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2011

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The Impossibility Of Agnostic Discrimination Law, Deborah M. Weiss Jan 2011

The Impossibility Of Agnostic Discrimination Law, Deborah M. Weiss

Utah Law Review

The extent and nature of discrimination in American life remains a deeply contentious issue. Many doctrinal issues hinge on judicial assumptions about the prevalence of discrimination, and every Supreme Court nominee’s opinions on this matter are closely scrutinized. Yet only a small set of discrimination cases depend on substantive doctrinal issues. The typical employment discrimination case seems to raise a simple factual question: did a particular employer treat a particular employee differently because of membership in a protected group? The larger societal pattern of discrimination—its manifestations, causes, and frequency—appears to be untethered to the facts of that dispute, failing the …

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The Psychology Of Stroke In Young Adults: The Roles Of Service Provision And Return To Work, Reg Morris Jan 2011

The Psychology Of Stroke In Young Adults: The Roles Of Service Provision And Return To Work, Reg Morris

School of Psychology

Literature about the psychological consequences of stroke in those under 65 is reviewed focussing on services and work. Despite similarities, young and old survivors have different experiences and needs. These are attributable to the effects of stroke on age-normative roles and activities, self-image, and the young person's stage in the life-cycle, especially family and work. “Hidden” cognitive impairments, a disrupted sense of self, and the incongruity of suffering an “older person's” disease are salient. Young survivors benefit from services, but experience lack of congruence between their needs and service philosophy, methods, and aims, and consequently have unmet needs. Employment is …

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Concert Recording 2011-11-29, Emily Mcpherson, Richard Bobo Jan 2011

Concert Recording 2011-11-29, Emily Mcpherson, Richard Bobo

Concert Recordings & Programs

Contrastes I for flute et basson (1977) / Eugene Bozza -- Music for a low-budget epic (2001) / Jan Bach -- Duo for flute & bassoon no. 1 (1992) / Gernot Wolfgang -- Sonatine pour flute et basson (1962) / Pierre Gabaye

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Valuing The Future: Intergenerational Discounting, Its Problems, And A Modest Proposal, Stephen G. Marks Jan 2011

Valuing The Future: Intergenerational Discounting, Its Problems, And A Modest Proposal, Stephen G. Marks

Faculty Scholarship

This article examine how intergenerational investment projects, such as, investments related to global warming, natural resources, energy, etc., should be undertaken. In particular, it examines two popular prescriptions: 1) In making intergenerational investments, policymakers should use a zero discount rate. 2) In making intergenerational investments, policymakers should use the market rate. The article shows that neither of these prescriptions are correct. Indeed, the article suggests that using present-value discounting at all is extremely problematic. Instead, the best we can probably do is to is to adopt a simple algorithm: set certain minimal goals for future generations: clean air, potable water, …

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Child Pornography And Community Notification: How An Attempt To Reduce Crime Can Achieve The Opposite, J. J. Prescott Jan 2011

Child Pornography And Community Notification: How An Attempt To Reduce Crime Can Achieve The Opposite, J. J. Prescott

Articles

Community notification laws, designed to reduce the frequency of sex offenses by alerting potential victims to nearby threats and by encouraging citizen monitoring of potential recidivists, may make sense in the context of traditional sex offenses and sex offenders. But child pornography crimes and the individuals who commit them are different, and they differ from archetypal sex crimes and criminals in ways that may unintentionally cause community notification laws to facilitate crime rather than inhibit it. Child porn offenses typically involve money or trade, and their commission hinges on successfully conspiring with others. Markets and information are necessary building blocks …

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Corrective Justice For Civil Recourse Theorists, Scott Hershovitz Jan 2011

Corrective Justice For Civil Recourse Theorists, Scott Hershovitz

Articles

Though I think the civil recourse critique of the leading conceptions of corrective justice is in some respects misguided, I do not want to join up to the thrust and parry here. My aim in this Article is to show that there is a better conception of corrective justice than the ones that Goldberg and Zipursky target, that this conception of corrective justice is untouched by the civil recourse critique, and that civil recourse is best understood as a corrective justice account of tort. In other words, I aim to explain corrective justice for civil recourse theorists.

