Digital Commons Network^™

Employment Law, Earl M. Jones Iii, Jason R. Dugas, Jennifer A. Youpa

SMU Law Review

No abstract provided.

Toxic Torts And Mass Torts, Brent M. Rosenthal, Misty A. Farris, Amanda R. Tyler

SMU Law Review

No abstract provided.

Shooting Blanks: The Ineffectiveness Of The Protection Of Lawful Commerce In Arms Act, Alden Crow

SMU Law Review

No abstract provided.

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 …

Criminal Procedure Rules Pending Public Comment, David A. Schlueter

Faculty Articles

No abstract provided.

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

The definitions, especially those relating to the issues of what constitutes a security, who may recover, and the territorial reach, determine the scope of the securities acts. The Fifth Circuit issued one decision concerning standing to sue under section 11 of the Securities Act of 1933.

The State Securities Board amended its form for public information charges and billing detail to reflect current fees for public information established by the Texas Building and Procedures Commission. The Board adopted new rules reorganizing the exemption for sales to financial institutions and certain institutional investors under the Texas Securities Act (“TSA”) and reconsidered …

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 …

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?

The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott

Faculty Articles

It is imperative that discussion of emotionally charged issues such as torture or illegal rendition focus on the governing legal standards. The dilemma that confronts the United States and its allies is al-Qa'eda--not a nation-state but a virtual state. Therefore, the rules for fighting the War on Terror face challenges not yet fully appreciated or anticipated by international law, let alone domestic law. The primary international instrument dealing with illegal rendition is the 1984 United Nations Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention).

It is necessary to first define the terms "torture" and …

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 …

The Court Of Appeals For The Fifth Circuit 2004-2005 Disposition Of Insurance Decisions: A Survey And Statistical Review, Willy E. Rice

Faculty Articles

he Court of Appeals for the Fifth Circuit decided twenty-four insurance-related cases between June 2004 and April 2005. Those cases originated in nine federal district courts. Unlike its 2002-2004 rulings, the Court of Appeals did not decide any exceptionally novel or complex substantive or procedural questions. In fact, the Fifth Circuit issued four extremely short per curiam decisions, and in two other cases, presented brief analyses and dispositions of statutes-of-limitations and exhaustion-of-administrative-remedies questions under Louisiana’s law. Although the remaining eighteen cases present a diverse body of law and legal issues, only the more novel and highly questionable Fifth Circuit insurance …

The Effect Of Stationary Uv Excitation On The Optical Behavior Of Electrochemically Self-Assembled Semiconductor Nanowires, Rajesh A. Katkar

Theses and Dissertations

In this work, we investigate the optical response of the semiconductor quantum wire array when excited by stationary UV light. The array is synthesized by selectively electro-depositing the semiconductor material in electrochemically self-assembled porous alumina templates. Our studies are based on the optical behavioral changes in CdS, ZnO, ZnSe and CdSe quantum wires of 50-, 25- and 10-nm diameters. We use a set of generalized Bloch equations to solve the interband polarization function of the semiconductors derived within the Hartree-Fock approximation, and theoretically model the UV excitation effect on the quantum wires. The solutions which consider the effects of screening, …

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 …

The Influence Of Physical Activity And Television On The Intention And Self-Efficacy To Engage In Health-Enhancing Behaviors, Ian Joseph Wallace

Theses and Dissertations

Cancer and heart disease account for the largest proportion of morbidity and mortality among all adult diseases in the United States. Research has focused on identifying causal risk factors among adolescents. However, theories of health behavior change also stress the intermediary factors of intention and efficacy for effective behavior change. Existing research supports the potential of physical activity (PA), particularly learned through the domains of exercise and sport, as a means to developing these necessary skills (Danish, Petitpas, & Hale, 1993). The current investigation examined the influence of PA and television watching (TV) on intentions and efficacy to engage in …

Is Safe Haven Legislation An Efficacious Policy Response To Infant Abandonment: A Biopsychosocial Profile Of The Target Population, Stephanie Mayes Gruss

Theses and Dissertations

This study represents an attempt to describe the extent and features of safe haven legislation in the United States, discuss implementation issues, and to examine if the legislation is reaching its intended target audience in order to answer the question, "Is safe haven legislation an efficacious response to infant abandonment?" Safe havens are designated locations where infants can be anonymously abandoned without fear of prosecution or incarceration. As of May of 2006, forty-seven states have passed such legislation, citing the need for an alternative to unsafe infant abandonment leading to an infant's death, and an alternative to infanticide (the killing …

Membership Functions For A Fuzzy Relational Database: A Comparison Of The Direct Rating And New Random Proportional Methods, Shweta Sanghi

Theses and Dissertations

Fuzzy relational databases deal with imprecise data or fuzzy information in a relational database. The purpose of this fuzzy database implementation is to retrieve images by using fuzzy queries whose common-language descriptions are defined by the consensus of a particular user community. The fuzzy set, which is presentation of fuzzy attribute values of the images, is determined through membership function. This paper compares two methods of constructing membership functions, the Direct Rating and New Random Proportional, to determine which method gives maximum users satisfaction with minimum feedback from the community. The statistical analysis of results suggests the use of Direct …

Urban Growth And Segregation In The Roanoke, Virginia, Metropolis: The Effects Of Low-Density Development On Low-Income Populations And Racial Minorities, Freed Etienne

