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2008

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Obituary: Terry Lamon Yates, 1950-2007., Robert J. Baker, David J. Schmidly, Joseph A. Cook, Jorge Salazar-Bravo, Hugh H. Genoways Jan 2008

Obituary: Terry Lamon Yates, 1950-2007., Robert J. Baker, David J. Schmidly, Joseph A. Cook, Jorge Salazar-Bravo, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On December 11, 2007, the science of mammalogy lost one of its most valued and influential leaders. Terry Lamon Yates succumbed to complications of treatments for an aggressive form of brain cancer after a brief but courageous fight. He was born on March 17, 1950, in Mayfield, Kentucky, the older son of Ellen Wanda Byrd and William Hanley Yates. Terry’s only sibling was a brother, Johnny. He is survived by his wife Nancy Fennell Yates, his two sons, Brian Christopher and Michael Ryan, and daughter-in-law Laura Manchéno Macia.

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Table Of Contents, Issue 1, Cleveland State Law Review Jan 2008

Table Of Contents, Issue 1, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

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Immunizing Against Addiction: The Argument For Incorporating Emerging Anti-Addiction Vaccines Into Existing Compulsory Immunization Statutes, Alexis Osburn Jan 2008

Immunizing Against Addiction: The Argument For Incorporating Emerging Anti-Addiction Vaccines Into Existing Compulsory Immunization Statutes, Alexis Osburn

Cleveland State Law Review

This paper discusses the legal ramifications of incorporating anti-addiction vaccines into a state's existing compulsory immunization scheme. Part II explains the neurobiological and physiological factors that make addiction a medical disease and discusses the mental and physical damage caused by illicit drug use. It also introduces the reader to anti-addiction research and explains how anti-addiction vaccines work. Part III provides the reader with a brief history of state-mandated vaccination requirements, including a discussion of the leading cases that govern compulsory vaccination requirements. Part IV advocates for the amendment of state-mandated immunization statutes to include anti-addiction vaccines. It analyzes two tests …

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Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau Jan 2008

Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau

Cleveland State Law Review

My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration-Alexander v. Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/Johnson Lane Corporation (the "new age"thinking)-attest to the enormous distance that separates past and present concepts of legal …

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Capital In Chaos: The Subprime Mortgage Crisis And The Social Capital Response , Raymond H. Brescia Jan 2008

Capital In Chaos: The Subprime Mortgage Crisis And The Social Capital Response , Raymond H. Brescia

Cleveland State Law Review

Can law create trust? Can law make people more trustworthy? These are some of the questions posed by scholars across the political spectrum interested in the impact of law on society. There is no shortage of arguments on both sides of these questions: that law can be a tool for promoting trust, or destroying it. This Article is an attempt to address these questions through an analysis of a single market, to explore the interplay between law and trust in a situation of abject market failure: the subprime mortgage crisis in the United States. Initially, I will introduce the concept …

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Table Of Contents - Issue 3 , Cleveland State Law Review Jan 2008

Table Of Contents - Issue 3 , Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

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What The High Court Giveth The Lower Courts Taketh Away: How To Prevent Undue Scrutiny Of Police Officer Motivations Without Eroding Randolph's Heightened Fourth Amendment Protections, Marc Mcallister Jan 2008

What The High Court Giveth The Lower Courts Taketh Away: How To Prevent Undue Scrutiny Of Police Officer Motivations Without Eroding Randolph's Heightened Fourth Amendment Protections, Marc Mcallister

Cleveland State Law Review

Beginning in 1969 with Frazier v. Cupp and extending through early 2006, the Supreme Court followed a trend of expanding the scope of lawful warrantless consent searches and correspondingly limiting privacy rights under the Fourth Amendment. Most likely, Georgia v. Randolph will be remembered as a bump along the road toward an ever-expanding consent doctrine. Despite Chief Justice Roberts' concerns, post-Randolph case law reveals that Randolph is not the watershed case its dissenters feared. Part II of this article summarizes the Randolph decision with emphasis on the Court's express limitations of its rule. Part III describes various post-Randolph cases that …

