Elementary classroom teachers' knowledge of tort liability for negligence

The purpose of this research study was to investigate the legal knowledge of Florida's public elementary classroom teachers in the area of tort liability for negligence. A second purpose of the study was to assess the knowledge of school law in the area of negligence according to specific variables to determine if significant differences in knowledge existed among groups of teachers classified by: years of teaching experience, whether or not teachers took a school law course or inservice, college degree held and whether or not teachers had administrative experience. A validated survey instrument consisting of 22 scenarios based on decided court cases in the United States was utilized. These cases included court decisions ranging from 1938–1994, and represented the categories of duty and standard of care, proper instruction, proper supervision, proper maintenance, field trips, and post-injury treatment. ^ A random sample of 420 elementary classroom teachers were sent the survey instrument to complete, and a total of 309 surveys were returned producing a return rate of 77%. The results of this research study revealed that the overall level of legal knowledge of public elementary classroom teachers in the State of Florida produced a mean percent correct of 53%. The range of scores varied from 18%–82%, with the approximate average of correct answers of 12 out of 22. The category of proper instruction produced the lowest mean percent correct of 35%, and the area of post-injury treatment yielded the highest mean percent correct of 78%. ^ The findings of this study emphasize the necessity of preparing teachers regarding their legal rights, duties and responsibilities. The need for teachers to receive training at the preservice and inservice levels has become clear by this study. ^

True and false confessions to an intentional act: A novel experimental paradigm

Due to the powerful nature of confession evidence, it is imperative that we investigate the factors that affect the likelihood of obtaining true and false confessions. Previous research has been conducted with a paradigm limited to the study of false confessions to an act of negligence, thereby limiting the generalizability of the findings. The first goal of the current study was to introduce a novel paradigm involving a more serious, intentional act that can be used in the study of both true and false confessions. The second goal was to explore the effects of two police interrogation tactics, minimization and an offer of leniency, on true and false confession rates. ^ Three hundred and thirty-four undergraduates at a large southeastern university were recruited to participate in a study on problem-solving and decision-making. During the course of the laboratory experiment, participants were induced to intentionally break or not break an experimental rule, an act that was characterized as “cheating.” All participants (i.e., both innocent and guilty) were later accused of the act and interrogated. For half of the participants, the interrogator used minimization tactics, which involved downplaying the seriousness of the offense, expressing sympathy, and providing face-saving excuses, in order to encourage the participant to confess. An offer of leniency was also manipulated in which half the participants were offered a “deal” that involved the option of confessing and accepting a known punishment or not confessing and facing the threat of harsher punishment. Results indicated that guilty persons were more likely to confess than innocent persons, and that the use of minimization and an explicit offer of leniency increased both the true and false confession rates. Furthermore, a cumulative effect of techniques was observed, such that the diagnosticity of the interrogation (the ratio of true confessions to false confessions) decreased as the number of techniques used increased. Taken together, the results suggest that caution should be used when implementing these techniques in the interrogation room. ^

An assessment of legal knowledge of preservice teachers completing accredited teacher education programs in South Florida

The purpose of the study was to assess the legal knowledge of preservice teachers completing their educational training at accredited South Florida universities. The population consisted of 372 preservice kindergarten through twelfth grade teachers completing their educational training in any area of public school education.^ The researcher selected areas of school law to assess based on nationwide studies of litigation involving teachers and school boards, the areas most pertinent to the teachers' daily activities and responsibilities. A forty-item instrument was developed and administered to preservice teachers at six South Florida public and private universities. The areas of school law surveyed were tort liability, teachers' rights as instructors and employees, and students' rights. The research questions asked if preservice teachers possess a fundamental knowledge of school law in any of the identified areas and if a significant difference of legal knowledge existed when comparing preservice teachers by university and comparing preservice elementary and preservice secondary teachers. The criteria for a fundamental knowledge of school law was established as scoring 80% or above on the total survey or any area of school law.^ Conclusions. (1) On the overall survey, the preservice teachers did not exhibit a fundamental knowledge of school law. The mean score was 64.2%, with 11.6% of the respondents scoring at or above the 80% level. (2) The preservice teachers did not possess a fundamental knowledge of school law in any of the three areas of school law, though the survey revealed a difference in the preservice teachers' knowledge in the specific areas. The scores were tort liability, 71.9%; teachers' rights, 65%; and students' rights, 52.3%. (3) A significant difference did not exist between elementary and secondary preservice teachers' knowledge of school law. (4) A significant difference did not exist among the preservice teachers' knowledge of school law when compared by university.^ The study suggested a need for increased instruction in these areas of school law to preservice teachers prior to the beginning of their teaching careers. ^

