Digital Commons Network^™

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Journal Articles

No abstract provided.

Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam

Book Chapters

The idea that constitutionalism is central to the legitimate exercise of public power has dominated the modern liberal imagination since the Enlightenment. The ideal of limited collective self-governance has spawned a rich and highly diverse tradition of hard-fought national constitutions from the time of the Glorious Revolution into the present. Today, however, constitutionalism faces its greatest challenge yet: the question of its continued relevance to modern governance. With the explosion of governance beyond the state, many wonder whether constitutionalism as we know it is being marginalized or altogether undermined.

A Legal Framework For Targeted Killing, Monica Hakimi, A. Guiora

Book Chapters

I agree with much of what Professor Amos Guiora says, but I disagree with the method he uses to get there. And I believe the method matters. Guiora assesses targeting operations under an "active self-defense" paradigm, with elements from both the jus ad bellum (the law governing the use of force) and the jus in bello (the law governing the conduct of hostilities). Under Guiora's paradigm. a state may target terrorism suspects in anticipatory self-defense if: (I) targeting is proportional to their threat; (2) collateral damage is minimized; (3) alternatives to targeting are infeasible; and (4) military necessity justifies the …

Sellarsian Synopsis: Integrating The Images, Jay L. Garfield

Philosophy: Faculty Publications

Most discussion of Sellars’ deployment of the distinct images of “man- in-the-world” in Philosophy and the Scientific Image of Man focus entirely on the manifest and the scientific images. But the original image is important as well. In this essay I explore the importance of the original image to the Sellarsian project of naturalizing epistemology,connecting Sellars’ insights regarding this image to recent work incognitive development.

Corporate Agendas And Ground-Realities: A Transnational Perspective On Indian Workers And Corporate Social Responsibility (Csr), Payal Banerjee, Kasturi Gupta

Sociology: Faculty Publications

This paper focuses on the complexities and contradictions within the practices of Corporate Social Responsibility (CSR) arising as a result of CSR’s implementation within a neoliberal framework and, based on empirical observations, provides an assessment of the following: 1) critical overview of CSR initiatives on employees of large-scale manufacturing companies in India; and 2) an analysis of flexible hiring practices and the consequent marginalization of Indian immigrant information technology (IT) workers in the U.S. as a subcontracted workforce and their exclusion from CSR agendas despite their contributions to many CSR-member corporations. Both the IT and manufacturing sectors have been key …

Belonging As A Mode Of Interpretive In-Between: Image, Place And Space In The Video Works Of Racialised And Homeless Youth, Rory Crath

School for Social Work: Faculty Publications

In an essay in Critical Social Work, Robert Fairbanks suggests that space perspectives need to be accounted for in social work practice if the profession is to procure a more nuanced understanding of the production of social relationships. Yet, Fairbanks s analysis fails to account for the problematic of a spatialised politics of belonging for racialised subjects, and for the connections between racialising practices and (neo)liberal governance on localized social-spatial relations. This paper addresses these shortcoming by accomplishing three objectives: (1) To introduce a renewed vector of space thesis by borrowing from post-colonial writings; (2) To enliven that frame by …

The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Pathway To Minority Shareholder Protection: Derivative Actions In The People's Republic Of China, Donald C. Clarke, Nicholas C. Howson

Book Chapters

Using a dataset of Chinese judicial opinions arising in over fifty cases, this paper analyses the development and current implementation of shareholder derivative actions in the courts of the People’s Republic of China (“PRC”), both before and after the derivative lawsuit was explicitly authorized in the PRC’s 2006 Company Law effective January 1, 2006. In addition, we describe the very unique ecology of enterprise organization and corporate governance in modern China, and critique the formal design of the derivative action and offer reform suggestions. We find the design of the Chinese derivative lawsuit to be, in some respects, innovative and …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 19, Issue 1, 2012.

Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher

Journal of Law, Technology, & the Internet

No abstract provided.

Continuous- And Discrete-Time Structured Malaria Models And Their Dynamics, Junliang Lu

Dissertations

No abstract provided.

