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Immunity For Hire: How The Same-Actor Doctrine Sustains Discrimination In The Contemporary Workplace, Natasha Martin

Faculty Articles

This article provides a doctrinal critique of an employment discrimination principle recognized by the courts-the same-actor inference-based on its incongruence with both cognitive psychological research and the social dynamics of the workplace. The same-actor principle, in its most potent form, provides that where the same decision-maker engages in an alleged adverse employment action within a short period of time of making a positive employment decision, such evidence creates a strong presumption that the decision-maker harbored no unlawful discriminatory animus. The same-actor doctrine was first recognized by the Fourth Circuit in Proud v. Stone, in which the court deemed the nature …

Acer 2007-2008 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.

A Grounded Theory Study Of The Leadership Characteristics Of John F. Kennedy: A Leadership Model For Educational Leaders, Kanika D. Colvin-White

Theses and Dissertations

Adverse challenges in schools that distract from student learning have necessitated effective leadership more than ever before. These challenges include, but are not limited to, budget cuts, standardized testing, poorly trained teachers, poverty, and low parent participation. Every school year academic administrators approach the aforementioned challenges with the hope of improving student achievement. However, without effective practices to foster and sustain student achievement, often, their efforts are in vain. As school districts recruit and deploy leaders, it is critical to select those who have passion to foster positive change. It is equally important to hire administrators who possess those characteristics …

Using The Task Technology Fit Model As A Diagnostic Tool For Electronic Medical Records Systems Evaluation, Carol A. Kilmon, Mary Helen Fagan, Vivek Pandey, Thomas Belt

Management Faculty Publications and Presentations

Electronic Medical Records (EMR) systems offer health care organizations numerous potential benefits. However, it can be difficult to ascertain whether users are satisfied with such systems, and if not, where concerns exist. Organizations wishing to evaluate a health care system implementation like an EMR system can choose from a variety of approaches that have been developed in the Information Systems (IS) discipline. After evaluating a number of alternatives, the researchers selected the Task Technology Fit (TTF) model and its associated instrument as a diagnostic tool to evaluate the implementation of the first phase of an EMR at a university hospital. …

Tina Archuleta V. St. Marks's Hospital : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A DECISION OF THE THIRD JUDICIAL DISTRICT COURT HONORABLE PAT BRIAN

Peak Alarm Company, Inc., Jerry D. Howe And Michael Jeffrey Howe V. Salt Lake City Corporation, Shanna Werner, Charles F. "Rick" Dinse, Scott Atkinson, And James Bryant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANTS PEAK ALARM COMPANY, INC., JERRY D. HOWE and MICHAEL JEFFREY HOWE APPEAL FROM THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE L. R. DEVER PRESIDING

Supreme Court Case No. 20080918 Trial Court No. 050906433

The Choice Between Madison And Fdr, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This exchange is about three clauses that have often been used by the courts since the New Deal to expand federal power: the Commerce Clause, the Necessary and Proper Clause, and the Taxation Clause, from which the spending power has (at least until today) been construed. This Essay addresses the originalist interpretation of the Necessary and Proper Clause.

Pro-Life Voters And The Pro-Choice Candidate, Gerard V. Bradley

Journal Articles

From the Introduction

The "pro-life" position consists, basically, of these two propositions. One is that people begin at conception, so that to kill anyone from conception onwards is to kill a human person. The second proposition is that it is wrong - morally wrong - to intentionally kill any innocent person. Neither proposition is about religious faith. No one needs religious faith to see and to say that both of these propositions are true.

