Digital Commons Network^™

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period continued to be the judiciary's efforts to come to terms with the "tort reform" legislation enacted by the General Assembly in 2005, particularly Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

As discussed below, it is beginning to appear that Georgia courts will follow a somewhat different course than that followed by federal courts in their interpretation of Daubert and Daubert's codification in Federal Rule of Evidence 702. As discussed …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Issues of legal ethics arose during the survey year in the usual contexts of attorney discipline, malpractice, and ineffective assistance of counsel. In a handful of cases, the Georgia appellate courts also dealt with other issues related to legal ethics.

Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly

Mercer Law Review

This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by Georgia appellate courts, United States district courts located in Georgia, and the United States Court of Appeals for the Eleventh Circuit. In addition, the Article discusses relevant legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii

Mercer Law Review

The Georgia Appellate Courts continue to consider and clarify the impact of the Tort Reform Act of 2005 on trial practice and procedure while addressing other legislation and case law similarly imperative to litigation in Georgia courts. Although the Georgia General Assembly enacted less legislation related to trial practice and procedure during this survey period than in recent years, the few laws passed are noteworthy.

Effective School Research: Teachers' And Administrators Perceptions Of Its Existence On Campus, Vance Vaughn, Peggy B. Gill, Ross Sherman

Educational Leadership and Policy Studies Faculty Publications and Presentations

Effective school research focuses school improvement on the variables that are within the control of educators and have the greatest potential to impact student achievement: 1) instructional leadership, 2) instructional personnel, 3) instructional environment, and 4) instructional programming. In an era of high accountability with many initiatives being proposed for school reform, effective school research continues to provide valuable research-based information to the school principal, superintendent and larger educational community. By examining the school in relation to this research-based information, educational leaders are informed about factors that promote student achievement. This study surveyed teachers and administrators on eight middle school …

The Increased Use Of Reconciliation In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern, Cynthia Alkon

Faculty Scholarship

This statement sums up the challenges lawyers, courts, legislatures, and other policymakers face when discussing mediation, reconciliation, or the use of other process alternatives in criminal cases in Central Asia. First, many people in the legal community of Central Asia have different understandings about the types of criminal cases appropriate for referral to alternative processes in lieu of criminal prosecution. Second, many people in the Central Asian legal community have attitudes about victims, defendants, and certain types of crimes that differ significantly from the attitudes held by the legal communities in other countries of the world. For instance, in Central …

The Sunset Of Quality Control In Modern Trademark Licensing, Irene Calboli

Faculty Scholarship

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …

Classical Guitar Instruction For The Pre-College Classroom, Blake Wuestefeld

Theses and Dissertations

This project is a curriculum for secondary guitar instruction. It consists of eight levels of study and is designed for the beginning to intermediate student. It has repertoire selections and explanations of the pedagogical validity of the works. These works were selected due to their cumulative and didactic nature and because of the specific technical issues they utilize. These technical issues are introduced gradually to ensure a student's steady and incremental progress in both technical and musical aspects.

The student executes exercises from such sources as Aaron Shearers: Learning the Classic Guitar, the Royal Conservatory of Music graded repertoire series, …

A Comparison Of The Kodaly Methodology And Feierabend's Conversational Solfege, Aimee Noelle Peek

Theses and Dissertations

This paper compares and contrasts Zoltan Kodaly' s music methodology with John Feierabend's Conversational Solfege. Both systems for teaching music are founded upon similar philosophies and goals and emphasize singing in the classroom. Solfege, rhythmic syllables, and movement are incorporated in both methodologies. The order in which these solfege syllables and rhythmic meters are introduced to students differs between the two methods. The reasons behind this difference are discussed in detail. Folk music, the primary musical material utilized by both methodologies, is also examined.

