Digital Commons Network^™

Crime Labs And Prison Guards: A Comment On Melendez-Diaz And Its Potential Impact On Capital Sentencing Proceedings, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right "to be confronted with the witnesses against him." Four years ago, in Crawford v. Washington, the United States Supreme Court held that this right bars the admission of testimonial hearsay statements against criminal defendants, regardless of whether or not the statements fall within an evidentiary hearsay exception. It was a decision that other courts later described as a "bombshell," a "renaissance," and "a newly shaped lens" through which to view the Confrontation Clause. The case generated an extensive amount of discussion among legal commentators.

Since its …

The Afterlife Of Ford And Panetti: Execution Competence And The Capacity To Assist Counsel, Christopher W. Seeds

Cornell Law Faculty Publications

The capacity to assist counsel and communicate a defense once held a central place in assessing competence for execution. Since Ford v. Wainwright (1986), however, courts have discarded this measure, viewing Justice Powell’s concurring opinion, which required only that a prisoner understand the execution as mortal punishment for a capital crime, as the Eighth Amendment rule. In a significant development, the Supreme Court’s decision in Panetti v. Quarterman (2007) - its first interpreting Ford - sends notice that Justice Powell’s statements on the substantive standard are not Ford's rule, providing a long overdue opportunity to address whether executing prisoners with …

When Should A Mistake Of Fact Excuse?, Stephen P. Garvey

Cornell Law Faculty Publications

This symposium contribution advances two claims. First, a mistake (or ignorance) of fact should matter in the criminal law only insofar as it causes an actor to be ignorant of the law. Mistakes of fact should have exculpatory force if and only if they cause ignorance of the law, which ignorance ought to be an excuse to criminal liability. Second, an actor who should otherwise be excused because he is ignorant of the law, which ignorance is in turn the result of some mistake of fact, should not lose that excuse just because the underlying mistake of fact can in …

Venture Capital Firm's Reputation Effect On Its Start-Up Company's Long Term Operating Performance And Survivorship, Huei Siang Yap

Dissertations and Theses Collection (Open Access)

In this paper, I tested the effects of three proxies for venture capitalist(VC) reputation on its invested company's long term industry-djusted operating performances (ROA , ROE), market-to-book ratio and survival time (time to delisting) in the aftermarket. VC's market share and VC's IPO share have strong and positive association with the post-IPO long-term performance metrics, and the effects are statistically significant even after accounting for self-selection bias. For long term survivorship of start-up companies, I applied hazard analysis to the IPO company's time to delisting with accelerated failure time (AFT) model as the baseline hazard function, and found that start …

Anger-Expression Avoidance In Organizations In China : The Role Of Social Face, Xu Han

Lingnan Theses

Chinese people have been theorized to be particularly sensitive to social face and avoid direct discussion in conflict to promote interpersonal harmony. This study uses the theory of social face to predict Chinese employees’ strategies to avoid expressing anger with their supervisors in the organizations. Inspired by previous research, this study proposes that anger-expression avoidance is a complex behavior with different motivations and actions, leading to diverse outcomes. It identifies four strategies for the employees to avoid expressing anger with their boss; they are named outflanking (turn to the third party to resolve the anger), withdrawal (staying cool, ignoring, giving …

Relationship Conflict In Chinese State-Owned Enterprises : The Role Of Goal Interdependence, Yi Liao

Lingnan Theses

This study empirically examines the dynamics and conditions of relationship conflict between supervisors and employees in Chinese State-Owned Enterprises. It proposes that relationship conflict has significant effects on leadership in Chinese SOEs, specifically, it threatens leader-member relationships, lowers the possibility of open-minded discussion, influences leadership effectiveness and prevents future collaboration. This study uses Deutsch’s (1973) theory of goal interdependence to understand relationship conflict between supervisors and employees. Specifically, it proposes that three types of goal interdependence affect the experience of relationship conflict and its outcomes. Cooperative goals compare to competitive and independent goals can help reduce relationship conflict between supervisors …

Perinatal Risk Factors For Developmental Coordination Disorder, Beth P. Hands, Garth Kendall, Dawne Larkin, Elizabeth Rose, Helen Parker

