Digital Commons Network^™

The Architecture Of Inclusion: Interdisciplinary Insights On Pursuing Institutional Citizenship, Susan Sturm

Faculty Scholarship

Structural inequality has captured the attention of academics, policymakers, and activists. This structural reorientation is occurring at a time of judicial retrenchment and political backlash against affirmative action. These developments have placed in sharp relief the mismatch between structural diagnoses and the dominant legal frameworks for addressing inequality. Scholars, policymakers, and activists are faced with the pressing question of what to do now. They share a need for new frameworks and strategies, growing out of a better understanding of institutional and cultural change.

I am honored that the Harvard Journal of Law & Gender has used the publication of The …

Significance Of The General Public For Public Relations: A Study Of The Blogosphere's Impact On The October 2006 Edelman/Wal-Mart Crisis, Sergei Golitsinski

Dissertations and Theses @ UNI

The focus of this study is the general public and its significance in a public relations context. The study questions one of the fundamental principles of public relations, according to which organizations communicate only with those publics which have the potential to cause them negative consequences. The general public, according to -this principle, is considered insignificant and even nonexistent. This study's hypothesis is that new communication technologies have given the general public the power to cause direct negative consequences for organizations. To evaluate this hypothesis, the study examines the October 2006 Edelman/Wal-Mart crisis caused by the "Wal-Marting Across America" blog. …

How The Clinical Settings Of Radiography Programs Affect Learning Perceptions, Peggy Fortsch

Dissertations and Theses @ UNI

A main purpose of clinical education is to prepare practitioners who can deliver excellent skills and care vital to the health and safety of persons in their care and to society. Clinical education is an essential component for students pursuing careers as health care providers. The purpose of this study was to examine the place of clinical experiences in radiography programs and to describe how students and clinical instructors in three different radiography program models (bridging, external, and internal) perceived the learning experiences in clinical settings.

From the perspectives of students and clinical instructors the following questions were addressed:

(1) …

School Psychology Shortage And Urban/Rural Differences, Melissa Marie Hickman

Dissertations and Theses @ UNI

There is a documented shortage of school psychologists. Various factors contribute to this shortage including: (a) attrition, (b) the public's lack of knowledge about the profession, and ( c) stressors on the job. A continued shortage could have negative implications for the profession as well as students and schools by lowering standards for credentialing school psychologists. This paper will review literature on several factors that may influence the shortage. Historical trends and demographics of school psychologists will also be addressed. In particular, research and speculations concerning differences between the practice of rural and urban school psychologists will be discussed.

The Views Of Students With Disabilities Regarding Dropout And School Belonging, Rebecca L. Brandau

Dissertations and Theses @ UNI

A large number of students drop out of high school each year. Most of the existing research does not focus specifically on students with disabilities. This study uses survey research to examine the perceptions of 40 students with mild disabilities regarding high school drop out and school belonging. Results indicate that participants believe it is important to graduate from high school, and they believe parents and teachers want them to graduate. The students indicated that their friends think about dropping out of school more than the students themselves do. Participants consistently indicated that they feel they can talk to an …

Considerations For Delivery Of Online Professional Development Courses For Childcare Professionals, Heather Marie Bauer Olsen

Dissertations and Theses @ UNI

In an age of increasing accountability, childcare professionals are held responsible for providing young children quality early care and education. The unfortunate reality is that it is challenging for childcare professionals to pursue training because of the cost of training, family responsibilities, and scheduling conflicts. The Internet has the capability to knock down those barriers in the childcare profession, and has expanded the availability of information and has created avenues for teaching and learning.

The purpose of this study was to gain an understanding of the factors that will give online professional development instructors a better insight into the characteristics …

Artificial Immune System Based Algorithms For Optimization And Self-Tuning Control In Power Systems, Mani Hunjan

Masters Theses

"Artificial immune systems (AIS) are new computational intelligence methods inspired by various mechanisms of the biological immune system. AIS are adaptive systems inspired by theoretical immunology and its functions, principles and models. The work depicted in this thesis centers on the applications of AIS based algorithms for optimization and self-tuning control in power systems. The optimization is carried out using an algorithm based on the clonal selection principle and the self-tuning characteristics of control for parameters are inspired by the humoral immune response of the human body. The work in this thesis is written in two papers as follows: Paper …

Making Judicial Recusal More Rigorous, James J. Sample, David Pozen

Faculty Scholarship

The right to an impartial arbiter is the bedrock of due process. Yet litigants in most state courts face judges subject to election and reelection – and therefore to majoritarian political pressures that would appear to undermine the judges' impartiality. This tension has existed for as long as judges have been elected (and, to some extent, for as long as they have been appointed, in which case campaigns often take a less public but equally politicized form).

In recent years, however, this tension has become more acute. Today, state courts around the country increasingly resemble – and are increasingly perceived …

The Best Defense: Why Elected Courts Should Lead Recusal Reform, Deborah Goldberg, James J. Sample, David Pozen

Faculty Scholarship

In recent years, we have seen an escalation of attacks on the independence of the judiciary. Government officials and citizens who have been upset by the substance of judicial decisions are increasingly seeking to rein in the courts by limiting their jurisdiction over controversial matters, soliciting pre-election commitments from judicial candidates, and drafting ballot initiatives with sanctions for judges who make unpopular rulings. Many of these efforts betray ignorance at best, or defiance at worst, of traditional principles of separation of powers and constitutional protections against tyranny of the majority.

