Digital Commons Network^™

Human Dignity And American Employment Law, David C. Yamada

University of Richmond Law Review

No abstract provided.

Who Says "I Do"? Reviewing Judith Butler & Gayatri Chakravorty Spivak, Who Sings The Nation-State? Language, Politics, Belonging (2007), Noa Ben-Asher

Faculty Publications

This Book Review offers an analogy between two forms of resistance to legal discrimination by marginalized minorities: singing the national anthem in Spanish on the streets of Los Angeles in the spring of 2006 by undocumented immigrants, and possible future public marriage ceremonies by LGBT people and other marriage outlaws. Based on the conceptual grounds laid by Judith Butler and Gayatri Spivak, and earlier by Hannah Arendt, the Review uses an analogy to the public singing of the anthem in Spanish in order to argue that the performance of public marriage ceremonies by LGBT people and other marriage outlaws may …

Legal Holes, Noa Ben-Asher

Faculty Publications

(Excerpt)

In the years that followed the events of September 11, 2001, a debate crystallized between those who think that “legal grey and black holes”—which I call simply “legal holes”—are necessary and integral to U.S. law and those who think that they are dangerous and should be abolished. Legal black holes “arise when statutes or legal rules ‘either explicitly exempt[] the executive from the requirements of the rule of law or explicitly exclude[] judicial review of executive action.’” Grey holes, in contrast, “arise when ‘there are some legal constraints on executive action . . . but the[y] are so insubstantial …

The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar

Faculty Publications

This Article explores an underappreciated legacy of the Supreme Court's (in)famous decision in Church of the Holy Trinity v. United States. Although Holy Trinity has been much discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court's opinion—which declares that the "spirit" of a statute should trump its "letter"—and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion's lengthy second half. In that second half, the Court tells a detailed narrative about the country's …

Representation Reinforcement: A Legislative Solution To A Legislative Process Problem, Anita S. Krishnakumar

Faculty Publications

One of the most valuable—and disturbing—insights offered by public choice theory has been the recognition that wealthy, well-organized interests with narrow, intense preferences often dominate the legislative process while diffuse, unorganized interests go under-represented. Responding to this insight, legal scholars in the fields of statutory interpretation and administrative law have suggested that the solution to the problem of representational inequality lies with the courts. Indeed, over the past two decades, scholars in these fields have offered up a host of John Hart Ely-inspired representation reinforcing "canons of construction," designed to encourage judges to use their role as statutory interpreters to …

A New Look At Judicial Impact: Attorney's Fees In Securities Class Actions After Goldberger V. Integrated Resources, Inc., Theodore Eisenberg, Geoffrey Miller, Michael A. Perino

Faculty Publications

Political scientists have long been interested in what impact judicial decisions have on their intended audiences. Compliance has been defined as the lower court's proper application of standards the superior court has enunciated in deciding all cases raising similar or related questions. Most studies find widespread compliance in lower courts, with only rare instances of overt defiance.

This Article attempts to address three questions in the extant judicial impact literature. First, existing studies use rather insensitive measures of compliance and thus may fail to identify instances of subtle resistance to higher court rulings. Second, judicial impact literature has a restrained …

Culpability In Creating The Choice Of Evils, Marc O. Degirolami

Faculty Publications

Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …

A Systematic Approach To Transforming The Art Of Teaching Into The Science Of Teaching: Developing A D-Didm Mindset, Craig A. Mertler

Mid-Western Educational Researcher

Data-driven instructional decision making (or D-DIDM) is a “process by which educators examine [data] in order to identify student strengths and deficiencies” (Mertler, 2007). My view of the process of D-DIDM merges three critical educational practices: classroom-based (or site-based) action research, assessment of student learning, and reflective practice. Each of these practices are discussed individually, followed by an examination of the union of the three into a comprehensive approach to D-DIDM. The roles and responsibilities of researchers and practitioners in this process is also integrated throughout the discussion. My address is intended to motivate educators at all levels to seriously …

A Comparative Study On Pleurotus Ostreatus (Jacq.) P.Kumm. Cultivated On Different Agricultural Lignocellulosic Wastes, Abdurrahman Dündar, Abdunnasir Yildiz

Turkish Journal of Biology

For the cultivation of Pleurotus ostreatus (Jacq.) P.Kumm. wheat stalk (WS), cotton stalk (CS), millet stalk (MS), and soybean stalk (SS) were used as the main material and oven-dried lentil straw (LS) was used as an additive material 100:10, 100:15, 100:20 w:w in weight for 100 g of main material (70% moisture). The shortest mycelium growing time (MGT) was 10.2 days, on the SS, while the longest was 18.8 days, on the CS. The shortest first harvest time (FHT) was 30 days, on SS + LS (90:10; w:w), and the longest was 46.4 days, on CS + LS (100:20; w:w). …

The Effect Of Environmental Factors On The Growth And Size Structure Of Two Dominant Phytoplankton Species In The Büyükçekmece Reservoir (İstanbul,Turkey), Yelda Aktan, Cenk Gürevi̇n, Zeynep Dorak