All concepts in either the Kodaly method or Conversational Solfege progress through specific stages to ensure …

Route Validation Using Radio Frequency Identification, William T. Watson

Theses and Dissertations

In recent years, radio frequency identification (RFID) has been proposed and implemented in a variety of applications where tracking objects, animals or people is desirable. This paper proposes a novel approach to the application of RFID technology in those applications where it is possible to validate a person or an object's passive contact with a given or arbitrary set of fixed points along a predefined route. The notable departure from the typical application of RFID technology is that in this scheme, the transponders are permanently installed while the interrogator is affixed to a person or object that travels the course. …

The Rise Of Agricultural Animal Welfare Standards As Understood Through A Neo-Institutional Lens, Elizabeth Ransom

Sociology and Anthropology Faculty Publications

In recent years agricultural animal welfare standards have increasingly been placed on the agenda of international, regional, and national governance bodies, as well as private agrifood organizations. Standards, long the domain of economists, are now recognized as one of the most significant emerging practices for governing food, and as such, a growing number of scholars have focused on the role that powerful actors have in setting standards and the distributional benefits of standards implementation. However, much of the existing literature relies on consumer-demand arguments for explaining the rise of animal welfare standards. This article uses sociological neo-institutionalism, specifically institutional isomorphism, …

Load Shedding Algorithm Using Voltage And Frequency Data, Poonam Joshi

All Theses

Under frequency load shedding schemes have been widely used, to restore power system stability post major disturbances. However, the analysis of recent blackouts suggests that voltage collapse and voltage-related problems are also important concerns in maintaining system stability. For this reason, both frequency and voltage need to be taken into account in load shedding schemes. The research undertaken here considers both parameters in designing a load shedding scheme to determine the amount of load to be shed and its appropriate location. An introduction about the need for a load shedding scheme and the purpose of doing research on this particular …

Glycosaminoglycan Stabilization In Bovine Pericardium, Lauren Browne

All Theses

Glutaraldehyde crosslinked bovine pericardium has been used for fabrication of bioprosthetic heart valves as well as cardiac patches for soft tissue repair. However, calcification and limited mechanical stability result in shortened life for the prostheses. Previous research has shown that glutaraldehyde crosslinking does not stabilize glycosaminoglycans (GAGs) and that GAGs are lost from porcine bioprosthetic heart valves[1]. Bovine pericardial tissue is composed of an amorphous network of collagen and elastin fibers, proteoglycans, and GAGs. The GAGs of bovine pericardium include dermatan sulfate, chondroitin sulfate, and hyaluronan [2].
It is hypothesized that Glut does not stabilize GAGs in pericardium and loss …

Parental Education Levels And Their Effect On First Year Retention And Grade Point Ratio, Jon Christiansen

All Theses

Background/Problem: Education is an important factor in economic success. This research explores how relevant parental education is to their children's education by studying first year college retention as well as first year cumulative grade point ratio. Purpose: By what probability is retention increased on average if a mother or father becomes a high school graduate or a college graduate? Also, by what amount is grade point ratio affected if a mother or father becomes a high school graduate or a college graduate? Design and Methods: A random sample of 844 students who filled out the FAFSA at a southern public …

Performance Based Contracting And Improving The Current Contracting Process, Troy Berkland

All Theses

The primary objective of the research described in this report was to suggest improvements to the maintenance contracting process currently utilized by the South Carolina Department of Transportation (SCDOT). A secondary research objective was to examine to what extent SCDOT could migrate more toward performance based, as opposed to method based, highway maintenance specifications.
A comprehensive literature review indicated some states had successfully implemented performance based specifications for a wide range of maintenance activities whereas others had not. Some states have adopted performance based specifications as part of a comprehensive asset management program whereby the contractor typically performs all routine …

Initial Psychometric Evaluation Of The Wayfinding Effectiveness Scale, Donna Algase, Gwi-Ryung Son, Cynthia Beel-Bates, Junah Song, Lan Yao, Elizabeth Beattie, Sara Leitsch

Peer Reviewed Articles

This study evaluates three versions of the Wayfinding Effectiveness Scale (WES), developed to differentiate problems of wayfinding and wandering behavior of community-residing elders with dementia (EWD), in 266 dyads (EWD and caregiver) recruited from Alzheimer's Association chapters. Factor analyses yield a five-factor solution (explained variance = 62.6%): complex wayfinding goals, analytic strategies, global strategies, simple wayfinding goals, and being stimulus bound. Overall, internal consistencies are high: WES (.94-.95), and subscales are stable across all versions. Testretest reliability is acceptable for the overall WES and two subscales (complex and simple wayfinding goals) for the care recipient current behavior version. Construct validity …

