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2007

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Review Of The Philosophy Of Positive Law: Foundations Of Jurisprudence, Howard Bromberg Jan 2007

Review Of The Philosophy Of Positive Law: Foundations Of Jurisprudence, Howard Bromberg

Reviews

This meticulously researched book addresses a central question of analytical and philosophical jurisprudence: What is positive law? Throughout his analysis, James Bernard Murphy, author of The Moral Economy of Labor: Aristotelian Themes in Economic Theory (New Haven: Yale University Press, 1993), contrasts positive law with the other two kinds of law that constitute the triad of legal concepts - natural law and customary law. Although they are treated at length in this work, Murphy states in the preface that he intends to write a companion volume on natural law and customary law, "thus completing the foundation of philosophical jurisprudence" (p. …


The Health Of Patient Privacy: The Patient's Perspective On The Hipaa Protected Health Information, Deborah Lange-Kuitse Jan 2007

The Health Of Patient Privacy: The Patient's Perspective On The Hipaa Protected Health Information, Deborah Lange-Kuitse

Dissertations

Problem

As healthcare entities continue to focus on HIPAA compliance, they must enforce policies that require patients to sign and express understanding of the organization’s privacy policies. It appears the patient’s perspective on healthcare privacy has not been considered within the HIPAA privacy ruling. Patients are healthcare consumers, yet little research has been done on assessing the individual consumer’s perspective on what Protected Health Information (PHI) is actually important to protect and from whom it is important to protect it.

Method

A quantitative survey was developed and distributed to the participants of the Carnegie group, an independent insurance firm in …


The Report: Fall 2007, Recreation, Parks, & Tourism Administration; California Polytechnic University - San Luis Obispo Jan 2007

The Report: Fall 2007, Recreation, Parks, & Tourism Administration; California Polytechnic University - San Luis Obispo

The Report

No abstract provided.


Inside Story: An Arts-Based Exploration Of The Creative Process Of The Storyteller As Leader, Heather Forest Jan 2007

Inside Story: An Arts-Based Exploration Of The Creative Process Of The Storyteller As Leader, Heather Forest

Antioch University Dissertations & Theses

Storytelling is one of humanity's oldest art forms and an enduring educational method. Stories can spark social change. Although storytelling is tacitly recognized in diverse social science domains as a communication medium used to powerfully transmit leadership vision and ideas, little empirical research has been reported about how a teller constructs and tells a story. Through qualitative, arts-based methods, this heuristic study examines and describes the lived experience of a storyteller composing and performing a tale on issues of peace, justice, and social change. It reflects on the teller as leader and identifies a palette of arts-based skills for change …


A Communicative Theory Of Leadership Practice, Kathryn Ann Gaines Jan 2007

A Communicative Theory Of Leadership Practice, Kathryn Ann Gaines

Antioch University Dissertations & Theses

Addressing three problems in the field of leadership studies - fragmentation across disciplines; emphasis on individual leaders in titled positions; failure to identify a coherent set of actions for performing leadership - this study develops a framework of core communicative leadership practices. It is premised on a philosophical analysis of leadership as a social strategy for securing action in service of interests claimed by or for a community - an action performed intentionally via symbolic behavior accessible to any and all members of a community. This definition serves as a heuristic for the development of a systematic theory of leadership …


Resource Reviews, Phyllis Fox Jan 2007

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.


Rural Libraries Of Romania, Libraries And The Information Infrastructure Of Rural Romania, Mary Ann Buhler Jan 2007

Rural Libraries Of Romania, Libraries And The Information Infrastructure Of Rural Romania, Mary Ann Buhler

The Christian Librarian

In May 2005 faculty and students from Emporia State University and Ball State University visited Lunca Ilvei, a small mountain village in rural Romania, to gather qualitative information on its information infrastructure. Researchers interviewed diverse village residents, taking field notes, documenting field observations, and conducting surveys, all recorded photographically.

This paper focuses on Lunca Ilvei’s libraries and how they fit into the village’s information structure. It reports on the research findings and suggests ways to help village residents address their information needs.


Resource Reviews, Phyllis Fox Jan 2007

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.


