Digital Commons Network^™

Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser

American University Law Review

In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence. The Court in Phelps explained that the First Amendment prohibits tort damages when the comments at issue involve matters of public concern, yet failed to explain whether private speech that was juxtaposed with public, …

Concrete Control Of Constitutionality In Portugal: A Means Towards Effective Protection Of Fundamental Rights, Antonio Cortes, Teresa Violante

Penn State International Law Review (1982 - 2011)

No abstract provided.

On The Mark? Big Tobacco Asserts Property Rights On Cigarette Packaging, Benjamin A. Hackman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Medical Malpractice: The Italian Experience, Claudia Dimarzo

Chicago-Kent Law Review

Beginning with an investigation into the problematic nature of medical liability, the Article overviews the most significant approaches taken by courts and scholars in order to establish whether the physician's position before the patient is comparable with that of either a tortfeasor or a contractor.

Having explained that the most recent approaches in this regard tend toward the recognition of the contractual nature of medical liability, the Author discusses the implications of such a solution, making specific reference to the following issues: 1) the assignment of the burden of proof (along with the distinction between obligations of means and obligations …

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Chicago-Kent Law Review

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations' medical law systems. The paper addresses criminal sanctions for Japanese physicians' negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries.

Among the paper's findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Defined (Yet Uncertain) Benefit Pension Plans In America, Travis Bayer

Chicago-Kent Law Review

Despite playing a central role in many public and private employees' retirements, defined benefit pension plans are woefully underfunded. Moreover, the combination of a Baby Boomer retirement bulge and a struggling economy are putting even more pressure on defined benefit plans. This Note examines relevant background information regarding defined benefit pension plans and demographic data of the Baby Boomer generation. This Note then explores how and to what extent states and private employers have created contractual obligations through defined benefit plans and addresses what happens when those contractual obligations are breached. Finally, this Note suggests that litigation cannot provide a …

Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, Daaron Kimmel

Chicago-Kent Law Review

In determining the shape of the free speech rights and anti-corruption concerns that courts must balance in campaign finance cases, judges are influenced by their own underlying understandings of what an ideal democracy should look like. For judges to decide whether the government is appropriately regulating the political process, the rules that allow all citizens to interact with and shape their democracy, judges must first decide what that democracy ought to look like. This affords judges a great deal of discretion in campaign finance cases. Citizens United v. Federal Election Commission is a particularly bold judicial attempt to reshape the …

Review Of "Sign Languages" Edited By D. Brentari, Donna Jo Napoli

Linguistics Faculty Works

No abstract provided.

Evaluation Of The In-Service Safety Performance Of Safety-Shape And Vertical Concrete Barriers, Francisco Daniel Benicio De Albuquerque, Dean L. Sicking

Nebraska Department of Transportation: Research Reports

No abstract provided.

Janus Kinase (Jak) 2 Regulation And The Novel Activating Mutation, Jak2r546q, Lana Marie Corbo

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Janus kinase (JAK) 2 is a critical secondary signaling protein and is ubiquitously expressed in hematopoietic cells. One of the major roles of JAK2 is to trigger signal transduction following binding of the hematopoietic growth factor thrombopoietin (TPO), to its receptor c-Mpl, which initiates megakaryopoiesis. Previous findings focused on other hematopoietic growth factor receptors suggest that JAK2 is critical for translocation of the receptor to the membrane. Using hematopoietic cell lines, in which we transiently overexpressed human JAK2, we found that increased JAK2 expression had no effect on cell surface membrane localization. We also studied the effects of c-Mpl cell …

Helping To Start And Stop Myelination: Csk Has Dual Regulatory Functions During Oligodendrocyte Development, Iva Dimitrova Tzvetanova

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

The ability of oligodendrocyte progenitors (OPCs) to generate sufficient numbers of myelinating oligodendrocytes is critical both for developmental myelination and for repair following demyelination. The timing and location of gliogenesis are tightly controlled but the molecular mechanisms that underlie this control are poorly understood. Here I report that the C-terminal Src Kinase (Csk) acts as a molecular switch for Src Family Kinase activity in oligodendrocytes, with distinct and opposing roles for Csk in early versus late stages of development. Early in development Csk is critical for the appropriate onset of oligodendrocyte progenitor differentiation. Csk suppresses OPC proliferation such that Csk …