Turkish Journal of Biology

The aim of this study was to investigate seasonal variability in the growth and size structure of dominant phytoplankton species in Büyükçekmece Reservoir, and to determine the environmental factors that affect morphological plasticity in those dominant species. In total, 78 taxa from 8 algal divisions were identified. Bacillariophyta and Chlorophyta were the most important divisions with respect to species number, but cryptomonads Plagioselmis nannoplanctica (Skuja) Novarino, Lucas, and Morrall, and a Cryptomonas sp. were dominant in terms of density and biomass. P. nannoplanctica was the major contributor of biomass in the reservoir. A significant difference in Plagioselmis species biovolume was …

Effect Of Cholinergic Deafferentation Of Prefrontal Cortex On Working Memory For Familiar And Novel Odors, Emily Carter

Master's Theses and Capstones

The role of acetylcholine in the medial prefrontal cortex (mPFC) in working memory was investigated in aged rats. Subjects with cholinergic lesions of the prelimbic portion of the mPFC (pACh-lx) or a sham lesion of the same region were trained on an odor delayed non-match to sample paradigm. The effects of prefrontal cholinergic depletion and aging were assessed in task variations that manipulated mnemonic demand and stimulus novelty.

pACh-lx animals were impaired relative to sham-lx animals at memory for familiar stimuli over delays. This global impairment was not dependent on the length of the delay, suggesting that aged pACh-lx animals …

A Survey Of School Counselor Attitudes Regarding Animal-Assisted Interventions, Sara Morrow

Master's Theses and Capstones

Though animal-assisted interventions (AAI) have been used in many institutional settings, there is little evidence of AAI use in public schools. This study examined attitudes of school counselors regarding the incorporation of AAI into their practice.

The Pet Attitude Scale Modified (PAS-M) was used to measure attitudes towards animals and was incorporated into an online survey containing items addressing knowledge, interest, and perception of benefits and challenges associated with AAI. A sample of 220 public school counselors completed the online survey. Most considered themselves knowledgeable about AAI (73%), approximately half were interested in using AAI (56%), "reducing stress and anxiety" …

A Comparative Study Of The Dominant Character Strengths Of Mental Health And Business Graduate Students, Erika M. Mulhearn

Master's Theses and Capstones

This exploratory study used the Brief Strengths Survey self-report instrument (Peterson & Park, 2008), based on the Values in Action (VIA) Inventory of Strengths (Seligman & Peterson, 2004), to determine the dominant character strengths of graduate mental health and social work students ( n = 56) as compared to those of MBA students (n = 65) in order to explore the relationship between personality characteristics and career choice. A gender analysis was conducted in order to determine whether dominant character strengths were also related to gender rather than discipline alone. Mental health students had higher scores on the strengths of …

The Federal Art Project In Provincetown, Massachusetts: The Impact Of A Relief Program On An Established Art Colony, Whitney E. Smith

Master's Theses and Capstones

The Federal Art Project of the Works Progress Administration had a lasting impact on the American art scene. The experiences of artists associated with the Provincetown, Massachusetts art colony make evident the impact of the federal relief programs. The importance of the Provincetown art colony to the American art scene survived through the 1930s because of federal support. The focus on Provincetown and this smaller group of artists allows for comparisons to be made with the national society and art scene. The value of the Federal Art Project did not lie mainly in the finished artwork, but rather in the …

Grief, Grieving And Death, E Elaine Andrews-Ahearn

Master's Theses and Capstones

Grief is a journey one can only take alone. There is no rehearsal for it, no primer courses, it cannot be measured or timed. No one can do it with you, or for you. There is never an end, completion, finish line. There is not one prescribed way to do it, nor is there a tidy process. Grief is messy. Most importantly, grief is something that no one ever escapes. It surrounds us all the time, it is layered in our lives, permeates the atmosphere. It is ubiquitous. There are many types and degrees of grief; there are deep pockets …

Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz

Articles

No abstract provided.

Transfusion Related Acute Lung Injury--Trali: An Under Diagnosed Entity, Bushra Moiz, Hasanat Sharif, Fauzia Ahmad Bawany

Department of Pathology and Laboratory Medicine

Transfusion related acute lung injury (TRALI) is a life-threatening complication of transfusion of blood and its components resembling acute respiratory distress syndrome (ARDS) or acute lung injury (ALI). TRALI is a particular form of ARDS that follows blood transfusion and is caused by donor-derived antibodies present in the transfused products, reacting with the recipients' blood cells, inducing release of inflammatory mediators thus compromising lung functions. Anti-HLA antibodies are the most frequently indicted inducers in this category. Literature search has not revealed any documented case of TRALI from Pakistan. This in no way implies that TRALI is non existent in this …

Physician Peer Review Immunity: Time To Euthanize A Fatally Flawed Policy, Charles R. Koepke M.D.

