Digital Commons Network^™

The Supreme Court Of Canada And Constitutional (Equality) Baselines, Rosalind Dixon

Osgoode Hall Law Journal

In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter of Rights and Freedoms, the Supreme Court of Canada has adopted an unusual mix of broad and generous interpretation, and high formalism. This article argues that one potential reason for this is the degree of heterogeneity among the nine distinct enumerated grounds in section 15. Heterogeneity of this kind can produce quite different interpretive consequences, depending on whether a court adopts a direct, “multi-pronged,” or a more synthetic, “common denominator,” approach to the question of analogical development. The Court, over time, has implicitly shifted …

Transsexual And Intersex Athletes, Erin Buzuvis

Faculty Scholarship

In her chapter, the Author examines the impact of both past and present policies enacted by many sport organizations, such as the International Olympic Committee (IOC) on intersex and transsexual athletes. At the root of many of these policies, and therefore the issues, are the binary gender system and the concern that fraudulent competitors could gain an advantage relative to the rest of the field. While no longer mandatory, women athletes are still subject to varying degrees of sex verification testing on a case-by-case basis, as evidenced by the 2009 testing of South African runner, Caster Semenya.

Recent policies point …

Becoming Director: An Internal Candidate's View, Pat Newcombe, James M. Donovan

Faculty Scholarship

Within the literature on moving into library directorships, the track of the internal candidate is largely ignored. The purpose of this paper is to address this gap through description and analysis of the experiences of a successful inside candidate for the position of law library director.

In Denial: The Role Of Law In Preparing For Death, Barbara A. Noah

Faculty Scholarship

Only approximately 20% of Americans have engaged in any form of advance care planning and, even among older Americans, the process frequently is delayed until an acute illness provides sufficient pressure to act. End of life law, though flawed, offers some opportunity to express individual values and preferences via advance directives of various kinds in order to prepare for death before it is imminent. Yet many people avoid making these preparations because the thought of death is uncomfortable to confront. This Article considers the utility of existing law in preventing and resolving end of life disputes and avoiding over-utilization of …

Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi

Faculty Scholarship

If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal …

Lefemine V. Wideman: Entrenching Judicial Confusion And Beckoning A More Streamlined Analysis Of First Amendment Violations In The Anti-Abortion Protest Context, Blake Lauren Walsh

Maryland Law Review

No abstract provided.

The Ole Miss, University Of Mississippi

The Ole Miss (1897-)

The Ole Miss Annual 2013

The Freedom Of The Church (New Revised Standard Version), John D. Inazu

Scholarship@WashULaw

Significant discussion about the “freedom of church” has recently emerged at the intersection of law and religion scholarship and political theology. That discussion gained additional traction with the Supreme Court’s ruling in Hosanna-Tabor v. E.E.O.C., which recognized the First Amendment’s “special solicitude” for religious organizations. But the freedom of the church is at its core a theological concept, and its potential integration into our constitutional discourse requires a process of translation. The efficacy of any background political concept as legal doctrine will ultimately stand or fall on something akin to what Frederick Schauer has called “constitutional salience.”

The existing debate …

Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …

Psychiatric Nursing Care For Patients With Cardiac Disease, Gail Stern Msn, Donna Petruccelli Msn, Crnp, Np-C, Jeanne Manavizadeh Bsn, Rn, Pccn

Patient Care Services / Nursing

No abstract provided.

Predictive Validity Of The Savry Within A Diverse Population Of Juvenile Offenders, Scarlet Paria Woods

Psychology Theses

The current study examined the predictive validity of the SAVRY in African American and White recently adjudicated juvenile offenders in Louisiana. The sample consists of 267 community-based, male juvenile offenders, whom were tracked for an average follow-up period of 18 months. Receiver operating characteristic (ROC) analyses on the overall sample and African Americans, specifically, showed the numeric score predicted recidivism. Chi-square analyses found the SRR did not have a significant relationship with reoffending for general recidivism petitions. However, it was significant for all other forms of recidivism in the overall sample and African Americans. Hierarchical Cox regressions identified significant differences …

The Ineffectiveness Of The National Programmatic Agreement For Cell Phone Towers, Laura Briggs

Historic Preservation Theses

Since 2004, when the Nationwide Programmatic Agreement was created to help protect and standardize the process of telecommunication tower review within the United States, many installations have been erected that have caused adverse effects on the historic resources that those regulations were intended to protect. This thesis looks at why the Nationwide Programmatic Agreement was enacted and what could be changed to help improve the review and practice of the telecommunication tower process.

