Digital Commons Network^™

Center For Terrorism Law: Monthly Activity Report, 2011-12, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil, Eduardo Dantas

Chicago-Kent Law Review

This paper aims to demonstrate how medical malpractice litigation is developing in Brazil, and how the Brazilian legal system is dealing with the increase of demands against health care professionals. A brief overlook on the legal structure is provided, highlighting the most important issues being discussed today in Brazilian courts, regarding autonomy, consent, choice, the definition of moral damages, and the influence of the Consumer's Defense Code in litigation regarding health law.

Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China, Zhu Wang, Ken Oliphant

Chicago-Kent Law Review

This paper summarises the development of liability for medical malpractice in the People's Republic of China, beginning with the establishment of a formal system of administrative liability in 1987, its refinement in 2002, and the broadly contemporaneous judicial recognition of a concurrent tortious liability under general civil law. All these developments may be said to have furthered the interests of patients. The incorporation of liability for medical malpractice into the Tort Liability Law of 2009, however, arguably marks a step backwards, subordinating the interests of patients in favor of the interests of the medical community, and further reforms in the …

Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz

Chicago-Kent Law Review

The article describes the special Scandinavian patient insurance system which secures compensation for patients in malpractice cases. For all practical purposes, the insurance based systems have replaced ordinary tort law rules in malpractice cases in Scandinavia. Thus, the basic feature of these systems is that proof of fault is not a requirement for obtaining compensation. Other criteria which are more favourable to the patient are applicable. The article concludes that in general the compensations systems have been successful in making it easier for the patients to obtain compensation. However, the systems also face challenges, some of which stem from the …

An Industry Missing Minorities: The Disparate Impact Of The Securities And Exchange Commission's Fingerprinting Rule, Kelly Noonan

Chicago-Kent Law Review

The Equal Employment Opportunity Commission ("EEOC") recently asserted that the use of criminal background checks as an employment screening tool may have a disparate impact on African Americans and Hispanics, in violation of Title VII of the Civil Rights Act of 1964. The EEOC and some private claimants have even filed lawsuits against employers claiming disparate impact violations based on statistics that show African Americans and Hispanics are considerably more likely to have criminal records than other racial groups. Yet, certain federal regulatory agencies require participants in their industries to subject employees to criminal background checks as a condition of …

The Complete Ac/Ds Transposon Family Of Maize, Chunguang Du, Andrew Hoffman, Limei He, Jason Caronna, Hugo K. Dooner

Department of Biology Faculty Scholarship and Creative Works

Background: The nonautonomous maize Ds transposons can only move in the presence of the autonomous element Ac. They comprise a heterogeneous group that share 11-bp terminal inverted repeats (TIRs) and some subterminal repeats, but vary greatly in size and composition. Three classes of Ds elements can cause mutations: Ds-del, internal deletions of the 4.6-kb Ac element; Ds1, ~400-bp in size and sharing little homology with Ac, and Ds2, variably-sized elements containing about 0.5 kb from the Ac termini and unrelated internal sequences. Here, we analyze the entire complement of Ds-related sequences in the genome of the inbred B73 and ask …

Curriculum Subcommittee Minutes, December 1, 2011, Utah State University

Educational Policies Committee

Department of Animal, Dairy and Veterinary Sciences

• New Course
• Credit Hour Change
• Title Change, Course Description Change
• Credit Hour Change, Course Description Change
• Title Change, Credit Hour Change, Course Description Change
• Inactivate Course
• Delete Course

Department of Nutrition, Dietetics and Food Sciences

• Credit Hour Change

School of Applied Sciences, Technology and Education

• Title Change, Prerequisite Change, Description Change
• Title Change, Description Change
• Title Change, Credit Hour Change, Prerequisite Change, Description Change
• Title Change

Department of Art and Design

• University Studies Request

Department of Theatre Arts

• Prerequisite Change
• Title Change, Prerequisite Change
• Title Change, Credit Hour Change, Prerequisite Change, Course Description …

Educational Policies Committee Minutes, December 1, 2011, Utah State University

Educational Policies Committee

• Subcommittee Reports
• Curriculum Subcommittee
• Academic Standards Subcommittee
• General Education Subcommittee

False Valor: Amending The Stolen Valor Act To Conform With The First Amendment's Fraudulent Speech Exception, Jeffery C. Barnum

Washington Law Review

The Stolen Valor Act (SVA or “the Act”) was enacted to protect against “fraudulent claims” of receipt of military honors or decorations. It does so by criminalizing false verbal or written claims regarding such awards. However, the Act failed to include all of the elements of an anti-fraud measure required by the First Amendment. Most critically, the SVA fails to require actual reliance on the part of the defrauded. Although fraud is generally not protected by the First Amendment, courts cannot construe the SVA as an anti-fraud measure if the statute does not require actual reliance. Therefore, the SVA as …

Aedpa's Ratchet: Invoking The Miranda Right To Counsel After The Antiterrorism And Effective Death Penalty Act, David Rubenstein

Washington Law Review

In Davis v. United States, the United States Supreme Court established a high standard to invoke the Miranda right to counsel, holding that a suspect must make a clear and unequivocal request for an attorney. Two years later, Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA), which created a highly deferential standard of review for state court judgments challenged under federal habeas corpus jurisdiction. Generally, a state prisoner challenging the alleged deprivation of his Miranda right to counsel may obtain federal court relief under AEDPA only if his conviction in state court was based on an “objectively …

Looping Mathematics Instruction At The High School Level: An Examination Of Success Indicators, John M. Lachance Jr.

