In The Shadow Of The Law: The Role Of Custom In Intellectual Property,
2019
University of Pennsylvania Carey Law School
In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
Custom, including industry practices and social norms, has a tremendous influence on intellectual property (“IP”) law, from affecting what happens outside of the courts in the trenches of the creative, technology, and science-based industries, to influencing how courts analyze infringement and defenses in IP cases. For decades, many scholars overlooked or dismissed the impact of custom on IP law in large part because of a belief that the dominant statutory frameworks that govern IP left little room for custom to play a role. In the last ten years, however, the landscape has shifted and more attention has been given to …
Stakeholder Input To The Development Of The Santa Clara County Lgbtq-Focused Shelter: A Process And Policy Analysis,
2019
San Jose State University
Stakeholder Input To The Development Of The Santa Clara County Lgbtq-Focused Shelter: A Process And Policy Analysis, Anthony Montalvo
Master's Projects
Due to elevated homelessness and growing hate crimes, an LGBTQ-focused shelter was developed and implemented by Office of Supportive Housing (OSH), along with the OLGBTQ (Office of Lesbian, Gay, Bisexual, Transgender, Queer). The following research investigated whether the process to design the LGBTQ-focused shelter program in Santa Clara county took the necessary steps to ensure that the program represents the community it intends to serve. Using process evaluation to identify the problem and proposed solutions, and policy analysis to examine the alternative solutions, the research answered the question: Did the approved design of the LGBTQ-focused shelter represent the stakeholder planning …
Hushing Contracts,
2019
University of Pennsylvania Carey Law School
Hushing Contracts, David A. Hoffman, Erik Lampmann
All Faculty Scholarship
The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy …
Understanding Effectiveness Of A Diverse Board In The Nonprofit Sector: The Role Of Board Inclusion & Critical Mass Of The Diverse Board Members,
2019
Virginia Commonwealth University
Understanding Effectiveness Of A Diverse Board In The Nonprofit Sector: The Role Of Board Inclusion & Critical Mass Of The Diverse Board Members, Suparna Dutta
Theses and Dissertations
Using rated responses from nonprofit CEOs who participated in the 2016 BoardSource national survey, this study investigates whether nonprofit board inclusive behavior or board inclusive practices are positively correlated with nonprofit board effectiveness. It further examines whether a critical mass of racial and ethnic minority or women board members may moderate the relationship stated above. To answer these questions, the study tested six hypotheses using principal component analysis, followed by hierarchical regression analysis, and found no evidence of statistical significance in main or moderator effects. The study recommends that policymakers should frame policies that ensure mandatory quotas for women and …
Is It Who Am I Or Who Do You Think I Am? Identity Development Of Adolescents With Substance Use Disorders,
2019
Antioch University - PhD Program in Leadership and Change
Is It Who Am I Or Who Do You Think I Am? Identity Development Of Adolescents With Substance Use Disorders, Danielle N. Treiber
Antioch University Dissertations & Theses
The purpose of this study was to unearth how adolescents with substance use disorders achieve the task of identity formation and the construction of self-concept in the midst of the drug culture and society that exists. It sought to uncover the social constructs designed to ignore and/or remove human complexities and allow an intersectional approach to be brought to a study on this population. Historically, there has been a failure to investigate the underlying social attitudes and behaviors that impact the very delicate and vulnerable process of finding self. Psychosocial and relational adjustment are strongly influenced by the extent to …
Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story,
2019
Antioch University - PhD Program in Leadership and Change
Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story, Kenneth Cooper Alexander
Antioch University Dissertations & Theses
This study tells the deep, rich story of Evelyn T. Butts, a grassroots civil rights champion in Norfolk, Virginia, whose bridge leadership style can teach and inspire new generations about political, community, and social change. Butts used neighbor-to-neighbor skills to keep her community connected with the national civil rights movement, which had heavily relied on grassroots leaders—especially women—for much of its success in overthrowing America’s Jim Crow system of segregation and suppression. She is best-known for her 1963 lawsuit that resulted in the U.S. Supreme Court’s 1966 decision to ban poll taxes for state and local elections, a democratizing event …
Broken Experimentation, Sham Evidence-Based Policy,
2019
Columbia Law School
Broken Experimentation, Sham Evidence-Based Policy, Kristen Underhill
Faculty Scholarship
Evidence-based policy is gaining attention, and legislation and agency regulation have been no exception to calls for greater uptake of research evidence. Indeed, current interest in “moneyball for government” is part of a long history of efforts to promote research-based decisions in government, from the U.S. Census to cost-benefit analysis. But although evidence-based policy-making (EBPM) is often both feasible and desirable, there are reasons to be skeptical of the capacity of EBPM in governmental decision-making. EBPM is itself bounded by limits on rationality, the capacity of science, the objectivity of science, and the authority we wish to give technocrats. Where …
The Effects Of A Multicultural Overseas Community On Military Adolescents,
2019
Walden University
