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Conflict Of Laws In Massachusetts, Part I: Current Choice-Of-Law Theory, Joseph W. Glannon, Gabriel H. Teninbaum

Suffolk University Law School Faculty Works

This article is a survey of conflict of laws principles in Massachusetts. It explains the historical and current Massachusetts approach to conflict of laws issues, and then applies that methodology to a variety of substantive and procedural topic areas. It concludes with recommendations for ways that Massachusetts courts can improve their analysis of these problems to promote fair and consistent outcomes.

Executing The Death Penalty: International Law Influences On United States Supreme Court Decision-Making In Capital Punishment Cases, Russell G. Murphy

Suffolk University Law School Faculty Works

No abstract provided.

Constitutional Kabuki: Fidelity And Opportunism In The Foreign Law Debate, Eric Blumenson

Suffolk University Law School Faculty Works

This essay, part of a symposium on the use of foreign cases in domestic adjudication, explores the reasons the Supreme Court’s occasional citation of foreign cases has spawned vociferous opposition from some judges, politicians, and commentators. The essay offers a brief taxonomy of the jurisprudential criticisms lodged against the practice, observes that they have been deployed selectively, and concludes that the opportunistic use of these criticisms may demonstrate that they are often deployed as stand-ins for a different and more political concern - namely, how the United States should respond to a new global culture that deems national law subordinate …

Analysis Of Achievement For Understanding Geometry, Annita W. Hunt

Proceedings of the Annual Meeting of the Georgia Association of Mathematics Teacher Educators

The purpose of this study was to investigate the effectiveness of a mathematics professional development course. More specifically, in this study we examine whether geometric experiences have an impact on level of performance in mathematics. The van Hiele (Fuys, D., Geddes, D., & Tischler, R., 1988) model of geometric understanding provided a research framework from which to view geometric understanding. This model suggests five levels of understanding that should be taken into consideration when examining levels of geometric thinking: Visual, Descriptive/Analytic, Abstract/Relational, Formal Deduction/Proof, and Rigor. The sample under study was three cohorts of practicing elementary teachers and mathematics coaches …

Risks, Rents And Regressivity Revisited, Reuven S. Avi-Yonah

Articles

This article seeks to survey the debate in the United States about whether the tax base should be income or consumption, and then focus on some recent arguments that have been made in favour of a consumption tax. In the author's opinion, none of these arguments are convincing, and he would favour adopting a consumption tax in addition to, and not in lieu of, the existing income tax.

Reconsidering The Taxation Of Foreign Income, James R. Hines Jr.

Articles

The purpose of this Article is to analyze the consequences of taxing active foreign business income,1 and in particular, to compare a regime in which a home country taxes foreign income to a regime in which it does not. In practice, countries typically do not adopt such extreme policy positions. For example, a country such as France, which largely exempts foreign business income from taxation, nevertheless taxes small pieces of foreign income;2 and a country such as the United States, which attempts to tax the foreign incomes of U.S. corporations, permits taxpayers to defer home country taxation in some circumstances, …

The Politics Of Intellectual Property, Jessica D. Litman

Articles

In May 2005, Keith Aoki invited me to participate on a panel on "The Politics of Copyright Law" at the 2006 Association of American Law Schools ("A.A.L.S. ") mid-year meeting workshop on Intellectual Property in Vancouver, British Columbia. The panel, renamed "The Politics of Intellectual Property," and moderated by Keith, included talks by Justin Hughes, Mark Lemley, Jay Thomas, and me, and it was followed by three concurrent sessions on "The Politics Concerning Moral Rights," "The Politics of Global Intellectual Property, " and "The Politics of Patent Reform." I'm not sure what the organizing committee had in mind when it …

The Copyright Revision Act Of 2026, Jessica D. Litman

Articles

As someone who teaches and writes about copyright law, I end up straddling two different worlds. On the one hand, I really do need to understand and be able to teach the details of the copyright statute and the case law construing it. My students need to know the difference between a public performance right under Section 106(4) and a public performance right by digital audio transmission under Section 106(6); they need to know the difference between the statutory licenses available under Section 114 and the statutory licenses available under Section 115.' So, I need to have all of those …

I Remember Professor Wechsler, Yale Kamisar

Articles

This year marks the one hundredth anniversary of the birth of Professor Herbert Wechsler, one of the greatest criminal law scholars in American history. When I first met Professor Wechsler (in the spring of 1951, in my first year of law school), I was struck by how old he seemed at the time and how young he actually was (forty-two). One reason he appeared to be much older than his age was that he was such a stem, imposing figure. Another reason was that he had already accomplished so much. At the age of twenty-eight, he had co-authored (with his …

How Much Does It Matter Whether Courts Work Within The "Clearly Marked" Provisions Of The Bill Of Rights Or With The "Generalities" Of The Fourteenth Amendment?, Yale Kamisar

