Digital Commons Network^™

Primary Care Of The Adult With Diabetes, Debra Gates

Nursing Doctoral

The landmark diabetes studies of the 1990’s demonstrated to the world the importance of blood glucose control in diabetes mellitus. It is now with out question controlling blood sugar significantly reduces the development of or delays the onset of diabetes related complications. Since the time of these research findings, there has been a tremendous amount of effort to both develop and study strategies that were most effective in managing diabetes. Despite this, it has been said that diabetes care in the United States is suboptimal (Mc Laughlin, 2000, p.5). Many studies individually show promise. Collectively these studies may also form …

Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff

Publications

This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …

Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang

Publications

The happiness revolution is coming to legal scholarship. Based on empirical data about the how and why of positive emotions, legal scholars are beginning to suggest reforms to legal institutions. In this article we aim to redirect and slow down this revolution.

One of their first targets of these legal hedonists is the jury system for tort damages. In several recent articles, scholars have concluded that early findings about hedonic adaptation and affective forecasting undermine tort awards for pain and suffering, mental anguish, loss of enjoyment of life, and other non-economic damages. In the shadow of a broader debate about …

Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks

Publications

This essay responds to Jeannie Suk's recent article in the Columbia Law Review, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse. Suk argues that feminists are responsible for legitimizing a paternalistic attitude towards women that came home to roost in Gonzales v. Carhart. This essay argues that Suk's critique of feminist paternalism needs to be supplemented with a discussion of traditional paternalism and its influence on how feminist advocacy enters the law. In particular, it suggests that Derrick Bell's theory of interest convergence provides a useful framework for understanding the cultural, legal, and rhetorical evidence adduced …

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

Publications

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the "health exception" to abortion regulations to demonstrate why equality arguments are needed--namely because our legal tradition's conception of liberty is based on male experience, no theory of basic human rights grounded in women's reproductive experiences has developed. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom by requiring that pregnancy and abortion be analogized to male experiences. As a result, equality arguments focus on either the bodily or the social aspect of …

Legal Transitions And The Problem Of Reliance, David M. Hasen

Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …

Energy Justice And Sustainable Development, Lakshman Guruswamy

Publications

Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …

Climate Change And Institutional Competence, Mark Squillace

Publications

No abstract provided.

The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton

Publications

The Supreme Court--along with the rest of the country--has long divided over the question whether the United States has yet achieved a 'post-racial" society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for constitutional and statutory antidiscrimination law. Indeed, a post-racial discomfort with noticing and acting upon race supports a zero-sum approach to equality: if race no longer matters to the distribution of life opportunities, a decision maker's concern for the disparities experienced by members of one racial group may be seen as inextricable from its intent to …

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

Publications

No abstract provided.

Government Speech 2.0, Helen Norton, Danielle Keats Citron

Publications

New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine--which recognizes "government speech" as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint--only in the context of disputes involving fairly traditional forms of expression. In none of these decisions, moreover, has the …

The Relevance Of Results Generated By Human Indexing And Computer Algorithms: A Study Of West's Headnotes And Key Numbers And Lexisnexis's Headnotes And Topics, Susan Nevelow Mart

Publications

This article begins the investigation into the different ways results are generated in West's "Custom Digest" and in LexisNexis's "Search by Topic or Headnote" and by KeyCite and Shepard's. The author took ten pairs of matching headnotes from important federal and California cases and reviewed the results sets generated by each classification and citator system for relevance. The differences in the results sets for classification systems and for citator systems raise interesting issues about the efficiency and comprehensiveness of any one system, and the need to adjust research strategies accordingly

The Role Of Chemotherapy In The Management Of Newly Diagnosed Brain Metastases: A Systematic Review And Evidence-Based Clinical Practice Guideline., Minesh P Mehta, Nina A Paleologos, Tom Mikkelsen, Paula D Robinson, Mario Ammirati, David W Andrews, Anthony L Asher, Stuart H Burri, Charles S Cobbs, Laurie E Gaspar, Douglas Kondziolka, Mark E Linskey, Jay S Loeffler, Michael Mcdermott, Jeffrey J Olson, Roy A Patchell, Timothy C Ryken, Steven N Kalkanis

Department of Neurosurgery Faculty Papers

TARGET POPULATION: This recommendation applies to adults with newly diagnosed brain metastases; however, the recommendation below does not apply to the exquisitely chemosensitive tumors, such as germinomas metastatic to the brain.

