Digital Commons Network^™

Stability, Structure, And Effects Of Perinatal Morbidity On Temperament From Infancy To Adolescence, Robin June Miller

Open Access Dissertations

There is a considerable amount of theoretical and empirical research on child temperament; yet there is little consensus on the theoretical perspective, definition, or measurement. In addition, the empirical research has been limited by a small age span and a focus on one temperament dimension. The theoretical framework of this study was the transactional model which views the development of a child as a product of the complex interplay between the continuous, dynamic influences of the child's biological heritage and his/her life experience provided by family and social contexts. This longitudinal, descriptive, correlational research study examined the stability, structure, and …

Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Consent, Capacity, And Mistaken Belief, Janine Benedet, Isabel Grant

All Faculty Publications

Women with mental disabilities experience high rates of sexual assault. The authors trace the history of the criminal law's treatment of cases involving such acts in order to evaluate whether the substantive law of sexual assault is meeting the needs of this group of women. In particular, the authors focus on the legal issues of consent, capacity, and mistaken belief. The authors situate this discussion in the context of current debates in feminist and critical disability theory, grounding the theory in scholarly research on sexual assault of women with mental disabilities. In considering the law's treatment of sexual violence against …

Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet

All Faculty Publications

When a woman with a mental disability makes a complaint of sexual assault, she must confront a criminal trial process that was not designed in contemplation of her as a witness. The requirements of repeated testimony under oath and the ability to be cross-examined are not always well-suited to the particular needs and capacities of women with mental disabilities. These problems are magnified by the tendency to infantilize women with mental disabilities, thereby diminishing their credibility and depicting them as hypersexual when they engage in any sexual activity. These stereotypes also manifest themselves in the application of evidentiary rules relating …

Computerized, Tailored, Theory-Based Interventions For Health Behavior Change: A Comprehensive Meta-Analysis, Paul M. Krebs

Open Access Dissertations

Personal behavior accounts for much of the risk associated with chronic disease, thereby providing incentive for development of interventions that offer effective prevention on a large scale. Computer tailored interventions have become increasingly common for facilitating behavior change for a number of health concerns associated with chronic disease. Systematic reviews of tailoring have been completed but a sufficient number of outcomes are now available to facilitate the quantitative analysis of overall effect sizes for this type of intervention. The present study employs meta-analytic techniques to assess the mean effect for tailored interventions focusing on four health behaviors: smoking cessation, increase …

Developmental And Neuropsychological Perspectives On The Wisconsin Card Sorting Test In Normal Children, I. Simona Bujoreanu

Open Access Dissertations

Contemporary efforts in neuropsychological assessment of children are directed towards the use of developmentally sensitive instruments especially when targeting cognitive abilities, such as executive function, which are known to have a protracted period of development. The purpose of the present study was to advance the understanding of the WCST as a measure of executive function in six-year-old children. The test requires subjects to sort cards by three criteria: color, shape, and number of objects on the card. This study investigated the level of difficulty for young children required to use number as a sorting criterion. Based on developmental research on …

Religiosity, Health, And Well-Being Among Middle Eastern/ Arab Muslims And Christians In The Usa: A Study Of Positive Emotion As A Mediator, Lotus Makram Meshreki

Open Access Dissertations

This study examined the relationship between different dimensions of religiosity and mental health and well-being, and the mediating role of positive emotion in a sample of 181 Middle Eastern/ Arab Christians and Muslims in the U.S. Results showed a positive relationship between intrinsic religiosity and positive mental health and well-being that was mediated by positive emotion. Intrinsic religiosity had a stronger relationship to positive emotion than did extrinsic religiosity. Positive emotion in tum was related to better mental health and well-being.

Generally Illegal: Npdes General Permits Under The Clean Water Act, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

Under the Clean Water Act, it is unlawful for a point source to discharge pollutants without a National Pollutant Discharge Elimination System (“NPDES”) permit. Most NPDES permits are issued to individual facilities, but since 1979, EPA and States have had a process of issuing “General Permits” to satisfy the requirements of the Clean Water Act. These General Permits may contain enforceable effluent limitations and other requirements, but, unlike individual permit, they may apply to large numbers of sources discharging into many different bodies of water. The conditions of a General Permit are developed through a “notice and comment” process similar …

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

No abstract provided.

Five Myths About Sprawl, Michael Lewyn

Scholarly Works

In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is "a natural result of affluence that occurs in all urbanized societies." Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …

You Can Have It All: Less Sprawl And Property Rights Too, Michael Lewyn

Scholarly Works

Some commentators believe that smart growth and property rights are at loggerheads - and to be sure, these theories do lead to differing positions on a few issues (most notably urban growth boundaries and similar anti-sprawl regulations). But as to a wide variety of issues, smart growth advocates and property rights theorists can find common ground. Both groups can support eliminating zoning regulations that mandate automobile-dependent, sprawling development, such as single-use zoning, minimum parking requirements and minimum lot size requirements.

Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale

Vanderbilt Law Review

What to read? or watch? or listen to? These are hard questions, not because of any scarcity of expression, but rather because of its abundance. Over 100,000 books are published in the United States each year, thousands of movies and CDs are released, and the amount of textual, musical, and visual works on the internet continues to rise exponentially. Whose work can we trust? And who knows what of it will rank among the best that has been thought and said-or even provide a few moments levity?

Admittedly, a bulging bookshelf or surfeit of films prompts an existential crisis in …

Special Project+ Privacy, Melody R. Barron

Vanderbilt Law Review

Privacy has long been a matter of particular concern in the minds of Americans. Indeed, privacy concerns were at the crux of the American Revolution. The earliest days of colonial life saw creation of laws protecting the individual against eavesdropping, and the sanctity of one's home. The Bill of Rights also reflects privacy interests. As America grew, technological advances in the dissemination of information caused public demands for protection of privacy rights; I Each year, the Vanderbilt Law Review publishes one issue with notes devoted solely to a topic of current interest. These notes collectively constitute the Special Project.

Toothless Hipaa: Searching For A Private Right Of Action To Remedy Privacy Rule Violations, Joshua D.W. Collins

Vanderbilt Law Review

A Midwestern banker, who also served as a member of his county's health board, cross-referenced a health board's list of patients suffering from various diseases with a list of the bank's customers. He then called due the mortgages of anyone suffering from cancer. In Oregon, computer disks containing the medical records of 365,000 patients were stolen from a car. Along with personal medical information, the records also contained the patients' names, addresses, and Social Security numbers. A Maryland school board member's medical records, revealing that he had been treated for depression, were sent to school officials along with an anonymous …

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 …

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes

All Faculty Publications

In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Precedent Unbound? Contemporary Approaches To Precedent In Canada, Debra Parkes

All Faculty Publications

This paper examines some key aspects of the contemporary treatment of precedent in Canada, including consideration of the vertical convention of precedent (lower courts being bound by decisions of higher courts) and the horizontal convention of precedent (courts being willing and/or able to overrule or depart from decisions of the same court). On the latter topic of horizontal precedent, particular attention will be paid to three recent decisions of the Supreme Court of Canada, Ontario Court of Appeal, and Manitoba Court of Appeal respectively, which take a more functional and pragmatic approach to the issue and demonstrate a greater willingness …

A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes

All Faculty Publications

This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …

Privacy, Identity And Security, Benjamin J. Goold

All Faculty Publications

This paper examines the relationship between security, surveillance, privacy and identity, both in the context of legislation such as the Anti-terrorism Act and the PATRIOT Act, and also in the light of ongoing changes in how that personal information is gathered, processed and used. It is argued that prevailing notions of privacy — and the legal frameworks that aim to protect privacy interests — are ill-suited to defending individuals from an increasingly sophisticated array of surveillance and data processing techniques, which enable information to be acquired and shared at almost zero-cost and which threaten to establish the ‘categorical identity’ as …

Can The Irs Silence Religious Organizations, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

In the years following the 2004 presidential election, the Los Angeles Times reported that the Internal Revenue Service threatened revoking the tax-exempt status of the All Saints Episcopal Church in Pasadena because during a 2004 sermon, a church rector stated that he opposed the Vietnam and Gulf wars and that Jesus would have disapproved of the Bush Administration's preemptive war doctrine. The rector did not tell his parishioners who to support in the 2004 election, however. This threat of revoking an organization's tax-exempt status is just one example of the IRS's recent and unprecedented aggressiveness in seeking out violations of …

Law, Social Justice, Economic Development, And Modern Banking Sector Legal Reform: Taking In The 'Excluded', Joseph J. Norton

Faculty Journal Articles and Book Chapters

This chapter examines a critical banking reform issue in developing countries – the equitable inclusion of individuals effectively excluded from mainstream banking/financial sectors of their respective countries. The author sets forth the proposition that the equitable and accessible provision of banking services has never been considered a core component to modern banking sector legal reform and assessment in the developing world. After more than two decades of study and practical involvement with financial sector reform in developing, transitioning and emerging economies, the author has the general view that the future banking/financial sector legal policy and infrastructure reform process for International …

An Unhealthy Case Of Mold, Mary S. Lane

The Christian Librarian

Mold is a serious problem which threatens the well-being of both collections and staff. Preventative maintenance and a good disaster plan are the most effective way of handling mold. However, unforeseen circumstances can infect a library; in which case, librarians must be able to recognize and treat the problem immediately. Finances can affect the manner in which the mold is cleaned. Librarians need to be aware of a variety of options open to them, as well as, a variety of resources upon whom to call in the event of a breakout. A low budget process is presented as an alternative …

Weeding The Circulating Collection At Bailey Library, Mick Williams Ma, Mls

The Christian Librarian

The weeding process used at Nyack College’s Bailey Library involves a year-round, piecemeal approach during a five-year cycle. The weeding of the circulating collection involves roles for student assistants, librarians, and teaching faculty, and is designed to be user-friendly and yet contain necessary checks and balances.

