Digital Commons Network^™

The Use Of The Communication Checklist - Adult (Cc-A) For Assessing The Communication Abilities Of Individuals Post Traumatic Brain Injury, David B. Fitzgerald

Theses : Honours

Background and aims: Standardised and non-standardised assessments are used in speech pathology to evaluate an individual’s communication abilities post traumatic brain injury (TBI; e.g. Turkstra et al., 2005b). However, valid, reliable and norm-referenced standardised assessments that examine functional communication abilities of individuals post TBI outside of the clinical environment are limited. This study sought to investigate the validity of the Communication Checklist - Adults (CC-A; Whitehouse & Bishop, 2009), a caregiver questionnaire that assesses the communication abilities of individuals post TBI.

Method: The project recruited 14 participants post TBI with varying communicative impairment severities. Each participant completed a routine communication …

Recruitment Discrimination Against Middle Eastern People In Western Australia : The Case Of Accountants, Tiny Pinkerton

Theses : Honours

The population of all Western countries are ageing and humanitarian efforts saw increasing numbers of people from Middle Eastern origin settle in Australia. Whilst older people are encouraged to remain in paid employment longer, it is not clear whether Middle Eastern people and the older population are as readily hired as are Anglo Australians and the younger population. Pairs of fictitious, unsolicited job applications were used to test for age and racial discrimination of Middle Eastern people in the Western Australian labour market. The study employed a 2 x 2 between subjects design with race (Anglo Australian and Middle Eastern) …

Four Reforms For The Twenty-First Century, Barry C. Scheck

Articles

What follows are my top four suggestions for judicial action and advocacy that can result in urgently needed and readily achievable reforms. Ass the American Judicature Society and its members consider their agenda and mission for the coming years, each of these issues deserves their support.

International Students At Uni: An Analysis Of Experiences, Kellie Petersen

Honors Program Theses

It is important that people feel welcome in a society. It contributes to the health and comfort of individuals as well as strengthens society as a whole. This is particularly important to immigrants, who are entering a new country and therefore a new society and culture. Due to their immigrant status, they may feel disconnected from this new society and culture. Such a feeling could be intensified if some individuals within the society and culture display xenophobia. This generally refers to intense and irrational dislike or even a fear of people from other countries, but for the purposes of this …

"In Our Veins Flows The Blood Of Many Brave Races": The Influence Of The German Literary Vampire On Constructions Of Race And Nation In Nineteenth-Century British Vampire Fiction, Amanda L. Alexander

Cal Poly Humboldt theses and projects

The literary vampire figure, as it would be recognized today, entered English literature through translations of late eighteenth century German poetry. The purpose of this project is to explore how the relationship between German vampire ballads and British vampire narratives acts as a literary manifestation of German-British cultural and political attitudes and interactions in the roughly century and a half before World War I. This relationship will be discussed through an exploration of the constructs of blood and body within vampire narratives in direct relationship to sociocultural discourses of race in Pre-WWI England. This project seeks to explore the following …

The Case Against The Case Against The Death Penalty, Chad W. Flanders

All Faculty Scholarship

Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions …

Implausible Injuries: Wal-Mart V. Dukes And The Future Of Class Actions And Employment Discrimination Cases, Marcia L. Mccormick

All Faculty Scholarship

In 2001, a class action suit was brought against Wal-Mart, where plaintiffs sought to certify a class of every woman who did work for the giant retailer or had worked for it since 1998, seeking relief related to promotion and pay policies. Plaintiffs alleged that they were all discriminated against on the basis of sex. The Supreme Court agreed with Wal-Mart, finding that the class did not meet requirements for class actions set by Rule 23. This article explores the reasoning behind the Supreme Court’s split decision that the class did not meet the commonality standard, which relied significantly on …

The Roberts Court And The Law Of Human Resources, Matthew T. Bodie

All Faculty Scholarship

The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace. The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis. This article looks at the Roberts Court's labor and employment law cases through the lens of human resources. In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players. Even if labor and employment law scholars do not agree …

Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker

All Faculty Scholarship

For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …

Legal Positivism And Russell's Paradox, David G. Carlson

Articles

In this Article, I argue that legal positivism is subject to the same paradox as was engendered by Frege's set theory-a paradox that has come to be known as Russell's Paradox. Basically, Frege tried to define what a set is. Russell showed that, because of self-reference, any attempt to define the word "set" led to formal condition. I argue that Russell's analysis can be applied to legal positivism, if "legal positivism" is defined to mean that a complete and closed rule of recognition for law is a logical possibility. I also argue that, to the extent legal positivism claims that …

[Introduction To] Heroic Leadership: An Influence Taxonomy Of 100 Exceptional Individuals, Scott T. Allison, George R. Goethals

Bookshelf

Heroic Leadership is a celebration of our greatest heroes, from legends such as Mahatma Gandhi to the legions of unsung heroes who transform our world quietly behind the scenes. The authors argue that all great heroes are also great leaders. The term ‘heroic leadership’ is coined to describe how heroism and leadership are intertwined, and how our most cherished heroes are also our most transforming leaders.

This book offers a new conceptual framework for understanding heroism and heroic leadership, drawing from theories of great leadership and heroic action. Ten categories of heroism are described: Trending Heroes, Transitory Heroes, Transparent Heroes, …

Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald

Articles

The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality. While a low quality recording seems to lower a listener's valuation of …

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Articles

No abstract provided.

Exploring The Third Culture Building Approach For Effective Cross-Cultural Interaction For Black American Professionals In Predominantly White Institutions, Tessa R. Sutton

University of the Pacific Theses and Dissertations

Professional interactions that are both functional and mutually beneficial are rare. The purpose of this study is to explore an application of a Third Culture Building (TCB) approach, a mutually constructed interpersonal process between two individuals, for Black American professionals (with advanced knowledge acquired from institutions of higher learning), to generate a new space in Predominantly White Institutions (PWis). These institutions include settings where the racial composition is becoming consistently more diverse (through past desegregation efforts). Although the U.S. has moved beyond integration and the monumental Civil Rights Movement of the 1960s, racism and intercultural barriers that prevent functional cross-cultural …

Is Seasteading The High Seas A Legal Possibility? Filling The Gaps In International Sovereignty Law And The Law Of The Seas, Ryan H. Fateh

Vanderbilt Journal of Transnational Law

Seasteading--homesteading of the modern era--is a desire to develop above-water settlements in international waters known as seasteads. Once a fleeting dream, seasteading has entered the realm of possibility with the technological advancements and financial contributions of The Seasteading Institute (TSI). TSI's ultimate goal is ambitious: to establish permanent seasteads as sovereign states recognized by the United States and eventually by other members of the United Nations. Because international law promulgated by the United Nations addresses only state actors and TSI is a nonstate actor, this Note argues that international law does not prohibit the seastead communities from merely existing in …

A Behavioral Economic Approach To Nuclear Disarmament Advocacy, Alexander S. Rinn

Vanderbilt Journal of Transnational Law

Nuclear disarmament advocates have provided a strong moral voice for the total disarmament of nuclear weapons, but if they are to remain credible participants in the disarmament process, they must redouble their efforts to assist in the difficult technical and political obstacles that stand in the way of a world without nuclear weapons. This Note first outlines impediments to disarmament towards which advocates could helpfully direct their attention, such as: conventional force imbalances; developing "proliferation-safe" civil nuclear technologies; enforcing nonproliferation obligations; and verifying nuclear disarmament. Second, it explains how tools from behavioral economics and negotiation theory could inform a more …

Reverse-Rhetorical Entrapment: Naming And Shaming As A Two-Way Street, Suzanne Katzenstein

Vanderbilt Journal of Transnational Law

"Naming and shaming," the process of exposing, publicizing, and condemning human rights abuses, is one of the most important and common strategies used by human rights advocates. In an international political system where power is typically defined in terms of military strength and market size, advocacy groups draw on a mixture of moral and legal means to pressure governments to improve their human rights behavior. In general, the mere act of naming and shaming can promote human rights norms by reinforcing the shared understanding that some types of government conduct are beyond the pale.'

