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2008

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The Relationship Between Learning Style Preference And Achievement In The Adult Student In A Multicultural College., Matilde E. Roig Jan 2008

The Relationship Between Learning Style Preference And Achievement In The Adult Student In A Multicultural College., Matilde E. Roig

Walden Dissertations and Doctoral Studies

Minority college students have varied learning styles and process information from distinct background and cultural perspectives, which influences their learning. Accordingly, the way faculty approach teaching affects student achievement. Few minorities are in scientific fields, with a shortage of scientists predicted. A problem exists in understanding the relationship between learning style preferences and achievement of minority college students. The purpose of the study was to investigate this relationship in adult minority students in a South Florida college's biology courses. Research questions pertained to relationships between learning style preferences, race, ethnicity and grades. This quantitative study used the online Felder-Soloman Inventory …

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Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel Jan 2008

Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel

Faculty Scholarship

This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …

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Something Old, Something New: Civic Virtue And The Case For Same-Sex Marriage, Tiffany C. Graham Jan 2008

Something Old, Something New: Civic Virtue And The Case For Same-Sex Marriage, Tiffany C. Graham

Scholarly Works

In 1993, the Supreme Court of Hawaii issued a decision that forced the question of same-sex marriage from the hinterland of academic speculation to the front pages of newspapers all over the country. The nation was stunned when the court in Baehr v. Lewin held that same-sex marriage might be compelled by the state constitution of Hawaii. Since the Baehr decision, same-sex marriage has received a significant amount of attention. Many states have passed “baby DOMAs,” all of which limit marriage to the union of a man and a woman. In addition, several states have passed constitutional amendments that accomplish …

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Law Of The Land – Year In Review, Patricia E. Salkin Jan 2008

Law Of The Land – Year In Review, Patricia E. Salkin

Scholarly Works

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …

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A Response To Professor Steinberg’S Fourth Amendment Chutzpah, Fabio Arcila Jan 2008

A Response To Professor Steinberg’S Fourth Amendment Chutzpah, Fabio Arcila

Scholarly Works

Professor David Steinberg believes that the Fourth Amendment was intended only to provide some protection against physical searches of homes through imposition of a specific warrant requirement because the Framers' only object in promulgating the Fourth Amendment was to ban physical searches of homes under general warrants or no warrants at all. This response essay takes issue with his thesis by (1) discussing its implications, (2) reviewing some concerns with his methodology in reviewing the historical record, and (3) examining the theoretical implication underlying his thesis that, except as to homes, we have a majoritarian Fourth Amendment, and questioning whether …

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Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik Jan 2008

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

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Indicators Of Self-Rated Driving Ability Among A Community-Based Sample Of Older Adults, Michelle Lynn Ackerman Jan 2008

Indicators Of Self-Rated Driving Ability Among A Community-Based Sample Of Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

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Carbon Nanotube/Epoxy Nanocomposi Tes: Effect Of Interfacial Chemistry And Processing On Molecular Mobility, Cure Behavior, Morphology And Properties, Mohamed A. Abdalla Jan 2008

Carbon Nanotube/Epoxy Nanocomposi Tes: Effect Of Interfacial Chemistry And Processing On Molecular Mobility, Cure Behavior, Morphology And Properties, Mohamed A. Abdalla

All ETDs from UAB

No abstract provided.

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The Adaptive Immune System Of Sea Lamprey, Matthew N. Alder Jan 2008

The Adaptive Immune System Of Sea Lamprey, Matthew N. Alder

All ETDs from UAB

No abstract provided.

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The Impact Of Feedback On Self-Rated Driving Ability Among Older Adults, Michelle Lynn Ackerman Jan 2008

The Impact Of Feedback On Self-Rated Driving Ability Among Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

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Total Body Water Estimations In Healthy Men And Women Using Bioimpedance Spectroscopy: A Deuterium Oxide Comparison, Jordan R. Moon, Sarah E. Tobkin, Michael D. Roberts, Vincent J. Dalbo, Chad M. Kerksick, Michael G. Bemben, Joel T. Cramer, Jeffrey R. Stout Jan 2008

Total Body Water Estimations In Healthy Men And Women Using Bioimpedance Spectroscopy: A Deuterium Oxide Comparison, Jordan R. Moon, Sarah E. Tobkin, Michael D. Roberts, Vincent J. Dalbo, Chad M. Kerksick, Michael G. Bemben, Joel T. Cramer, Jeffrey R. Stout

Department of Nutrition and Health Sciences: Faculty Publications

Background: Total body water (TBW) estimations have been used to estimate body composition, particularly fat-free mass, to aid in nutritional interventions, and to monitor hydration status. In the past, bioimpedance spectroscopy (BIS) devices have been used to estimate TBW. Previous investigations have examined the validity of the XiTRON 4000B (XiTRON Technologies) BIS device for estimating TBW. Recently, a new BIS device (Imp™ SFB7) has become available, claiming greater precision when estimating TBW. The Imp™ SFB7 (SFB7) is based on similar BIS principles, while offering increased portability and a greater range of frequencies when compared to older devices, such as the …