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Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet Jan 2008

Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet

Cleveland State Law Review

This Note argues that the Ohio Revised Code prohibition of residency requirements does not qualify as legislation for the "comfort, health, safety and welfare of all employees" since the law improperly attempts to control conditions for employment, rather than conditions of employment, and that the Supreme Court of Ohio has previously, improperly interpreted the employee welfare provision and should more narrowly construe, if not reverse, its holding in Rocky River IV. Part II addresses residency requirements in the city of Cleveland and describes the current litigation in which the city is involved. Part III provides a background of the four …

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Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw Jan 2008

Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw

Cleveland State Law Review

There is value for lawyers in thinking about constructs of rules as games on one hand, or models on the other. Games are real in a way models are not. Games have "thingness"--an independent reality-and they can be played. Models have "aboutness"-they map onto something else that is real for the sake of simplification and explanation. But models and games are not dichotomous as the preceding claim makes them out to be. Sometimes models look just like games, and sometimes games can serve as models. Because models look like games, we may come to believe they are real-that the models …

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The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii Jan 2008

The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii

Cleveland State Law Review

One cannot study the history of antitrust law without running headlong into the opinions of Associate Justice William 0. Douglas. In his thirty-six years on the Supreme Court, he authored thirty-five majority opinions and nearly as many dissenting or concurring opinions in cases involving antitrust questions or issues. It is quite probable that Justice Douglas authored more antitrust opinions, both for the majority and in dissent, than any Supreme Court justice in history. This Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that …

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Alternative Liability And Deprivation Of Remedy: Teaching Old Tort Law New Tricks, Adam L. Fletcher Jan 2008

Alternative Liability And Deprivation Of Remedy: Teaching Old Tort Law New Tricks, Adam L. Fletcher

Cleveland State Law Review

The problems presented by “tortfeasor indeterminacy” are perhaps the greatest remaining point of contention in the otherwise generally overlooked requirement of cause-in-fact. The issue is deceptively simple; several defendants have breached a duty to the plaintiff and one of their breaches is the cause-in-fact of plaintiff's injury, but it is impossible to tell which one. As a result, the plaintiff cannot meet his evidentiary burden on the element of cause-in-fact and is unable to recover. In response to the plaintiff's dilemma, courts have developed the doctrines of “alternative liability” and “market-share liability.” Yet many courts and commentators have rejected these …

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The Lived Experience Of Self-Intermittent Catheterisation In People With Spinal Cord Injury, Brendan J. Bakes Jan 2008

The Lived Experience Of Self-Intermittent Catheterisation In People With Spinal Cord Injury, Brendan J. Bakes

Theses: Doctorates and Masters

Self-intermittent catheterisation (SIMC) is one of the most common and safest methods of bladder emptying in people with spinal cord injury (SCI). There is a large amount of literature relating to the biomedical aspects of SIMC, such as infection rates and renal complications. There is however, very little information about how people actually experience SIMC and its effect on their daily lives. Through a series of semi-structured interviews this study describes the lived experience of eight men with spinal cord injuries who perform self-intermittent catheterisation to empty their bladder. The study uses Husserlian phenomenology and Colaizzi's method to analyse data …

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The Whistleblower In The Workplace: The Influence Of The Personal Characteristics Of Individuals Who Have Blown The Whistle In One Australian Context, Sharan Kraemer Jan 2008

The Whistleblower In The Workplace: The Influence Of The Personal Characteristics Of Individuals Who Have Blown The Whistle In One Australian Context, Sharan Kraemer

Theses: Doctorates and Masters

Whistleblowing is not a new phenomenon but recent technological advances, which make corrupt behaviour difficult to hide, have exposed whistleblowingg as a burgeoning problem on several levels: international, national and local. Whistleblowing presents problems not only for the organisation which must deal with the offender, contain any damage to its reputation and manage the problems that enabled the corrupt behaviour in the first place; but it presents problems for the whistleblower. While ultimately an organisation may benefit from a whistleblower's action, the whistle blower's journey is rarely without sacrifices. Individual whistleblowers must call upon personal strengths to report misconduct despite …

