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Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr.

Georgia Law Review

According to the Supreme Court, Article III's extension
of "judicialPower" to "Cases" and "Controversies"limits
standing to plaintiffs who can demonstrate an
individualized "injury in fact" that was caused by the
defendant and that is judicially redressable. Article III's
text and history, however, do not mention "injury,"
"causation,"or "redressability."
Furthermore, these standards are malleable and have
been applied to achieve ideological goals, especially in
cases involving environmental and animal-welfare laws.
Most notably, the Court has recognized an "injury in fact"
to one's aesthetic enjoyment of nature, but determining
such an injury is arbitrarybecause "aesthetics"is a matter
of personal taste. Judges have …

Defense Against Outrage And The Perils Of Parasitic Torts, Geoffrey C. Rapp

Georgia Law Review

Two prominent narratives in tort law scholarship
address the increasing recognition of claims for loss of
emotional tranquility and the expanding privilege to use
force in defense of self and others. This Article explores a
puzzle in tort law that challenges these traditional
accounts. Can force be used to defend against intentional
extreme or outrageous conduct threatening a person with
severe emotional distress? The answer in the case law and
articulated doctrine appears to be "no." The law permits
the use of force to protect dignitary interests, in the case of
offensive battery and assault, but seems to deny the …

Congressional End-Run: The Ignored Constraint On Judicial Review, Luke M. Milligan

Georgia Law Review

This Article identifies an untended connection between
the research of legal academics and political scientists. It
explains how recent developments in constitutional theory,
when read in good light, expose a gap in the judicial
politics literature on Supreme Court decision making. The
gap is the "congressional end-run."
End-runs occur when Congress mitigates the policy cost
of adverse judicial review through neither formal limits on
the Court's autonomy nor substitution of its constitutional

interpretationfor that of the Court, but through a different
decision which cannot, as a practical if not legal matter,
be invalidated by the Court. End-runs come in several …

A Blueprint For Planning And Designing Staged-Authentic Heritage Attractions In Small Island Nations, Earney F. Lasten

Electronic Theses and Dissertations

The purpose of this largely qualitative study was to develop a blueprint for planning and designing a staged-authentic heritage tourist attraction for small island nations. Data were gathered and analyzed in three phases. In Phase I, existing and potential supply, demand, and external variables associated with staged-authentic heritage attractions were identified, and a preliminary planning model and conceptual framework was developed. In Phase II, the model was refined. A blueprint containing seven major questions and 26 sequential steps was developed. In Phase III, the blueprint was tested using focus groups and an online tourist survey in the Caribbean region (Aruba) …

Noneconomic Damage Awards In Veterinary Malpractice: Using The Human Medical Experience As A Model To Predict The Effect Of Noneconomic Damage Awards On The Practice Of Companion Animal Veterinary Medicine, Steve Barghusen

Animal Law Review

Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more …

On The Lamb: Toward A National Animal Abuser Registry, Stacy A. Nowicki

Animal Law Review

A national animal abuser registry has the potential to provide law enforcement agencies with a much-needed tool for tracking animal abusers, but no such registry exists. This Comment first discusses existing state and federal criminal registries for sex offenders, child abusers, and elder abusers. It determines that existing criminal registries often contain inaccurate entries and that they have little deterrent effect, making their potential infringement on offenders’ Constitutional rights and other collateral consequences difficult to justify.

This Comment then turns to the viability of a national animal abuse registry, discussing the link between the abuse of animals and violence towards …

Live Free Or Die: On Their Own Terms: Bringing Animal-Rights Philosophy Down To Earth By Lee Hall, Joel Marks

Animal Law Review

This book review examines Lee Hall’s new book, which presents an innovative animal rights theory: wild animals, due to their autonomous nature, are endowed with rights, but domesticated animals lack rights because they are not autonomous. With that theory in mind, Hall outlines ideas about how humans are obligated to treat both wild and domestic animals. Hall first argues that the rights of wild animals require that humans let them alone. Yet, despite the fact that domestic animals lack rights under Hall’s theory, Hall argues that humans are required to care for them because it is humans who brought them …

Legal Personhood And The Nonhuman Rights Project, Steven A. Wise

Animal Law Review

No abstract provided.

