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The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas

Articles

No abstract provided.

Regulation Of Peripheral Nerve Regeneration By The Mtor Pathway, Namiko Abe

All Theses and Dissertations (ETDs)

While neurons in the central nervous system: CNS) have limited capacity for regrowth after damage, neurons in the peripheral nervous system: PNS) have a robust ability to regenerate their axons following injury. Successful regeneration depends upon both extrinsic cues in the environment and the activation of intrinsic mechanisms to promote regrowth. A number of inhibitory molecules in the CNS environment that prevent axonal regrowth have been identified, but less is known regarding the signaling mechanisms that regulate regenerative ability in PNS neurons. Here, we explored multiple components of injury signaling in the PNS, including the retrograde transport of local axonal …

Torts As Wrongs, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

Torts scholars hold different views on why tort law shifts costs from plaintiffs to defendants. Some invoke notions of justice, some efficiency, and some compensation. Nearly all seem to agree, however, that tort law is about the allocation of losses. This Article challenges the widespread embrace of loss-based accounts as fundamentally misguided. It is wrongs not losses that lie at the foundation of tort law. Tort suits are about affording plaintiffs an avenue of civil recourse against those who have wronged them. Although torts were once routinely understood as wrongs, since Holmes’s time, tort scholars have tended to suppose that …

Managing Health Care In A Libyan Public Hospital: A Case Study, Alexandria K. Osborne

Walden Dissertations and Doctoral Studies

Libyan citizens who can afford private health care are opting out of the public health care system. They have a perception that the quality of public health care has deteriorated. The negative perceptions have resulted in a lack of trust by many of Libyan's citizens in the Libyan public health care system and consequently to unequal access to quality health care. The purpose of this study was to identify the factors that have led to the negative perceptions and mistrust. The conceptual support for the study was based on a construct of trust that defines trust as the state of …

The Relationship Between Psychological Well-Being And Perceived Wellness In Graduate-Level Counseling Students, Michel Renee Harris

Walden Dissertations and Doctoral Studies

It is imperative that those who provide personal therapy to others be well-adjusted in their personal and professional lives and possess a keen and accurate perception of wellness. Yet, persons drawn to careers in counseling often have unresolved psychological issues. Counselor education programs should have a systematic way to evaluate and improve wellness in their students. Studies addressing the well-being of counselors-in-training, their perception of wellness, and their need for self-care are lacking in the professional literature. This study, therefore, examined the relationship between psychological well-being and perceived wellness in a sample (N = 97) of graduate students in a …

Using Globally Significant Children's Literature To Increase Fourth-Grade Students' Global Attitudes And Intercultural Sensitivity, Tonya Salisbury

Walden Dissertations and Doctoral Studies

It is vital for future generations to clearly grasp what it means to be global citizens in order for them to be successful and for America to maintain its status as a world leader. The purpose of this mixed-method study was to measure and describe the growth of global attitudes and intercultural sensitivity that fourth-grade students acquire through reading and discussing globally significant children's literature which honors and celebrates diversity worldwide, in terms of culture, race, language, religion, and social status. According to Rosenblatt's transactional theory, readers experience aesthetic transactions with the text leading to an understanding of the world …

Social Capital Variables As Predictors Of Hiv Risk-Taking Behaviors Among Sub-Saharan African Immigrants In The United States, Gbadebo Ogundiran Ogungbade

Walden Dissertations and Doctoral Studies

Vulnerable populations, including immigrants, are often at risk for human immunodeficiency virus (HIV) infection because of their risk-taking behaviors. This study investigated risk-taking behavior for HIV infection among Sub-Saharan African (SSA) immigrants in United States. Using social capital as a theoretical foundation, the study aimed to address the question, is there any association between social capital assets of educational opportunity, employment, and eligibility for social assistance and HIV risk-taking behavior, defined as condom use before sex (CUBS) among SSA immigrant in the U.S? Potential participants were recruited through religious and social organizations in a southwestern US state. The survey generated …

The Relationship Between Campus Climate And The Teaching Of Critical Thinking Skills In Community College Classrooms, Thomas C. Simon