Transactional Economics: Victor Goldberg's Framing Contract Law, Mark P. Gergen, Victor P. Goldberg, Stewart Macaulay, Keith A. Rowley Jan 2007

Transactional Economics: Victor Goldberg's Framing Contract Law, Mark P. Gergen, Victor P. Goldberg, Stewart Macaulay, Keith A. Rowley

Faculty Scholarship

Professor Mark Gergen: Thank you. It is an honor to speak to this group and to be on a panel with Stewart Macaulay, Keith Rowley, and Victor Goldberg. I have an enormous amount of respect for the three. Keith had the misfortune of being a student of mine in Federal Income Tax.

Framing Contract Law offers a wealth of information about familiar cases. Victor argues that in construing contracts, courts should be attentive to how people engineer contracts to minimize transaction costs. He shows that courts often err in this regard, imposing unnecessary costs. To make his case, Victor delves …


Law And Society Approaches To Cyberspace, Paul Schiff Berman Jan 2007

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …


Global Legal Pluralism, Paul Schiff Berman Jan 2007

Global Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This Article grapples with the complexities of law in a world of hybrid legal spaces, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes. In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations. Thus, instead of trying to stifle conflict either through an imposition of sovereigntist, territorially-based, …


A Survey Of Terrorism And Human Rights In Uganda, Arika Long Jan 2007

A Survey Of Terrorism And Human Rights In Uganda, Arika Long

Human Rights & Human Welfare

Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …


The Roma: During And After Communism, Florinda Lucero, Jill Collum Jan 2007

The Roma: During And After Communism, Florinda Lucero, Jill Collum

Human Rights & Human Welfare

The Roma are an interconnected ethnic and cultural group that migrated out of India more than ten centuries ago. In the Czech Republic, they may have been present since the 15th century. Although relations within Czech lands began honorably, they quickly disintegrated into enmity and within a century Czechs could kill the Roma with impunity. Legislation restricting Roma movement came about in 1927 with Law 117: the “Law on Wandering Gypsies,” which stated that the Roma were now required to seek permission to stay overnight in any given location. In the run-up to World War II, parallel restrictions to those …


Learning 2.0 At Sjsu And Sjpl, Susan L. Kendall Jan 2007

Learning 2.0 At Sjsu And Sjpl, Susan L. Kendall

Faculty and Staff Publications

No abstract provided.


Requirements For Evaluating The Performance Of Individual Fishing Quota (Ifq): A Legal Analysis, Tory Randall Jan 2007

Requirements For Evaluating The Performance Of Individual Fishing Quota (Ifq): A Legal Analysis, Tory Randall

Sea Grant Law Fellow Publications

No abstract provided.


Comparative Law, Edward J. Eberle Jan 2007

Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The Evolution Of Language Universals: Optimal Design And Adaptation, Huck Turner Jan 2007

The Evolution Of Language Universals: Optimal Design And Adaptation, Huck Turner

Other Faculty of Science and Engineering Theses

Inquiry into the evolution of syntactic universals is hampered by severe limitations on the available evidence. Theories of selective function nevertheless lead to predictions of local optimaliiy that can be tested scientifically. This thesis refines a diagnostic, originally proposed by Parker and Maynard Smith (1990), for identifying selective functions on this basis and applies it to the evolution of two syntactic universals: (I) the distinction between open and closed lexical classes, and (2) nested constituent structure. In the case of the former, it is argued that the selective role of the closed class items is primarily to minimise the amount …


Mis-Guided Exploration Of Cities: An Ambulant Investigation Of Participative Politics Of Place, Simon Bernard Persighetti Jan 2007

Mis-Guided Exploration Of Cities: An Ambulant Investigation Of Participative Politics Of Place, Simon Bernard Persighetti

Other Faculty of Arts, Humanities and Business Theses

The politics of place and walking as an arts practice form the core concerns of my research. The research is being conducted with particular reference to the ongoing Mis-Guide projects, conceived and produced by the site-specific arts company, Wrights & Sites, of which I am a member. Our apparent rejection of performance-making for an audience has led to walking with spectators as collaborators in the work, and has made the physical journeys and verbal exchanges along the way an integral part of the practice. Through this work, which revolves around place, site-specific arts and urban walking, I am harnessing existing …