So it won't do to say that one is "pro-life" because one views abortion with profound misgivings, or because one regrets that so many abortions occur …

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

Articles

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …

Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

In recent years, considerable blood, sweat, and treasure have been devoted to building the rule of law in the wake of armed conflicts and military interventions in many parts of the world. From Afghanistan to Iraq, Kosovo to East Timor, and Sierra Leone to Haiti and elsewhere, international interveners and local leaders have struggled to address both security and humanitarian challenges in societies seeking to overcome a legacy of violent conflict

The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor

Journal Articles

This article examines the behavioral analysis of law, meaning the application of empirical behavioral evidence to legal analysis, which has become increasingly popular in legal scholarship in recent years. Following the introduction in Part I, this Article highlights four central propositions on the subject. The first, developed in Part II, asserts that the efficacy of the law often depends on its accounting for relevant patterns of human behavior, most notably those studied by behavioral decision scientists. This Part therefore reviews important behavioral findings, illustrating their application and relevance to a broad range of legal questions. Part III then argues that …

Measuring Community-Engaged Departments: A Study To Develop An Effective Self-Assessment Rubric For The Institutionalization Of Community Engagement In Academic Departments, Kevin Kecskes

Dissertations and Theses

Change in American higher education is occurring at a rapid pace. The increasing reemergence of civic or community engagement as a key component in the overall landscape of American higher is emblematic of that change. Academic departments play a critical role in higher education change, including institutionalizing community engagement on campuses. Yet, designing a way of measuring community engagement specifically at the level of the academic department has not been undertaken.

Based on advice from national expert/key informant interviews and the recognition of the importance of the role of academic departments in the overall institutionalization of community engagement in higher …

The Role Of Brownfields Redevelopment In The Rejuvenation Of An Older Industrial City: A Case Study Of Two Successful Brownfields Reuse Projects In Baltimore, Maryland, Gregory William Lewis

Graduate Student Theses, Dissertations, & Professional Papers

The industrialized world is littered with tens of thousands of acres of vacant, decaying, and often contaminated industrial and commercial sites. These sites, commonly referred to as “brownfields,” scar the landscape of communities, expose citizens to possible health risks, deteriorate surrounding land values, and erode the tax base of municipalities. Vacant and abandoned industrial sites are present in every state, but the blight associated with brownfields is worst in America’s “rustbelt,” the chain of once great industrial cites and towns stretching along historic canals and rail lines from Baltimore to Boston, and west to Milwaukee. This thesis investigates federal and …

Lessons To Learn From All Out Invasion: Life History Of Brown Trout (Salmo Trutta) In A Patagonian River, Sarah Louise O'Neal

Graduate Student Theses, Dissertations, & Professional Papers

Brown trout (Salmo trutta) are widely introduced throughout Patagonia, though their distribution and impact in the region remain poorly documented. Life history flexibility, and particularly partial migration play a major role in the ability of this species to adapt to Patagonian rivers. Consequently, this study explored habitat, distribution and life history of a partially migratory population of brown trout in the Rio Grande in Tierra del Fuego, Argentina. It described what is known of the history of the invasion. Physical, chemical, and biological habitat data were collected for comparison between sites supporting resident fish with those supporting anadromous fish. Additionally, …

James 0. Kennon And Dick Cumiskey, Pro Se Petitioners/ Appellants V. Utah Air Quality Board And Sevier Power Company, Respondents/ Appellees : Brief Of Appellee Sevier Power Company

Utah Supreme Court Briefs (1965 –)

Appeal from a Decision of the Utah Air Quality Board James 0. Kennon

The Leadership Role In Online Support Programs For Beginning Teachers, Nancy K. Gagen Clouse

Graduate Student Theses, Dissertations, & Professional Papers

As distance learning opportunities foster a wide array for online mentoring, program administrators are in need of research supporting the successful development and management of such efforts. This qualitative research examined the leadership perspectives, skills, and strategies involved in developing and administering an online support program (also referred to as electronic mentoring) designed to help beginning teachers transition into the profession and improve their retention (National Commission on Teaching and America's Future, 2003). The population was comprised of all known programs established to date in the United States. Interviews were conducted of 28 program administrators representing 20 online programs for …

Henry Meloy: The Portraits, A Narrative Of The Exhibition, Kathryn Lorraine Rodriguez