Learning Mathematics With Technology: The Influence Of Virtual Manipulatives On Different Achievement Groups, Patricia S. Moyer-Packenham, Jennifer Suh

Teacher Education and Leadership Faculty Publications

This study examined the influence of virtual manipulatives on different achievement groups during a teaching experiment in four fifth-grade classrooms. During a two-week unit focusing on two rational number concepts (fraction equivalence and fraction addition with unlike denominators) one low achieving, two average achieving, and one high achieving group participated in two instructional treatments (three groups used virtual manipulatives and one group used physical manipulatives). Data sources included pre- and post-tests of students’ mathematical content knowledge and videotapes of classroom sessions. Results of paired samples t-tests examining the three groups using virtual manipulatives indicated a statistically significant overall gain following …

Empathy With Animals: A Litmus Test For Legal Personhood?, Dillard Carter

Animal Law Review

This is one of the fundamental questions that frame the study of animal law: To what extent should nonhuman animals be considered legal persons? Of course, this question presupposes that we share or can arrive at a common and stable conception of legal personhood. In fact, there are a variety of conceptions of legal personhood. This Introduction will explore one in particular and, in the process, question the extent to which simply being born Homo sapiens satisfies the potentially complex and demanding requirements of being a legal person. This argument will lead us to reframe animal law a bit and …

Partners Without Partners: The Legal Status Of Single Person Partnerships, Donald J. Weidner, Robert J. Hillman

Scholarly Publications

Is it possible to have a partnership consisting of one person, a partner without a partner? The question will arise when all but one of the members leaves a partnership. The Revised Uniform Partnership Act attempts to give greater stability to partnerships by narrowing the circumstances under which dissolutions occur, but it also fails to address the fundamental and important question of whether a partnership may be continued by a sole surviving partner.

In this Article, we explore the issues raised by a single person partnership. In particular, we address the central issue of whether the departure of the penultimate …

An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl

Scholarly Publications

While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …

Debtor's Prison In The Neoliberal State: "Debtfare" And The Cultural Logics Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Linda Coco

California Western Law Review

The enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") of 2005, amending the Bankruptcy Reform Act of 1978, marks a transformation in bankruptcy law and policy that is representative of larger shifts in dominant economic and political models from "embedded liberalism" to free market "neoliberalism." BAPCPA's provisions are part of the new practices of the emergent neoliberal state as they relate tot he American middle class segment of hte population. In disciplining hte middle class, BAPCPA shifts the risk and the responsibility of the lending relationship onto consumer debtors. BAPCPA does this by keeping financially distressed individuals …

Harlan's Ground Sloth (Paramylodon Harlant) (Xenarthra: Mylodontidae) From The Late Pleistocene (Rancholabrean) Of Iowa, H. Gregory Mcdonald

Journal of the Iowa Academy of Science: JIAS

Harlan's ground sloth, Paramylodon harlani, is documented for the first time from Iowa. The record is based on a fifth metacarpal recovered from a gravel bar within West Tarkio Creek, Page County. While the specimen was not found in situ, and could not be radiocarbon dated, the local geology suggests that it was probably derived from sediments that post-date Peorian loess deposition and is late Wisconsinan in age. This specimen extends the range of Paramylodon 350 km ro the northeast of the closest previously known locality. Its size is slightly larger than average for other late Pleisrocene (Rancholabrean) …

Perspectives: Developing And Defining Both Science And Science Education As Disciplines, Robert E. Yager

Journal of the Iowa Academy of Science: JIAS

The six "domains" have been identified as features for the "doing" of science. These six are: Concept, Process, Creativity, Attitude, Application, and Worldview. They are offered to affect teaching, student learning, as well as a new way of defining science. Concepts and Processes often are the only two typically used to define school and college science content; Creativity and Positive Attitudes are added as two "enabling" domains; a fifth Domain is offered as a focus on the Application of typical concepts and process skills. It is the Domain where and how most people live and operate! The sixth Domain is …

Detection And Identification Of Salmonella Enterica, Escherichia Coli, And Shigella Spp. Via Pcr-Esi-Ms: Isolate Testing And Analysis Of Food Samples, Sarah E. Pierce, Rosalee S. Hellberg, Chorng-Ming Cheng, Kai-Shun Chen, Donna M. Williams-Hill, William B. Martin, Marc W. Allard

Food Science Faculty Articles and Research

An assay to identify the common food-borne pathogens Salmonella, Escherichia coli, Shigella, and Listeria monocytogenes was developed in collaboration with Ibis Biosciences (a division of Abbott Molecular) for the Plex-ID biosensor system, a platform that uses electrospray ionization mass spectroscopy (ESI-MS) to detect the base composition of short PCR amplicons. The new food-borne pathogen (FBP) plate has been experimentally designed using four gene segments for a total of eight amplicon targets. Initial work built a DNA base count database that contains more than 140 Salmonella enterica, 139 E. coli, 11 Shigella, and 36 Listeria patterns and 18 other Enterobacteriaceae organisms. …

University Of Southern Maine Undergraduate Catalog 2012-2013, University Of Southern Maine

Course Catalogs

No abstract provided.