Health Sciences Papers and Journal Articles

The aetiology of mild motor disability (MMD) is a complex issue and as yet is poorly understood. The aim of this study was to identify the prevalence of perinatal risk factors in a cohort of 10-year-old boys and girls with (n = 362) and without (n = 1193) MMD. Among the males with MMD there was a higher prevalence of postpartum haemorrhage, caesarean section, low birth weight and stressful first year of life. Among the females with MMD, there was a higher prevalence of essential hypertension, anaemia, and threatened pre-term. Multivariable logistic regression revealed gender (male), anaemia, threatened pre-term birth …

Understanding Plant Community Composition In Agricultural Welands: Context Dependent Effects And Plant Interactions, Elizabeth Boughton

Electronic Theses and Dissertations

Community composition results from an integrated combination of random processes, regional habitat spatial structure, local environmental conditions, and species interactions. For example, the outcome of plant interactions can change depending on local environmental conditions such as nutrient availability, land management, or herbivory intensity. In particular, plant interactions may vary between facilitation and competition depending on ecological context, with facilitation expected to be prevalent under stressful conditions. I present the results of four studies that address different aspects of the community assemblage and dynamics emphasizing the synergistic effect of different processes. In the first, I investigated the importance of habitat isolation …

Landcover Change And Population Dynamics Of Florida Scrub-Jays And Florida Grasshopper Sparrows, David Breininger

Electronic Theses and Dissertations

I confronted empirical habitat data (1994-2004) and population data (1988-2005) with ecological theory on habitat dynamics, recruitment, survival, and dispersal to develop predictive relationships between landcover variation and population dynamics. I focus on Florida Scrub-Jays, although one chapter presents a model for the potential influence of habitat restoration on viability of the Florida Grasshopper Sparrow. Both species are unique to Florida landscapes that are dominated by shrubs and grasses and maintained by frequent fires. Both species are declining, even in protected areas, despite their protected status. I mapped habitat for both species using grid polygon cells to quantify population potential …

Zinc-Finger Protein Mcpip In Cell Death And Differentiation, Craig Younce

Electronic Theses and Dissertations

Monocyte chemotactic protein-1 (MCP-1) plays a critical role in the development of cardiovascular diseases. How MCP-1 contributes to the development of heart disease is not understood. We present evidence that MCP-1 causes death in cardiac myoblasts, H9c2 by inducing oxidative stress, ER stress and autophagy via a novel Znfinger protein, MCP-1 induced protein (MCPIP). MCPIP expression caused cell death and knockdown of MCPIP, attenuated MCP-1 induced cell death. Expression of MCPIP resulted in induction of iNOS and production of reactive oxygen (ROS). It caused induction of NADPH oxidase subunit phox47 and its translocation to the cytoplasmic membrane. Oxidative stress led …

Synthesis Of Biocompatible Antioixidant Polymer Coated Cerium Oxide Nanoparticles, Its Oxidase Like Behavior And Cellular Uptake, Atul Asati

Electronic Theses and Dissertations

Cerium oxide nanoparticles have been widely used for various applications such as catalytic converters for automobile exhaust, ultraviolet absorber, and electrolyte in fuel cells. Most recently, cerium oxide nanoparticles (nanoceria) have been employed as potent free-radical scavengers with neuroprotective, radioprotective, and anti-inflammatory properties. These properties of cerium oxide nanoparticles can open new vistas in medicine and biotechnology. The present study utilizes the water-based-wet-chemical method to synthesize biocompatible,stable and highly monodisperse polymer coated cerium oxide nanoparticles. Polymer coated cerium oxide nanoparticles possess all the characteristics of the uncoated cerium oxide nanoparticles. These nanoparticles were found to be effective as pH-dependent antioxidant …

Tissue Engineered Myelination And The Stretch Reflex Arc Sensory Circuit: Defined Medium Formulation, Interface Design And Microfabrication, John Rumsey

Electronic Theses and Dissertations

The overall focus of this research project was to develop an in vitro tissue-engineered system that accurately reproduced the physiology of the sensory elements of the stretch reflex arc as well as engineer the myelination of neurons in the systems. In order to achieve this goal we hypothesized that myelinating culture systems, intrafusal muscle fibers and the sensory circuit of the stretch reflex arc could be bioengineered using serum-free medium formulations, growth substrate interface design and microfabrication technology. The monosynaptic stretch reflex arc is formed by a direct synapse between motoneurons and sensory neurons and is one of the fundamental …

