Digital Commons Network^™

Eu Climate Change Policy: The Challenge Of New Regulatory Initiatives, By Marjan Peeters And Kurt Deketelaere, Benjamin J. Richardson

Articles & Book Chapters

No abstract provided.

…There Are Parts Of The World Were Things Are Badly Wrong...': Forum Selection Clauses And Unfair Jurisdictions, Janet Walker, Stefan Rutzel, Sylvia Wunsche

Articles & Book Chapters

This article considers the defences that may be available to judgment debtors who face enforcement actions in respect of judgments from unfair jurisdictions.

Acculturative Stress, Social Support, And Coping: Relations To Psychological Adjustment Among Mexican American College Students, Lisa J. Crockett, Maria I. Iturbide, Rosalie A. Torres Stone, Meredith Mcginley, Marcela Raffaelli, Gustavo Carlo

Department of Psychology: Faculty Publications

This study examined the relations between acculturative stress and psychological functioning, as well as the protective role of social support and coping style, in a sample of 148 Mexican American college students (67% female, 33% male; mean age = 23.05 years, SD = 3.33). In bivariate analyses, acculturative stress was associated with higher levels of anxiety and depressive symptoms. Moreover, active coping was associated with better adjustment (lower depression), whereas avoidant coping predicted poorer adjustment (higher levels of depression and anxiety). Tests of interaction effects indicated that parental support and active coping buffered the effects of high acculturative stress on …

On The Use Of Multilevel Modeling As An Alternative To Items Analysis In Psycholinguistic Research, Lawrence Locker Jr., Lesa Hoffman, James A. Bovaird

Department of Psychology: Faculty Publications

The use of multilevel modeling is presented as an alternative to separate item and subject ANOVAs (F₁ x F₂) in psycholinguistic research. Multilevel modeling is commonly utilized to model variability arising from the nesting of lower level observations within higher level units (e.g., students within schools, repeated measures within individuals). However, multilevel models can also be used when two random factors are crossed at the same level, rather than nested. The current work illustrates the use of the multilevel model for crossed random effects within the context of a psycholinguistic experimental study, in which both subjects …

Ecological Momentary Assessment Of Older Women's Health, Janice Penrod, Jeremy B. Yorgason, Susan J. Loeb, Chin-Fang Liu, Lesa Hoffman, Sarah H. Gueldner, Leonard W. Poon

Department of Psychology: Faculty Publications

Living with chronic co-morbidities implies long-lasting, always present conditions associated with highly variable health trajectories. In this study, ecological momentary assessment was used to explore nine older women's experiences of living with co-morbidities. Each participant completed a daily diary, which focused on 10 variables related to energy, pain, effort expended, and an overall health rating, for 21 days. Hierarchical linear modeling was used to explore intra-individual variation in daily health experiences and health-related burden, and determine the extent to which health-related burden was related to daily health experiences. Each of the daily health experience variables sipiificantly predicted health-related burden. Over …

A Dubious Grail: Seeking Tort Law Expansion And Limited Personhood As Stepping Stones Toward Abolishing Animals' Property Status, Richard L. Cupp Jr.

SMU Law Review

No abstract provided.

First Amendment - Government Employees - The Tenth Circuit Determines That Speaking Spanish Is Not An Issue Of Public Concern And Misapplies The Mount Healthy Test To A Prior Restraint Claim, Leah Bhimani

SMU Law Review

No abstract provided.

Texas Should Adopt The Uniform Assignment Of Rents Act: A Comprehensive Statute To Eliminate The Technical Constructions Of State Mortgage Law And Secure Lenders' Access To Pledged Rents, Amanda L. Burcham

SMU Law Review

No abstract provided.

The Proper Focus For Fda Regulations: Why The Fundamental Right To Self-Preservation Should Allow Terminally Ill Patients With No Treatment Options To Attempt To Save Their Lives, Alissa Puckett

SMU Law Review

No abstract provided.

Civil Evidence, Angela C. Zambrano, Margaret H. Allen, Aimee N. Blanchard

SMU Law Review

No abstract provided.

Corporations, Glenn D. West, Emmanuel U. Obi

SMU Law Review

No abstract provided.

Real Property, J. Richard White, J. Kenneth Kopf, G. Roland Love

SMU Law Review

No abstract provided.

Wills And Trusts, Gerry W. Beyer

SMU Law Review

No abstract provided.

Right To Health Care In The United States: Local Answers To Global Responsibilities, The, Marcela X. Berdion

SMU Law Review

No abstract provided.

