Digital Commons Network^™

Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro

All Faculty Scholarship

This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful …

Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Robert H. Lande, Joshua P. Davis

All Faculty Scholarship

This article shows that private enforcement of the U. S. antitrust laws-which usually is derided as essentially worthless-serves as a more important deterrent of anticompetitive behavior than the most esteemed antitrust program in the world, criminal enforcement by the Antitrust Division of the U.S. Department of Justice.

The debate over the value of private antitrust enforcement long has been heavy with self-serving assertions by powerful economic interests, but light on factual evidence. To help fill this void we have been conducting research for several years on a variety of empirical topics. This article develops and then explores the implications of …

The American "Rule": Assuring The Lion His Share, James Maxeiner

All Faculty Scholarship

Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in the world. When American civil procedure took shape in the 1840s, American lawyers thought that losing parties ought to indemnify winning parties against all expenses of lawsuits. Yet today, attorneys’ fees – the lion’s share of expenses in the words of the General Report – are not allocated this way. By practice – and not by legal rule – attorneys’ fees fall on the parties that incur them. Those fees are not set by statute or court decision, but by agreement between parties and …

Civilizing American Civil Justice: International Insights, James Maxeiner, Gyooho Lee, Armin Weber

All Faculty Scholarship

In 1776, when Americans declared independence from Britain, they also declared their rights. Their declarations of rights count “open courts” as among the best means for constitutional development. Open courts should secure to every man, without regard to wealth, a just remedy for every wrong suffered, according to the law of the land, by fair and speedy procedure.

Since 1776 Americans have invested heavily in creating open courts. They have been disappointed by returns that fall “far short of perfection” (Maurice Rosenberg). They have found reform to be an “unending effort to perfect the imperfect” (Jay Tidmarsh).

That Americans have …

U.S. Law Of The Sea Cruise To Complete The Mapping Of Necker Ridge, Central Pacific Ocean, James V. Gardner, Brian R. Calder

Center for Coastal and Ocean Mapping

U.S. Law of the Sea Cruise to Complete the Mapping of Necker Ridge, Central Pacific Ocean

CRUISE KM1121

July 31, to August 10, 2011

Honolulu, HI to Honolulu, HI

Harsh Parenting And Encouragement From Parents During Childhood: Long-Term Effects On Well-Being, Mental Health, And Major Illness, Ahmed Alkhalaf

Other Faculty of Science and Engineering Theses

This thesis examines long-term, negative consequences of various behaviours characteristic of negative parenting styles, specifically verbal maltreatment (insulting children), physical maltreatment (beating or hitting children), and lack of encouragement. Psychological scales were employed to explore the relationship of each of these factors to mental and physical health in adults. As a part of this research, a new questionnaire, the Arabic Parenting Style Questionnaire (APSQ), was developed and compared with existing measures. Seven separate studies were conducted with Saudi Arabian participants in order to investigate the questions put forth in this thesis. To explore the impact of harsh parenting and emotional …

Life Cycle Assessment Of Flax Fibres, Nilmini Pj Dissanayake

Other Faculty of Science and Engineering Theses

This thesis aims to investigate the sustainability of bast fibres specifically flax fibres as the reinforcement for polymer matrix composites (referenced to glass fibres) by undertaking a quantitative Life Cycle Assessment using the eight environmental impact classification factors of global warming, acidification, eutrophication, human toxicity, aquatic toxicity, ozone depletion, photochemical oxidants creation and non-renewable/abiotic resource depletion. A data set was compiled from numerous literature sources to complete the Life Cycle Inventory for the production of flax fibres. Three scenarios were studied for the production of either flax sliver (pre-spun fibre) or yarn (post-spun fibre): low (no-till combined with warm water …

The Ecotoxicology Of Engineered Nanoparticles To Freshwater Fish, Benjamin John Shaw

Other Faculty of Science and Engineering Theses

The use of nanoscale materials is growing exponentially, but there are also concerns about the environmental hazard to aquatic biota. Metal-containing engineered nanoparticles (NPs) are an important group of these new materials, and whilst there are undoubtedly a plethora of beneficial uses for these NPs, it is essential that an appropriate risk assessment is carried out in order to protect the environment and human health, with the consumption of contaminated fish a distinct possibility. The current study aimed to assess the bioavailability, uptake and toxicological effects of two metal-NPs (TiO2 NPs and Cu-NPs) to fish from both dietary and waterborne …

New Statistical Methods To Derive Functional Connectivity From Multiple Spike Trains, Mohammad Shahed Masud

Other Faculty of Science and Engineering Theses

Analysis of functional connectivity of simultaneously recorded multiple spike trains is one of the major issues in the neuroscience. The progress of the statistical methods to the analysis of functional connectivity of multiple spike trains is relatively slow. In this thesis two statistical techniques are presented to the analysis of functional connectivity of multiple spike trains. The first method is known as the modified correlation grid (MCG). This method is based on the calculation of cross-correlation function of all possible pair-wise spike trains. The second technique is known as the Cox method. This method is based on the modulated renewal …

Political Discourses Of Idealised Masculinity: The Risk Management Of Male Prisoners Through Work, Education And Family Transitions, Helen Mcfarlane

Other Faculty of Arts, Humanities and Business Theses

This thesis focuses upon the new rehabilitation of male prisoners within the context of idealised masculinity. Through the discourse analysis of written policy documents, this work addresses two fundamental questions: How is idealised masculinity constituted within political discourse and how does idealised masculinity influence the formulation of prison rehabilitation programmes? Idealised masculinity is defined as the heterosexual breadwinning role attributed to men as workers and providers for the family. It is this that is articulated within political discourses as a technique of government by which to reduce re-offending amongst the male prisoner population. Within the Foucauldian analysis of governmentality and …

Extreme Wave Loading On Offshore Wave Energy Devices Using Cfd, Jan Westphalen

Other Faculty of Science and Engineering Theses

Two commercial Navier-Stokes solvers are applied to wave-wave and wave-structure interaction problems leading to the final application of simulating a single float of the wave energy converter (WEC) Manchester Bobber in extreme waves and a fixed section of the Pelamis in regular waves. First the two software packages CFX and STAR CCM+ are validated against measured results from physical tank tests concerning the interaction of 3 non-linear focused wave groups of different steepness (Ning et al. 2007). The agreement for all of these cases is very good and could even be improved from first order to second order wave setup …

Tracking Tourists: Mobility, Experiences And The Supply-Demand Gap In A Swedish Mountain Resort, Bo Svensson, Robert Pettersson, Ingrid Zakrisson

Journal of Tourism Consumption and Practice

This study focuses on method development in the areas of visitor and experience tracking. It is about understanding experiences in a time-spatial framework made up by visits to a particular destination. These issues were identified as central for destination stakeholders in their attempts at meeting or exceeding visitor expectations at their destination. Development of methods here thus aims at supporting producers in generating such knowledge. The approach that emerged was to track and measure tourism experiences with the help of Global Positioning System (GPS) technology, follow-up surveys and in-depth interviews. The empirical findings are from a case study of the …

A Review Of Self-Organizing Map Applications In Meteorology And Oceanography, Yonggang Liu, Robert H. Weisberg

Marine Science Faculty Publications

No abstract provided.

Modelling Coarse-Grained Beach Profile Evolution, Mohamad Hidayat Jamal

Other Faculty of Science and Engineering Theses

Coarse-grained beaches are particularly prevalent in the UK, composed of accumulations of either gravel, or mixed sand and gravel sediments. The aim of the work presented in this thesis is to improve capabilities for predicting coarse-grained beach 2D profile development. In particular, the effects of infiltration and sediment sorting are considered. In this study, the public domain numerical model, XBeach (v12) is developed further. This model was initially developed for studying sandy environments especially for the case of dune erosion. Here, the model is modified to enhance its capability to predict beach profile change on coarse-grained beaches. Improvements include: use …

Pyramidal Cell Diversity In The Rat Prefrontal Cortex: Electrophysiology, Dopamine Modulation And Morphology, Ullrich Bartsch

Other Faculty of Science and Engineering Theses

The prefrontal cortex (PFC) is critically involved in many higher cognitive functions such as goaldirected behaviour, affective behaviour and especially working memory. In vivo extracellular recordings of PFC neural activity during working memory tasks show high variety in observed spiking patterns. These complex dynamics are critically shaped by intrinsic, synaptic and structural parameters of respective prefrontal networks. Moreover, dopamine (DA) is crucial for correct functioning of the PFC during working memory tasks. DA modulates a number of synaptic and intrinsic biophysical properties of single neurons, in particular deep layer pyramidal cells, which represent the major output neurons of the PFC. …

Necessity, Possibility And The Search For Counterexamples In Human Reasoning, Sylvia Mary Parnell Serpell

Other Faculty of Science and Engineering Theses

Abstract Necessity, Possibility and the Search for Counterexamples in Human Reasoning Sylvia Mary Parnell Serpell This thesis presents a series of experiments where endorsement rates, latencies and measures of cognitive ability were collected, to investigate the extent to which people search for counterexamples under necessity instructions, and alternative models under possibility instructions. The research was motivated by a syllogistic reasoning study carried out by Evans, Handley, Harper, and Johnson-Laird (1999), and predictions were derived from mental model theory (Johnson-Laird, 1983; Johnson-Laird & Byrne, 1991). With regard to the endorsement rate data: Experiment 1 failed to find evidence that a search …

Population Structuring And Dispersal In The Highly Pelagic Leach's Storm-Petrel: Implications For The Eu Population, Anthony William James Bicknell

Other Faculty of Science and Engineering Theses

Dispersal is a fundamental process that shapes many aspects of population ecology and evolution. Dramatic local population declines brought about by anthropogenic-driven changes to ecological processes are unfortunately becoming ubiquitous and increasing the urgency to understand dispersal behaviour in many species. For species where direct methods of tracking movement and dispersal are unsuitable, other indirect methods need to be employed to understand and characterise these behaviours. The steep population decline, due to predation, at the largest EU population of Leach’s storm-petrels Oceanodroma leucorhoa (St Kilda, Scotland), and the potential part immigrant birds have in buffering this threat, highlighted the need …

Full-Field Modelling Of Crack Tip Shielding Phenomena, Yanwei Lu

Other Faculty of Science and Engineering Theses

The application of fracture mechanics to engineering design has provided significant advances in understanding of the causes and mechanisms of failure and crack growth. Despite this, there are still some aspects that remain incompletely understood, such as the crack closure/crack shielding effect. The presence of crack closure/shielding acts to reduce . The mechanisms of crack closure/shielding are complicated, and have not been fully understood. This work focuses on the plasticity-induced crack tip shielding mechanism and presents a novel approach to characterise the elastic stress fields under the influence of the plastic enclave surrounding the crack tip. The model is successfully …

The Exceptions In Documentary Credits In English Law, Lu Lu

Other Faculty of Arts, Humanities and Business Theses

The main subject of this thesis is the exceptions in documentary credits in English law. The exceptions were established during the development of the documentary credits system to solve drawbacks of the payment means caused by its distinctive feature of autonomy. A rationale of the research is the current decline of the market share of documentary credits as a recognized means of settlement in international trade. This thesis aims to explore an appropriate and efficient way to apply certain necessary exceptions in documentary credits system. And hopefully, the current high rate of the rejection of the documents by banks by …

The Supervisory Assemblage: A Singular Doctoral Experience, Elizabeth Done

Other Faculty of Arts, Humanities and Business Theses

In this thesis, I apply Gilles Deleuze and Felix Guattari’s ontology of becoming to my own learning, thinking and writing. The adopted method - nomadic inquiry, is derived from the philosophising of Deleuze, whose concepts function as pedagogic values that I mobilise throughout my writing and perform – not merely explain, to problematise common perceptions of the thesis, supervision and doctoral experience. Deleuze resists models that inhibit context-specific creativity, yet I can readily identify the defining features of my own supervision: resolutely student-centred, facilitative of free experimentation, supportive of my becoming as an academic subject and the writing through which …

Graduate Catalog 2011-2012, Southwestern Oklahoma State University

Graduate Catalogs

No abstract provided.

Evaluating The Use Of Task Clarification, Self-Monitoring And Performance Feedback, Jennifer Marie Rodriguez

USF Tampa Graduate Theses and Dissertations

The effects of self-monitoring, task clarification, and performance feedback on the performance of critical tasks by assembly group supervisors in a manufacturing company were examined. This intervention involved the training of a supervisor to use task clarification, self-monitoring, and performance feedback to improve the work performance of the participating group leaders. A multiple baseline across participants and tasks design was used to examine the effects of the intervention. Measures included: generalization of group leader performance to another work period, procedural fidelity for training the supervisor, intervention integrity of the supervisor's training of the group leaders, treatment acceptability, and social validity. …

Plasmodium Falciparum Population Dynamics During The Early Phase Of Anti-Malarial Drug Treatment In Tanzanian Children With Acute Uncomplicated Malaria, A.M. Carlsson, B.E. Ngasala, S. Dahlstrom, C. Membi, I.M. Veiga, L. Rombo, S. Abdulla, Zul Premji, J.P. Gil, A. Bjorkman, A. Martensson

Pathology, East Africa

Background: This study aimed to explore Plasmodium falciparum population dynamics during the early phase of anti-malarial drug treatment with artemisinin-based combination therapy in children with clinical malaria in a high transmission area in Africa.