The acceptability and utility of voir dire questionnaires in Florida Circuit Civil Court

This study examined the acceptability and utility of the content of an extensive automobile tort voir dire questionnaire in Florida Circuit Civil Court. The ultimate purpose was to find questionnaire items from established measures that have demonstrated utility in uncovering biases that were at the same time not objectionable to the courts. The survey instrument included a venireperson questionnaire that used case-specific attitudinal and personality measures as well as typical information asked about personal history. The venireperson questionnaire incorporated measures that have proven reliable in other personal injury studies (Hans, & Lofquist, 1994). In order to examine judges' ratings, the questionnaire items were grouped into eight categories. Claims Consciousness scale measures general attitudes towards making claims based on one's legal rights. Belief in a Just World measures how sympathetic the juror would be to people who have suffered injuries. Political Efficacy is another general attitude scale that identifies attitudes towards the government. Litigation Crisis scales elicits attitudes about civil litigation. Case Specific Beliefs about Automobile Accidents and Litigation were taken from questionnaires developed and used in auto torts and other personal injury cases. Juror's personal history was divided into Demographics and Trial Relevant Attitudes. Ninety-seven circuit civil judges critiqued the questionnaire for acceptability, relevance to the type of case presented, and usefulness to attorneys for determining peremptories. ^ The majority of judges' responses confirmed that the central dimension in judicial thinking is juror qualification rather than juror partiality. Only three of the eight voir dire categories were considered relevant by more than 50 percent of the judges: Trial Relevant Experiences, Juror Demographics, and Tort Reform. Additionally, several acceptable items from generally disapproved categories were identified among the responses. These were general and case specific attitudinal items that are related to tort reform. We discuss the utility of voir dire items for discerning juror partiality. ^

Performance of FRP-concrete bridges under blast loading

Catastrophic failure from intentional terrorist attacks on surface transportation infrastructure could he detrimental to the society. In order to minimize the vulnerabilities and to ensure a safe transportation system, the issue of security for transportation structures, primarily bridges, which are subjected to man-made hazards is investigated in this study. A procedure for identifying and prioritizing "critical bridges" using a screening and prioritization processes is established. For each of the "critical" bridges, a systematic risk-based assessment approach is proposed that takes into account the combination of threat occurrence likelihood, its consequences, and the socioeconomic importance of the bridge. A series of effective security countermeasures are compiled in the four categories of deterrence, detection, defense and mitigation to help reduce the vulnerability of critical bridges. The concepts of simplified equivalent I-shape cross section and virtual materials are proposed for integration into a nonlinear finite element model, which helps assess the performance of reinforced concrete structures with and without composite retrofit or hardening measures under blast loading. A series of parametric studies are conducted for single column and two-column pier frame systems as well as for an entire bridge. The parameters considered include column height, column type, concrete strength, longitudinal steel reinforcement ratio, thickness, fiber angle and tensile strength of the fiber reinforced polymer (FRP) tube, shape of the cross section, damping ratio and different bomb sizes. The study shows the benefits of hardening with composites against blast loading. The effect of steel reinforcement on blast resistance of the structure is more significant than the effect of concrete compressive strength. Moreover, multiple blasts do not necessarily lead to a more severe destruction than a single detonation at a strategically vulnerable location on the bridges.

Manager's Perceptions of Alcohol Server Staffing and Training Methods

Over-consumption of alcoholic beverages is a concern of managers of hotels and motels with a club/lounge, restaurant, and tavern. The authors surveyed members of two industry associations in Oklahoma to ascertain alcohol server training methods and managers' perception of the value of such programs.