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Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross Jan 2011

Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross

Articles

The fundamental problem with false convictions is that they are unobserved, and in general, unobservable. We don't spot them when they happen-if we did, they wouldn't happen-and in most cases we can't identify them after the fact. We have no general reliable test for innocence or guilt; if we did, we'd use it at trial. As result, we often say that we don't know for sure whether a convicted criminal defendant is innocent or guilty, or even that we can't know for sure. But this isn't exactly true-or rather, its truth depends on who we mean by "we."

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Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson Jan 2011

Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson

Articles

In this short symposium contribution, I attempt first to add some further evidence on the interpretive question. That evidence weighs strongly, in my view, in favor of Kagan's conclusion that the terminology does not communicate any particular congressional intent regarding presidential directive authority. Assessed in context, the "whole code" textual analysis presented by Stack does not justify the conclusion that Congress, by delegating to an executive branch official, meant to limit presidential control. Independent agencies excluded, interpreting the terms of simple and presidential delegations to speak to directive authority fails, in general, to make sense of the various statutes. Absent …

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Effect Of Preinjury Use Of Antiplatelet Agents In Patients With Isolated Traumatic Brain Injury, Danielle Cheeseman Md, David Milia Md, David Kashmer Md, Farheen Hussain Ms, John J. Hong Md, Robert D. Barraco Md Jan 2011

Effect Of Preinjury Use Of Antiplatelet Agents In Patients With Isolated Traumatic Brain Injury, Danielle Cheeseman Md, David Milia Md, David Kashmer Md, Farheen Hussain Ms, John J. Hong Md, Robert D. Barraco Md

Department of Surgery

No abstract provided.

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Treatment Of Acute Aortic Dissection At A Community Hospital: A 10 Year Review Of Outcomes., Timothy S. Misselbeck, Stephen Deturk, Matthew Wilson, Theodore Phillips Md, Michael Szwerc Md, Sanjay Mehta Md, Gary Szydlowski Md, Raymond Singer Md, James Wu Md Jan 2011

Treatment Of Acute Aortic Dissection At A Community Hospital: A 10 Year Review Of Outcomes., Timothy S. Misselbeck, Stephen Deturk, Matthew Wilson, Theodore Phillips Md, Michael Szwerc Md, Sanjay Mehta Md, Gary Szydlowski Md, Raymond Singer Md, James Wu Md

Department of Surgery

No abstract provided.

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Tuberculous Colitis, Firas G. Madbak Md, Dale A. Dangleben Md, Facs Jan 2011

Tuberculous Colitis, Firas G. Madbak Md, Dale A. Dangleben Md, Facs

Department of Surgery

No abstract provided.

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Kindergartners Can Read And Understand : Emergent Reading Strategies At Work, Kacey Lynn Beyer Jan 2011

Kindergartners Can Read And Understand : Emergent Reading Strategies At Work, Kacey Lynn Beyer

Graduate Research Papers

The need for kindergarten educators to be effective in teaching both word solving and comprehension strategies is paramount. Educators are challenged to teach even the most emergent readers to use strategies to help them read and understand what they have read. The explicit teaching of both word solving and comprehension strategies in kindergarten builds a strong foundation for literacy learning throughout a student's school career and beyond. Fostering a love of literature and an attitude of lifelong literacy learning can be achieved for all students with the proper supports in place. This paper defines each word solving and comprehension strategy …

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Readers' Workshop In The Elementary Classroom, Alaina Terese Daters Jan 2011

Readers' Workshop In The Elementary Classroom, Alaina Terese Daters

Graduate Research Papers

In this research project, Reader's Workshop is defined and explored in relation to an elementary classroom setting. The literature review describes the importance of independent reading, the structures and components of readers' workshop, how readers' workshop motivates and engages readers, and finally how to get started with readers' workshop in the elementary classroom. Following the literature review, there is a three-year professional development plan that lays out the key components of readers' workshop and its format for training a staff on how to implement this structure into their elementary classroom. Year one of the professional development project discusses what reader's …

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Surveying The Online Classroom : Student Reactions To E-Learning, Jordan Dierks Jan 2011

Surveying The Online Classroom : Student Reactions To E-Learning, Jordan Dierks

Graduate Research Papers

The utilization of commercial, open source, and institution designed learning management systems are increasing in higher education. Universities are competing with each other to find qualified applicants or increase enrollment. Many higher education institutions are evaluating their return on investment for educational technologies, white public institutions are facing the reality of shifting funding sources from state support to self-sufficiency. The purpose of this study is to determine if the use of a learning management system (LMS) in an online classroom supporting either a full-web or blended course affects student satisfaction with the learning experience. Additional areas examined include whether students …