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Bionormativity And The Construction Of Parenthood, Katharine K. Baker Jan 2008

Bionormativity And The Construction Of Parenthood, Katharine K. Baker

Georgia Law Review

This Article explores the relationship between legal and biological parenthood. It examines how neither history, nor biology, nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attractionto a biological (or"bionormative")regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive, and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure on these ancillary qualities …

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Don't Be Left Out In The Cold: An Argument For Advancing American Interests In The Arctic Outside The Ambits Of The United Nations Convention On The Law Of The Sea, Jason W. Howard Jan 2008

Don't Be Left Out In The Cold: An Argument For Advancing American Interests In The Arctic Outside The Ambits Of The United Nations Convention On The Law Of The Sea, Jason W. Howard

Georgia Law Review

In the world of fast-depleting fossil fuel reserves, any area promising new sources of oil and natural gas will be valuable to the nation controlling it. The Arctic Circle could be such an area. Recognizing this, in August 2007, while gathering scientific data, a submarine placed a titanium Russian flag on the Arctic seafloor in a symbolic statement of Russia's claim to the area. As Russia and other nations prepare their claims under the U.N. Convention on the Law of the Sea, the United States, because it has not yet ratified the treaty, is left to defend its interest outside …

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Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup Jan 2008

Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup

Georgia Law Review

Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …

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Designating Health Care Decisionmakers For Patients Without Advance Directives: A Psychological Critique, Nina A. Kohn, Jeremy A. Blumenthal Jan 2008

Designating Health Care Decisionmakers For Patients Without Advance Directives: A Psychological Critique, Nina A. Kohn, Jeremy A. Blumenthal

Georgia Law Review

States' default surrogate statutes allow family or friends to make health care decisions for incapacitated patients who lack advance directives. Although such statutes are commonly justified on the grounds that they honor the wishes of incapacitated persons, the review of empirical research on surrogate decision making in this Article challenges this justification. The authors find that default surrogate statutes do a reasonable job of capturing majority preferences for health care decision making processes, but do not ensure that patients receive the treatment they would have selected for themselves if able. Rather,surrogates appointed under default surrogate statutes can be expected to …

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The "Scope Of A Student": How To Analyze Student Speech In The Age Of The Internet, Erin Reeves Jan 2008

The "Scope Of A Student": How To Analyze Student Speech In The Age Of The Internet, Erin Reeves

Georgia Law Review

In three seminal cases dating from 1969-1988, the U.S. Supreme Court determined that students have a more limited right to free speech while within the confines of a public school building. In recent years, however, more and more cases have arisenin which it is not so clear whether a student speaker is "on-campus,"due in large part to the rapid increase in speech communicated over the Internet. This Note explores the possibility of how far the "confines of a public school building" should be extended in this age of the Internet. After analyzing the current confusion regarding what amount of restriction …

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Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon Jan 2008

Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon

Georgia Law Review

Cell phones keep society connected, and exploring their contents reveals a glimpse into the user's life. As technology develops and these phones advance, this glimpse becomes a more complete picture of the user's life. The Fourth Amendment speaks of a right to be secure against unreasonable searches and seizures, but this right is threatened when judges permit the few exceptions to the warrant requirement to envelop the general rule. This Note begins with a brief review of the history of both cellphones and warrantless searches, followed by the recent history of warrantless cell phone searches. While focusing on the search- …

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Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne Jan 2008

Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne

Georgia Law Review

This Article offers a unique and timely treatment of the dual, yet divergent, rise in employer regulation of off-duty behavior and employee privacy law. Recent trends show that technology has expanded the supervisory tools available to employers and made the workplace a more fluid concept; in addition, financial pressures have grown from expensive employee benefits and other business costs. As a result, employers have been increasingly interested in reaching beyond their office walls to gather pertinent information for making personnel decisions. On the other hand, a movement is building in law to segregate off-duty activity from employer purview, particularly in …

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Deliberately Different: Bullying As A Denial Of A Free Appropriate Public Education Under The Individuals With Disabilities Education Act, David E. Ferster Jan 2008

Deliberately Different: Bullying As A Denial Of A Free Appropriate Public Education Under The Individuals With Disabilities Education Act, David E. Ferster

Georgia Law Review

Bullying is pervasive in America's public schools. Despite recent emphasis on character education programs and the passage of anti-bullying legislation, up to 30% of students are either bullies or victims, and over two-thirds of students believe their schools do not make sincere efforts to prevent bullying. Students with disabilities are particularly vulnerable; they are substantially more likely to be victims of bullying than their non-disabled peers, and the effects of bullying make these already at-risk students more likely to underperform academically and drop out of school. Student victims of certain types of bullying have had limited success in holding schools …

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A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan Jan 2008

A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan

Georgia Law Review

While consumers have a choice whether to purchase an iPhone, they have no choice in the wireless service provider that is linked to it. This is just one example of what has become a regular practice in the world of American cellular phones--cell phone locking. Today, modern American cell phone users stand at the mercy of wireless service providers. They are placed in this position in part because wireless service providers have had the inadvertent luxury of being overly protected by United States copyright law. As the law stands today, wireless service providers are not only free to lock handsets …

