Digital Commons Network^™

Inherently Female Cases Of Child Abuse And Neglect: A Gender-Neutral Analysis, Suzanne D'Amico

Fordham Urban Law Journal

Tabitha Walrond was a young mother who was found guilty of criminally negligent homicide after her two-month-old son died from malnutrition. This Comment examines how the portrayal of Ms. Walrond by the defense and prosecution, and in the media reflects gender stereotypes in the criminal law and society. The Comment posits the notion that Ms. Walrond was portrayed as either a good or bad mother and once so labeled, the judge, jury and prosecution view her as such, while ignoring her specific situation. As a result, a defendant such as Ms. Walrond may be treated either too harshly or too …

The Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman

Fordham Urban Law Journal

Since the 1990's there has been a continuously growing movement among advertisers to appeal to consumers by touting how environmentally friendly their products are. This note addresses the prominence of misleading and deceptive environmental claims that have prompted appeals for improved federal regulation. Specifically, the Note focuses on the emerging trend of carbon advertising and national and international models that provide guidance on preventing deception. Part I conveys the current status of environmental advertising and the necessary background principles for establishing regulations. Part II details major criticisms of the current environmental advertising guidelines and proposed models for restructuring environmental advertising …

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions, Eugenia Schraa

Fordham Urban Law Journal

This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer's assessment of the defendant's needs. Two federal Circuits allow probation officers to have such discretion; the majority have held that such arrangements violate Article III of the Constitution, which makes imposing a sentence an exclusively judicial task. In this Note, the author investigates the history of delegation of judicial function to non Article-III officers and examines the split in federal courts over this particular issue, ultimately advocating for the adoption of the so-called …

The Problem With Pretext, Lynn E. Blais

Fordham Urban Law Journal

This Article examines the problems with the Supreme Court's holding in Kelo v. City of New London that the concept of public use is expansive unless the government is asserting the public use as a "mere pretext" and the true purpose is private benefit. The author examines the level of scrutiny applied in such cases, the link between pretext and motive, and the tests applied to evaluate pretext challenges: the burden-shifting motives test, the sufficiency of the plan taste, and the benefits to the public test. The author concludes that pretext is an "unworkable mechanism" for evaluating public use cases.

Stern-Gerlach Dynamics With Quantum Propagators, Bailey C. Hsu, Manuel Berrondo, Jean F. Van Huele

Faculty Publications

We study the quantum dynamics of a nonrelativistic neutral particle with spin in inhomogeneous external magnetic fields. We first consider fields with one-dimensional inhomogeneities, both unphysical and physical, and construct the corresponding analytic propagators. We then consider fields with two-dimensional inhomogeneities and develop an appropriate numerical propagation method. We propagate initial states exhibiting different degrees of space localization and various initial spin configurations, including both pure and mixed spin states. We study the evolution of their spin densities and identify characteristic features of spin density dynamics, such as the spatial separation of spin components, and spin localization or accumulation. We …

Teacher Self-Efficacy Beliefs Related To Chronic Disruptive Behavior, Kalinda R. Jones

All-Inclusive List of Electronic Theses and Dissertations

In the current study, elementary teachers' self-efficacy beliefs regarding working with students displaying chronic disruptive behavior (CDB) were explored. CDB was defined as persistent observable actions that have a negative impact on academic or social functioning. To address the infrequently researched construct of self-efficacy beliefs specific to teaching students exhibiting CDB, a modified version of the Teachers' Sense of Efficacy Scale (short form) was used. Factor analysis results indicated the three self-efficacy factors of instructional strategies self-efficacy, classroom management self-efficacy, and student engagement self-efficacy. No significant relationships were found between each of the three types of teacher self-efficacy beliefs and …

Making Willing Bodies: Manufacturing Consent Among Prisoners And Soldiers, Creating Human Subjects, Patriots, And Everyday Citizens, Bernard E. Harcourt

