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Sanborn V. Mclean: Beyond The Limits Of Inquiry Notice, Gerald Korngold

Articles & Chapters

This essay deepens the student's understanding of a leading property case by recounting the story behind the case. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the case has attained noteworthy status. It is suitable for adoption as a supplement in a first-year property course, or for use in an advanced seminar.

This chapter is reprinted with the permission of Foundation Press: Sanborn v. McLean: Beyond the Limits of Inquiry Notice, Chapter10 in Property Stories (Law Stories), 2nd ed. at 241-264 (Foundation Press, 2009).

Click here to purchase the book.

Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin

Articles & Chapters

The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a “bright-line position” regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. …

Introduction: Feminist Advocacy, Constitutions And Law, Penelope Andrews

Articles & Chapters

The programs and projects of the last few decades of feminist advocacy have been applauded, resisted, andvilified. Despite these divergent responses, there is no doubt that in societies across the globe women’s voices in the legal and political realm are no longer muted. Organizing and lobbying on all five continents, aided and abetted by the liberating possibilities of the innovative communications technology, especially the internet, women advocates have created the discursive space in the political, legal, social, and economic realm to influence governmental policies, law and practice. Developments in the last few decades have illustrated the concerted efforts by women …

“South Africa,” In Encyclopedia Of Human Rights, Penelope Andrews

Articles & Chapters

No abstract provided.

Transitions In The Mental Health Field's System Of Professions From Wwii Until The Present: The Case Of Dubville, Daniel Noam Warner

Electronic Theses and Dissertations

A case study of one mental health field in a medium-sized, steel-belt city over a 50 year period is presented. Through interviews and archive data, the narrative elucidates the transitions that occurred in regards to which professions are dominant, and which services count as mental health services, in different eras and under different science and governmental regimes. The dissertation focuses on four professional categories in particular: psychoanalytic psychiatrists, neurological psychiatrists, research psychologists, and clinical psychologists. It also focuses, primarily, on three institutions: a large psychiatric research hospital, a university psychology department, and a psychoanalytic institute. Through tracing the dynamics of …

Historical Geography Of Yellagonga Regional Park, Western Australia, Susan Ujma

Theses : Honours

The principle aim of this study was to reconstruct the land use history of the Yellagonga Regional Park wetland landscape. Located approximately twenty kilometres north of Perth, covering about 1400 hectares, the Park lies within the North-West Corridor of the metropolitan area. This research, assisted by archival sources, demonstrates that prior to early European settlement the Yellagonga wetlands were quintessential summer hunting and gathering sites for the Nyoongar Aboriginal people. The wetlands were utilised for water, food gathering, hunting, corroborees and rituals that governed their tribal lives. Early European settlers, market gardeners, and later subdivision for urban development, have adversely …

Predicting Adolescent Intentions To Use Sun Protection: Extending The Theory Of Planned Behaviour, Geoffrey Stephen Caratathis

Theses : Honours

There has been much psychological research conducted on the motivations to engage in suntanning and to a lesser extent, sun protective behaviours. The research has shown that compared to all other age groups, adolescents have the greatest desire to obtain a suntan, expose themselves to the sun the most and typically do not engage in sun protective behaviours. The theory of planned behaviour has been used a number of times to predict the intentions and the behaviours of deliberate sun exposure and to a lesser extent, sun protection. However, the theory of planned behaviour has often been unsuccessful in accounting …

Perceptions Of Disabled Workers' Transition From Worker Role To Retiree: Narrative Review; The Perceptions Of Ageing Disabled Workers Confronted With The Transition To Retirement, Naomi Goods

Theses : Honours

The disabled working population is ageing creating a need for transitional programs in supported employment. Limited research in this area makes it difficult to design programs which adequately address their needs which affects the quality of service provision. A review of Scopus, CINAHL, MEDLINE; Psyclnfo and ISI Web of Science databases was conducted. Outcomes of interest were studies looking specifically at perceptions of disabled workers in supported employment making the transition to retirement. Due to the dearth of information on this topic studies focusing on non-disabled populations or disabilities though injury or illness were included. Major findings suggest when workers …

Australian Refugee Policy And Party Rhetoric In Contrast: A Study Of The Hawke/Keating And Howard Governments, Paul Mercieca

Theses : Honours

Australia's acceptance of refugees has a long and controversial history. As a nation, we have at times accommodated and accepted multitudes of various individuals of differing faiths, ethnicity and cultures into our society. Australia is indeed a cosmopolitan community of indigenous and immigrant Australian citizens that have displayed periods of welcoming refugees from war-torn states as under Malcolm Fraser's leadership in the late 1970s. Concurrently, we have actively discriminated, sometimes implicitly, although not always, against certain immigrants, including refugees from China and Papua and New Guinea during the late 1960s and early 1970s. The community's perception of refugees has often …