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 Relationships Between Perceived Therapeutic Alliance, Therapist Self-Disclosure, And Dropout Expectancy Among Male Substance Abuse Treatment Participants, Harriett Elizabeth Reeh

Walden Dissertations and Doctoral Studies

There are contrasting views from Freudian, humanistic, and feminist theorists regarding whether therapist self-disclosure (TSD) affects the relationship between the therapeutic alliance (TA) and dropout of substance abuse treatment by males. However, there is a paucity of research regarding these topics yet therapists need clear empirical support for the use of TSD in enhancing the TA such that dropout can be averted. This study investigated whether or not TSD moderated the relationship between perceived TA and dropout expectancy. The research participants were 132 men attending residential substance abuse treatment. Four groups of men were randomly assigned to 1 of 4 …

Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson

Faculty Scholarship

Standard-form contracts are a common feature of commercial relationships because they offer the advantage of lower transaction costs. This advantage of standard contracts is increased when there is a second layer of standardization under which multiple firms agree on a standard contract. Trade associations and similar entities often effect standardization of this kind through collective agreement on a standard contract, sometimes under the aegis of state actors. Multifirm contract standardization can provide not only the usual transaction-cost advantages of standard-form contracts, but also increased competition among firms, because a standard contract makes comparison among firms’ offerings easier. But standardization among …

Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin

Faculty Scholarship

Public confidence in the judiciary's integrity is critical, and

Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, Helen Shin

Faculty Scholarship

The African grassroots movement to eradicate female genital mutilation (also known as “female genital cutting” and “female circumcision,” hereinafter “FGM”) is widespread. While many African countries and grassroots organizations have made great strides in their efforts to eliminate FGM, Sierra Leone lags behind. In Sierra Leone, FGM is practiced within the bondo secret society, an ancient, all-female commune located in West Africa and also known as the sande. The bondo society’s traditional role was to direct girls’ rites of passage into adulthood. In order to become a member of the bondo, a girl or woman must undergo various rituals, the …

Desert, Deontology, And Vengeance First Annual Edward J. Shoen Leading Scholars Symposium: Paul H. Robinson, Youngjae Lee

Faculty Scholarship

In a series of recent writings, Paul Robinson has defended “empirical desert” as the way of deriving distributive principles for determining who should be punished and by how much. Desert is, of course, an idea with a long history, and its precise role in criminal law has been much debated. In addressing various criticisms of desert in criminal law, Robinson distinguishes empirical desert from what he calls “deontological desert” and “vengeful desert.” Robinson’s strategy, which I call “divide and deflect,” fights off various objections traditionally leveled against the use of desert in criminal law by arguing that most of those …

You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Steve Thel, Peter Siegelman

Faculty Scholarship

Contract law is generally understood to require no more of a person who breaches a contract than to give the injured promisee the "benefit of the bargain." The law is thus assumed to permit a promise-breaker to keep any profit remaining from breach, after putting the victim in the position he would have been in had the promise been performed. This conventional description is radically wrong: across a wide range of circumstances, standard contract doctrines actually do require people to keep their promises, or to disgorge their entire profit from breach if they do not. Rather than protecting the expectation …

Perspectives Of Executive Women: Life Choices And Balancing Career With Marriage And Children, Wendy James

Walden Dissertations and Doctoral Studies

This qualitative study investigated the experiences of executive women and their choices in balancing work with marriage and children. Research on women in the workplace tends to conflate categories of hourly workers, part-time employees, and middle- and upper-management careers. Yet, the literature on balancing career and family life does not adequately portray the experiences of executive women. The purpose of the study was to discover executive women's perceptions about their career, how they chose their path, and how their career choices affected their decisions about marriage and children. The research questions for this study examined: (a) The effect of executive …

Examining The Perceptions Of School Violence Through The Views Of Middle School Students, Parents, Teachers And Community Members, Teresa Bellflower