Child Maltreatment History And Subsequent Romantic Relationships: Exploring A Psychological Route To Dyadic Difficulties, David K. Dilillo, Terri Lewis, Andrea Di Loreto-Colgan

Department of Psychology: Faculty Publications

A sample of 174 college students involved in heterosexual dating relationships was studied lo investigate the role of psychological distress in mediating links between child maltreatment (CM) history and current couple functioning. Females, but not males, with a history of CM reported greater levels of psychological and relationship difficulties than did non-maltreated women. Psychological distress among females was also found to mediate associations between abuse history and various aspects of couple functioning including intimacy, sexuality. and conflict resolution. No such relationships were found for males. The implications of these results and suggestions for future research are discussed.

Negative Mood Regulation Mediates The Relationship Between Distraction And Engagement In Pleasurable Activities Among College Smokers, Lee M. Cohen, Dennis E. Mcchargue, Holly E. R. Morrell

Department of Psychology: Faculty Publications

Smoking for negative mood alleviation is a strong predictor of early smoking and early dependence among undergraduates. Little is known about whether adaptive cognitive coping processes (e.g., distraction) may help decrease the likelihood of student smoking for negative mood regulation. The present study tested the hypothesis that distraction would predict (a) greater engagement in adaptive pleasant pastimes and (b) lower rates of smoking behavior among undergraduates (n = 162, 41.9% female). We further assessed whether negative mood regulation expectations would explain both relationships. Results indicated that negative mood regulation fully mediated the relationship between distraction and engagement in pleasurable …

The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 01, 2007

Semantic Web For Health Care And Biomedical Informatics, Amit P. Sheth

Kno.e.sis Publications

No abstract provided.

Did The Kulinas Become The Marubos? A Linguistic And Ethnohistorical Investigation, David W. Fleck

Tipití: Journal of the Society for the Anthropology of Lowland South America

This paper presents the results of a study designed to clear up confusion surrounding the ethnic and linguistic identity of several indigenous groups from western Amazonia that have been denominated “Kulina,” “Marubo,” or variants of these terms.  Linguistic analysis revealed unequivocally that the term Kulina has been used to refer to three different languages, two in the Panoan family and one in the Arawan family, and that the term Marubo has been used to refer to two different languages in the Panoan family.  To elucidate the ethnohistory of each of these five groups, the usage of the terms Kulina and …

Shipibo Hunting And The Overkill Hypothesis, Warren M. Hern

Tipití: Journal of the Society for the Anthropology of Lowland South America

The "overkill" hypothesis, as promulgated by Paul Martin and others, is supported by evidence of asynchronous extinction of megafauna and other species in North America associated with the arrival of Pleistocene hunters in the Western Hemisphere. In this essay, further evidence—based on observations made of the response of a small party of Shipibo hunters in the upper Peruvian Amazon—is offered in support of the hypothesis. These observations were made during an exploratory tripinto the headwaters of a remote Amazonian tributary, a pristine area not occupied by human beings that was plentiful with wildlife. The Shipibo aggressively took the opportunity to …

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

Negotiating 'Professional Agency': Social Work And Decision-Making Within The Ontario Child Welfare System, Henry Parada, Lisa Barnoff, Brienne Coleman

The Journal of Sociology & Social Welfare

This article explores how social work as a discipline has helped to negotiate professional agency in decision-making within the restructured child protection system. The narratives of child protection workers affirm that a restrictive climate does exist in child protection agencies and that it indeed shapes the way they make their decisions. This study uses institutional ethnography as the methodology for exploring the decision-making practices of child protection workers. Three forms of data collection were used: experience as data, documentation reviews and in-depth interviews.

