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2014

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The Independence Of Railway Infrastructure Managers In The Jurisprudence Of The Court Of Justice Of The European Union, Łukasz Gołąb Jan 2014

The Independence Of Railway Infrastructure Managers In The Jurisprudence Of The Court Of Justice Of The European Union, Łukasz Gołąb

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

It is noticeable that the European Commission has recently increased its activities with respect to the evaluation of the national implementation process of European Rail Transport Law. As a result, the Commission has submitted a number of claims to the Court of Justice of the European Union against those Member States which – in the opinion of the EC – have infringed their obligations to implement the relevant EU provisions. The following article discusses a number of cases examined by the Court of Justice in the context of the requirements on the independence of infrastructure managers arising from EU jurisprudence

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An Appraisal Of The Level Of Legal Independence Of The President Of The Polish Office Of Rail Transportation Based On Fabrizio Gilardi's Model, Wojciech Pawłuszko Jan 2014

An Appraisal Of The Level Of Legal Independence Of The President Of The Polish Office Of Rail Transportation Based On Fabrizio Gilardi's Model, Wojciech Pawłuszko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject of this article is an appraisal of the level of legal independence of Poland’s railway regulatory authority – the President of the Office of Rail Transportation – by using Fabrizio Gilardi's model. The assessment considers the social and legal background of the regulator's actions, as well as a variety of factors determining the authority’s legal position. The assessment is made by quantifying the most important of these circumstances. The article considers also to what a degree the Polish legislator has fulfilled its role to ensure an appropriate status of the national railway regulator.

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The Property Tax Exemption For Buildings And Land Belonging To Railway Infrastructure Applicable If The Infrastructure Manager Is Obligated To Share Them With Licensed Rail Carriers, Katarzyna Wróbel Jan 2014

The Property Tax Exemption For Buildings And Land Belonging To Railway Infrastructure Applicable If The Infrastructure Manager Is Obligated To Share Them With Licensed Rail Carriers, Katarzyna Wróbel

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The wording of Article 7 of the Act of 12 January 1991 on Local Taxes and Charges creates many doubts. The paper presents the scope of the existing relationship between Polish Tax and Local Charges Law and its Transport Legislation. The article considers in particular the property tax exemption available to buildings and land belonging to railway infrastructure under the Rail Transport Law provided the infrastructure manager is obligated to share those building/land with licensed rail carriers

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Margin Squeeze Test In Regulatory Practice Of The President Of Uke, Jan Siudecki Jan 2014

Margin Squeeze Test In Regulatory Practice Of The President Of Uke, Jan Siudecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The author analyses legal and regulatory environment of margin squeeze tests in Poland. Regulatory tools applied by the President of UKE in this field are discussed together with related controversies. Subsequently the European legal framework for margin squeeze tests and relevant positions of European institutions are analyzed. Conclusions in this regard form a basis for a critical assessment of solutions adopted by the regulator

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Distance Contracts For Digital Content Which Is Not Supplied On A Tangible Medium In The Light Of The Law On Consumer Rights, Wojciech Dziomdziora Jan 2014

Distance Contracts For Digital Content Which Is Not Supplied On A Tangible Medium In The Light Of The Law On Consumer Rights, Wojciech Dziomdziora

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Consumer Rights Act enters into force on 25.12.2014. The act implements into Polish law the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. The paper addresses the new regulations on the trader’s information requirements and consumer’s right of withdrawal concerning distance contracts for digital content which is not supplied on a tangible medium. Author presents legislation and confronts it with various market practices

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Anonymisation Of Data Protected By Telecommunications Confidentiality, Stanisław Piątek, Paweł Piątek Jan 2014

Anonymisation Of Data Protected By Telecommunications Confidentiality, Stanisław Piątek, Paweł Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The goal of the article is the assessment of conditions concerning the utilization of data generated in telecommunications, processed by telecommunications operators, for other purposes than provision of telecommunications services, in a way that is not infringing rights and interests of data subjects. The article should demonstrate that national law implements the provisions of EU law concerning the protection of data processed in telecommunications in an inappropriate manner, limiting or even eliminating the admissibility of anonymising data. The analyze concerns anonymisation of personal data, transmission data, including location data, as well as data concerning location of the user, used for …

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The Development Of The Internet Of Things - Opportunities And Threats, Ewa M. Kwiatkowska Jan 2014

The Development Of The Internet Of Things - Opportunities And Threats, Ewa M. Kwiatkowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article provides the analysis of the Internet of Things (IoT), the concept of connecting not only people but also things. The opportunities and challenges of this communication technology for individuals, whole societies and business enterprises are discussed. Potential future application domains are reviewed, with particular emphasis on the healthcare sector, including pharmaceutical industry