Live Cultures: Illness, Mortality, And Masculinity In Contemporary Spanish Film, Bobby D Allbritton

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Live Cultures" explores the ways that democratic Spain has been understood, written, and filmed as an ill kingdom, and how illness as bodily effect is an ontology that affects our understanding of our discrete selves. To consider illness a dark geography, as Sontag wrote in Illness as Metaphor, begs a continual re-interpretation of the relation of self, body and nation, an understanding of healthy or ill citizenship as it is inscribe into the body. This politicized inscription does not function alone but in tandem with gender, considering the ways that illness in its most base function operates some effect on …

When Sorrows Come: Death In The Contemporary American Drama, Becky Leigh Goldberg

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

This paper is a study of Contemporary American Family Drama of the past ten years. In looking at Proof by David Auburn, Rabbit Hole by David Lindsay-Abaire, August: Osage County by Tracy Letts, and Next to Normal by Brian Yorkey (music by Tom Kitt), and holding them in reference to Eugene O'Neill's Long Day's Journey Into Night, this paper explores the death that occurs before the action in each play, and how the women of the plays cope with the loss. This paper argues that the contemporary women, unlike their literary ancestor Mary Tyrone, have the means to handle their …

Medical Malpractice And Compensation In The Uk, Richard Goldberg

Chicago-Kent Law Review

In the first part of this paper, Dr. Goldberg examines the context in which medical malpractice liability is operating in the UK. The fact that the state-run National Health Service (NHS) is the major healthcare provider in the UK has several implications, since funding for medical malpractice compensation in the NHS comes from the taxpayer. The most recent empirical evidence on the incidence and funding of claims in England and Scotland is assessed, to show a trend of expenditure on clinical negligence increasing, particularly in England. This is followed by an examination of the statutory framework for the empowerment of …

Medical Malpractice And Compensation In Global Perspective: How Does The U.S. Do It?, David A. Hyman, Charles Silver

Chicago-Kent Law Review

This article describes the problem of health care error in the United States of America and the various regulatory, liability, and compensation systems that deal with medical mistakes. In terms of frequency, direct costs, and aggregate social costs, the problem of medical errors is staggering. Millions of patients are killed or injured every year. A large percentage of adverse events could be avoided by the use of reasonable care. Regulators have not dealt with these problems effectively. Regulators specifically appointed to police the medical profession are often lax, whether because of capture, or from a sense of "there but for …

Worthy Of Their Name? Addressing Aquatic Nuisance Species With Common Law Public Nuisance Claims, Christopher Grubb

Chicago-Kent Law Review

Aquatic invasive species like the Asian carp and zebra mussel have caused grave ecological and economic harm across the United States, and frequently harm rights common to the public such as boating, fishing, and bathing. Yet, Congress' efforts to address the problem through legislation have been piecemeal and unsuccessful. Historically, the common law of public nuisance served as an important tool to remedy transboundary pollution. More recently, courts have established that such public nuisance claims will be displaced where Congress has comprehensively regulated in a field. This Note explores whether public nuisance claims involving aquatic invasive species should be displaced …

Thermolysis Stability, Solution Reactivity And Structural Studies Of A Thioperoxide-Bridged Dimolybdenum(V) Dimer., Ackim Maduvu

Electronic Theses and Dissertations

Molybdenum-sulfur complexes have developed a lot of interest in the chemistry of metal-coordinated sulfur due to their importance in biological systems and in industrial processes like catalysis. For example, in biological processes molybdenum has been recognized as a very important metal in enzymes used for nitrogen fixation for over 60 years. In this dissertation, the system of the imidodithiophosphate /l-carboxylatomolybdenum(V) dimer was studied for crystal thermolytic stability and solution reactivity. Mo2(NTo)2(S2P(OEt)2)2(µ-O2CR)(µ-SBn)(µ-SO) will be abbreviated as BnS{Mo2}SO, where R is CH3, CH2CH2CH3, C(CH3)3 or CH(OCH3)C6H5. In the crystal phase, the packing of BnS{Mo2}SO acetate allows the molecule to pair off on …