Faculty Scholarship

In March 1944, doctors at the University of Chicago began infecting volunteer convicts at Stateville Prison with a virulent strand of malaria to test the effectiveness and side-effects of potent anti-malarial drugs. According to Dr. Alf Alving, the principal investigator, malaria "was the number-one medical problem of the war in the Pacific" and "we were losing far more men to malaria than to enemy bullets." This refrain would rehearse one of the most productive ways of speaking about prisoner experimentation. The Stateville prisoners became human once again and regained their citizenship and political voice by sacrificing their bodies to the …

Selecting Ell Textbooks: A Content Analysis Of Language-Teaching Models, Jeffrey Labelle

College of Education Faculty Research and Publications

Many middle school teachers lack adequate criteria to critically select materials that represent a variety of L2 teaching models. This study analyzes the illustrated and written content of 33 ELL textbooks to determine the range of L2 teaching models represented. The researchers asked to what extent do middle school ELL texts depict frequency and variation of language-teaching models in illustrations and written texts. Using content analysis, they measured the range of depiction of the 4 language-teaching models and concluded that 4 of the 33 textbooks had considerable to extensive frequency and variation of L2 teaching models

Intraclass Correlation Associated With Therapists: Estimates And Applications In Planning Psychotherapy Research, Scott A. Baldwin, David M. Murray, William R. Shadish, Sherri L. Pals, Jason M. Holland, Jonathan S. Abramowitz, Gerhard Andersson, David C. Atkins, Per Carlbring, Kathleen M. Carroll, Andrew Christensen, Kari M. Eddington, Anke Elhers, Daniel J. Feaster, Ger P. J. Keijsers, Ellen Koch, Willem Kuyken, Alfred Lange, Tania Lincoln, Robert S. Stephens, Steven Taylor, Chris Trepka, Jeanne Watson

Faculty Publications

It is essential that outcome research permit clear conclusions to be drawn about the efficacy of interventions. The common practice of nesting therapists within conditions can pose important methodological challenges that affect interpretation, particularly if the study is not powered to account for the nested design. An obstacle to the optimal design of these studies is lack of data about the intraclass correlation coefficient (ICC), which measures the statistical dependencies introduced by nesting. To begin the development of a public database of ICC estimates, the authors report ICCs for a variety outcomes reported in 20 psychotherapy outcome studies. The magnitude …

Sprucing Up Patent Law, David Vaver

Articles & Book Chapters

This paper, commissioned for the now defunct UK Strategic Advisory Board for Intellectual Property, looks at some aspects of UK patent law and asks whether some of the activities it rewards deserve the protection they get. The argument is that patent law should more precisely match and reward the advance the inventor discloses, that patents should not be granted for activities that need no stimulus or are already adequately stimulated by other intellectual property laws, that specifications should disclose all the inventor knows about the invention to as wide an audience as possible, that only activities the patent holder and …

Taking Stock Of The Assisted Migration Debate, Stepan Wood

Articles & Book Chapters

No abstract provided.

Have The Norms And Jurisprudence Of The African Human Rights System Been Pro-Poor?, Obiora Chinedu Okafor, Basil E. Ugochukwu

Articles & Book Chapters

Drawing upon the important insight of critical human rights scholars that 'pro-human rights' are not necessarily 'pro-poor', this article mainly utilises Baxi's germinal thesis on the emergence of a trade-related market-friendly human rights (TREMF) paradigm (that is slowly but surely displacing what he refers to as the UDHR paradigm, much to the advantage of global capital and the rich/powerful/elite, and greatly to the disadvantage of the poor) in assessing the extent to which the norms and jurisprudence of the African human rights system have been pro-poor. After demarcating its scope, outlining its limitations and offering an explanation of the conception …

"Passing Through The Mirror": Dead Man, Legal Pluralism And The De-Territorialization Of The West, Ruth Buchanan

Articles & Book Chapters

The failures of Western law in its encounter with indigenous legal orders have been well documented, but alternative modes of negotiating the encounter remain under-explored in legal scholarship. The present article addresses this lacuna. It proceeds from the premise that the journey towards a different conceptualization of law might be fruitfully re-routed through the affect-laden realm of embodied experience – the experience of watching the subversive anti-western film Dead Man. Section II explains and develops a Deleuzian approach to law and film which involves thinking about film as ‘‘event.’’ Section III considers Dead Man’s relation to the western genre and …

