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The Growing Influence Of European Union Law, Piet Eeckhout

Fordham International Law Journal

This Essay discusses a number of themes which show the growing influence of European Union ("EU") law. Four themes were chosen to illustrate that influence. The themes are interconnected, and hopefully bringing them together allows the reader to get a sense of the unique experiment which this "new legal order" continues to conduct. Part I examines the EU's own "federal question:" what exactly is the scope of EU law, and how is it determined? How does the case law, in particular that of the EU's supreme court, the European Court of Justice ("ECJ"), determine the boundaries of the EU law …

The State's Liability In Damages For Administrative Action, Konrad Schiemann

Fordham International Law Journal

This Essay looks at the state of the law in England as it was when Lord Gordon Slynn of Hadley was practicing at the bar. The Essay then considers state liability in the context of the European Union ("EU") and finally concludes by looking at the current English law governing state liability.

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, …

Free Movement Of Goods And Their Use -- What Is The Use Of It?, Laurence W. Gormley

Fordham International Law Journal

Shortly before the disappearance of the European Community, the European Court of Justice ("ECJ") handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of the Treaty on the Functioning of the European Union ("TFEU") (article 28 of the Treaty Establishing the European Community ("EC Treaty")), which saw a considerable divergence in approach between the Advocates General concerned in these cases. The judgments also surely herald an end to attempts …

Assessing The European Market For Legal Services: Developments In The Free Movement Of Lawyers In The European Union, Julian Lonbay

Fordham International Law Journal

This Article focuses on recent developments in European multi-jurisdictional practice rights that have major implications for the control of entry to the legal professions and some of the related deontological rules that govern access to professional legal life across the European Union ("EU") and the European Economic Area ("EEA"). Additionally, it looks at their impact on rules regulating the competence of lawyers and admission to the legal professions, primarily in Europe, but with some reference to the position in the United States as well.

Why Does The U.S. Military Have Chaplains?, Hans Zieger

Pepperdine Policy Review

No office in America is so delicately balanced between church and state as that of the military chaplain. On one hand, the chaplain wears the uniform of his service. He is answerable to his commander in war and peace. As a defender of the U.S. Constitution, he is a partisan for a particular City of Man. On the other hand, he is the designated spokesman for the City of God in the nation‘s Armed Forces. He is the ordained representative of a religious tradition, accountable above all to the Almighty. How could such a phenomenon have gotten past the Founding …

What Is The Best And Most Special About Teaching Religious Education?, Chris B. Hackett

Education Papers and Journal Articles

If you have taught Religious Education in a Catholic secondary school, then you may have sat down at the end of the class or the school day and just wondered why you bothered. Before reading this article further, give yourself a few moments to reflect on this question:

“What for you is the best and most special about teaching Religious Education?”

How did you answer the question? Was your response negative or positive? Did you reach for the instant cynical remark, “When I finished teaching the class!” Or, did you imagine yourself taking great pride in accomplishing deeper understandings among …

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

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. …

Colorblind Nonaccommodative Denial: Implications For Teachers’ Meaning Perspectives Toward Their Mexican-American English Learners, Socorro Herrera, Amanda Morales

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

Many parts of the United States are facing an increasing number of immigrant students. Focusing on mostly White teachers at a junior high school, which enrolls predominantly Mexican immigrant students, Socorro Herrera and Amanda R. Morales examine these teachers’ belief system. The authors identify the perspective of colorblind nonaccommodative denial among these teachers. • What is a colorblind perspective? How does it affect everyday teaching practices? • How would teachers justify their not accommodating minority students? What are the educational consequences of nonaccommodation?

Improving the learning experiences of culturally and linguistically diverse Mexican-American students in the United States is a …

Living In The Space Between Participant And Researcher As A Narrative Inquirer: Examining Ethnic Identity Of Chinese Canadian Students As Conflicting Stories To Live By, Elaine Chan

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

Schooling experiences of 1st-generation Canadians interact with cultural experiences in their immigrant households to shape a sense of ethnic identity both as Canadians and as members of an ethnic community. This long-term, school-based narrative inquiry is an examination of ways in which expectations for academic performance and behavior by teachers and peers at school and immigrant parents at home contributed to shaping the ethnic identity of an immigrant Chinese student as conflicting stories to live by. A narrative approach revealed challenges of supporting immigrant students in North American schools and contributed to understanding of the nuances of multicultural education.

The Sensory Intention -- Art, Motif, And Motivation: A Comparative Approach, Yves Millet

Contemporary Aesthetics (Journal Archive)

Philosophers like Gilles Deleuze claimed a new outlook for aesthetics asking for a rethinking of the traditional separation between the theory of sensibility and the theory of art. From a comparative standpoint, this article examines the concept of 'sensory intention' which in our view might be able to bridge the gap between acting and doing and therefore to link the theory of sensibility and the theory of art.