Determinants Of Chloroplast Gene Expression And Applications Of Chloroplast Transformation In Lactuca Sativa And Nicotiana Tabacum, Tracey Ruhlman

Electronic Theses and Dissertations

Genetic modification of plastids in the model plant tobacco (Nicotiana tabacum) has demonstrated that numerous foreign gene products can accumulate to high levels in this setting. Plastid biotechnology is maturing to encompass the improvement of food and feed species and the production of biopharmaceutical proteins for oral delivery necessitating development of stable transplastomic edible plants. In the interest of establishing an edible platform we have investigated the use of native and foreign regulatory elements in relation to foreign gene expression in plastids. Multiple sequence alignments of intergenic regions for 20 species of angiosperm showed that despite 95% identity in the …

The Contributions Of Professional School Counselors' Values And Leadership Practices To Their Programmatic Service Delivery, Margaret Shillingford

Electronic Theses and Dissertations

Professional School Counselors (PSCs) have been called to be leaders for educational reform to support the academic, career, and personal/social development of all students through the coordination and facilitation of their comprehensive, developmental school counseling program (American School Counselor Association , 2005; National Model). The primary purpose of this study was to investigate the contributions of PSCs' values and leadership practices to their programmatic service delivery (counseling, coordinating, consulting, and curriculum). The three constructs and instruments investigated in this study were: (a) Schwartz Value Theory (the Schwartz Value Survey ; Schwartz, 1992), (b) the Leadership Challenge Theory (the Leadership Practices …

Integrating Universal Design For Learning Through Content Video With Preservice Teachers, Sara Aronin

Electronic Theses and Dissertations

Given current legislation to ensure education for students with disabilities and that institutions of higher education are required to use universal design for learning (UDL) principles, the purpose of this study was to explore the impact of video modeling on preservice teachers' knowledge, understanding and application of the three principles of UDL. Preservice teachers were randomly assigned to control or experimental groups to determine if video embedded with UDL principles impacted their thinking. Specifically, pre and posttest information of knowledge and understanding as well as self-perceived ability to teach students with disabilities using UDL was analyzed. In addition preservice teacher …

Videotaped Oral Reading Fluency Lab: An Alternative Approach To One-On-One Interventions For Intermediate Elementary Students With Learning Disabilities, Beth Christner

Electronic Theses and Dissertations

The ability to read aloud fluently is a reflection of one's ability to automatically decode words and comprehend text at the same time (Samuels, 2006), a task which may be difficult for many intermediate elementary students with learning disabilities (LD) (Ferrara, 2005). Previous research shows that audio-assisted repeated readings and goal-setting with feedback are effective methods of improving oral reading fluency (ORF) (Chard, Vaughn, & Tyler, 2002; Morgan & Sideridis, 2006; Therrien, 2004) but implementing these interventions may be time-consuming for teachers and tedious for students. The purpose of this research was to determine the impact of including repeated reading …

Exploring The Relationship Between Marital Expectations And Marital Satisfaction Between Married African Immigrant Couples And U, Evadne Ngazimbi

Electronic Theses and Dissertations

Marriage is still considered a universal institution in many countries worldwide. Marriage provides benefits for wives, husbands, children, families, and communities. Why Marriage Matters (Wilcox et al., 2005), outlined the benefits of marriage, including improved physical and mental health, biological and social benefits for husbands, wives, children and families in America. In sub-Saharan Africa benefits emanating from marriage included increased survival rates for young children (Omariba & Boyle, 2007); reduced maternal morbidity and mortality rates for women due to reduced risks from self-inflicted abortions (Garenne, Tollman, Kahn, Collins, & Ngwenya, 2001); and improved economic management in homes due to exchanging …

Ucanfnsh: A Virtual Learning Environment Created To Engage And Inspire Self-Determination In Middle School Students With Learnin, Kara Rosenblatt

Electronic Theses and Dissertations

This study explored the efficacy of using a virtual college campus to teach self-determination skills to middle school students with learning disabilities. Teaching self-determination skills is considered best practice for students with disabilities as they transition into adulthood. Three measures, a self-determination knowledge measurement scale, a behavior rubric, and 15 multiple choice questions measured self-determination knowledge and skill application ability with 71 middle school students with learning disabilities. The measures were used to determine whether the students who learned about self-determination skills in the virtual college setting during one training session displayed more knowledge and application of these skills than …

