Digital Commons Network^™

Equality Dissonance: Jurisprudential Limitations And Legislative Opportunities, Lia Epperson

Scholarly Articles in Law Reviews & Journals

In his pivotal concurrence in Parents Involved in Community Schools v. Seattle School District No. 1 Justice Kennedy articulated two fundamental strains of an equality ideal for addressing systemic racial segregation and inequality in public education: he eloquently underscored the critical importance of racial integration for educational equity, and reiterated the essential role of the political branches in facilitating this integration. Kennedy noted the compelling government interest in decreasing the effects of de facto racial segregation and isolation and recognized the fallacy of a public/private distinction in defining the constitutional violation of racially segregated educational environments: The plurality opinion is …

Remarks - Enhancing Visits To Places Of Detention Promoting Collaboration, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Psychometric Testing Of The Children's Resourcefulness Scale, Jaclene A. Zauszniewski, Abir K. Bekhet, Elizabeth Bonham

College of Nursing Faculty Research and Publications

PROBLEM: Resourcefulness is known to reduce depression in adults, but its effects on children are less well known, possibly for lack of a psychometrically sound measure.

METHODS: This study examined the reliability and validity of the 32-item Children's Self-Control Scale (C-SCS), which measures resourcefulness, in 122 school-aged children.

FINDINGS: Standard scale refinement methods produced a 10-item scale with α = .72 and correlations with the C-SCS (r = .86), positive thoughts (r = .38), and depressive symptoms (r = –.32). Factor analysis revealed two factors: problem-solving and delay of gratification.

CONCLUSIONS: The 10-item scale may be …

Effects Of Resistance Training On Functional Ability In Elderly Individuals, Mariane M. Fahlman, Nancy Mcnevin, Debra Boardley, Amy Morgan, Robert V. Topp

College of Nursing Faculty Research and Publications

Purpose. Determine the effects of 16 weeks of strength training on measures of functional ability in elderly who are functionally limited.

Design. Quasi-experimental trial in which elderly volunteers were assigned to either an exercise group or a control group.

Participants. Eighty-seven participants (65–93 years) living independently but with some functional limitations.

Intervention. Thirteen different strength training exercises using Thera-Band resistive bands (Hygenic Corporation, Akron, Ohio). The program was 16 weeks in duration, and the frequency was three times per week. Participants exercised in a group setting one time per week and were given a home exercise book to follow for …

Psychometric Properties Of The Pressure To Move Scale In Relocated American Older Adults: Further Evaluation, Abir K. Bekhet, Jaclene Zauszniewski, Wagdy E. Nakhla

College of Nursing Faculty Research and Publications

The number of elders who relocate to retirement communities is increasing exponentially, and their ability to exercise free choice, personal control, and autonomy has been associated with relocation adjustment and positive outcomes in regard to physical, emotional, and social well-being. Although a measure of relocation controllability (the degree of personal control associated with the move) exists, there is limited evidence of its psychometric adequacy. This study tested the reliability and validity of the Pressure to Move Scale (PTMS). A convenience sample of 104 American elders who relocated to six Northeast Ohio retirement communities was recruited. Study participants completed the nine-item …

Advancing Nursing Education Science: An Analysis Of Nln's Grant Program 2008-2010, Joanne R. Duffy, Marilyn Frenn, Barbara Patterson

College of Nursing Faculty Research and Publications

The National League for Nursing has responded to the increasing need for nursing education research through its grant program. Significant growth in proposals has intensified competition for funds and challenged the Nursing Education Research Advisory Council’s review process. The purpose of this article is to explore the NLN’s nursing education research proposals from 2008 to 2010 in order to improve performance and provide guidance to future nursing education researchers. Beginning with the 2008 grant cycle, a database was developed to assist in performance improvement. A total of 113 proposals were submitted; of those, 24 were funded for a success rate …

Dog Models Of Naturally Occurring Cancer, Donna O. Mccarthy

College of Nursing Faculty Research and Publications

Studies using dogs provide an ideal solution to the gap in animal models for natural disease and translational medicine. This is evidenced by approximately 400 inherited disorders being characterized in domesticated dogs, most of which are relevant to humans. There are several hundred isolated populations of dogs (breeds) and each has a vastly reduced genetic variation compared with humans; this simplifies disease mapping and pharmacogenomics. Dogs age five- to eight-fold faster than do humans, share environments with their owners, are usually kept until old age and receive a high level of health care. Farseeing investigators recognized this potential and, over …

Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern

Scholarly Articles in Law Reviews & Journals

Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in …

The Ethics Of Melancholy Citizenship, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sources Of Somatization: Exploring The Roles Of Insecurity In Relationships And Styles Of Anger Experience And Expression, Liang Liu, Shiri Cohen, Marc S. Schulz, Robert J. Waldinger

Psychology Faculty Research and Scholarship

Research has shown strong connections between insecure attachment in close relationships and somatization. In addition, studies have demonstrated connections between somatic symptoms and anger experience and expression. In this study, we integrate perspectives from these two literatures by testing the hypothesis that proneness to anger and suppression of anger mediate the link between insecurity in relationships and somatization. Between 2000 and 2003, a community-based sample of 101 couples in a large U.S. city completed self-report measures, including the Somatic Symptom Inventory, the Relationship Scales Questionnaire, the Multidimensional Anger Inventory, the Revised Conflict Tactics Scale, and the Beck Depression Inventory. Controlling …

Peer Influences On Adolescent Risk Behavior, Dustin Albert, Laurence Steinberg

Psychology Faculty Research and Scholarship

Moving beyond studies of age differences in “cool” cognitive ­processes related to risk perception and reasoning, new approaches to understanding ­adolescent risk behavior highlight the influence of “hot” social and emotional ­factors on adolescents’ decisions. Building on evidence from developmental neuroscience, we present a theory that highlights an adolescent gap in the developmental timing of neurobehavioral systems underpinning incentive processing and cognitive control. Whereas changes in brain regions involved in incentive processing result in heightened sensitivity to social and emotional rewards in early adolescence, cognitive control systems do not reach full maturity until late adolescence or early adulthood. Within this …

Proving Prejudice, Post-Padilla, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why Misdemeanors Matter: Defining Effective Advocacy In The Lower Criminal Courts, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

Most individuals accused in our nation's criminal courts are not charged with murder, rape, drug sales, or even less serious felonies. The vast majority of charges are in the lower courts, for misdemeanors such asmarijuana possession, driving with a license suspension for failure to pay tickets, assault, disorderly conduct, or public intoxication. Misdemeanor adjudications have exploded in recent years, with one recent study estimating that the volume of misdemeanor cases nationwide has risen from five to more than ten million between 1972 and 2006. At the same time, violent crime and the number of felony cases across the country have …

In Defense Of Deterrence, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Pot As Pretext: Marijuana, Race, And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than 10 years later. This rise has been a notable component of the city’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “stop, question, and frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …

Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard

Faculty Scholarship

This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …

Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke

Faculty Scholarship

The summer of 2011 marked an important turning-point in the geography and politics of sex: public sex, previously a domain dominated by the specter of a hypersexualized gay man, became the province of the irresponsible, foolish, and self-destructive heterosexual man, such as Anthony Weiner. Meanwhile, homosexuals were busy domesticating their sexuality in the private domain of the family. Just as hetero-sex shamefully seeped out into the open, homo-sex disappeared from view into the dignified pickets of private kinship. In this essay I examine the panic that unfolded in connection with Representative Weiner’s tweets as a kind of afterlife of homophobia; …

Attachments And Associated Reasons, Joseph Raz

Faculty Scholarship

The paper will unfold in 5 parts dealing with five questions: first, does the partiality of attachments present an obstacle to their being or giving practical reasons? Second, given a value-based approach to practical reasons, can universal values generate reasons that are specific to their subjects, reasons – say – towards my friends that only I have? Third, do attachments affect what we do independently of any reasons that they provide? Fourth, in what ways do attachments constitute or provide normative reasons, and briefly, how do attachment-related reasons relate to other practical reasons? Finally, I turn to the question of …

The Potential For Indicators In The Management Of Climate Change Impacts On Cultural Heritage, Caithleen Daly

Conference papers

The global scale and unpredictable nature of climate change impacts on cultural heritage poses a challenge for conservation management. This article explores the potential of indicators as an aid for decision makers in the heritage sector. The author proposes a new indicator tool for addressing long-term stone recession impacts that may be related to climate change. The indicator is being installed at two World Heritage sites in Ireland but no results are available. The prototype was developed during doctoral research at the Technological University of Dublin.

