Digital Commons Network^™

The Disgorgement Interest In Contract Law, Melvin A. Eisenberg

Michigan Law Review

Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however a fourth interest that contract law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …

Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey

Michigan Law Review

Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.

International Social Work, Globalization And The Challenge Of A Unipolar World, James Midgley

The Journal of Sociology & Social Welfare

This summer, two international social work organizations - the International Federation of Social Workers (IFSW) and the International Association of Schools of Social Work (IASSW) - will again host their regular biannual conferences. IFSW will meet in Munich, Germany in July while IASSW will meet in Santiago, Chile in August. These meetings will bring social workers from many different countries together to share ideas and experiences, and to discuss issues of common interest. Social workers have been meeting under the auspices of these two organizations for more than seventy years and today both organizations play a vital role in promoting …

Letters To The Editor Regarding Nasw Press Censorship Issue, Marcia B. Cohen, Richard Hoefer, Tony Tripodi, Stanley L. Witkin, Elizabeth J. Clark

The Journal of Sociology & Social Welfare

LETTERS TO THE EDITOR REGARDING NASW PRESS CENSORSHIP

• Marcia B. Cohen, Co-editor, Journal of Progressive Human Services
• Richard Hoefer, Editor, Journal of Policy Practice
• Tony Tripodi, Former Editor of Social Work Research Former Co-editor of Journal of Social Work Research and Evaluation
• Stanley L. Witkin, Former Editor-in-Chief, Social Work
• Elizabeth J. Clark, Executive Director, National Association of Social Workers (NASW)

Nineteenth Century Review Of Mental Health Care For African Americans: A Legacy Of Service And Policy Barriers, Tony B. Lowe

The Journal of Sociology & Social Welfare

The need to focus on service and policy barriers to mental health service delivery for African Americans remains critical. The purpose of this article is to review nineteenth century care as a method for understanding contemporary service and policy barriers. A case study strategy is used to compare the efforts of Pennsylvania and South Carolina using primary and secondary sources to document these developments through a political economy perspective. These findings suggest that the prevailing social, political and economic realities have created mental health disparities along racial lines. Existing barriers are likely rooted in this same reality.

"Seen And Not Heard" Sociological Approaches To Childhood: Black Children, Agency And Implications For Child Welfare, Mekada Graham, Emily Bruce

The Journal of Sociology & Social Welfare

In this article, the authors consider the socio-historical conceptions of childhood in relation to Black children and their unique relationship with child welfare institutions. Against this background we apply models of childhood to issues of race and social agency and argue that these elements have been inadequately addressed in developmental models of childhood. Following these concerns, we present a social model of childhood and consider how these distinct and different ways of understanding children might be applied to child welfare practice. This child centered approach presents a unique opportunity to incorporate the differential positioning of Black children in the wider …

Ethiopian Language Policy And Health Promotion In Oromia, Begna Dugassa

The Journal of Sociology & Social Welfare

In the time of HIV/AIDS, epidemics for which we have no vaccination or cure, public health is bound entirely to depend on the traditional health education strategies to stop or contain this disease. This reality demands that we travel extra miles and thoroughly employ every health promotion tool at our disposal. The Ottawa Charter for health promotion stressed the need for public policy to create supportive social conditions for health. This necessitates a commitment to enduring social conditions for health and raises topics that have been neglected by the traditional public health scholars. A close examination of the colonial language …

Health Care Poverty, Lisa Raiz

The Journal of Sociology & Social Welfare

This paper introduces and describes health care poverty. Underinsurance and its consequences for access to health care are highlighted. Definitions of underinsurance and its prevalence are presented. Groups that experience disproportionate barriers to obtaining medical care are identified. Manifestations of underinsurance are explicated and their relationship to receipt of medical care, such as vaccinations and medications is discussed. A refraining of the health care debate is suggested with emphasis moving from uninsurance to access to health care.

The Use Of Critical Ethnography In Managed Mental Health Care Settings, Cassandra L. Bransford

The Journal of Sociology & Social Welfare

How social workers in managed mental health care settings exercise their professional authority may have profound consequences for the provision of ethical and value-based services to vulnerable populations. Building upon Gidden's theory of structuration, this article describes the use of critical ethnography as a specific research methodology that may support social workers in the exercise of their authority. This article examines the historical roots of critical ethnography and provides a detailed examination of its underlying assumptions and research procedures. The article concludes with a case example of a critical ethnography conducted within a managed mental health care setting.

