Digital Commons Network^™

Do Pull-Out Programs Create A Mirage Of Long-Term Results For At-Risk Youth?, Varotta Mi'chele Johnson

Dissertations and Theses @ UNI

Educators and researchers cannot afford to ignore the achievement gap between at-risk students and their counterparts. The review examines educational practices for this targeted population. Historically, educational experts have supported the belief that teaching in isolated settings is one of the most effective practices for improving student achievement. Smaller class sizes are proposed as reform methods to substantially impact student performance (Odden, 1990). However, class size reduction must be coupled with research-based instructional strategies proven to further academic development. Traditionally, at-risk students receive instruction through pull-out interventions. A pull-out program in this study shall be defined as the removal of …

Service Learning : A Vehicle To Reflective Thinking, Janelle Lynn Hawk

Dissertations and Theses @ UNI

Education reform is a topic that has been around for a long time. With the passage of No Child Left Behind in 2002, states set out to set high standards for students. While setting high standards is a worthwhile goal, the method to reach those high standards has not been mandated. This research study sought to determine if exposing students to a service-learning project would increase reflective thinking, communication, and social interaction skills.

The questions that guided this study were:

1. Does engagement in a service-learning project impact the individual's development of reflective thinking? If so, what is that impact? …

Is There Monopsony In The Labor Market? Evidence From A Natural Experiment, Douglas O. Staiger, Joanne Spetz, Ciaran S. Phibbs

Dartmouth Scholarship

Recent theoretical and empirical advances have renewed interest in monopsonistic models of the labor market. However, there is little direct empirical support for these models. We use an exogenous change in wages at Department of Veterans Affairs (VA) hospitals as a natural experiment to investigate the extent of monopsony in the nurse labor market. We estimate that labor supply to individual hospitals is quite inelastic, with short-run elasticity around 0.1. We also find that non-VA hospitals responded to the VA wage change by changing their own wages.

Deriving An X-Ray Luminosity Function Of Dwarf Novae Based On Parallax Measurements, K. Byckling, K. Mukai, J. R. Thorstensen, J. P. Osborne

Dartmouth Scholarship

We have derived an X-ray luminosity function using parallax-based distance measurements of a set of 12 dwarf novae, consisting of Suzaku, XMM-Newton and ASCA observations. The shape of the X-ray luminosity function obtained is the most accurate to date, and the luminosities of our sample are concentrated between ~10^{30}-10^{31} erg s^{-1}, lower than previous measurements of X-ray luminosity functions of dwarf novae. Based on the integrated X-ray luminosity function, the sample becomes more incomplete below ~3 x 10^{30} erg s^{-1} than it is above this luminosity limit, and the sample is dominated by X-ray bright dwarf novae. The total integrated …

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

Faculty Scholarship

No abstract provided.

"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations, Aaron N. Taylor

All Faculty Scholarship

This article argues for stricter regulation of proprietary (for-profit) school advertising and recruitment practices and proffers specific proposals for effectuating this regulation. Proprietary schools play an important role in broadening access to higher education. They enroll a large number of students who are underserved by traditional, non-profit institutions. These students tend to be poorer, less educated, and older than students at traditional schools, and they tend to undertake higher education for very practical reasons. These characteristics make them particularly susceptible to deceptive marketing and unfounded promises of higher education providers. Unfortunately, some proprietary schools exploit the susceptibilities of their target …

Litigation, Integration, And Transformation: Using Medcaid To Address Racial Inequities In Health Care, Ruqaiijah A. Yearby

All Faculty Scholarship

Instances of racial discrimination in health care continue despite the enactment of civil rights laws, such as Title VI of the Civil Rights Act of 1964 *329 (Title VI). Title VI prohibited racial discrimination by health care entities receiving government funding such as Medicaid payments. The federal government focused its initial efforts on hospitals. Because hospitals relied on federal funding, the federal government was able to force hospitals to integrate without much resistance from the hospital industry. However, since this accomplishment the government has relied too heavily on assurances of compliance from other health care entities, such as nursing homes, …

Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant M. Hayden, Matthew T. Bodie

All Faculty Scholarship

Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should have more voice in corporate governance, in order to reduce agency costs and provide democratic legitimacy. A second set of theorists, described as “board primacists,” advocates against greater shareholder democracy and in favor of increased board discretion. These theorists argue that shareholders need to delegate their authority in order to provide the board with the proper authority to manage the enterprise and avoid short-term decision making.

