Digital Commons Network^™

The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott

Articles

In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …

In Memoriam: David P. Leonard, Richard D. Friedman

Articles

In all significant respects but longevity, David Leonard was - and I am confident that he believed himself to be - a lucky man. Saddened as I am that our association was cut so terribly short, I feel lucky that we had it for as long as we did. And I am sure that his family, his students, his colleagues, and those in the wider legal world who were graced not only by his wisdom but also by his essential goodness, feel the same way.

Agency Hygiene, Nicholas Bagley

Articles

Prof. Bagley notes that reshaping captured agencies using the structural reforms suggested by Prof. Barkow may be politically infeasible and offers an alternative solution for eliminating interest-group capture. First, he suggests establishing a body within the Executive Branch that proactively investigates and documents capture dynamics. Second, he suggests creating legislative mechanisms that will encourage Congressional action on the body’s recommendations, and perhaps, more provocatively, requiring the Executive Branch to enact any such recommendations in the absence of Congress’s formal objection.

Two Masters, Carl E. Schneider

Articles

American government rests on the principle of distrust of government. Not only is power within the federal government checked and balanced. Power is divided between the federal government and the state governments. So what if a state law conflicts with a federal law? The Constitution says that the "Constitution, and the Laws of the United States ... shall be the supreme Law of the Land; ... any Thing in the ... Laws of any State to the Contrary notwithstanding." Sometimes the conflict between federal and state law is obvious and the Supremacy Clause is easily applied. But sometimes ...

Examining Racial Ethnic Socialization, Ethnic Identity Development, And Their Psychological Correlates In A Sample Of Ethnically Diverse Youth, Denada Hoxha

Dissertations

Research on racial ethnic socialization experiences among ethnically diverse youth from their perspective is limited. Additionally, little is known about the relationship between specific racial ethnic socialization messages and positive youth outcomes such as subjective well-being. This study sought to examine the prevalence of specific types of racial ethnic socialization messages in a group of ethnically diverse high school students. The study also examined the role of preparation for bias and cultural socialization messages on youth's ethnic identity development and private group esteem. The study also examined the mediating role of ethnic identity and self-esteem in the relationship between racial …

Editors’ Introduction, Glenn Hartelius

International Journal of Transpersonal Studies

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An Investigation Of The Relationships Among Self-Construal, Emotional Intelligence, And Well-Being, Constance A. Mara, Teresa L. Decicco, Mirella L. Stroink

International Journal of Transpersonal Studies

This study aims to further investigate the convergent validity of the recently-proposed

metapersonal model and measure of self-construal, and to emphasize the discriminant

validity of the metapersonal self-construal as a distinct construct, capturing a unique aspect

of self-construal separate from either interdependent or independent aspects. The study

looked at two questions: (1) Does the metapersonal self-construal predict higher emotional

intelligence? (2) Do those who have higher metapersonal self-construal scores also report

greater well-being? A group of 212 undergraduate students was assessed using a self-construal

scale that includes the new measure of metapersonal self-construal, along with scales

measuring emotional intelligence and …

The Self And The Great Chain Of Being: Interview With Robert Bolton, Samuel B. Sotillos

International Journal of Transpersonal Studies

NA

The Grofs’ Model Of Spiritual Emergency In Retrospect: Has It Stood The Test Of Time?, Darlene B. Viggiano, Stanley Krippner

International Journal of Transpersonal Studies

The purpose of this essay is to review the Grofs’ model of spiritual emergencies. The authors

ask: Has the model been useful for identifying and treating psycho-spiritual distress? Should

it be amended? Spiritual emergency can be defined as a crisis involving religious, transpersonal,

and/or spiritual issues that provides opportunities for growth. Spiritual emergence, meanwhile,

lends itself to gentler transformation. The research methods include an archival literature

review triangulated with an authoritative interview. The findings are that the Grofs’ model

of spiritual emergencies was ahead of its time and that the medical establishment needs to

catch up. Adaptations and revisions that …

Book Reviews

International Journal of Transpersonal Studies

No abstract provided.

Relational Spirituality, Part 1 Paradise Unbound: Cosmic Hybridity And Spiritual Narcissism In The “One Truth” Of New Age Transpersonalism, Gregg Lahood

International Journal of Transpersonal Studies

Cosmological hybridization, a process in which spiritual paradises are bound together, is

highly active in American religious culture. Beginning with an early Christianized version of

the Buddha, this religious Creolization gathered speed after WWII and peaked during the

Vietnam War, leading to a complex spiritual revolution in which transcendence became an

all important orientation. This revolution set the scene for the emergence of a non-relational

transpersonal psychology in which Americanized nondualism gained ascendency. It is argued

here that popular New Age transpersonalism traps the spirit, breeding a self-serving, Selfas-

everything form of spiritual narcissism. Given that some are calling the …

Relational Spirituality, Part 2 The Belief In Others As A Hindrance To Enlightenment: Narcissism And The Denigration Of Relationship Within Transpersonal Psychology And The New Age, Gregg Lahood

