Digital Commons Network^™

Educating English Learners: Reconciling Bilingualism And Accountability, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In late July 2011, an estimated 5,000 individuals converged on Washington, D.C., to protest the direction of state and federal education policy. Fueled by social media, the Save Our Schools March and National Call to Action was a grassroots effort organized largely by teachers, with principals, school board members, and activists lending support. Featured speakers included prominent education figures, like historian Diane Ravitch and Jonathan Kozol, a former teacher known for his writings on school inequalities. Specific points of contention focused on high stakes testing and test-based accountability, key elements in the Obama Administration’s Blueprint for Reform and Race …

Obligatory Health, Noa Ben-Asher

Faculty Publications

The Supreme Court will soon rule on the constitutionality of the Patient Protection and Affordable Care Act passed in March 2010. Courts thus far are divided on the question whether Congress had authority under the Commerce Clause to impose the Act's "Individual Mandate" to purchase health insurance. At this moment, the public and legal debate can benefit from a clearer understanding of the underlying rights claims. This Article offers two principal contributions. First, the Article argues that, while the constitutional question technically turns on the interpretation of congressional power under the Commerce Clause, underlying these debates is a tension between …

Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg

Faculty Publications

The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …

Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In September 2010, an eye-catching article appeared on the front page of the New York Times “Arts” section. The headline read, “Cultures United to Honor Separatism.” Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to discuss cultural politics. As time would tell, pitched battles over sovereignty and independence seemed to be yielding to equally passionate calls for linguistic and cultural recognition. Facing the pressure of English as the global lingua franca, historically militant groups were placing their …

Revictimization Of Personal Injury Victims By Erisa Subrogation Claims, Roger Baron

Faculty Publications

No abstract provided.

Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard

Faculty Publications

No abstract provided.

The Crazy Horse Malt Liquor Case: From Tradition To Modernity And Halfway Back (Part Iii Of South Dakota Law Review Trilogy), Frank Pommersheim

Faculty Publications

No abstract provided.

Pooled Trusts, Tom Simmons

Faculty Publications

No abstract provided.

Leaving The Lecture Hall: Conducting Hf/E Outside The Classroom, C. B. Fausset, K. R. Bujak, K. A. Kline, Jenay Beer, C.-A. Smarr, A. E. Adams, S. E. Mcbride, J. S. Burnett

Faculty Publications

Georgia Tech HF/E students initiated and managed a multisemester project to experience the nuances of conducting HF/E outside the classroom setting. This article focuses on the lessons learned beyond the classroom: project management, team coordination, communication with non-HF/E team members, application of research methods, and integration of data to prioritize and guide design changes. The goal of this article is to help guide other HF/E students and educators when implementing similar projects by providing the lessons we learned from this experience.

Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau

Faculty Publications

No abstract provided.

Deconstructing Events: The Neural Bases For Space, Time, And Causality, Alexander Kranjec, Eileen R. Cardillo, Gwenda L. Schmidt, Matthew Lehet, Anjan Chatterjee

Faculty Publications

Space, time, and causality provide a natural structure for organizing our experience. These abstract categories allow us to think relationally in the most basic sense; understanding simple events requires one to represent the spatial relations among objects, the relative durations of actions or movements, and the links between causes and effects. The present fMRI study investigates the extent to which the brain distinguishes between these fundamental conceptual domains. Participants performed a 1-back task with three conditions of interest (space, time, and causality). Each condition required comparing relations between events in a simple verbal narrative. Depending on the condition, participants were …

Modeling Micro-Economic Resilience And Restoration After A Large-Scale Catastrophe: An Analysis Of The Gulf Coast After Katrina, David L. Butler, Edward Sayre

Faculty Publications

No abstract provided.