In the last few years, the classical economic underpinnings of corporate law have been destabilized by a …

Behavioral Decision Theory And Implications For The Supreme Court’S Campaign Finance Jurisprudence, Molly J. Walker Wilson

All Faculty Scholarship

America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as “speech” and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …

Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson

All Faculty Scholarship

In January 2010, the Supreme Court in Citizens United v. Federal Election Commission overturned Austin v. Michigan Chamber of Commerce and the portion of McConnell v. Federal Election Commission that restricted independent corporate expenditures, as codified in section 203 of the Bipartisan Campaign Reform Act. Specifically, Citizens United invalidated laws forbidding corporations and unions from using general treasury funds for “electioneering communication,” political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election. The effect of Citizens United was to protect the right of corporations, no less than individual American citizens, to fund …

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

All Faculty Scholarship

Using a public health policy perspective, this article examines the persistence of racial inequities in nursing homes and prescribes a solution to address these inequities. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to …

Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff

All Faculty Scholarship

In this article, Missouri Supreme Court Judge Michael A. Wolff, who also is distinguished visiting professor at St. Louis University School of Law, outlines the judicial and legislative victories and failures of civil rights advocates over the last forty years at both the federal and state level. He details the reform efforts through personal anecdotes of many of his own cases that he pursued as a legal services lawyer and has seen as a judge. Judge Wolff’s stories focus on the rights that legal services programs fought for and obtained and the battles that continue to be lost. In particular, …

What Is Changing? 'The Future Is Not What It Used To Be', Michael A. Wolff

All Faculty Scholarship

The editors of the Federal Sentencing Reporter asked a number of experts on sentencing in 2008 to write short pieces on what they expected after a "change" election. In 2010 the editors asked: what changed? Judge Wolff’s response, which concentrates on the states, is that the states’ dire financial conditions and the effect of the California marijuana legalization proposition, which gathered serious support but failed, have affected the public’s perceptions of sentencing policy. The public and their representatives are trying more to be smart on crime rather than tough on crime, and the public is becoming increasingly skeptical of the …

Reply: Clawback To The Future, Miriam A. Cherry, Jarrod Wong

All Faculty Scholarship

In an earlier article also available on Scholarship Commons, Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Minnesota Law Review, Vol. 94, p. 368, 2009, Professors Miriam Cherry and Jarrod Wong set out an initial description and analysis of contractual clawback provisions. In this Reply, Profs. Cherry and Wong address three aspects of Michael Macchiarola's Response: its application of the clawback doctrine to the recoupment of executive compensation; the criticism that the clawbacks doctrine introduces latent subjectivity into contractual analysis; and the apparent operational difficulties in implementing clawbacks.

Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. Mccormick

All Faculty Scholarship

The United States has a long and somewhat conflicted history of espousing egalitarian values and yet tolerating a certain level of subordination of particular groups to a greater or lesser extent at the same time. Like many countries, it struggles with reconciling the goals of equality, pluralism, and liberty, and the balance has been struck differently at different times. In the current wave of such efforts, the Supreme Court is marking an increasingly formalist approach to the question of discrimination, while Congress appears to be pushing a slightly more substantive approach to discrimination. This short paper analyzes the Court’s recent …

Bentham On Stilts: The Bare Relevance Of Subjectivity To Retributive Justice, Dan Markel, Chad Flanders, David C. Gray

All Faculty Scholarship

In recent work, various scholars have challenged retributive justice theorists to pay more attention to the subjective experience of punishment, specifically how punishment affects the experiences and well-being of offenders. The claim developed by these “subjectivists” is that because people’s experiences with pain and suffering differ, both diachronically and inter-subjectively, their punishments will have to be tailored to individual circumstances as well.