Enhancing Esl Learners’ Reading Comprehension Through The Reading Strategy Of Prediction, Monica Ahabwe

Master of Education

The act of reading for comprehension is a demanding task as it requires coordination of a number of simultaneous tasks. Learners’ low proficiency in reading comprehension has been a major concern for English as a Second Language (ESL) teachers in Tanzania. This study explored how the reading strategy of prediction can be used to enhance ESL learners’ reading comprehension in a private secondary school Form One class in Tanzania. The study employed a qualitative collaborative action research design that involved a teacher-researcher and a cooperating teacher of English. The general approach to the study was based on the action research …

Of Guilds And Men: Copyright Workarounds In The Cinematographic Industry, Adriane Porcin

UC Law SF Communications and Entertainment Journal

The motion picture industry utilizes a varied collection of more or less formal mechanisms for dealing with the collective nature of audiovisual works, ranging from collective bargaining to legal presumptions. What these instances of copyright workarounds have in common is that they are all about circumventing traditional notions of authorship (the right to be deemed the author of a work) and ownership (the right to exert control over a work). When considered from an international perspective, the cinematographic industry is fertile ground for an exploration of such mechanisms.

After a recitation of the Berne Convention, this paper will proceed to …

Can Consumers Be Wise? Aristotle Speaks To The 21st Century, Barry Schwartz, D. G. Mick

Psychology Faculty Works

No abstract provided.

Crowding Out Morality: How The Ideology Of Self-Interest Can Be Self-Fulfilling, Barry Schwartz

Psychology Faculty Works

No abstract provided.

Gender And Culture In Psychology: Theories And Practices, E. Magnusson, Jeanne Marecek

Psychology Faculty Works

Gender and Culture in Psychology introduces new approaches to the psychological study of gender that bring together feminist psychology, socio-cultural psychology, discursive psychology and critical psychology. It presents research and theory that embed human action in social, cultural and interpersonal contexts. The book provides conceptual tools for thinking about gender, social categorization, human meaning-making, and culture. It also describes a family of interpretative research methods that focus on rich talk and everyday life. It provides a close-in view of how interpretative research proceeds. The latter part of the book showcases innovative projects that investigate topics of concern to feminist scholars …

Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill

Faculty Publications

The school nurse cannot give your teenage daughter an aspirin for her headache without your permission, but that same daughter can get an abortion without even informing you. Or can she? The obligations on medical personnel providing care to adolescents are famously indeterminate.

Two common-law presumptions have long lurked in the background, but, far from elucidating matters, those presumptions have contributed to the state of confusion. The first presumption is that, absent any special rule, children lack the legal authority to consent to medical treatment on their own. A parallel and corresponding presumption is that parents have a legal entitlement …

Receptor Antagonism And Dyskinesia In Parkinson’S Disease, Micaela Morelli, Fabio Blandini, Nicola Simola, Robert A. Hauser

Neurology Faculty Publications

Dyskinesia, a major complication of treatment of Parkinson’s disease (PD), involves two phases: induction, which is responsible for dyskinesia onset, and expression, which underlies its clinical manifestation. The unique cellular and regional distribution of adenosine receptors in basal ganglia areas that are richly innervated by dopamine, and their antagonistic role towards dopamine receptor stimulation, have positioned receptor antagonists as an attractive nondopaminergic target to improve the motor deficits that characterize PD. In this paper, we describe the biochemical characteristics of receptors and the effects of adenosine antagonists in rodent and primate models of PD on L-DOPA-induced dyskinesia, together with relevant …

Driving A Hard Bargain: Accepting Responsibility For A Significant Curtailment Of Federal Prosecutorial Discretion In United States V. Divens, Rory A. Eaton

Villanova Law Review (1956 - )

No abstract provided.

The "Element" Of Surprise: The Third Circuit Bucks The Foreign Trade Antitrust Improvements Act Trend In Animal Science Products, Inc. V. China Minmetals Corp., Daniel Wotherspoon

Villanova Law Review (1956 - )

No abstract provided.

Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland

Villanova Law Review (1956 - )

No abstract provided.