Walden Dissertations and Doctoral Studies

The purpose of this study was to determine how middle school students, parents, teachers, and community members perceived acts of violence. It focused indirectly on how a small community was impacted following a hostage situation. The theoretical framework for this study draws from the theories of violence as described by Aisenberg and Ell, Canady, Gottfredson and Hirschi, and Miller. In this qualitative study the research questions focused on perceptions of school violence acts and potential influences' on the participants in this study. The participants consisted of 6 middle school students, 4 middle school parents, 4 school officials, and 4 community …

Job Satisfaction, Job Involvement, And Perceived Organizational Support As Predictors Of Organizational Commitment, Jennifer Parker Ayers

Walden Dissertations and Doctoral Studies

The purpose of this study was to determine whether or not there is a significant relationship between job satisfaction, job involvement, perceived organizational support, and organizational commitment among educators. A review of the literature revealed there is limited research that examined organizational behaviors among educators. Organizational commitment has been identified as a leading factor impacting an employee's level of success in various organizations. There remains a gap in the current literature regarding specific attitudinal behaviors influencing organizational commitment across various levels of education. Organizational commitment among educators employed at the primary, secondary, and postsecondary levels was examined. The sample for …

Empowering Adolescents: A Multiple Case Study Of U.S. Montessori High Schools, Wendy J. Larue

Walden Dissertations and Doctoral Studies

The standards-based, teach-and-test methods that have come to proliferate secondary education since the inception of the No Child Left Behind Act (NCLB) fail to adequately prepare students for higher education and employment. This system lacks opportunities for developing 21st century skills such as higher-level thinking, problem solving, and group dynamics, as well as opportunities for fostering spiritual growth and personal development. This problem impacts graduates of U.S. high schools because they are unprepared for higher education and the 21st century workplace. Using qualitative multiple case study methodology, this study examined five U.S. Montessori high schools through the lens of cultural-historical …

The Impact Of Symptom Severity On Parent-Child Interaction And Relationships Among Children With Autism, Nicole M. Beurkens

Walden Dissertations and Doctoral Studies

Recent estimates indicate that 1 in 100 children in the United States is diagnosed on the autism spectrum. Although research has demonstrated the bidirectional nature of parentchild relations, the effect of child autism symptom severity on parent-child interaction and overall relationships has not yet been explored. This study examined the impact of child symptom severity in children ages 4-15 years, as measured by the Autism Diagnostic Observation Schedule (ADOS), on parent-child interaction, as measured by the Dyadic Coding Scale (DCS), and parent-child relationships, as measured by the Parent Child Relationship Inventory (PCRI). The bidirectional model of socialization informs the study, …

Project Study: An Action Plan For Implementing Response To Intervention, Leah W. Hamilton

Walden Dissertations and Doctoral Studies

The Individuals with Disabilities Education Improvement Act of 2004 allows schools to utilize response to intervention (RtI) as early intervention to prevent at-risk students from becoming labeled as learning disabled. Using action research methodology and school change theory, the purpose of this project study was to determine the RtI implementation needs of a rural elementary school (LE). The guiding research question was to identify the components of an RtI framework currently being utilized during the pre-referral process at LE. This study employed a qualitative method triangulation design to analyze data from key stakeholders including questionnaires; individual interviews from six reading …

Interpretation, Sincerity & "Theory", John Gibson

Contemporary Aesthetics (Journal Archive)

No abstract provided.

The Value Of Fictional Worlds (Or Why 'The Lord Of The Rings' Is Worth Reading), James Harold

Contemporary Aesthetics (Journal Archive)

Some works of fiction are widely held by critics to have little value, yet these works are not only popular but also widely admired in ways that are not always appreciated. In this paper I make use of Kendall Walton’s account of fictional worlds to argue that fictional worlds can and often do have value, including aesthetic value, that is independent of the works that create them. In the process, I critique Walton’s notion of fictional worlds and offer a defense of the study and appreciation of fictional worlds, as distinguished from the works of fiction with which they are …

Sailing The Seas Of Cheese, Erik Anderson

Contemporary Aesthetics (Journal Archive)

