Digital Commons Network^™

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …

Self-Concept And Attraction To Physical Activity: The Effectiveness Of An Intervention Programme To Enhance Children's Level Of Physical Activity, Barbara M. Howard

Theses: Doctorates and Masters

According to motivational theory physical self-perceptions are crucial to the intrinsic desire to engage in physical activity through play, games, and sport. While there has been prolific research with middle primary and older children little is known of the importance of young children's physical self-concept and their motivation to engage in physical activity. This study had three major purposes. Firstly it aimed to examine the relationship between children's self-concept, their attraction to physical activity, and level of physical activity. The second purpose of the study was to examine differences between boys' and girls' self-concept, attraction to physical activity and level …

The Solution Of Traffic Signal Timing By Using Traffic Intensity Estimation And Fuzzy Logic, Paothai Vonglao

Theses: Doctorates and Masters

This study aims at calculating the traffic signal timing that suits traffic intensity at intersections studied in the inner city of Ubon Rachathani Provice, Thailand. The mixed models between maximum likelihood estimation and Bayesian inference are presented to estimate traffic intensity. A queuing system is used to generate the performance of traffic flow. A fuzzy logic system is applied to calculate the optimal length of each phase of the cycle. The fortran language is used to produce the computer program for computation. The algorithm of the computer programming is based on EM algorithm, Markov Chain Monte Carlo algorithm, queuing generation …

Sensemaking And The Management Of Older Volunteers, Megan Paull

Theses: Doctorates and Masters

This study explores the experiences of older volunteers and their managers in particular when a change in the perfonnance of the volunteer is noticed by the manager. The impetus for this study was an expressed concern of the managers of volunteers which classified the management of 'older volunteers" as being somehow different from their younger counterparts. Conducted within an interpretivist framework this study employed a two-phase methodology comprising a context setting descriptive quantitative study followed by an in-depth qualitative grounded theory approach. The importance of the in-depth examination revealed the importance of context to the management process.

Assessing Executive Functioning In Children With A Hearing Loss, Elizabeth Oberg

Theses

This study examined a variety of executive functioning assessment methods with a group of deaf children. The relationship between parent/teacher reports of 22 deaf and hard of hearing students' executive functioning, students' performance on cognitive tests and students' performance on selected achievement domains was studied. The findings showed significant positive correlations (p<.01) between the parent/teacher Behavior Rating Inventory of Executive Function (BRIEF) on six of the eight clinical scales. Secondly, there were significantly positive correlations between the parent/teacher BRIEF reports and the students' scores on the Wisconsin Card Sorting Test, the (Children's) Color Trails Test and the Woodcock- Johnson: Writing Fluency subtest. Lastly the importance of considering etiology when assessing deaf children was examined. Students with genetic deafness were rated as significantly different (p<.05) on BRIEF scales and performed significantly different on select student measures than students with other causes of deafness.

Displacement, Lila Mandzyk

Theses

Not Included

The August Vanities And Other Stories, David Wayne Johnson

Master's Theses

No abstract provided.

Capillary Flow Analysis And Computation Of De-Wetting And Wetting Resistances In Angular Geometries, Daniel Bolleddula

Dissertations and Theses

Capillary flows in containers or conduits with interior corners are commonplace in nature and industry. The majority of investigations addressing such flows solve the problem numerically in terms of a flow resistance coefficient (friction factor) for cases where spontaneous liquid spreading along the corner occurs for contact angles below the Concus-Finn critical wetting condition for the particular conduit geometry of interest. This research effort provides missing numerical data for the flow resistance function F_i for partially wetting systems above the Concus-Finn condition. In such cases the fluid spontaneously de-wets the interior corner and often retracts into corner-bound drops. A …

Seating For Communicating, Myung Taek Jung

Theses

Not listed.

Woodland Journey : A Study Of Christian Pilgrimage, William Arthur Allen

ATS Dissertations

No abstract provided.

Artfully Concealed, Athesia V. Benjamin

Theses

The following document is a summary of the development of my work during two years in the MFA painting program at Rochester Institute of Technology. The process intrinsic to thesis development eventually brought me to my final concept of obscuring my identity as a way to develop a body of figurative paintings. Along with the eleven pieces created during this two-year period, I have thoroughly studied this specific topic within the context of contemporary and historical art and identified artists with like concepts and images.

Communication Issues And Processes At The Rit Inn And Conference Center, Wayne J. Pater

Theses

This study focuses on communication issues at The RIT Inn and Conference Center, (the Inn). Effective communication is crucial to nearly everything. Communication is the learned skill that makes the difference between an average organization and a great one. A great organization's management can fully engage staff in operations at a company that achieves maximum efficiency (Williford, 2002).