Traditional Chinese art, and more specifically the script style caoshu[草書],has been chosen as the medium through which to illustrate the theoretical discussion. Analysis of traditional Chinese thought on art allows us to …

Bridging Academic Writing With Service-Learning: Measuring Student Perceptions And Learning Outcomes Of An Academic Writing Course, Karen Gabrielle Johnson

Doctoral Dissertations and Projects

The purpose of this study was to determine if there was a significant difference between students who completed a service-learning component and those who did not complete a service-learning component in the areas of student achievement of learning outcomes and perceptions of the course. Proponents of service-learning claim that students write higher quality papers and are more engaged, motivated, and satisfied when they complete a service-learning component. However, these findings are largely based on anecdotal and qualitative evidence that lack empirical evidence to strengthen these claims. This study employed a quasi-experimental design using static group comparison to measure differences between …

Exponential Dichotomy Of Ode's, Nada Farid Al-Hanna

Open Access Theses & Dissertations

I present an elementary Functional Analytic proof of the roughness of Exponential Dichotomy of Ordinary Differential Equations (with exponential growth) on an arbitrary Banach Space.

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 …

Rival Radical Feminists--Frances Willard And Ida B. Wells: The Rhetorical Slugfest Of Two Nineteenth-Century Queen Bees Over Lynching, Anita August

Open Access Theses & Dissertations

Rival Radical Feminists considers the role of gender and race as master status determining traits and examines them as influential social markers of identity and representation within a nineteenth-century feminist social movement (FSM)--the Woman's Christian Temperance Union (WCTU). Rival Radical Feminists examines how, within a FSM where gender issues understandably govern the political narrative that the philosophical core of the movement shifts into separate and competing spheres when gender issues intersect with racial prejudice? Specifically, Rival Radical Feminists argues that when both political actors are female, with one circumscribed politically by her gender, like Willard, and the other by both …

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.

An Investigation Of Cognitive And Non-Cognitive Variables That Affect Student-Athlete Graduation And Retention, Lisa Diana Campos

Open Access Theses & Dissertations

Colleges and universities continue to be held to accountability measures typically related to student graduation rates. Intercollegiate athletic programs are not immune to such accountability measures. For instance, in recent years the National Collegiate Athletic Association adopted the Academic Progress Rate, which holds institutions accountable for the graduation, retention, and eligibility status of its student-athletes. It is the moral obligation of intercollegiate administrators to ensure student-athletes are receiving a quality education culminating in graduation. The recent climate of higher education makes it critical to examine the variables which influence graduation and retention of student-athletes.

This study examined student-athletes who entered …

International Students' Communication Effectiveness With U.S. Faculty Members: A Further Exploration Of Anxiety/Uncertainty Management (Aum) Theory, Yixin Chen

Open Access Theses & Dissertations

This study established a theoretical model based on anxiety/uncertainty management (AUM) theory with English proficiency and knowledge of U.S. culture as indirect factors. A total of 180 international students at a mid-sized Southwestern university participated in surveys regarding the communication process with U.S. faculty. The results revealed that uncertainty and anxiety are positively related, and anxiety negatively predicts communication effectiveness while uncertainty does not. English proficiency is a negative predictor of both uncertainty and anxiety, while knowledge of U.S. culture is not a predictor of either uncertainty or anxiety. The results also indicated that English proficiency and knowledge of U.S. …

It's Bigger And Hip-Hop: Richard Wright, Hip-Hop, And Masculinity, Marcos Julian Del Hierro

Open Access Theses & Dissertations

In Native Son, Richard Wright presents a view of the impoverished, inner-city from an insider's perspective, which reflects the anger and hate brewing towards the rest of the nation as a result of living under harsh, isolating conditions. Wright's main character, Bigger Thomas serves as an archetypal ghetto figure both in his attitudes and the treatment he receives from Anglo Americans. Additionally, the reception of Native Son by a majority white reading audience also reflected the voyeuristic thrill of the bourgeoisie when consuming cultural products by African Americans. The selection of Wright's novel into the Book of the Month …

The Ethics Of The Other, Luis Ruben Diaz

Open Access Theses & Dissertations

I consider that our society is going through a globalization process where different vantages are being forced to face other cultures. This process revealed the weakness of our traditional moral systems where conflicts could be solved through a belief system that was accepted by the majority of the individuals of a given society. Since a global society needs to incorporate different beliefs systems in its moral considerations, and this implies that there will undoubtedly be a clash between the different moral codes, we need to find a way where individuals relate to the other in an ethical way. In my …

Effects Of Concurrent Task Performance On Object Processing, Gabriela Durán

Open Access Theses & Dissertations

Most research on visual object identification focus on the bottom-up processes of the visual what? and where? pathways. However, such research has not been able to fully account for many visual abilities (e.g., identifying an object among many other objects and across changing conditions). Neurological evidence has shown that feedback from high-level areas (i.e., top-down processing) makes object processing more efficient. However, there are no behavioral studies that have tested this. Thus, four experiments used a concurrent n-back task to occupy higher-level areas and tested its effects on visual object processing relative to a number-repetition control task.

