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2007

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Structural Reform Prosecution, Brandon L. Garrett Jan 2007

Structural Reform Prosecution, Brandon L. Garrett

Faculty Scholarship

In what I call a structural reform prosecution, prosecutors secure the cooperation of an organization in adopting internal reforms. No scholars have considered the problem of prosecutors seeking structural reform remedies, perhaps because until recently organizational prosecutions were themselves infrequent. In the past few years, however, federal prosecutors adopted a bold new prosecutorial strategy under which dozens of leading corporations entered into demanding settlements, including AIG, American Online, Bristol-Myers Squibb Co., Computer Associates, HealthSouth, KPMG, MCI, Merrill Lynch & Co, Monsanto, and Time Warner. To situate the DOJ's latest strategy, I frame alternatives to the pursuit of structural reform remedies …

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Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande Jan 2007

Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande

Faculty Publications

This Article articulates a set of principles for policymaking about alternative dispute resolution (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decision making. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as …

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The Constitution Outside The Constitution, Ernest A. Young Jan 2007

The Constitution Outside The Constitution, Ernest A. Young

Faculty Scholarship

Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitutive statutes, such as the Magna Carta and the Parliament Acts. This Article proposes a thought experiment: what if we defined the U.S. Constitution by function, rather than by form? Viewed from this perspective, “the Constitution” would include not only the canonical document but also a variety of statutes, executive materials, and practices that structure our government. What these constitutive materials lack is a …

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Corporate Responsibility: The Case Of Big Tobacco, Aaron Barlow Jan 2007

Corporate Responsibility: The Case Of Big Tobacco, Aaron Barlow

Publications and Research

Barlow recounts his experience on a jury on a major case relating to the tobacco industry.

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Computer-Mediated Peer Response In A Level-Iv Esl Academic Writing Class: A Cultural Historical Activity Theoretical Perspective, Li Jin Jan 2007

Computer-Mediated Peer Response In A Level-Iv Esl Academic Writing Class: A Cultural Historical Activity Theoretical Perspective, Li Jin

USF Tampa Graduate Theses and Dissertations

Very few studies focus on how English as a second language (ESL) students' agency and their unique histories as an integral part of the social cultural environment influence his or her participation in computer-mediated peer response tasks, particularly in a multimedia-based synchronous communication environment. Considering each ESL student as an active agency with unique historical bearings, the dissertation investigated ESL students' participation in computer-mediated peer response (CMPR) tasks that used instant messenger (IM) as the communication technology between students from the cultural historical activity theoretical (CHAT) perspective, which views all human interaction as a dynamic developmental process. A case study …

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Literatura, Lenguaje Y “Realidad”: La Relación Entre La Literatura Y Sus Referentes Socio Históricos Según Rayuela Y Tres Tristes Tigres, Erin N. Laureano Jan 2007

Literatura, Lenguaje Y “Realidad”: La Relación Entre La Literatura Y Sus Referentes Socio Históricos Según Rayuela Y Tres Tristes Tigres, Erin N. Laureano

USF Tampa Graduate Theses and Dissertations

The purpose of the present study is to examine the theme of literature in Rayuela (Julio Cortázar, 1963) and Tres tristes tigres (Guillermo Cabrera Infante, 1967), taking into account the importance of this theme within the socio-historical and intellectual context of 1960's Latin America, an era characterized not only by the triumph of the Cuban Revolution in the political field, but also the height of poststructuralist literary theory, which arrives in Latin America via Europe. As we will see, the convergence of these two historical and literary moments implies the co-existence in Latin America of a call for a politicized …

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Responsibility And Practice In Notions Of Corporate Social Responsibility, Denise Kleinrichert Jan 2007

Responsibility And Practice In Notions Of Corporate Social Responsibility, Denise Kleinrichert

USF Tampa Graduate Theses and Dissertations

This treatise presents a transcendental argument for corporate social responsibility. The argument is that corporate social responsibility, or CSR, is best understood as a collective moral practice that is a precondition for sustainable business. There are a number of theories and definitions of CSR in the contemporary business literature. These theories include considerations of economic, legal, social, and environmental notions of what a corporation ought to take responsibility for based on either motives or concerns of accountability for corporate acts. This work focuses on economic theories. I analyze the distinction between the technical terms "responsibility" and "accountability" found in these …

