Digital Commons Network^™

All Bound Up With No Place To Go: A Lack Of Individual Alternatives To Binding Arbitration Provisions For Statutory Claims, Matthew Gierse

Journal of Dispute Resolution

For the greater part of the twentieth century, arbitration has played a large role in resolving disputes between unions representing employees and employers. However, during the past few decades, these employment contracts began to incorporate mandatory arbitration agreements for statutory discrimination claims, with at least one-fifth of all employees presently subject to mandatory arbitration. During this same period, courts began to broaden the ability of employees to waive their right to a judicial forum for statutory claims; Tewolde v. Owens & Minor Distribution is no exception. In 2009, the U.S. Supreme Court ruled for the first time that a union …

Arbitration Nation: While Arbitration Grows, Judicial Review Of Arbitral Awards May Be Shrinking, F. Shabnam Nouraie

Journal of Dispute Resolution

In Sands v. Menard, Inc., the Court of Appeals of Wisconsin upheld an arbitration award reinstating a discharged attorney to her position as in-house counsel. On appeal, the court refused to vacate the reinstatement order, notwithstanding the fact that reinstatement was not requested or desired by either party, the effect of reinstatement was likely to violate the ethical rules that bind attorneys, and other remedies were available to compensate the aggrieved party. This note explores the limited but important role that judicial review plays, and will continue to play, in arbitration and how this role affected the outcome of Sands …

Racism And Biopower, Ladelle Mcwhorter

Philosophy Faculty Publications

While ignorance, or at least a lack of clear and distinct experience, does not seem to have stopped our predecessors from philosophizing about all manner of things from matter to immortal souls, in the latter half of the twentieth century North American philosophers became increasingly timid about advancing propositions based primarily not on logic informed by material evidence but on intuition, creative imagination, and passionate desire. By the 1960s our generation's teachers and mentors, perhaps battered by the McCarthy years or humbled by the dazzling successes of their colleagues in the "hard" sciences, had redrawn the disciplinary boundaries tightly enough …

Racism, Eugenics, And Ernst Mayr’S Account Of Species, Ladelle Mcwhorter

Philosophy Faculty Publications

At his death at age one hundred in 2005, Ernst Mayr was hailed as the greatest evolutionary biologist of the twentieth century. His definition of species, published in 1942 in Systematics and the Origin of Species and known as the “biological species concept,” is familiar to every tenth grader: “Species are groups of interbreeding natural populations that are reproductively isolated from other such groups.” That definition, together with Mayr’s and Theodosius Dobzhansky’s theory of speciation, enabled the integration of modern genetics and Darwinian evolutionary theory. In this paper I will argue that it imported racism into the heart of modern …

Prolonged Injustice In Urban America, Jametta Magwood, Edith M. Williams, Saundra H. Glover

Faculty Publications

Environmental inequality is the suggestion that the working class, the poor, persons of color, and ultimately the economically disadvantaged are subjected to living conditions that may prove to be hazardous both personally, professionally, and also to the infrastructure of the urban communities that these people inhabit. These injustices affect not only housing but education, quality healthcare access, and access to employment. This article investigates the distinct relationship of environmental inequalities imposed in urban communities that are promoted by a prominent institution: the government. It has been suggested that the government is primarily controlled by individuals who are incapable of identifying …

Evaluation Of Testing And Implementation Of Evidence-Based Rn Bedside Swallow Screen For Dysphagia: A Clinical Practice Change, Edith Matesic

DNP Projects

Stroke patients initially experience dysphagia approximately 42 - 67% of the time with noted improvement reducing rates to approximately 43% at seven days post-acute event (Perry & Love, 2001). The dysphagia experienced by these patients makes them at high risk to develop aspiration pneumonia. Overall, the financial impact of reducing aspiration pneumonia reduces the national cost of morbidity, mortality, and disability burden in this population. There is no generally recognized swallow screen. Program evaluation objectives were to establish a valid, reliable, cost effective, and easy to administer evidence RN bedside swallow screen for dysphagia to keep acute stroke patients safe …

Lessons From A Life Well-Lived, Harold W. Kohl Iii, Steven N. Blair

Faculty Publications

No abstract provided.