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The Phenomenon Of Market Concentration In Telecommunications Sector In Poland And The Need For The Development Of Broadband Infrastructure – Outline Of The Problem, Renata Śliwa Jan 2014

The Phenomenon Of Market Concentration In Telecommunications Sector In Poland And The Need For The Development Of Broadband Infrastructure – Outline Of The Problem, Renata Śliwa

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The paper attempts to justify some extension of market concentration toward the necessity to stimulate facility-based competition. The first part encompasses theoretical foundations of market concentration and the role of regulation. Then, the asymmetric form of regulation is highlighted as well as the deregulation. The third part pictures the state of facility-based competition in Poland and the perspective of its stimulation

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Control Over Acquisition Of Minority Shareholdings In The Planned Reform Of The Regulation 139/2004, Dariusz Aziewicz Jan 2014

Control Over Acquisition Of Minority Shareholdings In The Planned Reform Of The Regulation 139/2004, Dariusz Aziewicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article is devoted to the planned reform of merger control regime in the European Union. In July 2014 the European Commission issued a White paper: „Towards more effective EU merger control.” The article is focused on economic aspects of the reform provided by the European Commission and several legal studies. Moreover, the article concerns the effects which the planned regime may take, while assessing transactions in which one of the parties will be a polish company. Furthermore, it indicates possible amendments to the Polish commercial law, which should be undertaken to preserve the principle of effectiveness of the European …

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Slotting Fees Versus Price-Setting Mechanisms, Maciej Marek Jan 2014

Slotting Fees Versus Price-Setting Mechanisms, Maciej Marek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Ban on slotting fees, stemming from art. 15 par. 1 pt. 4 of Act on combating unfair competition, has been too loosely interpreted by the Polish courts. In particular, wrongly qualified as slotting fees are payments which are primarily price-setting measures and which are generally neither unfair nor harmful. The category of price-setting payments includes payments defined as a fraction of a value of a turnover and payments due after specified level of sales is reached. The prerequisites of art. 15 par. 1 pt. 4 of Act on combating unfair competition may be met by fixed payments, but even those …

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Concept Of The Asymmetric Competitive Pressure. Polish Competition Authority’S Decisions In Auchan Polska And Jeronimo Martins Cases In The Light Of British Experience, Justyna Matuszczak-Piasta Jan 2014

Concept Of The Asymmetric Competitive Pressure. Polish Competition Authority’S Decisions In Auchan Polska And Jeronimo Martins Cases In The Light Of British Experience, Justyna Matuszczak-Piasta

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents the concept of asymmetric competitive pressure in the jurisprudence of antitrust authorities in the UK and indicates economic tools used in order to determine the relevant markets for the activities of grocery retailers. This paper discusses also the application of the concept of asymmetric competitive pressure by Polish competition authority.

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Rebates Granted By Dominant Undertakings – Can The Recent Case Law Of The Court Of Justice Be Defended? Judgment Of The General Court Of 12 June 2014 In Case T-286/09 – Intel Corp. V European Commission, Emilia Wardęga Jan 2014

Rebates Granted By Dominant Undertakings – Can The Recent Case Law Of The Court Of Justice Be Defended? Judgment Of The General Court Of 12 June 2014 In Case T-286/09 – Intel Corp. V European Commission, Emilia Wardęga

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

: The case comment attempts to seek arguments to defend the formalistic approach adopted by the General Court in a recent judgment regarding rebates granted by undertakings holding dominant position. However, in spite of certain advantages of such approach, it does not seem appropriate for the assessment of conditional rebates and it is not in line with the recent developments of competition law. The case comment criticizes in particular the per se prohibition of loyalty rebates adopted by the General Court and the depreciation of the usefulness of the AEC test as a tool to demonstrate exclusionary effects of certain …

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Doorways And Walls: Peer Coaching As A Means To Change Instructional Practice, Chad Garber Jan 2014

Doorways And Walls: Peer Coaching As A Means To Change Instructional Practice, Chad Garber

Dissertations and Theses @ UNI

Joyce and Showers (1980) described the impact that a peer coaching relationship can have on teachers as they work to transfer learning that occurs during professional learning opportunities to the classroom. Theory, demonstration, practice, and feedback are critical elements of professional development, yet, according to some research, only when the support of a peer coaching practice is provided, will significant numbers of teachers (as many as 90%) implement new strategies into the classroom. The purpose of this study was to determine if the presence of a peer coaching relationship impacts the instructional practice of high school English teachers. This qualitative …

