Digital Commons Network^™

Navigating Racist Spaces Through Radical Self-Care: A Photovoice Exploration Of The Experiences Of Black Graduate Students, Laetitia Adelson, Cherese Fine, Dion Harry, Keneisha Harrington, Rebecca Lynn Morgan Ph.D., Tomiko Smalls, Jerad Green, Courtney Allen, Anuoluwapo Bankole, Robin Phelps-Ward

Faculty Publications

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This manuscript examines the impact of racist campus climates for Black graduate students at a predominantly white institution. Using a photovoice methodological design, this study illuminates students’ ability to thrive through radical self-care despite the many racist factors, incidents, and systems at the institution. The paper ends with recommendations for improving campus racial climate in graduate education.

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Moving Forward Together For Cancer Recovery: Collaborative Guide For Researchers And Cancer Care Organizations, M. Madison Kindred, Karen E. Wickersham, Daneille E. Ostendorf, Bernardine M. Pinto

Faculty Publications

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No abstract provided.

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Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

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The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

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Building Capacity, Driving Impact: A Landscape Analysis Of Community Engagement And Outreach Cores' Activities, Emily Frankel, Stephanie Broyles, Stephenie Kennedy-Rea, Casey Solsrud, Elizabeth K. Woods, Deborah Goebert, Zsolt Nagykaldi, Holly Huye, Lee M. Pachter

Faculty Publications

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Community Engagement and Outreach (CEO) Cores are a key component of the IDeA Clinical and Translational Research (IDeA-CTR) Program, serving to develop and implement capacity-building initiatives that empower communities to engage and collaborate with investigators in community-engaged research. To strengthen collaboration and shared learning across sites, a CEO Special Interest Group was established. In 2022, the group conducted a landscape analysis to systematically characterize and categorize CEO Core activities across the IDeA-CTR network, with a focus on capacity-building efforts related to knowledge transfer, co-learning, and infrastructure development. The analysis revealed several common approaches to community engagement and capacity building across …

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Hydrodynamic Tipping Points In The Mississippi Sound In Response To Bonnet Carré Spillway Openings, Mustafa Kemal Cambazoglu, Brandy N. Armstrong, Mohsena Lopa, Marc Diard, Jerry D. Wiggert

Faculty Publications

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This project examines the current operational strategy of the Bonnet Carré Spillway (BCS), a Mississippi River flood-control structure located about 21 miles northwest of New Orleans, Louisiana, and managed by the U.S. Army Corps of Engineers. The BCS is part of the larger Mississippi River and Tributaries Project, a network of levees and control structures designed to minimize flooding from the American plains to southern Louisiana. The spillway is opened when river discharge at New Orleans is forecasted to exceed 1,250,000 cubic feet per second, diverting significant volumes of Mississippi River water into Lake Pontchartrain which subsequently flows into Mississippi …

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Maesa Ramentacea Leaf Extract Protects Against Gentamicin-Induced Nephrotoxicity In Wistar Rats By Modulating Renal Oxidative Stress, Inflammation And Apoptosis, Fahmida Akter, Md Shafiqul Islam Sovon, Baizid Hossain, Md Ariful Islam, Subrato Das, Anik Biswas, Md Sohorab Uddin, Md Mahmudul Hasan

Faculty Publications

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Background: Gentamicin-induced nephrotoxicity continues to be a significant clinical concern, while effective and safe protective options remain limited. The nephroprotective potential of Maesa ramentacea has not yet been explored. To address this gap, the present study investigated the ethanolic leaf extract of M. ramentacea (MR-LEE) for its effects on gentamicin-induced kidney injury in Wistar rats. Methods: GC-MS profiling was employed to identify bioactive metabolites. Rats were categorised into five groups: control, gentamicin (100 mg/kg), gentamicin combined with silymarin (100 mg/kg), gentamicin combined with MR-LEE (200 mg/kg) and gentamicin combined with MR-LEE (400 mg/kg). Renal biomarkers, oxidative stress indicators, inflammatory and …