Graduate Student Theses, Dissertations, & Professional Papers

The Montana Museum of Art & Culture (MMAC) exhibited the portraiture of Montana modernist painter Henry Meloy in July and August of 2007. As curatorial intern, I assisted in the mounting of this exhibition and researched the biography of and portraits created by Meloy. The professional paper describes the process of mounting the show from the acquisition of the permanent loan of the Meloy collection by the MMAC through exhibiting and and shipping the work. This description is supplemented with biographical information and critical assessment of the portraits, which show stylistic developments in visual arts in the United States between …

Learning Communities, Achievement And Completion: Exploring Relationships In Southern Alberta Secondary Schools, Corrienne Janet Beres

Graduate Student Theses, Dissertations, & Professional Papers

Longitudinal studies carried out by Statistics Canada and Human Resources Development Canada (Bowlby & McMullen, 2002) identified that dropout rates are high in Canada in relation to other developed nations. In 2003, Alberta's Commission on Learning found that one quarter of Alberta's high school enrollees were not completing high school. The Commission proposed the formation of learning communities as one way to increase the achievement of students in Alberta, with the intention that this would then increase the number of students completing high school. This research was undertaken to ascertain how mature the learning communities were in the high schools …

An Analysis Of Alberta's First Nations, Metis, And Inuit School-Community Learning Environment Project, Kelly Burke Thomas

Graduate Student Theses, Dissertations, & Professional Papers

The First Nations, Métis, and Inuit School-Community Learning Environment Project was one of the programs through which the Aboriginal Branch of Alberta Education attempted to increase the academic success rate of First Nation, Métis, and Inuit students. Sixteen school jurisdictions in Alberta were asked to choose one school within their district on which to focus the resources offered by the Project. These resources included a large amount of money and print materials prepared by the Aboriginal Branch. The schools were asked to consult with the school community and area residents, including elders, to prepare strategies they believed would fulfill the …

What Is The Government's Role In Promoting Morals - Seriously, G. Marcus Cole

Journal Articles

In thinking about the government's proper role in promoting morals, it is helpful first to understand the nature of the disagreement. Part I of this Essay examines what is commonly meant by-as the great Lon Fuller described it-the "morality of law."' Following Professor Fuller's framework, this Essay distinguishes between two very different moralities of law: the "morality of duty" and the "morality of aspiration." The morality of duty consists of the basic proscriptions-against murder or theft, for example-required by any governmental authority. The morality of aspiration, however, is a different matter altogether. It comprises the rules associated with promoting virtue. …

Understanding The Motivations Of Rock Climbers: A Social Worlds Study, Amy Miller Ansari

UNLV Theses, Dissertations, Professional Papers, and Capstones

Rock climbing affects public lands through erosion, destruction of vegetation, and disturbance to historical sites. Minimum impact messages can help reduce impacts but requires understanding characteristics of the message recipient. The purpose of this study was to understand the motivations of rock climbers to help land managers design more effective minimum impact messages. This study assesses the motivations of rock climbers using a social worlds approach, focusing on the sub-worlds of. traditional climbers, sport climbers, and boulderers. I found that traditional climbers are most motivated to pursue a wilderness experience, climb in a natural wilderness setting, and climb in quiet …

Cyber Bullying And Victimization: Psychosocial Characteristics Of Bullies, Victims, And Bully/Victims, Delia Carroll Campfield

Graduate Student Theses, Dissertations, & Professional Papers

This study explored cyber bullying and victimization. The use of technology as a vehicle for peer victimization is increasing and is associated with a risk of psychosocial maladjustment (Finkelhor, et al., 2000; Wolak, et al., 2006; Ybarra & Mitchell, 2004a, 2004b). It is thought to peak during middle school (Harris & Petrie, 2002); thus, the sample included 6th, 7th, and 8th graders who identified themselves as cyber bullies, victims, or bully/victims. Hypotheses were as follows: face-to-face bullies and victims would also be involved in cyber bullying and victimization, with females being more involved than males; cyber bullying and victimization would …