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Simultaneous Robotic Manipulation And Functional Magnetic Resonance Imaging: Feasibility In Children With Autism Spectrum Disorders, Nicole M.G. Salowitz, Bridget Dolan, Rheanna Remmel, Amy V. Van Hecke, Kristine M. Mosier, Lucia Simo, Robert A. Scheidt Jan 2014

Simultaneous Robotic Manipulation And Functional Magnetic Resonance Imaging: Feasibility In Children With Autism Spectrum Disorders, Nicole M.G. Salowitz, Bridget Dolan, Rheanna Remmel, Amy V. Van Hecke, Kristine M. Mosier, Lucia Simo, Robert A. Scheidt

Biomedical Engineering Faculty Research and Publications

An unanswered question concerning the neural basis of autism spectrum disorders (ASD) is how sensorimotor deficits in individuals with ASD are related to abnormalities of brain function. We previously described a robotic joystick and video game system that allows us to record functional magnetic resonance images (FMRI) while adult humans make goal-directed wrist motions. We anticipated several challenges in extending this approach to studying goal-directed behaviors in children with ASD and in typically developing (TYP) children. In particular we were concerned that children with autism may express increased levels of anxiety as compared to typically developing children due to the …

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Submovements During Reaching Movements After Stroke, Lucia S. Simo, Davide Piovesan, Jozsef Laczko, Claude Ghez, Robert A. Scheidt Jan 2014

Submovements During Reaching Movements After Stroke, Lucia S. Simo, Davide Piovesan, Jozsef Laczko, Claude Ghez, Robert A. Scheidt

Biomedical Engineering Faculty Research and Publications

Neurological deficits after cerebrovascular accidents very frequently disrupt the kinematics of voluntary movements with the consequent impact in daily life activities. Robotic methodologies enable the quantitative characterization of specific control deficits needed to understand the basis of functional impairments and to design effective rehabilitation therapies. In a group of right handed chronic stroke survivors (SS) with right side hemiparesis, intact proprioception, and differing levels of motor impairment, we used a robotic manipulandum to study right arm function during discrete point-to-point reaching movements and reciprocal out-and-back movements to visual targets. We compared these movements with those of neurologically intact individuals (NI). …

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A Modular Low-Clearance Wrist Orthosis For Improving Wrist Motion In Children With Cerebral Palsy, Devon Holley, Michelle Johnson, Gerald F. Harris, Scott A. Beardsley Jan 2014

A Modular Low-Clearance Wrist Orthosis For Improving Wrist Motion In Children With Cerebral Palsy, Devon Holley, Michelle Johnson, Gerald F. Harris, Scott A. Beardsley

Biomedical Engineering Faculty Research and Publications

Children with Cerebral Palsy (CP) often exhibit impairments in the coordination of the grip and lift phases of arm movements that directly impact their ability to perform activities of daily living (ADLs). The application of assistive robotic therapy to children with spastic hemiplegic CP has shown that augmented movement training can lead to improved functional outcomes and improved arm kinematics. Assistive robotic therapy of the wrist has been shown to help improve motor skills in stroke patients, but the devices employed are often large and obtrusive, focusing on a repeated motion rather than a task-based itinerary. Here, we propose a …

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Developing An At-Home System For Evaluating Manual Wheelchair Propulsion And Directing Rehabilitative Training To Optimize Biomechanical Efficiency, Gerald F. Harris Jan 2014

Developing An At-Home System For Evaluating Manual Wheelchair Propulsion And Directing Rehabilitative Training To Optimize Biomechanical Efficiency, Gerald F. Harris

Biomedical Engineering Faculty Research and Publications

No abstract provided.

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Superintendent Leadership: Comparing Superintendent And School Board President Perceptions Of Essential Leadership Characteristics And Capabilities Of The Superintendent In Today's Complex And Ever-Changing Educational Environment According To Mcrel's Superintendent Responsibilities And The Iowa Standards For School Leaders, Daniel J. Peterson Jan 2014

Superintendent Leadership: Comparing Superintendent And School Board President Perceptions Of Essential Leadership Characteristics And Capabilities Of The Superintendent In Today's Complex And Ever-Changing Educational Environment According To Mcrel's Superintendent Responsibilities And The Iowa Standards For School Leaders, Daniel J. Peterson

Dissertations and Theses @ UNI

The purpose of this study was to identify and compare perceptions of superintendents and school board presidents in Iowa public schools regarding the essential leadership characteristics and capabilities of the superintendent in today’s complex and ever-changing educational environment. Iowa superintendents and school board presidents were invited to participate in an online survey where they were asked to indicate the importance of the Iowa Standards for School Leaders and the McRel Superintendent Responsibilities. Respondents to the survey included 54.6% of superintendents and 40.5% of school board presidents in Iowa. The survey in this study used a Likert scale for respondents to …

