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2024

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Setting The Stage For Success: Teaching Behavior Expectations During The First Week, Katie Hamilton, Jamie Nichols Dec 2024

Setting The Stage For Success: Teaching Behavior Expectations During The First Week, Katie Hamilton, Jamie Nichols

Georgia Association for Positive Behavior Support Conference

A strong start is key to a successful school year, and teaching specific behavior expectations early on helps set the tone for a positive, productive learning environment. This presentation will guide PBIS teams, both new and seasoned, through a proven approach to launching the school year with teaching clear and consistent school-wide behavior expectations. Participants will receive a comprehensive toolkit, including a detailed schedule for the first days of school, customizable presentations for teachers to use in their classrooms, and engaging behavior expectation assignments with answer keys. By implementing these strategies, schools can create a cohesive culture of respect and …


Co-Regulation: Easy Neuroscience And Connection Strategies For The Classroom And Beyond, Ginger Healy Dec 2024

Co-Regulation: Easy Neuroscience And Connection Strategies For The Classroom And Beyond, Ginger Healy

Georgia Association for Positive Behavior Support Conference

This presentation will discuss the "why?"' behind the need for educational environments that are nervous system-focused and brain-based. This session is rooted in the principles that behavior is communication and safe, positive, attuned relationships are the antidote! We will dive into the keys to bringing emotional stability in the classroom through regulation and co-regulation. Early adversity and stress can re-wire a child's brain and nervous system leading to BIG BEHAVIORS and lagging skills, but we can re-wire those patterns and reactions so that students can thrive and educators can avoid burnout. This session will build resilience in both educators and …


Scaling Success: Implementing Pbis In Large School Districts, Tara Davis, Kathleen Greb Dec 2024

Scaling Success: Implementing Pbis In Large School Districts, Tara Davis, Kathleen Greb

Georgia Association for Positive Behavior Support Conference

This presentation will provide a comprehensive guide to implementing Positive Behavioral Interventions and Supports (PBIS) in large school districts. Attendees will gain insights into the unique challenges and strategies for scaling PBIS across multiple schools, with a focus on district-wide planning, resource allocation, and stakeholder engagement. Coaching support, professional development, and tools for monitoring progress will be shared to support effective and sustainable PBIS implementation.


Integrating Supports To Meet The Needs Of The Whole Child, Rebecca Wright, Deshonda Stringer Dec 2024

Integrating Supports To Meet The Needs Of The Whole Child, Rebecca Wright, Deshonda Stringer

Georgia Association for Positive Behavior Support Conference

Georgia Multi-Tiered System of Supports (GaMTSS) is a data-driven, multi-level prevention system designed to meet the needs of the whole child by implementing a continuum of tiered supports. This session will discuss the integration of academics, behavior, and well-being which is essential for student and educator success. These supports play a critical role in impacting positive school climate. An overview of the five essential components of GaMTSS, with an emphasis on building a strong infrastructure, will also be discussed.


Building Evidence-Based Pbs For Schools, Clinics And Communities, Tom Clees Dec 2024

Building Evidence-Based Pbs For Schools, Clinics And Communities, Tom Clees

Georgia Association for Positive Behavior Support Conference

Abstract

For students in both the general and adapted curriculum, low achievement, behavioral excesses and social skills deficits are predictive of each other (Gresham, 2016;). Too, an escalating cycle may lead to further antisocial responses, a decrease in learning outcomes, and exclusion from services for some (Kauffman, 2018). Related to these challenges, the successful application of positive behavior supports has been widely reported by schools, clinics, and community-based services. Although definitions of PBS, and the scope of these practices, vary depending on the reference point of those responsible for administration and application, there seems to be agreement that PBS practices …


The Relationship Between Death Depression And Death Anxiety Among Cancer Patients In Saudi Arabia, Doaa A. Almostadi Dec 2024

The Relationship Between Death Depression And Death Anxiety Among Cancer Patients In Saudi Arabia, Doaa A. Almostadi

Theses

This study explored the relationship between death anxiety and death depression among cancer patients in Saudi Arabia. The study sample consisted of 100 Saudi cancer patients, 50 male and 50 female, ranging in age from 18 to 85 with a mean age of 45.5. All participants completed a survey questionnaire that included three parts: the first part contained a demographic data form; the second part consisted of 20 statements to measure death anxiety using the Arabic Death Anxiety Scale; the third part was a 21- item, questionnaire designed to measure depression about impending death using the Death Depression scale-Revised Arabic …