Fem Modeling Of A Concrete Arch Bridge., Christina Allgeier Perez

Electronic Theses and Dissertations

A Physics doctoral project seeks to reduce the uncertainty of inaccurate visual bridge inspections by producing a remote sensor program to determine and monitor the changes in health of a specified bridge. The Eastern Parkway Bridge was determined as the first bridge to test. As part of this project, a computer-aided analysis of the studied bridge was created using the simulation program ANSYS to assist in documenting the areas requiring the most attention. The model also offered supporting evidence to back the frequencies registered by the optical sensors to ensure proper functioning of the device. Furthermore, the model provided a …

Towards An Improved Measure Of Intrinsic/Extrinsic Religious Motivation., Aaron W. Banister

Electronic Theses and Dissertations

Religious motivation is a construct that has been the focus of decades of research. The "Religious Orientation Scale" (ROS) and variations of it, including the "Age Universal Intrinsic-Extrinsic Scale-12" (AUIES-12), are the most commonly used measures of religious motivation. But from the initial use of these measures there has been questions concerning their theoretical foundation and scale reliabilities. The purpose of this dissertation was to 1) test the factor structure of the AUIES-12 and investigate its scale reliabilities; 2) investigate, through CFA, the factor structure of a new measure of religious motivation, the "Measure of Religious Motivation" (MRM), which introduces …

The Induction Of Positive Affect In A Community Setting Using Electronic Communications., Philip Andrew Smeltzer

Electronic Theses and Dissertations

Objective: To evaluate the influence of positive affect inductions on daily and weekly Positive and Negative Affect Scales (PANAS) in a community setting. Methods: Humor messages were distributed to participants four times per day during a treatment week with general health messages distributed in the crossover week. Subjects completed a series of self-report psychosocial and behavioral survey instruments on a weekly basis and daily PANAS responses. Messages were delivered through either email or SMS/text messages. Results: The daily and weekly PANAS scores were higher during treatment periods compared to the neutral periods. The observed trends were suggestive of successful positive …

Use Of Statistical Analysis, Data Mining, Decision Analysis And Cost Effectiveness Analysis To Analyze Medical Data : Application To Comparative Effectiveness Of Lumpectomy And Mastectomy For Breast Cancer., Beatrice Ugiliweneza

Electronic Theses and Dissertations

Statistical models have been the first choice for comparative effectiveness in clinical research. Though effective, these models are limited when the data to be analyzed do not fit the assumed distributions; which is mostly the case when the study is not a clinical trial. In this project, data mining, decision analysis and cost effectiveness analysis methods were used to supplement statistical models in comparing lumpectomy to mastectomy for surgical treatment of breast cancer. Mastectomy has been the gold standard for breast cancer treatment for since the 1800s. In the 20th century, an equivalence of mastectomy and lumpectomy was established in …

Entry-Level Student Affairs Administrators' Attitudes Toward Mental Illness In College Students., Jennifer A. Schum

Electronic Theses and Dissertations

Calls for universities to better serve college students with mental illness have been growing. While a considerable literature base supports Corrigan's (2004) Social Cognitive Model of Mental Illness Stigma and the complex relationship among stereotypes, prejudice, and discrimination, limited research has been conducted examining university administrators on attitudes toward and knowledge of mental illness in college students. Participants of the current study were 206 entry-level student affairs professionals who completed an online, modified version of Becker, Martin, Wajeeh, Ward, and Shern's (2002) Mental Illness Awareness Survey. Simultaneous regression was used to determine the significance of seven demographic variables (gender, age, …

Gendered Livelihoods And The Politics Of Socio-Environmental Identity: Women’S Participation In Conservation Projects In Calakmul, Mexico, Claudia Radel

Environment and Society Faculty Publications

A livelihoods approach positions individuals, situated within households, as active agents within processes occurring at various scales. Environmental conservation efforts represent one such process with direct implications for local sustainable livelihoods and the gendered nature of livelihood strategies. In this article, I examine collective processes of socio-environmental identity construction as gendered sustainable livelihood strategies, articulated in and through the activities of women's agricultural organizations in communities bordering the Calakmul Biosphere Reserve in rural southern Mexico. I present group histories and visual evidence from group activities – adapted from participatory rural appraisal (PRA) methodology – to highlight two important concepts. These …

Attitudinal And Experiential Factors Of Interethnic Romantic Relationships Among Native American Emerging Adults, Merrill L. Jones

