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2009

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Self-Determination Theory In Motivation To Adopt Physical Activity In Older Adults: A Community Based Approach, Alastair Stewart Jan 2009

Self-Determination Theory In Motivation To Adopt Physical Activity In Older Adults: A Community Based Approach, Alastair Stewart

Theses: Doctorates and Masters

Australia has an increasingly aging population with increasing levels of physical inactivity. The potential detrimental effects of these two factors on the health of the community highlight the need to investigate methods to increase physical activity in older Australian adults. The study reported in this thesis formed part of the PATH (Physical Activity Time for Health) Project, a community-based research trial that compared two strategies to increase physical activity in underactive, 60-80 year old men (n = 66) and women (n = 188). Twelve recreation centres were randomised to either a supervised group based walking intervention with behavioural change components, …

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An Interview With Julian Agyeman: Just Sustainability And Ecopedagogy, Salma Monani Jan 2009

An Interview With Julian Agyeman: Just Sustainability And Ecopedagogy, Salma Monani

Environmental Studies Faculty Publications

This interview with Julian Agyeman, a key originator of the concept of just sustainability, engages Agyeman in discussion of how just sustainability evolved, and how its theoretical and practical dimensions relate to the principles of ecopedagogy.

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The Impact On Organizational Performance Of Contextual Factors, Strategy And Management Control Systems, Nazmi Saeb Jarrar Jan 2009

The Impact On Organizational Performance Of Contextual Factors, Strategy And Management Control Systems, Nazmi Saeb Jarrar

Theses: Doctorates and Masters

This dissertation examined antecedents of the use of contemporary management control systems (MCS) by testing the alignment of strategic and contextual variables with variables of contemporary systems of control in the organization. The study further explored the performance consequences of the implementation of these control systems, and the manner in which strategy can influence the organization’s control culture and management accounting practices. The impact of contextual factors, notably size and structural arrangements, such as decentralization and diversification, on management's choice of control systems were also examined. Hence, the study addressed the need for a better understanding of the association between …

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International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson Jan 2009

International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the legal recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This Article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.

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Getting Real About Race And Prisoner Rights, Michael B. Mushlin Jan 2009

Getting Real About Race And Prisoner Rights, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

This Article explores the nexus of two stories central to contemporary American jurisprudence and--for tens of millions of citizens--central to the American experience: the rise of the “carceral state” through steep increases in the incarceration of non-whites, and the decline, over the very same period, in legal protections for prisoners. The Article suggests that these two stories cannot be considered in isolation from one another. Nearly everything we know about race from the social sciences suggests that, in the highly pressured context of prison life, racial tensions will play a role in the decisions that guards and administrators make concerning …

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Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford Jan 2009

Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

In late winter 2009, the airwaves came alive with stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are the vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother’s well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long …

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Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman Jan 2009

Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This paper explores the commodification of women and biological processes, the confusion of scientific evidence with social agendas, and the conflict between marketing and public health. I assert that key actors in the healthcare marketplace - government, businesses, and doctors – have acted to enable weak medical and scientific evidence to be manipulated by ideological and profit-making partisans in a poorly regulated market. I focus on the unique role of the medical profession, which has acted with government and the private sector to shape the markets in human milk and infant formula. In a striking parallel to the pharmaceutical industry, …

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The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield Jan 2009

The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Words hurt! Recent news stories about cyber bulling make clear that a word can cause as much pain as a punch. Unfortunately, the law redresses those who suffer injury from harmful speech through a series of seemingly innocuous remedies, including financial remuneration or retribution through minimal criminal penalties. The law stops, however, at imposing the same type of criminal punishment on those who intend to cause emotional harm through words, as it does those who intend to cause physical harm. In other words, legislatures and courts have been unwilling to elevate an actor’s intentional use of harmful words to the …

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A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard Jan 2009

A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa Jan 2009

Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

The Latin phrase nemo tenetur seipsum accusare means roughly “no man has to accuse himself.” It is the basis of our rights against self incrimination and forced inculpation. It protects against three practical problems associated with confessions: (1) untrustworthy confessions; (2) involuntary confessions; and (3) confessions provoked through unacceptable force. This article argues that the Nemo tenetur principle was intended primarily to avoid the third problem: confessions obtained through improper methods. It examines the arguments for and against justifying the principle as a protection against either untrustworthy or involuntary confessions. The article also develops a framework to aid in the …

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Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin Jan 2009

Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …

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Legal Holes, Noa Ben-Asher Jan 2009

Legal Holes, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

By explaining the legal holes debate via the lens of science and theology, the essay offers two main insights. First, the essay argues that although the legal holes debate is often understood as simply being about executive measures in emergencies, the debate should also be seen as implicating a broader jurisprudential dispute about the very nature of the legal system. Second, the essay shows that the two approaches bear several surprising similarities--their skepticism of judges, their skepticism of legislators, and, most notably, their use of law-preserving violence.

