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2010

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Analysis Of Concussion Management Policies And Procedures Among Athletic Trainers In The Four Divisions Of Ncaa Collegiate Football, James D. Dorneman Jr. Jan 2010

Analysis Of Concussion Management Policies And Procedures Among Athletic Trainers In The Four Divisions Of Ncaa Collegiate Football, James D. Dorneman Jr.

Graduate Theses, Dissertations, and Problem Reports (ETD)

Context. Cerebral concussions are a common injury in the sport of football. To evaluate, manage, and make return to play decisions for concussions, the sports medicine community has access to various protocols. These various protocols recommend a multifaceted approach to accurately diagnose and treat athletes with concussions, but it is questioned whether this occurs. Objective. To investigate current trends of head football certified athletic trainers in concussion evaluation, management, and return-to-play. The secondary purpose of this study was to examine head football athletic trainers use of the NATA position statement as it pertains to evaluation, management, and return-to-play. Design. This …


Ergonomic Evaluation Of Block Lifting Tools On Biomechanical Stresses To Masons, Meng Han Jan 2010

Ergonomic Evaluation Of Block Lifting Tools On Biomechanical Stresses To Masons, Meng Han

Graduate Theses, Dissertations, and Problem Reports (ETD)

Masonry has very high incidence rate of all construction trades for injuries with lost workdays due to overexertion involving lifting in the USA. An increasingly frequent masonry task is the construction of retaining walls for landscaping purposes, whereas retaining wall blocks typically weigh 80 pounds or more, and are oddly shaped with poor hand coupling. Due to the extreme weight of the blocks and poor hand coupling, workers are often required to use awkward postures and jerking motions during the lift and place of the block. As a result of these challenges associated with manipulating these blocks by hand, tools …


Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn Jan 2010

Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn

Faculty Scholarship

This Article discusses the problematic issues arising from proposed religious exemptions to equal marriage statutes. In the Author's view these exemptions would create the societal framework in which lesbians, bisexuals, and gay men can be refused service in virtually all aspects of life, whether fundamental or mundane—from healthcare to housing, from employment to flower-buying. This would all be accomplished with the express permission of the state. The Author believes that these proposals could permit widespread discrimination on a multitude of protected bases. The proposals appear to have been crafted to seize on cultural and religious anxiety and fears concerning same-sex …


Stratification Of The Welfare Poor: Intersections Of Gender, Race & "Worthiness" In Poverty Discourse And Policy, Bridgette Baldwin Jan 2010

Stratification Of The Welfare Poor: Intersections Of Gender, Race & "Worthiness" In Poverty Discourse And Policy, Bridgette Baldwin

Faculty Scholarship

This Article analyzes the historical, cultural and legal treatments and representations of poor black women from Progressive Era philanthropic aid to early "work-to-welfare" reform protocol. When black women serve as the case study for a larger examination of social policy issues we see that welfare was rarely meant to remedy the structural crunch of poverty. Working class black women have been at the center of the construction of the poor and serve as the designation to determine which people deserve to be compensated for being poor.

Furthermore, the Author discusses both the ramifications and rationale of why the government never …


Race And Healthcare In America: Foreword, Barbara A. Noah Jan 2010

Race And Healthcare In America: Foreword, Barbara A. Noah

Faculty Scholarship

In all four of the articles that form this Symposium, the authors identify troubling disparities and injustices in our healthcare system and suggest strategies to ameliorate these problems. Sadly, the reforms of the Obama administration will probably do little to address these issues directly. The mandated insurance coverage requirement, for example, applies to U.S. citizens and legal residents, but not, unsurprisingly, to undocumented immigrants? Similarly, the legislation expands public programs but does nothing directly to support the burden of EMT ALA's unfunded mandate on hospitals. And, as the evidence has long demonstrated, insurance coverage alone fails to guarantee equal medical …


The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman Jan 2010

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Faculty Scholarship

This Article offers a new set of arguments for transgender equality based on a little-known series of cases in which courts declined to enforce cross-dressing laws against transgender defendants. As shown below, the arguments brought by the defenders of these laws closely mirror the arguments brought today in favor of bathroom discrimination. The Authors discuss both the bathroom and cross-dressing debates in historical context, draw out the underlying reasoning in the two sets of cases,and argue that the reasoning that supports bathroom discrimination is as flawed as the reasoning behind criminal cross-dressing laws. The analysis also suggests that, just as …


Pressure Ulcer Risk Factors For Patients With Hospital Versus Community Acquired Pressure Ulcers, Margaret Talley Phd, Mn, Rn, Cns, Cwcn-Ap Jan 2010

Pressure Ulcer Risk Factors For Patients With Hospital Versus Community Acquired Pressure Ulcers, Margaret Talley Phd, Mn, Rn, Cns, Cwcn-Ap

Dissertations

Purpose: Pressure ulcers are a major health problem in the United States. Patients who develop pressure ulcers have longer hospital stays, significant increase in morbidity and mortality, added pain and suffering. The purpose of this study was to examine community versus hospital specific pressure ulcer risk factors to identify whether the most severe pressure ulcer stages can be predicted from the knowledge of an individual's risk factors as has been reported in the literature. Methodology: The sample of patients with stageable III-IV and unstageable pressure ulcer patients included in the analysis was extracted from a Microsoft Access database developed by …