Our response is that this set of claims, once scrutinized, is either true, but of limited significance, or nontrivial, but unsound. We don’t doubt the possibility that different people will react differently to the same infliction of punishment. …

The One State Solution To Teaching Criminal Law, Or Leaving The Common Law And The Mpc Behind, Chad Flanders

All Faculty Scholarship

How should criminal law be taught to first-year law students? Professors preparing their classes for the first time, and even veterans of many semesters of criminal law, find themselves facing a dilemma. On the one hand, the common law is no longer good - law in nearly every state; it has been superseded by statute. Even states that leave a large role for the common law usually have a combination of common law and statutory law or strongly limit the scope of the common law. On the other hand, there is no uniform code that actually exists as law in …

A Prisoner's Constitutional Right To Medical Information: Doctrinally Flawed And A Threat To State Informed Consent Law, Robert Gatter

All Faculty Scholarship

White v. Napoleon and its progeny recognize a substantive due process right to receive the disclosure of medical treatment information. While each case involves a prisoner receiving treatment while in custody, the constitutional right described in those cases is not limited to prisoners. Instead, the right is described as belonging to all individuals. Consequently, this line of cases is poised to interfere with the disclosure standards that operate in state informed consent law in the many instances where state action exists. This Article argues that the substantive due process right recognized in White should be overturned. The right is based …

Situating Inherent Power Within A Rules Regime, Samuel P. Jordan

All Faculty Scholarship

My goal in this short Essay is to describe the way that inherent power is understood and applied within our procedural framework, and to suggest the need for a more robust account of the contemporary relationship between inherent power and formal procedural rules. Part I describes two roles – one legitimate and one not – that inherent power can play vis-à-vis the rules. Part II examines how those roles are often confused or manipulated, with the result that inherent power remains available to justify judicial action in an undesirably large class of cases. Finally, Part III explores ways to clarify …

Human Capital And Transfer Taxation, Kerry A. Ryan

All Faculty Scholarship

This article addresses the question of whether education and healthcare transfers should be included in the federal gift tax base. It initially frames the issue in two ways: (1) through the lens of a proposal by the American Law Institute to exempt all “transfers for consumption” from gift taxation, and (2) within the context of a debate among economists about whether such expenditures should be included in the definition of “intergenerational transfers” for purposes of determining the total share of such transfers in U.S. accumulated wealth. Finding the first lens unsatisfactory on its own doctrinal terms and the second lens …

Candoluminescence Of Cave Gypsum, John R. Sweet, John W. Hess, William B. White

International Journal of Speleology

A selection of gypsum specimens from a variety of caves as well as CaSO₄ synthesized in the laboratory emit both a green and yellow candoluminescence when excited by a hydrogen diffusion flame. The green emission is attributed to dehydration of gypsum to bassanite and the yellow emission appears upon further dehydration to anhydrite. The source of the luminescence is ascribed to minor concentrations of Mn²⁺ in the gypsum.

Uranium-Series Dating Of Gypsum Speleothems: Methodology And Examples, Laura Sanna, Francisco Saez, Siri Simonsen, Silviu Constantin, José-Maria Calaforra, Paolo Forti, Stein-Erik Lauritzen

International Journal of Speleology

The analytical problems of dating gypsum speleothems with the U-series technique are reviewed. Gypsum speleothems are, in general, very low in U content, challenging the limits of detection methods. Various approaches to dissolving gypsum and isolation of actinides from the matrix include ion-pairing dissolution with magnesium salts and using nitric acid. The most precise dating technique is Thermal Ionization Mass Spectrometry (TIMS), combined with Fe(OH)₃ scavenging and anionic exchange chromatography. Less satisfactory, but much quicker, is direct retention of actinides from HNO₃ by means of TRU resin and MC-ICP-MS detection. We have tested these methods on gypsum speleothems …

Age Frequency Distribution And Revised Stable Isotope Curves For New Zealand Speleothems: Palaeoclimatic Implications, Paul W. Williams, Helen L. Neil, Jian-Xin Zhao

International Journal of Speleology

The occurrence of speleothems in New Zealand with reversed magnetism indicates that secondary calcite deposition in caves has occurred for more than 780 thousand years (ka). 394 uranium-series dates on 148 speleothems show that such deposition has taken place somewhere in the country with little interruption for more than 500 ka. A relative probability distribution of speleothem ages indicates that most growth occurred in mild, moist interglacial and interstadial intervals, a conclusion reinforced by comparing peaks and troughs in the distribution with time series curves of speleothem δ¹⁸O and δ¹³C values. The stable isotope time series …