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A Suggested Solution To The Problem Of Intestate Succession In Nontraditional Family Arrangements: Taking The "Adoption" (And The Inequity) Out Of The Doctrine Of "Equitable Adoption", Irene D. Johnson Jan 2009

A Suggested Solution To The Problem Of Intestate Succession In Nontraditional Family Arrangements: Taking The "Adoption" (And The Inequity) Out Of The Doctrine Of "Equitable Adoption", Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

Part I of this Article examines the doctrine of equitable adoption, focusing on its deficiencies in addressing some of the issues of the modern family. Part II considers the specific issue of intestate succession, the way that the equitable adoption doctrine falls short in providing a consistent rational result of heirship in the modern family, and the reasons for expanding inheritance rights to “family members” claiming an intestate share despite the fact that they were not born into or legally adopted into the family arrangement. Part III proposes answers to these difficult problems, suggesting a statutory provision defining “child,” for …

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Heuristics In Decision Making, Fatima M. Albar, Antonie J. Jetter Jan 2009

Heuristics In Decision Making, Fatima M. Albar, Antonie J. Jetter

Engineering and Technology Management Faculty Publications and Presentations

Heuristics are simple rules of thumbs for problem solving that follow a logic that is quite different from consequential logic. They have long been regarded, as an inferior technique for decision making that is the source of irrational decision behavior. Recently, decision making researchers have demonstrated that some heuristics are highly efficient and can compete with complex decision models in some application domains. This paper explores the different streams of research, summarizes the state of the art decision making model, and discusses its implications for complex decisions in engineering and technology management.

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The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman Jan 2009

The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Reducing the incidence of wrongful convictions based on eyewitness mistakes poses a difficult challenge to the criminal justice system. There is near-unanimity among courts and commentators that eyewitness mistakes account for more erroneous convictions than any other type of proof. It is therefore incumbent on every key participant in the criminal justice system - judge, prosecutor, police, and defense counsel - to use every available tool to protect an accused from being mistakenly identified by an eyewitness. For the judge, protecting the accused requires a willingness to give the jury special instructions on eyewitness identification and a willingness to allow …

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Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh Jan 2009

Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).7 Although an American diplomat is said to have remarked in preparing for …

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Qualitative And Quantitative Methods In Occupational-Stress Research, Irvin Sam Schonfeld, Edwin Farrell Jan 2009

Qualitative And Quantitative Methods In Occupational-Stress Research, Irvin Sam Schonfeld, Edwin Farrell

Publications and Research

The paper examined the ways in which qualitative and quantitative methods support each other in research on occupational stress. Qualitative methods include (a) eliciting from unconstrained descriptions of work experiences, (b) careful first-hand observations at the workplace, and (c) participant‑observers describing “from the inside” a particular work experience. The paper shows how qualitative research stimulates theory development, hypothesis generation, and the identification of job stressors and coping responses. The limitations of qualitative research, particularly in the area of verification, are also described.

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Métodos Qualitativos E Quantitativos Na Pesquisa Sobre Stress Ocupacional, Irvin Sam Schonfeld, Edwin Farrell Jan 2009

Métodos Qualitativos E Quantitativos Na Pesquisa Sobre Stress Ocupacional, Irvin Sam Schonfeld, Edwin Farrell

Publications and Research

O presente artigo examina as formas pelas quais os métodos qualitativos e quantitativos se apóiam mutuamente na pesquisa sobre o stress ocupacional. Os métodos qualitativos incluem (a) obtenção de informações a partir de descrições livres de vivências no trabalho, (b) observações diretas, cuidadosas no local de trabalho e (c) observadores participantes que descrevem uma determinada experiência de trabalho a partir do local onde ela ocorre. Mostra, também, como a pesquisa qualitativa estimula o desenvolvimento de teorias, a geração de hipóteses e a identificação de estressores no trabalho e de respostas de coping. As limitações da pesquisa qualitativa, especialmente na área …

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Cookie Monsters: Seeing Young People’S Hacking As Creative Practice, Gregory T. Donovan, Cindi Katz Jan 2009

Cookie Monsters: Seeing Young People’S Hacking As Creative Practice, Gregory T. Donovan, Cindi Katz

Publications and Research

This paper examines the benefits and obstacles to young people’s open-ended and unrestricted access to technological environments. While children and youth are frequently seen as threatened or threatening in this realm, their playful engagements suggest that they are self-possessed social actors, able to negotiate most of its challenges effectively. Whether it is proprietary software, the business practices of some technology providers, or the separation of play, work, and learning in most classrooms, the spatial-temporality of young people’s access to and use of technology is often configured to restrict their freedom of choice and behavior. We focus on these issues through …

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The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett Jan 2009

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett

Utah Law Review

An addiction to drug laws is caused by an inadequate understanding of individual rights and the vital role such rights play in deciding matters of legality. As a result, policies are implemented that cause serious' harm to the very individuals whom these policies were devised to help and to the general public. If the rights of individuals to choose how to use their person and possessions are fully respected, there is no guaranty that people will exercise their rights wisely. Some may mistakenly choose the path of finding happiness in a bottle or in a vial. Others may wish to …

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Recreational Drug Regulation: A Plea For Responsibility, Donald A. Dripps Jan 2009

Recreational Drug Regulation: A Plea For Responsibility, Donald A. Dripps

Utah Law Review

This Article has argued that U.S. thinking about drug policy is inconsistent with the criminal law's rejection of any addiction defense and that the criminal law is right to reject that defense. Once society accepts that the choice to use drugs is not categorically different than the choice to consume many other consumer products with dangerous potentials and insidious long-term consequences, it is possible to see how misguided supply-side efforts have been. Supply-side enforcement wastes large quantities of resources with real economic opportunity costs, causes massive reductions in consumer welfare, and addresses the external costs of drug use inefficiently and …

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High Society: Call To Arms, Joseph A. Califano, Jr. Jan 2009

High Society: Call To Arms, Joseph A. Califano, Jr.