Factors Influencing The Decision Of High School Graduating Seniors In Corozal, Puerto Rico, To Pursue University Studies, Aned Yarelis Muñiz Gracia Edd Jan 2010

Factors Influencing The Decision Of High School Graduating Seniors In Corozal, Puerto Rico, To Pursue University Studies, Aned Yarelis Muñiz Gracia Edd

Dissertations

A university education has become a ticket out of poverty for persons living in highly competitive labor markets. Consequently, access to higher education and the factors that motivate university enrollment have long been studied. However, prior to this study, no noteworthy studies with a focus on high school students and their perceptions about higher education had been conducted in Puerto Rico. This lack of research is surprising because Puerto Rico has one of the world's most competitive job markets where a university degree can mean the difference between dependence on welfare and governmental assistance and a life of self-sufficiency and …


Five Supreme Court Cases Everyone Should Know, Ann K. Vaught Jan 2010

Five Supreme Court Cases Everyone Should Know, Ann K. Vaught

Honors Theses

Operating under the assumption that the average college student knows little to nothing about the Supreme Court and significant cases in the field of American constitutional law, the author hypothesizes that this ignorance is due not to an inability to understand the material, but an unwillingness on the part of the average student to expend the effort necessary to decipher the "legalese" of an average Supreme Court opinion. The author also hypothesizes that it is the high and lofty language of the opinions that generally disenchants the reader, and not the information itself. Therefore, as a means of testing this …


"My Kids And Wife Have Been My Life": Married African American Fathers Staying The Course, Loren Marks, Katrina Hopkins-Williams, Cassandra Chaney, Olena Nesteruk, Diane Sasser Jan 2010

"My Kids And Wife Have Been My Life": Married African American Fathers Staying The Course, Loren Marks, Katrina Hopkins-Williams, Cassandra Chaney, Olena Nesteruk, Diane Sasser

Faculty Publications

On the opening page of a recent edited volume titled Black Fathers in Contemporary American Society, Blankenhorn and Clayton (2003:1) ask, "Is any demographic fact more disturbing, more demanding of our collective attention, than the fact that the great majority of African American children do not live with their fathers?" However, they hasten to add some good news as well. The same page reads, conversely: "Is any demographic fact more hopeful, or more demanding of our collective encouragement, than the fact the proportion of African American children living with both of their biological, married parents, although still quite low, …


Person Of The Year: Barack Obama, The Joker, Capitalism, And Schizophrenia, Gerry Canavan Jan 2010

Person Of The Year: Barack Obama, The Joker, Capitalism, And Schizophrenia, Gerry Canavan

English Faculty Research and Publications

No abstract provided.


Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty Jan 2010

Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty

Maryland Law Review

No abstract provided.


Brown V. Hovatter: Announcing The Death Of Rights For Out-Of-State Parties In Fourth Circuit Dormant Commerce Clause Jurisprudence, Lauren C. Genvert Jan 2010

Brown V. Hovatter: Announcing The Death Of Rights For Out-Of-State Parties In Fourth Circuit Dormant Commerce Clause Jurisprudence, Lauren C. Genvert

Maryland Law Review

No abstract provided.


Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber Jan 2010

Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber

Maryland Law Review

No abstract provided.


Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders Jan 2010

Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders

Maryland Law Review

No abstract provided.


Diggs V. State: A Not-So-Plain Error? , Maggie T. Grace Jan 2010

Diggs V. State: A Not-So-Plain Error? , Maggie T. Grace

Maryland Law Review

No abstract provided.


On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin Jan 2010

On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin

Faculty Scholarship

Every now and then, our legal system interacts with the spirit world, whether by virtue of seances being used in establishing the defense in a criminal matter or being used by the prosecution to impugn the defendant, or because of the impact that ghosts may have on stigmatized property or by virtue of houses being built on cemeteries, like in the movie "Poltergeist." Our legal system has an uneasy relationship with the spirit world and this chapter in the book explores that relationship.


Regulating The Use Of Genetic Information: Perspective From The U.S. Experience, Pauline Kim Jan 2010

Regulating The Use Of Genetic Information: Perspective From The U.S. Experience, Pauline Kim

Scholarship@WashULaw

This essay comments on an empirical study documenting the policies, practices, and attitudes of Australian employers regarding the use of genetic information from the U.S. perspective. The U.S. Congress recently enacted the Genetic Information Nondiscrimination Act of 2008 (GINA), which, among other things, prohibits employment discrimination on the basis of genetic information and restricts employers’ access to their employees’ genetic information. Just as the Australian study found no evidence of systematic use of genetic testing or screening by employers, GINA was passed in the absence of any evidence of widespread employment discrimination on the basis of genetic characteristics. Although it …


Identification Of Issues Faced By Cancer Survivors, Kathy Sevedge Rn, Ma, Aocn Jan 2010

Identification Of Issues Faced By Cancer Survivors, Kathy Sevedge Rn, Ma, Aocn

Patient Care Services / Nursing

No abstract provided.