The Effects Of A Modified Learning Strategy On The Multiple Step Mathematical Word Problem Solving Ability Of Middle School Students With High-Functioning Autism Or Asperger's Syndrome, Peggy Schaefer Whitby

Electronic Theses and Dissertations

Students with HFA/AS present with a unique set of cognitive deficits that may prevent achievement in the mathematics curriculum, even though they present with average mathematical skills. The purpose of the study was to determine the effectiveness and efficiency of the use of a modified learning strategy to increase the mathematical word problem solving ability of children with high functioning autism or Asperger's syndrome; determine if the use of Solve It! increases the self-perceptions of mathematical ability, attitudes towards mathematics and attitudes towards solving mathematical word problems; and, determine if Solve It! cue cards or a Solve It! multimedia academic …

The Relationship Between Research Self-Efficacy, Perceptions Of The Research Training Environment And Interest In Research In Co, Nicole Vaccaro

Electronic Theses and Dissertations

The purpose of this study was to investigate the relationship between research self-efficacy (as measured by the Research Self-Efficacy Scale [Greeley et al., 1989]), perceptions of the research training environment (as measured by the Research Training Environment Scale --Revised [Gelso et al., 1996]), and interest in research (as measured by the Interest in Research Questionnaire [Bieschke & Bishop, 1994]) within a national sample of doctoral counselor education students (N = 89). Additionally, the study investigated whether there were differences between levels of research self-efficacy, perceptions of the research training environment, and interest in research in relation to the demographic characteristics …

Supervision Experience And Ego Development Of Counseling Interns' Site Supervisors And Supervisees' Level Of Ego Develop, Sara Walter

Electronic Theses and Dissertations

The primary purposes of this study were (a) to investigate the relationship between counseling interns' site supervisors' experience and training in supervision and their own levels of ego development and (b) to investigate the relationship between supervisors' levels of ego development and the ego functioning and occupational stress of their intern-supervisees. The theoretical framework for this investigation included cognitive developmental models of supervision (e.g., Blocher, 1983; Stoltenberg, 1981), ego development (Loevinger, 1976, 1997) and the Person-Environment Fit theory of occupational stress (French, Rogers, & Cobb, 1974). The findings of this study contribute to an understanding of (a) the levels of …

Hedonic Property Value Modeling Of Water Quality, Lake Proximity, And Spatial Dependence In Central Florida, Patrick Walsh

Electronic Theses and Dissertations

Hedonic property value analysis is one of the leading methods of environmental valuation. This non-market technique uses variation in home sales to infer the values of amenities or disamenities. While there have been numerous studies about air quality and hazardous waste, the number of papers focusing on water quality is much smaller. Consequently, there are still many unanswered questions about the proper handling of water quality through hedonic methods. Furthermore, estimates from hedonic property price analyses are rarely used in government cost benefit analyses. This dissertation investigates several important hedonic issues in a large analysis of water quality in central …

Mystery Shopper Motivations And The Presence Of Motivation Crowding, Pamela Allison

Electronic Theses and Dissertations

Mystery shopping is used in a variety of service industries to measure service performance, as a training tool for employees, and to ensure the safety and security of the product offered. The persons performing this activity, mystery shoppers, experience various motivations, some of which are similar to employees and/or volunteers. These motivations can be intrinsic, where the performance of the activity is a reward itself, or extrinsic, meaning performance of the activity is a method for attaining a reward. The dominance of intrinsic or extrinsic motivation can shift within the individual, which is termed motivation crowding. Individuals can crowd in …

Go With The Flow: Examining The Effects Of Engagement Using Flow Theory And It's Relationship To Achievement And Performance, Karen Cooper

Electronic Theses and Dissertations

Virtual Worlds have become an attractive platform for work, play, and learning. Businesses, including the public sector and academia, are increasingly investing their time, money, and attention to understanding the value of virtual worlds as a productivity tool. For example, educators are leading the way with research in Second Life, one of the more popular virtual worlds, as a potentially powerful medium for creating and delivering instruction. Still, little is empirically known about the value of virtual worlds as viable learning platforms. This study examined the instructional potential of Second Life for creating engaging activities, and to investigate the relationship …