Supporting Academic Writing Through The Lens Of Critical Thinking, Roisin Donnelly, Marian Fitzmaurice

Other resources

Academic writing in the context of producing quality research articles is something which all academics engage in and there is evidence of increased attention to supporting the development of the writing and subsequent output of academics and research students. However, while scholarly writing is learnt in complex ways, critical thinking is an intrinsic part of such writing. In practice the teaching of critical thinking is difficult and there is a lack of discussion about what it means within the context of the writing process. This study describes a pedagogic intervention with a group of academic staff to support he participants …

Crucial Connections: An Exploration Of Critical Thinking And Scholarly Writing, Roisin Donnelly, Marian Fitzmaurice

Other resources

Academic writing in the context of producing quality research articles is something which all academics engage in and there is evidence of increased attention to supporting the development of the writing and subsequent outputs of academics and research students. However, while scholarly writing is learnt in complex ways, critical thinking is an intrinsic part of such writing. In practice the teaching of critical thinking is difficult and there is a lack of discussion about what it means within the context of the writing process. Critical thinking can only be acquired with practice and this study describes a pedagogic intervention with …

Advancing The Use Of Bim Through A Government Funded Construction Industry Competency Centre In Ireland, Alan V. Hore, Ken Thomas

Conference papers

The main aim of this paper is to develop the early case for a new Competence Centre dedicated to industry led research in the Irish construction industry. It incorporates the results of a survey carried out by the Construction IT Aliance (CITA) and also identifies similiar centres carrying out industry led research around the world. Results from the survey show a clear support for the establishment of such a centre in Ireland and, in particular, a strong interest in Building Information Modelling (BIM) as a immediate priority research area. BIM is having a profound effect worldwide on the construction industry. …

The New Habeas Revisionism, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

There is relatively little in the Constitution’s drafting history or ratification debates to illuminate the intended meaning of the Suspension Clause, and what it specifically protects by preserving “the Privilege of the writ of Habeas Corpus” except in cases where habeas is properly suspended. Most jurists and commentators at least seem to agree on the constitutional floor - that, as Justice Stevens put it in 2001, “at the absolute minimum, the Suspension Clause protects the writ ‘as it existed in 1789.’” But even that limited point of consensus only begs a separate question: what was the scope of the writ …

Lawfare: A War Worth Fighting, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Re-Locating Recycling: A Contextual Analysis Of Recycling Behavior In The Usa And Germany, Tsai-Shiou Hsieh

Dissertations, Theses, and Capstone Projects

While recycling remains a common research topic within environmentally responsible behavior studies, it is little known how contextual factors such as physical environments, social interactions, and cultural backgrounds influence people's attitudes and behavior. This research adopts an ecological framework and conducts a mixed-method qualitative inquiry of whether and how relocation has impacts on people's ecological thinking and behavior in their everyday life. Semi-structured interviews were conducted within two groups of people: Americans who moved to Munich and Germans who moved to New York City. Interviews were conducted in participants' homes or workplaces. Pictures were taken inside the apartments, in common …

The United States Of The World: Human Rights, Political Entrepreneurship, And U.S. Foreign Policy Via Affective And Rational Politics, Marriah Star

Dissertations, Theses, and Capstone Projects

This study examines how Political Entrepreneurs in the United States Congress responded to human rights abuses in six countries during the 1970s and 1980s: Cambodia, El Salvador, South Africa, the Soviet Union, Taiwan, and Uganda. It presents a four-point model for approaching the study of United States human rights policy. The key element in all the cases is bonding social capital, also called affective politics. American policy towards the Soviet Union and Uganda both demonstrate the integration of international, transnational, and domestic politics. Taiwan receives special attention because U.S. Taiwan policy continues to exemplify the integration of international relations, transnational …

Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Activated Sludge And Other Aerobic Suspended Culture Processes, Charles J. Moretti, Dipesh Das, Brian T. Kistner, Harvey Gullicks, Yung Tse Hung

Civil and Environmental Engineering Faculty Publications

© 2011 by the authors. A review of the literature published in 2008, 2009 and 2010 relating to activated sludge treatment of wastewater is presented. The review considers information on the topics of modeling and kinetics; process microbiology; nitrogen and phosphorus removal; treatment and effects of xenobiotics; oxygen transfer; and solids separation.

Special Issue On Plenary And Invited Papers From Icops 2010, Ravi P. Joshi, Xinpei Lu, Yukinori Sakiyama

Electrical & Computer Engineering Faculty Publications

HE 37th IEEE International Conference on Plasma Science (ICOPS) was held in Norfolk, VA, from June 20 to June 24, 2010. The technical program combined seven technical-related areas of plasma science and a range of diverse topics. A total of 562 abstracts from 37 countries were accepted, and the technical program included four plenary talks. There were 217 oral and 345 poster presentations. The plenary talks were given by Prof. L. Boufendi on Dusty Plasmas, Prof. E. Kunhardt on Non-Equilibrium Plasma Sources, Dr. K. S. Budil on High Energy Density Physics, and Dr. M. Thumm on the use of gyrotrons …