Barcelona: Espacio literario, espacio urbano en la novela Catalana femenina del Siglo XX

This dissertation analyses, through a rhetorical framework and a literary approach, texts written in Catalan and Castilian by four Catalan female writers (Dolors Monserdà, Maria Aurèlia Capmany, Esther Tusquets, Monserrat Roig ), whose works cover from 1900 to the 1980. Utilizing this urban feminine literature, it discusses the historical-geographical vision about the changes in Catalan society during the twentieth century with its consequences for the urban space, especially the space occupied by women. It is also established that Barcelona's recovery and literary vindication by women has been done through the written text, as literary affirmation and as a matter of conscience in which the city could not be summed up as a backdrop, but rather as an active part of a literary creation, active in the double sense, as a socio-historical space in the novel and as characteristic of their works. The primary purpose of this dissertation is to demonstrate that the use of the city as a setting for the novels determines and characterizes those female writers' texts. Consequently, these writings are literary material relevant and essential to the understanding of the Barcelonian women's space. However their use of space is not arbitrary, on the contrary it corresponds to a social order established by the patriarchy where the relation of women to the world is embodied in the intentional and socially restricted space and movements of their bodies. The theoretical perspectives of this study are based on Montserrat Roig's feminist urban space theories. Her theory advocates the right to individuality, denouncing the patriarchal and hierarchical social system present in gendered space from the outside male world to the domestic feminized space. I also turn to the writings of Maria Aurèlia Capmany, who addresses cultural aspects of women's roles revealing a purposive controlled patriarchal society according to a historical-geographical analysis. This study of texts permits a new reading of the Catalan capital and demonstrates that Catalan women writers have consciously willed to give birth to a new history of the city: the history of women as protagonist citizens, producers, reproducers, and consumers of the space represented by the Catalan capital

Alcohol Server Liability Law Suits Result From Dram Shop Statutes

The country is experiencing a trend of alcohol server liability law suits resulting from dram shop statutes and common law liability, relatively recent developments in the field of tort law. The author, an expert on liquor liability law, explores the meaning of this trend for the hospitality industry.

Fixed Site Amusement Rides: Who Regulates Safety?

There is currently no national regulation of fixed site (ex. roller coaster) amusement ride safety. The current regulatory system is highly fragmented and consists of many disparate efforts by State and local agencies, judicial intervention in the form of tort litigation and industry self regulatory compliance. The Federal government has no authority over fixed site ride safety. The authors review the state of fixed site ride regulation and the merits of both centralized and de-centralized regulation, including a proposed Federal statute conferring jurisdiction of the matter upon the Consumer Products Safety Commission. They conclude with proposals for enhancing the management of fixed site ride safety.

Putting the Green in Bureaucracy: Practices of Quantification and Valuation in Environmental Regulation

While researchers have devoted considerable attention to exploring the ways that intentional environmental reregulation creates new avenues for capital accumulation (e.g. Smith, 2007; Castree, 2008), it remains somewhat unclear how the less grandiose day-to-day work of environmental regulators may also help create new sources of ecological value. Through an ethnographic study of environmental regulators tasked with enforcing key environmental laws, I shed light on the subtle ways that rule interpretation and scientific practice structure the frames, models, and methodologies regulators use to enact “best professional judgments” about ecological systems, and ultimately to assign particular values to nature. I also show the ways that non-human nature pushes back against such assessments, which in combination with the interpretive work of environmental regulation, opens spaces of conflict in at least two arenas: one focused on modes of quantification, where actors contend between economistic, ecological, statutory, and moral frames for making value assessments; and one focused on presentations of value, where actors contend between value assessments that best represent their self-defined interests. The ‘value settlements’ environmental regulators reach in these contested spaces allow processes of commensuration to proceed, and ultimately make nature legible for capitalization and exchange. Accounting for the ways that these basic regulatory practice help create ecological value is essential for creating a fuller picture of the ways capital and natural capital relate.

Attitudinal predictors in a Negligence Case

This study addresses the use of attitude and personality variables as predictors of compensation and award in a personal injury suit. Safety seeking behavior and attitudes toward tort reform are introduced as case-specific factors that may predict this verdict decision. Two hundred registered voters were surveyed on scales measuring attitudes toward safety, tort reform, and psychiatrists. Subjects also indicated their demographic characteristics and the degree of compensation and amount of award they would render the plaintiff in a civil suit. Results indicated attitudinal variables were more predictive of compensation and award than were demographic variables. The implications of these findings are discussed.