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Children With Cerebral Palsy And Early Intervention Services, Genalee Horsfield Jan 2011

Children With Cerebral Palsy And Early Intervention Services, Genalee Horsfield

Graduate Research Papers

The purpose of this literature and research review is to understand early home intervention services for children with Cerebral Palsy. The review focuses on children between birth and five years old and their families. Studies were reviewed worldwide including the United States, Sweden, Netherlands, and Australia. These studies include information about service providers, different programs for children with Cerebral Palsy and their families, frequency of visits that occur for the children and their families, and the disadvantages and advantages of early intervention services for children with cerebral palsy. The conclusion of this literature and research review also includes recommendations based …

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Motivating Struggling Readers, Tawnie Kerska Jan 2011

Motivating Struggling Readers, Tawnie Kerska

Graduate Research Papers

This literature review discusses the effects of extrinsic and intrinsic motivation with regard to struggling readers. Intrinsic motivation is the drive inside a student to do an activity on their own. Extrinsic motivation is to do something in order to receive some sort of reward or praise. Teachers need to move from using extrinsic motivators to creating more intrinsic motivation within students. It is essential for teachers to understand the five guiding principles behind motivating students: building self-efficacy, activating schema, interest and relevance, using extrinsic reinforcers to engage, and making facilitative attributions. Understanding these principles provides teachers with strategies to …

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Student Motivation And No Child Left Behind, Tiffany Kleckner Jan 2011

Student Motivation And No Child Left Behind, Tiffany Kleckner

Graduate Research Papers

The No Child Left Behind Act was developed in 2002 by the administration of George W. Bush. The purpose of this piece of legislation was to increase student achievement in America. Regulations and requirements have been put in place by the administration such as standardized testing. This paper discusses the history of NCLB, the current issues with the legislation, and how student motivation and achievement has been effected due to the NCLB law.

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Curricular Integration In The Elementary Classroom, Jill Leibold Jan 2011

Curricular Integration In The Elementary Classroom, Jill Leibold

Graduate Research Papers

The No Child Left Behind Act and how it narrows the elementary curriculum is an important educational issue. Integration is a valuable teaching practice that is becoming more wide spread in today's classrooms because of the pressures placed on teachers by NCLB. Integration is used to relieve some of the pressures of NCLB by helping teachers create more time to teach all subject areas. Integration allows teachers to connect learning standards across the curriculum and make lessons more meaningful for the students. This paper describes what integration is and why teachers need to implement integration into their daily instruction. In …

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The Development Of Musical Improvisation In Second Grade Children, Akiko Yoshizawa Jan 2011

The Development Of Musical Improvisation In Second Grade Children, Akiko Yoshizawa

Graduate Research Papers

The purpose of this qualitative case study was to investigate if second-grade children could develop a solo improvisation on an Orff xylophone. Participants were five African-American children who attended a model school that followed an inquiry-based approach curriculum. These children also had a chance to learn music from a faculty and the researcher, who had been exploring constructivist methods of teaching music, with a special emphasis on invented songs, instruments, and notations. The three-day study focused on how children were able to create a solo improvisation. The study was guided by the following questions: (1) Can second grade children develop …

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Concert Recording 2011-04-06, Jacob Lee, Tazonio Anderson, Brice Smith, Andrew Chu, Andrea Schenk Jan 2011

Concert Recording 2011-04-06, Jacob Lee, Tazonio Anderson, Brice Smith, Andrew Chu, Andrea Schenk

Concert Recordings & Programs

Trio in E♭ Major ("Kegelstatt"), K. 498 / Wolfgang Amadeus Mozart -- Three miniatures / Krzysztof Penderecki -- Première rhapsodie / Claude Debussy -- Quintet, op. 115 / Johannes Brahms

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Concert Recording 2011-04-04a, C. J. Morris, Dallas Tucker, Nick Ryan, Jesse Austin, Brice Smith, Kristine Mezines, Janelle Hollister, Gretchen Renshaw, Chelsea Williams, Patrick Sallings, Andrew Chu, Tazonio Anderson, Andrea Schenk, Jacob Lee, Adriana Rueda Garcia, Sarah Manasreh, Amy Frenzel Jan 2011