Specialty Care Use In Us Patients With Chronic Diseases, Jessica D. Bellinger, Rahnuma M. Hassan, Patrick A. Rivers, Qiang Cheng, Edith M. Williams, Saundra H. Glover

Faculty Publications

Despite efforts to eliminate health disparities, racial, ethnic, and geographic groups continue lag behind their counterparts in health outcomes in the United States. The purpose of this study is to determine variation in specialty care utilization by chronic disease status. Data were extracted from the Commonwealth Fund 2006 Health Care Quality Survey (n = 2475). A stratified minority sample design was employed to ensure a representative sample. Logistic regression was used in analyses to predict specialty care utilization in the sample. Poor perceived health, minority status, and lack of insurance was associated with reduced specialty care use and chronic disease …

Cesarean And Vbac Rates Among Immigrant Vs. Native-Born Women: A Retrospective Observational Study From Taiwan Cesarean Delivery And Vbac Among Immigrant Women In Taiwan, Jung-Chung Fu, Sudha Xirasagar, Jihong Liu, Janice C. Probst

Faculty Publications

Background:Cultural and ethnic roots impact women’s fertility and delivery preferences This study investigated whether the likelihood of cesarean delivery, primary cesarean, and vaginal delivery after cesarean (VBAC) varies by maternal national origin.

Mehods: We conducted a nation-wide, population-based, observational study using secondary data from Taiwan. De-identified data were obtained on all 392,246 singleton live births (≥500 g; ≥20 weeks) born to native-born Taiwanese, Vietnamese and mainland Chinese-born mothers between January 1 2006 and December 31 2007 from Taiwan’s nation-wide birth certificate data. Our analytic samples consisted of the following: for overall cesarean likelihood 392,246 births, primary cesarean 336,766 (excluding …

Child Custody: Don't Worry, A Bet Din Can Get It Right, Jeffrey Haberman

Cardozo Journal of Conflict Resolution

This Note aims to explore the reasoning behind the state's reluctance to accept arbitration, including that of the bet din, as a means of resolving child custody disputes. The Note highlights the advantages of arbitration, both in general and when used to determine child custody. The Note examines the arguments proffered by the courts to justify the view that they, and not outside arbitrators, best resolve child custody battles. This Note argues that when two parties agree to arbitrate their divorce settlement before a bet din, the award should be given the same deference as a bet din's resolution of …

When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law, Stephanie Spangler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Feasibility Of Brief Hospital-Based Interventions For Postpartum Depression : Effects On Depressive Symptoms, Perceived Support, & Treatment Utilization, Sabra N. Abboud

PCOM Psychology Dissertations

It is estimated that 10-20% of childbearing women develop postpartum depression (PPD), affecting up to 400,000 women in the United States each year. As many an 82% of women diagnosed with PPD decline recommended treatment, primarily due to a lack of knowledge about PPD, to societal stigma and to practical barriers. The objective of this study is to evaluate the feasibility of conducting a large-scale study examining the impact of screening measures and a supportive approach immediately postpartum on utilization of recommended care, levels of depression and perceived social support. Women were randomly assigned (N=40) on a maternity unit to …

A Comprehensive Investigation Of Variables Related To Children's Self-Perceptions, Renee Payton Cahill

PCOM Psychology Dissertations

In recent decades much has been revealed regarding children’s self-perceptions and sense of worth. Children engage in social comparisons to gauge their strengths and weaknesses relative to those around them. Thus one’s environment plays a critical role impacting one’s perceptions of self. Other variables suggested as contributing to children’s formulation of self-worth, include academic achievement, perception of victimization by peers, and academic placement. However, findings have been inconsistent in regard to the extent to which these variables relate to self-worth. The present study sought to discern if these variables relate to children’s self-perceptions. Results revealed a positive correlation between students’ …

Horticulture Of Ribes, K. E. Hummer, A. Dale

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The genus Ribes L., known as currants and gooseberries, contains more than 150 diverse species indigenous throughout the northern hemisphere and along the Rocky Mountain, Sierra Nevada and Sierra Madres in North America through mountain ranges of Central America to the Andes in South America. Beginning in the 1400s, four main crop types, black currants (Ribes, subgenus: Ribes, section: Botrycarpum), red and white currants (Ribes, subgenus: Ribes, section: Ribes) and gooseberries (Ribes, subgenus: Grossularia) were domesticated from European species. American and Eurasian species were selected and combined into …

Comparison Of Percent Hatch And Fungal Infestation In Channel Catfish Eggs After Copper Sulfate, Diquat Bromide, Formalin, And Hydrogen Peroxide Treatment, Andrew J. Mitchell, David L. Straus, Bradley Farmer, Ray Carter

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Reduced survival of fish eggs is often a result of infestation with fungi Saprolegnia spp. However, timely chemical treatments often limit these infestations and increase survival. The effect of copper sulfate pentahydrate (CSP; 10 mg of CSP/L of water), diquat bromide (25 mg of diquat cation/L), formalin (433 mg/L), and hydrogen peroxide (H₂O₂; 250 mg/L) on percent hatch and fungal infestation in eggs of channel catfish Ictalurus punctatus was compared in two identical trials (five replicates for each chemical treatment per trial). The percent hatch in all chemical treatments was significantly better than percent hatch of …