Utah Law Review

If you wonder why I call our nation a high society, consider just one fact. Although we Americans are only 4 percent of the world's population, we consilme two-thirds of the world's illegal drugs. l And that, my friends, is only the tip of the iceberg. HIGH SOCIETY. is a book about the pervasive and pernicious role of alcohol and drug abuse in our 'country? It shows how such abuse causes and aggravates just about every intractable problem our nation faces. And it calls for a revolution in our attitude about substance abuse and addiction and how we deal with …

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Family As A Vehicle For Abjection, Kathy Abrams Jan 2009

Family As A Vehicle For Abjection, Kathy Abrams

Utah Law Review

In this paper, I take my bearings from those who have argued we can see a system of family law emerging in the area of immigration. Kerry Abrams, to take one example, has looked at a series of laws relating to marriage, and argued that couples that include a noncitizen are subject to a regime of federal laws and policies that is more stringent and interventiorlist than the state law relating to citizen couples. My focus here, however, is on a different area ofimmigration law or policy; a series of enforcement efforts aimed at apprehending and detaining undocumented immigrants. In …

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The "Opt Out Revolution" And The Changing Narratives Of Motherhood: Self Governing The Work/Family Conflict, Brenda Cossman Jan 2009

The "Opt Out Revolution" And The Changing Narratives Of Motherhood: Self Governing The Work/Family Conflict, Brenda Cossman

Utah Law Review

The self governance discourse of the opt out revolution may thus operate to deflect attention away from the multiple levels of state, market, and family that constitute the terrain of women's choices. However pointing out this obfuscating effect should not be equated with denying the fact of choice. Rather, this Article's argument is that it is precisely the degree of choice operating in these women's lives that makes the narrative so powerful, and so difficult to effectively challenge. Instead of denying the descriptive, analytic, or onnative reality of choice, an effective feminist response may be to shift its analysis to …

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Somebody's Children, Laura Briggs Jan 2009

Somebody's Children, Laura Briggs

Utah Law Review

This article has been interested in how and why liberals, and even feminists like Elizabeth Bartholet, joined the campaign against "illegitimacy" waged by neoconservatives in the 1990s as part of the effort to get rid of federal entitlements that supported single mothers. As we have seen, the 1996 Interethnic Placement Act was redefined to separate it from the previous controversy over Gingrich's remarks about orphanages, and even, ultimately, from the measure to end AFDC. It was called, instead, as legal scholar Joan Heifetz Hollinger defines it, a "law aimed at removing the barriers to permanency for the hundreds of thousands …

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To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity Jan 2009

To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity

Utah Law Review

Throughout United States history, society has viewed assisted suicide unfavorably. Recently, however, Americans seem to be more accepting of the controversial procedure. Although assisted suicide is legal in only three states, it appears that as society grows increasingly comfortable with regulation of the issue, it may be more inclined to allow the practice.

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Marital Rights For Teens: Judicial Intervention That Properly Balances Privacy And Protection, Pamela E. Beatse Jan 2009

Marital Rights For Teens: Judicial Intervention That Properly Balances Privacy And Protection, Pamela E. Beatse

Utah Law Review

Uncle George's Story, pinpoints the many policy tensions at play when minors desire to marry, especially when the minor female is pregnant. Clearly, George was a young man deeply affected by his experiences growing up as an illegitimate child. He made the voluntary choice to marry his childhood sweetheart,who was pregnant with another man's child. With the support of her father, George and his bride were legally married in Utah and had a strong, loving marriage. Yet, this story is not the typical story when teens marry. Consequently, under pure common law and subsequent statutory provisions, all states have carved …

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From Identity Politics To Ideology Politics, Jessica Knouse Jan 2009

From Identity Politics To Ideology Politics, Jessica Knouse

Utah Law Review

We live in a lacuna between identity politics and post-identity politics. Although we understand that identity groups like African Americans and women are not ideologically monolithic, we continue to use race and gender as proxies for ideology. Although some have proclaimed the 2008 presidential election the first “post-identity politics election,” issues of race and gender continue to dominate the public forum. In short, although we want to have transcended identity politics, we have not. This Article asks why not, and concludes that the existing equal protection doctrine is partly to blame. It proposes that we abandon the existing doctrine, which …

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Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr. Jan 2009

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr.

Utah Law Review

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …

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Height Discrimination In Employment, Isaac B. Rosenberg Jan 2009

Height Discrimination In Employment, Isaac B. Rosenberg

Utah Law Review

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

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