The Private Cause Of Action Under Maine's Unfair Trade Practices Act, Steven A. Shaw Dec 2024

The Private Cause Of Action Under Maine's Unfair Trade Practices Act, Steven A. Shaw

Maine Law Review

In 1970 the Maine Legislature passed the Unfair Trade Practices Act (UTPA) which declared unlawful any "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . . . ." UTPA-type statutes, now common to all states, offer several advantages. The statutes provide for a statutory award of attorneys' fees, create a private cause of action which is simple in comparison to analogous common law claims, and offer a flexible concept of unlawful conduct which many courts have shown a willingness to interpret broadly and sympathetically. Although Maine's UTPA was originally …


A Structural Approach To The Application Of Section One Of The Sherman Act To Oligopolistic Interdependence, Annmarie Levins Dec 2024

A Structural Approach To The Application Of Section One Of The Sherman Act To Oligopolistic Interdependence, Annmarie Levins

Maine Law Review

A central tenet of American economic thought is that markets in which many producers compete for business are preferable to those in which one or a few sellers dominate. The conventional wisdom underlying this preference is that competitive markets produce more of the goods consumers want at lower prices than do noncompetitive markets. Oligopolies are markets in which there are few sellers. Oligopolistic markets are characterized frequently by higher prices and lower outputs than competitive markets. Many sectors of the American economy are oligopolistic. For example, the American automobile industry is dominated by "the big three," General Motors, Ford, and …


State V. Sweatt: An Examination Of The Current Confusion In Fourth Amendment Standing, John Archer Hobson Dec 2024

State V. Sweatt: An Examination Of The Current Confusion In Fourth Amendment Standing, John Archer Hobson

Maine Law Review

In State v. Sweatt the Maine Law Court held that an owner of gems being sold on consignment in a third party's store has standing under the fourth amendment to contest the seizure of the gems. The movants in Sweatt were the targets of several police searches during October and November of 1980. During these searches the police seized tourmaline gemstones which were alleged to have been stolen from Dale Sweatt's former business partner, and miscellaneous personal items belonging to the Sweatts. Subsequently, the Sweatts moved for suppression and return of all these articles. The superior court granted the movants' …


Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality, Dale Lynn Gavin Dec 2024

Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality, Dale Lynn Gavin

Maine Law Review

Environmental impact statements (EISs) are prepared before any major federal project is undertaken, as required by the National Environmental Policy Act (NEPA). An original EIS may become obsolete if a Project's operation later changes in any significant way, or if previously unsuspected environmental impacts are later discovered. When either of these two events occurs, compliance with NEPA demands that a supplemental EIS be prepared to focus on the changes. The decision whether a supplement is required in any particular situation is guided by standards set by the Council on Environmental Quality (CEQ). In addition, some federal agencies have promulgated their …


Dunham V. Ware Savings Bank: Economic Policy And Federal Law Justify Enforcement Of Due-On-Sale Clauses By State-Chartered Institutions, Martha E. Greene Dec 2024

Dunham V. Ware Savings Bank: Economic Policy And Federal Law Justify Enforcement Of Due-On-Sale Clauses By State-Chartered Institutions, Martha E. Greene

Maine Law Review

Economic policy should replace state property doctrines as the controlling factor in determining enforceability of due-on-sale clauses. A due-on-sale clause provides mortgagees (lenders) with the means to accelerate the term of a mortgage upon transfer of the original mortgagor's (borrower's) interest in the mortgaged property. Lenders originally used due-on-sale clauses for the purpose of evaluating whether the party to whom the original borrower sought to assign the mortgage was creditworthy. As interest rates have risen, lenders increasingly have used due-on-sale clauses to terminate their commitments to lend mortgage funds at relatively low interest rates. Mortgage instruments secure a borrower's promise …