Articles

We know that it really mattered to Justice Hugo Black. As he made clear in his famous dissenting opinion in Adamson v. California] Black was convinced that the purpose of the Fourteenth Amendment was to apply the complete protection of the Bill of Rights to the states.2 And, as he also made plain in his Adamson dissent, he was equally convinced that working with the "specific" or "explicit" guarantees of the first Eight Amendments would furnish Americans more protection than would applying the generalities of the Fourteenth Amendment.3

The Superfund Cost Allocation Liability Conflicts Among The Federal Courts, Steven Ferrey

Suffolk University Law School Faculty Works

Seldom in judicial history does the Supreme Court decide a case where it can, let alone will, reverse the standing precedent articulated by essentially every federal judicial circuit court across the nation. Eleven federal circuits, one after the other in a compressed period, barred the use of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cost recovery by most plaintiffs. This, coupled with the practical result of the 2004 Supreme Court decision in Cooper Industries v. Aviall Services, Inc., greatly discouraged voluntary remediation activities at many of the 450,000 contaminated sites in the United States. …

Secondary Traumatic Stress: The Hidden Trauma In Child And Youth Counsellors, Michelle Linda Bloom

Theses and Dissertations (Comprehensive)

The current research study was conducted to establish evidence based research identifying Secondary Traumatic Stress (STS) in Child and Youth Counsellors (CYCs). 161 CYCs participated in an online survey responding to both demographic questions and Bride’s (1999) Secondary Traumatic Stress Scale (STSS). Data analysis included both descriptive and inferential testing. Scoring of the STSS revealed that 66.1% of the CYCs sampled experienced some level of STS. The overall mean score is 33.65 suggesting that CYCs experienced a mild level of STS. An independent group t-test indicated that CYC’s who were exposed to children and youth’s traumatic experience 1 to 3 …

The Influence Of Concurrent Visual Feedback During Treadmill Training In Parkinson’S Disease, Rose Ellen Johnston

Theses and Dissertations (Comprehensive)

Walking is an exercise that has been thought to benefit Parkinson’s disease (PD). In a laboratory setting treadmills have been employed to successfully improve certain aspects of gait in PD (Cakit et al., 2007, Fisher et al., 2008, Herman et al., 2007, Miyai et al., 2000, Miyai et al., 2002, Pohl et al., 2003). Research has also indicated that walking with visual cues can improve aspects of gait that are impaired in PD (Azulay et al., 1999, Bagely et al., 1997, Nieuwboer et al., 2007), however, the integration of visual cues and treadmill training has yet to be studied. Thus, …

Internal And External Triggers For Action, Shannon Matkovich

Theses and Dissertations (Comprehensive)

When the self paced preparation of an action is interrupted by a stimulus prompting the same motor response there is an increase in the reaction time to the stimulus as compared to an external or simple reaction time (SRT) condition (Obhi & Haggard, 2004). Previous studies have suggested that this cost is not attributable to perceptual or attentional factors. Therefore, to investigate the source of this RT cost we varied the motor demands of movements in Experiments one and two. Results indicated that the level of motor programming demands did not influence the RT cost in these experiments. While RTs …

Applications Of New Diffusion Models To Barrier Option Pricing And First Hitting Time In Finance, Keang Ly

Theses and Dissertations (Comprehensive)

The main focus of this thesis is in the application of a new family of analytical solvable diffusion models to arbitrage-free pricing exotic financial derivatives, such as barrier options. The family of diffusions is the so-called “Drifted Bessel family” having nonlinear (smile-like) local volatility with multiple adjustable parameters. In particular, the drifted Bessel-K diffusion is used to model asset (stock) price processes under a risk-neutral measure whereby discounted asset price are martingales.

Closed-form spectral expansions for barrier option values are derived within the Bessel-K family of models. This follow from the closed-form spectral expansions for the transition probability …

Exploring The Reintegration Process For Child Soldiers: A Case Study Of Young Women And Their Children In Northern Uganda, Allison N. Martin

Theses and Dissertations (Comprehensive)

Child soldiering has occurred throughout history in the never-ending battle over land, resources and human rights. The earliest mention of minors in war comes from antiquity however it was not until the 1970s that the first international convention came into effect in an attempt to limit the participation of children in armed conflict (Wikipedia, 2009b). Unfortunately, children remain active in armed conflicts around the world as combatants, porters, spies, messengers, sex slaves and human shields. Human Rights Watch (2007) estimates that 200,000 to 300,000 children are currently serving in rebel and government forces in over 20 countries around the world. …

Non-Biological Caregivers’ Experiences Of Fetal Alcohol Spectrum Disorder (Fasd) Support Groups, Sharon Porty

Theses and Dissertations (Comprehensive)