America’S First Feral Hog War, Michael R. Conover

Human–Wildlife Interactions

This issue of Human-Wildlife Conflicts focuses on the management of feral hogs (Sus scrofa). As this exotic species has become more numerous and has expanded its range in North America, its adverse impacts on both our nation’s agriculture and environment are becoming more apparent and alarming. How best to manage feral hogs has become one of the most vexing questions for wildlife agencies today, owing to society’s mixed attitudes towards feral hogs (Rollins et al. 2007). Environmentalists and farmers want feral hogs eradicated. Others, especially those who enjoy hunting them, are rooting (pun intended) for the continued expansion …

A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein

Faculty Publications

Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …

Arkansas Producers’ Attitudes Toward The 2002 Farm Bill And Preferences For The 2007 Farm Bill, Misti Clark, Eric Wailes

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

The Federal Security and Rural Investment Act of 2002, otherwise known at the 2002 Farm Bill, contains current legislation regarding federal public policies and programs for U.S. food and agriculture. This legislation will expire in 2007 and thus new legislation will be developed. It is important to have farm producers’ input for developing this legislation because the policies and programs influence their business practices and livelihoods. The purpose of this study was to determine Arkansas producers’ attitudes toward current and future farm legislation based on an analysis of a survey administered to Arkansas farm producers in summer 2006. The main …

Standards-Based Mathematics Curriculum And Hispanic Middle School Students’ Attitudes And Classroom Experiences, James A. Telese

Teaching and Learning Faculty Publications

Sixth-grade, Mexican American, middle school students completed a survey which gauged attitudes toward mathematics and the frequency of traditional and nontraditional classroom activities, following the implementation of a standardsbased curriculum. Analysis of variance procedures were conducted using Gender, Ethnicity, and School as main factors. The results indicated that on average students held favorable attitudes toward mathematics, and they experienced primarily nontraditional classroom activities. There was a significant gain in achievement scores as measured by the Texas Assessment of Knowledge and Skills test. The implications are that a standards-based curriculum promotes favorable attitudes in middle school mathematics students and encourages teachers …

Market Research Databases: Comparison Of Mintel Reports Academic, Market Line Business Information Center, And Global Market Information Database, Leticia Camacho

Faculty Publications

Business students come to the library looking for quantitative and qualitative marketing research. They request sources containing information about a market, customers, potential competitors, and trends in a specific industry in order to work on a business plan, an entrepreneur-ship project, or a research paper. This review compares three databases that are useful for finding market research information. Global Market Information Database (GMID) was previously reviewed in Volume 12,Issue 1, but is included here to allow for comparisons to Mintel and MarketLine.

A Prescription For California's Ailing Inmate Treatment System: An Independent Corrections Ombudsman, Arthur L. Alarcon

UC Law Journal

California's prison system is totally broken and in urgent need of reform on many fronts. Over the past twenty-five years, California's inmate population has grown over 500%, the number of institutions has nearly tripled, and prison litigation costs have escalated tremendously. In 2004, California Governor Arnold Schwarzenegger convened the Corrections Independent Review Panel to assess issues affecting the prison system. The Panel presented a number of possible solutions to the problems faced by California's prisons, but sweeping new reforms are still needed if the entire system is to be overhauled effectively and brought into compliance with constitutional requirements.

Among the …

Giving Birth: The Voices Of Russian Women, Lynn Clark Callister, Natalia Getmanenko, Natalia Garvrish, Marakova Olga Eugenevna, Zotina Nataliya Vladimirova, Jane H. Lassetter, Natalia Turkina

Faculty Publications

Purpose: To gain an understanding of the meaning of childbirth to women living in St. Petersburg, the Russian Federation.

Study Design and Method: Twenty-four Russian women who had given birth in the past 6 months participated in this phenomenological study and were interviewed and audio-taped about the meaning of childbirth. Data collection and analysis occurred concurrently.

Results: The Russian sociocultural context of childbirth was identified in specific themes: (1) adhering to cultural traditions, (2) accessing information, (3) maintaining a healthy lifestyle, (4) articulating the spiritual and emotional meaning of giving birth, and (5) transforming as a mother and a person. …

The Effects Of Immediate And Delayed Feedback On Secondary Distance Learners, Duane C. Lemley, Richard Sudweeks, Scott L. Howell, R. Dwight Laws, Octavia Sawyer

Faculty Publications

This study explores the effects of immediate and delayed feedback for 2 noncohort groups of high school students enrolled in distance learning courses at Brigham Young University. One group received immediate feedback while the second group received delayed feedback. Those students receiving immediate feedback performed significantly better on final exams, but those who received delayed feedback completed courses in significantly less time. The findings promise to inform best practices for providing feedback to secondary students in a distance learning setting and also give cause for further research.