Development of a Lab-on-a-Chip Device for Rapid Nanotoxicity Assessment In Vitro

Increasing useof nanomaterials in consumer products and biomedical applications creates the possibilities of intentional/unintentional exposure to humans and the environment. Beyond the physiological limit, the nanomaterialexposure to humans can induce toxicity. It is difficult to define toxicity of nanoparticles on humans as it varies by nanomaterialcomposition, size, surface properties and the target organ/cell line. Traditional tests for nanomaterialtoxicity assessment are mostly based on bulk-colorimetric assays. In many studies, nanomaterials have found to interfere with assay-dye to produce false results and usually require several hours or days to collect results. Therefore, there is a clear need for alternative tools that can provide accurate, rapid, and sensitive measure of initial nanomaterialscreening. Recent advancement in single cell studies has suggested discovering cell properties not found earlier in traditional bulk assays. A complex phenomenon, like nanotoxicity, may become clearer when studied at the single cell level, including with small colonies of cells. Advances in lab-on-a-chip techniques have played a significant role in drug discoveries and biosensor applications, however, rarely explored for nanomaterialtoxicity assessment. We presented such cell-integrated chip-based approach that provided quantitative and rapid response of cellhealth, through electrochemical measurements. Moreover, the novel design of the device presented in this study was capable of capturing and analyzing the cells at a single cell and small cell-population level. We examined the change in exocytosis (i.e. neurotransmitterrelease) properties of a single PC12 cell, when exposed to CuOand TiO2 nanoparticles. We found both nanomaterials to interfere with the cell exocytosis function. We also studied the whole-cell response of a single-cell and a small cell-population simultaneously in real-time for the first time. The presented study can be a reference to the future research in the direction of nanotoxicity assessment to develop miniature, simple, and cost-effective tool for fast, quantitative measurements at high throughput level. The designed lab-on-a-chip device and measurement techniques utilized in the present work can be applied for the assessment of othernanoparticles' toxicity, as well.

Simply Genre Films: Extracting “King Lear” from “House of Strangers” and “Broken Lance"

The purpose of this thesis is to evaluate and refute Yvonne Griggs’ claims that the films “House of Strangers” (1949) and “Broken Lance” (1954) are as Griggs deems “genre-based adaptations” of William Shakespeare’s “King Lear.” I argue that the films, although they have some essential elements of “King Lear,” lack intentionality and reception, pivotal components in determining viability as a Shakespearean film adaptation. Using Griggs’ book as my critical background, I will show that these films are better classified under their respective genre categories, Western and film noir, not as “King Lear” genre adaptations. I will also suggest criteria for determining the level of canonicity of a “King Lear” film adaptation. Popularity of films does not determine validity, and a film does not need purported Shakespearean provenance to validate its ratings. Some films, like these, merely reference or pay homage to Shakespeare through use of essential elements of “King Lear”; here, I deem such affinities to be more unintentional than intentional.

Spatial Articulations of Race, Desire, and Belonging in Western North Carolina

The sociocultural mythology of the South homogenizes it as a site of abjection. To counter the regionalist discourse, the dissertation intersects queer sexualities with gender and race and focuses on exploring identity and spatial formation among Black lesbian and queer women. The dissertation seeks to challenge the monolith of the South and place the region into multiple contexts and to map Black geographies through an intentional intersectional account of Black queer women. The dissertation utilizes qualitative research methods to ascertain understandings of lived experiences in the production of space. The dissertation argues that an idea of Progress has been indoctrinated as a synonym for the lgbtq civil rights movement and subsequently provides an analysis of progress discourses and queer sexualities and political campaigns of equality in the South. Analyses revealed different ways to situate progress utilizing the public contributions of three Black women interviewed for the dissertation. Moreover, the dissertation utilizes six Black queer and lesbian women to explain the multifarious nature of identities and their construction in place. Black queer and lesbian women produce spaces that deconstruct the normativity of stasis and physicality, and the dissertation explores the consequential realities of being a body in space. These consequences are particularly highlighted in the dissertation by discussions of the processes of racialization in the bounded and unbounded senses of space and place and the impacts of religious institutions, specifically Christianity. The dissertation concluded that no space is without complication. Other considerations should be made in the advancement of alleviating oppression deeply embedded in United States landscapes. Black women’s geographies offer epistemological and ontological renderings that enrich analyses of space, place, and landscape. The dissertation also concludes that Black women’s bodies represent sites for the production of geographic knowledge through narrating their spaces of material trajectories of interlocking, multiscalar lives.