This study is important because it will identify the root causes of communication gaps between management and staff. In addition, it will identify problems related to disconnects between service staff and management that have caused several service recovery issues. These disconnects may …

Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park

Faculty Scholarship

In arbitration law, few matters engender more stimulating debate than the interaction of arbitrators and judges with respect to jurisdictional determinations. When one side asserts that it never agreed to arbitrate, or contests the arbitrator’s substantive mission or procedural powers, someone must determine the existence, validity, and/or scope of the arbitration clause.

The Public's Right To Fair Use: Amending Section 107 To Avoid The "Fared Use" Fallacy, Wendy J. Gordon, Daniel Bahls

Faculty Scholarship

Under provocative titles like "Fared Use" and "The End of Friction," commentators argue about whether or not the copyright doctrine of fair use should exist in a world of instantaneous transactions. As collecting societies such as the Copyright Clearance Center have become more powerful, and technologies like cellular phones and the internet have made it possible to purchase digital copies by dialing a number or clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. The Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The …

Effective Approaches To Minimize The Problem Of Pharmaceuticals And Other Personal Care Products In The Environment, Papun Pramanick

Theses

Studies have shown that pharmaceuticals and other personal care products (PPCPs) are present in the environment, especially in water, due to different human activities. Some of these compounds are toxic to our eco-system. Although there is no evidence of adverse human health effect from the presence of PPCPs in the environment to date , some adverse effects on aquatic life cycle already have been found. Therefore, protecting our environment as well as human health from adverse effect(s) of PPCPs is a growing concern. The objective of this thesis work was to collect information about the principal approaches available to pharmaceutical …

Using Eye Tracking To Understand Banner Blindness And Improve Website Design, Chad Lapa

Theses

Banners, as a form of advertising on the web, are important for businesses. Conversely customers want to navigate the site without being distracted by irrelevant or annoying ads. Design and placement of banners is not well understood and "banner blindness", which occurs when users overlook the banner entirely, is what causes the ineffectiveness of the banner. This study employs eye tracking to investigate how banner background color and the banner’s relevance to users’ tasks influence banner blindness. Eye movements were collected for users performing several tasks and viewing banners in a task-free context. Different banners were counterbalanced with task order. …

News Coverage, The Expansion Of Discourse, And Conflict, Philip Seib

Journal of Dispute Resolution

The universe of news cultures--comprising providers and consumers-has never been static. It perpetually evolves, sometimes in small increments, sometimes with dazzling leaps. We are now in one of the latter phases, with new technologies driving change at high speed. This alteration of the news universe is a mix of reshaping and expansion, and it has a profound effect on social and political life throughout much of the world. It has particular impact on how policy makers and the public evaluate and respond to conflict.

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

Resisting Equal Footing: Did The Wisconsin Supreme Court Disguise An Assault On Arbitration, Peter Wilder

Journal of Dispute Resolution

It is well settled that state courts may apply state contract principles when determining if an arbitration clause is enforceable; however, states are prohibited from enforcing laws that treat arbitration agreements differently than other contracts. Placing arbitration agreements on an equal footing with other contracts results from judicial preference for arbitration. When a court overreaches to find an arbitration agreement to be procedurally and substantively unconscionable, the overreaching may stem from the court's erroneous preference for adjudication over arbitration. The issue becomes more apparent when the court had the option to enforce the agreement without the unconscionable provision, yet chose …

Implications Of Reading Assessments: Investigating The Developmental Reading Assessment And Dynamic Indicators Of Basic Early Literacy Skills - Oral Reading Fluency As Related To The Terranova 2nd Edition Vocabulary And Comprehension Tasks For Third-Grade Students, Courtney Wheeler

Theses

The present study investigated the relationship between Dynamic Indicators of Basic Early Literacy Skills (DIBELS) Oral Reading Fluency and the Developmental Reading Assessment (DRA) as related to the TerraNova 2nd Edition Vocabulary and Comprehension. Historical test data gained from 46 third grade participants during 2004- 2005 school year from an urban elementary school was utilized. The DRA protocols were coded and correlations were run to determine the relationship between the three tests. Significant correlations were found consistently between the DIBELS scores with DRA Phrasing and Fluency and DRA Story Level. Of particular interest, the overall best predictor for DIBELS scores …

School Psychologists' Perceived And Ideal Role In Grade Retention Decisions, Sean P. Scott

Theses

This study examined school psychologists' reports of their perceived and ideal roles in retention making decisions. A random national sample of 231 school psychologists completed a questionnaire regarding their perceptions of the rates and trends of retention in their school, as well as their perceived and ideal role in grade retention decisions. The majority (86.6%) of respondents indicated that their school practices retention, whereas 1 9% noted an increase in the amount of retentions. The rate at which respondents agreed that school psychologists should be involved in retention decisions was significantly higher (91.5%) than the percentage of school psychologists that …

Reading First Teachers' Knowledge Of English Phonology And Attitudes Toward Reading Instruction, Courtney Richmond