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Meaning Makers Make It: Ambivalence About Ambiguity In Academic Discourse, David Haldane Lee Jan 2007

Meaning Makers Make It: Ambivalence About Ambiguity In Academic Discourse, David Haldane Lee

USF Tampa Graduate Theses and Dissertations

This thesis is a broad survey of the uses of ambiguity in academic discourse. I note the uses of ambiguity in literary criticism, linking ambiguity with epistemic relativism. Then I pose the question, is the notion of "reframing" in psychotherapy analogous to the concept of "spin" in propaganda, advertising and public relations? In a consideration of theories that posit the social construction of reality, I examine articles by Judith Butler and Ian Hacking, noting the ambiguous reception of performativity and nominalism, respectively, within academia. In 1996 a physicist named Alan Sokal published an article which argued that reality is a …

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The Turn Of The Screw’S Debated Phantasms: The Role Of The Fantastic In The Creation Of Peter Quint And Miss Jessel, Susan Savage Lee Jan 2007

The Turn Of The Screw’S Debated Phantasms: The Role Of The Fantastic In The Creation Of Peter Quint And Miss Jessel, Susan Savage Lee

USF Tampa Graduate Theses and Dissertations

When Henry James sat down to write his "amusette" as he called The Turn of the Screw (1898), he created various ambiguities in the text as a means of confusing and surprising his readers or, in other words, catching them off guard. Over a century later, the mysterious ambiance surrounding the novella has not become any clearer. While critics from Edmund Wilson to Edna Kenton have analyzed the work from a somewhat psychoanalytical perspective, stating that the ghosts of Miss Jessel and Peter Quint are merely figments of the governess's imagination, Tzvetan Todorov and Rosemary Jackson examine James's work through …

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Cogito Ergo Doceo: A Cross-Case Study Of Latin Teacher Cognition In Technology-Rich Communities Of Practice, Ramã³N Anthony Madrigal Jan 2007

Cogito Ergo Doceo: A Cross-Case Study Of Latin Teacher Cognition In Technology-Rich Communities Of Practice, Ramã³N Anthony Madrigal

USF Tampa Graduate Theses and Dissertations

This empirical research study investigated the phenomenon of ancient language teacher cognition in the technology-rich contexts of two secondary teachers of Latin. Although one teacher was an inexperienced teacher working in a traditional, face-to-face classroom in an independent school, the other teacher was an experienced teacher working at a public virtual school. Features of teacher cognition, such as pre-active planning and inter-active decision-making were examined from a communities-of-practice theoretical perspective (Wenger, 1998). An exploratory, sequential mixed-methods research design was implemented in this cross-case study. Among the research findings that emerged from this investigation was the notion of the expedient integration …

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Venturesome Women: Nineteenth-Century British Women Travel Writers And Sport, Precious Mckenzie-Stearns Jan 2007

Venturesome Women: Nineteenth-Century British Women Travel Writers And Sport, Precious Mckenzie-Stearns

USF Tampa Graduate Theses and Dissertations

This dissertation analyzes the travel writings of Isabella Bird Bishop, Mary Kingsley, Florence Douglas Dixie, and Isabel Savory. While away from England, these women writers participated in cultural exchanges which led to reevaluations of British womanhood. British women travel writers operated not only within the power structures of gender but also within the structures of empire, class, and race. Women travel writers blazed the trail for the New Woman of the end of the century. Before cycling and cigarette smoking were allowed, daring women such as Isabella Bird Bishop and Mary Kingsley crisscrossed the globe in defiance of patriarchal tradition …

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Minimally Innate Ideas, Michele Merritt Jan 2007