Naming and shaming may also work …

Expanding The Vienna Convention On Consular Relations, Sarah G. Mccroskey

Vanderbilt Journal of Transnational Law

Article 37 of the Vienna Convention on Consular Relations (VCCR) aims to protect the interests of foreign national children by requiring consular notification whenever these children come into the custody of the state. Consular assistance can be invaluable for foreign national parents and children who may not understand the language or the culture and who may be subject to discrimination based on their nationality. However, the VCCR is currently inadequate in two major ways. First, the protections of Article 37 are only triggered when the child in custody is a foreign national, leaving vulnerable to unfair treatment families in which …

Don't Paint Your Chevy Blazer In High Visibility Orange, Roy R. Behrens, Rich Dana

Faculty Publications

No abstract provided.

Usability Analysis Of Homepage Of Websites Of National Libraries In Asia, Paramjeet K. Walia, Monika Gupta

Library Philosophy and Practice (e-journal)

This paper aims to study the usability features of selected national libraries’ websites of Asia with regard to their general features of website, URL, window title, date and time, navigation, content, search and graphic and animation. A usability evaluation checklist was designed on the basis of guidelines given by Neilson and NIC (National Informative Centre) which was grouped into eight major criteria. After evaluating the homepage of selected websites under study it was found that the National Library of Japan is at rank number one among 23 national libraries of Asia and National Library of Maldives at the bottom rank. …

Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz

GW Law Faculty Publications & Other Works

US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the EU, privacy is hailed as a fundamental right that trumps other interests. Even at the threshold level - determining what information is covered by the regulation - the US and EU differ significantly. The existence of personal information - commonly referred to as “personally identifiable information” (PII) - is the trigger for when privacy laws apply. PII is defined quite differently in US and …

Predicting Commitment For Those In Military Relationships, Darrina Sofia Bledsoe

Dissertations and Theses @ UNI

Little research has been conducted concerning how deployments affect spouses' and service members' commitment to their relationships (Merolla, 2010). The current study investigated relationship commitment of military spouses and service members in long-distance relationships (LDR) and geographically close relationships (GCR). The investment model (IM; Rusbult, Martz, & Agnew, 1998) predicts that relational commitment is influenced by three factors: satisfaction, alternatives, and investment. Additionally, the perceived stress scale (PSS; Cohen, Kamarack, & Mermelstein, 1983), which focuses on levels of stress influenced by daily hassles, major events, and changes in coping resources, was utilized as a means to predict commitment in conjunction …

Personal Account From Sister Mary Mccauley, Mary Mccauley

Postville Project Documents

An account of the Agriprocessors immigration raid by Sister Mary McCauley, who was the pastoral administrator for the parishes in northeastern Iowa at the time, telling of the actions taken by her and the surrounding community on the day of the raid and the weeks following.

Making Historical Fiction Appealing To Young Adults Through Book Trailers, Chelsey Kolpin

Graduate Research Papers

The Hi-Fi for Wi-Fi website was developed to address the problem that many young adults do not select historical fiction for free reading because they view the genre negatively. The website can be used as an advisory and teaching tool for young adults, teachers, parents, and librarians to increase interest in historical fiction via book trailers. The website includes 15 books that were published in 2003 or after, and are included in the H.W. Wilson core or highly recommended collections. Book trailers and descriptions for all 15 books are embedded on the pages of the website, and are organized by …

In-Corp-O-Real: A Psychological Critique Of Corporate Personhood And Citizens United, Teneille R. Brown

Utah Law Faculty Scholarship

It seems absurd today that a robot’s political speech could ever warrant First Amendment protection. And yet, fifty years ago the same claim regarding corporations would have seemed equally absurd. But here we are, with anthropomorphized corporations enjoying political free speech rights equal to ordinary human beings. While corporations are constitutional people and robots presently are not, it is not obvious that this will, or should, remain this way forever. In the not-too-distant future, robots will more closely resemble human beings in appearance and function. When — not if — this happens, how will courts distinguish corporations from robots for …

