Digital Commons Network^™

Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner

McGeorge School of Law Scholarly Articles

No abstract provided.

Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon

McGeorge School of Law Scholarly Articles

No abstract provided.

Courts Vs. The Political Branches: Immigration "Reform" And The Battle For The Future Of Immigration Law, Brian G. Slocum

McGeorge School of Law Scholarly Articles

No abstract provided.

The Bayh-Dole Act And Incentives For The Commercialization Of Government-Funded Invention In Developing Countries, Michael S. Mireles Jr.

McGeorge School of Law Scholarly Articles

No abstract provided.

What Lawyers, What Edge?, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Waiting In Line: African Refugee Students In Western Australian Schools, Yvonne Haig, Rhonda Oliver

Research outputs pre 2011

This study has been commissioned by the Westralian Association of Teachers English to Speakers of Other Languages (WATESOL) to determine the perceptions and expectations of those stakeholders involved in the education of African refugee children.

To do this study first a literature review was undertaken in order for the researchers to determine how much information was available and to improve their understanding of the subject matter. It appears that there is a growing body of research in Australia investigating the social, psychological and educational needs of African refugees, particularly those who have faced trauma (Earnest, IIousen, & Gillieatt, 2007; 2004). …

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.

St. Mary's Law Journal

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo

St. Mary's Law Journal

There is a nationwide debate on whether punitive damages should be insurable. Insuring punitive damages causes courts concern regarding whether a wrongdoer escapes punishment by having the insurer pay for damages attributable to the wrongdoer’s egregious conduct. The United States Court of Appeals for the Fifth Circuit noted Texas’ public policy does not justify interference with private insurance contracts. The Court determined Texas allows liability insurance contracts to cover punitive damages and declared the inquiry ended. But, in the years since this determination, many Texas appellate courts have contracted the Fifth Circuit’s holding. The shifting discussion among Texas appellate courts …

Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer

St. Mary's Law Journal

Abstract Forthcoming.

Defining Service Quality In An Outpatient Clinic With Complex Constituency, Swati Verma

USF Tampa Graduate Theses and Dissertations

The 2001 Institute of Medicine's (I.O.M.) landmark report, Crossing the Quality Chasm: A New Health System for the 21st Century observes that, "[though] medical science and technology have advanced at a rapid pace,...the health care delivery system has floundered in its ability to provide consistently high-quality care" (I.O.M. 2001). The report recommended six quality aims for a twenty-first century health care system; one of them being patient-centered care. It explains patient-centered care as "providing care that is respectful of and responsive to individual patient preferences, needs, and values and ensuring that patient values guide all clinical decisions" (I.O.M. 2001). This …

The Conditional Influence Of Criminological Constructs On Juvenile Delinquency: An Examination Of The Moderating Effects Of Self-Control, Angela Yarbrough

USF Tampa Graduate Theses and Dissertations

Self-control and various elements comprising this construct have received much credit over the years as it has been able to account for a large amount of variance in delinquency rates. Some research has suggested that individual difference factors (e.g., self-control) can overwhelm external factors (e.g., neighborhoods; see Loeber & Wikström, 2000). Others have found that social influences (e.g., employment; see Wright, et al, 2001) have more pronounced effects for those most at-risk. Because of the equivocal nature of the empirical findings, this study seeks to replicate and extend previous efforts. Specifically, the influence of constructs derived from social learning, control, …

Scriptural And Rational Piety : The Development And Use Of A Curriculum For Teaching Authentic Wesleyan Worship, Todd Alan Stepp

ATS Dissertations

No abstract provided.

Excursions To Meet God And Renew The Spirit, Charles R. Shonkwiler

ATS Dissertations

No abstract provided.

Recent Reforms To The Japanese Judiciary: Real Change Or Mere Appearance?, Daniel H. Foote

Articles

In June 2001, the Justice System Reform Council ("Reform Council" or "Council") issued its final report. The Council's recommendations included several proposed reforms to the judiciary, intended to insure the judiciary would "meet the expectations of the people." This essay examines a number of those recommendations and the resulting reforms.

The single reform to the judiciary that has received the most publicity is the introduction of the saiban'in system, through which ordinary citizens will participate directly in judging serious crim:inal cases and thus will have the opportunity to express their views directly in the deliberation of those cases. That system, …

Collateralizing Intellectual Property, Xuan-Thao Nguyen

Articles

This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law.

