An analysis of mental imagery in children's silent reading

Thesis (Ed.M.)--Boston Universit

Infinite Hope - Introduction to the Symposium: The 140th Anniversary of the Fourteenth Amendment

This symposium celebrates the 140th anniversary of ratification. The anniversary provides us with a fruitful occasion to reflect upon the meaning of the Amendment to its Framers in Congress and as it was initially interpreted by the United States Supreme Court and the public, and to examine the lasting impacts of both conceptions...Therefore, our participants explicitly discuss applying their understanding of history to the modern implications of the Fourteenth Amendment and current law. Understanding the Amendment, especially because of its early reception by the Court, requires looking at law, history, political science, and sociology, among other disciplines, to try to get a full view. Through this variety of prisms, we can look at what the framers and ratifiers were trying to accomplish, compare and contrast them with each other and with the response of the Supreme Court, and seek to provide insights for judges, lawyers, academics, and students

Education and the Constitution: Shaping Each Other & the Next Century

In evaluating patients’ potential legal remedies, this Comment explores 1) the emergence of managed care organizations in the United States; 2) the creation of the Employee Retirement Income Security Act of 1974 (“ERISA”) and how it impacts patients’ claims against their MCOs; 3) the question of “quantity” versus “quality” in evaluating whether ERISA preemption exists; 4) three theories (direct liability, breach of fiduciary duty, and vicarious liability) used to hold MCOs liable for injuries resulting from malpractice or the wrongful denial of benefits; 5) state legislative attempts to circumvent ERISA’s inequitable preemption of claims; and 6) why, given ERISA’s failure to safeguard employees, new federal legislation is necessary to protect participants in managed care organizations

Thinking about reflection: an investigation of metacognition in individuals with borderline personality disorder and psychosis

Introduction – Previous research suggests that individuals who experience complex mental health problems have difficulties in thinking about their own and others’ mental processes and using this information to solve problems, or metacognition. This exploratory study investigated metacognition in individuals with a diagnosis of borderline personality disorder or psychosis. Measures of attachment, symptom experience and interpersonal problems were taken to explore possible correlations with metacognition. Methods – Metacognition was measured through semi-structured interview rated using the Metacognitive Assessment Scale (MAS) which categorised metacognition into subscales: understanding own mind (UM), understanding others’ mind (UOM) and mastery (M). Results – Mann-Whitney analysis revealed both groups demonstrated metacognitive difficulties and no differences in metacognition were observed between groups. Friedman’s ANOVA and post hoc Wilcoxon Signed Rank tests found statistically significant differences between MAS subscales, UM was better than UOM which was more developed than M. Nonparametric correlational analysis revealed poorer metacognition was associated with greater positive symptoms and attachment anxiety and greater metacognitive skills were associated with attachment avoidance. Discussion – Metacognition was impaired in both groups suggesting it is a transdiagnostic construct and the pattern of metacognitive impairment suggests metacognition is organised hierarchically. These finding are discussed in the context of relevant theory, limitations highlighted and clinical implications proposed

Empathy and Pragmatism in the Choice of Constitutional Norms for Religious Land Use Disputes

From the perspective of both religious entities and local governments, religious land use requests are best resolved quickly, locally and cooperatively. The traditional framework for addressing religious land use disputes, which the Religious Land Use and Institutionalized Persons Act (RLUIPA)1 adopted, is ill-suited to those goals. Legally, disputes have long been framed as denials of the free exercise of religion – the broadest of all claims and the one requiring the most intrusive and subjective determinations about a particular religious group and its proposed use (what religion is, what a particular sect requires and how religion qua religion is affected by land use decisions). I propose that the best method for analyzing land use decisions should be simple to apply, rely upon external and objective evidence to the greatest extent possible, create incentives for cooperation and resolution, reduce antagonism, and be deferential to both religious users and local government decisions. That can be better accomplished by flipping the traditional order of analysis by determining: first, if the land use decision violates Establishment clause norms; next, if it violates Equal Protection norms; and then, and only then, if the neutral decision nonetheless amounts to a denial of Free Exercise norms

Municipal Zoning; Mandatory Referendum For Zoning Amendments; Lawful Delegation of Legislative Power; Due Process; City of Eastlake v. Forest City Enterprises, Inc.

