Digital Commons Network^™

Early Retirement Benefits Not Entitled To Severance Priority, Joe Scolavino

Bankruptcy Research Library

(Excerpt)

In Supplee v. Bethlehem Steel Corp (In re Bethlehem Steel Corp.), 479 F.3d 167 (2d Cir. 2007), the Second Circuit Court of Appeals addressed the issue of whether early retirement benefits triggered by severance are entitled to administrative expense treatment. The court held that that early retirement benefits are not entitled to severance priority. While the Second Circuit generally treats severance payments as priority administrative expenses when employment is terminated during the employer’s bankruptcy, Bethlehem determined that lump-sum retirement benefits for which the employee became eligible at termination did not constitute a new benefit earned at termination, …

Discharge Under The Code For Erisa "Fiduciaries", Devin Sullivan

Bankruptcy Research Library

(Excerpt)

The Bankruptcy Code (“Code”) provides debtors with relief from many of their outstanding debts. However, even under the broad protection of the Code, some debts cannot be erased. Pursuant to section 523(a)(4) of the Code, an individual debtor may not discharge any debt for fraud or defalcation (unauthorized appropriation of money) while acting in a fiduciary capacity. 11 U.S.C. § 523(a)(4). The federal courts are currently split on the issue of whether a debtor who qualifies as a “fiduciary” under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132 et seq, (“ERISA”) will also qualify as …

Addressing The Needs Of The Homeless: A San José Library Partnership Approach, Lydia N. Collins, Francis E. Howard, Angie Miraflor

Faculty and Staff Publications

Describes an urban joint-use library's approaches to library programs for homeless children, teens, and adults as well as agencies the library could partner with. Proposes that libraries put more effort into reaching out to the homeless community instead of assuming the normal expectation that people will come to the library.

Infectious Agents: Race And Environment In Nineteenth-Century America, Kristen Renee Egan

Dissertations

This dissertation critically examines the relationship between race and nature in nineteenth-century America by analyzing texts that attempt to discover, create, or preserve a pure national identity. Historical events in the nineteenth-century U.S. - such as mass immigration, Native American displacement, industrialization, westward expansion, and the rise of science - frustrated the quest for a unified American identity. While these events seem various, each one exacerbated a nation already bewildered by one central question. What is the traffic between body and space? Nineteenth-century American literature frequently portrays the American environment as an ideal space in need of preservation and at …

Gender Differences In Antecedents To Academic And Personal Well-Being In Urban Youth: What Is The Role Of Social Support?, Erin Caskey

Dissertations

Urban youth are an important, yet understudied population. Moreover, the vast majority of existing research has focused on negative outcomes. Recently, there has been a trend in the field of adolescent research toward creating models that attempt to understand and explain why some members of at-risk populations are able to overcome adversities and to achieve successful adaptation. The present study investigated the relationships between perceived social support, gender, academic outcomes, and personal well-being in urban youth. Overall, perceived social support was found to be related to many outcome variables for males and females. Gender differences were found in the relationships …

The Relations Among Parental Monitoring And Warmth, And Adolescent Externalizing And Internalizing Distress: The Effects Of Parent And Adolescent Perception Of Neighborhood Danger, Jonathan Goldner

Dissertations

Parental monitoring and warmth have traditionally been studied in the context of white, middle-class families. This paper adds to recent research that has begun to explore what levels of these parenting behaviors are optimal for the prevention of adolescent psychopathology in impoverished, urban high crime areas. It also takes into account parent and child perceptions of neighborhood danger. This study employs a longitudinal design, with data collected at two times points one year apart, among a sample of 240 African American young adolescents and their parents in urban, high crime neighborhoods. It aims to study parental monitoring, parental warmth, parent …

Relating Color Blind Racial Attitudes, Social Dominance Orientation And Just World Beliefs, Jennifer Marie Kestner

Dissertations

This research study explored the relationship between Just World Beliefs, Social Dominance Orientation, and Color-blind Racial Attitudes. Beliefs in Just World (BJW) asserts that people believe in a world where, in general, good things happen to those that are good and bad things happen to those that are bad. Research has shown that just world beliefs can be adaptive and protective, but unhealthy behaviors and attitudes can develop in an effort to defend these beliefs. For example, individuals with high beliefs tend to blame victims, deny the reality of social inequality, and hold prejudiced attitudes. Similar constructs related to attitudes …

The Role Of Expectations As Determinants Of Satisfaction In An Outpatient Care Setting, Jan Strohmeyer Brien

Dissertations

Understanding patient satisfaction is a central theme in today's healthcare landscape. The role of patient expectations and its impact on patient satisfaction has not been well understood in the context of a viable theoretical model. Thibault and Kelly's Theory of Interpersonal Relations and constructs of expectations in relationships are used to develop a framework for identifying the main factors driving both expectations and satisfaction. Measures are developed for comparison level of current outcomes compared to expectations (CL), comparison level of alternatives to care (CLalt), investment in selecting a physician, and prior satisfaction. Participants included a random sample of 500 primary …

