Digital Commons Network^™

Disclosing 'Political' Oversight Of Agency Decision Making, Nina A. Mendelson

Articles

Scholars and courts have divided views on whether presidential supervision enhances the legitimacy of the administrative state. For some, that the President can supervise administrative agencies is key to seeing agency action as legitimate, because of the President's accountability to the electorate. Others, however, have argued that such supervision may simply taint, rather than legitimate, an agency action. The reality is that presidential supervision of agency rulemaking, at least, appears to be both significant and opaque. This Article presents evidence from multiple presidential administrations suggesting that regulatory review conducted by the White House's Office of Management and Budget is associated …

Real Copyright Reform, Jessica D. Litman

Articles

A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright …

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

Articles

Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …

Conservation Status And Habitat Use Of The West Virginia Spring Salamander (Gyrinophilus Subterraneus) And Spring Salamander (G. Porphyriticus) In General Davis Cave, Greenbrier Co., West Virginia, Matthew L. Niemiller, Michael S. Osbourn, Dante B. Fenolio, Thomas K. Pauley, Brian T. Miller, John R. Holsinger

Biological Sciences Faculty Publications

The West Virginia Spring Salamander (Gyrinophilus subterraneus) is one of four obligate cave-dwelling species of plethodontid salamanders found east of the Mississippi River in the United States. This species is endemic to a single cave system; General Davis Cave, in Greenbrier Co., West Virginia, where it is syntopic with the closely-related Spring Salamander (G. porphyriticus). Accordingly, the West Virginia Spring Salamander is a species of critical conservation concern. Because of it's conservation status and lack of data regarding the ecology and life history, particularly about population trends, we present data on relative abundance of and habitat …

The Impact Of The Crisis On Corporate Responsibility: The Case Of Un Global Compact Participants In The Usa, Jorge Arevalo, Deepa Aravind

Publications and Research

This study is one of the first that examines the impact of the current economic crisis on business and non-business sector’s corporate social responsibility (CSR) efforts. We focus on one key CSR initiative, namely, the United Nations Global Compact (GC). Using survey data from a sample of GC participants in the US, we find that those reporting high CSR integration (i.e. into their policies, programs, performance, and goals), and those reporting lesser conformity to the active GC principles will be affected more by the crisis. Content analysis of CEO statements revealed critical obstacles in managing the risks and opportunities during …

Race Audits, Robin A. Lenhardt

Faculty Scholarship

The U.S. Supreme Court’s race jurisprudence suffers from a stunning lack of imagination where possibilities for meaningful local government involvement in combating structural racial inequality are concerned. Cases such as Parents. and Ricci limit dramatically the freedom that localities have to address racial inequity within their borders. Instead of constraints on local efforts in the race context, Professor Lenhardt argues that what we need, if persistent racial inequalities are ever to be eliminated, is greater innovation and experimentation. In this article, Professor Lenhardt thus introduces an extra-judicial tool called the race audit, which would permit individual cities or a regional …

Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane

Articles

The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …

Last Man Standing: The American Who Stayed During The Rwandan Genocide - An Interview With Carl Wilkens, Jerri Shepard

Journal of Hate Studies

Carl Wilkens is a peace activist and an educator who headed up the Adventist Development and Relief Agency International in Rwanda (ADRA). He was the only American who chose to remain in Kigali, Rwanda during the genocide of 1994. His choice to remain in the country during that time of brutal atrocities resulted in the prevention of the murder of hundreds of children. Wilkens was featured in Frontline’s “Ghosts of Rwanda” and in “The Few Who Stayed: Defying Genocide,” an American Radio Works documentary broadcast on National Public Radio. He has received several humanitarian awards, including awards from Saint John’s …

The Constitution And Our Debt To The Future, Rena I. Steinzor

Faculty Scholarship

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found …

Awareness And Accessibility Of Environmental Information In Nigeria: Evidence From Delta State, Yemisi T. Babalola, Akinola D. Babalola, Faith O. Okhale

Library Philosophy and Practice (e-journal)

Environmental awareness is a pre-condition for environment-friendly behaviour and sustainable environment; proper awareness of environment related issues is therefore pertinent. This study examined awareness and accessibility of environmental information in Nigeria with specific reference to Warri Central Local Government Area of Delta state. Data were collected with a structured questionnaire from 140 respondents using the simple random sampling technique and analyzed with descriptive statistics. The results showed that many of the respondents are aware that soil erosion, oil spillage and pipeline vandalization are sources of environmental problems but they are not aware of the ecological impact of domestic activities like …

Applying The “Contextual Integrity” Model Of Privacy To Personal Blogs In The Blogoshere, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

