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Homeless Education: Analyzing The Problematic Legal Remedies Available To Homeless School Children, Clifton S. Tanabe

Journal of Inquiry and Action in Education

Given the extent to which our society values education, it is perplexing to learn that we continue to struggle to provide all children, especially homeless children, an adequate education. This troubling issue is the focus of this paper. Specifically, this paper will center around two basic questions; 1) what has the legal system done to ensure that homeless children receive an adequate education, and 2) what might be done, legally, to advocate for the educational well-being of such children? In addressing these two questions, this paper will begin by problematizing the definition of homelessness and by analyzing some national statistics …

Motivating The Generations, Wade Herley

Journal of Inquiry and Action in Education

This paper examines the various generations that include the greatest generation, the baby-boomers, generation X, and generation Y. The research encompasses many motivational elements that each generation covets, rejects, or shares. These generations are at different stages in life and each plays a vital role within our society. The workforce has become a melting pot of generational influences that produce a unique and complex dynamic that economic entities must decipher.

A New Way Forward: A Response To Judge Weinstein, Elizabeth Chamblee Burch

Scholarly Works

This short essay responds to Judge Jack Weinstein's essay, Preliminary Reflections on Administration of Complex Litigations, 2009 Cardozo De Novo 1. In so doing, it also provides a condensed version of my earlier article, Litigating Groups, which analyzes group dynamics within nonclass aggregation. By drawing on the literature of moral and political philosophy as well as social psychology, I contend that, in the face of hard cases, of instability and disunity, plaintiffs who have made promises and assurances to one another can invoke social norms of promise-keeping, social agglomeration, compatibility, and the desire for means-end coherence to achieve consensus, mitigate …

Psychiatric Illness In The Next-Of-Kin Of Intensive Care Unit Patients, Janelle Katie Moulder

Yale Medicine Thesis Digital Library

The prevalence of psychiatric symptoms in next-of-kin (NOK) of intensive care unit (ICU) patients has been reported at higher than 70% when screening is performed using the Hospital Anxiety and Depression Scale (HADS). The primary purpose of this study was to assess the ability of the HADS to predict psychiatric illness, diagnosed with the aide of a validated tool, the Structured Clinical Interview for DSM-IV (SCID). In addition, we asked NOK to rate aspects of the ICU experience to determine possible associations with psychiatric diagnosis. Thirty-four NOK were enrolled in this study from July 2006 to November 2006. Subjects were …

Excerpts From The Course Of My Life, Jens Hansen, Edward A. Hansen

The Bridge

Jens and Maren Stine Rasmusdatter came from the small island of Mom, Denmark. On a larger map of Denmark, Mon is a scarcely discernible plot of separated land, with chalk cliffs on its eastern seaboard and sandy beaches on the other. Stege is its chief town, set by an inlet called Noret and surrounded by verdant fields and forests. It is an idyllic spot, with its own culture and legends. Residents love it. Present day tourists are charmed by it.

From this fabled island, Jens Hansen made his first journey to America. He remembers it as happening in the winter …

A Light Unto Our Path: Toward A Mutual Understanding Of Fundamentalist Christianity And Science, Kassidy K. Lyons

Honors Program Theses

My research into the Christian fundamentalist and scientific worldviews shows that existing hostility between the two can be attributed to extremists on either side. Such polarization can be a hindrance to all involved by inhibiting scientific learning and disregarding valid methods to signify and understand one’s place in the world. I explore each worldview and its validity as well as provide examples of how each can be harmful when taken to the extreme. I then outline philosophies by Stephen Jay Gould, Michael Ruse, Marcus Borg, Karl Popper and others who deny extremism and will allow an individual to find middle …

Advertising Connoisseurs: Children's Active Engagement With And Enjoyment Of Television Advertising, Margaret-Anne Lawlor

Articles

The literature pertaining to advertising and children has tended to focus on how advertising affects children at cognitive, attitudinal and behavioural levels. A key element of the debate has been the extent to which children understand advertising as a mode of commercial communication, and the potential associated outcomes such as advertising scepticism and pester power. This paper adopts a different approach by exploring the extent to which television advertising can constitute a resource for a child's own use and enjoyment. As part of an interpretive study of a group of Irish children aged seven to nine years which explores their …