Memphis Elvis is cool; Vegas Elvis is cheesy. How come? To call something cheesy is, ostensibly, to disparage it, and yet cheesy acts are some of the most popular in popular culture today. How is this possible? The concepts of cheese, cheesy, and cheesiness play an important and increasingly ubiquitous role in popular culture today. I offer an analysis of these concepts, distinguishing them from nearby concepts like kitchy and campy. Along the way I draw attention to the important roles of cultural/historical context, background knowledge, and especially artist’s intentions as they are relevant to aesthetic assessments involving cheese and …

An Exploratory Analysis Of Health Insurance Decisions Among Rural Western Montana Small Business Owners, Rebecca Esther Goe

Graduate Student Theses, Dissertations, & Professional Papers

For decades small business owners have been struggling to offer health insurance to their employees. Health insurance reform has been an issue of contention over the last few decades, culminating in the passage of the Patient Protection and Affordable Care Act on March 23,2010. One measure policy makers took to increase access to health insurance was to provide incentives to small business owners to offer health insurance. However, prior research has indicated that economic incentives alone do not guarantee the provision of health insurance coverage by small business owners. Previous research has rarely examined the noneconomic (social/cultural) factors behind why …

Issues In The Analysis Of Focus Groups: Generalisability, Quantifiability, Treatment Of Context And Quotations, Lilla Vicsek

The Qualitative Report

In this paper I discuss some concerns related to the analysis of focus groups: (a) the issue of generalisation; (b) the problems of using numbers and quantifying in the analysis; (c) how the concrete situation of the focus groups could be included in the analysis, and (d) what formats can be used when quoting from focus groups. Problems with respect to generalisation are discussed; types of generalisation are presented which can be used in focus group research. Arguments are made against using a primarily quantitative perspective in the evaluation of focus group data. It is argued that the situation of …

The Impact Of Direct And Indirect Experiences On The Development Of Environmental Knowledge, Attitudes, And Behavior, Mat D. Duerden, Peter A. Witt

Faculty Publications

This study employed a mixed-methods design to examine the relationship between nature experience type (e.g., direct and indirect) and learning outcomes (e.g., environmental knowledge, attitudes, and behavior) associated with an environmental education, international immersion program for adolescents. Longitudinal data from 108 participant and 49 comparison group members were analyzed to test the study’s hypotheses. Additionally, qualitative data were analyzed using grounded theory methodology to assess participants’ perceptions of these processes. The findings indicate that environmental knowledge increased more than environmental attitudes during the indirect portion of the program (i.e., preparatory program) whereas the direct portion (i.e., international workshop) produced similar …

Building A Community Of Shalom: What The Bible Says About Multicultural Education, Heekap Lee

International Christian Community of Teacher Educators Journal

Multicultural education is a highly controversial topic in which it has been the center of contentions and conflicts as it has evolved for the last couple of decades. Several concerns and problems existed in the field of multicultural education will be addressed in this article. In addition, a new framework of multicultural education, called the shalom model, which is drawn from the Bible is presented, along with the characteristics of the model. The goal of multicultural education, according to this model, is to build a community of shalom, an image that is clearly described in Isaiah 11:6. In order to …

Core Competencies And Christian Education: An Integrative Approach To Education In Marriage And Family Therapy Programs, Thomas V. Frederick Ph.D., Laura L. Steele

International Christian Community of Teacher Educators Journal

For educating marriage and family therapy (MFT) students, there has been an increasing emphasis on their ability to demonstrate a series of core competencies as identified by the American Associate for Marriage and Family (AAMFT) (Nelson et al., 2007). This type of therapist education from outcome-based education (OBE) fosters the characteristics or worldview associated with educational institutions and the profession. At the most general level, OBE is education or socialization into the professional MFT worldview. As a corrective to this, there is a need to seek this moral character in a Christian worldview which emphasizes a metanarrative informed by the …

Special Education And Spiritual Formation, David W. Anderson

International Christian Community of Teacher Educators Journal

Faith-learning integration is a complex and sometimes challenging issue for university faculty, and something which our students have not likely engaged in. Rather than “integration,” emphasis will be on how Christian thought informs educational practice, and contributes to our spiritual formation, igniting flames of faith-learning and helping prepare caring and competent teachers.