Theses

The Reading First grant requires teachers to go through professional development and education about reading instruction to improve their teaching methods. The purpose of this study is to determine whether teachers' knowledge of the English language and their attitudes toward explicit reading instruction improved after working in schools that received the Reading First grant. Seventy-six teachers from four schools that received the Reading First grant were surveyed to determine their knowledge of English phonology and attitudes toward explicit and implicit reading instruction. Reading First teachers had more knowledge of English phonology than other teachers, but did not differ in their …

Environmental Health & Safety Management In The Wake Of Sarbanes-Oxley: A Focus On The Benchmark Alcohol Beverage Industry, Diana V. Vesosky

Theses

In a post-Enron world, the Sarbanes-Oxley Act holds the highest corporate officers of publicly held corporations personally accountable with regard to financial reporting. This project examines the requirements of the law, risks of not complying the law, how Sarbanes-Oxley has impacted environmental health and safety (EHS) management, and what EHS professionals and companies should be doing to comply with the law.

Landscapes Of Beethoven's Signature "From The Heart, May It Go To The Heart", Virginia L. Martin

Theses

"Landscapes of Beethoven's Signature, an exhibit consisting of twenty-two works of art in a variety of media, is a tribute to the revolutionary composer Ludwig van Beethoven [...]. Landscapes of Beethoven's Signature comprises a body of visual works showing the hand of Beethoven the Creative Artist. Literal landscapes, which also incorporate Beethoven's calligraphy, have been interpreted in the two larger oil paintings, 'In Moonlight' and 'Look Through These Trees.' Figurative depiction of 'landscape' and 'signature' is represented in a variety of ways within the sculptures, prints, books and calligraphy. For several of the pieces, visual material was derived from Beethoven's …

The Integration Of Graphic Communication And Educational Tools For Children With Dyslexia, Amar Abdulla Behbehani

Theses

Design for education is an important approach in the graphic design field. The intention of this thesis is to conduct further research that can help educators and designers build healthier learning environments for children with learning disabilities. Learning environments are not limited to physical environments such as classroom designs or school architecture; they are extended to cognitive environments that are greatly affected by external influences such as sensory stimulation and learning methods. Children with special educational needs could benefit from effective design solutions for better information processing. This designer attempts to develop typographic solutions to facilitate the reading process of …

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

Vanderbilt Law Review

What is the "pull of international society" and how does it influence the willingness of States to enter into or comply with international law? Since Grotius first identified the concept that States seek esteem from the broader global community, its parameters have proven illusive. Nonetheless, the notion remains central to discussions of why States comply with international agreements.

Understanding the reputational mechanism that impels State compliance is especially important to human rights treaties. Unlike other regimes, States that ratify and abide by the terms of these instruments receive neither reciprocal nor immediate benefits.

Consequently, the desire for international esteem is …

Rethinking The Substantive Due Process Right To Privacy: Grounding Privacy In The Fourth Amendment, Mary H. Wimberly

Vanderbilt Law Review

Little in the jurisprudence of the Supreme Court has spurred as much controversy as the Court's recognition of a constitutional right to privacy. While implicitly acknowledging that such a right is not listed in the text of the Constitution, in Griswold v. Connecticut the Court found that the right existed in the "penumbras" of the amendments to the Constitution.' According to the Court, the right to privacy was present in "emanations" from the guarantees of the Bill of Rights. This reasoning was notoriously extended to abortion in Roe v. Wade. In order to invalidate state regulation of abortion, the Roe …

A Search-Costs Theory Of Limiting Doctrines In Trademark Law, Stacey Dogan, Mark A. Lemley

Faculty Scholarship

Trademarks have value because they reduce consumer search costs and thus promote overall efficiency in the economy.

While the search costs theory provides a compelling argument for trademark rights, it also compels an equally important - but often overlooked - set of principles for defining and limiting those rights. Certainly, trademark laws can make it easier and cheaper for consumers to locate products with desired qualities, thus making markets more competitive. Yet if carried too far, trademark law can do the opposite: it can entrench market dominance by leading firms and make it harder for competitors to crack new markets. …

There’S Just One Hitch, Will Smith: Examining Title Vii, Race, Casting, And Discrimination On The Fortieth Anniversary Of Loving V. Virginia, Angela Onwuachi-Willig

Faculty Scholarship

In this Symposium Essay, I use Loving v. Virginia as a backdrop for exploring why our society allows, without legal challenge, customer preference or discrimination to unduly influence casting decisions for actors paired in romantic couples in movies and television. In so doing, I examine how existing anti-discrimination law in employment can and should be used to address these improper influences within the entertainment industry. In Part I of the Essay, I first survey the growing practice of casting intraminority couples casting in films and television and examine how such casting, despite its appeal on the surface, may work to …