Concert Recording 2011-04-04a, C. J. Morris, Dallas Tucker, Nick Ryan, Jesse Austin, Brice Smith, Kristine Mezines, Janelle Hollister, Gretchen Renshaw, Chelsea Williams, Patrick Sallings, Andrew Chu, Tazonio Anderson, Andrea Schenk, Jacob Lee, Adriana Rueda Garcia, Sarah Manasreh, Amy Frenzel

Concert Recordings & Programs

Doomsday machine / Michael Burritt -- Moments for flute / Muczynski -- Ernani involami / Giuseppe Verdi -- Flight / Philip Wilby -- Entr'acte / Jacques Ibert -- Quintet in b minor, op. 115 / Johannes Brahms -- Voice for flute solo / Toru Takemitsu -- Sonata / Johannes Brahms -- Sonetto 104 del Petracha / Franz Liszt

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Concert Recording 2011-04-11, Joseph Pullara, Patrick Oliverio, Brice Smith, Sarah Manasreh, Cecilia Taher, Andrew Chu, Margaret Stall, Brandon Hults, Aurélien Boccard Jan 2011

Concert Recording 2011-04-11, Joseph Pullara, Patrick Oliverio, Brice Smith, Sarah Manasreh, Cecilia Taher, Andrew Chu, Margaret Stall, Brandon Hults, Aurélien Boccard

Concert Recordings & Programs

Jeu d'espirit ; Rush ; Incantation ; D(I)agon(als) ; Euterpe's caprice ; Caprice ; Pulsar ; among dawn flowers ; Cathedral waterfall (Homage to Olivier Messiaen / August Read Thomas

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Concert Recording 2011-04-02, Alicia Mueller, Andrew Chu, Amy Frenzel Jan 2011

Concert Recording 2011-04-02, Alicia Mueller, Andrew Chu, Amy Frenzel

Concert Recordings & Programs

Concerto for 2 violins in d minor, BWV 1043 / Johann Sebastian Bach -- Sonatina in G Major, op. 100, Antonín Dvořák --Violin sonata, no. 7, op. 30, no. 2 / Ludwig van Beethoven

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Concert Recording 2011-04-09, Nick Byars, Sophie Kirmanidou, Tazonio Anderson, Chelsey Martin, Heather Werschky, Brice Smith, Caleb Van Wyhe, Jon George, Zack Plumlee, Bailey Stephens, Andrew Chu, Alicia Mueller, Amy Frenzel Jan 2011

Concert Recording 2011-04-09, Nick Byars, Sophie Kirmanidou, Tazonio Anderson, Chelsey Martin, Heather Werschky, Brice Smith, Caleb Van Wyhe, Jon George, Zack Plumlee, Bailey Stephens, Andrew Chu, Alicia Mueller, Amy Frenzel

Concert Recordings & Programs

Sonata no. 8, op. 30, no. 3 in G Major / Ludwig van Beethoven -- Elegy for solo viola / Benjamin Britten -- Czardas / Vittorio Monti -- Sonata no. 1, op. 12, no. 1 / Ludwig van Beethoven -- Incantation / Augusta Read Thomas -- Sonata no. 2, in d minor, op. 121 / Robert Schumann

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Effects Of Environmental Variables On Food Consumption, Denise Eslinger Jan 2011

Effects Of Environmental Variables On Food Consumption, Denise Eslinger

Dissertations and Theses @ UNI

Overweight and obesity is a growing epidemic among adults, adolescents, and children in the United States. Since 1980, rates of obesity have doubled among adults and tripled among children, and college students are not immune to this trend. This may be due, in part, to portion sizes that exceed individuals' caloric needs. Although many studies have demonstrated that people's food consumption is highly influenced by environmental factors ( e.g., the size of a portion that is given), there has been very little theoretical work exploring the reasons for this influence. To determine if portion size would affect consumption when a …

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Transforming Lives: Exploring The Impact Of Transitioning On Female-To-Male Transpersons And Partners Of Female-To-Male Transpersons, Megan Marie Tesene Jan 2011

Transforming Lives: Exploring The Impact Of Transitioning On Female-To-Male Transpersons And Partners Of Female-To-Male Transpersons, Megan Marie Tesene

