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2009

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Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino Jan 2009

Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino

Faculty Journal Articles and Book Chapters

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …


International Decision, Civil Party Participation In Provisional Detention Appeals, Extraordinary Chambers In The Courts Of Cambodia, Jenia I. Turner Jan 2009

International Decision, Civil Party Participation In Provisional Detention Appeals, Extraordinary Chambers In The Courts Of Cambodia, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.


Incorporating Endogenous Preferences In Cost-Benefit Analysis, Gregory S. Crespi Jan 2009

Incorporating Endogenous Preferences In Cost-Benefit Analysis, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

The conventional assumption made by cost-benefit analysts is that individual preference structures are not altered by any of the policies that are under consideration. This simplifying "exogenous preferences" assumption is not always satisfied, however, and in some instances the preference structures of a significant proportion of the people who are impacted by a policy are "endogenous" in that they are also altered by that policy. Under those endogenous preferences circumstances an important question is presented as to whether the willingness to pay-based valuations of the impacts of the policies should be calculated with regard to the pre-policy implementation preference structures, …


“Playing Chicken": An Instant History Of The Battle Over Exceptions To Client Confidentiality, Michael S. Ariens Jan 2009

“Playing Chicken": An Instant History Of The Battle Over Exceptions To Client Confidentiality, Michael S. Ariens

Faculty Articles

The purpose of my essay Playing Chicken: An Instant History of the Battle over Exceptions to Client Confidentiality, is to offer a pointillist history of the recent battles between the ABA and the federal government concerning 1) when lawyers may or must disclose client confidences, and 2) claims that the federal government is attacking the attorney-client privilege. In doing so, I hope to explain how this battle is representative of the current drift in the American legal profession.

After the Introduction, the essay unfolds as follows: Section II traces the ABA’s often schizophrenic understanding of the duty of confidentiality and …


Bone Properties Surrounding Ha-Coated Custom Osseous Integrated Dental Implants, Maribel Ibañez Baker Jan 2009

Bone Properties Surrounding Ha-Coated Custom Osseous Integrated Dental Implants, Maribel Ibañez Baker

All ETDs from UAB

No abstract provided.


Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen Jan 2009

Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson Jan 2009

Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis Jan 2009

The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis

Cardozo Arts & Entertainment Law Journal

No abstract provided.


No More Power To Imply: Gonzaga V. Doe And The Evisceration Of § 253(C) Of The Telecommunications Act, Josh Gajer Jan 2009

No More Power To Imply: Gonzaga V. Doe And The Evisceration Of § 253(C) Of The Telecommunications Act, Josh Gajer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Insulin Signaling And Function In Osteoblasts, Keertik S. Fulzele Jan 2009

Insulin Signaling And Function In Osteoblasts, Keertik S. Fulzele

All ETDs from UAB

Insulin and insulin-like growth factor-1 (IGF-1) are evolutionarily conserved hormonal signaling pathways with structurally similar ligands and receptors. Recent stu-dies suggest that that insulin and IGF-1 exert distinct as well as overlapping functions to regulate different aspects of skeletal development. A major problem in distinguishing the actions of insulin and IGF-1 is the fact that the receptors are co-expressed in many cell types and each ligand is able to cross-activate the other ligands' receptor. To distinguish direct skeletal actions of insulin from that of IGF-1, we have conditionally disrupted each receptor in vitro and in vivo specifically in osteoblasts. Studies …


Shunt Failure In Children With Hydrocephalus: Impact Of Sociodemographic Predictors On Time To Medical Evaluation For Shunt Failure And The Economic Burden Associated With Shunt Failure, Chevis Nacole Shannon Jan 2009

Shunt Failure In Children With Hydrocephalus: Impact Of Sociodemographic Predictors On Time To Medical Evaluation For Shunt Failure And The Economic Burden Associated With Shunt Failure, Chevis Nacole Shannon

All ETDs from UAB

Ventriculo-peritoneal shunts continue to be the standard surgical procedure for treating children diagnosed with hydrocephalus, regardless of etiology. The failure of these shunts can cause acute medical problems for the child requiring immediate medical care. It is known that hydrocephalus directly impacts a child's health status, educational abilities, developmental opportunities and emotional well being. An important gap in the current literature is the examination in a homogenous patient population of the impact of sociodemographic factors on the management of shunt failure and the economic burden on the family. The objective of this dissertation research study was to better understand shunt …


Can Health Visitors Assist Clients To Optimise Health-Determining Aspects Of The Indoor Environment Through Provision Of Evidence-Informed Messages?, George Richardson Jan 2009

