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Poetics And Maieutics: Literature And Tacit Knowledge Of Emotions, Stefán Snaevarr

Contemporary Aesthetics (Journal Archive)

The theme of this paper is the idea that imaginative literature can disclose our tacit knowledge of emotions. It this does with the aid of such devices as metaphors and similes. The kind of insight we get thanks to the disclosive power of literature is akin to that which Kjell S. Johannessen has called 'knowledge by familiarity,' Frank Palmer 'knowing what' and Charles Taylor implicitly 'the result of articulation.' I defend the theory that at least some important emotions cannot be understood (or even exist) outside of behavioral contexts and that this understanding is mainly tacit. I try to show …

Examination Of The Major Factors Contributing To The School Psychology Shortage, Sara Ann Recker

Dissertations and Theses @ UNI

The shortage of school psychologists in the United States has been an issue for many years. Though research has been done to address regional shortages, no research has addressed the shortages in each state. Furthermore, little research exists that examines the settings in which the practitioner shortage is most critical. This study utilizes survey research to examine the current shortage in each of the 50 states (and the District of Columbia) and also to determine whether the shortages exist in urban, suburban, or rural areas. Additionally, this study begins to examine possible reasons the shortage exists in the different states. …

Differences In Junior High, High School, And College Coaches’ Self-Perceptions Of Behavior, Scott D. Salthun

Dissertations and Theses @ UNI

The purpose of this study was to examine coaches' self-perceptions of their competence in (a) training and instruction, (b) positive feedback, and (c) social support. Also, differences in coaches' gender, competitive level, leadership style, gender of athletes, age, and number of years coaching were investigated in relation to their self-perceptions. A modified questionnaire from Ipinmoroti (2002) was used as the instrument in this study. The questionnaire included three of the five subscales of the leadership scale for sport: (a) training and instruction, (b) positive feedback, and (c) social support. A total of 85 coaches participated in this study. A series …

Introduction, Joel R. Reidenberg

Faculty Scholarship

As a leader in the publication of legal scholarship, the Fordham Intellectual Property, Media and Entertainment Law Journal sought the insights of internationally renowned scholars on critical problems in intellectual property law. In this focused issue, five top scholars tackle timely questions.

The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg

Faculty Scholarship

This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …

Predicting Corporate Governance Risk: Evidence From The Directors' & Officers' Liability Insurance Market, Tom Baker, Sean J. Griffith

Faculty Scholarship

This Article examines how liability insurers transmit and transform the content of corporate and securities law. Directors' & Officers' (D&O) liability insurers are the financiers of shareholder litigation in the American legal system, paying on behalf of the corporation and its directors and officers when shareholders sue. The ability of the law to deter corporate actors thus depends upon the insurance intermediary. How, then, do insurers transmit and transform the content of corporate and securities law in underwriting D& 0 coverage?In this Article, we report the results of an empirical study of the D&O underwriting process. Drawing upon in-depth interviews …

A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib

Faculty Scholarship

This paper furnishes jury system information about the twenty-eight democracies (excluding the United States) that have been consistently democratic since at least the early 1990s and have a population of five million people or more (with allowance for Mexico and South Africa). I describe general rules that do not always apply to every crime in every context. In the United States, for example, we tend to use a randomly-selected jury of twelve people that sits for a single case; laws generally require unanimity to convict and unanimity to acquit. Failure to reach unanimity results in a “hung” jury, with the …

Adults' Perceived Prevalence Of Enteric Fever Predicts Laboratory-Validated Incidence Of Typhoid Fever In Children, Xinguang Chen, Bonita Stanton, Al Pach, Andrew Nyamete, R. Leon Ochiai, Linda Kaljee, Baiqing Dong, Dipika Sur, S.K. Bhattacharya, Siti Sapardiyah Santoso, Magdarina Agtini, Zahid Memon, Zulfiqar Ahmed Bhutta, Canh Gia Do, Lorenz Von Seidlein, John Clemens

Centre of Excellence in Women and Child Health

This study was undertaken to develop a model to predict the incidence of typhoid in children based on adults’ perception of prevalence of enteric fever in the wider community. Typhoid cases among children, aged 5-15 years, from epidemic regions in five Asian countries were confirmed with a positive Salmonella Typhi culture of the blood sample. Estimates of the prevalence of enteric fever were obtained from random samples of adults in the same study sites. Regression models were used for establishing the prediction equation. The percentages of enteric fever reported by adults and cases of typhoid incidence per 100,000, detected through …

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Scholarly Works

This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.

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 …

Applicability Of Borman Decision Tree Its Management Tool To Other Expressway Systems, Ahmed S. Soliman, Robert Bertram Jacko, Barry K. Partridge

JTRP Technical Reports

An empirical model called the Traffic Air Quality Model (TAQ) was developed from meteorological and PM2.5 measurements adjacent to the Borman Expressway in Northwest Indiana to estimate PM2.5 road emissions. It concluded that on average a 74% improvement in air quality is expected (based on reduction of mass emitted per mile [g/mi]) when the average Borman speed range is improved from < 30 mph to >50 mph. An additional 39% (on average) improvement in the PM_2.5 emissions on the Borman Expressway was found when traffic flow speeds increased from 55 mi/h to 75 mi/h. The TAQ model was found to perform well when tested …

Crime Volume And Law And Order Culture, Steven Stack, Liqun Cao, Amy Adamczyk

Publications and Research

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data …

Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron

Scholarly Works

No abstract provided.