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

Articles

Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …

Federalization In Information Privacy Law, Patricia L. Bellia

Journal Articles

In Preemption and Privacy, Professor Paul Schwartz argues that it would be unwise for Congress to adopt a unitary federal information privacy statute that both eliminates the sector-specific distinctions in federal information privacy law and blocks the development of stronger state regulation. That conclusion, though narrow, rests on descriptive and normative claims with broad implications for the state-federal balance in information privacy law. Descriptively, Professor Schwartz sees the current information privacy law landscape as the product of successful experimentation at the state level. That account, in turn, fuels his normative claims, and in particular his sympathy with theories of competitive …

An Alternate Approach To Channeling?, Mark P. Mckenna

Journal Articles

Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product’s performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article’s design that are dictated by function and to channel protection …

The Idea Of Pollution, John Copeland Nagle

Journal Articles

Pollution is the primary target of environmental law. During the past forty years, hundreds of federal and state statutes, administrative regulations, and international treaties have established multiple approaches to addressing pollution of the air, water, and land. Yet the law still struggles to identify precisely what constitutes pollution, how much of it is tolerable, and what we should do about it.

But environmental pollution is hardly the only type of pollution. Historically, the idea of pollution referred to a host of effects upon human environments. This remains evident in contemporary anthropological literature, which studies the pollution beliefs of cultures throughout …

Elevated Expression Of L-Selectin Ligand In Lymph Node-Derived Human Prostate Cancer Cells Correlates With Increased Tumorigenicity., Prakash Radhakrishnan, Ming-Fong Lin, Pi-Wan Cheng

Journal Articles: Biochemistry & Molecular Biology

Human prostate cancer LNCaP cells including C-33 and C-81 cells were originally derived from the lymph nodes of a patient with metastatic prostate cancer. These two cells were employed for characterization of L-selectin ligand and in vitro tumorigenicity, because they mimic the clinical conditions of early and late-stage human prostate cancer. C-81 cells exhibit higher in vitro migratory and invasive properties as compared with C-33 cells. We find that the L-selectin ligand and mucin glycan-associated MECA-79 epitope were elevated in C-81 cells. An increase of these glycotopes positively correlates with elevated tumorigenicity and expression of key glycosyl- and sulfotransferase genes. …

The Language Facilitation Training System: Vocal Verbal Behavior, Maija Graudins

Honors Theses

The Language Facilitation Training System (LFTS) is a subsystem of the Behavioral Research Supervisory System (BRSS). Both of these are contained within BATS, which is the Behavior Analysis Training System. These systems were developed by Dr. Richard Malott in one of the Behavior Analysis programs at Western Michigan University.

Implications For Nursing Involvement In Health Care Reform: An International Comparison, Erin Mccuen

Honors Theses

In this paper, a comparison of two countries' approaches to deliver healthcare services to their people and the practice of professional nursing will be presented. The report is based on a study abroad course where data were gathered about the two countries and included a ten day tour of Slovakia meeting many healthcare leaders and nursing students. A pictorial presentation of this report is attached (See Appendix) as evidence of the comparisons between the two health care systems. The United States of America and the Republic of Slovakia are two countries that have particularly interesting healthcare delivery and nursing practice …

Utah Adaptive Resources Management Greater Sage-Grouse Local Working Groups 2008-2009 Accomplishment Report, Terry A. Messmer, T. Black, Shandra Nicole Frey, S. Lupis, R. Hart

Wildland Resources Faculty Publications

No abstract provided.

Forestry Camp At The Crossroads: Future Scenarios For Environmental Learning At An Historic University Site, D. Transtrum, G. Nelson, S. Mcarthur, D. Trauntvein, E. Andrus, A. Chadwick, D. Frazier, S. Hunt, K. Mitchell, C. Wirick, Paul C. Rogers

Wildland Resources Faculty Publications

No abstract provided.

Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman

Maryland Law Review

No abstract provided.