Dissertations

Success in high school and high school mathematics has long-term implications for students‟ college and career readiness and achievement. As the United States and many other nations examine ways to enhance the high school experience for young people and increase student achievement in mathematics every aspect of instruction needs close examination to determine best practices. This study helped determine the outcomes of looped instruction for high school students in the content area of mathematics and a comprehensive examination of success indicators for students in high school mathematics including standardized test scores, grades, common assessment scores, and attendance, discipline, as well …

Teacher Collaboration And Student Achievement, Cordie E. Wimberley

Dissertations

This study was conducted to explore the relationship between teacher collaboration and student achievement. The pedagogical model espoused by Howland and Picciotto (2003b) defined teacher collaboration as a pedagogy that involves two or more teachers who regularly discuss teaching and learning, including learning activities, lesson plans, assignments, pacing, course design, evaluating, and revising the program. Five hundred twenty three school districts were invited to be part of this study. Then, 100 public school districts were randomly selected from 201 responses to an online survey addressed to Professional Development Chairpersons in Missouri. School districts were divided into two groups, collaborative and …

Plcs: Student Outcomes Evaluation In Midwest High School, Kelly E. Dickinson

Dissertations

This study was an evaluation of student outcomes following a five year implementation of PLCs at Midwest High School in the U.S. Three research questions were addressed: (1) Has student achievement increased during the course of implementing PLCs? If so, is there evidence that this is a result of a contribution from PLC implementation from 2006-2011? (2) Have teacher attitudes toward curriculum rigor, public image, quality of education, and post-high school preparedness changed during the implementation of PLCs from 2006-2011? (3) Is the staff, in April 2011, a mature PLC? For research question one, eight hypotheses resulted in the evaluation …

Supporting Quality Teaching With Recognition, Hans A. Andrews

Australian Journal of Teacher Education

Abstract

Value has been found in providing recognition and awards programs for excellent teachers. Research has also found a major lack of these programs in both the USA and in Australia. Teachers receiving recognition and awards for their teaching have praised recognition programs as providing motivation for them to continue high-level instruction. Motivational theories provide a solid foundation for these programs. Teacher educators should find ‘recognition’ as an important part of their curriculum in terms of teaching the research behind motivational theories. They can also encourage K-12 schools to provide recognition to the excellent teachers working with university teacher educators …

Young Adults With Mental Illness In North San Diego County - Yami: Appendixes A-C, Ellen Frudakis, Jessica Hanson York, Evan Holland, Colleen Kollar Smith, Vi Nguyen

Program Design and Evaluation

Young Adults With Mental Illness in North San Diego County - YAMI: Appendixes A-C

Justices Denied: The 2010 Iowa Supreme Court Retention Election, Andrew John Clopton

Honors Program Theses

States vary widely in their judicial selection systems, with some seeking more judicial accountability and others preferring more independence. Most states, including Iowa, strike a perceived balance between independence and accountability with the implementation of the Missouri (Merit) Plan. With gubernatorial nomination from selected candidates chosen by a committee, judges must only directly face the electorate every few years. Retention elections provide near certainty that a judge will continue to serve. In 2010, the Iowa electorate shattered the norms because all three Supreme Court justices failed to retain their seats. We examine county-level voter characteristic variables and construct a model …

Parties Annexes

Présence Francophone: Revue internationale de langue et de littérature

No abstract provided.

The Role Of Operative Temperature In Prickly Pear Use By Nesting Northern Bobwhite, Fidel Hernández, Scott E. Henke, Nova J. Silvy, Dale Rollins

Bulletin of the Texas Ornithological Society

High temperatures can negatively impact Northern Bobwhite (Colinus virginianus) populations by reducing reproductive effort or altering habitat use. In western Texas, Northern Bobwhite commonly nest in prickly pear cactus (Opuntia spp.) instead of their typical nesting substrate of bunchgrass habitat. We tested the hypothesis that bobwhites nest in prickly pear cactus because it offered a cooler microclimate than bunchgrass. Our objectives were to compare 1) operative temperature between bunchgrass and prickly pear habitat and 2) egg hatchability and clutch size between bobwhite nests located in either prickly pear or bunchgrass plants. We collected microclimate data at both habitat types during …

Urban Bus Services In Developing Countries And Countries In Transition: A Framework For Regulatory And Institutional Developments, Brendan Finn, Corinne Mulley

Journal of Public Transportation

Urban passenger transport has experienced major change in many developing countries in Africa, Asia, and the Middle East, as well as in countries of political and/or economic transition in the Commonwealth of Independent States (CIS) and China. Such changes have included planned market opening to private operators and new entrants; unplanned market opening by the entry of unlicensed operators; privatization and other changes to the ownership base of large public-sector transport companies; emergence of large-scale minibus and paratransit; and national and urban policies and programs to upgrade the transport supply and quality. This paper presents a framework to understand regulatory …

Speleo Spiel, No. 387, November-December 2011, Alan Jackson

Speleo Spiel

Contents: Regular Bits -- Trip Reports -- Other Exciting Stuff -- Surveys

Biospeologica Bibliographia Publications 2011-1, Jean-Pierre Besson, Bernard Lebreton

KIP Articles

No abstract provided.

