Digital Commons Network^™

Nafta Chapter 11 As Supraconstitution, Stepan Wood, Stephen Clarkson

All Faculty Publications

More and more legal scholars are turning to constitutional law to make sense of the growth of transnational and international legal orders. They often employ constitutional terminology loosely, in a bewildering variety of ways, with little effort to clarify their analytical frameworks or acknowledge the normative presuppositions embedded in their analysis. The potential of constitutional analysis as an instrument of critique of transnational legal orders is frequently lost in methodological confusion and normative controversy. An effort at clarification is necessary. We propose a functional approach to supraconstitutional analysis that applies across issue areas, accommodates variation in kinds and degrees of …

What Do Meatpackers & Librarians Have In Common? Library Related Injuries And Possible Solutions, Robert E. Kaehr

The Christian Librarian

This article examines the benefit of exercise to alleviate or prevent injuries common to librarians and library staff. The library literature discusses some interventions such as ergonomics and corrective surgery regarding work-related injuries, but it barely mentions prevention especially as it relates to exercise. Insurance claims filed by library workers rack up thousands of dollars each year. In addition, lost time at work to correct work-related injuries adds much frustration and lost production. Alleviating or eliminating many such occurrences is possible by initiating and maintaining simple exercise programs. Numerous exercises are given that if used conscientiously will curtail the need …

Resource Reveiws, Phyllis Fox

The Christian Librarian

No abstract provided.

Adolescent Religiosity As A Protective Factor For Delinquency: Review Of Evidence And A Conceptual Framework For Future Research, Robert D. Laird, Matthew D. Marrero, Loren D. Marks

Faculty Publications

The first section of this chapter reviews evidence showing that although greater religiosity has been associated with less involvement in delinquent and analogous behaviors, the mechanisms and processes through which religiosity is linked too delinquent behavior are not well understood. In the second section of the chapter, a conceptual framework and theory for studying the religion-delinquency association will be presented. The framework adapts and builds on Gottfredson and Hirschi's (1990) General Theory of Crime. The third section of the chapter presents results off the initial study guided by the framework. Data are drawn from a longitudinal study of development during …

Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell

Articles by Maurer Faculty

No abstract provided.

Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey

Articles by Maurer Faculty

Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally …

Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The public health consequences of the conflict in Iraq will likely continue after the violence has subsided. Reestablishing public health security will require large investments in infrastructure and the creation of effective systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously meet international requirements. Unfortunately, the draft constitution does not accomplish this objective. If politically possible, the constitution should be amended …

Enhancing Cultural Competence In Financial Counseling And Planning: Understanding Why Families Make Religious Contributions, Loren D. Marks, David C. Dollahite, Jeffrey P. Dew

Faculty Publications

Some highly religious individuals contribute a relatively high percent of their income (e.g., 10-15% or more) to their faith communities. This study used a racially and religiously diverse sample and employed qualitative methods to investigate why these individuals give. Five themes emerged from the grounded-theory analysis. Four themes concerned why families gave: a) out of a sense of obedience/duty, b) to express thanksgiving and feel joy, c) because they feel that it is a wise investment, and d) to promote social justice and charity. The final theme that emerged was that they give despite their financial challenges. Based on these …

A Report On The 180 Symposium, Roger Dudley, Allen Walshe

Faculty Publications

No abstract provided.

Sprawl In Europe And America, Michael Lewyn

Scholarly Works

Defenders of suburban sprawl assert that sprawl is inevitable in affluent societies, based on trends in Western Europe. According to supporters of this Inevitability Theory, European cities have decentralized and become more car-dependent, thus proving that even where governments are more aggressively anti-sprawl than American government, anti-sprawl policies will be futile.