Review Of Beyond Segregation: Multiracial And Multiethnic Neighborhoods In The United States. Michael T. Maly. Reviewed By Christopher R. Larrison., Christopher R. Larrison

The Journal of Sociology & Social Welfare

Book review of Michael T. Maly, Beyond Segregation: Multiracial and Multiethnic Neighborhoods in the United States. Philadelphia, PA: Temple University Press, 2005. $68.50 hardcover, $22.95 papercover.

Review Of Freud's Free Clinics: Psychoanalysis And Social Justice, 1918-1938. Elizabeth Ann Danto. Reviewed By Leslie Leighninger., Leslie Leighninger

The Journal of Sociology & Social Welfare

Book review of Elizabeth Ann Danto, Freud's Free Clinics; Psychoanalysis and Social Justice, 1918-1938. New York: Columbia University Press, 2005. $ 29.50 hardcover.

Review Of What's Wrong With Children's Rights. Martin Guggenheim. Reviewed By Dorinda N. Noble., Dorinda N. Noble

The Journal of Sociology & Social Welfare

Book review of Martin Guggenheim, What's Wrong with Children's Rights. Cambridge, MA: Harvard University Press, 2005. $27.95 hardcover.

Review Of Disease And Democracy: The Industrialized World Faces Aids. Peter Baldwin. Reviewed By Ronald J. Mancoske., Ronald J. Mancoske

The Journal of Sociology & Social Welfare

Book review of Peter Baldwin, Disease and Democracy: The Industrialized World Faces AIDS. Berkeley, CA: University of California Press, 2005. $44.95 hardcover.

Multiracial America: A Resource Guide On The History And Literature Of Interracial Issues. Karen Downing, Darlene Nichols, And Kelly Webster., Rose M. Barreto

The Journal of Sociology & Social Welfare

Book note for Karen Downing, Darlene Nichols and Kelly Webster, Multiracial America: A Resource Guide on the History and Literature of Interracial Issues. Lanham, MD: Rowan & Littlefield, 2005. $35.00.

The Origins Of Social Work. Malcolm Payne.

The Journal of Sociology & Social Welfare

Book note for Malcolm Payne, The Origins of Social Work. New York: Palgrave, 2005. $ 75.00 hardcover, $ 26.95 papercover.

Advocacy Practice For Social Justice. Richard Hoefer.

The Journal of Sociology & Social Welfare

Book note for Richard Hoefer, Advocacy Practicef or Social Justice. Chicago, IL: Lyceum Books, 2005. $ 29.95 papercover.

Clinical Viability Study Of Preattentive Visual Search Glaucoma, James Loughman

Doctoral

Background/Aim: Previous research has shown that several clinical conditions cause increased pre-attentive visual search (PAVS) times, implying reduced parallel search capabilities in glaucoma, DLB dementia and Parkinson’s disease. The purpose of the research reported here was two-fold • To examine for the first time the effect of a number of variables on PAVS performance including optical blur, age, retinal eccentricity and perceptual learning. Such investigations are designed to elucidate the nature of best clinical practise and to determine whether the test remains viable in the presence of such potentially confounding variables. • To analyse the efficiency of PAVS in cases …

Heavens In The Tent, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

Judgment, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

Article, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

The Sacred Tent Of The Cohen, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

Recent Books, Jacques B. Doukhan

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

A Constitutional Amendment To Reform Kentucky’S Courts, Kurt Metzmeier

Faculty and Staff Scholarship

Responding to a confused patchwork of trial courts with overlapping jurisdiction, uneven justice around the state, and a growing backlog of appellate cases, voters in Kentucky went to the polls on November 4, 1975, to approve a sweeping constitutional amendment that radically revised Kentucky’s court system. Although reformers had decried Kentucky’s confusing court system since the 1940s, the real roots of the revision of the judicial article can be found in the failed movement in the late 1960s to replace Kentucky’s 1891 constitution. Unbowed by the defeat, judicial reformers immediately set out to pass a separate amendment reforming the courts, …

History Of The Courts Of Kentucky, Kurt Metzmeier

Faculty and Staff Scholarship

A survey of the history of Kentucky courts from the foundation of the commowealth in 1792 to the ratification in 1891 of the state's fourth constitution.