Walden Dissertations and Doctoral Studies

Although critical thinking skills are important for all citizens participating in a democratic society, many community college students appear to lack these skills. This study addressed the apparent lack of research relating critical thinking instruction to campus climate. Critical thinking theory and Moos's organizational climate theory served as the theoretical foundation. The relationship between faculty's perceptions of three campus climate factors and their use of five critical thinking instructional techniques in the classroom was analyzed in this quantitative study. An online instrument based on the School-Level Environment Questionnaire (SLEQ) to measure campus climate and a researcher-designed measure of critical thinking …

Perceived Attributes And Organizational Support Influencing Course Management System Adopter Status In Historically Black Colleges And Universities, Gayla Spooner Keesee

Walden Dissertations and Doctoral Studies

The rapid growth of online learning fueled by technologies including course management systems (CMS) has transformed the traditional educational landscape. Little research shows why faculty members at Historically Black Colleges and Universities (HBCUs) have been slow to adopt this new teaching paradigm. This quantitative, nonexperimental study utilized Rogers's diffusion of innovation theory as the theoretical base. Research questions explored faculty perceptions of the CMS's attributes (relative advantage, compatibility, complexity, trialability, observability) and organizational support (policies, procedures, and norms) in order to predict adopter status. The study used a convenience sample of 137 full-time faculty from 3 public and 2 private …

The Probability Of Actual Bias, Objective Standards, And Pandora's Box - Caperton V. A. T. Massey Coal Company, Leon D. Lazer Honorable

Touro Law Review

No abstract provided.

Employment Discrimination In The Ethnically Diverse Workplace, Tanya K. Hernandez

Faculty Scholarship

Racial integration has long been the touchstone of racial progress in the workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do not necessarily become less racially discriminatory. Diverse workplaces may be characterized by antagonism between people of different races. Interethnic discrimination may exist alongside the discrimination that has traditionally occurred between blacks and whites, i.e., non-white racial and ethnic groups may engage in disparate-treatment employment discrimination actionable under Title VII of the 1964 Civil Rights Act. Examples of interethnic discrimination occur among members of different ethnic subgroups, as …

Do Analysts Tell The Truth? Do Shareholders Listen? An Experimental Study Of Analysts' Forecasts And Shareholder Reaction, Timothy W. Shields

ESI Working Papers

This work experimentally examines forecasting and trading behavior. Subjects play the role of both analyst and shareholder over the course of experiments consisting of a series of repeated games with or absent conflicts of interest. In a stylized trading setting, I test whether standard equilibrium, normative behavior, or limited strategic reasoning best predicts behavior. In the presence of conflicts of interest a substantial proportion of subjects’ behavior appears non-skeptical in the role of shareholder, though the same subject is deceptive in the role of analyst. Absent conflicts of interest, subjects behavior in the role of shareholder is nearer a best …

Detection Of Wuchereria Bancrofti L3 Larvae In Mosquitoes: A Reverse Transcriptase Pcr Assay Evaluating Infection And Infectivity, Sandra J. Laney, Reda M. R. Ramzy, Hanan H. Helmy, Hoda A. Farid, Ameen A. Ashour, Gary J. Weil, Steven A. Williams

Open Access Publications

No abstract provided.

Surface Properties Of Helicobacter Pylori Urease Complex Are Essential For Persistence, Tobias D. Schoep, Alma Fulurija, Fayth Good, Wei Lu, Robyn P. Himbeck, Carola Schwan, Sung Sook Choi, Douglas E. Berg, Peer R.E. Mittl, Mohammed Benghezal, Barry J. Marshall

Open Access Publications

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.

A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton

Michigan Law Review

I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has written 53 books, more …

The Vitality Of The American Sovereign, Todd E. Pettys

Michigan Law Review

The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has rarely been …

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Michigan Law Review

Part I of our Review discusses the central premises of Understanding Privacy, with particular attention paid to Solove's pragmatic methodology and his taxonomy of privacy. We introduce his pluralistic approach to conceptualizing privacy, which urges decision makers to assess privacy problems in context, and we explore his view that meaningful choices about privacy depend on an appreciation of how privacy benefits society as a whole. We also describe how Solove's taxonomy aims to account for the variety of activities that threaten privacy. In Part II, we analyze the strengths of Solove's pragmatism by demonstrating its functionality and flexibility in …

Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean Mcgrane

Michigan Law Review

In the days following Hurricane Katrina, as lawlessness and violence spread throughout New Orleans, the White House considered invoking the Insurrection Act so that members of the U.S. military could legally perform law enforcement functions inside the flooded city. This Note contends that the White House's decision not to invoke the Act was substantially driven by federalism concerns-in particular, concerns about intruding on Louisiana's sovereignty. But, this Note further contends, in focusing so heavily on these state sovereignty concerns, the White House largely ignored the other side of the 'federalism coin "-namely, enabling the federal government to act where national …

Structure And Precedent, Jeffrey C. Dobbins

Michigan Law Review

The standard model of vertical precedent is part of the deep structure of our legal system. Under this model, we rarely struggle with whether a given decision of a court within a particular hierarchy is potentially binding at all. When Congress or the courts alter the standard structure and process offederal appellate review, however, that standard model of precedent breaks down. This Article examines several of these unusual appellate structures and highlights the difficulties associated with evaluating the precedential effect of decisions issued within them. For instance, when Congress consolidates challenges to agency decision making in a single federal circuit, …

Commerce, Jack M. Balkin

Michigan Law Review

This Article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the modem regulatory state and its expansive definition of federal commerce power Some originalists argue that the modem state cannot be justified, while others accept existing precedents as a "pragmatic exception" to originalism. Nonoriginalists, in turn, point to these difficulties as a refutation of originalist premises. Contemporary originalist readings have tended to view the commerce power through modem eyes. Originalists defending narrow readings offederal power have identified "commerce" with the trade of commodities; originalists defending broad readings of federal power …

New Pleading, New Discovery, Scott Dodson

Michigan Law Review

Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintifs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …

On The Guise Of The Good, Joseph Raz

Faculty Scholarship

The chapter examines the main argument for, and the presuppositions of the claim that intentional actions are actions taken in, and because of, a belief that there is some good in them. An analysis of intentional actions, and of action for a (normative) reason, followed by a consideration of a number of objections to the thesis of the Guise of the Good force various revisions and refinements of the thesis yielding a defensible version of it. It is argued that the revised thesis is supported by the same argument that inspired the Guise of the Good from the beginning and …

Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz

Touro Law Review

Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983.

For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …

The Effect Of Direct Contact On Public Attitudes Towards People Living With Human Immunodeficiency Virus (Hiv) And Acquired Immune Deficiency Syndrome (Aids) In Zimbabweans, Mavis Mashingaidze

Walden Dissertations and Doctoral Studies

Stigma surrounding HIV and AIDS poses a significant threat to the curtailing of the epidemic by acting as a barrier to HIV testing and disclosure of serostatus. Previous research in the United States found personal knowledge of someone with HIV/AIDS to be a predictor of lower levels of HIV/AIDS-related stigma. However, no study to date has examined this relationship in Zimbabweans. Allport's contact hypothesis was hypothesis was the theoretical frame used to assess the effect of direct contact on public attitudes towards people living with the human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) in Zimbabweans with the …

Attitudes Of Southern Baptist Pastors Toward Professional Counseling, Stanley Paul Vespie

Walden Dissertations and Doctoral Studies

While clergy are at the forefront of providing mental health counseling services, many lack confidence in their ability to provide adequate care for those suffering mental health issues and many, across denominations, question the validity and reliability of mental health counseling and are reluctant to make referrals to professional counselors. There remains a gap in the current research literature regarding the views of Southern Baptist pastors. Using conflict theory as the framework for this study, the purpose of this exploratory quantitative study was to determine how 225 Southern Baptist pastors' conservative views, church size, and educational level (the independent variables) …

Adaptations And Continuities In The Use And Design Of Visual Representations In Us Middle School Science Textbooks, Victor R. Lee

Instructional Technology and Learning Sciences Faculty Publications

Visual representations are ubiquitous in modern‐day science textbooks and have in recent years become an object of criticism and scrutiny. This article examines the extent to which changes in representations in textbooks published in the USA over the past six decades have invited those critiques. Drawing from a correlational analysis of a corpus of 34 US middle school physical science textbooks, continuities are established with respect to the purposes that most textbook images serve and the numbers of schematic representations that are used. Changes are observed in the overall total number of representations in textbooks and in the proportion of …

2010-2011 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

A Postscript To Struck By Stereotype, Ruth Bader Ginsburg

Duke Law Journal

No abstract provided.