The attacks are fueled in part by the growing influence …

Overseer, Or "The Decider"? The President In Administrative Law, Peter L. Strauss

Faculty Scholarship

All will agree that the Constitution creates a unitary chief executive officer, the President, at the head of the government Congress defines to do the work its statutes detail. Disagreement arises over what his function entails. Once Congress has defined some element of government and specified its responsibilities, we know that the constitutional roles of both Congress and the courts are those of oversight of the agency and its assigned work, not the actual performance of that work. But is it the same for the President? When Congress confers authority on the Environmental Protection Agency to regulate various forms of …

The Art Of Collaboration In The Classroom: Team Teaching Performance, Jenna M. Neilsen

Theses and Dissertations

The Art of Collaboration in the Classroom: Team Teaching Performance is a co-written master's thesis which records our research in the field of team teaching as it relates to theatre education at the university level. It is our intent that this text be used as a tool for helping universities and teachers decide if a collaborative teaching model is right for their courses. A portion of the text is research-based, examining the scholarly writings which have preceded our work. In Chapter 1, we compiled a set of definitions, in the hopes of codifying the language used within this document as …

Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain

Duke Journal of Gender Law & Policy

In the context of unionized workforces covered by collective bargaining agreements, companies have-at most-been required to demonstrate a reasonable relationship between the grooming code and the business's effort to project a corporate image that it believes will result in a larger market share.5 In a small number of cases, sexualized branding that exposes workers to sexual harassment or is predicated upon sexual stereotypes not essential to performance of the job has been curtailed by the antidiscrimination mandate of Title VII.6 However, challenges under Title VII have been effective only where corporate branding is at odds with community norms; where the …

An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg

Duke Journal of Gender Law & Policy

In chapter 3 I build on this conclusion and argue that political solidarity based on a common relationship to oppression and domination is the appropriate focus of (racial) identity politics and legal rights assertion; by contrast cultural claims are more contestable on both descriptive and normative terms and should be left to more fluid domains of conflict resolution such as social dialogue, the democratic process and the market economy . . . . With respect to the "foreseeable effects" model, the 1995 test for the first prong, the existence of a foreseeable impact, clearly encompasses more than cultural difference.94 In …

The Law And Economics Of Identity, Rafael Gely

Duke Journal of Gender Law & Policy

"24 Social norms, for example, have long had an important impact on gender roles in employment specifically with respect to work/family concerns.25 Moreover, one of the central conclusions of the famous Hawthorne experiments of the 1930s26 was that employee work effort is significantly influenced by the norms of the employee's workgroup with respect to what constitutes an appropriate work level or output.27 Applying this analysis, employees are deemed not "irrational" when they don't increase output in response to increased employer incentive pay; they are simply responding to workplace social norms-i.e., they don't want to be ostracized by fellow employees as …

Foreword: Making Makeup Matter, Devon Carbado, Catherine Fisk, Mitu Gulati

Duke Journal of Gender Law & Policy

More than a decade ago, Katharine Bartlett, currently Dean of Duke Law School, authored a foundational article on discrimination based on appearance choices.1 The article made a big splash, provocatively raising the question of whether discrimination claims based on dress and appearance standards are cognizable under Title VII, the federal law that prohibits discrimination on the basis of, among other aspects of identity, race and sex. [...] to a large extent, their reasoning centered on two ideas: (1) that employers have broad latitude to define the professional boundaries of their workplaces and that grooming standards are a reasonable way for …

Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan

Duke Journal of Gender Law & Policy

No abstract provided.

Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts

Duke Journal of Gender Law & Policy

While courts have rarely ruled in favor of plaintiffs bringing discrimination claims based on identity performance, legal scholars have argued that discrimination on the basis of certain cultural displays should be prohibited because it creates a work environment that is "heavily charged" with ethnic and racial discrimination. Drawing upon empirical studies of diversity management, stereotyping, and group dynamics, we describe how workplace cultural profiling often creates an unproductive atmosphere of heightened scrutiny and identity performance constraints that lead workers (especially those from marginalized groups) to behave in less authentic, less innovative ways in diverse organizational settings.

Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant

Law and Contemporary Problems

Justice may not require that animals be exactly the same as humans or that they have rights exactly coterminous with the rights of humans, but justice would require that animals receive protection in ways that match up with those similarities they share with humans that are characteristics considered essential to the understanding of what it means to be human. Stated generally, the argument is that if animals are similar to humans as to capacities and characteristics of humans that define humans, then animals should receive protections equivalent to the protections of humans because a just society treats like entities alike.

