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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 …

Can Software Be A Bankruptcy Petition Preparer?, Thomas Szaniawski

Bankruptcy Research Library

(Excerpt)

Recently, in Reynoso v. United States (In re Reynoso) — a case of first impression for the Ninth Circuit that addressed the intersection of cyberspace and bankruptcy — the court held that a provider of web-based bankruptcy software was a bankruptcy petition preparer (“BPP”) under 11 U.S.C. section 110 and that under California law, the features and functionality of the software went beyond mere typesetting and constituted the unauthorized practice of law. Reynoso v. United States (In re Reynoso), 477 F.3d 1117 (9th Cir. 2007). In re Reynoso is significant because prior to this …

Greek And Pre-Greek Oath : The Importance Of Styx, Marianina Demetri Olcott

Faculty Publications

This paper seeks to prove that in pre-Greek oaths and truth-tests , liturgy associated with this religious stratum did not have libations as the primary ritual feature. Rather, from an examination of a variety of textual sources we uncover evidence not only that Styx and Demeter are aspects of the same pre- Greek female deity but also that pre-Greek oaths may have been associated with certain stones rather than merely libations.

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.

Teaching And Learning In Second Life: A Pilot Study, Anamika Dasgupta

Faculty and Staff Publications

Second Life (SL) is a 3-D virtual online environment that was first released in 2003 by Linden Lab. Educators speculate that it has the ability to support kinesthetic and audio-visual styles. Many universities and colleges have built their teaching campuses in SL in order to experiment with teaching and learning activities in SL. In this study, data were collected from 16 students to evaluate how students respond to the various communication modes available in SL, how students perceive the manipulation of in-world movement, navigation, and action affordances in SL, and how students perceive using a virtual environment to attain learning …

Internet Search Statistics As A Source Of Business Intelligence: Searches On Foreclosure As An Estimate Of Actual Home Foreclosures, G. Kent Webb

Faculty Publications, Information Systems & Technology

Historical search data, describing the volume of searches by topic and region, have recently become freely available. This provides a potentially valuable source of data useful for business intelligence about conditions external to the organization where data is sometimes sparse. As an experiment for a business application, Google searches on the keyword “foreclosure” were correlated with actual U.S. home foreclosures over the past 4 years. The resulting regression analysis shows a very good correlation, indicating that searches on “foreclosure” provide a very accurate estimate of trends in actual U.S. home foreclosures and may provide an early warning system. In a …

Transcriptional Regulation Of The Porcine Type Ii Gnrh Receptor Gene, Vanessa M. Brauer

Department of Animal Science: Dissertations, Theses, and Student Research

The classical mammalian form of gonadotropin releasing hormone (GnRH), GnRH I, is a hypothalamic neuropeptide that functions as a key regulator of reproduction. The interaction between GnRH I and its receptor, GnRH receptor I (GnRHR I), stimulates gonadotropin secretion from the anterior pituitary gland. The gonadotropins, luteinizing hormone (LH) and follicle stimulating hormone (FSH), act on the gonads to stimulate either steroidogenesis and ovulation or gametogenesis, respectively. The steroid hormones produced in the gonads act through a feedback pathway to regulate the production of both GnRH I from the hypothalamus and gonadotropins from the anterior pituitary.

Another form of GnRH, …

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 …

The Queer Work Of Fantasy: The Romance In Antebellum America, Zachary Neil Lamm

Dissertations

This project examines the ways in which antebellum writers of romances theorized the relationship between fantasy and queer desire. These writers produced vision of alternative forms of sociality that serve to criticize the heteronormativity of antebellum sexual culture and to promote fantasy as both a mode of critique and a strategy for cultural subversion. Antebellum romances thus represent both a deep dissatisfaction with their author's contemporary culture and a means of envisioning subversive socialities and intimacies that promote freedom of the expression of desire and allow for the queerness that might characterize such expressions if subjects were able to speak …

Moral Reasons Arbitrariness, Brad Seeman

Dissertations

Bradley Nelson Seeman

Loyola University Chicago

MORAL REASONS ARBITRARINESS

The moral philosophies of Allan Gibbard, Christine Korsgaard, and John Post (following Ruth Garrett Millikan's "teleosemantics") each succumb to moral reasons arbitrariness. If a moral philosophy suffers from moral reasons arbitrariness, it fails to establish support relations for moral judgments that uniquely justify those judgments in terms that make essential reference to a person's ability to consider and weigh those support relations in making a moral decision. Moral reasons arbitrariness arises when (1) moral reasons are rooted in factors adventitious to the consideration of support relations, or (2) conflicting moral judgments …

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 …

Recognition Of Emotions From Facial Expression And Situational Cues In Children With Autism, Dina Tell

Dissertations

The present study investigated two areas of emotion recognition in school-aged high-functioning children with autism and typically developing children, matched on chronological age and gender: (1) recognition of facially expressed emotions that were presented in still photographs of adult faces and (2) emotion recognition from situational and facial cues, presented in line drawings of emotionally-laden situations. For the photograph task, children's accuracy in recognizing facial expressions of happy, sad, angry, and fear emotions along with neutral expressions was investigated. All emotional expressions were presented with computer-generated direct and averted eye-gaze at 100% and 50% emotion strength. Of particular interest were …

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 …

A Rat Model Examining Behavioral And Neurochemical Effects Of Passive Exposure To Aggression On Observers, Hideo Suzuki