Willingness To Use Adhd Treatments: A Mixed Methods Study Of Perceptions By Adolescents, Parents, Health Professionals And Teachers, Regina Bussing, Mirka Koro-Ljungberg, Kenji Noguchi, Dana Mason, Gillian Mayerson, Cynthia W. Garvan

Faculty Publications

Little is known about factors that influence willingness to engage in treatment for attention deficit/hyperactivity disorder (ADHD). From 2007 to 2008, in the context of a longitudinal study assessing ADHD detection and service use in the United States, we simultaneously elicited ADHD treatment perceptions from four stakeholder groups: adolescents, parents, health care professionals and teachers. We assessed their willingness to use ADHD interventions and views of potential undesirable effects of two pharmacological (short- and long-acting ADHD medications) and three psychosocial (ADHD education, behavior therapy, and counseling) treatments. In multiple regression analysis, willingness was found to be significantly related to respondent …

Coping Behaviour As An Adaptation To Stress: Post-Disturbance Preening In Colonial Seabirds, Shandelle M. Henson, Lynelle M. Weldon, James L. Hayward, Daniel Greene, Libby C. Megna, Maureen C. Serem

Faculty Publications

In humans, coping behaviour is an action taken to soothe oneself during or after a stressful or threatening situation. Some human behaviours with physiological functions also serve as coping behaviours, for example, comfort sucking in infants and comfort eating in adults. In birds, the behaviour of preening, which has important physiological functions, has been postulated to soothe individuals after stressful situations. We combine two existing modelling approaches – logistic regression and Darwinian dynamics – to explore theoretically how a behaviour with crucial physiological function might evolve into a coping behaviour. We apply the method to preening in colonial seabirds to …

Influences On Active Family Leisure And A Healthy Lifestyle Among Adolescents, Shallie M. Taylor, Peter Ward, Ramon Zabriskie, Brian Hill, Carl Hanson

Faculty Publications

The purpose of this study was to examine how attitude, subjective norm, and perceived behavioral control influence adolescents’ intent to participate in active family leisure within the theory of plan behavior framework. Adolescents (N = 472) completed an online questionnaire about their perceptions and actual participation in active family leisure. Structural equation modeling was used to analyze the data. A post-hoc analysis also considered individual leisure and its role on active family leisure. Attitude, subjective norm, and perceived behavioral control were significant predictors of intent to participate in active family leisure.

Assessing Program Implementation: What It Is, Why It's Important, And How To Do It, Mat D. Duerden, Peter A. Witt

Faculty Publications

While the importance of evaluation program offerings is acknowledge by Extension educators, less emphasis is given to understanding program implementation. Simply assessing program impact without a clear understanding of the degree to which a program was actually implemented can result in inaccurate findings. The effective evaluation of both program impacts and evaluation can provide Extension educators with a more holistic perspective of their programs and an increased ability to identify and disseminate best program practices.

Developing Positive Attitudes Toward Geriatric Nursing Among Millennials And Generations Xers, Barbara A. Heise, Vickie Johnsen, Deborah O. Himes, Debra Wing

Faculty Publications

Despite the increase of the older adult population, there exists a shortage of health care professionals trained to help this population remain independent as long as possible. Ageism, common among younger adults, affects the capacity building of health care for older adults. Research has indicated that increased knowledge about older adults, as well as exposure to the elderly, may alter nursing students' attitudes regarding careers in gerontological nursing. However, questions remain as to what are the most effective ways to provide gerontological content in nursing programs and enhance attitudes toward older adults. With the understanding that younger adults see a …

Creating And Maintaining A Positive Environment For Students In Middle School Physical Education, David C. Barney, Robert S. Christenson

Faculty Publications

The aim of this scholarly work was to identify the components that have a direct impact on the positive atmosphere surrounding the teaching-learning process in middle school physical education. As students are the main focus for instruction, the physical education teacher has the primary responsibility for crafting and preserving the best environment to encourage successful participation for middle school learners. The findings of this work indicate that there are jive major teacher-controlled factors that have been identified, with ten sub-sets of those areas that play a key role in the teaching and learning of physical education in Oklahoma.

Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz

Faculty Publications

Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …

Human Security And Military Preparedness, Linda A. Malone

Faculty Publications

No abstract provided.

Conducting Effective Interviews About Virtual Work: Gathering And Analyzing Data Using A Grounded Theory Approach, Kerk F. Kee, Marceline Thompson-Hayes

Faculty Publications

This chapter explicates interviewing as a viable research method for studying virtual work. The chapter begins with a review of the existing interdisciplinary scholarship on qualitative interviewing along with three modes of interviewing, interviewing techniques, formats, and rigor. Next, the chapter reviews exemplary research reports on virtual work to illustrate best practices in interviewing and data analysis. Finally, suggestions for collecting, analyzing, and interpreting interview data about virtual work are discussed.