International Journal of Transpersonal Studies

The aim of this paper is to tease out from the New Age religion and religious transpersonal psychology a more relational spirituality. Humanistic and transpersonal psychologies were important forces in the emergence of the social phenomenon of the New Age. New Age transpersonalism leans toward a restrictive non-relational spirituality because of its historical affirmation of individualism and transcendence. Relational spirituality, which is central to the emerging participatory paradigm, swims against strong and popular currents in New Age transpersonal thinking which tend to see spirituality as an individual, personal, inner pursuit, often into Eastern/Oriental nondualism. Whatever the merits of impersonal Advaita …

Transpersonal And Other Models Of Spiritual Development, Harris Friedman, Stanley Krippner, Linda Riebel, Chad Johnson

International Journal of Transpersonal Studies

This chapter focuses on exploring various models of spiritual development. It first addresses

philosophical dilemmas underpinning the concept of spiritual development by questioning

whether these can be addressed without metaphysical assumptions embedded in religious

worldviews and thus understood in any consensual way across different historical and

cultural contexts. Traditional models of spiritual development are then reviewed, drawing

from indigenous, Eastern, and Western cultures. Integrative-philosophical and scientific

models, including those from the psychology of religion, transpersonal psychology, and

neurobiology, are then presented. The chapter concludes by noting the complexities involved

in understanding spiritual development accompanied by suggestions on future directions

for …

Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane

Articles

The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …

Uncovering Medical And Mental Health Professionals' Decision-Making In The Treatment Of Trans-Variant Patients, Jodie M. Dewey

Dissertations

This project is a study of medical and mental health professionals who treat trans-variant patients. Using in-depth interviews, I show how providers describe the process by which they make decisions with patients who desire, through formal means, to hormonally and/or surgically transition from one gender to the other. This work uncovers the ways professionals make decisions in the absence or limitation of formal knowledge while simulaneously attemping to ground their work in this same knoweldge to obtain respect and legitimacy. Professionals must also acknowledge that they relinquesh some power to patients to make decisions which involve high risk for them. …

An Experimental Study Of Executive Decision-Making With Implications For Decision Support, Terence T. Ow, James G. Morris

Management Faculty Research and Publications

Past research in the field of information systems has explored factors and conditions that are relevant to decision-making in many contexts. However, very little is known about how executives consider, weigh, and integrate these factors. One current school of thought holds that intuition and instincts can play a significant role and that when decision-makers use their instincts, they rely on only a relatively small subset of the cues available to them. This has implications for designing and improving decision support systems, which form a major and widespread element of modern organizational computing. We examine the decision-making policies of professional decision-makers. …

Cockroaches, Ryan S. Davis

All Current Publications

Cockroaches are one of the most difficult structural pests to eradicate because of their ability to hide, rapid reproduction, and resistance to and avoidance of many commonly used insecticide sprays and baits. Using an integrated pest management (IPM) program can greatly increase the possibility of successful control. There are 4 cockroach species that commonly infest structures in Utah, each with a specific biology; identify invading cockroaches before you develop an IPM plan. Proper identification of any pest will allow you to understand its biology, and use it against itself!

Do You Ask The Work Question?, Ag Rickard, L Tipping, L Westcott

School of Health Professions

No abstract provided.

Physical And Chemical Stability Of Cisplatin Infusions In Pvc Containers, Gj Sewell

School of Health Professions

Study objectives: To determine the extended chemical and physical stability of cisplatin infusions in PVC containers at normal in-use concentrations in saline, with and without added electrolyte combinations relevant to clinical practice. Methods: Cisplatin infusions 0.1-0.4 mg/mL were prepared in normal saline, with and without magnesium sulphate and potassium chloride supplements in 500 mL PVC bags, and stored at 25°C protected from light. Chemical stability was assessed by a stability-indicating LC method. Evidence for precipitation was detected by a light-blocking particle count method for sub-visible particles, supported by visual examination. pH and weight changes were also monitored for at least …

Assistive Technology Attrition: Identifying Why Teachers Abandon Assistive Technologies, Michael Edward Sharpe

CCAC Theses and Dissertations

The study surveyed a sample of K-12 teachers who had used assistive technology (AT) in the classroom to determine answers to five research questions. These were, (1) why the teachers adopted AT, (2) their attitudes and perceptions about its value, (3) challenges they have experienced in adopting AT, (4) whether they have discontinued or decreased use of AT, and, if so, (5) the factors that led to this result.