Minimally Innate Ideas, Michele Merritt

USF Tampa Graduate Theses and Dissertations

This project provides a detailed examination and critique of current philosophical, linguistic, and cognitive accounts of first language acquisition. In particular, I focus on the concept of "innate" and how it is embraced, marginally utilized, or abandoned altogether in efforts to describe the way that a child comes to be a competent user of a language. A central question that naturally falls out of this general inquiry is therefore what exactly is supposed to be "innate," according to various theories? Philosophically, the theory of innate ideas put forth to explain human learning has existed for centuries and hence, this thesis …

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Process Optimization And Consumable Development For Chemical Mechanical Planarization (Cmp) Processes, Subrahmanya R. Mudhivarthi Jan 2007

Process Optimization And Consumable Development For Chemical Mechanical Planarization (Cmp) Processes, Subrahmanya R. Mudhivarthi

USF Tampa Graduate Theses and Dissertations

Chemical Mechanical Planarization (CMP) is one of the most critical processing steps that enables fabrication of multilevel interconnects. The success of CMP process is limited by the implementation of an optimized process and reduction of process generated defects along with post CMP surface characteristics such as dishing and erosion. This thesis investigates to identify various sources of defects and studies the effect of factors that can be used to optimize the process. The major contributions of this work are: Understanding the effect of temperature rise on surface tribology, electrochemistry and post CMP pattern effects during the CMP process; investigating the …

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The Role Of Alternative Press In Mobilization For Political Change In Kenya 1982-1992 Society Magazine As A Case Study, Pius M. Nyamora Jan 2007

The Role Of Alternative Press In Mobilization For Political Change In Kenya 1982-1992 Society Magazine As A Case Study, Pius M. Nyamora

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to investigate the role of alternative press in mobilizing Kenyans to regain a multi-party political system after 29 years of one-party rule that had turned into authoritarianism. The study focused on Society magazine, and touched on two other magazines, Finance and Nairobi Law Monthly. Unlike Society, these magazines were not intended to cover politics, although they changed their role later. Finance and Nairobi Law Monthly were examined through secondary sources and the author's interactions with the publishers. Whereas Society was a weekly founded and run by journalists, Finance and Nairobi Law Monthly were monthlies …

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Key Stakeholder Perceptions Of The Expulsion Process For High School Students Identified As Emotionally Disturbed, Suzanne R. O'Neill Jan 2007

Key Stakeholder Perceptions Of The Expulsion Process For High School Students Identified As Emotionally Disturbed, Suzanne R. O'Neill

USF Tampa Graduate Theses and Dissertations

This study examined how the expulsion process works for seven male ninth grade students identified as emotionally disturbed and in particular, the perceptions students, their parents, five district representatives, and five high school administrators involved in an expulsion have of the process. Furthermore, the study investigated through in-depth interviews possible differences in perceptions between those students who are expelled, parents, and key education personnel involved in expulsion decisions. Computer-based qualitative data analysis software was used to organize and analyze the collected data. Results of the study indicate that the two primary key stakeholder participants; students and their parents, shared predominately …

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Documenting Dylan: How The Documentary Film Functions For Bob Dylan Fans, Theodore G. Petersen Jan 2007

Documenting Dylan: How The Documentary Film Functions For Bob Dylan Fans, Theodore G. Petersen

USF Tampa Graduate Theses and Dissertations

The purpose of this study is to explore the role of the documentary film in the relationship between the artist and the fan; specifically how Bob Dylan fans use the documentary films Dont Look Back, directed by D.A. Pennebaker, and No Direction Home, directed by Martin Scorsese. Dylan, Pennebaker, and Scorsese are three important figures in American popular culture, and these are the two most prominent films about Dylan. These films discuss relatively the same time period, yet delineate two different versions of Dylan's identity. Dont Look Back, released in 1967, documents Dylan's 1965 tour of England. Because of Pennebaker's …

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Determining Habitat Preferences Of The Juvenile Gopher Tortoise (Gopherus Polyphemus) Using Spatially Modeled Vegetation On A Central Florida Sandhill, Kristan Marie Nicole Raymond Jan 2007

Determining Habitat Preferences Of The Juvenile Gopher Tortoise (Gopherus Polyphemus) Using Spatially Modeled Vegetation On A Central Florida Sandhill, Kristan Marie Nicole Raymond