The goal was to identify the ways in which the agreement could be improved upon to help minimize adverse effects on historic properties by telecommunication installations that …

Abandoned To Functional: The Search For Historical Integrity In The Adaptive Reuses Of Kirkbride State Mental Hospitals, Caitlin E. Merritt

Historic Preservation Theses

Purpose: This thesis intends to understand historical integrity and how it plays a role in historic rehabilitation and adaptive reuse projects. More importantly, this study allows for a better understanding of the Kirkbride Plan as a particular building type that dominated state mental hospital design in between 1848-1890 and advanced the field of psychiatry. This study examines three adaptively reused Kirkbride hospitals Athens State Hospital, Athens, OH; Weston State Hospital, Weston, WV; and Danvers State Hospital Danvers MA. The three case studies were surveyed using the National Park Service seven aspects of historical integrity, to examine if historical integrity was …

Predicting Sexual Satisfaction From Self-Objectification And Alcohol Consumption, Nicole M. Nelson

Psychology Theses

This study was conducted to examine if gender, self-objectification and alcohol consumption were predictors of sexual satisfaction. It was expected that females would self-objectify more than males and self-objectification would negatively relate to satisfaction. It was expected that drinking alcohol would also negatively relate to satisfaction. Undergraduate participants (n=235) who reported a heterosexual sexual encounter within the past three months completed an online survey. Multiple linear regression analyses were conducted separately for males and females. It was found that gender was not a predictor of satisfaction; self-objectification did however negatively relate to sexual satisfaction for males and females, and alcohol …

The Camera’S Eye: Effects Of Video-Recording Perspectives And Double Blind Procedures On Perceptions Of Eyewitnesses And Lineup Administrators, Geno Salomone

Psychology Theses

Mistaken identification is the leading cause of convicting the innocent. To help reduce erroneous convictions associated with eyewitness error, video recording of the lineup procedure and identification has been recommended. There is little research however, on how video recording influences perceptions of the witness and detective. The present study was a 2 (Administration of Lineup: Single-Blind v. Double-Blind) X 4 (Perspective: Detective focus v. Eyewitness focus vs. Focus on Both v. Audio Only) between subjects design examining the differential impact of camera angle and knowledge of suspect by the detective on perceptions of the eyewitness and detective. Eyewitnesses were perceived …

Examining Whether Warning And Integration Instructions Alleviate Retrieval-Induced Forgetting, Alan Harrison

Summer Community of Scholars Posters (RCEU and HCR Combined Programs)

No abstract provided.

The Impact Of Font Size And Style On Perceived And Actual Learning, Nicholas Martin

Summer Community of Scholars Posters (RCEU and HCR Combined Programs)

No abstract provided.

City On The “River Of Awe”: An Historical & Observational Study Of Missoula’S Urban River Greenway, Sandra Burch

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Urban river greenways have the potential to serve as landscapes of civic environmentalism in the American West. Missoula’s urban river corridor is such a landscape. This study seeks to assess the history of Missoula’s urban river corridor, and the degree to which the city’s current urban river greenway meets social and environmental goals. The urban river greenway in Missoula is a successful social undertaking, and its history shows a positive change in the treatment of the river as a healthy landscape feature. In order to explore this concept, historical data was gathered on Missoula’s past relationship to the river, and …

Finding The Right Fit: Assessing The Impact Of Traditional V. Large Lecture/Small Lab Course Formats On A General Education Course, Susan M. Wildermuth, Tammy French, Edward Fredrick

International Journal for the Scholarship of Teaching & Learning

This study explores alternative approaches for teaching general education courses burdened with serving extremely large enrollments. It compares the effectiveness of a self-contained course in which each course section is taught by one instructor to a large lecture/small lab format in which all course enrollees attend one large lecture section and then are divided into several small lab sections for more intensive training experiences. The study uses the Introduction to Human Communication course at the authors’ university. Two hundred and seventy-five students enrolled in nine large lecture/small lab sections of the course and two hundred and fifteen students enrolled in …

Constructing A Kazak Christian Identity Using Collective Memory And Critical Contextualization, Kris Stewart Kappler

ATS Dissertations

No abstract provided.

Proactive And Self-Referred Care And Counseling In The Workplace : A Study Of Utilization And Effectiveness, Mark Robert Labonde

ATS Dissertations

No abstract provided.

Through The Lens Of Photography : A Missiological Study Of Liberian Culture And Identity From The Other Side, Gabriel Bernard Tait

ATS Dissertations

No abstract provided.

