Digital Commons Network^™

Health Courts?, Philip G. Peters Jr.

Faculty Publications

This article undertakes the first detailed critique of the proposal from Common Good and the Harvard School of Public Health to replace medical malpractice jury trials with adjudication before specialized health courts. Professor Peters concludes that the modest benefits likely to be produced by the current health court proposal are matched by the risks of bias and overreaching that these courts would also present. Missing from the plan is the doctrinal change mostly likely to improve patient safety - hospital enterprise liability. Without enterprise liability, the health court proposal is unlikely to achieve its patient safety goals and, as a …

"Words Are No Good": The Curse Of Signification And The Curse Of Faulkner's South, Michael Joseph St. Thomas

Graduate Student Theses, Dissertations, & Professional Papers

In this study I examine three of Faulkner’s novels that concern his fictional Yoknapatawpha County: As I Lay Dying (1930), Absalom, Absalom! (1936), and Go Down, Moses (1942). These novels, I argue, indicate a development in Faulkner’s relationship to the formalist hierarchy of art over real life. To show this development I will investigate the topic of language as an inadequate medium in characters’ relationships to nature and the past. In As I Lay Dying Faulkner presents words as something unable to achieve the transcendence his characters desire. In Absalom, Absalom! and Go Down, Moses the author extends this suspicion …

William Apess: Autobiography And The Conversion Of Subjectivity, Carly Jean Dandrea Madson

Graduate Student Theses, Dissertations, & Professional Papers

Madson, Carly Jean Dandrea, M. A., Summer 2008 English Chairperson: David L. Moore Abstract “William Apess: Autobiography and the Conversion of Subjectivity” In 1829, Apess published his first book A Son of the Forest, a conversion narrative documenting his life. Apess, a Pequot Methodist minister in the early nineteenth century, has recently come to the attention of academic historians, English literary, and Native American Studies scholars. Barry O’Connell of Amherst College compiled and edited Apess’s writings in On Our Own Ground: The Complete Writings of William Apess, a Pequot, published by University of Massachusetts Press in 1992. Apess may be …

Cinema's Green Is Gold: The Commodification Of Irishness In Film, Erika Noelle Mann

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is concerned with the manners in which Irishness has become highly desirable and commodified, and the manifestations that commodification has taken in Irish film. In recognition that the Irish American diaspora holds a special regard for Irishness, I will explore reasons for the allure of Irishness for Irish Americans and how that allure contributes to commodification. Chiefly among these reasons are Irishness’ desirability as a white ethnicity and its alignment with a family values based morality. Irishness also has strong appeal for the Irish diaspora with its ties to a land that offers a welcoming “authentic” homeland and …

Remember Gay Victims: An Exploration Into The History, Testimony, And Literature Of The Persecution Of Homosexuals By The Third Reich And Their Effect On A Queer Collective Consciousness, Paul D. Vestal

Graduate Student Theses, Dissertations, & Professional Papers

The persecution of homosexuals by the Nazis under National Socialism during the Second World War has historically been ignored and almost completely erased. However, within the past two and a half decades a significant number of historical, academic, sociological, and literary inquiries and works have uncovered this once forgotten past. Because of these investigations, the anti-homosexual actions inflicted upon gay men by the Third Reich have the ability to impact the continual creation of a queer collective memory and consciousness. Unfortunately, many queers do not know the historic connotations and denotation of the pink triangle—a symbol worn by homosexual males …

Traps: Stories And A One-Act Play, James Blanks

Graduate Student Theses, Dissertations, & Professional Papers

A collection of five short stories and a one-act play.

2008-2009 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2008-2009 graduate catalog for Morehead State University.

Three Liberal - But Mistaken - Arguments For Same-Sex Marriage, Gerard V. Bradley

Journal Articles

From the Introduction

The constitutional argument for legally recognizing same-sex relationships as "marriages" is a straightforward non-discrimination claim: because there is no relevant difference between the capacity of same-sex couples and opposite-sex couples for marriage, restrictive laws arbitrarily withhold the recognition and benefits which legal marriage entails. If the statutory category - in this case, a couple's sex - does not contribute to the realization of any legitimate state goal, the law lacks a basis in reason. And, it is unconstitutional. As the Massachusetts Supreme Judicial Court concluded in Goodridge v. Department of Public Health, the state "failed to …

Children's Beliefs And Family Law, Margaret F. Brinig

Journal Articles

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …

The Structure Of Classical Public Law, Barry Cushman

Journal Articles

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …

Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …

Koshko V. Haining: Does A Heightened Standard For Grandparent Visitation Really Protect Children’S Best Interests?, Emily Chase Dubansky

Maryland Law Review

No abstract provided.