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They, Those, And Other Pronouns Used To Describe Them: A Qualitative Study Of The Lived Experiences Of The African American Girls In The Girls To Women Group, Amber Nicole Boyd Jan 2014

They, Those, And Other Pronouns Used To Describe Them: A Qualitative Study Of The Lived Experiences Of The African American Girls In The Girls To Women Group, Amber Nicole Boyd

Dissertations and Theses @ UNI

African American girls are more likely to experience social barriers in a society that values White over Black, men over women, and wealth over poverty. They are more likely to encounter race, class, and gender discrimination in classrooms, curriculum, and pedagogy putting them at grave risk of school failure. Notwithstanding the deficit research approach, African American girls are invisible in both social theory and educational research. Their virtual absence from existing research is the catalyst for this autoethnographic study of the lived experiences of African American girls in the Girls to Women group at an urban high school. In this …

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Climate Analysis Using Tree-Rings From The Wind River Range, Wyoming, Derek Richards Jan 2014

Climate Analysis Using Tree-Rings From The Wind River Range, Wyoming, Derek Richards

Dissertations and Theses @ UNI

This study utilizes tree‐rings from the Wind River Range to determine past climates in this region of Wyoming and how they may have been affected by climate oscillations connected to the Pacific Ocean, such as El Nino-Southern Oscillation (ENSO) and Pacific Decadal Oscillation (PDO). The research considers what type(s) of past climatic cycles can be found in a roughly 500‐year series of tree‐rings collected from the Southeast Wind River Range using dendroclimatology and spectral analysis. It includes the reconstructed past temperature and precipitation data and how these compare with other reconstructions near the study area. The tree‐rings were found to …

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Depression In Children And Adolescents: The Role Of School Professionals, Emily Dawn Hoerman Jan 2014

Depression In Children And Adolescents: The Role Of School Professionals, Emily Dawn Hoerman

Dissertations and Theses @ UNI

Depression in children and adolescents is a significant issue for schools. Research has indicated that most students who see mental health professionals do so within the school setting, indicating a need for effective school-based programs to address mental health issues in the schools. The symptoms of depression and short and long term effects are reviewed. The need for, and necessary components of, a comprehensive mental health system in the school setting is discussed.

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Developing Rating Curves In A Small Iowa Watershed To Evaluate Nutrient Loading In Streams, Jennifer Mary Shepeck Jan 2014

Developing Rating Curves In A Small Iowa Watershed To Evaluate Nutrient Loading In Streams, Jennifer Mary Shepeck

Dissertations and Theses @ UNI

Dry Run Creek, a tributary to the Cedar River in northeast Iowa, is a watershed under high pressure from the surrounding region. With its headwaters located in farm fields and urban drainage ditches, it is subject to flash flooding and erosion and is on the DNR’s list of impaired waters. Dry Run Creek is similar to other small watersheds across eastern Iowa. As tributaries to the larger rivers that eventually flow into the Mississippi River and then to the Gulf of Mexico, they are significant contributors to the nutrient loading causing the hypoxia in the Gulf. The purpose of this …

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The Effects Of Living In A Springboard House During One's First Year At The University Of Northern Iowa, Laura Trettin Jan 2014

The Effects Of Living In A Springboard House During One's First Year At The University Of Northern Iowa, Laura Trettin

Dissertations and Theses @ UNI

This study examines the effects and benefits of college students residing in a Springboard house community at UNI during one’s entire freshmen year. Springboard house communities are unique to the University of Northern Iowa as they provide a living environment in which first-year students can self-select to participate. However, there is no common class that complements the community. In addition, the RAs do not go through any separate training to learn how to work with the springboard house students, but they do offer programming that is geared towards first-year students. This study investigated the freshmen experience by gathering data regarding …

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The Effectiveness Of The Boys Town Educational Model As A School Wide Intervention, Natalie Hahn-Mauck Jan 2014

The Effectiveness Of The Boys Town Educational Model As A School Wide Intervention, Natalie Hahn-Mauck

Dissertations and Theses @ UNI

There are many school‐based programs available that claim to provide effective techniques to decrease disruptive behaviors and increase academic engagement. One widely used program is the Boys Town Education Model (BTEM). The problem with widespread use of BTEM is the lack of empirical evidence to support the effectiveness of the program as a systems wide intervention in general education settings. The purpose of this research proposal is to examine the effectiveness of BTEM in comparison to research‐based classroom management techniques, such as reinforcement and correction of behaviors, teaching classroom expectations, social skills instruction, and token economies. Six schools will be …