Alan Ryan: On Politics, Book One Study Guide, 2013, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

Computer Technology In Modern Music : A Study Of Current Tools And How Musicians Use Them, Garrett Bevins

Capstone Projects and Master's Theses

This paper presents a range of information about technology in music and examines how computer-based musicians are implementing this technology. The first part considers how the compositional framework of author, audience, and purpose applies to these musicians. The second part examines the crucial hardware and software tools that combine in these systems to work as a singular rig and instrument. The paper also covers some musical aspects of computer-based music projects, including mixing. The final element discusses advancements of virtual tools, and how they are surpassing the capabilities of hardware gear. Much of the research presented comes first hand from …

A "Novel" Approach To Recreational Reading: Creating A Virtual Collection On A Shoestring, Sarah P C Dahlen, Steve G. Watkins

Library Faculty Publications and Presentations

Reading for recreation has been tied to academic achievement and lifelong learning, but not all academic libraries have the capacity to offer a separate recreational reading collection for their users. A low/no-cost option is to create a virtual recreational reading collection that allows patrons to browse for print titles by genre or book cover, much as they would in a bookstore or physical collection. The authors recently implemented this solution at their institution by dynamically compiling records of existing titles belonging to genres that are often of interest to recreational readers. This article addresses the justification for investing staff time …

Visual Analysis Of E-Textbooks For Senior High School In Indonesia, Ouda Ena

Dissertations

The purpose of the study was to evaluate the visual images used as illustrations in the English electronic textbooks for grades ten, eleven, and twelve in Indonesia. Qualitative visual content analysis was employed as the methodology of the research. The analysis focused on whether these e-textbooks accommodated the religious, gender, ethnic, and socioeconomic diversity of the students. These four aspects of cultural diversity that influenced students learning in Indonesian contexts were crucial to examine because the students were so diverse as results of the geographical conditions and historical background of Indonesia. Eight English e-textbooks were examined. First, the result showed …

Acculturative Stress And Coping Strategies Used By Asian Indians Living In The United States: A Quantitative And Qualitative Inquiry, Ritu V. Thaker

Dissertations

The present research addressed acculturative stress experiences and coping strategies used by Asian Indians residing in the United States. The organizing research question was "What are the acculturative stress experiences and coping strategies used by first generation Asian Indians living in the United States?" The research question was explored through fourteen hypotheses.

A mixed method approach was employed. For the first phase, 54 first-generation Asian Indians were recruited from four sites using a purposive convenience sampling method, the SAFE-R standardized questionnaire was used to measure acculturative stress, the COPE scale to measure coping strategies, and a culturally grounded Socio-Demographic Information …

Injunctive Peer Misperceptions And The Mediation Of Self-Approval On Risk For Driving After Drinking Among College Students, Shannon R. Kenney, Joseph W. Labrie, Andrew Lac

Heads Up!

Of the alcohol-related risks faced by college students, it is arguable that none presents a greater public health hazard than driving after drinking (DAD). The present study examined the extent to which students’ injunctive misperceptions toward DAD predicted the likelihood to engage in DAD and how this relation was mediated by self-approval of DAD. Participants were 2,848 college students (59.1% female, 64.6% Caucasian) from two U.S. West Coast universities who completed confidential web-based surveys assessing DAD beliefs and behaviors. Results revealed that respondents tended to overestimate their peers’ approval toward DAD. Moreover, the subgroups likely to engage in DAD—men, 21+ …

First-Year College Women's Motivations For Hooking Up: A Mixed-Methods Examination Of Normative Peer Perceptions And Personal Hookup Participation, Shannon R. Kenney, Vandana Thadani, Tehniat Ghaidarov, Joseph W. Labrie

Psychological Science Faculty Works

This study used content analysis techniques to explore 221 first-year college women's perceptions of female peers’ reasons (i.e., normative perceptions) for hooking up. Data on personal participation in hooking up were also collected. The well-established Drinking Motives Questionnaire (Cooper, 1994) was used as a framework for coding positive (enhancement or social) and negative (coping or conformity) normative hookup motivations. Participants most commonly indicated that enhancement reasons motivated peers’ hookup behaviors (69.7%). Coping (23.5%), external (21.7%), social (19.5%), and conformity (16.3%) motives were cited less frequently. Furthermore, women who had hooked up since matriculating into college (61.5%, n = 136) were …

The Influence Of Shamanism In The Korean Adventist Church, Gyeongchun Choi

Journal of Adventist Mission Studies

No abstract provided.