The Article proceeds as follows: Part II discusses the normative intellectual property rights for patents, copyrights, and trademarks and how such rights are utilized as corporate assets. Part III describes different forms …

Classroom Model And Peer Influence: The Relationship Between Preschoolers' Behavior And Academic Achievement In The Classroom, Rhonda Sue Jamison

UNF Graduate Theses and Dissertations

Research indicates that classroom behaviors in students may be good predictors of academic success. The present study investigated the relationship between classroom peers, positive and negative classroom behaviors, early literacy and mathematics ability, and classroom model in 214 predominately low-income preschool children in 21 classes across a six-county area. It was hypothesized that peer classroom behavior would be a significant predictor of individual child ability and that peers would have differential influence across classroom models. Results indicated that peer classroom behavior was not a significant predictor of individual child ability. Individual child classroom behaviors, specifically positive behaviors, emerged as a …

Call For An Assessment Of The Welfare On Indian Children In South Dakota, Patrice H. Kunesh

South Dakota Law Review

No abstract provided.

Promoting The Progress For Some: Why Independent Inventors Are The First To Suffer As The Doctrine Of Equivalents Fade Away, Jared Robert Clark

South Dakota Law Review

No abstract provided.

Reit Stock Repurchases: Completion Rates, Long-Run Returns, And The Straddle Hypothesis, Gregory L. Adams, James C. Brau, Andrew Holmes

Faculty Publications

This study of real estate investment trusts (REITs) analyzes three possible explanations for the stock price reaction to a repurchase announcement and the subsequent repurchase behavior of managers under each hypothesis. Two of the hypotheses, the signaling hypothesis and the exchange option hypothesis, are established in the existing literature; the third hypothesis is a modification of the exchange option hypothesis. The exchange option hypothesis is extended to allow for additional flexibility in management decisions. This extended exchange option hypothesis is termed the ‘‘straddle’’ hypothesis because it provides management with both a call and put option. The empirical analyses show the …

Joint Attention And Word Learning In Ngas-Speaking Toddlers In Nigeria, Jane B. Childers, J. Vaughan, D. A. Burquest

Psychology Faculty Research

This study examines infants’ joint attention behavior and language development in a rural village in Nigeria. Participants included eight younger (1;0 to 1;5, M age=1;2) and eight older toddlers (1;7 to 2;7, M age=2; 1). Joint attention behaviors in social interaction contexts were recorded and coded at two time points six months apart. Analyses revealed that these toddlers were producing more high-level joint attention behaviors than less complex behaviors. In addition, the quality and quantity of behaviors produced by these Nigerian children was similar to those found in other cultures. In analyses of children’s noun and verb comprehension and production …

Teacher Success, Assessment, And Evaluation Practices In Service-Learning Composition Courses, Faith-Ann Abiola Mcgarrell

Dissertations

Problem. Over the last 15 years, service-learning in first-year composition has emerged as a critical area of study. Service-learning in composition places students in writing environments within the community, encourages reading and writing about social issues, and provides the opportunity for students to participate in community projects. A significant problem with this approach is the alignment between outcomes of the discipline and those of service. Practitioners feel that a clear understanding of compatibility between the two areas of study would result in better practice and further buy-in by those who do not teach from a service-learning perspective.

Method. In service-learning …

Stakeholders' Perceptions Of The Jbte Teaching-Practice Benchmarks : A Descriptive Exploration Of Two Teachers' Colleges In Jamaica, Hyacinth Paulina Rose

Dissertations

Purpose. The purpose of this study was to explore the implementation of and perceptions of the Joint Board of Teacher Education benchmarks for teaching practice, or student teaching. Data were gathered concerning how the benchmarks were implemented and the perceptions of multiple stakeholders regarding the adequacy of their implementation. Additionally, stakeholders were asked about the possible need for including some benchmarks from the USA in order to create an ideal teaching-practice program in Jamaica.

Method. This study used a multiple descriptive case study design. Two teacher training institutions in Jamaica were purposively selected. From each of these institutions a focus …

A Comparison Of The Adult Bible Study Guide Of The Seventh-Day Adventist Church And A Prototype Guide Designed To Promote Spiritual Growth, Lyndelle Brower Chiomenti

Dissertations

Problem. Despite the Adult Bible Study Guide's potential for promoting Christian spirituality among Seventh-day Adventist Church members, no studies have investigated its impact on the spirituality of its users. Beginning as a way to disseminate the unique biblical doctrines of thefledgling Church, the Guide remains largely expository and apologetic in nature, often neglecting the use of methods and spiritual disciplines which promote spirituality.