IN City of Eastlake v. Forest City Enterprises, Inc., the United States Supreme Court held that a mandatory referendum on all zoning changes did not violate the Due Process Clause of the United States Constitution. The Court decided that such referenda are not delegations of legislative power, but exercises of the people\u27s reserved power. Therefore, they need not be accompanied by discernible standards as with delegations of power to administrative agencies

Education and The Constitution: Shaping Each Other and the Next Century

Thinking about the interaction between the Constitution and education reveals that they are deeply interconnected, at profound levels of interdependence and complexity. Those connections are often strikingly visible, but are sometimes quite subtle. A fundamental interdependence was formed with the decision to formulate our governmental structure as a democratic republic. The Constitution created the necessity for adequate public education to prepare the citizenry to exercise the role of self-government. An educated voting public underpins a successful democratic structure, as was explicitly recognized in Brown v. Board of Education, in which the Court acknowledged: the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities . . . . It is the very foundation of citizenship. Today it is the principal instrument for awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment.” But it is not only our political system that is dependent upon a viable and successful educational system. Our economic system also proclaims its reliance upon well-trained and educated workers. And our social system rests on two largely accepted goals that each require access to education--the “melting pot” which requires the successful absorption of diverse immigrant populations into a pluralistic social and cultural structure, and “upward mobility” which requires the permeability of class barriers. Both goals are achieved substantially through the education system

The Union as it Wasn\u27t and the Constitution as it Isn\u27t: Section Five and Altering the Balance of Powers

This article argues that in reconstituting that Union, the 39th Congress and the Fourteenth Amendment not only altered the fundamental structural principles of the relationship between the states and the national government and the responsibility of government to protect individual liberties. It argues that the original structural alignment of national powers and the boundaries of their respective spheres were also, of necessity and by understanding, recast as well

Municipal Zoning; Mandatory Referendum For Zoning Amendments; Lawful Delegation of Legislative Power; Due Process; City of Eastlake v. Forest City Enterprises, Inc.

IN City of Eastlake v. Forest City Enterprises, Inc., the United States Supreme Court held that a mandatory referendum on all zoning changes did not violate the Due Process Clause of the United States Constitution. The Court decided that such referenda are not delegations of legislative power, but exercises of the people\u27s reserved power. Therefore, they need not be accompanied by discernible standards as with delegations of power to administrative agencies

Infinite Hope-- Introduction to the Symposium: the 140th Anniversary of the Fourteenth Amendment

The Fourteenth Amendment embodies hope. This article introduces the Symposium celebrating the 140th anniversary of its ratification, held at the University of Akron. The symposium was a fruitful occasion to reflect upon the meaning of the Amendment to its Framers in Congress and as it was initially interpreted by the United States Supreme Court and the public, and to examine the lasting impacts of both conceptions. Our participants especially examined three of the Supreme Court\u27s earliest forays into applying the Fourteenth Amendment: The Slaughter House Cases, Bradwell v. Illinois, and Cruikshank v. United States. Those forays succeeded in cramping the Amendment\u27s majesty and power in contravention to its design, intent, and language. Although our participants disagree about the extent to which the Court intended to or needed to be read as having eviscerated its meaning, all seem to agree that the propulsive force of the Amendment for legal change withered in the aftermath of those decisions. The authors also demonstrate the opportunities left open to use unaffected clauses to accomplish the goals of the Amendment. Several authors explore how the Amendment was incorporated into the public consciousness and used by citizens to reimagine the fabric of American life in ways that carried forward the promise of the Amendment. The symposium begins with general historical reviews of the Amendment in Congress, the public context against which it was enacted, its early application in the Supreme Court and the impact of those narrowing decisions upon the Amendment. It moves to an exploration of the doors that the early cases may have left ajar for future use to reinvigorate the promises of the Amendment and achieve its framer\u27s goals. Although the main focus of our authors is upon legal arguments, they also examine the force of political expediency to support legal arguments or to prevent their being made in ways that might destabilize the fragile union. The third segment of the symposium looks much more directly at the impact of the actual public response to the Amendment and its meaning, and how that public response shaped the Amendment as well as keeping alive its potential to revise the fabric of American life and law. As with the abolitionists in the antebellum period, the understandings and actions of the people profoundly influenced the Amendment\u27s legal as well as cultural meaning. Although most of the participants focus primarily or exclusively on Section One of the Amendment, one explicates the impact of Section Three and the intrigue accompanying its application against Jefferson Davis and another examines Section Five as an alteration to separation of powers as well as federalism principles. The development and meaning of the Amendment, even for contemporary and future use, is intimately related to the past. We cannot avoid continuing to ask vital questions and seek answers to them. What the Amendment meant in the past and how it has been interpreted and applied throughout its 140 years of existence have resonance today