USF Tampa Graduate Theses and Dissertations

Public and private conservation areas are becoming increasingly important to the continued survival of the gopher tortoise, making it imperative that land managers know the specific habitat requirements of juvenile gopher tortoises because recruitment is key to species persistence. Little is currently known about environmental factors that underlie hatchling and juvenile survival and recruitment in gopher tortoise populations. Because of the short duration and distance of juvenile tortoise foraging journeys, food availability, thermoregulatory conditions, and refugia near the burrow may considerably affect juvenile growth and survival. This two-year study of a central Florida sandhill examines the spatial relationship between juvenile …

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The Art Of Existentialism: F. Scott Fitzgerald, Ernest Hemingway, Norman Mailer And The American Existential Tradition, J'Aimã© L. Sanders Jan 2007

The Art Of Existentialism: F. Scott Fitzgerald, Ernest Hemingway, Norman Mailer And The American Existential Tradition, J'Aimã© L. Sanders

USF Tampa Graduate Theses and Dissertations

The purpose of my research is to examine the philosophic influences on three literary works: F. Scott Fitzgerald's The Great Gatsby, Ernest Hemingway's Death in the Afternoon, and Norman Mailer's An American Dream. Through an investigation of biographical, historical, cultural, and textual evidence, I will argue for the influence of several European philosophers---Friedrich Nietzsche, Søren Kierkegaard, and Martin Heidegger---on these authors and on the structures and messages of their works. I will discuss how the specific works I have selected not only reveal each author's apt understanding of the existential-philosophical crises facing the individual in the twentieth century, but also …

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Chemical Differences Of Atherosclerotic Plaques In Native And Bypass Human Coronary Arteries And Diseased And Non-Diseased Human Aortas, Samuel Jean Washington Jan 2007

Chemical Differences Of Atherosclerotic Plaques In Native And Bypass Human Coronary Arteries And Diseased And Non-Diseased Human Aortas, Samuel Jean Washington

LSU Doctoral Dissertations

ABSTRACT Cardiovascular disease, primarily atherosclerosis involves a number of distinct processes that are associated with plaque development. The use of differential gel electrophoresis to determine differences between proteins produced in native and bypass coronary arteries from the same heart has been studied. The analytical techniques presented in this study to characterize plaque samples include two dimensional gel electrophoresis, sodium dodecylsulfate polyacrylamide gel electrophoresis, mass spectrometry, differential gel electrophoresis, and high performance liquid chromatography. An overview of the stages involved in atherosclerosis and the theories implicated in the manifestation of atherosclerosis was presented. A design study using the Box Behnken method …

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Crystal Engineering Of Co-Crystals And Their Relevance To Pharmaceutical Forms, Tanise R. Shattock Jan 2007

Crystal Engineering Of Co-Crystals And Their Relevance To Pharmaceutical Forms, Tanise R. Shattock

USF Tampa Graduate Theses and Dissertations

The research presented herein focus upon crystal engineering of co-crystals with an emphasis upon the exploration of co-crystals in the context of delineation of the reliability of hydrogen bonded supramolecular synthons and their hierarchies. The approach involves a combination of systematic Cambridge Structural Database analysis and a series of model co-crystal experiments. In addition, the viability of solid state methodologies toward supramolecular synthesis of co-crystals and the effect on polymorphism is also addressed. The application of the acquired knowledge is towards the crystal engineering of pharmaceutical co-crystals. The rational design and synthesis of pharmaceutical co-crystals accomplished by the selection of …

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Src Kinase Inhibitors For The Treatment Of Sarcomas: Cellular And Molecular Mechanisms Of Action, Audrey Cathryn Shor Jan 2007

Src Kinase Inhibitors For The Treatment Of Sarcomas: Cellular And Molecular Mechanisms Of Action, Audrey Cathryn Shor