In this paper, we analyze some controversial aspects of blogging and the blogosphere from the perspective of privacy. In particular, we focus on Helen Nissenbaum’s theory of privacy as “contextual integrity” and apply it to personal blogs, in general, and the case of the “Washingtonienne” blogger, in particular. We examine the question of whether personal blogs that are not password protected can be considered “normatively private contexts” according to Nissenbaum’s principles of privacy. We argue that they cannot. Using Nissenbaum’s original model, we conclude that privacy expectations for those who disclose personal information in such blogs are unrealistic. We also …

Earnings Of Nurses In Non-Nursing Occupations: Evidence Of Significant Nursing Dissatisfaction?, Stephen D. Rubb

WCBT Faculty Publications

In examining the nursing shortage, many scholars note the high correlation between job dissatisfaction and "intentions" to leave. This study compares the earnings of individuals with nurse training in non-nursing occupations to those in nursing occupations. Nurses exiting the occupation while remaining employed appear to occur if alternative occupations pay a premium. This premium is higher for males and increases with education. Earnings of nurses in non-nursing occupations do not provide evidence of significant nursing dissatisfaction.

Business Planning For New Ventures, Mike Roer, Benoit Boyer, Ken Kollmeyer, Matthew Smith

WCBT Faculty Publications

Table of contents:

Assessing Entrepreneurial Aptitude -- Identifying Sources of Capital -- Selecting a Legal Structure -- Preparing the Business Plan -- Presenting the Plan to Capital Providers -- Glossary.

Strategic Planning For Creating Effective Joint Dwelling Associations In Kosovo : [Presentation Given October 2010], Drita Shabani

Theses

Not provided.

Keep Arbitration Alive: Why The Fairness In Nursing Home Arbitration Act Should Not Be Passed, Margaret Baumer

Cardozo Journal of Conflict Resolution

Like it or not, arbitration agreements are part of our lives. Most cell phone and credit card companies include arbitration agreements in their customer contracts. Furthermore, many consumer complaints regarding trades through the National Association of Securities Dealers (NASD) are resolved through arbitration. However, despite their pervasiveness, consumers generally remain ignorant of arbitration agreements until a dispute arises, whereupon they discover that they must submit to arbitration proceedings, rather than sue sellers. Often, arbitration carries with it the added disappointment of high fees and perceived arbitrator bias in favor of the business entity. The same is true of a nursing …

Lost Children: The Abuse And Neglect Of Minors In Polygamous Communities Of North America, Kelly R. Schwab

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges of addressing child abuse in polygamous communities, highlighting the tension between religious freedom and child protection. It argues that while religious beliefs are protected under the First Amendment, religious conduct, such as polygamy, should not be exempt from legal scrutiny when it harms children. The author advocates for courts to prioritize children's best interests over religious practices, especially in cases involving criminal activities like polygamy.

Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob

Cardozo Arts & Entertainment Law Journal

No abstract provided.

2010-2011 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

2010-2011 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2010-2011 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

2010-2011 Lindenwood University-Belleville Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University-Belleville Course Catalog

Discovery Of New Ohbayashinema Spp. (Nematoda: Heligmosomoidea) In Ochotona Princeps And Ochotona Cansus (Lagomorpha: Ochotonidae) From Western North America And Central Asia, With Considerations Of Historical Biogeography, M.-C. Durrette-Desset, Kurt E. Galbreath, Eric P. Hoberg

Harold W. Manter Laboratory of Parasitology: Faculty Publications

Three new species of Ohbayashinema (Nematoda, Heligmosomoidea) are described from localities in western North America and central Asia. Two of these species, Ohbayashinema nearctica n. sp. and Ohbayashinema aspeira n. sp., are parasitic in American pika, Ochotona princeps. Ohbayashinema nearctica is differentiated from the 5 known species of the genus parasitic in Ochotonidae from the Old World by very long spicules and an oblique axis of orientation for the ridges composing the synlophe. Ohbayashinema aspeira, described only from females, is similar to Oh. nearctica based on the number of cuticular ridges at the midbody. It is mainly differentiated …

Individual, Behavioural And Environmental Pathways To Adolescent Obesity, Paola Teresa Chivers

Theses

The longitudinal investigations of the contributions of obesogenic variables to developmental pathways of adolescent obesity were examined. Key obesogenic variables were examined from the extensive database of the Western Australian Pregnancy Cohort (Raine) Study. The data set included variables collected in utero (18-20 weeks), at birth, and at ages 1, 2, 3, 6, 8, 10, and 14 years.