Examining Factors Taht Affect Knowledge Sharing And Students' Attitude Toward Their Learning Experience Within Virtual Teams, Jinxia He

Electronic Theses and Dissertations

This study examined factors that might impact student knowledge sharing within virtual teams through online discussion boards. These factors included: trust, mutual influence, conflict, leadership, and cohesion. A path model was developed to determine whether relationships exist among knowledge sharing from asynchronous group discussion and the above five factors. In addition, this study examined if there are any relationships between quality and quantity of knowledge sharing and students' grades. A correlation design was conducted to discover if there are any relationships among these five factors and knowledge sharing within virtual teams. Participants in this study were 148 undergraduate students from …

Extending The Technology Acceptance Model Using Perceived User Resources In Higher Education Web-Based Online Learning Courses, Cheng-Hsin Ku

Electronic Theses and Dissertations

The purpose of this research was to examine students' acceptance of the World Wide Web Course Tools (WebCT) online learning system. The Perceived Resources and Technology Acceptance Model (PRATAM) was created based on previous research to address the factors of perceived resources, perceived usefulness, perceived ease of use, attitude toward using, behavioral intention to use and actual system use. The aim for this research was to investigate the critical determinants and provide the causal relationships regarding students' acceptance behaviors when using WebCT. While institutions are expecting to adopt online learning to reach more students, there are still many challenges for …

A Confirmation Factor Analysis Of Teaching Presence Within The Florida Online Reading Professional Development Program, Melinda Stevison

Electronic Theses and Dissertations

The Community of Inquiry model provides a framework for recognizing and evaluating interpersonal behaviors in online educational settings. One of its three components, teaching presence (TP), describes those behaviors that are under the auspices of the online instructor. By examining these interactions and behaviors through the theoretical lens provided by teaching presence, and by measuring them with the Teaching Presence Scale (TPS), it may be possible to gain greater understanding of the practices employed most effectively by online instructors. This dissertation describes the background, theoretical and empirical foundations, methods, and results of a study on TP. The purpose of the …

An Investigation Of Linguistic, Cognitive, And Affective Factors That Impact English Language Learners' Performance On A State Standardized Reading Achievement Test, Carine Strebel Halpern

Electronic Theses and Dissertations

The explicit teaching of reading comprehension strategies has been proposed as a means to better prepare secondary school-aged students for today's information-dense, fast-paced, fast-changing global society, and to improve the academic performance of struggling adolescent readers. This proposition of a direct and positive impact of reading comprehension strategies on reading achievement for all students has not been investigated with English language learners (ELLs) who, by definition, do not possess the same level of English language skills as their native-English speaking peers. This mixed-method study investigated linguistic, cognitive, as well as affective factors that impact adolescent ELLs' performance on a standardized …

Evaluation Of Juvenile Justice Education Programs: What The Numbers Say About Juvenile Recidivism, Kevin Egan

Electronic Theses and Dissertations

Each year more than 100,000 juveniles are incarcerated in residential rehabilitative facilities. As part of their course of treatment, educational services are mandated for these incarcerated youth. Programs serving these individuals must provide adequate and appropriate educational programs for these juveniles. With a growing public concern over juvenile delinquency and recidivism, programs are being held accountable for the effectiveness and quality of the programming they offer. In Florida, juvenile justice programs offering educational services are monitored annually by the Juvenile Justice Education Enhancement Program. These programs receive a Quality Assurance (QA) rating as determined by a review team that spends …

Self-Efficacy Beliefs Of Florida School Principals Regarding Federal And State Accountability Measures, John Mccullers

Electronic Theses and Dissertations

This study examined how self-efficacy beliefs, a central construct of social cognitive theory, might be used to inform educational leadership and policy decisions related to school accountability measures. A survey of 112 principals in Florida was used to investigate the degree to which principals believed the goals of federal and state school accountability measures (the No Child Left Behind Act of 2001 and the Florida School Grades Plan) were actually attainable, and to what degree they believed their leadership actually helped achieve these goals. A large majority (83.8%) of respondents believed the state goals to be attainable, whereas only a …