Shared Habitats: The Moverwitness Paradigm, Eila Goldhahn Jan 2007

Shared Habitats: The Moverwitness Paradigm, Eila Goldhahn

Other Faculty of Arts, Humanities and Business Theses

This practice-led research thesis analyses and visualises central components of Authentic Movement, with particular reference to the work of Dr Janet Adler. By contextualising and comparing this improvisation method with modern, post-modern and contemporary movement practices the author describes the emergence of Authentic Movement and distinguishes it from other practices. A new and original viewpoint is adopted and the practice's aesthetic, visual and empathetic characteristics are explored in relationship to and through visual art. The author, a learned Authentic Movement practitioner, critiques, deconstructs and reframes the practice from a visual arts- and performance-based, phenomenological perspective renaming it 'the MoverWitness exchange'. …


Vesica: Using Neolithic British Ritual Art And Architecture As A Model For Making Contemporary Art, Michael Pearce Jan 2007

Vesica: Using Neolithic British Ritual Art And Architecture As A Model For Making Contemporary Art, Michael Pearce

Other Faculty of Arts, Humanities and Business Theses

Can the creative practices of British Neolithic art and architecture be used in the making of contemporary art? This dissertation describes my practice making works of art based on the Neolithic model, presented in a gallery setting and occasionally in the landscape. The creative process is grounded on research into prehistoric British art and ritual architecture and records my process of understanding the work of ancient Britons as a framework for the concurrent process of making new objects for display. Without extensive research and direct experience of the Neolithic art and architecture I would not have been able to create …


Gestures Towards Emptiness: An Exploration Of Ritual With Reference To Buddhist Tradition And Innovation, Luise Holtbernd Jan 2007

Gestures Towards Emptiness: An Exploration Of Ritual With Reference To Buddhist Tradition And Innovation, Luise Holtbernd

Other Faculty of Arts, Humanities and Business Theses

This thesis is a cross-relational enquiry into the nature of ritual as the subject of arts-based research. It can be described as ritual-led; or as an artist's manifestation of ritual. The core of the submission consists in an exhibition, comprising 30 pieces of framed, wall-hung artwork; 3 artist's books; some small-scale sculptural work and a documentary film. The research is concerned with parallel, related disciplines and modes of working: visual art, music, general ritual studies, pedagogy and the practice of Buddhist meditation and ritual. The following areas are being addressed: 1. The context of ritual in general, and Buddhist ritual …


Tarmac Cowboys : An Ethnographic Study Of The Cultural World Of Boy Racers, Zannagh Hatton Jan 2007

Tarmac Cowboys : An Ethnographic Study Of The Cultural World Of Boy Racers, Zannagh Hatton

Other Faculty of Arts, Humanities and Business Theses

Through my varying degrees of engagement with the street car culture which existed around the area where I lived in Cornwall, I had become aware of the extent to which cars played an important role and represented the norm of daily discourse, entered into by others, and particularly young men. Yet as one of the dominant forms of mobility, the car appears to have been a neglected topic within sociology, cultural studies and related disciplines. Furthermore, I was unable to find a great deal of academic literature on the combined subjects of young men and motorcars, and in particular how …


Towards A Phenomenological Theory Of The Visceral In The Interactive Arts, Diane J. Gromala Jan 2007

Towards A Phenomenological Theory Of The Visceral In The Interactive Arts, Diane J. Gromala

Other Faculty of Science and Engineering Theses

This thesis explores the ways in which certain forms of interactive art may and do elicit visceral responses. The term "visceral" refers to the cardiovascular, respiratory, uro-genital and especially excretory systems that affect mind and body on a continuum of awareness. The "visceral" is mentioned in the field of interactive arts, but it remains systematically unexplored and undefined. Further, interactive artworks predominantly focus on the exteroceptive (stimuli from outside) rather than the interoceptive (stimuli arising within the body, especially the viscera) senses. The existentialist phenomenology of Maurice Merleau-Ponty forms the basis for explorations of the visceral dimension of mind/body. New …