Journal of Law and Health

Dr. X is a young, charismatic, board-certified surgeon at the local hospital. While popular among her patients and non-surgical colleagues, to the established surgical "Old Guard," she appears somewhat of a threat. Her training in new advanced techniques, coupled with splendid bedside manner, has caused her practice to become quite busy. However, disruption in some well-established referral patterns has occurred, and business has been siphoned away from her older colleagues. . . . This hypothetical - but not uncommonly recurring - fact pattern demonstrates the destruction of a promising medical career, elimination of competition, promotion of status quo cronyism, and …

Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp

Journal of Law and Health

Accordingly, the focus of this Article is on the legal and social evolution resulting from the Civil Rights Act's prohibition of sex-based discrimination- and, in particular, pregnancy-related discrimination - in the workplace. Section II of this Article details the reluctance with which courts and employers initially extended workplace rights to women. Sections III and IV discuss Title VII's prohibition against "sex" discrimination and initial court hesitation to interpret that prohibition to include employees discriminated against on the basis of pregnancy. Sections V and VI provide an overview of federal and Ohio law granting pregnancy-related rights to women, including the PDA, …

The Neglect Of The Umbilical Cord: Ohio's Failure To Adequately Promote Banking Of Umbilical Cord Blood Stem Cells And The Need For New Legislation, Shannon Folger

Journal of Law and Health

Because current legislation, including OH H.B. 237, is insufficient in that it does not have the potential to significantly increase the number of cord blood donations, it will be necessary to enact legislation that is more demanding. Such legislation should be modeled after current "required request" organ donation laws, which mandate that health professionals actively pursue organ donations by expressly asking the family to consent to donation. Modeled after these laws, better legislation will not only require that state health departments generate information about donation opportunities, but also that health professionals then provide each maternity patient with materials about cord …

Shifting And Seizing: A Call To Reform Ohio's Outdated Restrictions On Drivers With Epilepsy, Kathryn Kramer

Journal of Law and Health

Presented herein is an analysis of the equity of epilepsy-related driving restrictions and the role that the state of Ohio may assume in the restructuring of such laws. Part two of this paper discusses the medical aspects of seizures and epilepsy, including basic etiology, treatments, and prognoses. Part three of this paper examines the different types of disabilities and the stigma that impacts individuals with epilepsy. Part four reviews the history of licensing and the Ohio Revised Code provisions that govern driving, licensing, and restrictions imposed upon individuals who have experienced seizures. Part five examines the Ohio case law that …

The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini

Journal of Law and Health

Medically impaired individuals such as George, as well as disaster victims, mentally handicapped persons, homeless persons, and foster children, will be adversely affected by the new citizenship documentation requirements imposed upon the states by the Act. States will also be adversely affected by the increased administrative costs of implementing the Act's requirements. This note asserts that aspects of the citizenship verification requirements treat citizen applicants worse than immigrant applicants, which violates the Due Process Clause of the Fifth Amendment. Amendments should be made to the United States Code and the Code of Federal Regulations to ease the burden on individuals …

Pengaruh Permintaan Akhir Dan Barga Terhadap Importotal Indonesia: Analisis Cointegration Dan Error Correction Model, Isbandriyati Mutmainah

Jurnal Ekonomi dan Pembangunan Indonesia

This research is aimed to investigate the influence of final demand and price to Indonesian agregate imports in the long-run and short-run. We use analytical technique cointegration test Johansen procedures for the long-term influence, and Error Correction Model to estimate the short-term influence, by using quarterly time series data period from 1980 to 2004. From the result of cointegration test and Error Correction Model we found that in the long-term, all of final demand components and price except private investment are important in determining Indonesian agregate imports. The government expenditure variable has the highest influence, while in the short-term all …

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure to provide adequate reparations to rape victims of the Rwandan genocide, drawing parallels with the Holocaust reparations movement. It argues that while international law has advanced in recognizing rape as a grave crime, the existing mechanisms, such as the International Criminal Tribunal for Rwanda (ICTR), have failed to deliver reparations. The International Criminal Court (ICC) is proposed as a potential solution, despite jurisdictional limitations, through cooperation with the ICTR to address the urgent needs of Rwandan rape victims.

Optical, Structural, And Magnetic Properties Of Cobalt Nanostructure Thin Films, D. Schmidt, A. C. Kjerstad, Tino Hofmann, Ralph Skomski, Eva Schubert, Mathias Schubert

Nebraska Center for Materials and Nanoscience: Faculty Publications

We report on optical, structural, and magnetic properties of two substantially different cobalt nanostructure thin films deposited at an oblique angle of incidence of 85° away from the substrate normal. Comparison is made between an achiral columnar thin film grown without substrate rotation and a chiral nanocoil sculptured thin film by glancing angle deposition with substrate rotation. Generalized spectroscopic ellipsometry is employed to determine geometrical structure properties and the anisotropic optical constants of the films in the spectral range from 400 to 1000 nm. The magnetic properties are analyzed with a superconducting quantum interference device magnetometer. Both nanostructure thin films …

The Impact Of Uniform Law On National Law: Limits And Possibilities, Joel H. Samuels, Jan Kleinheisterkamp

Books and Book Chapters

No abstract provided.

2009-2010 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2009-2010 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog