Digital Commons Network^™

Legal Norms' Distinctiveness In Legal Transplants And Global Legal Pluralism, Toby S. Goldbach

All Faculty Publications

This paper examines the transnational movement of law and legal pluralism in the transnational domain in order to play with a specific question: whether legal norms are distinctive or whether there is a distinctive way that legal norms operate in practice. The paper engages with the International and considers two empirical domains or sets of disciplines: Legal Transplants and Global Legal Pluralism. Both reflect on the relationships between multiple overlapping legal orders and between "donors" and "recipients" in interactional legal practices. These disciplines point to moments of problem-articulation, periods of translation, and practices of acceptance and recognition. The paper suggests …

The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law's Doctrine Of Equivalents With The Fda's Bioequivalence Requirement, Janet Freilich

Faculty Scholarship

Contrary to popular perception, generic drugs often enter the market before the patents covering their brand name counterparts have expired by making slight changes to the drug to avoid the brand name patent. These generics face a paradox: the U.S. Food and Drug Administration (FDA) requires that the generic "not show a significant difference" from the reference product, while patent law requires that the generic have "substantial differences" as compared to the reference product. The generic must be bioequivalent, but not legally equivalent, to the brand name drug. This paradox occurs frequently in the courts but has never been discussed …

Introduction To The Special Issue On The Arab Spring, Ayodeji Kamau Perrin

Faculty Scholarship

What quickly became known as the "Arab Spring" is a series of protest movements, reform movements, and revolutions (some bloody and some relatively "bloodless") that has been ongoing for more than two years in the majority-Muslim world of the Middle East and North Africa. Arab Spring recalls both the European Revolutions of 1848, dubbed the "Springtime of the Peoples," as well as the Prague Spring of 1968. And the events have drawn comparisons to the post-Soviet revolutions of 1989. The compilation of essays contained in this Special Issue of the Journal of International Law reflects on these events from a …

Motivation Matters: Guideline 10.13 And Other Mechanisms For Preventing Lawyers From Surrendering To Self-Interest In Responding To Allegations Of Ineffective Assistance In Death Penalty Cases, Tigran W. Eldred

Faculty Scholarship

Defense lawyers whose clients are sentenced to death are virtually guaranteed to be accused of ineffective assistance of counsel. The question is how they will respond. On one hand, lawyers alleged to be ineffective are obligated under Guideline 10.13 of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases to continue to safeguard the interests of their former clients, a duty that includes full cooperation in appropriate legal strategies chosen to pursue the ineffectiveness claim. On the other hand, lawyers who are accused of ineffectiveness often react defensively to the allegation, reflexively …

Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

The reasons criminal lawyers so often fail to provide adequate legal representation to indigent defendants are well-­known: severe underfunding, excessive workloads, and other disincentives for competent representation work together to encourage quick disposition of cases, with little regard for the quality of legal services that are provided. Yet, largely overlooked in this equation is whether defense lawyers who provide subpar representation are aware of their own shortcomings. To answer this question, this Article focuses on the psychology of ethical decision making. Relying on research that reveals the subtle ways that self-­interest can cause people to overlook unethical behavior, it argues …

Brigance Transition Skills Inventory, Jonna L. Bobzien

Human Movement Studies & Special Education Faculty Publications

[Introduction] The BRIGANCE Transition Skills Inventory (TSI) is one of the assessment tools within the BRIGANCE family of assessment instruments. The TSI is a compilation of two previously published assessments, the Employability Skills Inventory and the Life Skills Inventory, and involves significant content additions and updates. The TSI consists of a series of more than 100 criterion-referenced assessments targeting skills necessary for students with special needs as they begin post-secondary transition preparations (Curriculum Associates, 2010). The TSI measures skills and transition service needs in four key areas: Academic Skills (e.g., speaking, writing, math), Post-Secondary Opportunities (e.g., interests, communication, technology), Independent …

Parent Participation In Family Programs: Involvement In Literacy Interactions, Adult And Child Instruction, And Assessment, Andrea D. Parecki, Sabra B. Gear

Human Movement Studies & Special Education Faculty Publications

The purpose of this article is to describe optimal parent participation in family literacy programs and parent-child literacy interactions, most specifically during interactive reading. Family literacy can be interpreted in many ways, resulting in diverse models of implementation that take place in Head Start programs, community agencies, schools and other venues. Since early literacy starts in the home environment where parents, across cultural, ethnic, and socioeconomic backgrounds, want their children to learn successfully, family literacy programs that enhance parent-child interactions can directly assist many parents in supporting their children to become proficient readers. Implementation and outcomes of program activities on …

Processing Research And Development Of 'Green' Polymer Nanoclay Composites Containing A Polyhydroxybutyrate, Vinyl Acetates, And Modified Montmorillonite Clay, James N. Mckirahan Jr.

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this research was to determine the feasibility of direct melt-blending (intercalation) montmorillonite nanoclay to polyhydroxybutyrate along with vinyl acetate, at different weight percentages, to enhance plasticization using typical plastic processing equipment and typical processing methodology. The purpose was to determine and compare the specific mechanical properties of tensile strength and flexural strength developed as a result from this processing. Single screw and twin screw extrusion, Banbury mixer compounding, and compression molding were used to intercalate montmorillonite, and for sample preparation purposes, to test tensile and flexural strength of the resultant polymer clay nanocomposites (PCN). Results indicate Polyhydroxybutyrate …

A Qualitative Inquiry Into The Experiences Of People Living With Hiv/Aids For An Extended Period Of Time, Sylwia P. Hodorek

All-Inclusive List of Electronic Theses and Dissertations

The experience of living with a chronic illness such as HIV/AIDS is complex. The longevity of people living with HIV/AIDS is increasing and changing the medical and mental health care provision for these individuals. A qualitative approach was used to explore the lived experiences of long-term survivors of HIV/AIDS along three factors: (a) uncertainties, (b) stigma, and (c) coping. The research was guided by the constructivist paradigm and biopsychosocial approach. The methodology utilized was the constructivist grounded theory approach, which emphasizes simultaneous data collection and analysis. Semi-structured interviews were conducted with 10 participants who have been living with HIV/AIDS for …

Identifying Effective Strategies To Providing Technical Support To One-To-One Programs, Mark W. Thomas

All-Inclusive List of Electronic Theses and Dissertations

The problem of this study was that while one-to-one initiatives in the K-12 environment are growing, the technical support personnel that work in these environments are experiencing problems supporting these initiatives. The purposes of this study were to: (a) identify common problems of providing technical support in a one-to-one laptop program, (b) identify strategies that will help overcome the problems with providing technical support in a one-to-one laptop program, and (c) determine the effectiveness the strategies have on the technical support of a one-to-one initiative. This research was designed to be a descriptive study that uses data collection to answer …

All Things Forget The Forest: The Convergence Of The War And The Pastoral In Edward Thomas's Body Of Work, Nicole Trobaugh

All-Inclusive List of Electronic Theses and Dissertations

Edward Thomas, often identified as a war poet, eludes definitive characterization despite the fact that his poems are often anthologized as war poems. However, unlike other widely-known war poets, such as Siegfried Sassoon and Wilfred Owen, the imagery present in Thomas's poetry contains much subtlety and features dominant usage of nature themes. This project attempts to navigate the multi-faceted world of Edward Thomas through consideration of his love for nature, his melancholic predispositions, and his preoccupations with the looming Great War in order to study Thomas's use of natural imagery in the context of grief, melancholy, and traumatic experience. To …

Screening For Social Emotional Difficulties Among Elementary Students: A Comparison Of Screening Methods And Teacher Perceptions, Megan Renee Kirk

All-Inclusive List of Electronic Theses and Dissertations

The purpose of the proposed study was twofold. First, three methods used for screening students for emotional and behavioral difficulties were compared. These three methods consisted of two methods currently in use in the schools and one systematic universal screening process utilizing a standardized rating scale that was introduced for this research. Second, teacher perceptions about and acceptability of the systematic universal screening process were explored. The sample included 13 teachers from a rural school district in the Midwest who assessed the students in their respective classrooms in addition to completing surveys and participating in focus group interviews at the …

Implementation, Integration, And Optimization Of A Fuzzy Foreground Segmentation System, Ryan M. Bowen

Theses

Foreground segmentation is often an important preliminary step for various video processing systems. By improving the accuracy of the foreground segmentation process, the overall performance of a video processing system has the potential for improvement. This work introduces a Fuzzy Foreground Segmentation System (FFSS) that uses Mamdani-type Fuzzy Inference Systems (FIS) to control pixel-level accumulated statistics. The error of the FFSS is quantified by comparing its output with hand-segmented ground-truth images from a set of image sequences that specifically model canonical problems of foreground segmentation. Optimization of the FFSS parameters is achieved using a Real-Coded Genetic Algorithm (RCGA). Additionally, multiple …

The Correspondence Of Attachment Dimensions To Prayer Styles Among Undergraduate Students, Nathaniel Aaron Lamkin

All-Inclusive List of Electronic Theses and Dissertations

Despite the fact that prayer is a daily practice for many Americans, and is considered by some the heart and soul of spirituality, relatively little research has been conducted to understand the individual differences of people's prayer styles. A previous study found that people who have higher levels of avoidance attachment are less likely to engage in prayers that are designed to facilitate a closer relationship with God (e.g., Meditative and Colloquial). It also found that people who have higher levels of anxious attachment are more likely to engage in help seeking types of prayers (e.g., Petitionary). Since the study, …

The Effects Of Mindfulness Meditation And Resonant Frequency Breath Training On Emotion Regulation And Physiological Responses, Timothy James Neary

All-Inclusive List of Electronic Theses and Dissertations

Efficient, integrative methods to foster greater emotion regulation that are applicable to diverse populations are needed. Mindfulness meditation and resonant frequency breath training are independently positively correlated with changes in emotion regulation. The acquisition of effective emotion regulation strategies may be amplified by the interaction of mindfulness meditation practice and resonant frequency breath training. A sample of 82 undergraduate novice meditators were randomized in a four group design utilizing a control, mindfulness only, resonance only, and combined mindfulness and resonance breath training conditions delivered in a three-week intervention. Self-report measures assessed the use of emotion regulation strategies (ERQ), changes in …

The Effects Of Social Rank On Shame And Guilt, Alexandra Bohaska

All-Inclusive List of Electronic Theses and Dissertations

The differentiation of shame and guilt is not widely discussed. The reason why some people feel shame while others feel guilt is also not universally understood. Various theories have examined cultural influences and how individuals attribute the outcome of various situations. This paper discusses past theories of the reasons behind shame and guilt and conducts a study that examines how social rank, or lack thereof, could affect a person's emotional response. It was predicted that when the participants, consisting of college undergraduates and residents of a private community, are primed towards feelings of superordination or equality, via vignettes, they would …

The Effects Of Timing And Visual Cues On Social Anxiety In Online Communication, Michael R. Knobeloch

All-Inclusive List of Electronic Theses and Dissertations

The development of internet-based mediums for communication has created new ways to study social interactions. Previous research has shown that individuals high in social anxiety report more comfort in online social interactions than in face-to-face interactions. Similarly, individuals have been found to self-disclose more online than in face-to-face interactions, regardless of anxiety level. Computer-mediated communication also allows for more controlled interactions because of the potential to remove visual, auditory, and time-based factors that are inherent to most other communication mediums. This study explored the influence of visual and timing aspects of computer-mediated communication on self-reported levels of anxiety. The study …

Perception Of Poverty: Promoting Social Responsibility Through Multi-Sensory Integration, Daniel Skrok