The study used both quantitative and qualitative methods. For the quantitative aspect, an online survey instrument was developed to answer five research questions. Participants were teachers who had used AT in …

Trust And Trustworthiness: A Framework For Successful Design Of Telemedicine, James Robert Templeton

CCAC Theses and Dissertations

Trust and its antecedents have been demonstrated as a barrier to the successful adoption of numerous fields of technology, most notably e-commerce, and may be a key factor in the lack of adoption or adaptation in the field of telemedicine. In the medical arena, trust is often formed through the relationships cultivated over time via clinician and patient. Trust and interpersonal relationships may also play a significant role in the adoption of telemedicine. The idea of telemedicine has been explored for nearly 30 years in one form or another. Yet, despite grandiose promises of how it will someday significantly improve …

Physician Information Seeking Behaviors: Are Physicians Successful Searchers?, Janice Swiatek-Kelley

CCAC Theses and Dissertations

In the recent past, physicians found answers to questions by consulting colleagues, textbooks, and professional journals. Now, the availability of medical information through electronic resources has changed physician information-seeking behaviors. Evidence-based medicine is now the accepted decision-making paradigm, and a physician's ability to locate best practice guidelines through electronic information resources has become an essential skill. As physicians struggle to stay current in the wake of an ever-growing volume of medical information, several electronic resources claim to provide one-stop access to the most current information with correct and complete answers to problems encountered in the practice of health care. The …

Bioethics And Biosecurity Education In China: Rise Of A Scientific Superpower., Barr S. Michael, Joy Yueyue Zhang

Book Chapters

This chapter explores ethics, education and the life sciences in China. It is based on work conducted by the authors in two separate but complimentary projects. Barr’s observations derive from interviews and discussions in Beijing, Shanghai and Guangzhou with life scientists and policymakers in infectious-disease hospitals, university-research labs, the Chinese Academy of Sciences, and the Ministry of Health. Zhang’s study focused on China’s governance of stem-cell research and involved interviews with scientists, ethicists and policymakers at more than 25 sites across China. Below, we set the context by describing the role of science in China’s quest to become a leading …

A Child's Journey Through The Child Welfare System., Susan Badeau, Ann M. Haralambie, Donald N. Duquette

Book Chapters

Once a child is known to the government child welfare agency, the child and his or her family become subject to a series of decisions made by judges, caseworkers, legal representatives, and others-all of whom have an important role to play. A child may encounter dozens of other new adults, including foster parents, counselors, and doctors. Most children enter foster care when removed from their homes by a child protective agency because of abuse or neglect, or both. Others enter care because of the absence of their parents, resulting from illness, death, disability, or other problems. Some children enter care …

Otterbein Towers Winter 2010, Otterbein Towers

Towers Magazine

The extraordinary life of William Hanby; From slave to freedom crusader; Features: Let’s Fly One for the ’Bein: A remembrance of William “Arnie” Lamp Jr.; as told by fellow soldier, Robert “Bud” Warner; William Hanby — An Extraordinary Life; Regulars: College News: Chinese Scientists Study Otterbein Lake; Fulbright Scholar Returns from Montenegro; Prof. of English has big hit in Bollywood; Center for Global Engagement Created; Student Named Franklin Co. Volunteer of the Year; Student Volunteers Connect with Seniors; 2010 Martin Luther King Jr. Convocation; New Head of Adult Learning Program Named; Spotlight on Faculty: Mary McKelvey; What’s New Online; Classnotes: …

Leveraging Asylum, James C. Hathaway

Articles

I believe that the analysis underlying the leveraged right to asylum is conceptually flawed. As I will show, there is no duty of non-refoulement that binds all states as a matter of customary international law and it is not the case that all persons entitled to claim protection against refoulement of some kind are ipso facto entitled to refugee rights. These claims are unsound precisely because the critical bedrock of a real international legal obligation-namely, the consent of states evinced by either formal commitments or legally relevant actions -does not yet exist.

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

Articles

The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …

Public Consensus As Constitutional Authority, Richard A. Primus

Articles

Barry Friedman's new book The Will of the People attempts to dissolve constitutional law's countermajoritariand ifficulty by showing that, in practice,t he Supreme Court does only what the public will tolerate. His account succeeds if "the countermajoritarian difficulty" refers to the threat that courts will run the country in ways that contravene majority preference, but not if the "the countermajoritarian difficulty" refers to the need to explain the legitimate sources of judicial authority in cases where decisions do contravene majority preference. Friedman's book does not pursue the second possibility, and may suggest that doing so is unimportant, in part because …

Depressive Symptoms In Women Being Screened For Cardiovascular Disease Risk, Suzanne Marie Savoy

Dissertations

Background: Depressive symptomology is an independent risk factor for cardiovascular disease. Over 15% of persons with cardiovascular disease have depressive symptoms, and women are twice as likely to experience these symptoms as men. Depressive symptoms in women “ at risk ” for cardiovascular disease has not been well studied.

Purpose: This study investigated the relationship between depressive symptoms, health-promoting lifestyle behaviors, heart disease risk awareness, cardiac risk, and quality of life in women at risk for cardiovascular disease. Whether the effect of depressive symptoms on quality of life was mediated by cardiac risk and/or health-promoting lifestyle behaviors was also examined. …

What Does Graham Mean In Michigan?, Kimberly A. Thomas

Articles

In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.