Proteomic Analysis Of The Major Cellular Proteins Of Bovine Trophectoderm Cell Lines Derived From Ivp, Parthenogenetic And Nuclear Transfer Embryos: Reduced Expression Of Annexins I And Ii In Nuclear Transfer-Derived Cell Lines, Neil C. Talbot, Anne M. Powell, Thomas J. Caperna, Wesley M. Garrett

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Trophectoderm cell lines were established from 8-day in vitro-cultured embryos of cattle derived from fertilization (IVF), somatic cell nuclear transfer (NT), or parthenogenetic activation (P) of in vitro-matured oocytes and from five 8-day-old in vivo (V) embryos. The most abundant cellular proteins of 5 V-, 16 NT-, 12 P-, and 16 IVF-derived cell lines were compared by 2D-gel electrophoresis and mass spectrometry; that is, the unaltered thiourea/urea extract of each cell culture was analyzed. Common protein spots (n = 118) were examined, and 95% were identified with significant scores from protein and gene database searches. Of the proteins …

A Computer Model For Simulating Population Development Of The Indianmeal Moth (Lepidoptera: Pyralidae) In Stored Corn, James E. Throne, Richard T. Arbogast

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The Indianmeal moth, Plodia interpunctella (Hu¨bner) (Lepidoptera: Pyralidae), is a common pest of stored corn, Zea mays L. We developed a computer model to simulate population development of the Indianmeal moth in stored corn by using previously published data describing immature developmental times and survivorship, and adult longevity and fecundity. The model accurately simulated population development of Indianmeal moths in corn stored during fall and into winter of three separate storage seasons in South Carolina. This is the period when the Indianmeal moth is a pest in stored corn in South Carolina. The model predicted that populations would increase after …

Blackboard Jungle: Delinquency, Desegregation, And The Cultural Politics Of Brown, Anders Walker

All Faculty Scholarship

In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown v. Board of Education enforced, marking the beginnings of a much larger campaign to re-articulate southern resistance to integration in popular terms. Taking the intersection between discourses of delinquency and desegregation at mid-century as a starting point, this article advances three claims. One, the NAACP’s reliance on sociological evidence in Brown was a strategic attempt to align black interests with concerns over child development popular at the …

Iron-Sparing Response Of Mycobacterium Avium Subsp. Paratuberculosis Is Strain Dependent, Harish K. Janagama, 1,6, John Bannantine, Abirami Kugadas, Pratik Jagtap, Leeann Higgins, Bruce A. Witthuhn, Suelee Robbe-Austerman

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background: Two genotypically and microbiologically distinct strains of Mycobacterium avium subsp. paratuberculosis (MAP) exist - S and C MAP strains that primarily infect sheep and cattle, respectively. Concentration of iron in the cultivation medium has been suggested as one contributing factor for the observed microbiologic differences. We recently demonstrated that S strains have defective iron storage systems, leading us to propose that these strains might experience iron toxicity when excess iron is provided in the medium. To test this hypothesis, we carried out transcriptional and proteomic profiling of these MAP strains under iron-replete or -deplete conditions.

Results: We first complemented …

Field Applications Of Entomopathogenic Fungi Beauveria Bassiana And Metarhizium Anisopliae F52 (Hypocreales: Clavicipitaceae) For The Control Of Ixodes Scapularis (Acari: Ixodidae), Kirby C. Stafford Iii, Sandra A. Allan

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Two commercial formulations of Beauveria bassiana (Balsamo-Crivelli) Vuillemin were applied to residential sites in Old Lyme, CT, for the control of nymphs of the blacklegged tick, Ixodes scapularis, in 1999 and 2000. The pyrethroid bifenthrin was applied to other premises for comparison with B. bassiana. A wood chip barrier was installed and maintained at six of the treated properties. In 1999, control of I. scapularis nymphs ranged from 74.5 to 83.0% on lawns without wood chips and from 88.9 to 90% on lawns with wood chip barriers. As a control check, no ticks (n= 23) collected …

Association Analysis Of Prnp Gene Region With Chronic Wasting Disease In Rocky Mountain Elk, Stephen N. White, Terry R. Spraker, James O. Reynolds, Katherine I. O’Rourke

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background: Chronic wasting disease (CWD) is a transmissible spongiform encephalopathy (TSE) of cervids including white-tailed (Odocoileus virginianus) and mule deer (Odocoileus hemionus), Rocky Mountain elk (Cervus elaphus nelsoni), and moose (Alces alces). A leucine variant at position 132 (132L) in prion protein of Rocky Mountain elk confers a long incubation time with CWD, but not complete resistance. However, variants in regulatory regions outside the open reading frame of PRNP have been associated with varying degrees of susceptibility to prion disease in other species, and some variants have been observed in similar …

Green Ships: Keeping Oceans Blue, Petros J. Katsioloudis

STEMPS Faculty Publications

The article discusses the contribution by the marine transport sector to air and water pollution. According to a congressional research report, cruise ships produce large volume of wastes like sewage, wastewater from sinks, showers, and galleys, hazardous wastes, solid wastes, oily bilge water, ballas water and polluted air. Ship manufacturers are advised to create Green Ships that prevent pollution while governments are urged to strengthen the laws that prohibit dumping of waste to oceans to alleviate pollution.

