Digital Commons Network^™

The First Amendment - Determining Whether A Total Ban On Newspaper Racks In A Public Airport's Terminals Raises A Genuine Issue Of Material Fact Concerning Its Constitutionality, Laura Mckenery

Journal of Air Law and Commerce

No abstract provided.

Pilots Denied Relief - By Narrowly Construing Prevailing Parties Under The Eaja, The D.C. Circuit Allows The Faa To Run Amok, Scott Lars Rogers

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law: General, William V. O'Connor, William C. Dalton

Journal of Air Law and Commerce

No abstract provided.

Balancing Airport Capacity Requirements With Environmental Concerns: Legal Challenges To Airport Expansion, Timothy R. Wyatt

Journal of Air Law and Commerce

No abstract provided.

No Child Left Behind: Advantages And Disadvantages, Kelly M. Rohlfsen

Graduate Research Papers

The No Child Left Behind Act is quickly approaching its deadline of 2014. With the expectation being 100% of students in the United States being proficient according to state guidelines, many people, including teachers, administrators and parents are questioning the reality of No Child Left Behind (NCLB), and whether or not the Nation will meet the expectation set forth. This paper describes a select few advantages and disadvantages of the No Child Left Behind Act, and how those various aspects of the law impact teachers and students alike. In addition, this paper also describes the inconsistencies between states in how …

Hope And Despair In Young Adult Science Fiction, Erin Stohlmeyer

Graduate Research Papers

As young adult science fiction evolves, it can be difficult to understand the themes and tones found within the genre. The purpose of this research was to discover the hopeful messages or the lack of hope in current young adult science fiction. The themes found during the research process included survival, the search for identity/humanity, post-apocalypse/governmental control, medical advancement (technology), and adventure. Thirteen novels written between 2005 and 20 IO were analyzed for themes and messages. Many novels were found to have vastly different societies, governments, and even landscapes. Some of the differences were due to war, climate change, and …

Identifying Step Count Cut-Offs For Middle School Students, Julie Zensen

Graduate Research Papers

With physical activity levels continuing to decrease and obesity rates continuing to increase, it is important to set specific physical activity guidelines for children to reach in order to ensure health enhancement. A step count cut-off is a specific threshold that once met, is equivalent to participation in the recommended >60minutes of moderate to vigorous activity on a daily basis. The purpose of this study is to find developmentally-specific, step count cut-offs for both boys and girls. This study focused specifically on middle school students from four schools in a Midwestern town in Iowa. There were 88 total participants: 31 …

Elementary School Teacher And Students’ Responses On The Usefulness Of The Polar Activity Monitor, Blaire Baldwin

Graduate Research Papers

No abstract provided.

The Serious Leisure Perspective, Patrick Anthony Beets

Graduate Research Papers

This review will address the relationship of serious leisure that involve youth and will help create a study that can be used based on a participant's experiences. The specific question examined in this paper is: Can serious leisure be used as a vehicle to help youth to develop positive skills that will help increase meaningfulness and battle depression?

Ay 2010/2011 Sec Meeting Minutes, 2010-09-01, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2010/2011 Sec Meeting Minutes, 2010-10-13, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ventral Hernia Repairs: 10 Year Single Institution Review At Thomas Jefferson University Hospital, Frederick C. Sailes, Md, Jason Walls, Md, Daria Guelig, Md, Mike Mirzabeigi, Ma, William D. Long, Ms, Albert Crawford, Phd, John H. Moore Jr, Md, Facs, Steven E. Copit, Md, Gary A. Tuma, M.D, James Fox, Md

Department of Surgery Faculty Papers

Abstract

Background Definitive repair of recurrent ventral hernias using abdominal wall reconstruction techniques is an essential tool in the armentarium for general and plastic surgeons. Ramirez 1 et al describes the “component separation” technique to mobilize the rectus-abdominus internal oblique and external oblique flap to correct the defect. The recurrence rate of incisional hernias increases to 20% after gastric bypass or extensive weight loss.2 The incidence of ventral hernias after failed recurrent hernia repair increases to 40%.3 It has been reported that utilizing the sliding myofascial flap repair technique, the recurrence rate was reduced to 8.5%.4

Materials and Methods This …

Migration- And Exercise-Induced Changes To Flight Muscle Size In Migratory Birds And Association With Igf1 And Myostatin Mrna Expression, Edwin R. Price, Ulf Buachinger, Daria M. Zajac, David J. Cerasale, Jay T. Mcfarlan, Alexander R. Gerson, Scott R. Mcwilliams, Christopher G. Guglielmo