Hospital Accountability In Health Care Delivery, C. Elisabeth Belmont Dec 2024

Hospital Accountability In Health Care Delivery, C. Elisabeth Belmont

Maine Law Review

In recent years, the role of community hospitals in health care delivery has undergone a dramatic change. Until the latter half of the twentieth century, a hospital was merely a "doctor's workshop," providing physicians with the physical facilities, equipment, and personnel necessary to treat their private patients. Due to progressive medical technology, today's hospital has moved from a passive role in patient care to more active participation in the delivery of total health care. The hospital has become a health care provider in its own right, furnishing a broad range of diagnostic and outpatient services, home care assistance, and specialized …


In Defense Of Civil Juries, Peter W. Culley Dec 2024

In Defense Of Civil Juries, Peter W. Culley

Maine Law Review

Criticism of the civil jury system is nothing new. In fact, virtually since its inception the civil jury has been embroiled in controversy. Typically critics argue that: the jury cannot handle the complex or technical case; there is great expense and delay attendant to trial by jury; jury adjudication is of low quality; verdicts rendered by different juries in cases involving similar facts often appear inconsistent. Recently, Justice Donald Alexander of the Maine Superior Court stated that "[t]he civil jury system has outlived its usefulness." In support of his basic premise that the civil jury system is merely an historical …


Deinstitutionalizing The Mentally Retarded In Maine: The Inevitable Face-Off With Zoning, Pamela D. Albee Dec 2024

Deinstitutionalizing The Mentally Retarded In Maine: The Inevitable Face-Off With Zoning, Pamela D. Albee

Maine Law Review

In July 1978, agencies and officials of the State of Maine entered into a federal consent judgment which terminated a class action lawsuit that had dragged on for three years. The consent judgment in Wuori v. Zitnay detailed a comprehensive plan designed to bring about speedy and meaningful relief to the plaintiff class: mentally retarded citizens of Maine involuntarily confined to Pineland Center, Maine's principal institution for the mentally retarded, and certain others who were conditionally released from Pineland and in community placements. The relief granted was a right to be provided the least restrictive and most normal living conditions …


Editorial Board Vol. 35 No. 1 (1983), Annmarie Levins Editor-In-Chief Dec 2024

Editorial Board Vol. 35 No. 1 (1983), Annmarie Levins Editor-In-Chief

Maine Law Review

No abstract provided.


The Decline Of The Privity Rule In The Maine Law Of Tort Products Liability: A Conceptual History, Dennis M. Patterson Dec 2024

The Decline Of The Privity Rule In The Maine Law Of Tort Products Liability: A Conceptual History, Dennis M. Patterson

Maine Law Review

No single issue has more preoccupied modern jurisprudential writers than the limitations of precedent on the lawmaking power of judges. Yet despite this singular concentration, no scholarly consensus has emerged regarding what those limitations are or what form they should take. This continuing theoretical dispute recently manifested itself in a series of decisions rendered by the Law Court. Last spring in the case of Adams v. Buffalo Forge Co., the Law Court reconsidered a significant aspect of two decisions of the previous term: Burke v. Hamilton Beach Division and Hurd v. Hurd. In Burke and Hurd the court decided that …


Stewart V. Inhabitants Of Durham: An Exclusionary Purpose Ignored, Peter Alexander Meyer Dec 2024

Stewart V. Inhabitants Of Durham: An Exclusionary Purpose Ignored, Peter Alexander Meyer

Maine Law Review

Exclusionary zoning of mobile homes has become an increasingly important issue in Maine because of escalating costs of conventional housing and rising unmet housing needs. Although towns may regulate mobile home or any other housing use in order to foster public health, safety, morals, or general welfare, they may not enact a zoning ordinance to exclude people of lower income in an attempt to avoid the "increased governmental costs and the stresses upon public services which generally accompany such an incursion." In Stewart v. Inhabitants of Durham, the Maine Supreme Judicial Court was confronted with an exclusionary purpose in a …


Religious Beliefs, Unemployment Benefits, And Constitutional Choices: Flynn V. Maine Employment Security Commission, Mary Ann Lynch Dec 2024

Religious Beliefs, Unemployment Benefits, And Constitutional Choices: Flynn V. Maine Employment Security Commission, Mary Ann Lynch