This Article compares Western Europe to the United States, and criticizes the Inevitabilty Theory on the grounds that:

(1) Europe is in fact far less automobile-dependent than the United States;
(2) Europe has not, contrary to the Inevitability Theory's claims, become more car-dependent and suburbanized in recent years; and …

Audit Standard Setting And Inspection For U.S. Public Companies: A Critical Assessment And Recommendations For Fundamental Change, Steven M. Glover, Douglas F. Prawitt, Mark H. Taylor

Faculty Publications

The Sarbanes-Oxley Act of 2002 (SOX) established the Public Company Accounting Oversight Board (PCAOB) to oversee the public accounting firms that audit publicly traded companies in the U.S. In this commentary we outline why we believe the PCAOB’s audit standard setting and inspection models are inefficient and dysfunctional. We assert that the Board’s ability to achieve its mission is limited by its early choices, together with its incentives, organizational composition, and structure. We support our assertions with a number of indicators of serious problems and flaws in the current approach. We also present high-level recommendations for change for policy makers, …

Legal Transplants Through Private Contracting: Codes Of Vendor Conduct In Global Supply Chains As An Example, Li-Wen Lin

All Faculty Publications

The legal transplant literature typically focuses on legal transplants through governmental channels (e.g., legislative or judiciary processes). This article however directs attention to a generally ignored phenomenon: legal transplants through private contracting in the globalization age. Private actors have transplanted a variety of private and public laws across jurisdictions through contracting for over a decade. This article argues that codes of vendor conduct in global supply chains are a vivid example for this type of legal transplantation. Given that vendor codes in global supply chains can be interpreted as legal transplants through private contracting, this article further examines the transplant …

Nanotechnology And The Tragedy Of The Anticommons: Towards A Strict Utility Requirement, Graham Reynolds

All Faculty Publications

Nanotechnology has been described as a transformative technology that will bring about the next industrial revolution. Over the last few decades, scientists and their research partners have acquired nanotechnology patents in a manner resembling a gold rush. The nanotechnology gold rush has specifically targeted nanomaterials, nanotechnology’s building blocks. Many of the patents that have been granted for nanomaterials are broad, general patents encompassing basic research. A driving force behind the patenting of basic research in nanotechnology was the development-oriented approach to patent rights. This approach emerged in the 1960s and 1970s, and supported the widespread patenting of basic research in …

Economic Rehabilitation: Understanding The Growth In Consumer Proposals Under Canadian Insolvency Legislation, Janis P. Sarra

All Faculty Publications

Economic rehabilitation is the notion underlying Canada’s Bankruptcy and Insolvency Act (BIA), providing consumer debtors with an opportunity for a “fresh start” through the mechanism of bankruptcy or making a proposal to their creditors for payment of their debts on terms that allow them to rehabilitate their financial status. This article undertakes a comparison of consumer proposals and consumer bankruptcies, examining 5,773 individual insolvencies in the past two years, with a view to discerning choices by individual insolvent debtors of insolvency proceeding. It compares causes of financial distress, income levels, quantum of debt and the assets of those filing proposals …

Social Or Academic Language Intervention? You Don’T Have To Choose, Lee Robinson

Faculty Publications

Students with a variety of types of language impairments exhibit deficits that affect both social interactions and academic performance. Two types of theory of mind underlie social and academic language skills: interpersonal and intrapersonal. In this article, the authors describe strategies for developing interpersonal and intrapersonal theory of mind abilities with the goal of promoting the inferencing skills essential for comprehension of social and academic language.

Estimating Dysphonia Severity In Continuous Speech: Application Of A Multi-Parameter Spectral/Cepstral Model, Christopher Dromey, Shaheen N. Awan, Nelson Roy

Faculty Publications

The purpose of the study was to identify a sub-set of spectral/cepstral-based analysis methods that would most effectively predict dysphonia severity (as estimated via auditory-perceptual analysis) in samples of continuous speech. Acoustic estimates of dysphonia severity were used as an objective treatment outcomes measure in a set of pre- vs post-treatment speech samples. Pre- and post-treatment continuous speech samples from 104 females with primary muscle tension dysphonia (MTD) were rated by listeners using a 100 point visual analogue scale (VAS) and analysed acoustically with spectral/cepstral-based measures. Stepwise linear regression produced a three-factor model consisting of the cepstral peak prominence (CPP); …

An In Vivo Model Of External Superior Laryngeal Nerve Paralysis: Laryngoscopic Findings, Christopher Dromey, Michael E. Barton, Marshall E. Smith, Ray M. Merrill, Cara Sauder, Nelson Roy