Theses

Traditional graphic design and marketing rely heavily on visual forms of communication. With advertisements all around us, the constant visual bombardment has led to an over stimulated consumer, creating a challenge for designers to invent alternative ways to capture the audience's attention. Multi-sensory integration overcomes this challenge in my opinion, by integrating more than the sense of sight and is more effective and memorable, because it conveys the core message through multiple senses rather than one. The integration of additional senses within the field, particularly olfactory in my opinion, helps to enhance the overall communication and facilitate a more potent …

Calligraphy Inspires Furniture, Chen Li

Theses

The seal script, a form of Chinese calligraphy used mostly on seals, inspires my thesis work. In both East and West, the seal is a personal signature for letter correspondence as a communication. Written communication is an excellent process in which there is an exchange and progression of thoughts and feelings towards a mutually accepted goal or direction. Through this source of inspiration, I will attempt to create a dialogue about cultural differences between my Chinese heritage and the new experiences in America. Sometimes, this relationship is easy and straightforward, but sometimes it creates conflicts. For my Thesis body of …

Use Of The Combination Of The Brief And Basc-2 In Assessment Of Adhd, Andrea Knoll

All-Inclusive List of Electronic Theses and Dissertations

ADHD is one of the most frequently diagnosed childhood disorders in the United States today; however, diagnostic specificity remains challenging. Accepted models of ADHD routinely highlight the role of executive function (EF) deficits as a core feature of ADHD. However, performance based measures of EF do not consistently discriminate between ADHD and no-ADHD clinical groups. Research has supported use of the Behavior Rating Inventory of Executive Function (BRIEF) in discriminating between ADHD and no-ADHD and between subtypes. However, EF deficits can occur for various reasons. Broad range behavior rating scales help identify areas of behavioral concern that may aid clinicians …

Working Memory And Executive Functioning Impairment As Endophenotypes Of Schizophrenia Spectrum Disorders, Carina A. Iati

All-Inclusive List of Electronic Theses and Dissertations

Evidence indicates that impairments in working memory and executive functioning exist in individuals who have decompensated into schizophrenia, as well as their genetic relatives. Few studies, however, have examined whether these impairments function as premorbid indicators of vulnerability to schizophrenia-related disorders in the absence of genetic relatedness for risk determination. According to Meehl's (1962, 1990) model of schizotypy individuals vulnerable to schizophrenia-related disorders evidence subtle symptoms of vulnerability, referred to as endophenotypes , regardless of whether eventual decompensation occurs. The present study represents a cross-sectional portion of a larger longitudinal study, and investigates whether individuals who demonstrate an elevated risk …

E-Learning Implementation Strategies For An Ict-Challenged Environment : Case Of The University Of Ghana, Legon, Isaiah T. Awidi

Theses: Doctorates and Masters

E-learning implementation in higher education continues to gain prominence in both developed and developing countries, and while most universities in ICT-rich environments are exploring different ways of using ICT and multimedia resources to enhance teaching and learning, the same cannot be said about ICT-challenged environments. Nevertheless, the question of successful and sustainable e-learning implementation continues to remain a challenge, particularly in ICT-challenged environments.

The primary purpose of this research was to examine policy and strategy issues that have influenced the process of e-learning implementation at the University of Ghana (UG), given that previous ICT and e-learning initiatives failed to improve …

Chanted Landscapes, Fernando N. Zialcita

Sociology & Anthropology Department Faculty Publications

Landscapes within, landscapes without. Contrary to positivist science, the boundary between our body and the world is indefinite and shifting. When I experience space, according to the phenomenologist Maurice Merleau-Ponty (1964: 59), I do not experience it as “an exterior wrap.” Instead, “I see space from within, I am enfolded by it… rather than the world being in front of me, it is around me.” Moreover, in our experience there is a constant interplay between the open and the closed, between the within and the without, between the here and the yonder, between inner space and outer space, writes Gaston …

Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik

Research Collection Yong Pung How School Of Law

Singapore is the first Asian country to accede to the UNCITRAL Convention on the Use of Electronic Communications in International Contracts (“CUECIC” or “Convention”). Upon accession, the Singaporean Electronic Transactions Act (“ETA” or “Act”) was repealed and re-enacted in a modified version, with effect from 1 July 2010. The modified ETA retains the framework of the original ETA but adds or amends certain provisions dealing with electronic contracting to align domestic e-commerce regulations with the Convention. Accordingly, Singapore is not only the first Asian nation to accede to the CUECIC but also the first nation to implement some of its …

Educating For The Future: Teaching Evidence In The Technological Age, Denise H. Wong

Research Collection Yong Pung How School Of Law

The advent of the technological age has had significant effect on litigation practice, none more so than in the area of evidence gathering and presentation in court. A significant proportion of evidence that is gathered for both criminal and civil matters is now electronic in nature, and this necessitates a change in the way that lawyers think and advise on evidential issues. It is argued here that rather than simply focusing on principles relating to the admissibility of evidence in court, the traditional course on evidence law should be modified to equip students with an intellectual framework that conceives of …

Causation, Remoteness, Scope Of Duty And The Rubenstein Decision, Kee Yang Low

Research Collection Yong Pung How School Of Law

Oftentimes, based on the facts of a case, what justice requires is reasonably clear; yet, when the clever arguments of the defendant’s lawyers have to be dealt with, the Judge faces difficult, even insurmountable obstacles as he seeks the legal justification for the result which he knows (or feels) is the correct one. Rubenstein v HSBC1is such a case. The Rubensteinjudgment is not easy to digest, for several reasons. First, the claims traversed statutory duty, tort of negligence and contract and, along with that, the perennial vexed question of whether different paths should lead to the same result. Second, the …

Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu

Research Collection Yong Pung How School Of Law

This article examines China's role in the prevention of vessel-source pollution in the South China Sea. The article argues that, although the South China Sea is a disputed sea area, China has the potential to play a leading role to improve the prevention of vessel-source pollution in this area. By playing a key role in addressing the issue of vessel-source pollution China also has the opportunity to demonstrate its willingness to co-operate to protect the marine environment of the South China Sea without inflaming the thorny sovereignty disputes in the area. First, the sovereignty disputes in the South China Sea …

Four Candidates, Two-Horse Race?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor of Law and NMP Eugene Tan said that much is at stake for the four political parties contesting the Punggol East by-election. Regardless of how the parties seek to characterise the by-election, it will be fought on both local and national issues. Although it is a four-cornered contest, the race will effectively be a two-horse race between the Workers' Party (WP) and the incumbent People's Action Party (PAP). The by-election is also a way station for PAP and WP as they move towards the next General Election, which promises to be the real watershed election. Assistant Prof …

Planning Ahead - A Guide For Your Cropping Program, Janet Paterson

Farm Systems and Economics published reports

It is difficult to think logically and make rational choices when under extreme pressure.

The seasonal break between harvest and preparation for seeding is a good time to get some rest and take some time to consider the position of your enterprise.

This is your best opportunity to assess risks and make important decisions when the demands on your time are few.

Most people, farm managers included, struggle to make sound decisions if they are extremely stressed-this is only natural. If you feel that you are struggling to make decisions, counselling services are a valuable resource to help you plan …

Student English Achievement, Attitude And Behaviour In Bilingual And Monolingual Schools In Aceh, Indonesia, Khairiah Syahabuddin

Theses: Doctorates and Masters

Following the tsunami in 2004, the education system in Banda Aceh, Indonesia,was reconstructed and revitalised, and part of this involved foreign intervention in setting up bilingual schools alongside state-run monolingual schools. The purpose of this study is threefold. The first is to investigate the achievements of first year middle school students in Banda Aceh (Indonesia) in English essay writing, English reading comprehension, and attitude and behaviour with regard to learning English, as dependent variables, in the context of differences in gender and school types (bilingual and monolingual schools). The second is to investigate attitude and behaviour of students with regard …