The key research question was: How do individual, behavioural and environmental factors in childhood contribute to weight status at early adolescence? Investigation of this key question examined how factors change over time and their respective influence on obesity, identified critical points in …

Perspectives Of Executive Women: Life Choices And Balancing Career With Marriage And Children, Wendy James

Walden Dissertations and Doctoral Studies

This qualitative study investigated the experiences of executive women and their choices in balancing work with marriage and children. Research on women in the workplace tends to conflate categories of hourly workers, part-time employees, and middle- and upper-management careers. Yet, the literature on balancing career and family life does not adequately portray the experiences of executive women. The purpose of the study was to discover executive women's perceptions about their career, how they chose their path, and how their career choices affected their decisions about marriage and children. The research questions for this study examined: (a) The effect of executive …

Investigating An Optimal Decision Point For Probability Bounds Analysis Models When Used To Estimate Remedial Soil Volumes Under Uncertainty At Hazardous Waste Sites, Charles O. Dankwah

Walden Dissertations and Doctoral Studies

Hazardous waste site remediation cost estimation requires a good estimate of the contaminated soil volume. The United States Environmental Protection Agency (U.S. EPA) currently uses deterministic point values to estimate soil volumes but the literature suggests that probability bounds analysis (PBA) is the more accurate method to make estimates under uncertainty. The underlying statistical theory is that they are more accurate than deterministic estimates because probabilistic estimates account for data uncertainties. However, the literature does not address the problem of selecting an optimal decision point from the interval-valued PBA estimates. The purpose of this study was to identify the optimal …

Identifying The Relationship Between Network Governance And Community Action Program Participation, Angelique M. Goliday

Walden Dissertations and Doctoral Studies

The relevant literature consistently suggests that understanding citizen participation in community action programs is needed to maximize network governance efforts. Yet, there is no empirical evidence demonstrating a relationship between levels of network governance (NG) and citizen participation rates. The purpose of this study was to determine the degree to which levels of NG is correlated with levels of citizen participation in community action agency (CAA) programs, and whether variations in NG or variations over time in average income level is more strongly related to participation. The research was guided by the integrative model of democracy, which emphasizes citizen participation …

A Phenomenological Inquiry Of Chronic Homeless Individuals' Challenges To Independence, Dewana Hall

Walden Dissertations and Doctoral Studies

Homelessness is a comprehensive social problem affecting approximately 744,000 people in the U.S. Despite consistent efforts from politicians, state and local leaders, and service providers, the number of homeless people continues to rise. Although there are some explanations in the literature to account for the increase of homelessness, the literature tends to not include the voices of the homeless themselves. The purpose of this phenomenological study, which used Maslow's hierarchy of needs as its conceptual framework, was to understand the life experiences of members of the homeless population, as perceived by four male residents of a mission in an eastern …

The Relationship Between Psychological Well-Being And Perceived Wellness In Graduate-Level Counseling Students, Michel Renee Harris

Walden Dissertations and Doctoral Studies

It is imperative that those who provide personal therapy to others be well-adjusted in their personal and professional lives and possess a keen and accurate perception of wellness. Yet, persons drawn to careers in counseling often have unresolved psychological issues. Counselor education programs should have a systematic way to evaluate and improve wellness in their students. Studies addressing the well-being of counselors-in-training, their perception of wellness, and their need for self-care are lacking in the professional literature. This study, therefore, examined the relationship between psychological well-being and perceived wellness in a sample (N = 97) of graduate students in a …

Illness Uncertainty, Ways Of Coping, And Psychological Adjustment Among 18--25-Year-Olds With Anaphylactic Food Allergy, Susan J. Cohen

Walden Dissertations and Doctoral Studies

The prevalence of food allergy is increasing, with adolescents and young adults being the group most likely to die from food-induced anaphylaxis. Behavioral and psychological factors contribute to this risk. This study investigated the relationship between illness uncertainty (as measured by the Mishel Uncertainty in Illness Scale Community Form) and emotion- and problem-focused coping (as measured by the Ways of Coping Scale), to see if they contributed to psychological adjustment (as measured by the Depression Anxiety Stress Scale-21) in this population. A cognitive diathesis-stress model was used to explain individual differences in adjustment. Multiple regression was used to test illness …

Grounded Theory Approach To Understanding Student Perceptions Of Asynchronous High School Learning Environments, Paige N. Morabito

Walden Dissertations and Doctoral Studies

Although the development of cyber high schools over the last 10 years has increased, no data are reported in the literature regarding the factors that have contributed to the increased enrollment or student perceptions of success. The purpose of this grounded theory study was to develop a theory describing why students currently enrolled in an online high school program chose an asynchronous setting and their subsequent perceptions of success. Critical pedagogy, as a basis of transformational experiences through education, served as the conceptual framework. An attitudinal survey, provided as a limited data set by the high school, was used to …