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2010

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Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov Dec 2010

Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov

William & Mary Law Review

How would Congress act in a world without judicial review? Can
lawmakers be trusted to police themselves? This Article examines
Congress’s capacity and incentives to enforce upon itself “the law of
congressional lawmaking”—a largely overlooked body of law that is
completely insulated from judicial enforcement. The Article explores
the political safeguards that may motivate lawmakers to engage in
self-policing and rule-following behavior. It identifies the major
political safeguards that can be garnered from the relevant legal,
political science, political economy, and social psychology scholarship,
and evaluates each safeguard by drawing on a combination of
theoretical, empirical, and descriptive studies about …


The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat Dec 2010

The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat

William & Mary Law Review

This Article argues that employee noncompetition agreements ought to be unenforceable. It begins by recognizing that there is momentum for change in the law of noncompetes: a number of states and the American Law Institute (ALI) are in the process of reconsidering noncompete doctrine, and recent empirical studies provide evidence as to the mostly negative effects of the agreements. Existing critiques have focused on the problematic nature of noncompetes within the employment relationship. This Article synthesizes those critiques, adding support from empirical studies, and then examines noncompetes from a new perspective.

Commentators have neither recognized nor evaluated the role noncompetes …


Rejecting Refugees: Homeland Security's Administration Of The One-Year Bar To Asylum, Philip G. Schrag, Andrew I. Schoenholtz, Jaya Ramji-Nogales, James P. Dombach Dec 2010

Rejecting Refugees: Homeland Security's Administration Of The One-Year Bar To Asylum, Philip G. Schrag, Andrew I. Schoenholtz, Jaya Ramji-Nogales, James P. Dombach

William & Mary Law Review

Since 1980, the Refugee Act has offered asylum to people who flee to the United States to escape persecution in their homeland. In 1996, however, Congress amended the law to bar asylum—regardless of the merits of the underlying claim—for any applicant who fails to apply within one year of entering the United States, unless the applicant qualifies for one of two exceptions to the rule.

In the years since the bar was established, anecdotal reports have suggested that genuine refugees, with strong claims to asylum, have been rejected solely because of the deadline. Many scholars and practitioners suspected that this …


The Chicago Experiment: Finding The Voice And Charting The Course Of Religious Education In The Church, Casey P. Griffiths Dec 2010

The Chicago Experiment: Finding The Voice And Charting The Course Of Religious Education In The Church, Casey P. Griffiths

BYU Studies

In many professions, Latter-day Saints often struggle to find harmony between their religion and their career. This has been especially true in academia, in most of its diverse disciplines. These challenges were particularly fierce when the Church began developing its own corps of professional religious educators to teach and lead in the newly founded seminary and institute programs of the early twentieth century. In the early 1930s, religious educators in the Church developed a close relationship with the School of Divinity at the University of Chicago. Eleven young Latter-day Saint scholars earned advanced degrees at the school at the Church's …


The Effect Of The Involvement Within Career Academies By Elective Participation Of Eleventh And Twelfth Grade High School Students During The Implementation Year, Nancy A. Johnston Dec 2010

The Effect Of The Involvement Within Career Academies By Elective Participation Of Eleventh And Twelfth Grade High School Students During The Implementation Year, Nancy A. Johnston

Student Work

The purpose of this study was to determine the effect of elective participation in one of three implementation year Career Academies, Education, Entrepreneurship, or Finance, on upper-class high school academic grades, Grade Point Average, and school academy participation measures. Significance of the junior and senior year of high school, the meaning of a high school diploma and graduation requirements, and the connection to preparation for postsecondary studies and the world of work, career readiness, have become a focus of high school improvement efforts throughout the country. The implementation of the Millard Public Schools Career Academies in August of 2009 was …


Factors Affecting Literacy Achievement Of Eighth Grade Middle School Instrumental Music Students, Johnny T. Brauch Kurt Dec 2010

Factors Affecting Literacy Achievement Of Eighth Grade Middle School Instrumental Music Students, Johnny T. Brauch Kurt

