Digital Commons Network^™

Should I Stay Or Should I Go - Covenants Not To Compete In A Down Economy: A Proposal For Better Advocacy And Better Judicial Opinions, Kate O'Neill

UC Law Business Journal

This article is an effort to think about covenants not to compete from a theoretical and practical standpoint. Employee covenants not to compete generate a lot of legal disputes perhaps, in part, because they often bite when an employment relationship is already on the rocks and then they extend their restraints out past the time of any productive exchange between the parties. Employee covenants not to compete also generate scores of academic articles because there are always new cases to write about and because covenants dwell on a fault line that runs between freedom of contract and substantive control over …

A New Perspective On Visual Word Processing Efficiency, Joseph W. Houpt, James T. Townsend

Psychology Faculty Publications

As a fundamental part of our daily lives, visual word processing has received much attention in the psychological literature. Despite the well established perceptual advantages of word and pseudoword context using accuracy, a comparable effect using response times has been elusive. Some researchers continue to question whether the advantage due to word context is perceptual. We use the capacity coefficient, a well established, response time based measure of efficiency to provide evidence of word processing as a particularly efficient perceptual process to complement those results from the accuracy domain.

Ab-10-017: Combined Effects Of Noise And Temperature On Human Comfort And Performance (1128-Rp), Dale Tiller, Lily M. Wang, Amy Musser, Matthew Radik

Durham School of Architectural Engineering and Construction: Faculty Publications

This paper summarizes results from an experiment designed to investigate the combined effects of noise and temperature on human thermal comfort and task performance. Thirty subjects (16 females, 14 males) were exposed to all combinations of five thermal conditions (PMV +1 [79.6°F:26.4°C], PMV +0.5 [75.8°F:24.3°C], PMV 0 [72.1°F:22.3°C], PMV -0.5 [68.3°F:20.2°C], and PMV -1 [64.6°F:18.1°C]), three RC noise levels (RC-30, RC-40, and RC-50), and two sound qualities (neutral and rumbly): all sounds mimicked noise from building ventilation systems. After a one-hour adaptation period at each condition, subjects rated their thermal comfort using the ASHRAE Thermal Comfort Scale and the Tenant …

Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen

UC Law SF Journal on Gender and Justice

While passage of the Lilly Ledbetter Fair Pay Act is a triumph for American women, it highlights that pay disparity between men and women is a persistent problem. According to U.S. Bureau of Labor Statistics reports, women currently earn eighty-one percent of the average weekly wages for men. The restoration of this cause of action could prove an important deterrent to employers, but the relief and remedy is ex post facto rather than prophylactic. This note recounts Lilly Ledbetter's personal journey through the workplace, courts, legislature, and White House. It goes on to expand on systemic factors that perpetuate wage …

Person Perception Of Leaders With Adult Adhd, Maxwell P. Teschke

Honors Theses

Following this review of the literature this thesis describes three empirical investigations into people's beliefs about individuals who are diagnosed with the Attention Deficit and Hyperactivity Disorder (ADHD), and the relationship between those beliefs and leadership perceptions and judgments. In addition to documenting the content of the ADHD beliefs, the work will also test the hypothesis that the qualities stereotypically associated with ADHD are incongruent with those qualities individuals spontaneously and intuitively associate with leadership. A third study then considers the experience of individuals who are diagnosed as experiencing ADHD but also hold positions of leadership. By the end of …

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin

Richmond Journal of Law and the Public Interest

This Note discusses the interpretation of the opposition clause within Title VII of the Civil Rights Act of 1964 in the context of Crawford v. Metropolitan Government of Nashville & Davidson County, Tennessee. In general, the opposition clause protects an employee from retaliation by his employer if he opposes his employer's illegal conduct. Part II summarizes the facts and the holding of Crawford. Part III describes Title VII discrimination in general and antiretaliation in particular. Part IV discusses the United States Supreme Court's rationale in Crawford, and Part V questions the interpretation of the opposition clause. Finally, Part VI agrees …

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Journal of Law and the Public Interest

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie

Richmond Journal of Law and the Public Interest

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have …

Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon

Hofstra Law Review

No abstract provided.