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As The Owl Discreet: Essay Towards A Conversation And Carly's Dance A Novel, Vahri Mckenzie Jan 2008

As The Owl Discreet: Essay Towards A Conversation And Carly's Dance A Novel, Vahri Mckenzie

Theses: Doctorates and Masters

This thesis comprises a novel entitled Carly's Dance and an essay entitled As the Owl Discreet. Although separate works, a line runs through them that might be described as an urge to connect; each work, although self-contained, is concerned with the co-existence of opposites, or more precisely, apparent opposites. The essay's title is ironic, borrowed from Hillaire Belloc's perverse verses collected as Cautionary Tales. Discretion is exactly what the thesis tests the bounds of, as do the characters in my novel. And so do I, in using family history to motivate my research.

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The 'Good Mother Syndrome' And Playgroup: The Lived Experience Of A Group Of Mothers, Bronwyn Harman Jan 2008

The 'Good Mother Syndrome' And Playgroup: The Lived Experience Of A Group Of Mothers, Bronwyn Harman

Theses: Doctorates and Masters

Using a qualitative approach, utilising a semi-structured narrative interviewing technique, I interviewed 21 participants through one-on-one interviews and focus groups to examine how participants experience parenting and playgroup. The good mother syndrome refers to the social, historical and cultural determination of how mothers are supposed to act. It defines what a good mother is supposed to be, subject to political, cultural and economic influences. Further, the good mother syndrome is inextricably linked to challenges to identity, support in the mothering role, and expectations of motherhood. Playgroups are communities of women bounded by internal and external demands, where they support each …

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The Graduate-Mentor Project In Visual Arts Education: Mentoring Within The Western Australian Curriculum Framework: A Study Of The Impact Of Mentoring On Beginning-Teachers' Perception Of Their Success In Visual Literacy Education During The First Year, Lisa F. Paris Jan 2008

The Graduate-Mentor Project In Visual Arts Education: Mentoring Within The Western Australian Curriculum Framework: A Study Of The Impact Of Mentoring On Beginning-Teachers' Perception Of Their Success In Visual Literacy Education During The First Year, Lisa F. Paris

Theses: Doctorates and Masters

Western Australian tertiary graduates who enter the visual arts education profession are often well acquainted with the theoretical underpinnings of the Western Australian Curriculum Framework. This knowledge base, in combination with their own visual arts training, typically enables them to enter teaching theoretically well equipped to support students in the development of arts ideas and studio works. The important outcome areas of visual arts history and visual arts criticism often present major challenges for graduates. In the absence of significant post-university support and more importantly, within the context of limited pre­service training where visual conceptual understandings and studio skills repertoires …

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Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi Jan 2008

Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi

Michigan Law Review

This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment. The Article concludes in Parts II and III that Glucksberg is right to confine …

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"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert Jan 2008

"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert

Michigan Law Review

The 1930 Census reduced Minnesota's apportionment in the U.S. House of Representatives from ten to nine, requiring the state to draw new congressional districts. The Republican-led state legislature passed a gerrymandered redistricting bill in an attempt to insulate its nine incumbents in the state's delegation from the party's expected loss of the statewide popular vote to the insurgent Farmer-Labor Party. When the Farmer-Labor Governor, Floyd B. Olson, vetoed the redistricting bill, the legislature claimed the bill could take effect without the governor's signature. In Smiley v. Holm, the U.S. Supreme Court decided that the veto was effective and that …

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Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.