Student Work

The purpose of this pretest-posttest comparative efficacy study was to analyze factors affecting literacy achievement of eighth grade middle school instrumental music students (n = 38) including (a) socioeconomic status (SES), (b) gender, (c) grade point average (GPA), (d) music motivation, (e) music involvement, and (f) instrument section. The findings of this study indicate that, utilizing the Iowa Tests of Basic Skills (ITBS) reading comprehension, reading vocabulary, and science subtests and the Northwest Evaluation Association (NWEA) Reading Measure of Academic Progress (MAP) as the dependent variables for each of the six independent variables, significant growth over time was made in …


President Obama’S Policy Agenda In The Supreme Court: What We Know So Far From The Office Of The Solicitor General’S Service As Amicus Curiae, Karen Swenson Dec 2010

President Obama’S Policy Agenda In The Supreme Court: What We Know So Far From The Office Of The Solicitor General’S Service As Amicus Curiae, Karen Swenson

Southern Illinois University Law Journal

One window into the soul of a presidential administration is the work of the Office of the Solicitor General (OSG), the representative of the executive branch before the Supreme Court of the United States. This could be particularly true in the case of a president who is a lawyer with work experience as a law professor. This article examines the Obama administration’s OSG efforts in filing voluntary amicus curiae briefs before the Supreme Court. In performing this task, the OSG is at the height of its discretion vis-à-vis the demands, implicit or otherwise, of the Supreme Court and most free …


Policy Transfer, Diffusion, And Institutional Change Under Uncertainty: The Role Of Policy Ideas, Yooil Bae Dec 2010

Policy Transfer, Diffusion, And Institutional Change Under Uncertainty: The Role Of Policy Ideas, Yooil Bae

Research Collection School of Social Sciences

No abstract provided.


Unattainable Beauty: An Analysis Of The Role Of Body Shame And Self-Objectification In Hopelessness Depression Among College-Age Women, Meredith A. Evans Dec 2010

Unattainable Beauty: An Analysis Of The Role Of Body Shame And Self-Objectification In Hopelessness Depression Among College-Age Women, Meredith A. Evans

Graduate Doctoral Dissertations

Despite substantial evidence that women suffer from depression at twice the rate of men, the etiology for this difference remains unclear. Prior to puberty, the difference in depression is negligible; however, when adolescence begins, a precipitous rise in female depression occurs that persists across the lifespan. While no definitive biological change has been linked to this phenomenon, objectification theory (Frederickson & Roberts, 1997) can be used to gain insight into the social influences at play during that transitional period. This study of 269 undergraduate women from a northeastern university used structural equation modeling to propose a path leading from self-objectification …


Space And Power In The Ivory Tower: Decision Making In Public Higher Education, Sandra Mccoskrie Blanchette Dec 2010

Space And Power In The Ivory Tower: Decision Making In Public Higher Education, Sandra Mccoskrie Blanchette

Graduate Doctoral Dissertations

The challenges of managing physical space in public higher education are often left unspoken and under researched. In this multiple case study of three urban universities, decision-making processes are examined with particular attention to who has institutional decision-making authority. Effective and efficient space management is important because the use of space on campus can contribute to research and practice by promoting innovation and collaboration or can isolate individuals and departments in silos. This study identifies three distinct challenges related to space management on campus: the quality of space, the location of space, and the quantity of space. The research findings …


The Effects Of Childbearing Patterns On The Timing Of Retirement, Hsiao-Yin Chung Dec 2010

The Effects Of Childbearing Patterns On The Timing Of Retirement, Hsiao-Yin Chung

Graduate Doctoral Dissertations

The effects of childbearing patterns on the timing of men's and women's retirement were examined. The data for this study come from the Health and Retirement Study, waves 1-7: 1992, 1994, 1996, 1998, 2000, 2002, and 2004. A proportional hazard model (Cox regression) was chosen for this study. Two measures of retirement were considered: labor force exit and self-defined retirement. The results indicated that men with dependent children are more likely to postpone the timing of labor force exit and their self-definition as retired. At the same time, the study indicated that the presence (or absence) and timing of early …


December 2010 Commencement Program, Bowling Green State University Dec 2010

December 2010 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.