Janice M. V. Margaret K.: Eliminating Same-Sex Parents’ Rights To Raise Their Children By Eliminating The De Facto Parent Doctrine, Emily R. Lipps

Maryland Law Review

No abstract provided.

Climate Of Utah, Robert R. Gillies, R. Douglas Ramsey

Wildland Resources Faculty Publications

Climate in Utah is greatly influenced by its location within the North American Continent with significant local modifications due to topography. Northern, higher-latitude locations are generally cooler than southern, lower-latitude locations. Likewise, higher-elevation locations are typically cooler and wetter than lower-elevation locations.

Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller

Maryland Law Review

No abstract provided.

Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks

Maryland Law Review

No abstract provided.

The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff

Maryland Law Review

No abstract provided.

Teaching Transactional Skills In A Clinic, Robert Statchen, Serge Martinez

Faculty Scholarship

In May 2008, the Center for Transactional Law and Practice at Emory University School of Law held a conference entitled “Teaching Drafting and Transactional Skills—The Basics and Beyond.” This Article reflects the Authors’ discussion of teaching drafting and transactional skills to law students in the context of a law school clinic.

Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos

Faculty Scholarship

Over the last quarter century, a profound restructuring of U.S. labor markets has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned under the pressures of neoliberal globalization. The trend is toward increasingly precarious, shorter-term, serial employment relationships that offer significantly lower wages, reduced job-related benefits, and formidable obstacles to the exercise of employment rights. This fundamental shift has moved so-called “non-standard” employment arrangements, once viewed as marginal, into the core economy. As a result, a remarkable array of profit-driven labor market intermediaries (LMIs) are now embedded in mainstream labor markets. Temporary help and staffing agencies, payrolling …

Rethinking Free Speech And Civil Liability, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

One of the most important and unresolved quandaries of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. When speech results in civil liability, two starkly opposing rules are potentially applicable. Since New York Times v. Sullivan, the First Amendment requires heightened protection against tort liability for speech, such as defamation and invasion of privacy. But in other contexts involving civil liability for speech, the First Amendment provides virtually no protection. According to Cohen v. Cowles, there is no First Amendment scrutiny for speech restricted by promissory estoppel and contract. The First Amendment rarely requires …

Deliberation And Strategy On The United States Courts Of Appeals: An Empirical Exploration Of Panel Effects, Pauline Kim

Scholarship@WashULaw

Recent studies have established that decision-making by federal court of appeals judges is influenced not only by the preferences of the judge, but also the preferences of her panel colleagues. Although the existence of these panel effects is well documented, the reasons they occur are less well understood. Scholars have proposed a number of competing theories to explain panel effects, but none has been established empirically. In this Article, I report an empirical test of two competing explanations of panel effects - one emphasizing deliberation internal to a circuit panel, the other hypothesizing strategic behavior on the part of circuit …

How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Scholarship@WashULaw

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. Yet much of the existing empirical work on federal district courts has failed to take account of the setting in which those judges operate. Too often, empirical studies of the district courts rely on an implicit assumption that judging at the trial court level is fundamentally the same as judging at the appellate level. We argue that this approach is misguided, because the nature of district judges’ work is substantially different from that of appellate judges. For example, unlike in the typical appellate case, a district …

The 2009 Revision To The Phrma Code On Interactions With Healthcare Professionals: Challenges And Opportunities For The Pharmaceutical Industry In The Age Of Compliance, Howard L. Dorfman

Campbell Law Review

This Article will describe the basic tenets of the 2009 PhRMA Code, how the 2009 PhRMA Code has been relied upon by at least one state in crafting its own response to the industry-healthcare professional debate, and it will conclude with a brief overview of pending activity apart from the self-policing guidance of the 2009 PhRMA Code with an outlook on the future of the compliance debate.

The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the civil rights movement. Claims of assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s McCarthyism. Abraham Lincoln once called 'the right of the people peaceably to assemble' part of 'the Constitutional substitute for revolution'. In 1939, the …

Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Scholarship@WashULaw

The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear rationale for the value of charitable solicitation and lower courts …