Digital Commons Network^™

Breaking Down Barriers To Creating Safety-Net Accountable Care Organizations: State Statutory And Regulatory Issues, Matthew Chayt, Ann Marie Marciarille, Noah Metz, Anita Pandhoh, David Vernon

Faculty Works

This report focuses on three major state law issues: tort liability, scope of practice, and the corporate practice of medicine doctrine. The authors argue that statutory and regulatory schemes need to be re-examined to ensure that Accountable Care Organizations (ACOs) can form. For example, lawmakers should ask, in an age when health care is changing dramatically in America, whether the corporate practice of medicine doctrine should be preserved. The authors offer California as an example of a state that, like many others, has taken tentative steps toward health care innovation but needs to act decisively to ensure that the promise …

Shelton H. Davis (1942 – 2010)

Tipití: Journal of the Society for the Anthropology of Lowland South America

No abstract provided.

Rubrics In Use As An Assessment Tool For Elementary Physical Education, Megan Marie Brown

All Graduate Projects

There are many health related benefits of participating in regular physical activity. A well-designed elementary physical education program will promote lifetime physical activity that may reduce the risk of disease. In implementing a quality curriculum for physical education, educators need to take in to account the standards when deciding the direction for their curriculum (NASPE, 2005). According to the Washington State Office of the Superintendent of Public Instruction (2008), physical education includes curriculum, instruction and assessment all implemented together. This project addresses the need for meaningful and convenient assessment tools.

Between The Letter And Spirit Of The Law: Ethnic Chinese And Philippine Citizenship By Jus Soli, 1899-1947, Filomeno V. Aguilar Jr

History Department Faculty Publications

Through an examination of archival materials and decisions of the Philippine Supreme Court, this article documents and analyzes the history of citizenship laws and jurisprudence in the Philippines from the close of the nineteenth century to the immediate postwar period. It demonstrates that the articulation between race and nation, mediated by citizenship, varied according to historical and geopolitical contexts, which informed citizenship debates, policies, and interpretations of legal texts. The short-lived 1899 Malolos Constitution offered an inclusive principle of jus soli, but it was superseded by the concept of Philippine citizenship enunciated in the 1902 Philippine Bill. Emblematic of contradictions …

The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn

UF Law Faculty Publications

Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over what …

Public Forum 2.0, Lyrissa Barnett Lidsky

UF Law Faculty Publications

Social media have the potential to revolutionize discourse between American citizens and their governments. At present, however, the U.S. Supreme Court's public forum jurisprudence frustrates rather than fosters that potential. This article navigates the notoriously complex body of public forum doctrine to provide guidance for those who must develop or administer government-sponsored social media or adjudicate First Amendment questions concerning them. Next, the article marks out a new path for public forum doctrine that will allow it to realize the potential of Web 2.0 technologies to enhance democratic discourse between the governors and the governed. Along the way, this article …

Talking About Race And Equality, Sharon E. Rush

UF Law Faculty Publications

Lots of people of different races are increasingly uncomfortable talking about race. They prefer to function in a colorblind society where they insist that race is irrelevant. Not surprisingly, the concept of racial silencing is consistent with the concept of colorblindness. Logically, it seems impossible to talk about race if we are not even supposed to see it. The idea seems to be that if people who believe in racial equality magically stopped seeing and talking about race they could avoid the negativity surrounding racial issues and just hope that the inequality would fix itself. But we know that if …

Student Chamber Music Recital, December 1, 2011 [Program], University Of Northern Iowa. School Of Music.

Music Recital Programs

Program of a music recital given by faculty, students, or guest artists from the School of Music at the University of Northern Iowa.

Minutes, Business Meeting, 36th Annual Meeting, Southeastern Fishes Council, Southeastern Fishes Council

Southeastern Fishes Council Proceedings

No abstract provided.

2010 Treasurer's Report For The Southeastern Fishes Council

Southeastern Fishes Council Proceedings

No abstract provided.

First Observation Of A Natural Hybrid Between Endangered Roanoke Logperch (Percina Rex) And Chainback Darter (Percina Navisense), James H. Roberts

Southeastern Fishes Council Proceedings

No abstract provided.

Southern Alumni, Siu Alumni Association

SIU Alumni Magazine

No abstract provided.

Toward The Adaptive Governance Of Transboundary Water Resources, Kofi Akamani, Patrick Impero Wilson

Forestry Articles

Transboundary water resources, such as international river basins, pose complex and often contentious management challenges. In response to the failures associated with the state-centric approach to the governance of international waters, discussions on transboundary water resources governance over the last two decades or so have focused largely on public involvement. The need to build resilience into such governance systems has been virtually overlooked. Based on a conceptualization of transboundary water resources as complex social-ecological systems, the manuscript proposes adaptive governance as a unifying framework for informing policies aimed at promoting the conservation of transboundary water resources in an increasingly unpredictable …

Southeast South Dakota Experiment Farm Annual Progress Report, 2011, Agricultural Experiment Station

Agricultural Experiment Station and Research Farm Annual Reports

This document highlights crop and livestock research and demonstration reports from projects conducted at Southeast Research Farm in 2011. It is published by the South Dakota Agricultural Experiment Station and Cooperative Extension Service at South Dakota State University in cooperation with the Southeast South Dakota Experiment Farm Corporation. Reports in this document include information on: weather and climate data, corn production and performance, soybean research and planting, soil testing, alfalfa yield test, fertilizer testing, herbicide research, crop rotation, sorghum, small grains, livestock research, and pest and weed control.