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The Relationship Between Corportate Social Responsibility And Shareholder Value: An Empirical Test Of The Risk Management Hypothesis, Paul C. Godfrey, Craig B. Merrill, Jared M. Hansen Jan 2008

The Relationship Between Corportate Social Responsibility And Shareholder Value: An Empirical Test Of The Risk Management Hypothesis, Paul C. Godfrey, Craig B. Merrill, Jared M. Hansen

Faculty Publications

Do shareholders gain when managers disperse corporate resources through activities classified as corporate social responsibility (CSR)? Strategy scholars have recently developed a theoretical model that links such activities to shareholder value when a firm suffers a negative event; we test key portions of this theory of the ‘insurance-like’ property of CSR activity. We posit that such activity leads to positive attributions from stakeholders, who then temper their negative judgments and sanctions toward firms because of this goodwill. We extend the risk management model by theorizing that some types of CSR activities will be more likely to create goodwill and offer …

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Employing Adaptive Structuring As A Cognitive Decision Aid In High Reliability Organizations, Karlene H. Roberts, Kuo Frank Yu, Vinit M. Desai, Peter Madsen Jan 2008

Employing Adaptive Structuring As A Cognitive Decision Aid In High Reliability Organizations, Karlene H. Roberts, Kuo Frank Yu, Vinit M. Desai, Peter Madsen

Faculty Publications

The article begins by discussing processes contributing to high and low reliability decision making. It then discusses three cases, covering similar processes used in the three situations and notes what managers can take from this. Finally, the article argues for research that does not concentrate on a single organization but examines interactions among geographically distributed units addressing the same problem.

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Church Growth In Tonga: Historical And Cultural Connections, Michael A. Goodman Jan 2008

Church Growth In Tonga: Historical And Cultural Connections, Michael A. Goodman

Faculty Publications

Tēvita Muli Kinikini (1905–84) was a Tongan Latter-day Saint pioneer of great faith.1 His father, Taniela Kinikini, was a member of the Free Church of Tonga and also a man of mighty faith and spiritual gifts. Muli married Le‘o Tukui, whose father was a member of The Church of Jesus Christ of Latter- day Saints. Touched by the Spirit while listening to the mission- aries, Muli announced his intention to be baptized. In response, his parents threatened a double suicide, and his uncle, one of the nobles of his island, threatened to take away Muli’s land. Muli answered him: “Do …

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Effects Of Friendship In Transactions In An Emerging Market: Empirical Evidence From Brazil, Wesley Mendes-Da-Silva, Thaís Fernanda Salves De Brito, Rubens Famá, Jonathan T. Liljegren Jan 2008

Effects Of Friendship In Transactions In An Emerging Market: Empirical Evidence From Brazil, Wesley Mendes-Da-Silva, Thaís Fernanda Salves De Brito, Rubens Famá, Jonathan T. Liljegren

Faculty Publications

This paper considers the inclusion of human behavioral aspects and implications of cognitive psychology and anthropology in decisions relating to the emerging field of behavioral finance. The formulated hypotheses were tested using 400 questionnaires, answered by students enrolled in MBA programs. The principal results suggest that individuals involved in transactions among friends or among strangers assume different behaviors—friends agree about the price attributed to an asset, while strangers show the propensity to bargain.

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Alejandro Amenábar And The Embodiment Of Skepticism In ​Abre Los Ojos​, David Laraway Jan 2008

Alejandro Amenábar And The Embodiment Of Skepticism In ​Abre Los Ojos​, David Laraway

Faculty Publications

For most philosophers of the Anglo-American tradition, the problem of radical skepticism and its variants - i.e., the possibility that I could be massively mistaken in my beliefs about the external world, other minds, and even myself - no longer has the cachet itonce did. Although itmaintains a respectable place in contemporary epistemology it is clearly on the periphery of the discipline and no longer claims the attention once devoted to it by philosophers of the stature of Descartes, Hume, and Kant. Pride of place now goes, rather, to the task of naturalizing epistemology, which seeks to interpret questions about …

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Human Reproductive Cloning And Reasons For Deprivation, David A. Jensen Jan 2008