RECOMMENDATION: Should patients with brain metastases receive chemotherapy in addition to whole brain radiotherapy (WBRT)? Level 1 Routine use of chemotherapy following WBRT for brain metastases has not been shown to increase survival and is not recommended. Four class I studies examined the role of carboplatin, chloroethylnitrosoureas, tegafur and temozolomide, and all resulted in no survival benefit. Two caveats are provided in order to allow the treating physician to …

Shining A Light On Democracy's Dark Lagoon, Helen Norton

Publications

Written for a symposium examining the Fourth Circuit’s jurisprudential tradition, this short essay explores the Fourth Circuit’s approach to the emerging government speech doctrine, under which the government’s own speech is exempt from free speech clause scrutiny. In developing this doctrine, the Supreme Court has been too quick to defer to public entities’ assertion that contested speech is their own; indeed, it has yet to deny the government’s claim to expression in the face of a competing private claim – at significant cost to the public’s ability to hold government politically accountable for its expressive choices. The Fourth Circuit, in …

Ways Of Seeing In Environmental Law: How Deforestation Became An Object Of Climate Governance, William Boyd

Publications

Few areas of law are as deeply implicated with science and technology as environmental law, yet we have only a cursory understanding of how science and technology shape the field. Environmental law, it seems, has lost sight of the constitutive role that science and technology play in fashioning the problems that it targets for regulation. Too often, the study and practice of environmental law and governance take the object of governance--be it climate change, water pollution, biodiversity, or deforestation--as self-evident, natural, and fully-formed without recognizing the significant scientific and technological investments that go into making such objects and the manner …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

Xenophobia: The Consequences Of Being A Zimbabwean In South Africa, Philip Edward Culbertson

Theses and Dissertations

This paper seeks to explain and describe the xenophobia and xenophobic attacks of Zimbabwean refugees and migrants in South Africa. The political and social instability in Zimbabwe has led to mass exodus of Zimbabweans in search of stability and a means to survive. Many of these Zimbabweans have sought opportunity and refuge in South Africa only to be met with hurdles that metastasized into xenophobia. Research was done on the target population of Zimbabweans in Central Methodist Church in Johannesburg, along with interviews conducted through Medicines Sans Frontiers, and active players in the civil society in Cape Town.

Executive Compensation And Tax Neutrality: Taxing The Investment Component Of Deferred Compensation, Eric D. Chason

Faculty Publications

No abstract provided.

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.

Regulating Charities In The Twenty-First Century: An Institutional Choice Analysis, Lloyd Hitoshi Mayer, Brendan M. Wilson

Journal Articles

For more than fifty years scholars, practitioners, and government officials have debated whether the federal government, the state governments, or the charitable sector itself can best ensure that charity leaders fulfill their fiduciary duties. The dramatic growth of this sector, recent highly publicized governance scandals, and a push in Congress and the IRS for more federal involvement in this area have now brought this issue to a head. This article lays a foundation for resolving the dispute by developing an institutional choice framework for considering and comparing the various available options. Applying that framework, the article concludes that the best …

Hauerwas And The Redemption Of Bioethics, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Lynn University Scholar 2010, Lynn University

Honors Journals

Lynn University Scholar: The International Journal of the Honors Program

Echo, Winter/Spring 2010, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: No plan B: day jobs vs. day dreams; Un-restaurants: now you see 'em, now you don't; Paranormal police: to serve and detect; Designers on the edge: three haute shots. 72 pages.

Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James M. Puckett

Faculty Scholarship

Tax scholarship has long struggled with whether married taxpayers should be taxed differently from unmarried taxpayers. Currently, married taxpayers are subject to different tax rates than unmarried taxpayers, and may file a joint tax return. A married couple may pay a higher or lower amount of tax than an unmarried couple with the same total income, and a single person generally pays more tax on a given income than a married couple with a single earner with the same income. These outcomes are difficult to reconcile with a commitment to income tax progressivity, which in theory requires that higher incomes …

Effects Of Peer & Familial Ethnic Socialization On Processes Of Ethnic Identity Development In Mexican-Descent Adolescents, Christine M. Reinhard

Electronic Theses and Dissertations

The current cross-sectional study had two goals: present the Peer Ethnic Socialization Measure, (PESM) to assess peer contributions to the process of ethnic socialization (the promotion of pride, cultural knowledge and cultural traditions), and explore how family and peer (in-group and out-group peers) ethnic socialization uniquely contributes to the process of ethnic identity development in Mexican descent adolescents (N=111, M age = 14.5 years, SD = 1.2 years). The PESM is a modified version of the Umaña-Taylor Familial Ethnic Socialization Scale (2001). Results indicated that the PESM is a reliable scale, but that it will benefit from refinement and additional …

A Study Of The Coping Strategies Of Financially Vulnerable Families Facing The Child Care Cliff, Susan J. Roll

Electronic Theses and Dissertations

For many families child care is a necessity for economic self sufficiency, as without it caretakers cannot enter and stay in the workforce. However, for many low-income families childcare expenses are so high that they often cannot afford it without government support. The focus of this study was to understand how families make decisions about childcare in relation to government support. Of specific interest are low-income families who receive the government supported child care subsidy in Colorado known as the Colorado Child Care Assistance Program (CCCAP).

CCCAP is a part of work support benefits that are provided by the State …

The Effects Of Gender On Rumination, Co-Rumination, Depression, And Relationship Satisfaction, Mera El Ramahi

Masters Theses

The present qualitative study examined gender differences in rumination, co-rumination, depression, and relationship satisfaction. Response style theory, gender role socialization, and social norms are proposed to explain the gender differences in depression. The researchers conducted a study with undergraduate and graduate students at a mid-sized Midwest university campus. The sample in the present study consisted of 232 students. There were 106 males and 126 females. Participants took an online survey that consisted of the Response Style Questionnaire (RSQ), Co-Rumination Questionnaire (CRQ), Beck Depression Inventory (BDI), and the Multidimensional Questionnaire (MRQ). The findings suggest that rumination is a significant predictor of …

The Impact Of A First Year Seminar On The College Success Of African American Males At Eastern Illinois University, Brandon L. Thompson

Masters Theses

This mixed method study was designed to understand the impact of a first-year seminar on the college success of African American males at Eastern Illinois University. The primary . researcher conducted one on one interviews with nine African American males. Three participants enrolled in EIU 1111 (first year seminar) by choice, three enrolled in EIU 1111 by conscription, and three did not enroll in EIU 1111. The interviews were transcribed and themes were identified. The results from the interviews indicated that peer support and faculty and staff interaction outside of the classroom influenced college success.

The quantitative data ( e.g. …

Advising In A Multidisciplinary Master's Program: An Evaluation, Kimberly Jackson

Journal of Inquiry and Action in Education

Multidisciplinary programs have begun to complement traditional models of graduate and professional education. The development of these programs has begun to reflect the change in graduate student advisement. Multidisciplinary programs necessitate the need for quality advisement approaches. This study assessed faculty satisfaction and commitment to advising graduate students in the Multidisciplinary Studies Individualized (MDSI) program at a metropolitan college in New York State. The intent was to examine faculty level of satisfaction, level of commitment and identify barriers to advising MDSI students. This quantitative study employed a paired samples t – test to compare faculty advising groups. The findings revealed …

Course Schedule Spring 2010, William & Mary Law School

Course Information

No abstract provided.