Digital Commons Network^™

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

The article explores the potential benefits of integrating proportionality theory, traditionally used in sentencing, into litigation challenging harsh prison conditions under the Eighth Amendment. It argues that this approach could offer new avenues for addressing the limitations of current conditions of confinement jurisprudence by reimagining how courts evaluate the constitutionality of prison conditions.

Assuring Access: One Library's Journey From Print To Electronic Only Subscriptions, Aparna Zambare, Anne Marie Casey, John Fierst, David Ginsburg, Judith O'Dell, Timothy Peters

Publications

The migration of library collections from print to electronic formats has been a priority for many institutions during the last ten years and has played a key role in the transformation of the modern academic library. Not surprisingly, this process has been labor-intensive, costly, and occasionally frustrating to those involved in the transformation. This article recounts the challenges that the Central Michigan University Libraries faced and the measures it established to overcome these challenges as it undertook the process of successfully moving from a print-based to a predominately electronic only subscription collection.

Student Approaches To Learning: An Exploratory Study, Leila Halawi, Richard Mccarthy, Nenna Muoghalu

Publications

In this study, the partial least square approach (PLS) is applied to investigate students’ approaches to learning in the framework of online or hybrid courses. A total of 140 valid responses from students who have finished or are currently enrolled in at least one MIS online or hybrid course were analyzed using a structural equation model and the results are presented herein.

The Successful Expatriate Leader In China, Matthew P. Earnhardt

Publications

With cheap labor, the world's largest work force, and the United States as one of its principal trading partners, China offers boundless opportunities to global corporations. The economic advantages of operating in China are great; however, the foreign business community faces unique challenges there, as qualified Chinese business leaders are virtually non-existent within the country's corporate world.

Regional And Foreign Accent Processing In English: Can Listeners Adapt?, Caroline Floccia, Joseph Butler, Jeremy Goslin, Lucy Ellis

School of Psychology

Recent data suggest that the first presentation of a foreign accent triggers a delay in word identification, followed by a subsequent adaptation. This study examines under what conditions the delay resumes to baseline level. The delay will be experimentally induced by the presentation of sentences spoken to listeners in a foreign or a regional accent as part of a lexical decision task for words placed at the end of sentences. Using a blocked design of accents presentation, Experiment 1 shows that accent changes cause a temporary perturbation in reaction times, followed by a smaller but long-lasting delay. Experiment 2 shows …

Design Strategies For Adaptive Social Composition: Collaborative Sound Environments, Dan Livingstone

School of Engineering, Computing and Mathematics Theses

In order to develop successful collaborative music systems a variety of subtle interactions need to be identified and integrated. Gesture capture, motion tracking, real-time synthesis, environmental parameters and ubiquitous technologies can each be effectively used for developing innovative approaches to instrument design, sound installations, interactive music and generative systems. Current solutions tend to prioritise one or more of these approaches, refining a particular interface technology, software design or compositional approach developed for a specific composition, performer or installation environment. Within this diverse field a group of novel controllers, described as ‘Tangible Interfaces’ have been developed. These are intended for use …

Causal Induction From Continuous Event Streams: Evidence For Delay-Induced Attribution Shifts, M Buehner, J May

School of Psychology

Contemporary theories of Human Causal Induction assume that causal knowledge is inferred from observable contingencies. While this assumption is well supported by empirical results, it fails to consider an important problem-solving aspect of causal induction in real time: In the absence of well structured learning trials, it is not clear whether the effect of interest occurred because of the cause under investigation, or on its own accord. Attributing the effect to either the cause of interest or alternative background causes is an important precursor to induction. We present a new paradigm based on the presentation of continuous event streams, and …

Anticipating Intentional Actions: The Effect Of Eye Gaze Direction On The Judgment Of Head Rotation, Matthew Hudson, Chang Hong Liu, Tjeerd Jellema

School of Psychology

No abstract provided.

Conditions For The Implementation Of Anti‐Bullying Programmes In Norway And Ireland: A Comparison Of Contexts And Strategies, U. V. Midthassel, S. J. Minton, A. M. O'Moore

School of Psychology

No abstract provided.

