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2009

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“I Talk To God But The Sky Is Empty:” W.B. Yeats’S Influence On Sylvia Plath’S Renunciation Of Christianity, Rachel Leigh Anderson Jan 2009

“I Talk To God But The Sky Is Empty:” W.B. Yeats’S Influence On Sylvia Plath’S Renunciation Of Christianity, Rachel Leigh Anderson

All ETDs from UAB

No abstract provided.


The Divine Geometry Of Chocolate: Artist's Essay, Mariángeles Soto-Díaz Jan 2009

The Divine Geometry Of Chocolate: Artist's Essay, Mariángeles Soto-Díaz

Contemporary Aesthetics (Journal Archive)

The artist discusses her series of paintings, The Divine Geometry of Chocolate, using a reappraised notion of the universal in the context of contemporary Latin American abstraction.


Toward A Development Of A Cosmopolitan Aesthetic, Nalini Bhushan Jan 2009

Toward A Development Of A Cosmopolitan Aesthetic, Nalini Bhushan

Contemporary Aesthetics (Journal Archive)

In this essay I explore the interaction between race and aesthetics in colonial India (1857-1947). In the context of nation building and the Indian independence movement, the Indian art world struggles to articulate conditions for the very possibility of an artist who would be authentically Indian while remaining authentically artistic, a seemingly impossible accomplishment. And yet a chosen few are somehow are able to do just this: cosmopolitan Indian artists, transcending the parochial boundaries of nation, race, ethnicity, and religion as set by tradition, while remaining rooted in something that is nonetheless fundamentally Indian. I focus on three artists from …


Immortal Fame: Publicity Rights, Taxation, And The Power Of Testation, Joshua C. Tate Jan 2009

Immortal Fame: Publicity Rights, Taxation, And The Power Of Testation, Joshua C. Tate

Georgia Law Review

Several states now recognize survivable publicity rights, allowing the heirs of a deceased celebrity to inherit the rights to her image and likeness. Under the default U.S. rule of testamentary freedom, a celebrity could also freely devise such survivable rights to persons of his or her choosing. Nevertheless, some scholars have recently proposed the adoption of state statues under which survivable publicity rights would pass automatically to specified statutory heirs regardless of the celebrity's wishes. This Article concludes that no such interference with testamentary freedom is warranted. There is admittedly some historical precedent for protecting the interests of surviving family …


Discounting Works: A Structural Approach To Understanding Why, Robertico R. Croes, Kelly J. Semrad Jan 2009

Discounting Works: A Structural Approach To Understanding Why, Robertico R. Croes, Kelly J. Semrad

Dick Pope Sr. Institute Publications

Hotel managers have long toiled over a course of action that would help them preserve hotel revenue during diminished demand seasons. They have responded to this challenge by discounting hotel room rates to sustain revenue and the means by which they could determine how discounting could increase hotel financial performance. That revenue would otherwise be lost when supply of rooms exceeds the demand. Their need to find a procedure to aid them in solving hotel occupancy problems that threaten that revenue has been a source of discussion throughout the industry. However, most of the studies are more prescriptive and normative …


Shaping One's Own Destiny: Global Economy, Family, And Women's Struggle In The Taiwanese Context, Anru Lee Jan 2009

Shaping One's Own Destiny: Global Economy, Family, And Women's Struggle In The Taiwanese Context, Anru Lee

Publications and Research

No abstract provided.


地鐵作為 "文化親密" 的空間: 以台北市大眾捷運系統為例, Anru Lee Jan 2009

地鐵作為 "文化親密" 的空間: 以台北市大眾捷運系統為例, Anru Lee

Publications and Research

No abstract provided.