How To Prevent Perioperative Myocardial Injury: The Conundrum Continues, Jian-Zhong Sun, David Maguire

Department of Anesthesiology Faculty Papers

BACKGROUND: Perioperative myocardial injury (PMI) remains a major cause of perioperative morbidity and mortality but clinical strategies to prevent PMI are still uncertain.

METHODS AND RESULTS: We comprehensively searched PubMed for major research articles concerning clinical strategies to prevent PMI. The key findings are as follows: (1) the American College of Cardiology/American Heart Association guideline update for perioperative cardiovascular evaluation for noncardiac surgery is very useful to stratify cardiac risk preoperatively; (2) cardiac troponin has emerged as a biomarker to diagnose postoperative PMI and to predict clinical outcomes; (3) coronary revascularization before noncardiac surgery probably would provide cardiac protection in …

Becoming Psychotherapists: Experiences Of Novice Trainees In A Beginning Graduate Class, Clara E. Hill, Catherine Sullivan, Sarah Knox, Lewis Z. Schlosser

College of Education Faculty Research and Publications

The authors investigated the experiences related to becoming psychotherapists for 5 counseling psychology doctoral trainees in their first prepracticum course. Qualitative analyses of weekly journals indicated that trainees discussed challenges related to becoming psychotherapists (e.g., being self-critical, having troubling reactions to clients, learning to use helping skills), gains made during the semester related to becoming psychotherapists (e.g., using helping skills more effectively, becoming less self-critical, being able to connect with clients), as well as experiences in supervision and activities that helped them cope with their anxieties. Results are discussed in 5 broad areas: feelings about self in role of psychotherapist, …

Using Science, Engineering, And Education To Address Water Supply Challenges In The Highlands Of Guatemala, Andrew Curtis Elmore, William Fahrenholtz

Materials Science and Engineering Faculty Research & Creative Works

The Guatemalan Highlands is a Popular Destination for Non-Government Organizations Interested in Performing Relief Projects. U.S.-Based Organizations Such as Rotary International, Engineers Without Borders, and Various Religious Organizations Travel to Guatemala to Conduct Humanitarian Activities Which May Be Effective for the Short Term, But It is Not Clear that the Efforts Have a Systematic Impact. Students and Faculty at the University of Missouri-Rolla Have Systematically Studied Water Supply Issues Including Undergraduate and Graduate Research Projects and Undergraduate Engineering Courses Such as International Capstone Design. Materials Engineers Have Been Involved in the Study of Ceramic-Based Water Treatment Devices. These Microfilters Have …

A Structural Analysis Of Higher Education Government Relations Organizations And Their Relationship To State Funding, Randall Brumfield

Graduate Theses and Dissertations

Competing interests for state government funding have affected the status of public higher education as a budget priority. State legislators and executive officeholders are increasing appropriations to areas such as public K-12 education, health care, infrastructure, and social services programs at the expense of state colleges and universities. As such the higher education community must effectively utilize its government relations organizations to communicate with elected officials the importance of state funding. The purpose of the study was to identify the functional and personnel trends existing within government relations offices, and, to determine the extent a relationship may exist between organizational …

Contexts And Corporate Voluntary Environmental Behaviors: Examining The Epa's Green Lights Voluntary Program, Seong-Gin Moon, Peter Deleon

Peer Reviewed Articles - Public, Nonprofit, and Health Administration

Why do an increasingly large number of firms choose to spend their own money and resources to protect the environment beyond the extant regulatory requirements? This article addresses this question by examining the EPA’s Green Lights (GL) voluntary program in which a firm’s policy makers made an early commitment to limiting greenhouse gases through the installation of energy-efficient lighting technology in its facilities. Two theoretical perspectives—resource-based theory and neo-institutional theory—are adopted to investigate the contexts by which a firm is encouraged to undertake voluntary environmental actions and evaluate environmental strategies associated with them. Accordingly, the authors focus on two major …

The Pcor Partnership – Building On Successful Regional, National, And International Partnerships, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet about the Plains CO₂ Reduction (PCOR) Partnership. The PCOR Partnership supports regional research to advance safe and effective CO₂ storage. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]