Catalog Denison University 2007-2008 Jan 2007

Catalog Denison University 2007-2008

Denison University Catalogs

Denison University Course Catalog 2007-2008


Una Economía Política De La Memoria En La Comisión De La Verdad Sudafricana, Kenneth Christie Jan 2007

Una Economía Política De La Memoria En La Comisión De La Verdad Sudafricana, Kenneth Christie

All Works

This article assess how the South African Truth Commission was embedded in politics of memory about the past and how these different versions of that past affected the outcomes of the TRC. It will emphasize the past as a negotiated political settlement, one wich would ultimately limit the TRC'S effect. It will also discuss how part of the role of a Truth Commission is to legitimize the transition of power and the new power strata while serving to de-legitimize the old apparatus of power.


Roles And Attitudes Of Males And Females In The Anarchist Punk Community, Donna M. Manion Jan 2007

Roles And Attitudes Of Males And Females In The Anarchist Punk Community, Donna M. Manion

Theses and Dissertations

Sexism is a widespread social problem that exists throughout the world today. It persists within the dominant culture, as well as in various subcultures, including the punk subculture (Daugherty 2002; Leblanc 1999; McRobbie 1991; Rosenberg and Garofalo 1998). Nijole Benokraitis and Joe Feagin's (1995) theory of sexism posits that subtle sexism is the unequal and harmful treatment of women that is typically less visible than blatant sex discrimination. This particular type of sexism may often go unnoticed, as society has internalized subtle sexist behaviors. Empirical research on subtle sexism has been conducted in various settings, such as the employment, academic, …


Pedagogical Fusion, David Maurice White Jan 2007

Pedagogical Fusion, David Maurice White

Theses and Dissertations

During the five semesters that I have been at VCU I have learned a great deal from the courses that I have been enrolled in but I have learned the most through my experiences as a Teaching Assistant. These experiences have been so valuable because of the wide range of subject areas in which I have been involved and the diverse instructors that I have assisted. Although I hesitate to use the word "problem" I feel that there is a tendency in teacher training for a student to latch onto one professor and model their teaching practices after that one …


Overweight And Obesity: A Comparative Study Of Black And White Non-Hispanic Women In The United States, Fai R. Howard Jan 2007

Overweight And Obesity: A Comparative Study Of Black And White Non-Hispanic Women In The United States, Fai R. Howard

Theses and Dissertations

The population of the United States is increasingly gaining weight each year.Americans are heavier than they have ever been. African American women are at the forefront of this pandemic. This study addresses the higher prevalence of overweight and obesity among African American women in comparison to White women. Behavioral, psychological, and social known contributors to overweight and obesity using the National Health Interview Survey, 2001 dataset were examined in this study. The research concluded that even when controlling for vigorous exercise, education, income, depression, emotional support, smoking, health coverage, and age, race is the most important predictor of body mass …


Seeing It Straight, Heather Harvey Jan 2007

Seeing It Straight, Heather Harvey

Theses and Dissertations

This Master of Fine Arts thesis is divided into four main sections:FAITH and DISBELIEF: In which I reckon with the implications of faith versus rationality as a secular nontheistic artist. IDEAS: The central locus of my work is a place of indeterminacy between what is known/familiar and what is just one step outside of that. This has nothing to do with mysticism, science fiction, or anything else unmoored from established fact. Section also touches on the particular vantage of a female artist with working class roots.THE WORK: Selection of work made during graduate school, and the the guiding thoughts behind …


My Story In A Profession Of Stories: Auto Ethnography - An Empowering Methodology For Educators, Michael Dyson Jan 2007

My Story In A Profession Of Stories: Auto Ethnography - An Empowering Methodology For Educators, Michael Dyson

Australian Journal of Teacher Education

This paper highlights a distinctive way to research and present issues within education using metaphor and the qualitative narrative methodology known as auto ethnography. Auto ethnographic writing links the personal to the cultural and is recognised as a methodology that combines the method with the writing of the text, which in turn explicates the personal story, or journey of the writer, within the culture in which the investigation, or experience, takes place. Although auto ethnography has not been common within education its value and the perception of its worth is changing. This paper uses auto ethnography to investigate and relate …