Sleep Deprivation And Its Associated Factors Among General Ward Patients At A Tertiary Care Hospital In Pakistan, Majid Shafiq, Farah F. Salahuddin, Maham Siddiqi, Zaman Shah, Rehmat Ali, Rizwan A. Siwani, Ayesha Saleem, Kashif Shakoor Shaikh, Ali Khan Khuwaja

Community Health Sciences

Objective: To estimate the occurrence rate of sleep deprivation and to identify the environmental, staff-related and patient-related factors associated with SD among general ward patients of a tertiary care hospital in Pakistan.Methods: In a cross-sectional study, a pre-tested questionnaire was administered to 108 patients admitted into the general medical and general surgical wards of Aga Khan University Hospital, Karachi.Results: In all, 50 (46.3%) respondents felt deprived of adequate sleep in the hospital. Worry about illness disturbed the night-time sleep of 47 (43.5%) patients; most of these had SD (70%) (p < 0.001). Other patients' noise disturbed 31.5% of study subjects and a significant majority (68%) of these had SD (p = 0.003). Over 17% of study subjects reported cell phone's ringing as a disturbing factor; more by those with SD (68%) compared to those with no SD (32%); again the difference was significant (p = 0.003). Physical discomfort and presence of cannula were reported as disturbing factors by 41.7% and 28.7% of the study subjects respectively but these were not significantly associated with SD.CONCLUSION: Our study revealed that sleep deprivation occurs commonly among general ward patients in tertiary care setting. Factors found to be associated with SD were amenable to modification to a greater extent.

Machine Learning For Computer Security, Philip K. Chan, Richard P. Lippmann

Electrical Engineering and Computer Science Faculty Publications

The prevalent use of computers and internet has enhanced the quality of life for many people, but it has also attracted undesired attempts to undermine these systems. This special topic contains several research studies on how machine learning algorithms can help improve the security of computer systems.

Inter-Turn Fault Diagnosis In Induction Motors Using The Pendulous Oscillation Phenomenon, Behrooz Mirafzal, Richard J. Povinelli, Nabeel Demerdash

Electrical and Computer Engineering Faculty Research and Publications

A robust interturn fault diagnostic approach based on the concept of magnetic field pendulous oscillation, which occurs in induction motors under faulty conditions, is introduced in this paper. This approach enables one to distinguish and classify an unbalanced voltage power supply and machine manufacturing/construction imperfections from an interturn fault. The experimental results for the two case studies of a set of 5-hp and 2-hp induction motors verify the validity of the proposed approach. Moreover, it can be concluded from the experimental results that if the circulating current level in the shorted loop increases beyond the phase current level, an interturn …

Dialectical Inquiry: A Structured Qualitative Research Method, Eli Berniker, David E. Mcnabb

The Qualitative Report

This paper presents Dialectical Inquiry (DI) as a structured qualitative research method for studying participant models of organizational processes. The method is applied to rich secondary anecdotal data on technology transfer, gathered by subject-matter experts in a large firm. DI assumes that the imposition of a dialectical structure will produce emergent theories in tacit use by organizational actors. As such, it serves as a meta-structure for grounded rese arch. Three competing models were discovered in the data. Each model was analyzed in the context of other models to reveal governing assumptions and counter assumptions. It is demonstrated that each model …

Negotiated Boundaries: Conceptual Locations Of Pregnancy And Childbirth, Shannon Houvouras

The Qualitative Report

Dominant notions of reproduction perceive childbearing as physical processes that take place within women’s bodies. This perception undermines non-physical components and removes men from the process. This project uses social constructionism to explore the locations women describe pregnancy and childbirth taking place in their childbearing narratives. Based on in-depth interviews with 15 mothers, findings reveal that women conceptualize childbearing as taking place in multiple locations: (1) within the female body, (2) within both the female body and a non-physical realm (e.g., emotional) of one or both partners, (3) detached from any particular location, and (4) within both partners’ bodies. Conceptualizing …

A Critique Of The Capacity Of Strauss’ Grounded Theory For Prediction, Change, And Control In Organisational Strategy Via A Grounded Theorisation Of Leisure And Cultural Strategy, Ali Bakir, Vian Bakir

The Qualitative Report

In this paper we critique grounded theory’s ability to fulfil its aim of offering a practical vehicle for prediction, change, and control as stipulated in grounded theory’s original formulation by Glaser and Strauss, and later developed by Strauss. We do this through a case study approach, whereby we develop a grounded theory of leisure and cultural strategy within a local authority, and critically reflect on the process of grounded theorisation, together with its implications for generating practical tools in that most practical of academic fields; organisational strategy. We demonstrate that despite generating good grounded theory on leisure and cultural strategy, …