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Limits On Damages For Breach Of A Forum Selection Clause, John F. Coyle, Tanya Monestier

Faculty Publications

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When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate. This is because the conventional wisdom among judges has long been that damages are not available for breach of a forum selection …

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Tradition Without Text?, Daniel B. Rice

Faculty Publications

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This Essay critiques the Supreme Court’s emerging “history and tradition” methodology, as articulated in Dobbs v. Jackson Women’s Health Organization, arguing that its reliance on affirmative textual recognition in historical positive law fundamentally misrepresents the nature of American liberty traditions. By insisting that unenumerated rights are constitutionally cognizable only when earlier legal sources explicitly identified them as rights, the Court adopts a truncated evidentiary framework that privileges written enactments while disregarding lived experience, social practice, and the normative assumptions that shaped earlier understandings of permissible state power. The result, the Essay contends, is a mechanized and impoverished account of …

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A New 17 U.S.C. § 108a: Restoring The Intellectual Property Clause's Balance In Copyright Consideration Of Digital Disruption And The Prevalence Of Onerous Licensing Practices, Caroline L. Osborne

Faculty Publications

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Accessibility of knowledge and control over information is key to an informed public and democracy. The founding fathers recognized the benefits of an informed citizenry, enshrining this concept in the Intellectual Property Clause of the Constitution. Such a clause created a delicate balance between creator and consumer, incentivizing creation for the benefit of society. The beauty of the Clause is the concept of balance. Balance resting delicately on the fulcrum with the dual requirements of reward for creation and benefit to society. The evolution of the means and formats in which information is delivered to the consumer in the creation …

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A First Amendment Right To Know, David S. Ardia

Faculty Publications

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This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across the country. Based in part on a Supreme Court decision from the 1970s involving access to prisons, the government argued that the First Amendment imposes no constraints on government secrecy. If it is true that the government can shield its exercise of police power from …

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Government Religious Speech And The Establishment Clause, Mark Storslee, Michael Helfand

Faculty Publications

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The government says religious things. From monuments and holiday displays to legislative prayers, religion saturates the government’s public voice. But how can that be permissible when the Establishment Clause, at least in theory, indicates the government should be religiously neutral?

So far, the Supreme Court’s attempts to address the puzzle have come up short. Early on, the Court suggested that seemingly all government speech must be secular, or that it refrain from “endorsing” religion. But the Court never consistently enforced those limits, struggling to reconcile them with America’s historical experience. And in recent years, the Court has rejected those approaches …

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Private Prosecution And The State, Anna Arons

Faculty Publications

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The modern family regulation system is paradigmatically public. In the common account, the state plays a monopolistic role. It decides which families to investigate and which to prosecute, which families to surveil and which to separate, and which services and benefits to provision for families entangled in the system. Yet, this public family regulation paradigm obscures the role of private prosecution. Nearly half of states permit private individuals to initiate dependency prosecutions. In these cases, private prosecutors allege that parents have neglected or abused their children and seek state intervention on the fundamental right to family integrity.

This Article surfaces …

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Education Theory Integrated In Business Law, Robin Boyle-Laisure

Faculty Publications

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Education theorists have identified three pedagogical techniques that enhance student learning and retention of knowledge, namely, scaffolding, interleaving, and schema-building. These techniques help students transfer knowledge from short-term to long-term memory, where it is best retained for future use. Scaffolding involves part-task sequencing and whole-task sequencing. By interleaving tasks, professors present steps out of order or new material before the prior material is fully understood. Assisting students in developing schemas can help them store their knowledge in long-term memory. This article explains and explores these techniques as applied in an undergraduate business law course. The appendices provide detailed exercises that …

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The Right To Seek Joy, Tyler Rose Clemons