Therapeutic Mentoring: Outcomes For Youth In Foster Care, Sara B. Johnson

Dissertations

This study examined the impact of therapeutic mentoring on youth in foster care. Youth outcomes on the Child and Adolescent Needs and Strengths (CANS) measure for four groups of youth were compared. Three treatment groups were divided based on the amount of therapeutic mentoring received and compared on CANS outcome scores as measured from baseline to 6, 12, and 18 months. The fourth group did not receive any therapeutic mentoring. Outcome domains for emotional and behavioral functioning, peer relationships, academic functioning, and community involvement were analyzed. All youth in the study (n = 262) received counseling and support through the …

The Importance Of Comprehensive Clinical Social Work Assessments For Determination Of Older Adult Guardianship Petitions In Cook County Probate Court, Chicago, Illinois, Heather Jones

Dissertations

As our population ages there seems to be a strong current toward seeking surrogate decision-makers for individuals, who appear unable to manage their lives and make clear choices. Guardianship is the most profound course of action when determining that an older adult lacks decisional capacity. Older adults make up the majority of persons adjudicated incapacitated and, in turn, are assigned guardians (Crampton, 2004; Teaster, Schmidt, and Roberto, 2004). There is limited research about older adult guardianship, so this study is opportune because of the increased longevity of the population, with the most rapid growth among the very old, who likely …

Connection, Caretaking, And Conflict: The Recalled, Lived Experience Of Adultdaughters Of Bipolar Mothers, Louise Ribeiro Presley

Dissertations

At present in the United States approximately four million people (1.6%) suffer from bipolar I and bipolar II disorders. About 20% are not helped by medication. Each bipolar person has two parents,and may have siblings, friends, spouses and children. All of these people are affected by the feelings and behavior of the bipolar person. The children are especially vulnerable to behavior disorders, depression, and anxiety, even if protective factors mitigate the family situation.

This qualitative research addresses the events recalled by adult daughters whose mothers are bipolar: what they recalled of what they thought, felt and did in response. Events …

Organizational Approaches To Drug Law Enforcement By Local Police Departments In The United States: Specialized Drug Units And Participation In Multi-Agency Drug Task Forces, Robert M. Lombardo, David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

This paper examines the factors associated with the decision of local police departments in the United States to operate specialized drug units or to participate in multi-jurisdictional drug task forces. Combining data from the Law Enforcement Management and Administrative Statistics (LEMAS) Survey, the 2000 Census, and the Uniform Crime Report, we use both bivariate and multivariate methods to conduct the analysis. The findings indicate that county-level agencies, those with other formalized drug control efforts, high levels of violent crime, high degrees of task specialization and formalization, and high proportions of the resident population accounted for by renters were more likely …

Dying In The Shadows Of The Lowlands : Illuminating The Lao Malaria Crisis Through Leadership And Imagination, Edgar M. Ednacot

Doctoral Dissertations

unavailable

Degree Attainment Among Adult Learners, Maureen O'Conor

Dissertations

The purpose of this study is to expand understanding and discover knowledge about degree attainment among adult learners. This qualitative inquiry is about what 15 bachelor's degree recipients over the age of 25 felt contributed to their efforts to attain the bachelor's degree.

This study contains professional research and expert material on motivation, challenges and barriers, learning preferences, and skills. These areas form the foundation of the study. This research also provides detailed demographic profiles of adult undergraduates and non-traditional-age bachelor's degree recipients, as well as economic data including unemployment, financial aid and debt burden. This inquiry utilizes data, reports …

Untangling The Biological Contributions To Soil Stability In Semiarid Shrublands, V. Bala Chaudhary, Matthew A. Bowker, Thomas E. O'Dell, James B. Grace, Andrea E. Redman, Mathias C. Rillig, Nancy C. Johnson

School of Environmental Sustainability: Faculty Publications and Other Works

Communities of plants, biological soil crusts (BSCs), and arbuscular mycorrhizal (AM) fungi are known to influence soil stability individually, but their relative contributions, interactions, and combined effects are not well understood, particularly in arid and semiarid ecosystems. In a landscape-scale field study we quantified plant, BSC, and AM fungal communities at 216 locations along a gradient of soil stability levels in southern Utah, USA. We used multivariate modeling to examine the relative influences of plants, BSCs, and AM fungi on surface and subsurface stability in a semiarid shrubland landscape. Models were found to be congruent with the data and explained …

Depression: The Role Of Cultural Factors And Perception Of Treatment., Cynthia Chacon

Master's Theses

Depression is a prevalent mental disorder. Various factors influence people's attitudes toward help seeking, perceptions, and beliefs about psychotherapy, including ethnicity (language), distress level, social support, treatment modality, and subpopulation. Cognitive behavioral therapy (CBT) and psychodynamic therapy (PT) have been used to treat depression. This study explored the relationship between the aforementioned variables. Participants (N = 264) were White and Mexican-American from a college and the community. Results indicated that ethnicity and subpopulation were not significantly related to seeking help; people who reported higher distress levels and higher social support expressed greater likelihood to seek help. All groups rated CBT …