Natural Resources Science Faculty Publications

Seasonal adjustments to muscle size in migratory birds may result from preparatory physiological changes or responses to changed workloads. The mechanisms controlling these changes in size are poorly understood. We investigated some potential mediators of flight muscle size (myostatin and insulin-like growth factor, IGF1) in pectoralis muscles of wild wintering or migrating white-throated sparrows (Zonotrichia albicollis), captive white-throated sparrows that were photoperiod manipulated to be in a `wintering' or `migratory' (Zugunruhe) state, and captive European starlings (Sturnus vulgaris) that were either exercised for 2 weeks in a wind tunnel or untrained. Flight muscle size increased in …

Characterization Of Bioreactor System For Tissue Engineered Blood Vessels, Kasim Shah

Biomedical Engineering

No abstract provided.

Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold

Cardozo Journal of Equal Rights & Social Justice

The note argues that criminal liability is a necessary and effective measure to address the preventable nature of heat-related deaths in high school sports. It highlights the inadequacy of current civil systems and the protective barriers of qualified immunity, which often shield coaches and schools from accountability. The vulnerability of young athletes, who rely heavily on their coaches for safety, underscores the need for stricter accountability measures to ensure their protection and reduce such tragedies.

Is Ze An American Or A Foreigner? Male Or Female? Ze's Trapped!, Annette De La Torre

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal and medical frameworks governing the treatment of transgender and transsexual immigrant detainees in U.S. Immigration and Customs Enforcement (ICE) facilities are inadequate, leading to violations of their Eighth Amendment rights. It contends that the legal system's reliance on narrow medical definitions and outdated gender roles fails to protect these detainees from unsafe and inhumane conditions. The analysis emphasizes the need for comprehensive reforms to address housing, medical care, and staff training to ensure dignity and safety for transgender detainees.

Panel 2: Bringing Our Kids Home: International Parental Child Abduction And Retention, Matthew Antell, Corrin Ferber, David Hearn, Courtney Houk, Jeremy Morley, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

Symposium: Crimes Against Children (February 15, 2011)

Using Gender Equality Analysis To Improve The Wellbeing Of Prostitutes, Barbara Havelkova

Cardozo Journal of Equal Rights & Social Justice

The article presents a framework for analyzing prostitution through the lens of gender equality, aiming to improve the wellbeing of prostitutes by offering regulators and judges a tool for evaluation. It challenges the asymmetric legal treatment of prostitutes and clients, arguing that such treatment violates gender equality principles. The framework proposes symmetric treatment or measures benefiting prostitutes to address structural inequalities rooted in gender, class, race, and socioeconomic status. The analysis draws on European and common law jurisdictions, emphasizing the need for gender-conscious policies to ensure fairness and proportionality.

Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.

Re-Evaluating Corporate Criminal Liability: The Doj’S Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian E. Dervan

Law Faculty Scholarship

This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …

Organizational Learning In Schools Pursuing Social Justice: Fostering Educational Entrepreneurship And Boundary Spanning, Martin Scanlan

College of Education Faculty Research and Publications

The field of socially just educational leadership is focused on promoting improvements in the teaching and learning environment as demonstrated by student learning gains, particularly for traditionally marginalized students. The field has identified priorities (i.e., school improvement, democratic community, and social justice) and steps to pursue these priorities (specific strategies school leaders can take and conditions they can foster). Building on this literature, this article examines organizational learning in school communities that claim to be pursuing these priorities. It argues that organizational learning is a lens for socially just educational leaders to link theory with practice and to shift their …

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan

Law Faculty Scholarship

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …

Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian E. Dervan

Law Faculty Scholarship

Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …

Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian E. Dervan

Law Faculty Scholarship

In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of …

Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges

Law Faculty Publications

This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …

The 2010 Elections: Illinois Still Blue Despite The Red Wave That Swept The Nation, John S. Jackson

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

No abstract provided.

Vico, Llewellyn And The Task Of Legal Education, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Price Includes Tax: Protecting Consumers From Tax-Exclusive Pricing, Hayes R. Holderness

Law Faculty Publications

This Note contributes to the debate regarding the behavioral effects of the salience of taxes on taxpayers by examining the impact of including the value of sales taxes in the displayed prices of goods. The Note concludes that consumers should make more beneficial decisions regarding consumption when the value of sales taxes is included in or with displayed prices.

The Origins Of The Privileges Or Immunities Clause, Part Ii: John Bingham And The Second Draft Of The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive interpretation of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he sharply distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.

This article, the second in an extended investigation of the origins of the …