An Essay On Cataloging, Daniel Canncasciato

Library Philosophy and Practice (e-journal)

The imminent arrival of Resource Description and Access (RDA), the proposed successor to Anglo-American Cataloging Rules (AACR), makes now an opportune time to clarify a profound misunderstanding regarding the objective of cataloging. The objective has been widely misunderstood to be about the production of bibliographic records, or about the production of bibliographic records and their supporting authority records, or about the production of perfect bibliographic and authority records. This essay offers a more accurate picture of the objective of cataloging, working from Cutter’s early statement of principles as a reference point in re-considering some misperceptions and actions being taken in …

Educational Needs Of Librarians In The Digital Environment: Case Studies Of Selected Academic Libraries In Lagos State, Nigeria, Olukemi A. Fadehan, Hussaini Ali

Library Philosophy and Practice (e-journal)

This paper reports the findings of a study on the perception of educational needs of librarians in selected academic libraries in Lagos State, Nigeria. The libraries include universities, polytechnics, and colleges of education. The objectives of this study were to identify the level of digital applications in the critical operations of the libraries; the educational needs of the librarians in the digital environment, and the librarians' perceptions of the need for digital education. The findings reveal that there was inadequate or total lack of skills and education in digital information provision by the librarians investigated. All the librarians needed digital …

Embedding Semantic Markup In Web Pages, Virginia Shilling

Library Philosophy and Practice (e-journal)

The World Wide Web first revolutionized the presentation of text and data for people. The next wave of technology, the semantic web, will make data accessible to computers as well as people. Underpinning the semantic web is the Resource Description Framework (RDF). One way to make RDF-compatible data available on the web is to embed it in the X/HTML document. A small project investigates the available syntax for encoding RDF in web pages, the available descriptive vocabularies, and discusses the results of manually encoding web pages using RDFa and Dublin Core

Studies Toward The Synthesis Of Lomaiviticins A And B And Englerin A, Srinivas Achanta

All Theses and Dissertations (ETDs)

Part I: Studies toward the central core of lomaiviticins A and B Lomaiviticins A and B are novel C2-symmetric dimeric molecules with profound cytotoxic activity. The most challenging feature of these molecules is the densely functionalized central core. Despite the effort by several research groups, the total synthesis of lomaiviticins has not been reported so far. We envisioned the synthesis of the lomaiviticin core by an unprecedented Diels-Alder dimerization of ortho-quinols and masked ortho-benzoquinones, followed by the fragmentation of the extra carbon-carbon bond. This chapter describes the stereoselective elaboration of the ortho-quinol and masked ortho-benzoquinone dimers to the fragmentation precursors …

Public Interest(S) And Fourth Amendment Enforcement, Alexander A. Reinert

Articles

Fourth Amendment events generate substantial controversy among the public and in the legal community. Yet there is orthodoxy to Fourth Amendment thinking, reflected in the near universal assumption by courts and commentators alike that the amendment creates only tension between privately held individual liberties and public-regarding interests in law enforcement and security. On this account, courts are faced with a clear choice when mediating Fourth Amendment conflicts: side with the individual by declaring a particular intrusion to be in violation of the Constitution or side with the public by permitting the intrusion. Scholarly literature and court decisions are accordingly littered …

National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert

Articles

The article critiques Peter Margulies's analysis of cognitive biases in judicial decision-making within national-security cases, particularly his proposed evidentiary presumption to address these biases. While acknowledging Margulies's contribution to the discussion, the article argues that his characterization of cases and proposed solution may oversimplify the complexities of judicial deference and interventionism. It suggests that the central issue in these cases is not excessive deference or interventionism but rather the government's resistance to transparency and the disclosure of sensitive information. The article advocates for a more nuanced approach, emphasizing managed discovery processes to balance national-security concerns with constitutional rights.

Family Values In The Jewish Tradition, J. David Bleich

Articles

In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.