Resources Available For Review, Phyllis Fox

The Christian Librarian

No abstract provided.

A Christian Librarians Response To Government Secrecy, Dora Wagner

The Christian Librarian

The nature of Christian librarianship requires professionals to remain aware of current political decisions made in our government that directly affect the public’s access to relevant information. Utilizing past literature concerning what it means to practice Christian librarianship and exploring the current administrations’ actions regarding The Freedom of Information Act, the author concludes the Christian library community must educate itself and its patrons and demand honesty and integrity from the government.

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.

Resources Available For Review, Phyllis Fox

The Christian Librarian

No abstract provided.

Prevalence Of Self-Reported Overweight-Obesity And Its Association With Socioeconomic And Health Factors Among Older Mexican Adults, Liliana Ruiz-Arregui, Lilia Castillo-Martínez, Arturo Orea-Tejeda, Silvia Mejia-Arango Dr.

School of Medicine Publications

Objective: To investigate the prevalence of obesity and its association with socioeconomic factors and comorbidities in a population-based study.

Material and methods: Data were examined from 4,605 persons ages 60 and older that participated in the 2001 Mexican Health and Aging Study, conducted in rural and urban communities in Mexico. The prevalence of obesity (according to self-reported weight and height) was obtained, stratified by age, and logistic regression was used to study cross-sectional associations between obesity and socioeconomic factors.

Results: Of the population studied, 20.9% were classified as obese and the prevalence diminishes with age. Overall, women were more likely …

Conditional Discrimination And Reversal In Amnesia Subsequent To Hypoxic Brain Injury Or Anterior Communicating Artery Aneurysm Rupture, C. E. Myers, J. Deluca, Ramona O. Hopkins, M. A. Gluck

Faculty Publications

Human anterograde amnesia can develop following bilateral damage to the hippocampus and medial temporal lobes, as in hypoxic brain injury, or following damage to the basal forebrain, as following anterior communicating artery (ACoA) aneurysm rupture. In both cases, the mnestic deficit may be similar when assessed by standard neuropsychological measures. However, animal and computational models suggest that there are qualitative differences in the pattern of impaired and spared memory abilities following damage to hippocampus versus basal forebrain. Here, we show such a dissociation in human amnesia using a single two-stage task, involving conditional discrimination and reversal. Consistent with a prior …

Brain Integrity And Cerebral Atrophy In Vietnam Combat Veterans With And Without Posttraumatic Stress Disorder, Bruce L. Brown, Dawson W. Hedges, G. William Thatcher, Pamela J. Bennett, Shabnam Sood, David Paulson, Sarah Creem-Regehr, Steven Allen, Jamie Johnson, Brooke Froelich, Erin D. Bigler

Faculty Publications

Posttraumatic stress disorder (PTSD) is associated with decreased hippocampal volume, but the relationship between trauma and brain morphology in the absence of PTSD is less clear. In this study, measures of brain integrity were determined by estimating gray and white matter regional brain volumes using structural magnetic resonance imaging in six patients with PTSD and in five controls with comparable trauma exposure but without clinical evidence of PTSD. The only statistically significant volume difference between groups was observed multivariately in the white matter of the right temporal lobe (superior temporal gyrus, fusiform gyrus, parahippocampal gyrus, white-matter stem, middle temporal gyrus, …

An In Vitro Assessment Of An Engineered Cationic Antimicrobial Peptide (Ecap) Against Planktonic Strains Of Enterococcus Faecalis., Kent Alexander Mcbride

Graduate Theses, Dissertations, and Problem Reports (ETD)

Traditionally, endodontic therapy has maintained very high success rates; however when teeth are obturated with a positive culture in the root canal, the success rate of treatment is only 68% (50). Therefore, complete elimination of bacteria from the root canal system is a crucial aspect of endodontic therapy. Studies consistently show that success rates for teeth that were necrotic before treatment are lower than cases with vital pulps. Consequently, efforts must be made to find a solution or method that more consistently disinfects the canals prior to obturation. The purpose of this study was to evaluate a new antimicrobial cationic …