Maine Law Review

The last decade has seen a growing number of individuals adopt fundamentalist, "born-again" Christianity. For these people, religion requires more than observance of a sabbath, weekly services, or financial commitment. Fundamentalist religion often requires its adherents to spread their religious beliefs with missionary zeal. Religion may be a constant preoccupation and as such, is brought into the work place. Thus, there is potential for conflict between the needs and demands of employers and the exercise of one's religion. While the free exercise clause of the first amendment may not always provide protection for employees against employers' requirements, it nevertheless serves …


Comeau V. Maine Coastal Services: The Quantum Theory And The Rescue Doctrine In Workers' Compensation, George F. Eaton Ii Dec 2024

Comeau V. Maine Coastal Services: The Quantum Theory And The Rescue Doctrine In Workers' Compensation, George F. Eaton Ii

Maine Law Review

Section 51 of the Maine Workers' Compensation Act provides that in order to be compensable, an employee's injury must arise out of and occur in the course of the employment. The decision of the Maine Supreme Judicial Court in Comeau v. Maine Coastal Services upheld the Workers' Compensation Commission's denial of the plaintiff's petition for an award of compensation. In reaching its decision, however, the Law Court departed from the long-settled analytical approach of treating the "arising out of" and the "in the course of" requirements as separate criteria both of which must be met in order to establish a …


The Vitality Of The Doctrine Of Punitive Damages In Maine, Kevin F. Gordon Dec 2024

The Vitality Of The Doctrine Of Punitive Damages In Maine, Kevin F. Gordon

Maine Law Review

On four separate occasions between December 1981 and February 1982, the Maine Supreme Judicial Court called into question the continued vitality of the common law doctrine of punitive damages. The substantive propriety of punitive damages was not challenged by any of the defendants in those four cases. As a result, the Law Court assumed for the purposes of each opinion that punitive damages could be awarded by a court "in some instances without explicit statutory authorization." Nevertheless, in a footnote to Braley v. Berkshire Mutual Insurance Co., the court challenged this assumption. Noting that the doctrine of punitive damages initially …


Constitutional Issues Raised By The Civil-Criminal Dichotomy Of The Maine Oui Law, Bruce W. Smith Dec 2024

Constitutional Issues Raised By The Civil-Criminal Dichotomy Of The Maine Oui Law, Bruce W. Smith

Maine Law Review

Moving to the forefront of a national trend, the Maine Legislature undertook a thorough reform of its operating under the influence (OUI) law in 1981. The new statute was billed "the toughest in the nation," largely because of a provision for mandatory prison sentences. The statute's most radical provision is not the mandatory prison term, however, but a section which gives prosecutors the option to treat less egregious first offenses as civil infractions rather than crimes. The section generates the broad issue addressed by this Comment: may trial by jury and other constitutional protections formerly afforded OUI defendants be denied …


Deductibility Of Investigatory Expenses Incurred In Business Expansion: North Carolina National Bank V. United States, Edward R. Benjamin Jr. Dec 2024

Deductibility Of Investigatory Expenses Incurred In Business Expansion: North Carolina National Bank V. United States, Edward R. Benjamin Jr.

Maine Law Review

Section 162 of the Internal Revenue Code allows the current deduction of "all the ordinary and necessary expenses paid or incurred . . . in carrying on any trade or business . . . .” Exactly which business expenditures meet the requirements of section 162, however, has not been easy for courts to determine. In an attempt to enunciate a standard that is easily applicable to complex business transactions, courts have refused to allow current deduction of business expenditures which result in a benefit or advantage with a useful life which continues beyond the taxable year. In North Carolina National …


Compensation For Financing A Spouse's Education: The Means Of Economic Justice In Maine, William S. Kany Dec 2024

Compensation For Financing A Spouse's Education: The Means Of Economic Justice In Maine, William S. Kany

Maine Law Review

In cases of marriage dissolution courts attempt to promote economic justice by utilizing their equitable powers and interpreting applicable statutes. It is often difficult, however, to achieve a just result in cases in which one spouse supported the other who attended college and/or professional school during the marriage. In the typical case divorce occurs just prior to or after completion of the education, at a time when the couple has accumulated very few marital assets because all of the marital income has gone into living and educational expenses. Because the only significant asset acquired during the marriage is the degree, …


Posteriores Priores: An Unconstitutional Congressional Role In Treaty Termination, Donna D. Mckeage Dec 2024