Caregivers of children with Fetal Alcohol Spectrum Disorder (FASD) are an extremely valuable resource, and supporting a stable and nurturing home environment may be the most achievable intervention to improve the child’s prognosis. Very little research has been done to explore effective interventions that focus on the FASD caregiver, rather than the child, for the purposes of preventing caregiver burnout and placement breakdown. The central purpose of this study is to explore non-biological parent caregivers’ experiences of FASD caregiver support groups in order to capture a better understanding of the value of this resource as one part of a continuum …

A Systems Theory Examination Of Factors Related To Inclusive Attitudes Towards Newcomers And Racial Minorities, Shannon A. Veurink

Theses and Dissertations (Comprehensive)

The purpose of this study was to examine the relationship between certain social aspects of education and community experiences and how they relate to inclusive attitudes towards ethnic and racial minorities. A self-report, internet hosted survey was administered (N=672) in order to assess participants’ Attitudese Towards Immigration and Tolerance, as well as their educational and community-based experiences. Correlation and regression testing was completed to examine the relationships between education and community system experiences and inclusiveness. The findings of this study support the notio that experiences occurring within various social systems relate differently with inclusive attitudes. Implications and future research directions …

Voices Of Anorexia Uncovered: The Healing Journey Unveiled, Elisha Van Harte

Theses and Dissertations (Comprehensive)

Eating disorders have the highest mortality rate of any psychiatric illness. The current rate of anorexia nervosa is 1% in North America, representing approximately three million cases. Consequently, this illness has attracted a growing body of research and treatment. Current research in the field has focused primarily on the etiology of the illness. Furthermore, outcome studies are primarily quantitative in nature and have indicated that there is no treatment modality that consistently results in longitudinal recovery. What appears to be absent from the literature is the exploration of the recovery process from the perspective of those who have recovered. The …

Event Syntax And Event Semantics As Constraints On Availability Of Discourse, Raymond B. Becker

Theses and Dissertations (Comprehensive)

The understanding of how temporal information constrains situation models is far from complete. In tehse two experiments participants read short stories, where the antecedent sentence was manipulated with respect to varying tense, grammatical and lexical verb aspect (Experiment 1), and then by varying grammatical and lexical verb aspect in conjunction with long and short duration events (Experiment 2). We used electrophysiological measures time-locked to the anaphoric referent to investigate how the brain responds to these temporal constraints. The purpose was to investigate teh possibility that these variables have an influence on the availability of discourse concepts in situation models. In …

Effects Of Estrogen Receptor Activation On Post-Exercise Muscle Satellite Cell Proliferation, Kareem Bunyan

Theses and Dissertations (Comprehensive)

This study investigated the role of estrogen receptor activation on total and proliferating satellite cells following running exercise in rats, by using an estrogen receptor-alpha (ER-α) specific agonist, 4,4,4 (4-Propyl-[1H]-pyrazole-1,3,5-triyl) trisphenol (PPT). PPT is the first ER-α specific agonist (Stauffer et al 2000) which binds the ER-a subtype with a 410-greater affinity than ER-β (Stauffer et al 2000). Previous studies have demonstrated that estrogen can augment muscle satellite cell numbers following exercise (Enns and Tiidus, 2008) and that this augmentation may be due to mechanisms activated via estrogen receptors that can influence total, proliferating, and differentiating satellite cell numbers (Enns …

A Study Of The Waterborne And Dietary Toxicityof Cadmium To Hydra Attenuata And Daphnia Plux In Soft Waters And The Development Of Biotic Ligand Models To Predict Such Toxicity, Matthew S.A. Clifford

Theses and Dissertations (Comprehensive)

The goal of this thesis was to compare the effects of waterborne Cd exposures and dietary Cd exposures to Hydra attenuata. Before the Hydra could be exposed to dietborne exposures of Cd, the effects of waterborne exposures had to be understood. This was done by looking at the sensitivity of D. pulex to Cd and then understanding the accumulation of Cd. After bioaccumulation patterns of Cd. to D. pulex were known, we could then feed the prey to the Hydra and comapre the effects to waterborne effects of Cd to Hydra.

To understand the waterborne effects of Cd to …

The Sexual Health Education Experiences And Needs Of Immigrant Women In Kitchener-Waterloo, Stefani Burosch

Theses and Dissertations (Comprehensive)

In Canada, the sexual health education needs of individuals beyond their adolescent years are often overlooked. For immigrant women, silences around issues of adult sexual health are compounded by the perception of mystery and taboos surrounding minority women and sexuality. In exploring the experiences and needs of adult immigrant women related to sexuality and sexual health education in Kitchener-Waterloo—two mid-size cities located within the Waterloo Region in southern Ontario—this study sought to create space for dialogue and to bridge the perceived cultural divide on issues of sexual health that often arises between individuals from different cultural backgrounds.