The Effects Of A Multicultural Overseas Community On Military Adolescents, Nicole Hayes
Walden Dissertations and Doctoral Studies
Several reserachers have identified the challenges faced by military adolescent dependents. However, scholarly literature provides little evidence regarding examples of the impact of military adolescents' transition and adjustment to residing in a multicultural community overseas. A qualitative case study was conducted of 6 former military adolescents between the ages of 18 and 25, regarding their perceptions of the experiences and challenges they encountered while residing in a multicultural overseas community as a military dependent between grades 8-12. Benet's polarities of democracy served as the theoretical framework. All data were inductively coded and subjected to a thematic analysis from which 5 …
Second Language Capability In The Army Linguist Community,
2019
Walden University
Second Language Capability In The Army Linguist Community, Kenneth John Hutchinson
Walden Dissertations and Doctoral Studies
Developing the ability to understand one's adversary is a critical task for any professional in the military. In the army, this understanding is partially realized through a second language capability. This study involved quantifying results from different sites and methods of second language training for army linguists, using proficiency scores measured by the Defense Language Proficiency Test to determine if quantitative differences between methods of instruction existed. The hypothesis that trainees at Site 1 achieved significantly higher proficiency levels than trainees at Site 2 was used as the primary building block for this research. The objective of this study was …
The Use Of Compassionate Release Policies For Elderly Offenders,
2019
Walden University
The Use Of Compassionate Release Policies For Elderly Offenders, Lindsey Martin
Walden Dissertations and Doctoral Studies
This research examined the use of compassionate release policy in response to the fastest-increasing segment of the prison population- elderly offenders. Though this policy is an approach to this problem, there was little available research regarding which correctional organizations in the United States adopt compassionate release and how it is used. The purpose of this nonexperimental comparative quantitative study was to examine the use of the policy in neighboring and distant state correctional systems relative to those organizations that used the policy more frequently to determine if the leader-laggard theory of policy diffusion was an effective policy-implementation framework. The research …
African American Males' Perceptions Of The Police,
2019
Walden University
African American Males' Perceptions Of The Police, Shawanda S. Moore
Walden Dissertations and Doctoral Studies
African American males are more likely than any of race of males to report unreasonable and unnecessary negative experiences with law enforcement officers. They may describe these experiences as unjustified due to the level of force used. In some cases, excessive force used by police has resulted in the death of African American males. Due to unresolved issues between African American males and police officers dating back to the slavery era, there is a deep historical division between these groups. Among African American males, the percentage of individuals who express distrust toward police officers tends to be higher than in …
The Impact Of Good Governance And Stability On Sustainable Development In Ghana,
2019
Walden University
The Impact Of Good Governance And Stability On Sustainable Development In Ghana, William Deiyan Towah
Walden Dissertations and Doctoral Studies
Previous studies have lauded Ghana's commitment to sustainable development, but corruption and violence may affect sustainable development policies and initiatives related to poverty reduction, agricultural practices, environmental protection, and human development. The purpose of this holistic, qualitative case study was to identify and describe good governance practices in Ghana and threats to sustainable development. A Marxist conceptual lens guided the thematic analysis of data collected from artifact documents, field notes, and interviews of 20 key informants from various professions and diverse perspectives who were directly involved in the governance of Ghana or implementation of policies. Three primary themes emerged: (a) …
Late Adolescent Mothers' Homelessness And Pregnancy Experiences While Living In Transitional Housing,
2019
Walden University
Late Adolescent Mothers' Homelessness And Pregnancy Experiences While Living In Transitional Housing, Beverly Vendryes
Walden Dissertations and Doctoral Studies
The numbers of homeless adolescent mothers have been increasing over the past decade. Previous studies have focused on homeless individuals, but no studies examined late adolescent mothers' homelessness and pregnancy experiences while living in transitional housing. Using a phenomenological methodology, this study explored the lived experiences of 7 adolescent mothers, 18 to 24 years old, who were homeless, pregnant, and living in transitional housing. The social construction of reality theory provided the framework and interpretive lens for this study. Social networking and snowball sampling were used for participant recruitment. Through in-depth interviews, data coding and analyses were conducted to identify …
Stress Preparedness For Law Enforcement Officers Via Academic Training,
2019
Walden University
Stress Preparedness For Law Enforcement Officers Via Academic Training, Matthew Ridgeway Burke
Walden Dissertations and Doctoral Studies