Misapplying Equity Theories: Dress Codes At Work, Jennifer L. Levi

Faculty Scholarship

This Article provides a new perspective on Title VII caselaw concerning employer-mandated, sex-specific dress codes. With few exceptions, courts have held that employer dress codes do not constitute sex discrimination even when they expressly differentiate based solely on an employee's sex. In other contexts, courts readily acknowledge that facially sex-based practices and policies are presumptively unlawful under Title VII. When it comes to dress codes, however, nearly the opposite is true. Courts generally presume a sex-based dress code to be permissible, and the burden falls heavily on the employee to show, beyond the mere fact of differential treatment, some additional …

A Prescription For Racial Equality In Medicine, Barbara A. Noah

Faculty Scholarship

A significant body of evidence suggests that minority race adversely affects the quantity and quality of health care provided to minority patients. Although no one has documented systemic overt racism among health care providers, persistent inequities in the delivery of health care services pose serious problems for patients of color. Ultimately, the medical establishment must confront the reality that African Americans and other racial minorities often do not receive equal treatment in the health care system.

The continued implementation of affirmative action programs as part of the medical school admissions process plays a key role in improving health care delivery …

Intellectual Privacy, Neil M. Richards

Scholarship@WashULaw

This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …

Impossible, Infinite Illustrations, Michael Dango

Neureuther Book Collection Essay Competition

Undergraduate Winner: 2nd Place, 2008. 21st Annual Carl Neureuther Student Book Collection Competition.

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Faculty Scholarship

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Efficacy Of A Direct Instruction Approach To Promote Early Learning, Jennifer Lee Salaway

Electronic Theses and Dissertations

This study examined the effectiveness of Direct Instruction (DI) as an enhancement to a Developmentally Appropriate Preschool (DAP) curriculum in the form of increased pre-academic, language, and early literacy competencies for high-risk preschool children. Sixty-one preschool children were randomly assigned to either a DI-Add-On group or DAP-Only group. The children were administered the Kaufman Survey of Early Academic and Language Skills (K-SEALS; Kaufman and Kaufman, 1993) and Dynamic Indicators of Basic Early Literacy Skills (DIBELS; Good and Kaminski, 2002) prior to receiving the intervention and upon completion of the study. All of the children were also administered the DIBELS throughout …

"How Do We Make That Change?" Analysis Of Transformative Dialogue In A Community Initiative, Tanya A. Brown

Electronic Theses and Dissertations

The purpose of this dissertation is to explore the processes through which people are transformed in their encounters with one another and consequently moved to engage in civic action. Proponents within critical pedagogy have underscored the significance of dialogue for motivating hope, agency, and civic engagement. The importance of conceptualizing dialogue as transformative has been underscored in light of research and theories within community psychology, which have both argued for the significance of civic engagement for social change, and documented its decline in recent years. Despite this, review of literature addressing transformative learning and civic engagement point to the absence …

Social Impact: Connecting Individual Health And Public Health: Bringing Together The Science And Practice Of Social Work, Public Health, And Medicine To Tackle Pressing Health Problems, Judy H. Watts

Social Impact Publication

Cascades of biomedical discoveries in recent years promise to transform the way we think about our individual and collective health needs. Yet despite this progress, the national health care landscape is clouded. In addition to universally feared afflictions such as cancer and neurodegenerative disease, obesity is epidemic. Twenty-one million people in the United States suffer from diabetes and its complications such as heart disease and stroke. Other concerns range from the high incidence of cigarette smoking among teens to widespread anxiety and depression among adults and youth.