The Evolving Role Of Physicians In A Reformed American Health Care System, Gov. Howard Dean

Hofstra Law Review

No abstract provided.

Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher

Hofstra Law Review

No abstract provided.

State Of Tennessee Annual Statistical Report Of The Department Of Education For The Scholastic Year Ending June 30, 2009, Tennessee. Department Of Education.

Annual Statistical Report

No abstract provided.

In The Matter Of The Discipline Of Clayne I. Corey : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Tamra Rhinehart V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Exit Strategy: An Exploration Of Late-Stage Police Crime, Philip M. Stinson, John Liederbach, Tina L. Freiburger

Criminal Justice Faculty Publications

There are no exhaustive statistics available on the crimes committed by law enforcement officers, and only a small number of studies provide specific data on police crimes. The purpose of the current study is to examine the character of police arrests known to the media. Cases were identified through a content analysis of news coverage using the internet-based Google^TM News search engine and its Google News Alerts search tool. The study focuses on the crimes committed by experienced officers who are approaching retirement. The occurrence of these late-stage crimes presents a challenge to existing assumptions regarding the relationship between …

A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein

Hofstra Law Review

No abstract provided.

The High-Risk Environment Of Homeless Young Adults: Consequences For Physical And Sexual Victimization, Kimberly A. Tyler, Morgan R. Beal

Department of Sociology: Faculty Publications

Little is known about how the social environment of homeless youth contributes to their risk and how it varies for different types of victimization. As such, the current study examines the constructs of victimization theories in order to investigate the potential risk for physical and sexual victimization among homeless young adults. Results revealed that running at an earlier age, running more often, sleeping on the street, panhandling, deviant peers associations, and not having a family member in one’s network are associated with more physical victimization. Being female, a sexual minority, having an unkempt physical appearance, panhandling, and having friends who …

The Experience Of Infertility: A Review Of Recent Literature, Arthur L. Greil, Kathleen Slauson-Blevins, Julia Mcquillan

Department of Sociology: Faculty Publications

About 10 years ago Greil published a review and critique of the literature on the socio-psychological impact of infertility. He found at the time that most scholars treated infertility as a medical condition with psychological consequences rather than as a socially constructed reality. This article examines research published since the last review. More studies now place infertility within larger social contexts and social scientific frameworks although clinical emphases persist. Methodological problems remain but important improvements are also evident. We identify two vigorous research traditions in the social scientific study of infertility. One tradition uses primarily quantitative techniques to study clinic …

The New Homelessness Revisited, Barrett A. Lee, Kimberly A. Tyler, James D. Wright

Department of Sociology: Faculty Publications

The new homelessness has drawn sustained attention from scholars over the past three decades. Definitional inconsistencies and data limitations rendered early work during this period largely speculative in nature. Thanks to conceptual, theoretical, and methodological progress, however, the research literature now provides a fuller understanding of homelessness. Contributions by sociologists and other social scientists since the mid-1990s differentiate among types of homelessness, provide credible demographic estimates, and show how being homeless affects a person’s life chances and coping strategies. Agreement also exists about the main macro- and micro-level causes of homelessness. Active lines of inquiry examine public, media, and governmental …

The Life Course Perspective And African American Adolescent Development In The Family, Bridget J. Goosby

Department of Sociology: Faculty Publications

African Americans remain disproportionately represented in the low-income population, and there is a sizable literature addressing the influence of these circumstances on family well-being. There is, however, an increasing need for the integration of the life course perspective into research on economically disadvantaged African American families as they continue to be vulnerable to deleterious mental health outcomes and lower life chances. This article discusses the tenets of the life course perspective followed by a summary of the research on economically disadvantaged African American families and their adolescent youth’s developmental outcomes. In addition, new emerging areas of research are discussed. In …

Jewish Teenagers’ Syncretism, Philip Schwadel

Department of Sociology: Faculty Publications

With the rapid rise of Jewish interfaith marriage and the migration of Jews away from traditional Jewish neighborhoods, many Jewish teenagers in the U.S. have little interaction with other Jews and little exposure to the Jewish religion. Here I use National Study of Youth and Religion survey data to examine Jewish teenagers’ syncretism or acceptance of different religious forms. The results show that Jewish teens are more syncretic than other teens, and that variations in religious activity, an emphasis on personal religiosity, and living in an interfaith home explain some of the difference in syncretism between Jewish and non-Jewish teens. …