Dissertations

Previous studies have consistently reported that passive exposure to aggression is a risk of aggressive inclinations for a human witness. However, it is unclear whether a witness' aggressiveness is semi-permanently socialized or temporarily primed. Furthermore, a neurochemical mechanism of passive exposure to aggression also remains unaddressed in clinical literature. The present research used a rat model to clarify the behavioral and neurochemical effects of passive exposure to aggression. First, rats were screened for their aggressiveness after they were acutely or chronically exposed to aggression or non-aggression. It was found that observer rats chronically exposed to aggression exhibited more aggression than …

Philo Of Alexandria's Exposition Of The Tenth Commandment, Hans Svebakken

Dissertations

As part of a larger exposition on the Ten Commandments, Philo offers in Spec.4.78b-131 a detailed exposition of both the Tenth Commandment, which he reads simply as "You shall not desire," and the Mosaic dietary laws, which he identifies as a distinct set of subsidiary laws designed to promote observance of the Tenth Commandment. Setting his exposition in the context of Middle-Platonic moral psychology, this dissertation answers two fundamental questions: First, what, in Philo's view, does the Tenth Commandment prohibit? (All desire? A certain type? What type?) Second, how, in Philo's view, is the Tenth Commandment observed? (What are the …

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

Papyrology On The Threshold Of A New Millennium, James G. Keenan

Classical Studies: Faculty Publications and Other Works

Papyrologists have met internationally as a group since 1930. Following various complications, including a meeting planned for Vienna for 1939 but never held and, of course, the devastating intrusion of World War II, a custom of triennial meetings was established. Recent meetings have been larger than the early ones, with more participants, more papers, and correspondingly bigger proceedings (cf. BASP 39 [2002] 213-227 on the 1998 congress in Florence). At Vienna in 2001 there were 281 registered participants. The program featured nine specially invited keynote speeches, 126 standard-length papers, and three workshops (with fourteen workshop presenters in all).

Egypt’S “Special Place”, James G. Keenan

Classical Studies: Faculty Publications and Other Works

Paper questioning scholarly views on Egypt's peculiarity in the Greco-Roman world.

Second Life, Video Games, And The Social Text, Steven E. Jones

English: Faculty Publications and Other Works

Instead of being a world apart from material reality, the virtual world Second Life is intertwined with larger trends associated with Web 2.0 and the "eversion" of cyberspace. A number of recent scholars have begun to explore the relation of textual studies and video games. Games represent sophisticated ideas of what it means to enable on a digital platform the dynamic, networked, collaborative construction of the social text, broadly conceived. A game space is not an infinite virtual reality, but is instead a possibility space in multiple dimensions. Videogames offer humanists serious models for potential networked events of their own—embodied, …

Teachers' Discourse On English Language Learners: Cultural Models Of Language And Learning, Amy Heineke

Education: School of Education Faculty Publications and Other Works

This qualitative case study explores teacher learning about English language learners (ELLs) in a small-group, school-based context at an urban elementary school inArizona. Sociocultural perspectives on teacher learning guided the analysis of teachers’ participation in a teacher study group over six months. The teacher study group aimed to support educators of ELLs at a time of new language policy implementation, which required ELLs to enroll in an English language development (ELD) classroom for four hours of skill-based English language instruction.

In the first semester of language policy implementation, I collected discursive data that showcased the social interaction of teachers and …

The Art Of Trinitarian Articulation: A Case Study On Richard Of St. Victor's _De Trinitate_, Todd D. Vasquez

Dissertations

Richard of Saint Victor deliberately constructs his treatise De Trinitate with trinitarian structures to sustain the hearts and shape the minds of his readers with the contemplation of the Trinity. His work fits within a genre of writing in the Middle Ages where the formation of the theological apprentice was at the heart of crafting one’s theological work. The dissertation consists of three sections: Section I, “Introduction & Background,” establishes the context for the thesis. Chapter one fits Richard’s De Trinitate within the theological heritage of Augustine and Anselm of Canterbury. Chapter two describes aspects of the liturgical and educational …

A Study Of The Leadership Of High-Poverty, High-Performing Schools Through The Lens Of Moral Leadership, Scott David Fech

Dissertations

This study examines the leadership of principals who work in schools which have been identified as having a large student population living in poverty and have a record of sustained academic success as measured on standardized tests. The goal of this study was to identify which sources of authority these principals demonstrate in these high-poverty, high-performing (HP HP) schools where students achieve at higher levels than expected. Another goal of this study was to identify commonalities in leadership style and traits, which would include the concepts of moral leadership, among these principals in HP HP schools. This study used Thomas …

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 …

Comparison Of The Compositional Proclivities Of The Complete Genomes Of Plasmodium Falciparum And Human, April Williams, Yuriy Fofanov, Catherine Putonti

Bioinformatics Faculty Publications

Pathogens and hosts have a dynamic relationship, one that is ever changing at the molecular level - the pathogen influencing the evolutionary path of the host and the host influencing the evolutionary path of the pathogen. The pathogen’s adaptation to a particular host could serve several purposes, e.g. to mimic the host to avoid detection, to take advantage of the host’s cellular machinery, to increase virulence, etc. Recognizing these adaptations is far from trivial, particularly when the size of the pathogen’s and host’s genomes differ by orders of magnitudes. Novel algorithms and data structures have been developed in our laboratory …