Soyinka, Tutu, And The Globalization Of African Humanism, Aaron Eastley

Faculty Publications

In an article dated 13 March 2006, the British weekly New Statesman reported on the latest social intervention of the “most popular priest on the planet” (Campbell), former Anglican Archbishop Desmond Tutu of South Africa. Nobel Peace Prize recipient Tutu, famous for his chairmanship of the South African Truth and Reconciliation Commission, was negotiating a series of televised meetings between former Protestant paramilitaries from Northern Ireland and the surviving family members of people they had murdered. A reality TV spin-off with a suspiciously voyeuristic strain, the three-part BBC2miniseries “Facing the Truth”—an obvious reference to the South African TRC—was deemed “daring” …

Incentive And Expectation In Copyright, Sara K. Stadler

UC Law Journal

In this Article, the author reveals a fundamental flaw in how courts and scholars have come to reason about copyright law. Creators expect to be rewarded for engaging in the labor of creation, and one of those rewards is the bundle of exclusive rights known as "copyright." Congress uses copyright law to give creators the rewards they expect, so as to safeguard their incentives to create. But what if creators expect too much? Must Congress use copyright law to satisfy those expectations, thus preserving what creators claim to require as "incentive?" To date, everyone has assumed that the answer is …

Lawful Peacekeeping: Applicability Of International Humanitarian Law To United Nations Peacekeeping Operations, Jaume Saura

UC Law Journal

The deployment and operation of United Nations peacekeeping missions has been rightly considered one of the most successful initiatives in the history of the organization. In 1988, UN peacekeeping forces were awarded the Nobel Peace Prize for their contribution to reducing tensions and ending hostilities.

Although the "blue helmets" were not originally envisaged in the Charter of the United Nations, they have brought peace and stability to numerous cases of domestic and international armed conflict.

Notwithstanding the overall success of peacekeeping operations, recent violations of the laws of war by UN peacekeeping forces raise the question of the duty of …

Family Conflicts: The Role Of Religion In Refusing Medical Treatment For Minors, Jennifer E. Chen

UC Law Journal

Traditionally, minors are subject to their parents' will when it comes to their own healthcare treatment. While most parents make decisions consistent with societal values that they should obtain the best medical treatment available when their child is critically ill, cases exist where parents have refused medical treatment for their child because of their religious beliefs. Based on constitutional rights, parents have some leeway to make these treatment refusal decisions, and in no published case to date has a child asserted a treatment preference contrary to that of his or parents refusing treatment on religious grounds. Thus, courts have yet …

The Consumer Class Action Bill Of Rights: A Policy And Political Mistake, Laurens Walker

UC Law Journal

This Article discusses the significance of the Consumer Class Action Bill of Rights, found in section 3 of the 2005 Class Action Fairness Act. The author argues that this section is the most significant provision of the law. In addition to expounding upon the notice provision of the Bill of Rights Section, the Article explores the possible responses that public officials could make. Additionally, the author predicts a strong degree of public participation in class action settlements, especially by the Attorneys General of the states. The Article also considers the Act's substantive regulation of settlement terms, including ''coupon settlements," as …

Informed Consent: Requiring Doctors To Disclose Off-Label Prescriptions And Conflicts Of Interest, Margaret Z. Johns

UC Law Journal

The doctrine of informed consent should be expanded to require doctors to disclose: (i) off-label prescriptions; and (2) conflicts of interest created by drug-company marketing. Off-label prescriptions are those which do not comply with the FDAapproved use for the drug. While they are perfectly legal and a significant part of mainstream medicine, accounting for more than half of all prescriptions written today, in many instances they are not supported by scientific evidence, drive up the cost of health care, and expose patients to unnecessary risks. Conflicts of interest arise because drug companies provide free continuing medical education, pay speakers' and …

Creative Judicial Misunderstanding: Misapplication Of The Public Trust Doctrine In Michigan, Carl Shadi Paganelli

UC Law Journal

A candid but rational inquiry into the history of the public trust doctrine is essential to understanding a recent Michigan Supreme Court decision that suddenly and unexpectedly took private property for public use without just compensation.

Despite the Latinate allure of its terms-jus publicum and jus privatum-the public trust doctrine has no Roman law origins. It is a creature of the common law. It arose in England to explain the Crown's rights to tidelands and navigable waters. It followed English dominion across the Atlantic, where the fertile imagination of American lawyers unearthed the doctrine's supposed ancient Roman roots.

This Note …

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy F. Hensel

UC Law Journal

This Article examines the issue of eligibility under the Individuals with Disabilities Education Act ("IDEA"), that is, what kind of disability a child must have to qualify for protection and services under the statute. The author explores whether the current legislative approach to disability and eligibility enhances the integration and advancement of children with impairments or reinforces the stigma of difference and inequality. Part I of the Article examines the legislative evolution of eligibility since the passage of the statute, then known as the Education for All Handicapped Children Act, in 1975. This Part also explores the legal and social …