Positive Connection Leads To Student Success, Diane C. Leavitt Ma

All Student Scholarship

This study focuses on the impact of positive adult connections on high school students’ success. The data is from of one southern Maine high school with a population of 1,050 students. The data includes overall school-wide results of student connectedness, as well as in-depth results from nine student interviews. The researcher’s intent was to demonstrate the need for continued mentoring efforts for high school students. It does appear from this study that adult mentoring programs have a positive effect on student success. The study also indicates that further research regarding the impact of student mentoring programs in high schools is …

A Prisoner's Constitutional Right To Medical Information: Doctrinally Flawed And A Threat To State Informed Consent Law, Robert Gatter

All Faculty Scholarship

White v. Napoleon and its progeny recognize a substantive due process right to receive the disclosure of medical treatment information. While each case involves a prisoner receiving treatment while in custody, the constitutional right described in those cases is not limited to prisoners. Instead, the right is described as belonging to all individuals. Consequently, this line of cases is poised to interfere with the disclosure standards that operate in state informed consent law in the many instances where state action exists. This Article argues that the substantive due process right recognized in White should be overturned. The right is based …

New York Law School Magazine, Vol. 30, No. 1, New York Law School

New York Law School Magazine

Features:

Giving Back: The Starr Foundation Honors Maurice R. Greenberg ’50 with a $20 Million Gift to NYLS

What Is the Future of Legal Education?: New York Law School and Harvard Lead the Conversation

Passport to Opportunity: New York Law School Launches Study Abroad Program

Extension Of The Theory Of Planned Behaviour Incorporating An Improved Measure Of Emotion: An Application To Speeding, Chloe Jones

Theses : Honours

Speeding is related to crashes. The motivational factors underlying speeding must be identified to inform road safety. The Theory of Planned Behaviour (TPB) suggests that behavioural intention is predicted by attitude, subjective norm and perceived behavioural control. The present research was an attempted extension of the Theory of Planned Behaviour (TPB), in a speeding context. It was identified that the scales used in the TPB are not appropriately capturing emotion, and that the lack of emotion measures may be responsible for unaccounted for variance in intention. Questionnaires were developed based on Ajzen's (2006) and Bradley and Lang's (1999) methods. It …

Where New Meanings Spring: The Relationship Between Indigenous Cultural Meanings For Freshwater Springs And Management Practices: Analysis Of Stories From Kalbarri, Western Australia, Tamara Lee Murdock

Theses : Honours

While Indigenous peoples' practices have been acknowledged to change and evolve, whether Indigenous cultural meanings invested in a specific place also change and/or evolve over time, and the affect these changes may have on land and water practices has generally been ignored. This study explores the relationship between Indigenous cultural meanings and land and water stewardship practices, and whether these change over time. A qualitative research design was employed in this study to emphasise the complex and dynamic nature of language and the relationship between people, culture and nature. This study utilised interviews collected from traditional Indigenous people concerning stories …

An Injury Survey And Biomechanical Analysis Of Strength And Conditioning Exercises And Maximal Hiking Test (Hm180) In Junior Sailors, Wee Wing Kuen

Theses : Honours

In Olympic sailing, the "hiking" position is adopted by sailors to counteract forces of the wind acting on the sail and. improve boat speed. Hiking is widely regarded as the main physical challenge faced by single-handed dinghy sailors and senior dinghy sailors are known to have high rates of low back and knee injury. However, the extent of these injuries in junior sailors is yet to be reported. Although strength and conditioning exercises have been prescribed to enhance performance and prevent injury in sailors, little is known about these exercises in comparison to the demands placed on the sailor's musculature …

Terrorism In Australia: Myth Or Reality? A Psychometric Study Into The Western Australian Public's Perception Of Terrorism, Richard Sargent

Theses : Honours

Terrorism is not a new concept as terrorist individuals and organisations since time immemorial have used the threat of violence or actual violence to generate fear in individuals, organisations and governments alike. Fear is a powerful weapon and it is used in order to gain political, ideological or religious objectives. The attacks on the World Trade Centre and the Pentagon on the 11th September 2001 (9/11) highlighted the dangers of the inadequate intelligence, border security and immigration practices that led to this event. The attacks were a security wake up call not only for the United States of America but …