In Service Of Mission: Assessing Catholic School Guidance Counselors, Robert J. Murray, Kristy S. Kane Dec 2010

In Service Of Mission: Assessing Catholic School Guidance Counselors, Robert J. Murray, Kristy S. Kane

Journal of Catholic Education

Catholic schools are set apart from public schools in that Catholic schools aim to create for the school community an atmosphere enlivened by the Gospel spirit of freedom and charity. Those who serve in Catholic schools, therefore, need to understand their role as unique, that is, faith driven. The purpose of this study was to assess this uniqueness as understood and practiced by Catholic school counselors. The findings of this study note positive trends among Catholic school counselors, particularly in terms of academic preparation and training as well as some incorporation of Catholic identity and mission into their ministry with …


Spiritual Vs. Religious: Perspectives From Today's Undergraduate Catholics, Dawn V. Overstreet Dec 2010

Spiritual Vs. Religious: Perspectives From Today's Undergraduate Catholics, Dawn V. Overstreet

Journal of Catholic Education

Contemporary American college students simultaneously express both increased interest in spirituality and declining interest in traditional religion. Recent research recognizes the trend of young adults separating spirituality from religion, but utilizes varied definitions of each term developed by the researchers. This study asks students directly whether and how they differentiate spirituality from religion. The purpose of this article is to examine how undergraduate Catholics attending a Catholic university conceive of themselves as spiritual or religious and the differences, if any, between the two descriptors. The perspectives of 20 young adults of various programs of study and self-described degrees of spirituality …


Journal Of Sociology & Social Welfare Vol. 37, No. 4 (December 2010) Dec 2010

Journal Of Sociology & Social Welfare Vol. 37, No. 4 (December 2010)

The Journal of Sociology & Social Welfare

SPECIAL ISSUE ON HOMELESSNESS IN CANADA

  • INTRODUCTION TO THE SPECIAL ISSUE: HOMELESSNESS IN CANADA - John R. Graham and Jeannette Waegemakers Schiff, Special Editors
  • PERSPECTIVES OF EMPLOYED PEOPLE EXPERIENCING HOMELESSNESS OF SELF AND BEING HOMELESS: CHALLENGING SOCIALLY CONSTRUCTED PERCEPTIONS AND STEREOTYPES - Micheal L. Shier, Marion E. Jones, and John R. Graham
  • THE ECONOMICS OF BEING YOUNG AND POOR: HOW HOMELESS YOUTH SURVIVE IN NEOLIBERAL TIMES - Jeff Karabanow, Jean Hughes, Jann Ticknor, Sean Kidd, and Dorothy Patterson
  • OUT OF THE FRYING PAN, INTO THE FIRE: TRAUMA IN THE LIVES OF HOMELESS YOUTH PRIOR TO AND DURING HOMELESSNESS - John …


A Study Of The Perceived Effects Of School Culture On Student Behaviors., Linda Cox Story Dec 2010

A Study Of The Perceived Effects Of School Culture On Student Behaviors., Linda Cox Story

Electronic Theses and Dissertations

Research has confirmed that the behaviors of human beings are influenced by their social environments. The school is the principal social environment of adolescents; thus, the school environment necessarily influences the behaviors of students to some degree.

This research project used the interview method to focus on perceptions of school personnel with regard to the elements of school culture that may negatively influence students' behaviors both inside and outside the school environment. The primary influences of school culture on students' behaviors were found to be peers, teachers, administrators, and parent involvlement. Governmental regulations, including those resulting from the Individuals with …


Effect Of Stress On Mucin Expression In The Gastrointestinal Tract Of Mice., Bupe Martha Habiyambere Dec 2010

Effect Of Stress On Mucin Expression In The Gastrointestinal Tract Of Mice., Bupe Martha Habiyambere

Electronic Theses and Dissertations

This study investigated the effects of chronic stress on mucin expression in the GIT of mice. Sixteen ICR male mice were randomly divided into treated and control animals. Restraint stress was applied to the treated group for 21 days. Body weight (BW) changes and feed consumed (FC) were regularly recorded. After 21 days mice were euthanized and blood, GIT mucosa, and GIT sections were collected. Serum corticosterone levels were determined. The GIT sections were fixed, paraffin embedded, sectioned, and stained with AB-PAS to visualize goblet cells. Mucin expression was determined using qPCR. As expected stressed mice showed higher corticosterone than …


New Illinois Legislation Regulating Sterilization Of Wards: Does It Provide Adequate Protection?, Miranda K. Pollak Dec 2010

New Illinois Legislation Regulating Sterilization Of Wards: Does It Provide Adequate Protection?, Miranda K. Pollak

DePaul Journal of Health Care Law

No abstract provided.