Faculty Publications

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Within the past three years, roughly half of American states have restricted access to gender-affirming medical treatment for children. In this article, I argue that these bans violate transgender children’s right to liberty guaranteed by the Fourteenth Amendment’s Due Process Clause. I do so by excavating the Framers’ understanding of liberty as the right to seek joy. Rooted in the philosophies of John Locke and Epicurus, the Framers understood liberty as the right to make important life decisions according to one’s subjective preferences without undue interference from the government. Based on this understanding, I develop a new framework for substantive …

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Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

Faculty Publications

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With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

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Treatment Sentences, Evelyn Malavé

Faculty Publications

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One of the most common mandates of a non-incarceratory sentence is to submit to treatment. Across the criminal legal system, from problem-solving courts to probation, millions of defendants sentenced to non-incarceratory sentences—including people not diagnosed with a substance abuse disorder—are required to attend drug treatment programs. After decades of policies that criminalized drug use, non-incarceratory sentences that match people with treatment may appear to be a step forward—or at least not the most pressing problem.

But criminal law scholarship has not fully reckoned with the harms of treatment sentences, including the harms of mandated treatment itself. Analysis of treatment sentences …

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Systemic Racism As Negligence, Taifha Natalee Alexander

Faculty Publications

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(Excerpt)

If negligence doctrine can hold polluters liable for foreseeable toxic harm, should it not also hold schools liable for the racial toxins their policies foreseeably cause? Negligence serves as a critical doctrinal vehicle for redressing harm resulting from failures to exercise care. Embedded in common law traditions, negligence doctrine has evolved significantly through application to new contexts where systemic, rather than individualized, failures produce harm. Some courts have applied negligence doctrine to an expanding range of institutional responsibilities, from medical malpractice to corporate liability. Yet, despite the doctrine’s flexibility, courts have not applied the framework to address one of …

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Linear And Asymmetric Interactions Of Bank And Stock Market Development In The Face Of Global Economic Uncertainty: A Focus On The Nigerian Economy, Augustine C. Arize, Ebere Ume Kalu, John Malindretos, Srinvias Nippani

Faculty Publications

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This study explores the functional interaction between bank development and stock market development in the face of uncertainty variables. The geography of the study is one of the largest economies in Africa—Nigeria—regarding the following variables: credit to the private sector (CPS), broad money (M2) stock market capitalization (MCAP), and industrial production (IP), which are all scaled by the gross domestic product (GDP) and used in natural log form. Additionally, we included the natural logarithm of a measure of monetary policy uncertainty, which represents the uncertainty variable. In terms of methodology, the study uses monthly time series data from 1990:M1-2022M4 (384 …

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At The Intersection Of Property And Disaster Recovery, Jeanne Ortiz-Ortiz

Faculty Publications

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(Excerpt)

When disaster strikes, communities rally to meet urgent, short-term needs—food, shelter, and medical care that keep people alive and safe in the immediate aftermath. For days, we see images of flooded streets, emergency shelters, and calls to support fundraising campaigns in the media cycle. Long-term recovery after a disaster often depends on something less visible: the ability of people, especially those experiencing economic insecurity, to rebuild or return to stable, functional homes.

The outcome of this largely depends on whether families can navigate and access assistance programs like those offered by the Federal Emergency Management Agency (FEMA). Can you …

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Building Shields: Accreditation, Insurance, And Public-Private Partnerships As Tools To Safeguard Critical Race Theory And Democracy In Higher Education, Taifha Natalee Alexander

Faculty Publications

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(Excerpt)

Following the racial justice uprisings of 2020, universities have become increasingly vulnerable to coordinated political campaigns aimed at dismantling antiracist teaching, training, and research. These attacks, ranging from legislative bans on Critical Race Theory (“CRT”) to executive efforts to dismantle the U.S. Department of Education, expose the fragility of higher education’s role as a guardian of democratic pluralism. This Essay demonstrates that universities cannot rely solely on moral suasion or First Amendment litigation to resist these escalating, structural assaults. Instead, colleges and universities must build a multilayered legal strategy that renders the teaching of CRT and the pursuit of …