Can Group Visits Be Effective In Treating Mild-To-Moderate Depression? A Pilot Project, Kristann Heinz Md Jan 2010

Can Group Visits Be Effective In Treating Mild-To-Moderate Depression? A Pilot Project, Kristann Heinz Md

Patient Care Services / Nursing

No abstract provided.


The Unsettling ‘Well-Settled’ Law Of Freedom Of Association, John D. Inazu Jan 2010

The Unsettling ‘Well-Settled’ Law Of Freedom Of Association, John D. Inazu

Scholarship@WashULaw

This article argues that the Supreme Court’s categories of expressive and intimate association first announced in its 1984 decision, Roberts v. United States Jaycees, are neither well-settled nor defensible. These indefensible categories matter deeply to groups that have sought to maintain an unpopular composition and message in the face of antidiscrimination laws. These groups have been denied associational protections. They have been forced to change their composition - and therefore their message. They no longer exist in the form they once held and desired to maintain.

The Roberts categories of intimate and expressive association are at least partly to blame. …


Disputing Limited Liability, Christina L. Boyd, David A. Hoffman Jan 2010

Disputing Limited Liability, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

This project presents six years of hand-collected federal district court data to analyze the first representative sample of veil piercing litigation. Our method identifies veil piercing complaints through Westlaw's trial pleadings database and codes each case through a detailed examination of PACER records. We test a variety of hypotheses to understand how such litigations are resolved. We find that plaintiffs succeed quite often in veil piercing litigation, if success is defined as winning on motions that do not terminate a case. A variety of legal and extra-legal factors predict such interstitial veil piercing successes. Voluntary creditor causes of action promote …


Residual Voting In Florida, James Hicks, Paul Gronke, Charles Stewart Iii Jan 2010

Residual Voting In Florida, James Hicks, Paul Gronke, Charles Stewart Iii

Scholarship@WashULaw

The residual vote rate is a metric that can be used to evaluate the comparative performance of election systems, particularly voting technology and ballot design. If collected at the appropriate levels of disaggregation (county- or more preferably precinct-level) and by different modes of balloting (in person, absentee, and early voting), the residual vote rate can identify ways that voter demographics, voting technology, and the time and place of casting the ballot may influence varying levels of voting errors.

This report describes a project that examined the residual vote rates in the state of Florida’s 2008 presidential preference primary, taking advantage …


"Kneecapping" Academic Freedom, Robert R. Kuehn, Peter A. Joy Jan 2010

"Kneecapping" Academic Freedom, Robert R. Kuehn, Peter A. Joy

Scholarship@WashULaw

As universities increasingly seek to educate students through service learning courses, law school clinics may be the bellwether for determining if faculty’s traditional academic freedom of teaching will transcend the traditional classroom or be left at the classroom door. Recent legislative and corporate efforts to interfere in the operations of law clinics indicate that academic freedom is at risk when hands-on student learning bumps up against “real world” disputes. This article examines why attacks on law school clinics are a harbinger of how academic freedom is treated when it moves out of the classroom.

The authors discuss the role of …


Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy Jan 2010

Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy

Scholarship@WashULaw

The right of one charged with [a] crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impar-tial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with [a] crime has to face his accusers without a lawyer to assist him.

You can't give me too many cases, too many clients, …


Public Opinion, Cultural Change, And Constitutional Adjudication, Calvin R. Massey Jan 2010

Public Opinion, Cultural Change, And Constitutional Adjudication, Calvin R. Massey

Faculty Scholarship

No abstract provided.


Litigation Over Prison Medical Services, Aaron J. Rappaport Jan 2010

Litigation Over Prison Medical Services, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Brown, Teneille, And Emily Murphy. "Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Emily R. Murphy, Teneille R. Brown Jan 2010

Brown, Teneille, And Emily Murphy. "Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Emily R. Murphy, Teneille R. Brown

Faculty Scholarship

No abstract provided.


Refusals Of Conscience: What Are They And When Should They Be Accommodated?, Kent Greenawalt Jan 2010

Refusals Of Conscience: What Are They And When Should They Be Accommodated?, Kent Greenawalt

Faculty Scholarship

Approaching this subject as a decided nonexpert, I want to explore a number of questions about a right to conscience in respect to efusals to provide health-care services. My hope is that the questions will seem important and relevant, even if some of my tentative answers are controversial or even misguided.

It is helpful to distinguish three levels of analysis: 1) What would be an ideal scope for rights of conscience if we could put aside difficulties of administration and political feasibility? 2) What would be a desirable approach given administrative and political realities? 3) And in what rhetoric should …


A Multidisciplinary And Multimodal Approach To Catheter-Associated Urinary Tract Infections, Carolyn L. Davidson Rn, Phd Jan 2010

A Multidisciplinary And Multimodal Approach To Catheter-Associated Urinary Tract Infections, Carolyn L. Davidson Rn, Phd

Patient Care Services / Nursing

No abstract provided.