Experiment 1 examined …

An Analysis And Overview Of Selected Original Compositions By Dario Escobedo, Dario Valentino Escobedo

Open Access Theses & Dissertations

The following chapters present an overview of the compositions I wrote as part of my graduate studies toward the Master of Music degree. They are presented chronologically in the order they were composed. Each piece was written to achieve goals and meet challenges that I took into consideration during the compositional process.

The Constant Jugglers- Single Mothers Amidst Patriarchy And University, Christopher Bordon Goldsmith

Open Access Theses & Dissertations

This case study juxtaposes feminist literature with an examination of single mothers pursuing an undergraduate degree in teacher education. The Patriarchy and the English language emerged as definers of cultural norms that are oppressive to outsiders. Three single mothers living on the U.S.-Mexico border were interviewed. Their stories were compared to the literature of the Patriarchy. The status quo was examined in its roles as lawmaker and as rights taker. Patriarchy and the English language emerged as definers of cultural norms that are impacting and controlling the choices of these women. Themes that emerged from the data are dependence vs. …

Comparison Of Older Mexican American Upper Extremity Reach Capabilities To Older Anglo Americans, Odi Mike Ikpe

Open Access Theses & Dissertations

The study aimed to investigate if there are upper extremity reach capability differences in older Mexican Americans and older Anglo Americans. The subjects were recruited and corresponded to the 2000 census track. Upper extremity reach capability was determined by analysis of 20 range of motion variables. A MANOVA analysis utilizing SPSS software was performed with age, gender and ethnicity as independent variables while height and 20 range of motion anthropometric measurements servings as dependent variables (responses). Ethnicity as a function of age was found to be significant in height, horizontal distance from buttock to hand, rotation of head to the …

Reduced Dimensionality Hyperspectral Classification Using Finite Mixture Models, Vikram Jayaram

Open Access Theses & Dissertations

Classification of HSI data is a challenging problem for two main reasons. First, with limited spatial resolution of HSI sensors and/or the distance of the observed scene, the images invariably contain pixels composed of several materials. It is desirable to resolve the contributions of the constituents from the observed image without relying on high spatial resolution images. Remote sensing cameras have been designed to capture a wide spectral range motivating the use of post-processing techniques to distinguish materials via their spectral signatures. Secondly, available training data for most pattern recognition problems in HSI processing is severely inadequate. Under the framework …

Evaluation Of A Community-Based Cervical Cancer Education Program On Perceptions And Knowledge Of Screening Among Low-Income Hispanic Women, Claudia S. Lozano

Open Access Theses & Dissertations

Cervical cancer affects Hispanic women disproportionately in comparison to their non-Hispanic white counterparts. In 2004, the incidence rate was 12.2 per 100,000 persons among Hispanic women compared to 7.5 per 100,000 among non-Hispanic white women (U.S. Cancer Statistics Working Group, 2007). Although this form of cancer is easily diagnosed through recommended screening tests, Hispanic women are often less likely to get screened (U.S. Department of Health and Human Services, 2000). Research based on the Health Belief Model (HBM) examining attitudes and beliefs about cervical cancer and screening among Hispanic women has demonstrated that non-compliance with Pap smear screening was attributed …

Using A Radiative Transfer Model In Conjunction With Uv-Mfrsr Irradiance Data For Studying Aerosols In El Paso-Juarez Airshed, Richard Medina Calderon

Open Access Theses & Dissertations

Most air quality studies have focused on sites located in either rural or urban areas. However, many regions are affected by air from both, such as the city of El Paso. Adjacent to the neighboring city of Juarez, Mexico, and in close proximity to rural areas, El Paso is affected by desert particles, as well as biogenic and anthropogenic emissions. Determination of aerosol optical properties is vital for a better understanding of the aerosols present in an urban‐rural interface region, e.g. the El Paso‐Juarez Airshed [Pearson, et. al., 2007]. Using wavelengths in the ultraviolet range, and studying the sensitivity of …

Understanding Deviant Behaviors Through Coercion And Social Support Theory, Maria Nicte-Ha Uribe

Open Access Theses & Dissertations

Mark Colvin, Francis T. Cullen and Thomas Vander Ven (2002) developed an integrated theory of crime called "coercion, social support, and crime" which hypothesizes that coercion and social support are inversely related and that these variables have direct effects on criminal and deviant behavior as well as a combined effect. Specifically if an imbalance between coercion and social support exists, crime is more likely to occur because coercion induces weak social bonds and low self control thereby increasing crime. On the other hand, social support prevents criminal involvement through organized networks of human relations that assist people in meeting their …

Verification Of Nyslab A Software For The Analysis Of Jointed Pavements, Maryam Limouee

Open Access Theses & Dissertations

A significant amount of research and development has been conducted for decades to provide a tool for the design and analysis of jointed slabs on different types of foundations. ILLI-SLAB, JSLAB, EverFE and ISLAB are the most used finite element modeling (FEM) codes that have gone through several iterations of improvement. JSLAB has been maintained by the Federal Highway Administration (FHWA) and is distributed free of charge and there is significant interest in further improving the capabilities of that software package.

Researchers at the University of Texas at El Paso have been charged to implement several modifications in the latest …