Magma In A Beaker: Analog Experiments With Water And Various Salts Or Sugar For Teaching Igneous Petrology, John B. Brady Jan 2009

Magma In A Beaker: Analog Experiments With Water And Various Salts Or Sugar For Teaching Igneous Petrology, John B. Brady

Geosciences: Faculty Publications

Solutions of water and a salt or sugar make excellent experimental analog magmas for teaching concepts of igneous petrology because of the comparatively low temperatures involved, the simplicity of the apparatus needed, and the responsiveness of familiar chemical systems. Boiling of these aqueous solutions on a hot plate can be used to increase the concentration of a dissolved salt or sugar to levels that may be predicted by steam-saturation curves. Sufficiently concentrated solutions will crystallize, partially or completely, upon cooling to room temperature. Binary temperature–composition phase diagrams for H2O and KCl, NaCl, MgCl2, CaCl2, …


California Proposition 2: A Watershed Moment For Animal Law, Jonathan R. Lovvorn, Nancy V. Perry Jan 2009

California Proposition 2: A Watershed Moment For Animal Law, Jonathan R. Lovvorn, Nancy V. Perry

Animal Law Review

This essay explores the legislative and legal campaign to enact California Proposition 2: The Prevention of Farm Animal Cruelty Act, approved by California voters on November 4, 2008. The authors direct the legislation and litigation programs for The Humane Society of the United States, and, along with many other individuals and organizations, were centrally involved in the drafting, campaigning, and litigation efforts in support of the measure.


Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley Jan 2009

Caring For Dolphins, Otters, And Octopuses: Speciesism In The Regulation Of Zoos And Aquariums, Marla K. Conley

Animal Law Review

Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor. Unfortunately, the industry associations charged with policing zoos and aquariums lack the enforcement authority necessary to ensure that animals kept in these facilities receive adequate attention or resources. This article argues that marine animals kept in public display facilities, such as zoos and aquariums, should benefit from the same level of regulatory protection as their land-bound counterparts. Even though marine animals demonstrate intellectual abilities equivalent or superior to those of land-bound animals, federal regulations allow facilities …


Son Of Sam And Dog Of Sam: Regulating Depictions Of Animal Cruelty Through The Use Of Criminal Anti-Profit Statutes, Emma Ricaurte Jan 2009

Son Of Sam And Dog Of Sam: Regulating Depictions Of Animal Cruelty Through The Use Of Criminal Anti-Profit Statutes, Emma Ricaurte

Animal Law Review

In 1991, Congress enacted 18 U.S.C. § 48, which prohibits the interstate sale and distribution of depictions of animal cruelty, in response to the proliferation of animal “crush videos” on the Internet. In 2008, the Third Circuit, in United States v. Stevens, a case involving dog fighting, held that the law was an unconstitutional restriction on free speech. In April of 2009, the Supreme Court of the United States granted certiorari. Discussions about the regulation of depictions of animal cruelty have largely focused on whether the child pornography or obscenity exceptions to the First Amendment should be extended to include …


Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck Jan 2009

Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck

Faculty Publications

No abstract provided.


The International Court Of Justice And The Concept Of State Practice, A. Mark Weisburd Jan 2009

The International Court Of Justice And The Concept Of State Practice, A. Mark Weisburd

Faculty Publications

No abstract provided.


Escheat: Is The State The Last Heir?, John V. Orth Jan 2009

Escheat: Is The State The Last Heir?, John V. Orth

Faculty Publications

No abstract provided.


Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson Jan 2009

Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson

Faculty Scholarship

In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.


Emotional State And Localized Norms: A Reply, Clare Huntington Jan 2009

Emotional State And Localized Norms: A Reply, Clare Huntington

Faculty Scholarship

This piece is a response to Emory Law professor Martha Albertson Fineman's comments on Professor Huntington's Article "Familial Norms and Morality, 59 Emory L.J 1103 (2010).


The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Distlear Jan 2009

The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Distlear

Faculty Scholarship

Debates about statutory interpretation-and especially about the role of the canons of construction and legislative history-are generally framed in one-size-fits-all terms. Yet federal judges including most Supreme Court Justices-have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the first in-depth examination of interpretive approaches taken in two distinct subject areas over an extended period of time. Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008. The authors conclude that the Justices tend to rely on …


Familial Norms And Normality Colloquium Celebrating 25th Anniversary Of Feminism And Legal Theory Project, Clare Huntington Jan 2009

Familial Norms And Normality Colloquium Celebrating 25th Anniversary Of Feminism And Legal Theory Project, Clare Huntington