Faculty Publications

Objectives/Hypothesis: For over 100 years, a controversy has existed regarding the laryngeal signs that should be considered pathognomonic of unilateral external superior laryngeal nerve (ESLN) paralysis. By selectively blocking the ESLN using lidocaine, we attempted to identify the salient laryngeal features associated with acute, unilateral cricothyroid(CT) muscle dysfunction. Study Design: Prospective, repeated measures, experimental design. Methods: Ten vocally normal adult males under-went lidocaine block of the right ESLN with laryngeal electromyography verification. Flexible videolaryngostroboscopic (FVLS) recordings were acquired before and during the block. Eleven blinded, expert judges, rated randomized pre- versus during block recordings of 10 vocal tasks using standardized …

Laryngeal-Level Amplitude Modulation In Vibrato, Christopher Dromey, Lorie Reese, J Arden Hopkin

Faculty Publications

Summary: The goal of this investigation was to test a new methodology for measuring amplitude modulation (AM) at the level of the vocal folds during vibrato in trained singers, because previous research has suggested that AM arises in large part as an acoustic epiphenomenon through an interaction of the harmonics in the laryngeal source with the resonances of the vocal tract as the fundamental frequency oscillates. A within-subjects model was used to compare vocal activity across three pitch and three loudness conditions. Seventeen female singers with a range of training and experience were recorded with a microphone and an electroglottograph …

Articulatory Changes In Muscle Tension Dysphonia: Evidence Of Vowel Space Expansion Following Manual Circumlaryngeal Therapy, Christopher Dromey, Nelson Roy, Shawn L. Nissen, Shimon Sapir

Faculty Publications

In a preliminary study, we documented significant changes in formant transitions associated with successful manual circumlaryngeal treatment (MCT) of muscle tension dysphonia (MTD), suggesting improvement in speech articulation. The present study explores further the effects of MTD on vowel articulation by means of additional vowel acoustic measures. Pre- and post-treatment audio recordings of 111 women with MTD were analyzed acoustically using two measures: vowel space area (VSA) and vowel articulation index (VAI), constructed using the first (F1) and second (F2) formants of 4 point vowels/ ", i, æ, u/, extracted from eight words within a standard reading passage. Pairwise t-tests …

Beyond Aica Riboside: In Search Of New Specific Amp-Activated Protein Kinase Activators, Bruno Guigas, Kei Sakamoto, Nellie Taleux, Sara M. Reyna, Nicolas Musi, Benoit Viollet, Louis Hue

School of Medicine Publications

5-Aminoimidazole-4-carboxamide-1-beta-D-ribofuranoside (AICA riboside) has been extensively used in vitro and in vivo to activate the AMP-activated protein kinase (AMPK), a metabolic sensor involved in both cellular and whole body energy homeostasis. However, it has been recently highlighted that AICA riboside also exerts AMPK-independent effects, mainly on AMP-regulated enzymes and mitochondrial oxidative phosphorylation (OXPHOS), leading to the conclusion that new compounds with reduced off target effects are needed to specifically activate AMPK. Here, we review recent findings on newly discovered AMPK activators, notably on A-769662, a nonnucleoside compound from the thienopyridone family. We also report that A-769662 is able to activate …

Reclaiming International Law From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …

Suffolk University Academic Catalog And Handbooks (Graduate), College Of Arts And Sciences And Sawyer School Of Management, 2008-2009, Suffok University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

No abstract provided.

Neurophysiological Reflex Mechanisms’ Lack Of Contribution To The Success Of Pnf Stretches, J. Brent Feland, Sterling C. Hilton, J. Ty Hopkins, Iain Hunter, Ulrike H. Mitchell, J. William Myrer

Faculty Publications

Background and Purpose: Proprioceptive neuromuscular facilitation (PNF) stretches are widely used in athletics and rehabilitation. Although it has been shown that they produce better range-of-motion (ROM) increases than the slow or static stretch, the mechanisms responsible remain an enigma. This study was conducted to determine whether the previously proposed neurophysiological mechanisms of reciprocal inhibition and autogenic inhibition are responsible for the success of PNF stretches. In addition, the authors assessed the existence of the phenomenon of successive induction because it is used to strengthen reciprocal inhibition. Methods: Eighteen subjects 17–44 y performed the PNF stretches contract–relax (CR) and contract–relax, agonist …