Book Review Of, Foundations Of Evidence Based Social Work Practice, Daniel Coleman

School of Social Work Faculty Publications and Presentations

Reviews the book "Foundations of Evidence Based Social Work Practice", by Albert R. Roberts and Kenneth R. Yeager

The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman

Duke Journal of Gender Law & Policy

However, there may ultimately be no logical way to reconcile decisions that prohibit employers from requiring women to wear revealing outfits and others that permit employers to require them to wear makeup,20 or decisions that prohibit penalizing a woman for being insufficiently feminine and others that permit penalizing a man for being insufficiently masculine.21 In addition, the increasing judicial acceptance of the sex stereotyping theory of sex discrimination under Title VII is in substantial tension with recent cases that insist that sex-differentiated dress and grooming requirements that "merely"22 conform to existing social gender norms do not amount to impermissible sex …

Compensated Fatalities Following A Work Injury: Comparison Of Québec, Ontario And British Columbia, 1997-2003, Patrice Duguay, Paul Massicotte

Portraits statistiques

At the time of this study, no study existed comparing the risks of work-related fatalities in Québec and in any of the Canadian provinces or territories. Since then, a study was published in December 2006 but it does not present comparable risk indicators for the provinces. The rarity of these studies is not due to a lack of interest, but rather to the methodological difficulties in producing comparable provincial indicators. A request from the CSST’s prevention-inspection division led to this comparative study of the provinces. Its goal was to compare the overall situation of work-related fatalities in three Canadian provinces, …

Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin

University of Florida Journal of Law & Public Policy

No abstract provided.

A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello

University of Florida Journal of Law & Public Policy

No abstract provided.

Community-Based And Collaborative Management Of Coral Reefs And Coastal Resources In Palau, Elizabeth Matthews

Open Access Dissertations

This study examines community-based and collaborative management of coral reefs in Palau through three manuscripts, each examining particular coastal resource management activities at a different scale of partnership and interaction: local protected area management at the state level, ecosystem management at the inter-state level, and migratory species (marine turtles) management at the state/national government level. In each instance, the social context of resource management was described using factors drawn from Richard Pollnac's Rapid Assessment of Management Parameters (RAMP) for coral reefs, among others. Ethnographic methods, especially key informant interviews and targeted questionnaires, were used in this study. A comparative analysis …

Judith Weir's King Harald's Saga: Innovations Of Character And Virtuosity In Contemporary Opera, Kelly Fiona Lynch

LSU Major Papers

In 1979, Scottish-born composer Judith Weir wrote King Harald’s Saga for the soprano Jane Manning. Although an opera in three acts, the cast consists of one performer unaccompanied, interpreting various characters, including the protagonist, King Harald, two of his wives, and the entire Norwegian Army. The opera presented in its entirety is ten minutes in duration. The scope of this paper is intended to assist the performer as well as those who are interested in contemporary opera. I have provided a brief overview of Weir’s compositional style in opera, chamber opera and song. As King Harald’s Saga was Weir’s first …

A Performer's Guide To Ross Lee Finney's Song Cycle Chamber Music, Joseph Charles Perniciaro

LSU Major Papers

Ross Lee Finney (1906-1997), significant American composer and pedagogue, published five works for solo voice and piano within his catalogue of genres and styles. Though composed in 1951, Finney’s setting of Chamber Music, to James Joyce’s texts by the same title, remained unpublished until 1985. This song cycle, Finney’s last published solo vocal work, will be the focus of this document and subsequent lecture recital. The purpose of this study will be to examine seventeen of the thirty-six songs from the cycle and provide performance suggestions. The written document is comprised of five chapters: Chapter One provides biographical information and …

An Assessment Of Teacher Self-Efficacy And Job Satisfaction Of Early Career Kentucky Agriculture Teachers, John Joseph Blackburn

University of Kentucky Master's Theses

The United States is currently facing a shortage of qualified teachers; specifically, agricultural education has recorded shortages for several years. Many agriculture teachers will leave the profession well before retirement. Those teachers who leave the profession are often dissatisfied with their chosen career and exhibit low levels of teacher self-efficacy and job satisfaction. The purpose of this census study was to describe the current level of teacher self-efficacy and job satisfaction among all early career Kentucky agriculture teachers (N = 80). The study also sought to determine if a relationship existed between teacher self-efficacy and job satisfaction among early career …

Pet Ownership To Weight Status: A Path Analysis, Elizabeth Kingsley Casey

University of Kentucky Master's Theses

Research suggests that a multidimensional approach to obesity that addresses physiological, psychological, social, and environmental factors is optimal. Stress and self-esteem, as well as eating and exercise behaviors have been named as important factors in obesity. Curiously, although pets have been shown to reduce stress and are associated with higher self-esteem and cardiovascular health, the relationship between pet ownership and weight status has not been explored. A path analysis of the direct and indirect effects of pet ownership on stress, self-esteem, physical activity, eating behavior, and Body Mass Index failed to reveal a clear path linking pet ownership to weight …

The Evolution Of A "Southern 'Liberal'": Marjorie Kinnan Rawlings And Race, Carolyn Anita Tarr

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.

Fighting The "Wool-Hat Boys": Ecofeminism In The Short Stories Of Marjory Stoneman Douglas, Horacio Sierra

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.