Methods: A total of 50 children aged 1-10 years with acute uncomplicated P. falciparum malaria in Bagamoyo District, Tanzania, were enrolled. Participants were hospitalized and received supervised standard treatment with artemether-lumefantrine according to body weight in six doses over 3 days. Blood samples were collected 11 times, i.e. at time of diagnosis (-2 h) and 0, 2, 4, 8, 16, 24, 36, 48, 60 and 72 …

Effectiveness Of Artemether-Lumefantrine Provided By Community Health Workers In Under-Five Children With Uncomplicated Malaria In Rural Tanzania: An Open Label Prospective Study, B.E. Ngasala, M. Malmberg, A.M. Carlsson, P.E. Ferreira, M.G. Petzold, D. Blessborn, Y. Bergqvist, J.P. Gil, Zul Premji, A. Martensson

Pathology, East Africa

Background: Home-management of malaria (HMM) strategy improves early access of anti-malarial medicines to high-risk groups in remote areas of sub-Saharan Africa. However, limited data are available on the effectiveness of using artemisinin-based combination therapy (ACT) within the HMM strategy. The aim of this study was to assess the effectiveness of artemether-lumefantrine (AL), presently the most favoured ACT in Africa, in under-five children with uncomplicated Plasmodium falciparum malaria in Tanzania, when provided by community health workers (CHWs) and administered unsupervised by parents or guardians at home.

Methods: An open label, single arm prospective study was conducted in two rural villages …

Diagnosis Of Langerhans Cell Histiocytosis On Fine Needle Aspiration Cytology: A Case Report And Review Of The Cytology Literature, Neeta Kumar, Shahin Sayed, Sudhir Vinayak

Pathology, East Africa

A case of multifocal Langerhans cell histiocytosis in a two-year-old child is presented where fine needle aspiration was helpful in achieving a rapid and accurate diagnosis in an appropriate clinical and radiological setting. This can avoid unnecessary biopsy and guide the management especially where access to histopathology is limited. The highly characteristic common and rare cytological features are highlighted with focus on differential diagnoses and causes of pitfalls.

Body Image And Body Mass Index: An Investigation Of Preadolescent Low-Income, Urban Ethnic Minority Girls, Amanda K. Ward

Master's Theses

Utilizing a sample of low-income, urban preadolescent African American and Latina girls, this study examined ethnic differences in two aspects of body image (i.e., body dissatisfaction and weight descriptions), and determined if this relation varied as a function of age. This study also examined the relation between the body image variables and self-esteem and BMI and self-esteem, and determined if these relations differed depending on age or ethnicity. Participants were recruited from 3rd through 5th grade at five Chicago Public Schools, and completed measures of body dissatisfaction, weight descriptions, self-esteem, and had their anthropometric measurements taken. Results showed that Latina …

Who Plays? Who Pays?: A Chicago Case Study Of Racism, The Lottery, And Education, Kasey Henricks

Master's Theses

Many Chicagoans are getting shortchanged, particularly when it comes to the money-exchange process between the Illinois Lottery (IL) and the Illinois State Board of Education (ISBE). In Illinois, a significant portion of lottery-generated revenues is earmarked to finance public education. Because these revenues are not generated equally across Chicago, some communities contribute more to education via the lottery than others. When these revenues are distributed in such a way that transfers money from one community to another, one community's fiscal gain comes at another's expense. So the question stands: Who plays and who pays? To answer this question, I measure …

Emotional Exhaustion, Work-Family Conflict, And Marital Satisfaction Among Professional Psychologists., Alisha Oscharoff

Master's Theses

While a wealth of research has examined how the occupational role affects family domain functioning, there is limited research investigating these issues among mental health professionals. Using a sample of 160 professional psychologists, this study examined the relationships between emotional exhaustion at work, work-family conflict (WFC), and marital satisfaction as well as gender differences in the strengths of these relationships. Analyses indicated that increased emotional exhaustion was associated with increased WFC and that both emotional exhaustion and WFC were negatively associated with marital satisfaction. However, WFC did not emerge as a significant mediator of the relationship between emotional exhaustion and …

Systemic Barriers To The Implementation Of International Education Policy: A Comparative Analysis Of The United States And France, Zephranie Buetow

Master's Theses

This thesis will argue that systemic barriers hinder the implementation of international education laws designed to eliminate inequality. Discriminatory practices are frequently embedded in national views. These views present themselves in legislative choices despite the form of government. Further, embedded beliefs influence a nation's commitment or resistance to international human rights instruments. An analysis of state commitment and resistance to international education laws will serve as a guide for identifying and understanding the legislative barriers preventing the enactment of meaningful international education policy.

Analyses on this subject have been reductionist in nature. They have failed to sufficiently consider all relevant …

Indigenous Intercultural Universities In Latin America: Interpreting Interculturalism In Mexico And Bolivia, Luciano Pedota

Master's Theses

The newly created Indigenous Intercultural Universities in Latin America challenge the conventional conception of universities and their "universal" quality. Such universities seek to decolonize knowledge by generating knowledge that is relevant to the communities in which they are located. These intentions, however, do not necessarily exclude the knowledge and research methods imparted by long-established Western universities. Instead, they have been conceived as Intercultural institutions designed to train indigenous community leaders capable of hybridizing or carrying out a "dialogue of knowledges"(Mato, 2007) and research methods of what are ultimately two different, and often times, opposing and contentious paradigms, one stemming from …