A Critical Hermeneutic Approach To Understanding Experiences Of Selected Afghan-Muslim-American Leaders Post-9/11 In The Diverse Bay Area, Belal A. Kaifi

Doctoral Dissertations

unavailable

Leadership And The Other : Ethical Action Through Meaning In Work, Rebecca L. Cisek

Doctoral Dissertations

unavailable

Transformational Leadership Practices At A Northern California Winery, Brian Douglas Phifer

Doctoral Dissertations

unavailable

Restorative Justice: A Systematic Review Of The Social Work Literature, Edward J. Gumz, Cynthia L. Grant

Social Work: School of Social Work Faculty Publications and Other Works

Restorative justice is an alternative paradigm for dealing with the effects of crime and wrongdoing that seeks to bring healing to victims, offenders, and the community. Although a key element of social work’s ethical code is the obligation to work toward social justice, this has been viewed primarily as efforts to ensure a fair distribution of resources and opportunities. Yet justice is also restorative in nature—seeking to restore and enhance victims, offenders, and communities to fuller functioning. This article systematically reviews 80 social work peer-reviewed articles dealing with restorative justice. The role of social workers in restorative justice programs remains …

Korean Older Intimate Partner Violence Survivors In North America: Cultural Considerations And Practice Recommendations, Woochan Shim, Holly Nelson-Becker

Social Work: School of Social Work Faculty Publications and Other Works

While literature on elder abuse has expanded, elder abuse by intimate partners has been less investigated. Even less is known about intimate partner violence among older Koreans living in North America. This article identifies important cultural considerations for individuals helping the Korean older adult community beginning with the definition of intimate partner violence in this community and barriers to leaving that include traditional views of the East Asian self. Current practice interventions are discussed and recommendations for future practice such as healing han, the accumulated suffering from years of abuse, are suggested. The ultimate goal of this paper is …

Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau

Journal of Business & Technology Law

No abstract provided.

Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston

Journal of Business & Technology Law

No abstract provided.

In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung

Journal of Business & Technology Law

No abstract provided.

The Differential Effects Of Concurrent Planning Practice Elements On Reunification And Adoption, Amy C. D’Andrade

Faculty Publications

Objective: The child welfare practice of concurrent planning attempts to shorten children's stays in foster care. There is very little quantitative research on concurrent planning's effects. This study examines the influence of concurrent planning practice elements (reunification prognosis, concurrent plan, full disclosure, and discussion of voluntary relinquishment) on reunification and adoption. Method: Using a sample of 885 children, an observational design, and statistical controls, children who received concurrent planning elements were compared to those who did not. Results: Findings show discussion of voluntary relinquishment to be positively associated with adoption and full disclosure to be negatively associated with reunification. Conclusions: …

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info.

Electronic Forms-Based Computing For Evidentiary Analysis, Andy Luse, Brian Mennecke, Anthony M. Townsend

Journal of Digital Forensics, Security and Law

The paperwork associated with evidentiary collection and analysis is a highly repetitive and time-consuming process which often involves duplication of work and can frequently result in documentary errors. Electronic entry of evidencerelated information can facilitate greater accuracy and less time spent on data entry. This manuscript describes a general framework for the implementation of an electronic tablet-based system for evidentiary processing. This framework is then utilized in the design and implementation of an electronic tablet-based evidentiary input prototype system developed for use by forensic laboratories which serves as a verification of the proposed framework. The manuscript concludes with a discussion …

Late-Holocene Lake Diatom-Inferred Palaeoclimate From Central Turkey, Jessie Woodbridge

School of Geography, Earth and Environmental Sciences Theses

In the semi-arid environment of the Eastern Mediterranean, water can be a limiting resource and its availability is influenced by different climate factors. Knowledge of late Holocene water balance is limited for this region. Lake systems and organisms respond to environmental variability and can be used as a proxy for palaeoclimate. The aims of this research project were to reconstruct late Holocene palaeoclimate using diatom frustules preserved within crater lake sediments in central Turkey. Two lakes (Nar Golu and Kratergòl), located in the same climate region, were selected for this purpose. Modem lake samples and sediment cores collected between 1999-2006 …

Foundations In Wisconsin: A Directory [28th Ed. 2009], Marquette University - Funding Information Center, Mary C. Frenn, Melanie Baier, Jeremy Blackwood, Anne Carpenter, Joseph Flipper, Sarah Martin, Greg Sikora

Foundations in Wisconsin: A Directory

The 2009 edition of Foundations in Wisconsin marks the 28th production of the print directory and the 9th year of the online version. The directory is designed as a research tool for grantseekers interested in locating information on private, corporate, and community foundations registered in Wisconsin. Each entry in this new edition has been updated or reviewed to provide the most current information available. Most of the data was drawn from IRS 990-PF tax returns filed by the foundations. However, additional information was obtained from surveys, foundation Web sites, annual reports, and newsletters. Wisconsin foundations have continued to grow in …