Human Reproductive Cloning And Reasons For Deprivation, David A. Jensen

Faculty Publications

Human reproductive cloning provides the possibility of genetically related children for persons for whom present technologies are ineffective. I argue that the desire for genetically related children is not, by itself, a sufficient reason to engage in human reproductive cloning. I show this by arguing that the value underlying the desire for genetically related children implies a tension between the parent and the future child. This tension stems from an instance of a deprivation and violates a general principle of reasons for deprivation. Alternative considerations, such as a right to procreative autonomy, do not appear helpful in making the case …

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Abortion, Embryonic Stem Cell Research, And Waste, David A. Jensen Jan 2008

Abortion, Embryonic Stem Cell Research, And Waste, David A. Jensen

Faculty Publications

Can one consistently deny the permissibility of abortion while endorsing the killing of human embryos for the sake of stem cell research? The question is not trivial; for even if one accepts that abortion is prima facie wrong in all cases, there are significant differences with many of the embryos used for stem cell research from those involved in abortion—most prominently, many have been abandoned in vitro, and appear to have no reasonably likely meaningful future. On these grounds one might think to maintain a strong position against abortion but endorse killing human embryos for the sake of stem cell …

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Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels Jan 2008

Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels

Publications and Research

The emergence of the digital era has had unintended consequences for race, civil rights, and hate speech.This chapter looks at the prevalence of both overtly racist sites, such as Stormfront, and at "cloaked" sites, that purport to advocate civil rights but disguise a racist agenda.

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Demography And Genetic Diversity Of The Mexican Black Iguana Ctenosaura Pectinata, Victor Aguirre-Hlidalgo Jan 2008

Demography And Genetic Diversity Of The Mexican Black Iguana Ctenosaura Pectinata, Victor Aguirre-Hlidalgo

School of Biological and Marine Sciences Theses

The hunting of the black iguana (Ctenosaura pectinata) in some regions of Mexico constitutes an acute problem because mature, gravid females arc killed and eaten just before they lay their eggs. This practice thus impacts both the survival of adults and the otherwise imminent recruitment of new individuals to the population. The objective of this project was to compare the demographic behaviour and the genetic variability of two population of the black iguana, one protected and one subject to hunting. This information allowed us to project their population dynamics and investigate the likely population-level consequences of hunting. A clear difference …

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Software Curating : The Politics Of Curating In/As (An) Open System(S), Joasia Krysa Jan 2008

Software Curating : The Politics Of Curating In/As (An) Open System(S), Joasia Krysa

School of Biological and Marine Sciences Theses

The thesis examines how Information technologies have changed the practice of curating. It proposes an Interdisciplinary approach that directly links curating (often understood as an activity of artistic programming), computing (the activity of computer programming) and a relatively recent Interest In software art (in which programming Is understood as artistic practice). Although there Is much contemporary critical work and practice that Is described as art-oriented programming or software art, the thesis aims to explore a perceived gap In discussions around software curating. Curators working with online technologies are presented with the challenge of how to respond to new artistic forms …

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Gomphonema Parvulum (Kutzing) Kutzing: Ecophysiological, Morphometric And Observational Studies Of A Species Complex, Dawn Titiannia Rose Jan 2008

Gomphonema Parvulum (Kutzing) Kutzing: Ecophysiological, Morphometric And Observational Studies Of A Species Complex, Dawn Titiannia Rose

School of Biological and Marine Sciences Theses

Perturbations to environmental conditions experienced by any one species, can invoke a physiological and/or behavioural response that may be expressed morphologically and ecologically. This has important implications for diatom taxonomy and the use of diatoms as environmental indicators. The reliable recognition of a taxon with a particular life history, morphology, ecology and physiology may necessitate the adoption of narrower species concepts than those in current floras. This would have the advantage of clarifying the ecological ranges of taxa used in biological monitoring programmes. Gomphonema parvulum has long been a taxonomic problem. The species exhibit considerable is found over a wide …

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