Faculty Scholarship

Social norms exert a powerful influence on families. They shape major life decisions, such as whether to marry and how many children to have, as well as everyday decisions, such as how to discipline children and divide household labor. Emotion is a defining feature of these familial social norms, giving force and content to norms in contexts as varied as reproductive choice, parenting, and same-sex relationships. These emotion-laden norms do not stand apart from the law. Falling along a continuum of involvement that ranges from direct regulation to choice architecture, state sway over social norms through their emotional valence is …


Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent Jan 2009

Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent

Faculty Scholarship

This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …


Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter Jan 2009

Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter

Faculty Scholarship

This article proposes a new, functional explanation of the different roles of non-shareholder groups (particularly labor) in different corporate governance systems. The argument depends on the analysis of a factor that has so far received relatively little attention in corporate governance research: the level of shareholder influence on managerial decision making. Pro-employee laws mitigate holdup problems- opportunism from which shareholders benefit ex post, but which will deter firm-specific investment in human capital ex ante. Since holdup takes place within what is considered legitimate managerial business judgment and all shareholders (both majority and minority) are its financial beneficiaries, the degree of …


Trouble With All-Or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years After Amchem And Ortiz, Howard M. Erichson Jan 2009

Trouble With All-Or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years After Amchem And Ortiz, Howard M. Erichson

Faculty Scholarship

When defendants settle litigation involving multiple plaintiffs, they often insist that they will settle only if they obtain releases from all or nearly all of the plaintiffs in the group. If a defendant is going to spend money to resolve claims, it prefers to take its hit and move on. As one experienced settlement administrator puts it, when a defendant approaches plaintiffs' lawyers to discuss the settlement of a mass dispute, the "subject might be broached in various terms, [but] the underlying message is the same-'How much will it cost us to get out of all of these cases?" A …


Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile Jan 2009

Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile

Faculty Scholarship

This article advances a new theory of drug regulation that addresses two previously unexamined questions: how law-makers are able to regulate drugs differently irrespective of the dangers the drugs may pose and independent of their health effects, and the process followed to achieve this phenomenon. For example, although tobacco products are the leading cause of preventable death in the U.S. they can be bought and sold legally by adults, while marijuana, a substantially safer drug, is subject to the highest level of drug control. This article posits a conceptual model for making sense of this dissonance and applies this model …


Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout Jan 2009

Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout

Faculty Scholarship

This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …


The Intersection Of Punctuated Equilibrium And Leadership Emergence Within The Framework Of Naturalistic Decision Making, Linda Moerschell Jan 2009

The Intersection Of Punctuated Equilibrium And Leadership Emergence Within The Framework Of Naturalistic Decision Making, Linda Moerschell

Walden Dissertations and Doctoral Studies

Punctuated equilibrium, a theory of unexpected and sudden change arising out of evolutionary biology and paleontology, has been applied to decision sciences, physics, organizational theory, and group behavior but never to leadership emergence theories. The purpose of the study was to discover how leadership emerges during a period of punctuated equilibrium, a sudden and unexpected change event, using a naturalistic decision making framework. Thus, the research question probed how leadership emergence could be theoretically modeled in a critical event. This grounded theory study was particularly unique because it drew from, and helped unify the four scientific foundations of complexity science, …


An Examination Of Differences Between Online Learning For Hispanic And Caucasian Community College Students, Edward J. Beyer Jan 2009

An Examination Of Differences Between Online Learning For Hispanic And Caucasian Community College Students, Edward J. Beyer

Walden Dissertations and Doctoral Studies

Hispanic students are enrolling in community colleges at an increasing rate, and they do not succeed in community college online courses at a rate comparable to Caucasian students. Increasing Hispanic success in online education could potentially enhance their socioeconomic status. Drawing from the theoretical frameworks of andragogy and constructivism, the purpose of this case study was to examine differences between Hispanic and Caucasian students in online learning and identify factors that might contribute to the reported differences in success across Hispanic and Caucasian online students. Research questions contrasted the impact of course design, Internet access, learning preferences, and motivation on …


Intrapersonal And Community-Related Influences Of Rural Adolescent Pregnancy: A Mixed-Method Approach, Kimberly Becknel Brodie Jan 2009