Can Health Visitors Assist Clients To Optimise Health-Determining Aspects Of The Indoor Environment Through Provision Of Evidence-Informed Messages?, George Richardson

Other Faculty of Health Theses

The aim of the research was to investigate the acceptability and feasibility of health visitors working with their clients to assess health-determining aspects of their clients' home environments and to provide evidence-informed messages about the indoor environment. The research was conducted within a Soft Systems Methodology framework. Following a pilot study in 2003, a proof of concept, feasibility study was implemented (2004 to 2007) with a convenience sample of eight health visitors conducting 29 environmental assessments in clients' homes, using a dedicated, cost effective tool kit. The health visitors were trained to monitor and provide evidence-based messages on Indoor environmental …


Boldness And Behavioral Syndromes In The Bluegill Sunfish, Lepomis Macrochirus, Alexander D.M. Wilson, Jean Guy J. Godin Jan 2009

Boldness And Behavioral Syndromes In The Bluegill Sunfish, Lepomis Macrochirus, Alexander D.M. Wilson, Jean Guy J. Godin

School of Biological and Marine Sciences

No abstract provided.


Causal Induction From Continuous Event Streams: Evidence For Delay-Induced Attribution Shifts, M Buehner, J May Jan 2009

Causal Induction From Continuous Event Streams: Evidence For Delay-Induced Attribution Shifts, M Buehner, J May

School of Psychology

Contemporary theories of Human Causal Induction assume that causal knowledge is inferred from observable contingencies. While this assumption is well supported by empirical results, it fails to consider an important problem-solving aspect of causal induction in real time: In the absence of well structured learning trials, it is not clear whether the effect of interest occurred because of the cause under investigation, or on its own accord. Attributing the effect to either the cause of interest or alternative background causes is an important precursor to induction. We present a new paradigm based on the presentation of continuous event streams, and …


Long-Term Evolution Of Strongly Nonlinear Internal Solitary Waves In A Rotating Channel, Jc Sanchez-Garrido, V. Vlasenko Jan 2009

Long-Term Evolution Of Strongly Nonlinear Internal Solitary Waves In A Rotating Channel, Jc Sanchez-Garrido, V. Vlasenko

School of Biological and Marine Sciences

No abstract provided.


Striking Nafta Gold: Glamis Advances Investor-State Arbitration , Jordan C. Kahn Jan 2009

Striking Nafta Gold: Glamis Advances Investor-State Arbitration , Jordan C. Kahn

Fordham International Law Journal

On June 9, 2009, a controversial and longstanding North American Free Trade Agreement ("NAFTA") arbitration was resolved in favor of the United States. Overviews of the dispute and NAFTA investor-state arbitrations are set forth in Parts I and II, respectively. Part III explains that the process employed was commendably transparent, especially in accommodating tribal interests, and should serve as a model for future proceedings. The award positively advances two international legal protections: regulatory takings and "fair and equitable treatment." Although the takings analysis described in Part IV confirms that NAFTA claimants have procedural advantages over domestic litigants, its pro-government framework …


Japan's New Criminal Jury Trial System: In Need Of More Transparency, More Access, And More Time, Matthew J. Wilson Jan 2009

Japan's New Criminal Jury Trial System: In Need Of More Transparency, More Access, And More Time, Matthew J. Wilson

Fordham International Law Journal

The lay judge system has considerable potential both in concept and form. To realize its full potential, the system needs to overcome various structural impediments and cultural challenges. This Article further contributes to the emerging discussion by detailing three related areas that merit attention and reform if the system is going to realize its full potential. Namely, the lay judge system would benefit from 1) increased transparency by eliminating punitive measures against citizen judges desiring to freely speak about the trial proceedings or deliberation process oncle the trial is complete; 2) impoved access to the interrogation of detained suspects and …


Federalism And The Rule Of Law: Perspectives From The European Court Of Justice, Koen Lenaerts Jan 2009

Federalism And The Rule Of Law: Perspectives From The European Court Of Justice, Koen Lenaerts

Fordham International Law Journal

This Article unfolds as follows: Section I looks at the "pervasive effect" of European Union ("EU") law upon the substantive law of the Member States. Instead of attempting to cover all cases where this effect has arisen, a selective but in-depth approach is preferred. In this regard, four areas falling within the competences of the Member States will be discussed, namely education, family law, direct taxation, and health care. Section II is devoted to the pervasive effects of EU law upon national rules of procedure. Taking four cases as examples, this Section sets out to demonstrate that the European Court …