Theses and Dissertations

This dissertation examines urban growth patterns in the Roanoke, Virginia, metropolis. It draws on the literature of contemporary human ecology and social area analysis to examine the effects of low-density development on low-income populations and racial minorities. The continuous spread of residential development beyond the boundaries of the central city and older suburbs into more distant, once rural areas is segregating the metropolitan area by race and income. Since the prominence of the so-called "Chicago School" of urban sociology (1913-1940), contemporary urban sociologists have outlined theories and methods to examine how American urban areas have changed and why. This dissertation …

Ross Caudill Mfa Sculpture 2006, Ross Steven Caudill

Theses and Dissertations

This thesis overviews my experience during graduate school making tangible,object oriented sculpture. I have been working formally to compose space in a way that develops a narrative between parts. The work is also a bridge between the fields of painting and sculpture, in terms of drawing with form and both painted and local, material color. My palette has mostly consisted of bronze casting, steel fabrication, fiberglass and epoxy resin, paint, the found object, woodworking, and mold making. This work is also conceptually based in showing the hand worked qualities of the materials, the transfer of meaning through casting, and my …

Experimental Study Of The Entrainment Of Nanoparticles From Surfaces, Srirupa Ganguly

Theses and Dissertations

The adhesion and resuspension of nanoparticles is important in applications ranging from semiconductor manufacturing to pollution management. The objective of this work is to understand the effect of particle size on re-entrainment of nanometer scale particles. One of the major contributions is to reduce the randomness introduced in past measurements on resuspension by controlling humidity, temperature, material and the distribution of shape and particle sizes. In the process of studying particle size, the effect of surface roughness was also found. Measurements of the detachment fraction of carbon particles as a function of flow rate show three distinct regimes that we …

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 …

Quantifying The Effects Of Correlated Covariates On Variable Importance Estimates From Random Forests, Ryan Vincent Kimes

Theses and Dissertations

Recent advances in computing technology have lead to the development of algorithmic modeling techniques. These methods can be used to analyze data which are difficult to analyze using traditional statistical models. This study examined the effectiveness of variable importance estimates from the random forest algorithm in identifying the true predictor among a large number of candidate predictors. A simulation study was conducted using twenty different levels of association among the independent variables and seven different levels of association between the true predictor and the response. We conclude that the random forest method is an effective classification tool when the goals …

Southeast Asian Immigrant Women's Perspectives On Domestic Violence, Pataporn Saengkhiew

Theses and Dissertations

This study addresses the question, "What is the lived experience of Southeast Asian immigrant women who live in the United States related to domestic violence, including the relationships with their partners, their knowledge of domestic violence, and the existence of domestic violence in the Asian community?" Fourteen Thai women engaged in semistructured interviews during which they were asked to describe their experience. This study chose the phenomenological approach, using content analysis that identified six major themes representing essential aspects of the experience, as described by the participants: (a) Knowledge about Domestic Violence and Sources of Information, (b) The experience of …

Use Of A Synthetic Substrate For Orthodontic Bond Strength Testing, Elijah B. Saikaly

Theses and Dissertations

In vitro bond strength studies are of great importance and interest since they allow the prediction of clinical success of orthodontic adhesives. There are many studies that have investigated bond strength values of bonding systems. However, due to the variation in the materials and methods employed, it is very difficult and often impossible to make comparisons among data. The use of a substrate as an alternate to enamel for mechanical tests would minimize these variables and reduce the challenges faced with in vitro bond strength tests. The purpose of this study was to investigate the suitability of Macor as a …

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 …

Raubeaux Scientician, Joe W. Grant Iii

Theses and Dissertations

The works contained in "Raubeaux Scientician" are about a triadic relationship between people, science, and art. The obsessions, of individuals and the apparent change brought about by their physical presence guide my artistic research. I am awestruck at the capabilities of the individual to overcome conventional thought and through creative action yield a new vision. Some of the people I am fascinated by put forth theories and inventions that continue to affect myriad aspects of our world today. Among those at the forefront are, Robert Oppenheimer, and Edward Teller. Their contributions to science and mathematics remain almost unmatched. These and …

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.

Implicit Theories Of Weight Management: A Social Cognitive Approach To Motivation, Jeni L. Burnette

Theses and Dissertations

Just as scientists develop general conceptual explanations of the phenomena they investigate, individuals also develop intuitive theories about such human characteristics as intelligence, personality, and athletic ability. These theories, unlike scientist's theories, are not explicitly articulated or documented, and so they are termed implicit theories. Implicit theories, in achievement motivation, distinguish between the belief that human attributes are fixed (entity theory) or malleable (incremental theory) and have been shown to have far-reaching consequences for motivation, goal-orientations, and regulatory strategies in an array of domains. This dissertation extended implicit theories research to the domain of body-weight management. Drawing from an elaborate …

Understanding How African-American Middle School Students Cope With Peer Victimization: A Mixed-Methods Approach, Suzanne C. Linkroum

Theses and Dissertations

A mixed-methods approach was used to determine how African-American middle school students cope with peer victimization and to identify factors that inhibit and promote the use of prosocial coping strategies. In a previous study, participants had been categorized into four social clusters: well-adjusted, rejected, passively-victimized, or aggressively-victimized based on a cluster analysis of self-reported psychosocial variables. Interviews with a sub sample of 80 students focusing on identifying both how students thought they would respond and how they thought they should respond to hypothetical situations involving peer victimization were analyzed. Interviews also elicited factors that would support or impede the use …