Most law enforcement officers experience a traumatic event within the first 3 years of duty but may not receive proper mental health training in the police academy to prepare them for a career in law enforcement, and little is understood about police academy training regarding mental health. Using secondary traumatic stress (STS) as a conceptual framework, the purpose of this qualitative study was to understand the perspective of law officers on the usefulness of academy training to prevent or manage mental health issues that may arise from law enforcement duty. Data were collected from 35 law enforcement officers in a …
Influence Of Organizational Culture And Leadership Styles On Nonprofit Staff Members' Commitment,
2019
Walden University
Influence Of Organizational Culture And Leadership Styles On Nonprofit Staff Members' Commitment, Simone Hinds
Walden Dissertations and Doctoral Studies
Organizational culture and leadership styles of a leader are important to staff members' commitment in a nonprofit organization, yet little is understood about the role of leadership style and the degree to which staff are committed to organizational effectiveness in nonprofit organizations. Using Avolio and Bass' conceptualization of transformational leadership as the theoretical foundation, the purpose of this descriptive study was to examine the organizational culture, leadership styles, and nonprofit staff members' commitment in 1 large organization in the United States. Survey data were collected (N = 100) through an instrument that combined Cameron and Quinn's Organizational Cultural Assessment and …
Marijuana Legalization And Traffic Fatalities Involving Cannabinoids,
2019
Walden University
Marijuana Legalization And Traffic Fatalities Involving Cannabinoids, Mark Lewn Hake
Walden Dissertations and Doctoral Studies
Washington State and Colorado were the first states to legalize recreational marijuana. According to the Washington Traffic Safety Commission, the number of drivers who tested positive for marijuana in traffic fatalities increased 48% from 2013 to 2014, and marijuana legalization may have influenced this increase. Since marijuana legalization is new to the United States, the effects of this change in policy are untested in the literature. The purpose of this quantitative study using a regression point displacement design was to examine the relationship between traffic fatalities involving cannabinoids in Washington State before and after marijuana legalization. Rational choice theory and …
Examining The Experience Of Nepotism In A Protestant Church,
2019
Walden University
Examining The Experience Of Nepotism In A Protestant Church, Monica L. Austin
Walden Dissertations and Doctoral Studies
The research literature reveals a number of studies conducted on unethical behavior, including nepotism, within the broader nonprofit sector. However, the effect of faith community leadership nepotism on parishioners has not been studied. The purpose of this phenomenological study was to fill a gap in the literature by exploring parishioner perceptions of leadership nepotism through the lens of servant leadership. Specific to this study, it was unknown whether parishioners of a Protestant church view nepotism as having a positive, negative, or neutral impact related to leadership performance. Specifically, the study explored parishioner impacts related to 5 elements of servant leadership: …
National Strategy Against Narcotics, Drug Control Policy, And Law Enforcement Experiences In Kosovo,
2019
Walden University
National Strategy Against Narcotics, Drug Control Policy, And Law Enforcement Experiences In Kosovo, Ferid Azemi
Walden Dissertations and Doctoral Studies
This research is focused on evaluation of National Strategy Against Narcotics (NSAN) enacted in 2012 in Kosovo. The purpose of this study was to understand the impact of NSAN through visualizing data and gaining deeper insight from experiences of antidrug experts. Convergent parallel mixed methods were used to answer the main research questions. The central research questions examined the impact of strategy implementation in juvenile drug arrest reduction, and its effectiveness on Kosovo criminal justice system. Markwood's comprehensive theory of substance abuse prevention (CTSAP) was used to assess and explore the NSAN. Deidentified juvenile arrest rates taken from Kosovo official …
Logistical Resource Capability During A Mass Casualty Event In Washington State,
2019
Walden University
Logistical Resource Capability During A Mass Casualty Event In Washington State, Todd Devin Brauckmiller
Walden Dissertations and Doctoral Studies
The need for increasing efficiencies for medical resource delivery during a mass casualty incident/event is a paramount logistical planning factor that could mean life or death to the citizens affected by a disaster. As such, Washington State has prioritized emergency management and preparedness. Using the just-in-time system by way of Baghbanian' s complex adaptive decision-making theory as the foundation, gave purpose to this qualitative study. This was accomplished by analysis of emergency management professional responses, and to what degree, improvements can be made to the medical resource delivery system during a mass casualty incident/event. Data were collected through semi structured …
On Blasphemy: Immigrant Muslim Leaders In America,
2019
Walden University
On Blasphemy: Immigrant Muslim Leaders In America, Angela Ewing
Walden Dissertations and Doctoral Studies
Some Muslim immigrants in the United States have difficulty reconciling American free speech rights with the blasphemy component of Islamic law, which often requires death for those who criticize Islam. Little academic literature addresses reconciliation of Islamic beliefs with the Constitutional right to free speech or information on Muslim political participation regarding free speech. Using policy feedback theory as the foundation, the purpose of this phenomenological study was to understand the experiences of Muslim immigrants who practice Islam in a free speech society. Data were collected from a sample of 10 immigrant Muslim imams, scholars, and community leaders in Virginia …