The Prospects For The Peaceful Co-Existence Of Constitutional And International Law, Julian G. Ku

Hofstra Law Faculty Scholarship

In this Response, Professor Ku explains “how one can accept Paulsen’s constitutional arguments while continuing to believe that international law is more than an illusion for the United States. I will begin by situating Paulsen’s argument within the broader intellectual debate over the relationship between international law and the U.S. Constitution. I will then argue that although his constitutional arguments are sound, they do not necessarily lead to the conclusion that international law has no legal force. To the contrary, I will argue that where the political branches clearly (and pursuant to their constitutional powers and following the proper constitutional …

Stopping For Death: Re-Framing Our Perspective On The End Of Life, Ruth C. Stern, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

How we die is increasingly becoming a matter of law and public policy. We grapple with issues of patient autonomy, the proper parameters of doctor-patient discussions on the end of life, the right to hasten death, and the right to control our own medical treatment. But it is physicians and patients, not judges and legislators, who are the principal actors in events at the end of life. Palliative medicine is just beginning to probe the multi-dimensional totality of suffering in dying and seriously ill patients. What we learn will influence our options at the end of life and tell us …

Exposing The Myth Of Homo Economicus, Ronald J. Colombo

Hofstra Law Faculty Scholarship

The prevalence of the "homo economicus" model of humanity has crowded out considerations of important non-economic aspects of human nature - most importantly, the moral dimension of human thought and conduct. As a result, our understanding of the present ills besetting the business world and the market economy is incomplete, and the policy prescriptions flowing therefrom are often suboptimal (if not counterproductive).

This book review situates Moral Markets within this larger debate over human nature generally. I show how, through the presentation of biological evidence and evolutionary theory, Moral Markets repudiates the "homo economicus" model of humankind, and supports the …

140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox

Con Law Center Articles and Publications

This project delves more deeply into the possible meanings of constitutional citizenship.. Somewhat in the tradition of the popular constitutionalism scholars, it proposes that the best source for meanings of constitutional citizenship will come not from traditionally originalist sources but from those who attempted to redefine citizenship in a more egalitarian and democratic manner and who established, both in word and in practice, meanings for citizenship on the ground. This argument borrows a theoretical framework from political and social theory: the theories of civil society and the public sphere. This captures—in ways often missed by both legal scholars and historians—the …

Voluntary Disclosure Along The Business, Jeremy Bertomeu, Pierre Jinghong Liang

Olin Business School Faculty Research

This paper presents a theory that relates industry business fluctuations, or cycles, to firms’ vol- untary disclosure and industry concentration. In the model , a firm may be informed about market size in advance of its competitors and decide whether or not t o publicly disclose that information. We examine the cyclical behavior of disclosures, and their a ssociation with price-setting behavior and industry profits. We show that, in industries that are hig hly concentrated and/or feature lower cost of capital, no-disclosure is prevalent and associated with acyclical product prices and higher profits. Otherwise, disclosure occurs in normal times, whil …

Flying Above The Law And Under The Radar: Instilling A Taxpaying Ethos In Those Playing By Their Own Rules, Richard L. Lavoie

Akron Law Faculty Publications

No abstract provided.

Legacy Of Slaughterhouse. Bradwell, And Cruikshank In Constitutional Interpretation, Wilson Huhn

Akron Law Faculty Publications

The Slaughterhouse Cases, Bradwell v. Illinois, and Cruikshank v. United States, which were all decided between 1873 and 1876, were the first cases in which the Supreme Court interpreted the 14th Amendment. The reasoning and holdings of the Supreme Court in those cases have affected constitutional interpretation in ways which are both profound and unfortunate. The conclusions that the Court drew about the meaning of the 14th Amendment shortly after its adoption were contrary to the intent of the framers of that Amendment and a betrayal of the sacrifices which had been made by the people of that period. In …

The Union As It Wasn't And The Constitution As It Isn't: Section Five And Altering The Balance Of Power, Elizabeth Reilly

Akron Law Faculty Publications

The original prototype of Section One of the Fourteenth Amendment, as introduced by its primary Framer, John Bingham of Ohio, read: The Congress shall have the power to make all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property.