How Much Anguish Is Enough? Baby Switching And Negligent Infliction Of Emotional Distress, Marc D. Ginsberg Dec 2010

How Much Anguish Is Enough? Baby Switching And Negligent Infliction Of Emotional Distress, Marc D. Ginsberg

DePaul Journal of Health Care Law

No abstract provided.


Mother And Daughter Communication About Sexual Health In Rural Kenya, Jessica Velcoff Dec 2010

Mother And Daughter Communication About Sexual Health In Rural Kenya, Jessica Velcoff

College of Liberal Arts & Social Sciences Theses and Dissertations

The present study focused on young women, and the manner in which communication with their mothers may facilitate decreased sexual risk behaviors in rural Kenya. With regard to sexual behaviors, Hutchinson and Wood (2007) developed the parent-based expansion of the theory of planned behavior (PETPB). The PETPB is a theoretical framework that builds upon the theory of planned behavior, to include the influence of parents in understanding adolescent sexual risk behavior. The present study was guided by the PETPB and explored communication, knowledge of sexuality and sexual health, and preventative behaviors among rural secondary school aged Kenyan young women (15 …


Characterizing Dietary Intake And Physical Activity Affecting Weight Gain In Kidney Transplant Recipients, Connie Klopfenstein Cupples Dec 2010

Characterizing Dietary Intake And Physical Activity Affecting Weight Gain In Kidney Transplant Recipients, Connie Klopfenstein Cupples

Theses and Dissertations (ETD)

Weight gain following kidney transplant is a significant problem with 50 to 90% of kidney transplant recipients gaining weight. Potential factors leading to weight gain following kidney transplantation have been thought to include a change in lifestyle such asdietary intake and physical activity, along with the use of immunosuppressant medications to preserve the newly implanted organ. Other influences affecting weight gain include genetic determinates such as age, gender and race. There is little data to confirm which of these factors may indeed lead to weight gain and obesity. The purpose of this study was to examine dietary intake and physical …


Coping Style And Blood Pressure In African Americans: The Jackson Heart Study, Sandra Henley Williams Dec 2010

Coping Style And Blood Pressure In African Americans: The Jackson Heart Study, Sandra Henley Williams

Theses and Dissertations (ETD)

Objective: To explore the relationship between coping style and blood pressure in African American men and women.

Participants: This descriptive correlational study consisted of 4354 adult men (n = 1557) and women (n = 2797) enrolled in the Jackson Heart Study (JHS) who completed the Coping Strategies Short-Form (CSI-SF).

Results: Coping style mean score comparisons showed that JHS participants used engagement coping styles more than disengagement coping styles. The PFE subscale had the highest mean score (15.10 ± 2.63) with 75% of the PFE scores under 17.00 and 75% of EFE scores were below 15.00. Comparatively, 75% of PFD scores …


Application Of Check In-Check Out As A Targeted Intervention To Increase Appropriate Behavior In At-Risk High School Students, Lauren Lestremau Harpole Dec 2010

Application Of Check In-Check Out As A Targeted Intervention To Increase Appropriate Behavior In At-Risk High School Students, Lauren Lestremau Harpole

Master's Theses

The purpose of the present study was to evaluate the effectiveness of Check In-Check Out (CICO) in increasing appropriate behavior and decreasing disruptive behavior of three students in south Mississippi who were referred for behavioral problems, a multiple baseline across students design was employed. Target students' levels of appropriate behavior and frequency of disruptive behavior over time were compared through evaluation of daily behavior report card (DBRC) point data and rates of office discipline referrals (ODRs). Treatment integrity was assessed. The current study serves as one of the few studies in the CICO literature to (a) implement ClCO in a …


Interpretation Training Influences Memory For Prior Interpretations, E. Salemink, Paula T. Hertel, B. Mackintosh Dec 2010

Interpretation Training Influences Memory For Prior Interpretations, E. Salemink, Paula T. Hertel, B. Mackintosh