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Reducing Child Neglect In Linn County Iowa Utilizing The Public Health Model, Jennifer April Barnett Jan 2014

Reducing Child Neglect In Linn County Iowa Utilizing The Public Health Model, Jennifer April Barnett

Dissertations and Theses @ UNI

The issues that arise from child neglect cause a myriad of negative health outcomes. The objective of this thesis is to examine the use of the public health model as a preventive method in decreasing the incidence of child neglect. This study was conducted utilizing a survey that obtained information from 333 parents in Linn County, Iowa. The survey was created to gather social norms related to parenting. The survey gathered data on personal parenting practices and opinions of parenting practices of others within the community. Univariate and bivariate analysis were conducted to report demographics, frequencies in responses and the …

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Human Trafficking And The Media: Comparing Newspapers' Portrayal Of Victims And Offenders, Brittany Leigh Virkus Jan 2014

Human Trafficking And The Media: Comparing Newspapers' Portrayal Of Victims And Offenders, Brittany Leigh Virkus

Dissertations and Theses @ UNI

his study examined the portrayal of victims and offenders of human trafficking in three major newspapers from 2005- 2012. Additionally, this study examined if the age, gender, and legal status effected the portrayal of victims and offenders in the newspapers. Also included is an examination of groups of claims-makers and whether different groups portrayed victims and offenders same or differently. Utilizing a quantitative and qualitative content analysis to analyze the newspapers’ framing of victims and offenders, this research compared the portrayal of its groups. The findings indicated that claims-makers socially construct victims and offenders in ways that may not reflect …

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Gender Differences In Self-Concept Consistency And Career Choices Under Stereotype Threat, Asha Ganesan Jan 2014

Gender Differences In Self-Concept Consistency And Career Choices Under Stereotype Threat, Asha Ganesan

Dissertations and Theses @ UNI

Associating careers with a specific gender can lead to women and men turning away from jobs atypical of their gender (e.g., math-related for women and care-related for men). The effects of stereotype threat, defined as the negative impact associated with the fear of confirming negative stereotypes about one’s social group (Steele & Aronson, 1995) on women and men’s working self-concept (a dynamic view of oneself) may provide some insight as to whether genderization of careers can affect women and men at the individual level. The current research examined the role played by gender-related stereotype threat cues in self-concept consistency (SCC). …

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Effects Of A Short Term Mental Skills Training Program On Mental Toughness, Mitchell Edward Mleziva Jan 2014

Effects Of A Short Term Mental Skills Training Program On Mental Toughness, Mitchell Edward Mleziva

Dissertations and Theses @ UNI

Context: Mental toughness is considered to be one of the most important psychosocial skills an athlete can attain to be successful in sports competition. Mental toughness has also been acknowledged as one of the most popular terms used in sport psychology and is the least understood. The majority of mental toughness research focuses on how mental toughness should be defined, is developed, and the key aspects of mental toughness. Minimal research has examined whether an athlete’s mental toughness can change or improve due to the use of a mental skills training program. Objective: To determine if mental toughness can change …

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Benefits Of Industry Involvement In Multidisciplinary Capstone Design Courses, Jay R. Goldberg, Vikram Cariapa, George Corliss, Kate Kaiser Jan 2014

Benefits Of Industry Involvement In Multidisciplinary Capstone Design Courses, Jay R. Goldberg, Vikram Cariapa, George Corliss, Kate Kaiser

Biomedical Engineering Faculty Research and Publications

Opportunities for industry involvement in capstone design courses go beyond industry sponsorship of capstone design projects. Representatives from industry can serve as guest lecturers, curriculum advisors, and design project sponsors and team mentors. Since 2000, industry participation has been a core part of the capstone design course at Marquette University. Practicing engineers provide a relevant, practical real-world perspective of their topic, reinforcing its importance to professional engineering practice. Students and faculty benefit from the up-to-date treatment of the topic provided by guest speakers from industry who have expertise in the topic and are willing to share their experiences with students. …

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Why Restate The Bundle? The Disintegration Of The Restatement Of Property, Thomas W. Merrill, Henry E. Smith Jan 2014

Why Restate The Bundle? The Disintegration Of The Restatement Of Property, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

The American Law Institute (ALI) has devoted a great deal of time and energy to restating the law of property. To date, the ALI has produced 17 volumes that bear the name First, Second, or Third Restatement of Property. There is unquestionably much that is valuable in these materials. On the whole, however, the effort has been a disappointment. Some volumes seek faithfully to restate the consensus view of the law; others are transparently devoted to law reform. The ratio of reform to restatement has increased over time, to the point where significant portions of the Third Restatement …

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