Race Discrimination And Human Rights Class Actions: The Virtual Exclusion Of Racial Minorities From The Class Action Device, George A. Martinez

Faculty Journal Articles and Book Chapters

In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded from using the class action device to bring civil rights claims.

This paper argues that courts are very tough in how they handle class certification decisions in race discrimination class actions. On the other hand, the courts are quite lenient in how they handle class certification decisions in human …

Feeding Drosophila A Biotin-Deficient Diet For Multiple Generations Increases Stress Resistance And Lifespan And Alters Gene Expression And Histone Biotinylation Patterns, Erin M. Smith, Jia Tse Hoi, Joel C. Eissenberg, James D. Shoemaker, Wendi S. Neckameyer, Anne M. Ilvarsonn, Lawrence G. Harshman, Vicki L. Schlegel, Janos Zempleni

Department of Nutrition and Health Sciences: Faculty Publications

Caloric restriction increases stress resistance and lifespan in Drosophila melanogaster and other species. The roles of individual nutrients in stress resistance and longevity are largely unknown. The vitamin biotin is a potential candidate for mediating these effects, given its known roles in stress signaling and gene regulation by epigenetic mechanisms, i.e., biotinylation of histones. Here, we tested the hypothesis that prolonged culture of Drosophila on biotin-deficient medium increases stress resistance and lifespan. Flies were fed a biotin-deficient diet for multiple generations; controls were fed a biotin-normal diet. In some experiments, a third group of flies was fed a biotin-deficient diet …

Subways As A Space Of Cultural Intimacy: The Mass Rapid Transit System In Taipei, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Southern Green Revolution: Urban Environmental Activism In Kaohsiung, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Structural Reinterpretation Of Poverty By Examining Working Poverty: Implications For Community And Policy Practice, Philip Young P. Hong, Stephen Wernet

Social Work: School of Social Work Faculty Publications and Other Works

This exploratory research focused on the structural context of working poverty, thereby transcending its individual or behavioral aspects. Two major questions guided this study: (1) How are the working poor different compared to the working nonpoor? (2) How do structural conditions affect the chances of one being working poor? Central findings of the study were that four primary sets of factors—demographic, human capital, employment barriers, and labor market positions—contribute to an individual's likelihood of being among the working poor. The structural factors—employment barriers and labor market positions—significantly contributed to the effects of human capital and demographic variables. All four factors …

Mode, Melody, And Harmony In Traditional Afro-Cuban Music: From Africa To Cuba., Peter L. Manuel

Publications and Research

No abstract provided.

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.

The Animal Question: The Key To Coming To Terms With Nature, Jim Mason

Animal Law Review

No abstract provided.

Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan

Animal Law Review

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in …

2006 Animal-Law Related Articles, Brett Cattani

Animal Law Review

Animal Law is pleased to introduce as a new annual feature a bibliography of animal law-related articles published in law reviews and law journals during the previous year. For ease of reference, each article has been placed into a relevant category and each category provides a non-exhaustive list of potential topic examples. Some articles may appear in more than one category. Although we have made every effort to be as comprehensive as possible and present a complete listing of 2006 articles, this list may not be all-inclusive. We hope this compilation will serve as a useful resource in exploring contemporary …

Finding Our Voice: Challenges And Opportunitites For The Animal Law Community, Pamela Frasch

Animal Law Review

No abstract provided.

A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden

Animal Law Review

Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …

Pets In The Eye Of The Storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes, Megan Mcnabb

Animal Law Review

The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king’s court in order to resolve their quarrel as to which of them is the true mother. This article recounts a modern-day King Solomon story: the “baby” is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody dispute cases that arose after the …

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page

Georgia Law Review

This Article contends that domestic partnership based upon business partnership law and associated fiduciary duties would better serve more couples, their families, and society as a whole than marriage law does now. Four problems-the rising divorce rate, the poverty of some "divorced" children and their custodians, the same-sex marriage controversy, and families that exist without a formal legal acknowledgment-have increased concerns about the viability of marriage as an institution that promotes domestic stability and economic security. As a response and solution, Professors Drobac and Page propose a Uniform Domestic Partnership Act, modeled after the Uniform Partnership Act (1914) for businesses. …

What Should We Celebrate On Constitution Day?, Alan E. Garfield

Georgia Law Review

Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …

Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris

Georgia Law Review

During its short existence, the Coalition Provisional Authority (CPA), the U.S.-led occupation regime that governed Iraq from May 2003 to June 2004, entered into security and reconstruction contracts amounting to billions of dollars. Fraud pervaded the chaotic contracting environment of CPA-era Iraq. The False Claims Act (FCA), enacted by Congress during the Civil War to protect the Union from profiteering suppliers, remains the U.S. government's most effective tool in combating fraud. Whistleblower or qui tam provisions within the FCA function to assist the under-staffed contractingcorps ferret out fraud. This Note will argue that the FCA should apply to all CPA …