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Doctoral student in psychology at Utah State University, Merrill Jones, and his major advisor, professor and licensed clinical psychologist, Renee V. Galliher, surveyed a sample of Native American individuals in the 18- to 25-year-old range about their romantic relationship attitudes and experiences with ethnically-different dating partners. The survey measured the participants’ past dating experiences, with an emphasis on which social influences and individual characteristics might impact their current attitudes about choosing dating partners who are not Native American. The responses of the participants will also be analyzed to identify how these factors relate with the other factors, and which factors …

Digital Distance And Economic Development In Southeast Asia, Patricia Hornback

Faculty Publications - George Fox Digital

In the global financial system the economic strength, competency, and development of national economies and populations is significantly affected by the availability and use of Information Communication Technology (ICT). While the wealthier, industrialized nations enjoy the widest availability and use of these key technologies, the capacity and access to ICT is limited in developing nations and least developed countries (LDCs). Consequently, the lack of technology in many Southeast Asian countries may contribute significantly to their status as underdeveloped nations with impoverished economies and populations. This study explores the extent to which key social, economic, ethnolinguistic and infrastructure indicators outlined in …

Structure-Based Design Of Inhibitors Of Cxcr4., Jason Bradley Meier 1980-

Electronic Theses and Dissertations

Metastasis is a complex process requiring directed migration of metastatic cells to favorable microenvironments. Increased CXCR4 expression has been implicated in more invasive, aggressive and metastatic tumor phenotypes and poor patient survival in twenty-three forms of cancer. CXCR4 has been linked to cancer metastasis and CXCR4 expression on the cell surface of tumor cells has been linked to increased migration and homing of neoplastic cells to sites where stromal cells express the chemokine CXCL 12 such as the lung and bone marrow. In this dissertation, we will utilize structure based drug design to identify inhibitors of CXCR4 targeting the extracellular …

Regulation Of Morphogenesis By Ammonium Transporters In Ustilgo Maydis., Jinny A. Paul

Electronic Theses and Dissertations

Many species of fungi undergo a dimorphic transition to switch from a unicellular yeast-like growth form to a filamentous growth form. Ustilago maydis undergoes such a transition, in response to successful mating events and subsequent host cues, to form a filamentous pathogenic form. U maydis also undergoes haploid filamentous growth in response to several environmental cues including, but not limited to nutrient limitation, pH, lipids, among others. Ammonium transporter proteins (Amts) play an essential role in controlling the dimorphic transition in response to nutrient limitation, specifically nitrogen in the form of ammonium. I demonstrate a role for the U maydis …

Journal Of Sociology & Social Welfare Vol. 38, No. 4 (December 2011)

The Journal of Sociology & Social Welfare

TABLE OF CONTENTS

• IMPACT OF SOCIAL CAPITAL ON EMPLOYMENT AND MARRIAGE AMONG LOW INCOME SINGLE MOTHERS - Jennifer A. Johnson, Julie A. Honnold, and Perry Threlfall
• EMERGENCY ROOM USE BY UNDOCUMENTED MEXICAN IMMIGRANTS – Ayse Akincigil, Raymond Sanchez Mayers, and Fontaine H. Fulghum
• IF NOT WELFARE, THEN WHAT? HOW SINGLE MOTHERS FINANCE COLLEGE POST WELFARE REFORM - Kristin Wilson
• HEALTH SERVICE ACCESS FOR RURAL PEOPLE LIVING WITH HIV/AIDS IN CHINA: A CRITICAL EVALUATION - Xiying Wang, Xiulan Zhang, Yuebin Xu, and Yurong Zhang
• FOOD STAMPS AND DEPENDENCY: DISENTANGLING THE SHORT-TERM AND LONG-TERM ECONOMIC EFFECTS OF FOOD STAMP RECEIPT AND LOW …

Aghoreshwar Bhagawan Ram And The Aghor Tradition, Jishnu Shankar

Anthropology - Dissertations

Aghoreshwar Mahaprabhu Baba Bhagawan Ram Ji, a well-established saint of the holy city of Varanasi in north India, initiated many changes into the erstwhile Aghor tradition of ascetics in India. This tradition is regarded as an ancient system of spiritual or mystical knowledge by its practitioners and at least some of the practices followed in this tradition can certainly be traced back at least to the time of the Buddha. Over the course of the centuries practitioners of this tradition have interacted with groups of other mystical traditions, exchanging ideas and practices so that both parties in the exchange appear …