Revisiting Free Movement Of Workers, Robin C. A. White Jan 2009

Revisiting Free Movement Of Workers, Robin C. A. White

Fordham International Law Journal

This Essay examines aspects of the free movement of workers and the issues concerning the content and impact of the introduction of citizenship of the European Union ("EU" or "Union"). This Essay draws from seven years of opinions from Advocate General Slynn, which were written during a highly formative period in the development of Community law. Defining who is a worker and examining the benefits of having and retaining this worker status remain as important today as they were in the late 1980s, when relevant seminal case law of the Court of Justice was established. In many of those cases, …


The Domestic Causes And International Consequences Of The U.S. Government’S Sugar Price Support Programs, Shannon Anderson Jan 2009

The Domestic Causes And International Consequences Of The U.S. Government’S Sugar Price Support Programs, Shannon Anderson

Pepperdine Policy Review

Life-long farmer Thomas Jefferson prioritized agriculture in his presidential administration because he envisioned a nation of yeoman farmers laboring upon the fertile New World soil, nourishing the nascent American society with the food they produced. Today, nearly two hundred years removed from the lifetime of Thomas Jefferson, the goal of supporting this noble profession has spawned several agricultural price support programs. However, these numerous programs seem to have a convoluted rationale and, at best, questionable justifications in today‘s neo-liberal trade climate. In fact, they seem to fly in the face of both classical Liberal economic theories and the American tradition …


Teacher Investment In Learner Identity, Jenelle Reeves Jan 2009

Teacher Investment In Learner Identity, Jenelle Reeves

Department of Teaching, Learning, and Teacher Education: Faculty Publications

From a sociocultural perspective, teacher identity is constructed in relation to others, including other teachers and students. Drawing on positioning theory and the concept of investment, this study analyzed the case of a secondary English teacher who negotiated his teacher identity in relation to English language learners (ELLs). Findings indicated that the teacher made an investment in ELLs’ identity by positioning them as like any other student. The desired return on the teacher’s investment was a strengthened self-positioning as a natural and highly competent teacher. The implications of teacher investment in learner identity for teacher practice, learner identity construction, and …


A Sociocultural Perspective On Esol Teachers’ Linguistic Knowledge For Teaching, Jenelle Reeves Jan 2009

A Sociocultural Perspective On Esol Teachers’ Linguistic Knowledge For Teaching, Jenelle Reeves

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Within a sociocultural frame, teacher knowledge finds its origin in the entirety of teachers’ lived experiences, not just those experiences within teacher preparation. Teachers’ biographies, including their experiences as language learners, shape their knowledge base for teaching English to speakers of other languages (ESOL). This study interrogates one element of that knowledge base: teachers’ linguistic knowledge for teaching. Cases studies of two early career ESOL teachers with similar language learner biographies, that of first language (L1) Center English speakers with limited second language (L2) learning experienee, provided insight into the ways participants’ language biographies informed their linguistic knowledge for teaching. …


Unlimited Additions To Limited Editions, Christy Mag Jan 2009

Unlimited Additions To Limited Editions, Christy Mag

Contemporary Aesthetics (Journal Archive)

In this paper I target the relationship between two prints that are roughly qualitatively identical and share a causal history. Is one an artwork if and only if the other is an artwork? To answer this, I propose two competing principles. The first claims that certain intentional relations must be shared by the prints (e.g., editioned prints vs. non-editioned prints). The second appeals only to minimal print ontology, claiming that the two prints need only be what I call 'relevantly similar' to one other. In the end, I endorse the second principle. There are no trumping features over and above …


Does Microcredit Facilitate Socioeconomic Development?, Arundhati Pal Jan 2009

Does Microcredit Facilitate Socioeconomic Development?, Arundhati Pal

Pepperdine Policy Review

In order to assess the effectiveness of microcredit on socioeconomic development, one must evaluate current microcredit loans and practices. The question that must be asked is to what extent are socioeconomic opportunities expanded through supplemental income from microcredit loans? To answer this question, measurable indicators that display characteristics of socioeconomic development need to be utilized. The following indicators are often used in impact assessments as representative of such development: investment in higher education, socioeconomic empowerment of women, access and utilization of health services, and prioritization of savings and investment. This paper will identify the observed deficiencies of the aforementioned indicators …


Resource Constrained Distributed Constraint Optimization Using Resource Constraint Free Pseudo-Tree, Toshihiro Matsui, Marius C. Silaghi, Katsutoshi Hirayama, Makoto Yokoo, Hiroshi Matsuo Jan 2009

