: The Right To Counsel In State Capital Postconviction Proceedings, Eric M. Freedman

Hofstra Law Faculty Scholarship

No abstract provided.

Fact Sheet, Yale University Office Of Institutional Research

Fact Sheets

No abstract provided.

Front Matter: The State Of The Region: Hampton Roads 2006, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Cover, front matter, table of contents, and other materials for the 2006 The State of the Region report authored by the Regional Studies Institute at Old Dominion University

Part 6: The Youth Of Hampton Roads: Pride Or Problem, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

By several measures, our region’s youth are not doing so well. Particularly problematic are the high percentages of youth who live in poverty and babies born to very young mothers. It is easy to track the societal problems that result.

Part 5: The Play's The Thing: Theatres And Performing Arts Companies In Hampton Roads, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

The region is plenti-fully endowed with an impressive variety of theaters and performing arts companies. We critique their diverse work, which provides Hampton Roads with vital cultural and economic benefits.

Part 7: Beach Replenishment: Who Benefits, Who Pays, Who Should Pay?, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Replenishing the region’s beaches with sand is critical to their attractiveness. More than $100 million has been spent on beach replenishment in Virginia Beach over the past decade, with the federal government paying about two-thirds. We find that beach replenishment pays off handsomely for Virginia Beach, but also that the city probably should pay a larger share of the cost.

Part 4: It's Not Easy Being Green: Open Space And Parks In Hampton Roads, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Open space and parks are unevenly distributed across our region. Virginia Beach has done a particularly good job in promoting parks and green space. Still, open space is disappearing at a very rapid rate. Either we preserve such space now, or it may disappear forever.

Circulation, Vol. 13, No. 1, Center For Coastal Physical Oceanography, Old Dominion University, John M. Klinck

CCPO Circulation

Winter 2006 issue of CCPO Circulation featuring article "Biological Processes in Bivalves as Revealed by Numerical Models" by Dr. John Klinck

0754: John M. Mossman Photograph Collection, 1911-2004, Marshall University Special Collections

Guides to Manuscript Collections

Collection of photographs from the Mossman family. One CD rom disk with photos of Maurice Edwin Mossman entitled WW I and Paris 1918-1919. Other photos include the 1937 flood, the Mud River flood, site of the Huntington Mall, and the Huntington Band competition in 1948 and 1949.

0745: Bokair Family Papers, 1916-1971, Marshall University Special Collections

Guides to Manuscript Collections

The collection consists of paper materials related to the Bokair family, especially Ellen Kathryn Bokair. Items include student newspapers, concert programs, and other memorabilia related to Huntington High School during the mid-1950s, as well as letters to Ellen Kathryn from Job’s Daughters and the American Business Women’s Association. Information on other members of the Bokair family is minimal and includes a wedding invitation, report cards, a ceremony pamphlet, letter, and a newspaper article. While the collection spans the years, 1916-1971, the bulk of items date from the 1950s and 1960s.

The Presence, Prevalence And Antibiotic Resistance Of Microbes In The Pamunkey River Basin, Christina Mcdowell

Honors Theses

This project examined the presence, prevalence and antibiotic resistance of Coliforms (mainly Escherichia coli), Staph/occocus aureus, fecal Streptococcus, andEnterobacteriacae found in the water samples taken from three selected sites on the North Anna, South Anna, and Little Rivers of the Pamunkey River Basin. The diversity and concentration of the microbes isolated from these sites was evaluated in late January and late March allowing for a comparison of the occurrence of microbes at different times and between the different sites. Over the course of two months the concentration of colonies increased based on colony counts from Nutrient agar. The rate of …

Political Differentiation In Consumer Preferences For Underdog Businesses : Does Everybody Love A Winner?, Kelly O'Connor

Honors Theses

In an exploratory study of the intersection between the worlds of social behavior and personal economics, this experiment will examine the links between political ideology and consumer preference for an ''underdog" business. The stereotypical image of the Mom and Pop comer store is romantic, but when we juxtapose this sentiment with the convenience and predictability of shopping at a giant retailer, it is unclear which store consumers will prefer, and why. This study tested the hypothesis that individuals with more liberal political orientations will be more likely to exhibit a preference for underdog businesses than individuals with conservative political leanings, …

How Should Physicians Be Motivated To Fulfill Social Obligations?, Jackie Knupp

Honors Theses

Health is instrumental to the ability of individuals to fulfill their potential. The societal systems designed to nurture health are thereby particularly important both for the flourishing of the individual and that of society, for a society flourishes to the extent that each of its individual members flourishes. The medical professionals who strive to preserve good health in their communities through these systems are integral to the maintenance of a thriving society. They are the individuals most directly responsible for the quality of health care available to community members. It is their medical prowess and critical thinking skills that determine …

American Travelers In Palestine : Origins Of Holy Land Discourse In Nineteeth-Century America, Matthew R. Scutari

Honors Theses

Throughout the nineteenth century, American writers, journalists, explorers, and pilgrims traveled to the region then known as Palestine, publishing travel narratives upon their return to the U.S. Such narratives were wildly popular during this period, and the accounts of these travelers quickly made their way into the nation's collective consciousness. From personal libraries to Sunday school classrooms, their depictions of the Holy Land, which reflected a uniquely American biblical tradition, ultimately painted a picture of Palestine that closely conformed to popular preconceptions of what the Holy Land ought to be, stubbornly resisting contradiction and reinforcing stereotypes already held by many …

Courting Disaster : Women, Romance, And Novels In Eighteenth And Nineteenth Century Britain, Beth J. Massie

Honors Theses

Society always fears that something is corrupting its youth and therefore dooming the future. In the late eighteenth century, British High Society believed that the sentimental and overly dramatic courtship novel was adversely affecting the actions of marriageable young women. In response to these fears, women writers of the early nineteenth century produced literature designed to guide young women safely and happily through the steps of courtship and marriage. The impact of British society's changing views on courtship and marriage combined with the fears raised by the courtship novel in the minds of older society transformed the courtship novel of …

Vertical Distribution Of Decapod Larvae In The Entrance Of An Equatorward Facing Bay Of Central Chile: Implications For Transport, Beatriz Yannicelli, Leonardo R. Castro, Arnoldo Valle-Levinson, Larry Atkinson, Dante Figueroa

CCPO Publications

Two short biophysical surveys were carried out in order to assess how the decapod crustacean larvae vertical distribution and circulation patterns in an equatorward facing embayment (Gulf of Arauco, 37° S; 73° W) influenced larval transport into and out of the Gulf. The embayment is located at the upwelling area of south central Chile and features a deep (60 m) and a shallow (25 m) pathway of communication with the adjacent coastal ocean. Profiles of zooplankton, temperature, salinity, dissolved oxygen and current velocity were measured during a 22-h period at the shallow entrance to the gulf. In addition, three zooplankton …

Constructing A Framework To Enable An Open Source Reinvention Of Journalism, Leonard Witt

Faculty Articles

When the Los Angeles Times unveiled its Wikitorial, an open source experiment in commons-based editorial writing, it was shut down within two days as malicious trolls began to fill it with obscene photos. The editorial page editors apparently didn’t understand how commons-based peer production works. As journalism institutions consider commons-based peer production, known interchangeably as We Media, Open Content, Open Source Journalism, Participatory Journalism, Citizen Journalism, and Citizen Media, they would be well advised to consider a framework built on the past experiences learned by commons-based peer production in other areas. This article builds on open source/open content literature and …

How Does My Work Become Our Work? Dilution Of Authorship In Scientific Papers, And The Need For The Academy To Obey Copyright Law, Sean B. Seymore

Richmond Journal of Law & Technology

Professors enjoy a world of extensive institutional autonomy and individual academic freedom. Universities and courts defer to a professor’s judgment for “genuinely academic decisions” unless they depart from academic norms. Universities, courts, and professional societies should intervene, however, when academic norms and custom do not comport with the law.

E-Prescribing In A Changing Legal Environment, Jeff Todd

Richmond Journal of Law & Technology

Perhaps nothing permeates modern American society as much as prescription drugs. Evidence of this exists not just in television and magazine ads extolling the promises of Viagra and Nexium, but also in a few statistics. First, forty-six percent of Americans use at least one prescription drug daily. Further, in 2001, 3.1 billion prescriptions were issued in the United States at a cost of $132 billion. That amount is projected to increase to $414 billion by 2014.3 Such numbers explain the intensity of the recent political and legal debates surrounding prescription drugs, such as the importation of American pharmaceuticals from Canada …

Shifting Burdens And Concealing Electronic Evidence: Discovery In The Digital Era, Rebecca Rockwood

Richmond Journal of Law & Technology

In the twenty-first century, persons involved in the legal profession will be forced to confront technological issues. Computers and technology have pervaded every aspect of society, and the legal system is no exception. The discovery process is a dramatic example of how lawyers and courts strain to keep up with technological advances. Traditional discovery practices have been severely overhauled as electronic information becomes increasingly prevalent. What was once a simple discovery request can now become an overwhelming task, as defendants must wade through a plethora of electronic documents in an attempt to comply with the court’s discovery orders.

Legal, Factual And Other Internet Sites For Attorneys And Others, Timothy L. Coggins

Richmond Journal of Law & Technology

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information (including social security numbers in some instances) about individuals.

Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker

Richmond Journal of Law & Technology

At the point where one of the most venerable principles of common law and the reality of modern information management collide, even the most diligent attorneys may become victims of the resulting fallout.

Best Practice: Contextual Learning, Philip A. Reed, G. Eugene Martin (Ed.), Christopher M. Martin (Ed.)

STEMPS Faculty Publications

No abstract provided.

A United States Perspective: 112 Years Of Graduate Research In Technology Education, Philip A. Reed, David A. Sontos

STEMPS Faculty Publications

No abstract provided.

Third Year Evaluation Of Tennessee Charter Schools, 2005-2006, Steven M. Ross, Aaron J. Mcdonald, Linda Bol

STEMPS Faculty Publications

The purpose of the present evaluation study was to examine the progress made in program implementation, school climate, and student achievement by Tennessee charter schools. Six evaluation questions guided the methodology for this study. Student achievement results are addressed in a separate report. The following evaluation questions are addressed in this report: (1) What is the frequency of usage of various traditional and alternative instructional strategies in the charter schools and compared to national norms? (2) What is the school climate at the charter schools and how does the climate compare to national norms? (3) To what degree and levels …

University Of Texas At Tyler Catalog, 2006 - 2008, University Of Texas At Tyler

Catalogs

No abstract provided.

What’S Missing From Foster Care Reform? The Need For Comprehensive, Realistic, And Compassionate Removal Standards, Theo Liebmann

Hofstra Law Faculty Scholarship

Class action litigations, media commentary, and statistical data have time and again laid bare the tragically poor quality of foster care in this country. In response to the extensive nature of these problems, federal and state commissions have been established to study what ails the foster care system, to issue reports on their findings, and to make recommendations for reform. But a critical component of reform has been missing. In order truly to protect children from the perils of the foster care system, we must examine the out-dated and short-sighted standards nearly every state currently uses to justify initially removing …

Influences On Health Related Quality Of Life In Community Dwelling Adults Aged 60 Years And Over, Hilary Beth Greenberger

Theses and Dissertations

Interest in patient-reported health care outcomes such as health related quality of life (HRQL) has increased dramatically over the past two decades. Typically, HRQL has been conceptualized as having at least three domains: physical, psychological, and social functioning. Although research has attempted to identify factors that influence HRQL,few studies have simultaneously examined how various factors impact HRQL in the elderly. The purpose of this study was to develop and test a causal model to identify factors influencing HRQL. The constructs and observed variables hypothesized to influence HRQL included medical burden, housing satisfaction, socioeconomic status,religion/spirituality, age, gender, and marital status.Three hundred …