Dissertations and Theses @ UNI

Recent trends in gender scholarship point to an increased research focus on transidentified persons. However, the majority of it revolves around the experiences of transpersons as individuals while ignoring the influence that transitioning has on intimacy in personal relationships. Furthermore, while previous research on FtM transpersons tends to emphasize the benefits that transmen receive from transitioning, the current study focuses on some of its negative implications. Through ten semi-structured, in-depth interviews, this research explores the experiences of four transmen and six partners of transmen who were involved in a romantic relationship during the transition process. My findings indicate that transitioning …

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The Effects Of Bat Velocity And Bat Quickness On Offensive Statistical Performance In Ncaa Division I Female Softball Players, Thomas Manford Flack Jan 2011

The Effects Of Bat Velocity And Bat Quickness On Offensive Statistical Performance In Ncaa Division I Female Softball Players, Thomas Manford Flack

Dissertations and Theses @ UNI

The purpose of the study was to examine the effects of bat velocity and quickness on offensive statistical performance of six members of the University of Northern Iowa's women's Division I softball team. Each of the participants was requested to engage in a warm-up and stretching routine to minimize injuries due to the high force generated during isometric contraction and maximal swings. Data collection procedures were performed in one session for each subject. Reflective spherical markers were placed on the distal end of the softball bat, the proximal end of the bat as well as an additional marker in the …

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A Study Of The Relationship Between Mental Toughness And Success In College Basketball, Nathan T. Oakland Jan 2011

A Study Of The Relationship Between Mental Toughness And Success In College Basketball, Nathan T. Oakland

Dissertations and Theses @ UNI

Mental toughness has been viewed as a vital attribute and characteristic in the world of athletics since the beginning of sport. Mental Toughness began to gain notoriety in the public forum however, when Vince Lombardi won Super Bowl I in 1967 as the Head Coach of the Green Bay Packers. Coaches and athletes alike often speak of mental toughness and its importance, though in the world of athletics, the challenge has been the overall lack of a sound definition of mental toughness. Until recently, research has been sparse on the topic which has led to confusion and misunderstanding of mental …

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A Descriptive Study Of The Leadership Behaviors Of Ncaa Division I And Ii Head Basketball Coaches As They Pertain To The Path-Goal Theory, Troy Curtis Muilenburg Jan 2011

A Descriptive Study Of The Leadership Behaviors Of Ncaa Division I And Ii Head Basketball Coaches As They Pertain To The Path-Goal Theory, Troy Curtis Muilenburg

Dissertations and Theses @ UNI

The purpose of this study was to examine perceived leadership behaviors of National Collegiate Athletic Association (NCAA) Division I and II men's basketball head coaches. Specifically, this study examined the training and instruction, social support, and positive feedback behaviors as assessed using the Leadership Scale for Sport (LSS) (Chelladurai & Saleh, 1980). A secondary purpose was to examine potential relationships between these behaviors, win/loss percentages, and head coaching experience. Based on path-goal theory, it was hypothesized that the scores for the training and instruction, social support, and positive feedback behaviors would be high, and there would be a positive relationship …

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Concert Recording 2011-06-29, Olga Greenhut, Aurélien Boccard, Courtney Hardin, Kristine Mezines, Robert Nowlin, S. Michael Shuman, Megan Webb, Jonathan Chavez, Judd Burns, Donna Rollene Jan 2011

Concert Recording 2011-06-29, Olga Greenhut, Aurélien Boccard, Courtney Hardin, Kristine Mezines, Robert Nowlin, S. Michael Shuman, Megan Webb, Jonathan Chavez, Judd Burns, Donna Rollene

Concert Recordings & Programs

Che fiero costume / Giovanni Legrenzi -- Dido and Aeneas. When I am laid in earth / Henry Purcell -- O cessate di piagarmi / Alessandro Scarlatti -- Danza, danza, fanciulla / Francesco Durante -- Stabat Mater. Cujus animam gementem / Gioacchino Rossini -- Ständchen ; Lachen und Weinen / Franz Schubert -- Elijah. If with all your hearts / Felix Mendelssohn -- Prelude in C. Ave Maria / Johann Sebastian Bach ; adapted by Charles Gounod -- Le manoir de Rosamonde / Henri Dupac -- Shéhérazade. La flûte enchanteé / Maurice Ravel -- Hotel / Francis Poulenc -- All …

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