USF Tampa Graduate Theses and Dissertations

Sarcomas are rare mesenchymally-derived tumors with limited treatment options. Tyrosine kinases may serve as potential targets for sarcoma therapy because many are mutated or overexpressed in sarcomas and cell lines. One potential molecular target for sarcoma treatment is the Src tyrosine kinase. Three independently synthesized Src kinase inhibitors were evaluated in human sarcoma cell lines. Of the three, dasatinib, provided promising results as a potential sarcoma therapy. Until this study, dasatinib activity had not been characterized in sarcoma cells. Based on our previous findings of Src activation in human sarcomas, we evaluated the effects of dasatinib in twelve sarcoma cell …

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"A Woman's Face, Or Worse": Otto Rank And The Modernist Identity, Michael L. Shuman Jan 2007

"A Woman's Face, Or Worse": Otto Rank And The Modernist Identity, Michael L. Shuman

USF Tampa Graduate Theses and Dissertations

Otto Rank is a significant but generally overlooked figure in the early history of psychoanalysis, and his work provides an illuminating context for the study of subjectivity and modernist culture. The "modernist identity" of my title is intended to represent, first, the concept of the individual self identified and expressed during this period and, secondly, the unique identity of modernist culture developed by artists through creative acts and emanating as the intellectual ambiance of the era. Through an examination of Rank's later theories and the work of prominent modernist artists, including Lawrence, Yeats, and Eliot, this dissertation will show that …

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Changes In Abundance And Distribution Of Humpback Whales, Megaptera Novaeangliae, In Hervey Bay Marine Park, Australia, Based On Aerial Surveys Conducted In 1992 And 2004, Lucã­A De La Paz Suzacq Jan 2007

Changes In Abundance And Distribution Of Humpback Whales, Megaptera Novaeangliae, In Hervey Bay Marine Park, Australia, Based On Aerial Surveys Conducted In 1992 And 2004, Lucã­A De La Paz Suzacq

USF Tampa Graduate Theses and Dissertations

Aerial surveys were conducted throughout Hervey Bay Marine Park between August and October 1992 and 2004 to determine changes in abundance and distribution of the Eastern Australia humpback whale population in this area. Due to concerns about possible effects of boat traffic on whale distributions associated with a growing whale watching industry, the number and location of vessels were also recorded during these surveys. Throughout the 1992 season, 17 flights were conducted and a total of 41.93 surveys hours were completed, recording 186 pods, and a total of 320 animals. In addition, 392 boats were spotted in the area. During …

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Narrative Efforts At Social Redemption By People With Aids/Hiv, Andrea Zolnier Thelen Jan 2007

Narrative Efforts At Social Redemption By People With Aids/Hiv, Andrea Zolnier Thelen

USF Tampa Graduate Theses and Dissertations

This dissertation explores four narrative texts written about AIDS/HIV and evaluates each one by applying Kenneth Burke's redemption drama, consisting of guilt, purification, and redemption. The methodology is a close textual analysis using rhetorical analysis as a way to highlight the use of the redemption drama in language. The first chapter explores the history of AIDS/HIV and makes the argument for using Burke's rhetorical approach. The second chapter briefly highlights the plot of the four narratives and provides background information and context for each book. The third chapter applies the concept of guilt to all four narratives. The fourth chapter …

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Uncertainty In The Information Supply Chain: Integrating Multiple Health Care Data Sources, Monica Chiarini Tremblay Jan 2007

Uncertainty In The Information Supply Chain: Integrating Multiple Health Care Data Sources, Monica Chiarini Tremblay

USF Tampa Graduate Theses and Dissertations

Similar to a product supply chain, an information supply chain is a dynamic environment where networks of information-sharing agents gather data from many sources and utilize the same data for different tasks. Unfortunately, raw data arriving from a variety of sources are often plagued by errors (Ballou et al. 1998), which can lead to poor decision making. Supporting decision making in this challenging environment demands a proactive approach to data quality management, since the decision maker has no control over these data sources (Shankaranarayan et al. 2003). This is true in health care, and in particular in health planning, where …

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Technology And Older Faculty: A Descriptive Study Of Older Florida Community College Faculty, Christopher D. Van Der Kaay Jan 2007

Technology And Older Faculty: A Descriptive Study Of Older Florida Community College Faculty, Christopher D. Van Der Kaay