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Mental And Physical Humanlikeness In Artificial Intelligence Influencers: Effects On Humanness, Eeriness, And Consumer Responses, Terry Kim Ph.D., Hyunjoo Im

Faculty Publications

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Artificial intelligence (AI) influencers, nonhuman characters powered by AI, have garnered a significant following on social media in recent years. Through two between-subjects online experiments (n = 957), this study investigates the impact of AI influencers' appearance realism and self-disclosure on consumer perceptions (humanness and eeriness) and their downstream responses (intention to self-disclose, intention to follow the advice, and brand attitude). Drawing from anthropomorphism and theory of mind, this study emphasizes the distinction of two dimensions of AI influencers' humanlikeness (physical and mental) which differently affect the humanness and eeriness of the AI influencer. Results indicate that the AI …

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A Comprehensive Survey On Facial Expression Generation: From Gans To Llm-Guided Multimodal Models, Murad Hasan, Rabab Abdelfattah, Kareem Abdelfatah, Mostafa Fouda, Ahmed Sherif

Faculty Publications

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Facial expression generation (FEG) has emerged as a vital area in human–computer interaction, virtual avatars, and affective computing, aiming to synthesize natural and expressive facial behaviors across diverse interaction contexts. This survey presents a comprehensive analysis of recent advances in FEG, organized into six key paradigms: speech-driven expression generation, facial reaction generation, face video generation, facial animation, avatar-based generation, and text-driven expression generation. We review a wide range of model architectures, including VQ-VAEs, Generative Adversarial Networks (GANs), 3D Morphable Models (3DMMs), Transformers, and diffusion-based approaches, and compare their performance using commonly adopted evaluation metrics such as Fréchet Distance (FD), Peak …

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Predicting Anomalies, Boone Bowles, Adam V. Reed, Matthew C. Ringgenberg

Faculty Publications

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We show that stock returns exhibit predictable patterns before the publication of anomaly trading signals. Moreover, anomaly trading signals derived from financial data are themselves predictable, making it possible to trade before financial statements are released. A trading strategy based on predicted anomaly signals earns an annualized return of 2.80% in the quarter before the signal is released. In recent periods, this return predictability is concentrated in signals that are harder to forecast, and returns are increasingly earned several quarters before signals are released. Our findings suggest anomalies are more anomalous than previously recognized.

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Mineral-Associated Organic Nitrogen Pool Size, Composition, And Accessibility Mediated By Agricultural Management And Soil Geochemical Characteristics, Gabriella M. Griffen, Andrew H. Whitaker, Emma L. Bergh, Marian Carrell, Erik Knatvold, Aniko Konya, A. Stuart Grandy, Andrea Jilling Ph.D., Marco Keiluweit, Rachel Hestrin

Faculty Publications

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Mineral-associated organic matter (MAOM) contains a substantial portion of soil nitrogen (N). MAOM-N could serve as an important N source for crops, but its availability and response to agricultural management across different soil types remains largely unknown. We characterized MAOM-N isolated from nine paired soils spanning a range of geochemical characteristics and maintained under two land uses—more intensively managed annual cropping systems or less intensively managed grasslands. On average, we found that MAOM contained approximately two-thirds of total soil N. Across all soil types, more intensive agricultural management resulted in a 50% decline in MAOM-N stocks, as well as a …

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De-Skilling Or Re-Skilling? The Case For Smarter Writing Assignments, John Lande

Faculty Publications

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This article challenges the assumption that AI inevitably leads to the de-skilling of law students.  Some faculty understandably fear that students will use AI to bypass critical thinking and avoid meaningful effort.  This article reframes AI as a potential catalyst for improving legal education rather than inherently a threat.