Custer's Last Drag: An Examination Of Tobacco Use Among The Seventh Cavalry During The Nineteenth Century, Shannon Marjorie Vihlene

Graduate Student Theses, Dissertations, & Professional Papers

Tobacco has played an integral role in global history, and there are numerous historical records related to tobacco use over the past five hundred years. The odontological evidence recovered from the Custer National Battlefield infers a high frequency of tobacco use within the Seventh Calvary, yet nineteenth century historical records fail to mention such intensive use in the Seventh Calvary. This paper will briefly discuss late nineteenth century tobacco culture and apply that to a bioarchaeological research project associated with remains from the Custer National Battlefield to addresses this contradiction between historical and physical records.

Changes In Osteoarthritis Of The Elbow And Shoulder Joints In Women When Trasitioning From Hunting And Gathering To An Agricultural Subsistence, Kirsten Anne Green

Graduate Student Theses, Dissertations, & Professional Papers

Changes in bone morphology have always been a concern of physical anthropologists who are trying to explain a culture's everyday activity. These types of changes, including arthritic and musculoskeletal, are based on subjective observation of the researcher and therefore subject to observer error. I used three samples; the Indian Knoll sample, the Nutwood and Rosedale Mound sample, and a control sample from the Terry collection I was able to employ a scoring method based on Hawkey (1988). This current research uses the scoring method for arthritic changes in women to test for changes in patterns of distribution and/or severity when …

Service Dimensions Of Service Quality Impacting Customer Satisfaction Of Fine Dining Restaurants In Singapore, Ko King Lily Harr

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper is an exploratory study of customer satisfaction of fine dining restaurants in Singapore. Since there is a causal relationship between customer satisfaction and service quality and services literature and studies have shown that service quality is an antecedent of customer satisfaction, this paper seeks to find out the service dimensions of service quality, which lead to higher levels of customer satisfaction. This study suggested that the service dimensions of assurance, empathy and tangibles are the most important to customers’ evaluation of service quality, and thus, may have a positive influence customer satisfaction. The service aspects of each of …

Primary Teachers' Knowledge And Knowledge Calibration Of Early Literacy Practices, Tami Al-Hazza, Charlene Fleener, Jane Hager

Teaching & Learning Faculty Publications

This research design was based on the knowledge calibration work by Cunningham, Perry, Stanovich, and Stanovich (2004). One hundred and forty-one full time teachers participated in a four day professional development workshop on research-based reading instruction. Participants were administered a three-part survey comprised of 1) demographic information 2) knowledge calibration items measuring perceived understanding of phonics, phonological awareness, and syllabication and 3) phonics pretest published in Self-Paced Phonics: A Text for Educators (2005). There were statistically significant differences between participants who rated their knowledge as high and those who rated their knowledge as low on the phonological and phonics items. …

Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro

Faculty Scholarship

This Article explores the use of implied consent laws as a method of deterring and punishing alcohol-impaired driving. Part I introduces the history and purpose of implied consent laws. Part II discusses the inadequacies of current statutory implied consent provisions and their failure to effectively attain their designed purpose. This section also highlights two particularly detrimental aspects of the law as currently implemented: (1) the lack of uniformity in the application of the laws by individual states; and (2) the disparate treatment of persons who refuse to submit to BAC testing, both in terms of consequences of refusal to submit …

When The Bell Can't Be Unrung: Document Leaks And Protective Orders In Mass Tort Litigation, William G. Childs

Faculty Scholarship

This Article focuses on the proper balance for the tort system to strike between its role as a means for resolving disputes and its potential role as a means for obtaining information about the conduct of the parties, especially as that conduct affects public health.

The Author states that most protective orders in mass torts have been appropriate, and most documents presently designated as confidential have been properly designated, at least under the policies that have been established to date. The Author starts with the notion that protective orders have value and that there are reasons to try to prevent …

Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv

St. Mary's Law Journal

The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …

Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton

St. Mary's Law Journal

Abstract Forthcoming.