USF Tampa Graduate Theses and Dissertations

Institutions of higher learning across the United States are experiencing an aging faculty population. A significant proportion of college and university faculty are over 55, a growth expected to continue in future years. Parallel to this growth and change has been an expanding use of technology in higher education. Despite this trend and potential implications, few studies have provided in-depth insight into older faculty and technology. The study used a quantitative descriptive design to provide a comprehensive look at older community college faculty and various aspects of technology. Areas examined included older faculty's perceptions of technology, their attitudes toward institutional …

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What The Spirit Knows: Charles Williams And Kenneth Burke, Grace Veach Jan 2007

What The Spirit Knows: Charles Williams And Kenneth Burke, Grace Veach

USF Tampa Graduate Theses and Dissertations

What the Spirit Knows: Charles Williams and Kenneth Burke examines the Arthurian poetry of Charles Williams using a methodology derived from Kenneth Burke. This is an experiment in literary criticism of a Christian poet using a methodology that is not specifically Christian. Key critical ideas found in Burke are utilized in reading poems from Taliessin Through Logres and Region of the Summer Stars. Burke's work on form and symbol (primarily from Counter-Statement) is addressed first. Form in an individual poem (using "Taliessin's Song of the Unicorn) and in an entire cycle is examined. Burke lists several uses for symbol in …

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Immunomodulatory Role Of Flagellin In Antigen-Presenting Cells, Ildefonso Vicente-Suarez Jan 2007

Immunomodulatory Role Of Flagellin In Antigen-Presenting Cells, Ildefonso Vicente-Suarez

USF Tampa Graduate Theses and Dissertations

Toll-like receptors (TLRs) expressed by cells of the immune system play a central role in the generation of immune responses against pathogens. Following TLR ligation, both pro-inflammatory and anti-inflammatory mediators are produced in order to elicit an immune response that controls the microbial infection while limiting tissue damage. Among these mediators, the proinflammatory cytokine IL-12 and the anti-inflammatory cytokine IL-10 are known to play major roles. Here, we show that in vitro or in vivo stimulation with flagellin, the TLR5 ligand, does not result in IL-10 production. Furthermore flagellin inhibits IL-10 production by other specific TLR ligands at the protein …

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Narratives Of Lesbian Transformation: Coming-Out Stories Of Women Who Transition From Heterosexual Marriage To Lesbian Identity, Clare F. Walsh Jan 2007

Narratives Of Lesbian Transformation: Coming-Out Stories Of Women Who Transition From Heterosexual Marriage To Lesbian Identity, Clare F. Walsh

USF Tampa Graduate Theses and Dissertations

Women who have transitioned to a lesbian identity from a previously heterosexual one lack a voice in the academic literature. Identity formation in this subset of women, those who chose a heterosexual marriage, had children, and later in life self identify as lesbian, has not been fully investigated. For this project, eight women were asked to answer this question: How have you negotiated the path from heterosexuality to lesbianism? Four main themes were found dealing with heteronormativity and accountability, relationship with children, transition, and acceptance by the lesbian community. Additionally, I introduce a new term---gender-normativity---to describe these women who only …

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Effect Of Personal And Practice Contexts On Occupational Therapists' Assessment Practices In Geriatric Rehabilitation, Mirtha Montejo Whaley Jan 2007

Effect Of Personal And Practice Contexts On Occupational Therapists' Assessment Practices In Geriatric Rehabilitation, Mirtha Montejo Whaley

USF Tampa Graduate Theses and Dissertations

Despite considerable debate surrounding an age associated cognitive decline in non-demented elders, recent studies indicate that changes attributable to normal aging affect cognitive processes and fluid abilities. Additionally, studies indicate that factors such as physical illness, depression, neurological damage, medication side effects, drug interactions, and the effects of surgery and anesthesia may also cause varying degrees of cognitive impairment. Impairment of cognitive function is known to affect treatment and rehabilitation outcomes for older persons, and increase their likelihood of institutionalization. Although proper screening and identification of cognitive deficits in geriatric patients are crucial in developing treatment plans, there is evidence …

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