Resource Constrained Distributed Constraint Optimization Using Resource Constraint Free Pseudo-Tree, Toshihiro Matsui, Marius C. Silaghi, Katsutoshi Hirayama, Makoto Yokoo, Hiroshi Matsuo

Electrical Engineering and Computer Science Faculty Publications

Cooperative problem solving with shared resources is important in practical multi-agent systems. Resource constraints are necessary to handle practical problems such as distributed task scheduling with limited resource availability. As a fundamental formalism for multi-agent cooperation, the Distributed Constraint Optimization Problem (DCOP) has been investigated. With DCOPs, the agent states and the relationships between agents are formalized into a constraint optimization problem. However, in the original DCOP framework, constraints for resources that are consumed by teams of agents are not well supported. A framework called Resource Constrained Distributed Constraint Optimization Problem (RCDCOP) has recently been proposed. In RCDCOPs, a limit …


Application Of Sensor Fusion To Human Locomotor System, John Kweku Avor Jan 2009

Application Of Sensor Fusion To Human Locomotor System, John Kweku Avor

Open Access Theses & Dissertations

This research study proposes a multi-sensor data fusion technique to determine the complex interactions between the sensory, muscular and mechanical components of the human locomotor systems (neuromechanics). The object in this work is to demonstrate the viability in using inertial sensors for accurate gait phase determination and to present the acceleration effect specific body segment contributes in order to establish a functional gait. The current method used in determining gait phases consist of combining ground reaction force and angular data, this method is time consuming and cannot be totally reliable. We found out that gait phases can be determined distinctively …


Women In The High School Principalship: A Study Of Leadership At Three Schools, Kimberly Jane Baxter Jan 2009

Women In The High School Principalship: A Study Of Leadership At Three Schools, Kimberly Jane Baxter

Open Access Theses & Dissertations

This study is about women principals in Texas and their leadership in light of the current context of large high schools. Relatively few recent studies exist of women in the high school principalship since the passage of No Child Left Behind (2002). I attempt to provide insight into how the elements of gender and the contemporary context interact to produce individual experiences for three principals.

The purpose of this study is to provide a deep understanding of the ways in which gender and the modern context of schools interact to produce individual lived experiences for three female principals. This study …


Fatal Passion: The Early American Conspiracy Plot And Charles Brockden Brown's Wieland, Rebecca Bossie Jan 2009

Fatal Passion: The Early American Conspiracy Plot And Charles Brockden Brown's Wieland, Rebecca Bossie

Open Access Theses & Dissertations

Using the Bavarian Illuminati scare of 1798, this work attempts to trace how Charles Brockden Brown uses these conspiracy narratives to plot other important eighteenth century narratives in his first novel, Wieland, and its companion piece Memoirs of Carwin the Biloquist. This Thesis covers a broad range of topic important to the eighteenth century, but focuses more specifically on eighteenth century politics, historiography, patriarchal and family values, and women's work and voices in literature.


Using The Taguchi Design And The Central Composite Design To Increase The Robustness Of A Process From Its Raw Material Variability, Alvaro Cuevas Jan 2009

Using The Taguchi Design And The Central Composite Design To Increase The Robustness Of A Process From Its Raw Material Variability, Alvaro Cuevas

Open Access Theses & Dissertations

This research presents an experimental study where four controllable and one noise factor are analyzed using the Taguchi approach and the Central Composite Design (CCD) in order to induce robustness in a process that is being designed to treat residual grease from small restaurants. Three response variables are analyzed separately to establish the parameters conditions to obtain the most robust process output. These suggested conditions are validated conducting confirmation runs that are compared statistically to the predictions from the Taguchi prediction model for the Taguchi approach, and the Response optimizer for the CCD. The accuracy of each method is measured …


Electroweak Scale Neutrinos, Enrique Diaz-Mendez Jan 2009

Electroweak Scale Neutrinos, Enrique Diaz-Mendez

Open Access Theses & Dissertations

We study a model of neutrino mass generation at the Electroweak scale (EW), where Lepton number is broken by the vacuum expectation value of a Standard Model singlet complex scalar field. No energy scales higher than the EW scale are introduced in the model and neutrinos can still get their tiny masses through the general seesaw mechanism. The neutrino Yukawa couplings need not be more suppressed than that of the electron. As part of our results we present the branching ratios of the possible Higgs decays, which should be detectable at near future colliders.