Digital Divide: The Roles Of Access And Self-Efficacy On College Readiness, Kristen Rojas

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This study examined how the roles of computer access, demographics, and self-efficacy on college readiness mastery for high school seniors in an affluent suburb in Southeastern Florida. Data was collected from an online survey using a quasi-experimental setting and a convenient sample of 322 high school seniors at a single public high school location. Statistical analysis was done using SPSS software to determine if differences exist between access, demographics, and self-efficacy contribute to college readiness mastery.

Results from this study revealed that a digital divide existed; also, findings within groups were different for those with household income over $100,000, those …

Are We Ready For A New Epidemic Of Under Recognized Liver Disease In South Asia Especially In Pakistan? Non Alcoholic Fatty Liver Disease, Om Parkash, Saeed Hamid

Section of Gastroenterology

Nonalcoholic fatty liver disease (NAFLD) is increasingly recognized as an important public health problem nowadays. NAFLD encompass a variety of liver pathologies including simple steatosis, NASH, fibrosis, cirrhosis and finally cancer. It is associated with obesity, metabolic syndrome, dyslipidaemia, Insulin resistance (IR) and type 2 diabetes. It is the most common chronic liver disease in USA and considered to be increasing in Asia Pacific region including South Asia however there is no community based study from Pakistan. Customarily NAFLD had been regarded as a benign disease; however clinical as well as epidemiological studies had contradicted this belief because approximately 20% …

Changes In Lower Extremity Biomechanics Due To A Short-Term Fatigue Protocol, Nelson Cortes, Eric Greska, Roger Kollack, Jatin Ambegaonkar, James A. Onate

Human Movement Studies & Special Education Faculty Publications

Context: Noncontact anterior cruciate ligament injury has been reported to occur during the later stages of a game when fatigue is most likely present. Few researchers have focused on progressive changes in lower extremity biomechanics that occur throughout fatiguing.

Objective: To evaluate the effects of a sequential fatigue protocol on lower extremity biomechanics during a sidestep-cutting task (SS).

Design: Controlled laboratory study.

Setting: Laboratory.

Patients or Other Participants: Eighteen uninjured female collegiate soccer players (age 19.2 ± 0.9 years, height = 1.66 ± 0.5 m, mass 61.6 ± 5.1 kg) volunteered.

Intervention(s): The independent variable was fatigue level, with 3 …

The Resiliency And Attitudes Skills Profile: An Assessment Of Factor Structure, Takeyra Williams, Edwin Gomez, Eddie Hill, Tammi Milliken, Jennifer Goff, Nicole Gregory

Human Movement Studies & Special Education Faculty Publications

This study examines the Resiliency Attitudes and Skills Profile (RASP) in an afterschool recreation program with sixth grade students (N=137). The purpose of the study was to inspect the psychometric properties of the RASP and the internal consistency of the RASP global scale and subscales. This article expands on research reported on the RASP. Findings suggest that the RASP measures aspects of resiliency along four factors/dimensions. Suggestions for future research are provided.

Urban Adventure Racing: Using Grounded Theory To Assess Motives, Eddie Hill, Edwin Gómez, Brandi Brinkley, Marni Goldenberg

Human Movement Studies & Special Education Faculty Publications

Although urban adventure races (ARs) have grown in popularity, little research exists on the reasons for the rising interest. Typically, adventure races are defined as a series of outdoor tasks completed within a given course or timeframe that are meant to challenge individuals, both mentally and physically. ARs borrow much from adventure programming. Aspects of AR programming may include goal-setting, problem-solving activities, and processing, and is often theoretically driven. This study used Grounded Theory as a basis for exploring why participants choose ARs, and if motives vary by gender. Of the 60 questionnaires collected, 40 were suitable for data analysis. …