Social Impact, Edward F. Lawler, Tonya E. Edmonds, Enola K. Proctor, Ellen Rostand, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Boyd

Social Impact Publication

From the Dean: Remember the Past. Imagine the Future. Celebrate Today.;

Perspectives: Temperature Rising: Health Care Reform is Back;

Bookshelf: From Incentives to Intuition: What Faculty and Staff are Reading.;

Perspectives with Melissa Jonson-Reid & Brett Drake: Changing the Role of Child Welfare; Perspectives: SEED for Oklahoma Kids.;

Interview: Q&A with Julian Le Grand;

Connecting Individual Health with Public Health: New interdisciplinary approaches are needed to solve today's health care challenges. The solution lies at the nexus of social work, public health, and medicine.;

The Green Dream: The social work profession has been slow to engage the issue of environmental …

Educators' Perceptions Of Characteristics Of Male And Female Bullies, Melissa Marie Cafaro

Walden Dissertations and Doctoral Studies

Educators perceive female bullies differently than male bullies. Despite evidence that bullying is a serious problem within schools in the United States, there is little research which focuses on how educators perceive differences and similarities of adolescent bullies based upon the gender of the bully. The purpose of this quantitative study was to examine how educators perceive male and female bullies when they are described as exhibiting identical behavior. Goffman's theory of frames formed the theoretical foundation for this study. The independent variable of this study was gender of bully, and the three dependent variables were internalizing behavior, externalizing behavior, …

Incorporating Religious Practice In Marital Interventions: To Pray Or Not To Pray?, Kieran T. Sullivan, Benjamin R. Karney

Psychology

Although couples seeking guidance frequently seek out a religious or spiritual counselor, empirically-based marital interventions seldom acknowledge religious and spiritual beliefs. Beach et al. have proposed that, at least for some couples, religious practice is an appropriate element of marital therapy and a potential agent for strengthening and improving marriages. In this commentary, we welcome the development of marital interventions that are sensitive to the beliefs and values of specific populations. At the same time, the suggestion that therapists intervene directly and participate in religious practices with their clients raises serious questions. Given religious doctrines that may not promote healthy …

Community Wellness Center: Providence, Rhode Islan, Eva Marie Mercurio

Architecture Theses and Projects

The Wellness Center in Providence, Rhode Island incorporates alternative medicine, medical, and dental facilities for the benefit and education of patients within and around surrounding neighborhoods as well as for others who reside outside the immediate area. These services, all of which are available in one centrally located area have the potential to captivate and entice those who are interested in creating a better lifestyle for themselves. A predominant focus of this facility is to instill and promote healthy lifestyles while at the same time educating the public who can contribute to a society and become capable of addressing and …

Empathetic Design: Transitional Shelter, Anne Marie Loiselle

Architecture Theses and Projects

Empathetic design is a concept that can be applied to any building type, anywhere. Empathy has implications in all aspects of design from scale, to materials, to organization and circulation. Empathetic design needs to adapt to the people it is built for, and the context it is built in. It is understanding of the needs and concerns of its occupants and provides a bridge to connect people to space. This project explores the concept of empathetic design as applied to a TRANSITIONAL SHELTER. This shelter is so named because it provides more than a temporary place to sleep. It is …

The Confluence Of Psychopathic Traits, Violence, And Mental Health Needs In Adolescent Females: Theoretical And Treatment Implications, Nathan Cook

Psychology Theses

The relation among psychopathic traits, violence, and mental health needs was investigated in a sample of male and female juvenile offenders to test for the presence of gender differences. Demographic, offense, and mental health information was gathered from 100 youth offenders, 50 female and 50 male, committed to a state juvenile justice agency. Case file information was used to score the Psychopathy Checklist: Youth Version and additional archival data was used to code offense and mental health variables. Female and male juvenile offenders differed on PCL:YV scores as a function of proactive violence and mental health needs. The results are …

Enhancing The Leadership Competency Of Camacop (Christian And Missionary Alliance Churches Of The Philippines) Pastors Through The Course On Leadership In Urban Ministry In Ebenezer Bible College And Seminary, Joel A. Caperig

ATS Dissertations

No abstract provided.

The Impact Of The 40 Days Of Purpose Spiritual Growth Campaign In Twelve Churches Of The Alabama-West Florida Conference Of The United Methodist Church, James Nathan Elliott

ATS Dissertations

No abstract provided.

Salvation As Healing : John Wesley's Missional Theology, R. Jeffrey Hiatt

ATS Dissertations

No abstract provided.