Loss, Gain, Survival: Women In Bangladesh, Caitlin Harrison

Theses : Honours

This dissertation explores the changing public and private paradigms of Bangladeshi women in a modernising society, and investigates the aspects of modernisation that are driving such change. It argues that there is a rising level of violence against women, as traditional patriarchal paradigms meet modernisation and the Western hegemony. While modernisation has been instrumental in encouraging the integration of women into the public sphere, the Western assumption that modernisation will increase women's empowerment in an incremental manner ignores the new issues and tensions that modernisation creates. ·In both the public and private spheres, women's empowerment in Bangladesh is a constant …

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.

Setting Targets For Resource Condition In Yilliminning Catchment, Leon Van Wyk, Gregory Paul Raper

Resource management technical reports

No abstract provided.

Advances And Applications Of Dezert-Smarandache Theory (Dsmt) For Information Fusion (Collected Works), Vol. 3, Florentin Smarandache, Jean Dezert

Branch Mathematics and Statistics Faculty and Staff Publications

This volume has about 760 pages, split into 25 chapters, from 41 contributors. First part of this book presents advances of Dezert-Smarandache Theory (DSmT) which is becoming one of the most comprehensive and flexible fusion theory based on belief functions. It can work in all fusion spaces: power set, hyper-power set, and super-power set, and has various fusion and conditioning rules that can be applied depending on each application. Some new generalized rules are introduced in this volume with codes for implementing some of them. For the qualitative fusion, the DSm Field and Linear Algebra of Refined Labels (FLARL) is …

Public Trust In Wildlife: Two Steps Forward, Two Steps Back, The, Patrick Redmond

Natural Resources Journal

No abstract provided.

Case Study Of The Access To The Bacillus Calmette-Guérin Vaccine Against Tuberculosis In The United States, Dewan Raja

Internet Journal of Allied Health Sciences and Practice

Bacillus Calmette-Guérin (BCG) is a vaccine that is used worldwide to prevent tuberculosis. Some developed countries, such as the United States, do not routinely administer this vaccine. This article presents the case study of a family who struggled to obtain the BCG in the months before a planned trip to a country in which tuberculosis is prevalent. The application of the BCG vaccination and its availability in the United States, particularly for children, is discussed.

Wealth, Groups, Ethics, Katalin Martinas, Andras Margitay-Becht, Dana Herrera

School of Liberal Arts Faculty Works

For centuries, many scientists, many disciplines focused on how people make decisions. These approaches tend to be incompatible, if not orthogonal most case. In this article we attempt to give guidelines to a modeling approach, that will allow the description of a human “state vector”, which can be the basis for many decision making algorithms.First we will introduce a categorization of the things that determine the decisions of the individuals, and describe their characteristics and trade. Since the trade of things in separate groups is done in different fashion, they form groups on different grounds. These groups, formed by interaction …

Trans Politics On A Neoliberal Landscape, Dean Spade

Faculty Articles

These edited Keynote remarks from the Temple Political and Civil Rights Law Review Symposium on transgender law address how questions of law reform strategy relate to critical understandings of neoliberalism. The paper addresses questions of administrative governance, identity documentation, the relationship between law and social movements, and questions of economic and racial justice as applied to transgender politics.

Legal Aspects Of Prior Informed Consent On Access To Genetic Resources, Kuei-Jung Ni

Vanderbilt Journal of Transnational Law

Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing. A requirement of prior informed consent (PIC) by the people controlling access to genetic resources constitutes a major instrument to deter illegal bioprospecting and to ensure fair access to genetic resources.

This Article aims to analyze the continuing global lawmaking on PIC and to conduct a comparative study on how genetically rich nations implement the PIC requirement with a view to examining whether the genuine mandate of the CBD has been fulfilled.

This …

Investing In Culture: Underwater Cultural Heritage And International Investment Law, Valentina S. Vadi

Vanderbilt Journal of Transnational Law

Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Recent technologies have allowed the recovery of more and more shipwrecks by private actors who often retrieve materials from shipwrecks to sell them. Not all salvors conduct proper scientific inquiry, conserve artifacts, and publish the results of the research; more often, much of the salvaged material is sold and its cultural capital dispersed. Because states rarely have adequate funds to recover ancient shipwrecks and manage this material, however, …

International Security And International Law In The Northwest Passage, James Kraska

Vanderbilt Journal of Transnational Law

Concern over the loss of sea ice has renewed discussions over the legal status of the Arctic and subarctic transcontinental maritime route connecting the Atlantic and Pacific Oceans, referred to as the "Northwest Passage." Over the past thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of …

Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff

Santa Clara Law Review

No abstract provided.