Concerns about de-skilling generally are based on the assumption that faculty will not change traditional writing assignments.  This article analyzes why these assignments often fail to help students develop strong analytical and writing skills. These include limited instruction in basic writing skills, poor design, lack of feedback, and faculty inertia in …

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Against Doctrinal Siloing: Harmonizing Fiscal Federalism And The U.S. Constitution, David Gamage, Darien Shanske

Faculty Publications

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This Essay argues that constitutional law’s treatment of fiscal federalism has fractured into a bewildering collection of doctrinal silos. Federal spending that pressures states, federal preemption of state taxes, the Dormant Commerce Clause, sovereign immunity, Section 5 of the Fourteenth Amendment, and the federal taxing power are all analyzed through distinct tests, even when they implicate the same basic conflict between federal authority and state fiscal autonomy. The result is not just theoretical confusion but inconsistent constitutional answers. Current doctrine can protect states from comparatively modest liabilities while leaving uncertain whether Congress may displace large swaths of state revenue authority. …

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Factors Influencing Senior Practicum Readiness For Nursing Practice: A Descriptive Correlational Study, Beth Nease Phd, Dnp, Rn, Ne-Bc, Cynthia F. Corbett Phd, Rn, Faan, Stephanie Armstrong Phd, Msn, Rn, Kesheng Wang Phd, Ma, Bs, Kathy Casey, Kong Chen

Faculty Publications

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Background:

This study investigated the influence of belongingness, self-efficacy, and clinical learning support on readiness for nursing practice and explored the role of demographic factors and nursing program differences.

Method:

A quantitative, descriptive approach was used to explore undergraduate prelicensure senior nursing students' perceptions across the United States.

Results:

Descriptive statistics, Pearson correlation, and multiple linear regression demonstrated students in traditional Bachelor of Science in Nursing programs reported significantly higher scores across all domains compared with those in associate degree programs (p < .01). Similarly, students in programs with ≤400 clinical hours and those assigned only one preceptor scored significantly higher on all measures (p < .01 and p < .05, respectively). Regression analysis indicated self-efficacy and learning support explained 47.9% of the variance in practice readiness (p < .05).

Conclusion:

These findings share how clinical experiences shape students' readiness for nursing practice. Recommendations …

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Governing The Digital Commons, Madelyn Rose Sanfilippo, Brett Frischmann, Michael J. Madison, Katherine J. Strandburg

Faculty Publications

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The digital commons, as the coproduction of data, digital cultural products, and community, raise a variety of governance issues. From questions of participation, including voice mechanisms, to the legitimacy of decision-making or ownership, to specific action arenas, governance is complex and dynamic, reflecting the characteristics of the networks in which these commons are situated. This mini-track explores governance challenges and solutions across an array of case studies to highlight governance failures and solutions, many of which focus on reconciling the intersections of different action arenas and aligning policies with contextual norms.

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Faculty Fellowships: River Dolphins In Bangladesh., Daniel Gonzalez-Socoloske

Faculty Publications

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No abstract provided.

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Thriving In The Middle: The Role Of Mindfulness, Psychological Capital, And Supervisor Support For Assistant Principals, Susan Kim, Peter Williams, Mei Jiang, Teresa Farler

Faculty Publications

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Purpose: This study investigates the well-being of public-school assistant principals by examining how socio-cognitive mindfulness (SCM), psychological capital (PsyCap), tenure, and perceived supervisor support (PSS) contribute to their experience of thriving, a construct reflecting overall well-being.

Design/Methodology: This cross-sectional quantitative study explored the mediating role of PsyCap, PSS, and tenure in the relationship of SCM and thriving among public school assistant principals in Texas.

Findings: SCM, PsyCap, and PSS were all positively associated with holistic thriving. PsyCap fully mediated the relationship between SCM and thriving, but PSS did not mediate it. This study identified a portable resource-building route (SCM → …

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