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A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa Jan 2008

A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa

Georgia Law Review

Federal district court judges today have a level of sentencing discretion that has been unknown since the adoption of the United States Sentencing Guidelines. This Note reviews the history of the Guidelines and outlines the problems that have resulted from the Supreme Court's decisions in Booker, Rita, and Gall This Note argues that the confusion may be clarified by giving effect to the text of 18 U.S.C. §3553(a), which requires that federal district court judges impose sentences that are sufficient, but not greater than necessary, and requires them to examine all the factors provided in the statute. The court's recent …

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The Burden Of Knowledge, Christian Turner Jan 2008

The Burden Of Knowledge, Christian Turner

Georgia Law Review

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …

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Child Welfare And Future Persons, Carter Dillard Jan 2008

Child Welfare And Future Persons, Carter Dillard

Georgia Law Review

While ethicists have delved deeply into the rights and wrongs of procreating,lawyers have had little to say about the matter, because they are stymied by practical concerns, by the tendency of the law to ignore prospective children and their interests,and by the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: courts faced with repeatedly having to remove abused and neglected children from parents judged unfit, have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood …

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The Online Zoom Lens: Why Internet Street-Level Mapping Technologies Demand Reconsideration Of The Modern-Day Tort Notion Of "Public Privacy", Andrew Lavoie Jan 2008

The Online Zoom Lens: Why Internet Street-Level Mapping Technologies Demand Reconsideration Of The Modern-Day Tort Notion Of "Public Privacy", Andrew Lavoie

Georgia Law Review

Internet mapping technologies provide detailed,overhead views of our world and have been in existence for practically a decade. In 2007, however, several private companies expanded the technology and began offering street-level imagery as an extra feature for their online map users. Google, the most notable company to take this step, created "Street View," which allows users to see major cities and metropolitan areas around the world from the still-frame perspective of a car passing by. These images display with considerable clarity, not only skyscrapers, parks, and private homes, but also-and more importantly-vehicles, bicyclists, and people on the streets at the …

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What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman Jan 2008

What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman

Georgia Law Review

It is the established law of the land that minors enjoy a limited right to terminate unwanted pregnancies. States may restrain the exercise of this right by requiring parental consent or notification, but they must allow minors an opportunity to bypass consent requirements. This Note examines the history and present state of judicial and nonjudicial bypass mechanisms. It details the constraints and requirements imposed by state and federal constitutions, assesses the current landscape of parental involvement statutes, and provides prescriptive analysis as to how states might choose to refine and improve their bypass mechanisms to better protect parental rights.

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Women Of The Sisters' Hall: Religion And The Making Of Women's Alternative Space In Taiwan's Economic Restructuring, Anru Lee Jan 2008

Women Of The Sisters' Hall: Religion And The Making Of Women's Alternative Space In Taiwan's Economic Restructuring, Anru Lee

Publications and Research

No abstract provided.

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Digitizing Criminals: Web Delivery Of A Century On The Cheap., Ellen A. Sexton, Ellen Belcher Dr. Jan 2008

Digitizing Criminals: Web Delivery Of A Century On The Cheap., Ellen A. Sexton, Ellen Belcher Dr.

Publications and Research

This article presents the process, challenges and lessons learned from carrying out a small digital project to create a web resource of unique historic materials related to crime in New York City. All aspects of digital project management are discussed including selection, infrastructure, budgeting, workflow and delivery. Experiences from project administration, including management of a combination in-house and outsourced digitization and metadata are discussed. Formation and management of the resulting web resource is explained, which is the product of a creative amalgamation of commercial and open source software. Challenges encountered are presented with suggestions for practical solutions and considerations …

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Biogenic Macroporosity And Lts Lattice Boltzmann Method Permeability In The Karst Biscayne Aquifer, Kevin J. Cunningham, Michael C. Sukop, Haibo Huang, Pedro F. Alvarez, H. Allen Curran, Michael A. Wacker, Lee J. Florea, Robert A. Renken, Joann F. Dixon Jan 2008

Biogenic Macroporosity And Lts Lattice Boltzmann Method Permeability In The Karst Biscayne Aquifer, Kevin J. Cunningham, Michael C. Sukop, Haibo Huang, Pedro F. Alvarez, H. Allen Curran, Michael A. Wacker, Lee J. Florea, Robert A. Renken, Joann F. Dixon

Geosciences: Faculty Publications

We focus on two major problems in the study of paleokarst of the Biscayne aquifer in southeastem Florida: ( 1 ), current conceptual models of karst aquifers do not adequately characterize much of the eogenetic rnacropore system within the carbonate rocks of the Biscayne aquifer, and (2) standard laboratory core-analysis rnethods cannol be used lo accurately measure the permeability of highly macroporous carbonate core samples.

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Two Major Flaws Of The Animal Rights Movement, Geordie Duckler Jan 2008

Two Major Flaws Of The Animal Rights Movement, Geordie Duckler

Animal Law Review

In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …

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Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim Jan 2008

Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim

Animal Law Review

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over …

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