Bingham went on to note expressly that “save the words conferring the express grant of power to the Congress,” the principles of the rights were already in …

Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn

Akron Law Faculty Publications

In my opinion most of the legal and social problems that arise under the Constitution stem from the belief, held by some people, that they are better than other people. They do not hate anyone. They simply believe that they are superior and that the law ought to treat them better than the other group. This is true of whites who think they are superior to blacks, men who think they are superior to women, and heterosexuals who think they are superior to homosexuals.

People have often justified these types of beliefs by appeal to religion and have attempted to …

Fact Sheet, Yale University Office Of Institutional Research

Fact Sheets

No abstract provided.

Part 7: The Tunnels That Connect Hampton Roads: Wonderful Assets Or Potential Achilles' Heels?, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Wonderful Assets or Potential Achilles’ Heels? The prosperity of our region depends upon five major bridge/tunnel installations, all of which potentially can be closed either by accidents or terrorism. As we recently have discovered, they are vulnerable to a variety of possible threats.

Part 8: The Chrysler Museum In 2009, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

The Chrysler Museum of Art is one of the foremost cultural jewels of our region, but now faces challenges that stem both from significant economic constraints and internal reorganizations.

Part 1: The Regional Economy Contracts, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Defense spending continues to cushion our economic downturn, but two other major drivers, the port and tourism, have contracted. We also report stress tests for our major regional banks.

Part 4: Gasoline Prices, Carbon Emissions And Other Unpleasant Subjects, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Carbon emissions are on nearly everyone’s mind. We trace our regional carbon emissions and explore the ways (including higher prices) that we might deal with them.

Part 2: The Hotel Industry In Hampton Roads, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Stagnant or declining patronage and excess capacity have made this a very challenging time for an industry that is vital to our future.

Part 6: Traffic Congestion In Hampton Roads: Identifying And Measuring Our Bottlenecks, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

A well-known national analysis of traffic congestion identifies the 15 worst choke points in Hampton Roads. Most of them are connected to our tunnels.

Front Matter: The State Of The Region: Hampton Roads 2009, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Cover, front matter, table of contents, and other materials for the 2009 The State of the Region report authored by the Regional Studies Institute at Old Dominion University

Part 3: The "Silver Tsunami": Residential Life And Care For Seniors In Hampton Roads, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

In recognition of our aging population, we present extensive data and ratings concerning 57 nursing home facilities, 104 assisted living facilities and eight continuing care facilities in Hampton Roads.

0770: Carrie Eldridge Collection, Marshall University Special Collections

Guides to Manuscript Collections

Carrie Eldridge is a genealogical researcher in Chesapeake, Ohio. This collection contains photocopies of many county record books of the Appalachian areas of West Virginia, Virginia, Ohio, and Kentucky, ranging from the American Revolution until the end of the Civil War. The collection also contains high quality photographs of one room school houses of Cabell County, West Virginia, an audio cassette oral history, books, and pen nibs.

To view materials from this collection that are digitized and available online, search the Carrie Eldridge Collection here.

Motivation To Lead : Investigating The Power Of The Mtl Equation, Elizabeth Robinson

Honors Theses

Recent research has investigated a measurable way to determine an individual's motivation to lead in social situations by looking at specific aspects of an individual that make up his/her leadership ability and experience. The MTL (Motivation to Lead) construct is referred to as an individual differences construct that measures a person's motivation to acquire a leadership position based on specific personality traits and values (Chan & Drasgow, 2002). Chan and Drasgow's findings suggest that specific antecedents have calculable correlations to the three types of motivation to lead: Affective/Identity MTL, Non-Calculative MTL, and Social-Normative MTL. For example, Chan and Drasgow reported …

Molecular Modeling Of Para-Benzyne And A Series Of Push-Pull [14]-Pyridoannulenes, Evan B. Wang

Honors Theses

Molecular modeling is vital for gaining insight into experimental results and discovering molecular properties not yet characterized by experiment. Depending on the type of molecule under investigation, certain methods will yield more accurate and revealing answers. In the first project, a state-averaged, multireference complete active space (CAS) approach was used for the determination of the vertical excitation energies of valence and Rydberg states of para-benzyne. Orbitals were generated with a 10- and 32-state averaged multiconfigurational self consistent field (MCSCF) approach. Electron correlation was included using multireference configuration interaction with singles and doubles (MR-CISD), including Pople correction for size extensivity (MR-CISD+Q), …