Method. Based on the same topic as the regular Guide for second quarter, 2005, an Adult Bible Study Guide using Kolb's learning cycle and learning styles was developed to promote Christian spiritual growth. The effect both Guides …

The Effectiveness Of Rating Scales And Semi-Structured Interview In Diagnosing Adult Attention Deficit Hyperactivity Disorder, Carolyn Mae Cofrancesco

Dissertations

Problem and purpose. There are few standardized tools for diagnosing ADHD in adults. The purpose of this study was to compare a standardized rating scale (CAARS) used by different observers, with a comprehensive diagnostic interview (CAADID) with respect to their ability to diagnose subtypes of ADHD.

Method. Subjects for this study came from baseline data of 98 patients (18 to 60 years ofage) participating in a drug trial for adult ADHD. The CAADID interview results in a yes-no decision as to whether the patient meets DSM-IV criteria for the subtypes ADHD. A t -test was used to compare the CAADID-diagnosed …

Young Latino Students' Learning In Problem-Based Reform Mathematics Classrooms: Developing Mathematical Thinking And Communication, Mary Marshall, Sandra I. Musanti, Sylvia Celedón-Pattichis

Bilingual and Literacy Studies Faculty Publications

This study explores how Latino first grade students develop mathematical problem solving and communication in their native language. Problem types came from Cognitively Guided Instruction (Carpenter et al. 1999) and were embedded in students’ cultural and linguisticexperiences. Findings show students solved a wide range of CGI problems and developed confidence, flexibility, and sophistication in their strategies and explanations.

The Relationship Between Emotional Intelligence And Reading Comprehension In High School Students With Learning Disabilities, Helen C. Bryant

Dissertations

Problem. Research indicates that students who receive an exclusively academic education that does not include emotional intelligence skills may not be prepared for future challenges of the 21st century because traditional intelligence contributes to only 20% of the factors that determine life success. Students with learning disabilities have average or above average cognitive intelligence. However, many do not demonstrate academic and social behaviors that normally would be compatible with average intelligence. Even though their cognitive intelligence has been tested, their emotional intelligence has not been tested. The purpose of this study was to investigate the relationship between emotional intelligence and …

The Function Of Loipos In Contexts Of Judgment And Salvation In The Book Of Revelation, Leslie N. Pollard

Dissertations

Problem addressed. The function of loipos in the Apocalypse is the focus of this research.

Method. A close reading approach to the Apocalypse was employed in this study. Every occurrence of loipos as it applies to human entities in contexts of judgment and salvation in the Apocalypse is examined. First, comes textual and translation matters. Then the examination of the literary context and structure follows. Next comes the historical background to each passage. Finally, the interpretation of that passage is presented.

Results. Chapter 1 presents a review of the scholarly literature from the Old and New Testaments on the remnant …

The So-Called Mixed Text: An Examination Of The Non-Alexandrian And Non-Byzantine Text-Type In The Catholic Epistles, Clinton S. Baldwin

Dissertations

Problem. Since the eighteenth century, textual scholars have been grouping New Testament Greek manuscripts into groups called text-types in order to evaluate the thousands of variant readings found in these manuscripts. These text-types form the basis for determining the earliest form of the text--the primary goal of New Testament Textual Criticism. Almost all textual critics recognize three main text types: Alexandrian, Western, and Byzantine. However, in recent times, W. Larry Richards and his followers identified a "mixed text-type" in six books of the Catholic Epistles that is distinguishable from the already established text-types. This text-type if supported by empirical investigation …

Lessons From Katrina: Response, Recovery And The Public Health Infrastructure, Elizabeth Weeks

Scholarly Works

This paper was presented at DePaul University in March 2006, as part of a Symposium on Shaping a New Direction for Law and Medicine: An International Debate on Culture, Disaster, Biotechnology & Public Health. Following the catastrophic events of 2005, including Hurricane Katrina, Pakistani Earthquakes, bird flu transmission to human populations, and the real threat of bioterrorism, government struggled in the aftermath to make sense of the devastation and human displacement. Medical teams, try as they might, are not always prepared and alerted as to how best investigate and quickly render assistance. The Symposium addressed the role of government, policy-makers, …