Psychology Faculty Research

Anxiety is associated with memory biases when the initial interpretation of the event is taken into account. This experiment examined whether modification of interpretive bias retroactively affects memory for prior events and their initial interpretation. Before training, participants imagined themselves in emotionally ambiguous scenarios to which they provided endings that often revealed their interpretations. Then they were trained to resolve the ambiguity in other situations in a consistently positive (n = 37) or negative way (n = 38) before they tried to recall the initial scenarios and endings. Results indicated that memory for the endings was imbued with …


Young's Schema Theory: Exploring The Direct And Indirect Links Between Negative Childhood Experiences And Temperament To Negative Affectivity In Adulthood, Mark S. Jesinoski Dec 2010

Young's Schema Theory: Exploring The Direct And Indirect Links Between Negative Childhood Experiences And Temperament To Negative Affectivity In Adulthood, Mark S. Jesinoski

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Young's schema theory offers a theoretical approach that relates negative childhood experiences, temperament, and early maladaptive schema, to the experience of negative affect and/or depression in adulthood. However, despite the widespread use of schema therapy in clinical practice, little research has explored the pathways theorized by Young. This study explored the pathways posited by Young and colleagues looking at the direct and indirect relationships among negative childhood experience, temperament, early maladaptive schema, and the experience of negative affect in adulthood. Self-report data were collected from 365 undergraduate students. Results demonstrated consistent and robust direct relationships between temperament and negative affect, …


The Rhetoric Of Space In The Design Of Academic Writing Locations, Amanda Nicole Metz Bemer Dec 2010

The Rhetoric Of Space In The Design Of Academic Writing Locations, Amanda Nicole Metz Bemer

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

This dissertation explores the rhetoric of space as it relates to academic computer writing locations--specifically, computer labs, computer classrooms, and writing centers. Using observation, surveys, interviews, and textual analysis, the author discusses seven rhetorical principles of design for these spaces, including designing for specific audiences, attention, clarity, enthymematic flexibility, identification, pathos, and shared ethos. Ultimately, applying a rhetorical gaze to these areas can help us to design more effective computer spaces in academia.


Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller Dec 2010

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller

All Faculty Scholarship

Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of …


Does Affective Commitment Decrease The Level Of Stress Reported In Teachers? A Comparison Of Primary And Secondary School Teachers, Rhiannon Williams Dec 2010

Does Affective Commitment Decrease The Level Of Stress Reported In Teachers? A Comparison Of Primary And Secondary School Teachers, Rhiannon Williams

The Plymouth Student Scientist

Occupational stress has been established as a predictor of low physical and psychological well-being. Organisational commitment can act as a buffer to the adverse effects of stress. Two types of commitment (affective and continuance) were studied to determine whether they have the same buffering effect. The ASSET questionnaire was completed by 112 teachers (52 primary, 60 secondary). The two types of commitment differed in their effect on stress, with high affective commitment leading to lower levels of stress and high continuance commitment resulting in higher levels of stress. No difference was found between the reported stress levels of primary and …


Attachment Theory As A Predictor Of Communicative Responses To Infidelity, Sandra Donovan Dec 2010

Attachment Theory As A Predictor Of Communicative Responses To Infidelity, Sandra Donovan

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study set out to determine one’s communicative responses to infidelity as predicted by attachment style. Three hundred and ninety-two participants responded to a measure of attachment and were then randomly assigned to one of three scenarios: imagining a partner’s sexual infidelity, imagining a partner’s emotional infidelity and imagining a partner’s combined sexual and emotional infidelity. Participants then responded to a communicative response scale in reaction to the scenario. Results showed moderate support for attachment theory. Additional analysis revealed responses differed by infidelity type. Limitations and implications are discussed.


Resilience In Family Members Of Persons With Serious Mental Illness, Jaclene Zauszniewski, Abir K. Bekhet, M. Jane Suresky Dec 2010

Resilience In Family Members Of Persons With Serious Mental Illness, Jaclene Zauszniewski, Abir K. Bekhet, M. Jane Suresky

College of Nursing Faculty Research and Publications

This integrative review summarizes current research on resilience in adult family members who have a relative with a diagnosed mental disorder that is considered serious. Within the context of resilience theory, studies identifying risk/vulnerability and positive/protective factors in family members are summarized, and studies examining seven indicators of resilience, including acceptance, hardiness, hope, mastery, self-efficacy, sense of coherence, and resourcefulness, are described. Implications for clinical practice and recommendations for future research are presented.