Using a qualitative …

Inuit Qaujimajatuqangit And Adaptive Co-Management: A Case Study Of Narwhal Co-Management In Arctic Bay, Nunavut, Aaron T. Dale

Theses and Dissertations (Comprehensive)

Since 2001 the community of Arctic Bay, located on north-western Baffin Island, in Nunavut, Canada, has been experimenting with a new approach to narwhal management—‘community-based’ narwhal managemet. The new management system has developed some decision-making powers to the local Hunters’ and Trappers’ Organization, who are empowered/required to draft by-laws to govern the hunt. Community-based narwhal management links local, regional, territorial, and national actors and agencies in a co-management arrangement that draws its powers from, and is steered by, the Nunavut Final Agreement (1993), the comprehensive land claims agreement between the Inuit of Nunavut and Her Majesty the Queen in Right …

Assessing Tangible Support Efforts In English Canadian Christian Church Communities, Dana M. Friesen

Theses and Dissertations (Comprehensive)

This thesis was inspired by one family’s need for support and how it came to be expressed and negotiated within their faith community. The purpose of this study was to survey English-speaking, Christian congregations across Canada in order to discover the range of tangible social supports available to congregants. Tangible supports were defined as practical (i.e. acts of service), material, and social/emotional support. An important component in this study was to identify strengths and gaps in the development and mobilization of congregational supports, as expressed by church leaders. Another important aspect included the exploration of church leaders’ and their congregations’ …

Leaders In Conflict: Diefenbaker, Kennedy, And Canada’S Response To The Cuban Missile Crisis, Matthew Gurney

Theses and Dissertations (Comprehensive)

While the Cuban Missile Crisis has received a tremendous amount of attention from American scholars, in Canada the historiography concerning the Crisis is quite limited, with few monographs devoted to it. Typically the Crisis might receive a few pages of attention, perhaps a chapter in a book concerned with other topics. This historiographical “blind spot” has allowed misconceptions concerning Canada’s diplomatic and military participation in the Crisis to persist in this country’s collective memory of the Crisis, which is a disservice not only to Canada’s national heritage, but to the thousands of men and women who strove to prepare Canada …

Using Chemical, Optical And Biological Methods To Characterize Cu Complexation By Different Natural Organic Matter Sources Collected From Canadian Shield Waters, Keegan Andrew Hicks

Theses and Dissertations (Comprehensive)

The effects of natural organic matter (NOM) source on Cu complexation were characterized chemically, optically and biologically in soft waters. NOM from different Canadian Shield soft water lakes were concentrated using reverse osmosis and for comparison NOM was also sampled from a hard water source. NOM complexation capacity was assessed directly in Cu spiked solutions (with and without additions of NOM) by measuring free Cu activity using an ion selective electrode. Additional chemical and optical characterizations of NOM included specific absorbance coefficient (SAC; at 340 nm), excitation-emission matrix spectroscopy, protein content, and molecular weight fractionation (fraction of DOCkDa). The biological …

Piecing Together The Puzzle Of Autism: Aspects Of Its Effects On Children With The Condition And Their Caregivers, Roula Markoulakis

Theses and Dissertations (Comprehensive)

As one of the most prevalent developmental disorders, extensive research exists concerning Autism Spectrum Disorders (ASD). However, gaps are still evident in a number of areas. Information pertaining to any costs and benefits associated with the experience of caring for a child with autism is inadequate. In Study 1, the lived experiences of married female primary caregivers of children with autism were explored, specifically by examining the costs and benefits of caregiving and its influence on the women’s situations. Furthermore, motor control deficits are apparent in many children with high functioning autism (HFA) and Asperger syndrome (AS), but need to …

Religious Tourism In Roman Greece, David James Stark

Theses and Dissertations (Comprehensive)

In recent years, Roman travel and tourism has become a focus of scholarship. Most of the scholarship however has focused either on religious travel through studies of pilgrimage or on secular travel through studies of tourism. Many tourism scholars however have begun to recognize that the differences between what is a tourist and what is a pilgrim is not as large as was once thought. These scholars have coined a new term, the religious tourist, to describe those travelers who seem to bridge the gap between the traditional definition of a pilgrim and the traditional definition of a tourist. Through …

The Relationship Between Socioeconomic Status And Physical Activity Among Adolescents, Meredith Laurel Stockie

Theses and Dissertations (Comprehensive)

Background: Many Canadian youth are inactive (Active Healthy Kids Canada, 2009). Socioeconomic status (SES) is one factor that influences youth physical activity (PA) levels; however, the factors involved in this relationship are not well understood. Given that numerous quantitative studies suggest there is a positive relationship between SES and PA among adolescents, but offer little insight into why the given relationship exists, the purpose of the current thesis is to study the factors that influence the relationship between SES and PA among youth aged 12–14 years through a qualitative lens.

Methods: Low (n = 2) and high SES (n = …