The Individual Mandate And The Taxing Power, Erik M. Jensen

Faculty Publications

This article, prepared for a symposium at the Salmon P. Chase College of Law, Northern Kentucky University, considers whether the Taxing Clause provides an alternative constitutional basis, as some have recently argued, for the individual mandate in the Patient Protection and Affordable Care Act of 21 - the requirement, going into effect in 214, that most individuals acquire satisfactory health insurance or pay a penalty. The article concludes that the Taxing Clause arguments are misguided. At best, the Clause can provide authority for the penalty, not for the mandate as a whole. Furthermore, the article questions whether the penalty will …

Genetic Control Of A Central Pattern Generator: Rhythmic Oromotor Movement In Mice Is Controlled By A Major Locus Near Atp1a2, Steven J. St. John, John D. Boughter Jr, Megan K. Mulligan, Kenichi Tokita, Lu Lu, Detlef H. Heck, Robert W. Williams

Faculty Publications

calreticulin, Animals, Chromosome Mapping, Mammalian Chromosomes, Gene Expression Regulation, Genetic Linkage, Genome-Wide Association Study. Inbred C57BL Mice, Inbred DBA Mice, Quantitative Trait Loci, Sodium-Potassium-Exchanging ATPase/genetics, Atp1a2 protein, Sodium-Potassium-Exchanging ATPase, feeding behavior, drinking behavior, mice, central pattern generator, genetic control

Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler

Faculty Publications

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …

Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer

Faculty Publications

No abstract provided.

The Alaska Permanent Fund Dividend And Membership In The State's Political Community, Christopher L. Griffin Jr.

Faculty Publications

Despite decades of unmitigated administrative success, the Alaska Permanent Fund Dividend (PFD) is not immune from political and legal controversy. The symbolic and financial importance that Alaskans ascribe to their annual dividend checks has generated disputes between ordinary residents and executive agencies over eligibility. Litigation concerning three dominant status requirements - minimum residency, U.S. citizenship, and felony incarceration - reveal not only the extent to which Alaskans will pursue what they believe to be valid claims on their share of natural resource wealth, but also the limits of full political membership in the state. This Comment frames a sample of …

Recovering The Assembly Clause, Timothy Zick

Faculty Publications

No abstract provided.

The Curious Relationship Between "Self-Deportation" Policies And Naturalization Rates, Angela M. Banks

Faculty Publications

Governor Mitt Romney has stated that the country’s immigration problems can be solved through “self-deportation.” Arizona, Alabama, Georgia, South Carolina, and Virginia agree. For example, K–12 public schools in Alabama are required to ascertain the immigration status of all enrolling students. Police officers in Arizona, Alabama, Georgia, South Carolina, and Virginia check the immigration status of all individuals booked into jail. These “self-deportation” laws and policies, also known as immigration enforcement through attrition, are designed to discourage and deter unauthorized migration. Yet these policies are having a broader impact; they are creating a hostile context of reception for immigrants regardless …

Tinkering With The Machinery Of Life, Ben L. Trachtenberg

Faculty Publications

Recent adjustments by the Environmental Protection Agency (EPA) and the Department of Transportation (DOT) to their cost–benefit analysis procedures could cause tremendous changes to federal regulation. For decades, federal agencies have calculated the value of a statistical life (VSL) and have used that number when evaluating the costs and benefits of proposed regulations. If a regulation was expected to save lives, the number of lives saved could be multiplied by the VSL to monetize the benefits. Because, however, lives saved in the future were given the same nominal value as lives saved in the present, the real value of future …

The Roberts Court And The Civil Procedure Revival, Howard Merrill Wasserman

Faculty Publications

In the six terms since John G. Roberts became Chief Justice in September 2005, the Supreme Court has decided numerous, significant, and potentially far-reaching cases on core civil procedure subjects, including pleading, summary judgment, personal jurisdiction, subject matter jurisdiction, class actions, and the Erie/Hanna Doctrine. This renewed interest in civil procedure and the Federal Rules is an important, but little-discussed, jurisprudential theme of the early years of the Roberts Court. This essay explores the Court’s emerging reengagement with civil procedure; it identifies several organizing themes in the recent cases and examines the existing ambivalence and hostility among the competing rulemaking …