The Short-Term Effect Of Whole Body Vibration Training On Sprint Start Performance In Collegiate Athletes, J. Brent Feland, J. Ty Hopkins, Iain Hunter, Brad Roberts

Faculty Publications

Whole body vibration (WBV) is characterized by a vibratory stimulus emitted throughout the body through the use of a vibrating platform on which the subject stands. Studies have shown over 30% increases in maximal explosive strength such as maximal speed biceps curl as well as increases in maximum dynamic force such as maximal sitting bench pull as the result of vibration. The purpose of this study was to investigate the effects of short term whole-body vibration on sprint starts among collegiate track athletes. On the first day eleven subjects were randomly assigned to either a non-vibration or vibration group for …

The Teaching/Learning Process Through Mosston's "Spectrum Of Teaching Styles: The Reciprocal Style", David C. Barney, Robert S. Christenson

Faculty Publications

Mosston (1994) created the Spectrum of Teaching Styles to identify the various alternatives that exist to design as well as present instructional episodes. As there are most likely as many ways to define the styles of teaching as there are learners, Mosston's original seven teaching styles have evolved into eleven. As identified by Mosston, each of the styles is differentiated by the decisions that are made by teacher or learner. The sequence of decisions that are made by either the teacher of learner during each of the three specified phases of instruction, before (pre-impact), during (impact) or after (post-impact) helps …

Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson

All Faculty Scholarship

The availability heuristic — a cognitive rule of thumb whereby events that are easily brought to mind are judged to be more likely — is employed by decision-makers on a daily basis. Availability campaigns occur when individuals and groups strategically exploit this cognitive tendency in order to generate publicity for a particular issue, creating pressure to effect legislative change. This paper is the first to argue that environmental availability campaigns are more beneficial than they are harmful. Because they result in pressure on Congress, these campaigns serve as a catalyst for the enactment of critical new legislative initiatives. Specifically, these …

Cheney, Vice Presidential Power And The War On Terror, Joel K. Goldstein

All Faculty Scholarship

It is generally conceded that Vice President Cheney has been our most influential vice president. During his two terms, the office assumed a significance which his predecessors, even those who themselves were quite significant, would not have thought possible. Whereas historically the vice presidency had been dismissed as too feeble, the Cheney vice presidency was attacked as too robust.

The unprecedented power of Cheney as vice president had many sources. One of them was the war on terror. It, of course, assumed an unexpected prominence after 9/11, and the war on terror contributed to Cheney’s ascendance and provided the political …

Community Building For Children’S Health: Lessons From Community Partnerships For Healthy Children, Dorothy Meehan, Kathleen Hebbeler, Stacie Cherner, Dana Petersen

The Foundation Review

· This article describes Community Partnerships for Healthy Children (CPHC), a 10-year, $17 million initiative of the Sierra Health Foundation targeted at improving children’s health in northern California by mobilizing communities to use their assets. Implementation grants were modest ($50,000 annually), but technical assistance and communications support were also provided.

· The initiative rolled out in four phases. Overall, a total of 31 communities participated in the initiative. Twenty-six communities remained through phase three, with 18 engaging in the final fourth phase.

· Evidence indicates that CPHC improved the health of some children in some communities with regard to some …

Community-Based Collaboration: A Philanthropic Model For Positive Social Change, Lynda Frost, Susan Stone

The Foundation Review

· A highly publicized incident served as a catalyst for the Austin, Texas, community, convened by the Hogg Foundation for Mental Health, to address gaps in the behavioral health system.

· The foundation worked with the local behavioral health authority, the mayor’s office, police and sheriff’s departments, and the city health department to design the Austin Mayor’s Mental Health Task Force. The task force was succeeded by a monitoring committee that identified six focus areas in which to develop action plans and monitor community progress.

· This collaborative process aimed to strengthen public commitment to behavioral health services and create …