Waiting For Grapes: Expectancy And Delayed Gratification In Bonobos, Jeffrey R. Stevens, Alexandra G. Rosati, Sarah R. Heilbronner, Nelly Mühlhoff

Department of Psychology: Faculty Publications

Responses to delayed rewards vary widely across individuals and have important implications for personality and temperament. Animals may avoid delayed rewards because the future is uncertain. Therefore, expectations about receiving a future reward should influence the response to delayed payoffs. Here, we offered bonobos (Pan paniscus) a delayed gratification task in which food accumulated over time. Once subjects chose to consume the reward, food stopped accumulating. We tested their willingness to wait with a reliable and an unreliable experimenter to vary the subjects’ expectations that they would receive the food. Subjects waited less often with the unreliable experimenter …

Multiple “Hits” During Postnatal And Early Adulthood Periods Disrupt The Normal Development Of Sensorimotor Gating Ability In Rats, Jing Chen, Zucheng Wang, Ming Li

Department of Psychology: Faculty Publications

In the present study, we evaluated a multiple-hit animal model of schizophrenia in an attempt to capture the complex interactions among various adverse developmental factors in schizophrenia. Sprague–Dawley rats were assigned to receive either repeated daily 3-h maternal separation for eight days (first “hit”) on postnatal days (PND) 3 to 10, and/or avoidance conditioning for six days (second “hit”) on PND 49–56, and/or repeated phencyclidine treatment (third “hit”, 3.0 mg/kg, sc) immediately after each daily avoidance conditioning. Prepulse inhibition (PPI) of acoustic startle reflex was assessed at late adolescence (PND 41–43) and early adulthood (PND 62–63). The change in %PPI …

Co-Creation Of Experiential Qualities, Vuk Uskoković

Pharmacy Faculty Articles and Research

Cognitive sciences have been interminably in search for a consistent philosophical framework for the description of perceptual phenomena. Most of the frameworks in usage today fall in-between the extremes of constructivism and objective realism. However, whereas constructivist cognitive theories face difficulties when attempting to explain the experiential commonality of different cognitive entities, objectivistic theories fail in explaining the active role of the subject in the formation of experiences. This paper undertakes to compare and eventually combine these two major approaches to describing cognitive phenomena. It is argued that constructivist explanations inevitably refer to a ‘hidden’ ontological source of experience, and …

Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon

Studio for Law and Culture

In the canon of Chicano theatre, the law holds a prominent role; the relationship between Chicanos and the law is a theme explored widely across Chicano theatre in both comedy and tragedy. This paper discusses how the comedy of Chicano theatre conceals the insidiousness of unchallenged racial stereotypes and acts as a safety valve to release the pressures of an abjected community. Yet, where comedy conceals the structure of abjection, drama critically challenges the status quo Chicano drama is capable of questioning the authority of the dominant hegemony over the cultures it oppresses. Beginning from a framing of the law …

Common Ground With A Common Faith: Dewey’S Idea Of The “Religious”, Bradley Baurain

Department of Teaching, Learning, and Teacher Education: Faculty Publications

In A Common Faith, Dewey rejects organized religion and belief in the supernatural, instead arguing for an authentically “religious” attitude which this interpretive essay analyzes in terms of four propositions: 1) Knowledge is unifi ed. 2) Knowledge is democratic. 3) Th e pursuit of moral ideals requires moral faith. 4) Th e authority for moral ideals is experience as explored via inquiry. Th e author responds from the perspective of his own religious faith and outlines conceptual relationships with modern spirituality in education writers. Th e common ground is that the “religious” must be seen as a signifi cant way …

Gaps And Strengths In Us Policies On Infant And Young Child Feeding: An Analysis Based On The Global Strategy On Infant And Young Child Feeding, Linda J. Smith

Master of Public Health Program Student Publications

This research project reviews the evidence on the significance of infant and young child feeding to public health goals, analyzes US policy documents in relationship to the Global Strategy using the World Breastfeeding Trends Initiative (WBTi) to quantify the findings into a national score, and then summarizes the gaps and strengths in US policies and makes recommendations. Using the WBTi scoring system, strengths for the US exist in national policy, Baby-Friendly Hospital Initiative, monitoring and evaluation, and complementary feeding. Mother support and community outreach, information and support were moderate. Gaps exist in policies on infant feeding in emergencies and for …