Posteriores Priores: An Unconstitutional Congressional Role In Treaty Termination, Donna D. Mckeage

Maine Law Review

The Supreme Court recently decided a case involving an apparent conflict between a treaty provision and a subsequent act of Congress. A Japanese subsidiary corporation, Sumitomo Shoji America, Inc., claimed a provision of the Treaty of Friendship, Commerce, and Navigation of 1953 between the United States and Japan exempted it from the prohibition against discrimination embodied in title VII of the Civil Rights Act of 1964. The Court did not reach this issue because it found Sumitomo Shoji America, Inc. to be a United States corporation and unable, therefore, to invoke the provisions of the treaty. The issue raised in …


Preventing The Importation And Sale Of Genuine Goods Bearing American-Owned Trademarks: Protecting An American Goodwill, Timothy H. Hiebert Dec 2024

Preventing The Importation And Sale Of Genuine Goods Bearing American-Owned Trademarks: Protecting An American Goodwill, Timothy H. Hiebert

Maine Law Review

A trademark's "primary and proper function," it has been said, "is to identify the origin or ownership of the article to which it is affixed." Thus, if a trademark indicates either the original producer or an exclusive distributor as the source of the goods on which it appears, it will be entitled to protection against infringement. Related to this source identification function are a trademark's quality assurance and advertising functions. Because the public comes to associate trademarked goods with a certain standard of quality, a trademark guarantees that the goods on which it appears will meet public expectations about quality. …


Who Should Recover For Loss Of Consortium?, Martin S. Amick Dec 2024

Who Should Recover For Loss Of Consortium?, Martin S. Amick

Maine Law Review

For more than three centuries courts have recognized a husband's right, where a tortious injury to his wife detrimentally affects the spousal relationship, to recover damages for loss of consortium. For many years the prevailing view was that a wife had no corresponding right to bring a similar action in response to a tortious injury to her husband. Most jurisdictions, however, now allow both the husband and the wife to recover for loss of "spousal" consortium. The right to recover for loss of consortium was extended to the wife largely because modern courts recognized that it was inconsistent and unjustifiably …


Common Law Sovereign Immunity And The Maine Tort Claims Act: A Rose By Another Name, R. Michael Martin Dec 2024

Common Law Sovereign Immunity And The Maine Tort Claims Act: A Rose By Another Name, R. Michael Martin

Maine Law Review

On October 12, 1976, the Maine Supreme Judicial Court allowed a Bath homeowner to sue the city for damage to her property resulting from the city's negligence. The case was Davies v. City of Bath and its significance was twofold. First, for decades before the Davies decision the Maine Supreme Judicial Court had routinely refused to consider such suits because of the doctrine of sovereign immunity. Fifteen years before Davies the court had expressed dissatisfaction with the doctrine, but until 1976 had repeatedly refused to abrogate it. Second, the Davies decision was significant because the Maine Legislature, under the guiding …


The Obsolescence Of Voluntary Confessions In Maine, John C. Sheldon Dec 2024

The Obsolescence Of Voluntary Confessions In Maine, John C. Sheldon

Maine Law Review

The would-be assassin lurks in the crowd that gathers outside the campaign headquarters building. In anticipation of the candidate's appearance, the television technicians hoist their videotape cameras and illuminate the scene with floodlights, as the gunman nervously fingers the automatic concealed in the pocket of his field jacket. Moments later, the candidate emerges from the doorway; the assassin rushes into the floodlit view of the cameras, takes aim at the startled politician, and hollers: "I've been planning this for years, and now I'm going to give you what's coming to you." His shots ring out as Secret Service agents converge …


Editorial Board Vol. 35 No. 2 (1983), Annmarie Levins Editor-In-Chief Dec 2024

Editorial Board Vol. 35 No. 2 (1983), Annmarie Levins Editor-In-Chief

Maine Law Review

No abstract provided.


Global Historical Tsunami Database, Andrew Allegra Dec 2024

Global Historical Tsunami Database, Andrew Allegra

Benefits of Ocean Observing Catalog (BOOC)

The Historical Tsunami Database contains information on tsunami sources and locations where tsunami waves were observed by eyewitnesses, field reconnaissance surveys, tide gauges or deep-ocean sensors.