Defining Torture: Bridging The Gap Between Rhetoric And Reality, Julianne Harper

Santa Clara Law Review

No abstract provided.

Treating Burning Mouth Syndrome, Constance R. Sharuga, Debra Dotson, Tabitha Price

ETSU Faculty Works

Excerpt: Burning mouth syndrome (BMS) is a chronic, painful condition with no clear etiology or specific, proven treatment.

Phytoplankton Productivity Across Prairie Saline Lakes Of The Great Plains (Usa): A Step Toward Deciphering Patterns Through Lake Classification Models, Courtney R. Sahm, Jasmine E. Saros, Sherilyn C. Fritz, Christopher L. Osburn, David M. Reineke

Department of Earth and Atmospheric Sciences: Faculty Publications

Abstract: We investigated patterns of primary production across prairie saline lakes in the central and northern Great Plains of the United States. Based on comparative lake sampling in 2004, seasonal predictors of algal primary productivity were identified within subsets of similar lakes using a combination of Akaike's information criterion (AIC) and classification and regression trees (CART). These models indicated complex patterns of nutrient limitation by nitrogen (N), phosphorus (P), and iron (Fe) within different lake groups. Nutrient enrichment assays (control, + Fe, + N, + P, + N + P) were performed in spring and summer of 2006 to determine …

The Implementation Of The Kentucky Transitions: A Money Follows The Person Demonstration Grant Program, Amie Goodin

MPA/MPP/MPFM Capstone Projects

Kentucky Transitions is a Kentucky Medicaid program that is funded primarily by a grant from the Centers for Medicare and Medicaid Services. The purpose of this program is to transition individuals residing in long-term care facilities back into the community, where they will continue to receive health, social, and other benefits but do so in an approved residential setting. Individuals living in the community may experience higher quality of life and the increased ability to choose how and when they receive services, while Medicaid reaps the projected financial benefit of providing less-expensive community alternatives for care.

Though Kentucky Transitions operates …

Medication Therapy Management: Is It Worth Medicare’S Time?, Jennifer White

MPA/MPP/MPFM Capstone Projects

Problem:

Medication Therapy Management (MTM) is a service that a pharmacist can provide to any of their patients, but mostly to those who are either high risk patients for adverse events or those who are new to chronic medication therapy. As Medicare Part D has begun to cover MTM services, more and more pharmacists and other clinicians are becoming providers of MTM.

The intent of MTM is to decrease adverse events and healthcare costs to both the patient and the third party payer. In realizing the benefits of MTM, it is important to assess these outcomes to see if clinical, …

Managing Tsunami Risk: Social Context Influences On Preparedness, Douglas Paton, Bruce F. Houghton, Chris E. Gregg, David Mcivor, David M. Johnston, Petra Bürgelt, Penny Larin, Duane A. Gill, Liesel A. Ritchie, Steven Meinhold, Jennifer Horan

ETSU Faculty Works

This article describes the testing of a model that proposes that people's beliefs regarding the effectiveness of hazard preparedness interact with social context factors (community participation, collective efficacy, empowerment and trust) to influence levels of hazard preparedness. Using data obtained from people living in coastal communities in Alaska and Oregon that are susceptible to experiencing tsunami, structural equation modelling analyses confirmed the ability of the model to help account for differences in levels of tsunami preparedness. Analysis revealed that community members and civic agencies influence preparedness in ways that are independent of the information provided per se. The model suggests …

Business And Constitutional Originalism In The Roberts Court, Vikram David Amar

Santa Clara Law Review

No abstract provided.

Ethics Review, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Relative Effect Of Alternative Regulatory Actions: Benchmarks For The Compliance And Discipline Process In Different Jurisdictions And Occupations, Robert J. Mcatee

MPA/MPP/MPFM Capstone Projects

The compliance processes of many regulatory agencies have recently come under close scrutiny. The media have portrayed the compliance and discipline processes of many regulatory agencies as being inefficient and not timely in many instances. The Council of Licensure, Enforcement, and Regulation (CLEAR) intends to assist regulatory agencies to do their work in a more efficient and timely manner by providing them with adequate and helpful information.

In the spirit of CLEAR’s mission, a collaborative effort was embarked upon by CLEAR staff and leadership, professionals with experience in the compliance and discipline process along with myself to produce a survey …