When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins

Federal Communications Law Journal

The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech

Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke

Federal Communications Law Journal

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …

Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach

Federal Communications Law Journal

Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …

Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons

Federal Communications Law Journal

This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …

Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?, James G. Parker

Federal Communications Law Journal

In the name of increasing competition in the cable television market, Congress passed the Telecommunications Act of 1996. While this eliminated the barriers to entry using federal law, it did not change the nature of municipality-based cable system monopolies. In an effort to expand competition more quickly and efficiently, the phone companies (Verizon and AT&T) successfully supported legislation in at least twenty-five states that permits a single state application to compete statewide. This Note explores the varying approaches taken in the laws passed to date, analyzes the outcomes flowing from those implemented plans, and provides recommendations of the best practices …

Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package, Ariel Y. Bublick

Federal Communications Law Journal

There is almost no question that football has become modem America's pastime. Football has never been more popular, and every Sunday people are clamoring to watch as many games as possible. The Sunday Ticket package allows viewers to watch any National Football League ("NFL") game being played at any given time. However, the NFL has only granted DirecTV the right to air the Sunday Ticket package, denying this excellent service to a majority of television viewers. By limiting the reach of the Sunday Ticket package, the NFL may be in violation of antitrust laws. This Note begins by explaining antitrust …

Feasibility Study And Best Practices For A Campus Community Garden On The University Of Arkansas Campus, Samantha Jones

Crop, Soil and Environmental Sciences Undergraduate Honors Theses

Although community gardening on college campuses is not a new concept, campus community gardens have recently grown in popularity. Campus community gardens, however, have not been extensively researched. In order to better understand campus community gardens and to determine the feasibility of a campus community garden at the University of Arkansas in Fayetteville (UAF), this study was conducted in three components. An online survey of 88 campus community gardens in the United States and Canada served as the first national survey of universities and colleges with campus community gardens. The survey included demographic information, management, funding, liabilities, risks, obstacles and …

Qualitative Research In Teaching Diversity In A Non-Diverse High School Setting Using Contemporary Art, Robin L. Reczek

Art Education Projects

Abstract

This qualitative action research study examined the effects of introducing diverse contemporary artworks into a non-diverse educational setting. For 3 months, 18 female high school students explored a range of artists, art styles, and artworks, in aid to discovering their own diverse qualities as well as the diversity of their classmates. Through participatory action research, I investigated how diverse contemporary artwork impacted student actions, discussions, and artworks. With the assistance of the transformative learning theory, I expected to convert students with non-accepting diversity views into unbiased young women. My research included data gathered from an assortment of alumni interviews, …

Logos And Psyche In Plato's Phaedo, Jesse I. Bailey

Philosophy, Theology and Religious Studies Faculty Publications

In this dissertation I argue that, according to the Phaedo, the ψυχή should not be understood as a reified, quasi-physical entity which can travel to another τόπος upon separation from the body; that is, the soul should not be understood as what came to be called a “spiritual substance.” Rather, I will show that the Phaedo presents the proper ontology of the soul to be based in an understanding of its characteristic activity. I will argue that this activity is revealed to be the gathering of multiplicities (‘parts’) into the intelligible unities (‘wholes’) which we experience. This gathering occurs in …

Transcript From Faculty Senate Meeting December 1, 2011, Frank Bove

The University of Akron Faculty Senate Chronicle

No abstract provided.

Point Allocation History For Spring Semester 2011, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Where Did (S)He Get Those Skills? An Investigation Of Acrl’S Proficiencies For Instruction Librarians, Theresa Westbrock, Sarah Fabian

LOEX Conference Proceedings 2009

How and where are instruction librarians being trained as teachers? In 2007, ACRL approved a revised set of proficiencies for instruction librarians. Using these new proficiencies, we have repeated a 1993 study (Shonrock and Mulder) that investigated if and when librarians were learning teaching-related skills. Using these data, we will determine whether library schools have made adjustments to their programs based on the recommendations put forth by the earlier study. We will also focus on specific skills instruction librarians predominantly report learning on the job, in order to identify where leaders of in-house professional development programs might target their efforts.

Under Review: Getting To Know Arcgis Desktop, Richard Lisichenko

Journal of STEM Teacher Education

No abstract provided.

The Marvelous Life Of Paul Steven Miller, Clark B. Lombardi

Washington Law Review

When I was hired by the University of Washington School of Law in the spring of 2004, I skimmed all of my new colleagues’ biographies, including Paul Steven Miller’s. I don’t remember Paul Steven Miller’s standing out. The biography was short and listed mostly professional positions and publications. It made clear that he had had an important career, but it did not make clear how revolutionary a figure he was.

The Weekly Challenger, December 1, 2011, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The December 1, 2011, issue of The Weekly Challenger.

Good Governance, Transparency And Regulatory Issues In Financial Sector Development And Stability., B. Owasanoye

Economic and Financial Review

The paper examines the effects of good governance and transparency in fixing regulatory issues in the financial sector for development and stability.