Tourism And Karst Areas, Volume 4, No. 2, 2011, Heros Augusto Santos Lobo

KIP Articles

Contents: Efeitos do uso turístico sobre cavidades subterrâneas artificiais: subsídios para o uso antrópico de sistemas subterrâneos -- The conservation of speleological tourist attractions in the Central Amazon: Situation and Perspectives for the Environmental Protection and Tourist Management in the Maroaga Cave -- Turismo em Unidades de Conservação: resultados do plano de manejo da RPPN Fazenda Cabeceira do Prata – Jardim - MS -- Macroinvertebrate community in recreational areas in a karst river (Bonito, Brazil): Implications for biomonitoring of tourist activities -- Sumário de títulos -- Índice de assuntos -- Índice de autores -- Quadro de avaliadores -- Gestão editorial

Espeleorevista Puerto Rico, No. 5, July-December 2011, Diana M. Hernández, Thomas E. Miller

KIP Articles

Contents: Nota de los Editores -- ¡Puerto Rico, la Isla del Encanto! Mapa para localizar algunas cuevas mencionadas en esta edición -- Sinopsis del Cerro Cuevas en Juana Díaz / Carlos A. Cruz Rodríguez y José M. Díaz Pérez -- A Highway Runs Over It: Cueva Los Chorros / Thomas E. Miller -- Datos Hidrológicos y Resultados de los Análisis de Agua Realizados en Cueva Perdida. Barrio Caguana, Sector Cayuco. Utuado, Puerto Rico / José L. Gómez Cabrera y Vladimir Otero Collazo -- Isla de Mona Expedition - June 2011 / Pat Kambesis -- Another Entrance for Cueva Agua Evaporada …

Journal Of Cave And Karst Studies, Volume 73, No. 3, December 2011, Table Of Contents, National Speleological Society

KIP Articles

No abstract provided.

Field Of Dreams Program Evaluation: Empowering The Latino Population In Type2 Diabetes Self-Management, Edie Urteaga

Dissertations, Masters Theses, Capstones, and Culminating Projects

Adult onset, type2 diabetes affects Latino families at a higher rate than other ethnicities and negatively impacting their quality of life, ability to financially succeed, and ultimately impacting our overall economy. Multiple resources are available in the country to help people learn how to prevent, control, and manage diabetes. However, the need exists for creative ways to empower Latino families in diabetes self-management and increase their awareness and understanding of the nuts and bolts of this illness. One specific segment of Latino families of major concern is those who may have remote or no access to health care due to …

Center For Renewable Energy Newsletter, December 2011, Illinois State University, Center For Renewable Energy

Center for Renewable Energy Newsletter

No abstract provided.

Aliens In Their Native Lands: The Persistence Of Internal Colonial Theory, John R. Chávez

History Faculty Publications

No abstract provided.

Trail Blazer - Volume 98, Number 11, Morehead State University. Trail Blazer.

Morehead State Trail Blazer Archive

Morehead State Trail Blazer published on December 1, 2011.

New Test Set For Video Quality Benchmarking, Joaquin Raventos

Electronic Theses and Dissertations

A new test set design and benchmarking approach (US Patent pending) allows a "standard observer" to assess the end-to-end image quality characteristics of video imaging systems operating in day time or low-light conditions.

It uses randomized targets based on extensive application of Photometry, Geometrical Optics, and Digital Media.

The benchmarking takes into account the target’s contrast sensitivity, its color characteristics, and several aspects of human vision such as visual acuity and dynamic response. The standard observer is part of the "extended video imaging system" (EVIS).

The new test set allows image quality benchmarking by a panel of standard observers at …

Simulated Effects Of Varied Landscape-Scale Fuel Treatments On Carbon Dynamics And Fire Behavior In The Klamath Mountains Of California, Kevin J. Osborne

Master's Theses

I utilized forest growth model (FVS-FFE) and fire simulation software (FlamMap, Randig), integrated through GIS software (ArcMap9.3), to quantify the impacts varied landscape-scale fuel treatments have on short-term onsite carbon loss, long-term onsite carbon storage, burn probability, conditional flame length, and mean fire size. Thirteen fuel treatment scenarios were simulated on a 42,000 hectare landscape in northern California: one untreated, three proposed by the US Forest Service, and nine that were spatially-optimized and developed with the Treatment Optimization Model in FlamMap. The nine scenarios developed in FlamMap varied by treatment intensity (10%, 20%, and 30% of the landscape treated) and …