Determining Evidence-Based Practices In Asthma Management, Erin Smiley

Master of Public Health Program Student Publications

Objective: One aim of this study will focus on determining what are evidence-based studies in asthma control. A second aim focuses on determining which asthma interventions, self-monitoring tools and asthma management programs have shown to be the most significant in improving outcomes in patients with asthma. Recommendations will be made to future asthma self-management programs based on the findings.

Methodology: The review of 15 evidence-based research studies is used to identify and analyze the best asthma self-management practices to be implemented in a community health education program. Using the Brownson framework a weighting schema was created based on the level …

Annual Report On Research Activities 2010-2011, Lingnan University (Hong Kong, China)

Annual Report on Research Activities to Research Grants Council

No abstract provided.

Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz

Faculty Articles

This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity. " The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her …

How To Win A Cali Award: Some Personal Advice From Two Law Students Who Have Done It, Stephen E. Schilling, Rebecca M. Greendyke

University of Dayton Law Review

No abstract provided.

Epigenetics As An Explanation For Phenotypic Variation In Monozygotic Twins, Marina Pomerantseva

The Science Journal of the Lander College of Arts and Sciences

The following is the introduction of this article: Researchers often use twins as natural samples to test hypotheses regarding the contribution of genetic factors to different phenotypes, especially diseases. The classical method is comparing traits in identical, or monozygotic (MZ) twins to those of dizygotic (DZ) twins. This method has had a significant impact on our current understanding of etiologic factors in many diseases which do not follow simple Mendelian law (i.e. complex diseases), including schizophrenia, bipolar disease, and major depression.

A Proposed Mechanism For Drug-Induced Nightmares, Isaac Brezner

The Science Journal of the Lander College of Arts and Sciences

The following is the introduction of this article: The fields of neuropharmacology and psychopharmacology are known to be highly connected, despite our severe lack of knowledge in these fields. One of the many overlaps between the two fields is sleep, which itself entails many mechanisms and events which are, as of yet, unexplainable. From the perspective of either field, one of the most mysterious events occurring during sleep is dreaming. From the cause of dreams to their content, little is known about them or their more sinister subclassification: nightmares. In this field of disturbed dreaming, neuropharmacology makes a large intrusion …

Method Matters: Essays On The Interpretation Of The Hebrew Bible In Honor Of David L. Petersen [Review] / Joel M. Lemon And Kent Harold Richards, Eds., Eike Mueller

Andrews University Seminary Studies (AUSS)

No abstract provided.

Distribution And Properties Of Vesicular Horizons In The Western United States, Judith K. Turk, Robert C. Graham

Conservation and Survey Division: Faculty and Staff Publications

Vesicular horizons are thin (usuallycm) surface or near-surface horizons characterized by the predominance of vesicular porosity. Th ey are widespread in arid and semiarid lands, occurring on every continent and covering 156,000 km2 of the western United States. Vesicular horizons have critical implications for management due to their role in controlling surface hydrology and dust mobilization. Th is study evaluates the distribution and varia-tion in expression of vesicular horizons across the western United States using the soil databases available from the USDA. A vesicular horizon index (VHI) that incorporates vesicular horizon thickness and the size and quantity of vesicular pores …

The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank

Richmond Journal of Law & Technology

Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.

Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson

Richmond Public Interest Law Review

This article surveys Virginia's initial foray into health care reform. This process began with the Virginia Health Reform Initiative, which had a significant presence in the Virginia 2011 General Assembly session. While the nascent health care reform efforts this session reflect only incremental steps, they are indicative of Virginia's direction and commitment to change. Such change, however, will carry great political and professional strife. This article highlights some examples of the challenges faced on the road to health care reform and discusses possible directions of future legislation in the Virginia General Assembly.

Notable Bills Of The 2011 General Assembly

Richmond Public Interest Law Review

House and Senate Bills from the 2011 General Assembly