Intrapersonal And Community-Related Influences Of Rural Adolescent Pregnancy: A Mixed-Method Approach, Kimberly Becknel Brodie

Walden Dissertations and Doctoral Studies

The majority of data on adolescent pregnancy pertains to urban communities, therefore, the individual and social influences associated with adolescent pregnancy in rural communities have not been extensively explored. The pregnancy rate among adolescent women aged 15 to 19 in rural Vance County, North Carolina, is 113.7 per 1,000, nearly twice the state average. This sequential mixed-method study used the social ecological model to evaluate the intrapersonal and community-related factors associated with adolescent pregnancy in this rural area. A quantitative survey assessed intrapersonal factors, namely sexual health knowledge, sex-related attitudes, and self-esteem in pregnant or parenting and nonpregnant or nonparenting …


Personal And Professional Spirituality: Muslim Social Workers' Perspectives, Cheryl W. El-Amin Jan 2009

Personal And Professional Spirituality: Muslim Social Workers' Perspectives, Cheryl W. El-Amin

Walden Dissertations and Doctoral Studies

Research in the area of religion and spirituality in social work practice is lacking minority practitioner representation. This phenomenological study explored the questions of how American Muslim social workers define and experience the religious/spiritual, and perceive the propriety of integrating either, in practice. Ibn Khaldun and Durkheim, early social theorists, suggested that group feeling and affiliation impact personal and professional perception and decision making. American societal views of Muslims are often negative and uninformed. A group of 15 Muslim practitioners with bachelor's or more advanced degrees in social work were recruited through a survey administered via an Internet survey site. …


The Effects Of An Integrated Behavioral Health Initiative On The Behavior Of Providers In An Ob/Gyn Primary Care Clinic, Dean Moritz Jan 2009

The Effects Of An Integrated Behavioral Health Initiative On The Behavior Of Providers In An Ob/Gyn Primary Care Clinic, Dean Moritz

Walden Dissertations and Doctoral Studies

The separation between behavioral services and traditional medicine is increasingly being seen as counterproductive on personal and societal levels. Despite this, there has been little research examining how integrated models blending mental and physical health services could be implemented. The literature revealed that behavioral interventions have been incorporated into traditional medical treatments, but this often has been piecemeal in nature and has yielded equivocal results. This study examined the assertion that effective integration between behavioral and medical services will increase the standard of care for the patient. Integration in this study was accomplished by colocating a psychologist on the primary …


The Relationship Between Religious And Spiritual Factors And The Perpetration Of Intimate Personal Violence, Robbin G. Todhunter Jan 2009

The Relationship Between Religious And Spiritual Factors And The Perpetration Of Intimate Personal Violence, Robbin G. Todhunter

Walden Dissertations and Doctoral Studies

Intimate partner violence (IPV) is a multifaceted social issue that affects the Christian faith community as it does the secular community. Though the literature reflects some understanding of general correlates and possible antecedents to IPV within the Christian community, the impact of religious and spiritual factors tends to be homogenized and is often misjudged. Allport's theory of intrinsic and extrinsic religious orientation provided a platform for investigating Christian male-perpetrated IPV. This quantitative study utilized survey design and measured the impact of 10 select religious and spiritual factors on the probability of physical or sexual IPV perpetration. Archival data from Wave …


Effects Of Mentoring Preservice Teachers On Inservice Teachers In Professional Development School Environments, Marianne Pratschler Jan 2009

Effects Of Mentoring Preservice Teachers On Inservice Teachers In Professional Development School Environments, Marianne Pratschler

Walden Dissertations and Doctoral Studies

Colleges and universities collaborte with P-12 public schools in professional development school (PDS) partnerships to improve teacher training, provide professional development for inservice teachers, improve student achievement, and promote action research. Most research has been done on advantages for preservice teachers and for students in classrooms. The purpose of this qualitative study was to better understand inservice teachers' mentoring experiences in order for a local college to support and enrich the professional lives of inservice teachers. Research questions addressed inservice teachers' perceptions regarding mentoring interactions, effects on their own classroom practices, and professional growth. The purposeful sample was comprised of …