Tribal Vs. Public Schools: Perceived Discrimination And School Adjustment Among Indigenous Children From Early To Mid- Adolescence, Devan M. Crawford, Jacob E. Cheadle, Les B. Whitbeck

Department of Sociology: Faculty Publications

The purpose of this study is to assess the differential effects of perceived discrimination by type of school on positive school adjustment among Indigenous children during late elementary and early middle school years. The analysis utilizes a sample of 654 Indigenous children from four reservations in the Northern Midwest and four Canadian First Nation reserves. Multiple group linear growth modeling within a structural equation framework is employed to investigate the moderating effects of school type on the relationship between discrimination and positive school adjustment. Results show that students in all school types score relatively high on positive school adjustment at …

Thomas Carlyle’S Lost Translation Of Saint-Simon’S Nouveau Christianisme: An Epistolary Account, Michael R. Hill

Department of Sociology: Faculty Publications

The first-known (and now lost) translation of Saint-Simon’s Nouveau christianisme was prepared by the well-known Scotch-born prose writer, Thomas Carlyle (1795-1881). Carlyle was considerably interested in the Saint- Simonian movement (Cofer 1931; Murphy 1936; Shine 1941) and undertook to translate Saint-Simon’s last work during the latter half of 1830. The following excerpts from Carlyle’s correspondence reveal that he was unable to find a willing publisher for his translation, and the manuscript subsequently disappeared, presumably in France. This unfortunate chain of events accounts in part for the circumstance that Nouveau christianisme was not better-known among Englishspeaking sociologists and lay readers. Although …

The Personal, The Political, And Race, Jeannine Bell

Articles by Maurer Faculty

This essay is a response to Richard Lempert’s Law & Society Association Presidential Address.

Winter 2010

University of Richmond Magazine

No abstract provided.

The Practice Of Spiritual Direction In The Life And Writings Of St. Elizabeth Ann Seton, Shin Ja Lee

Vincentian Digital Books

Elizabeth Ann Seton became the first North American-born saint in 1975 and her sainthood was a fruit of her spiritual formation in the Episcopal and the Catholic Church. That formation qualified her as a spiritual director to her contemporaries. This dissertation examined what characterized her reception and practice of spiritual direction through an analysis of her letters, journals, meditations, her translations and works she copied.

This dissertation claims that Elizabeth was a qualified spiritual director and her practice of spiritual direction contributed to the enrichment of the ministry of spiritual direction. Her biblical, Eucharistic, liturgical, and ecclesiastical piety led individuals …

Developing A Social Justice Curriculum: Intersections Of Identity, Community, Inheritance And Experience, Melissa Rae Goodnight

College of Education Theses and Dissertations

Social justice is a frequently employed concept in the development of classroom curriculum and discussion of instructional practice in schools. This study documents the process undergone by two public high school educators to create a social justice curriculum. The study data is comprised of semi-structured interviews, classroom observations and a document analysis of curricular texts. The research goal is to gain a broader understanding of how educators’ values, life experiences, and political motivations impact the content and intended outcomes of curriculum for social justice. The data collection and analysis emphasize the educators’ voices as they reflect on: 1) how they …

Computational Thinking Across The Curriculum: A Conceptual Framework, Amber Settle, Ljubomir Perkovic

Technical Reports

We describe a framework for implementing computational thinking in a broad variety of general education courses. The framework is designed to be used by faculty without formal training in information technology in order to understand and integrate computational thinking into their own general education courses. The framework includes examples of computational thinking in a variety of general education courses, as well as sample in-class activities, assignments, and other assessments for the courses. The examples in the different courses are related and differentiated using categories taken from Peter Denning’s Great Principles of Computing, so that similar types of computational thinking appearing …

The Promise And Pitfalls Of Neuroscience For Criminal Law And Procedure, Susan Bandes

College of Law Faculty

No abstract provided.