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2011

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Leadership And Attitudes On Adopting Evidence-Based Practice For Influenza Vaccination, Pamela A. Paparone Jan 2011

Leadership And Attitudes On Adopting Evidence-Based Practice For Influenza Vaccination, Pamela A. Paparone

Walden Dissertations and Doctoral Studies

The United States has set a 90% benchmark for influenza vaccinations for healthcare personnel. Unfortunately, healthcare personnel fall far short of that mark with current rates as low as 62%. Low vaccination rates are responsible for influenza, nosocomial influenza, influenza-like illness, and mortality during influenza season. The purpose of this quantitative correlational study was to understand the relationship between leadership styles, attitudes towards evidence-based practice, and vaccination intention among New Jersey registered nurses (RNs). Diffusion of innovations theory was the theoretical foundation. The 3 instruments used were the Multifactor Leadership Questionnaire, Evidence Based Practice Attitude Scale, and Behavioral Intention Scales, …


A Phenomenological Inquiry Into The Unique Experience Of Male Elementary Teachers, Alberta N. Richardson Jan 2011

A Phenomenological Inquiry Into The Unique Experience Of Male Elementary Teachers, Alberta N. Richardson

Walden Dissertations and Doctoral Studies

The percentage of male teachers is at its lowest number in 40 years. The problem is that fewer males are choosing elementary teaching as a career choice. As a result, many elementary students rarely see a male teacher during their formative education years. This issue is a concern for superintendents, college of education deans, recruiters, school administrators, and parents whose children are not being exposed to a diverse teacher workforce that includes male elementary teachers. The purpose of this study was to better define and understand the unique experiences of male elementary teachers in today's classroom. The conceptual framework for …


Technology Strategies In The Classroom After Completing Professional Development, Peggy B. Johnson Jan 2011

Technology Strategies In The Classroom After Completing Professional Development, Peggy B. Johnson

Walden Dissertations and Doctoral Studies

In a school district, teachers and administrators found that students lacked the academic technology immersion necessary to ensure their technological preparation for the 21st century. Professional development was offered to prepare teachers to integrate 21st century technology into their instruction; however, teachers were not fully implementing technology. Administrators and stakeholders have indicated concern. The purpose of this study was to explore whether professional development was effective in increasing teachers' capacity to integrate student-directed technology into instruction. The study, guided by Prensky's transformation and Siemen's connectiveness theories, indicated that technology immersion was necessary within schools. The overarching research questions explored the …


Barriers To Healthcare Access For Members Of The Bronx Ghanaian Immigrant Muslim Community In New York City, Adam A. Musah Jan 2011

Barriers To Healthcare Access For Members Of The Bronx Ghanaian Immigrant Muslim Community In New York City, Adam A. Musah

Walden Dissertations and Doctoral Studies

Cultural beliefs on healthcare in the 21st century by the African immigrants in the United States have contributed to the severity of illnesses in their communities. The results of this research identified the healthcare barriers experienced by members of the Bronx Ghanaian Immigrant Muslim Community (BGIMC) in New York City. The purpose of this research was to investigate the influence of education, immigration status, health insurance status, and cultural beliefs on the BGIMC members' perceived access and willingness to use healthcare services for various ailments. A sample of 156 male and female members of the BGIMC completed the survey questionnaire. …


Board Member Perceptions Of Nonprofit Organization Effectiveness, Laura Levy Maurer Jan 2011

Board Member Perceptions Of Nonprofit Organization Effectiveness, Laura Levy Maurer

Walden Dissertations and Doctoral Studies

In contemporary American society, the nonprofit board is accountable for ensuring that an organization has sufficient resources to carry out its mission. Filling the gap between demands for services and the resources to meet them is often a struggle for small, local nonprofit organizations. This hermeneutic phenomenological study examined how board members of small, local nonprofits in the focal community perceive organizational effectiveness. Understanding the nature of nonprofit organization effectiveness according to board members contributes to understanding how those accountable meet their organizational objectives. A review of the literature revealed that nonprofit effectiveness involves the action of contributing and the …


Evolution Of Physician-Centric Business Models Under Patient Protection And Affordable Care Act, Tanya Nix Jan 2011

Evolution Of Physician-Centric Business Models Under Patient Protection And Affordable Care Act, Tanya Nix

Walden Dissertations and Doctoral Studies

For several decades, the cost of medical care in the United States has increased exponentially. Congress enacted the Patient Protection and Affordable Care Act (PPACA) of 2010 to ensure affordable healthcare to the citizens of the United States. The purpose of this case study was to explore physicians' perspectives regarding physician-centric business models evolving under the requirements of PPACA legislation. Complex adaptive systems formed the conceptual framework for this study. Data were gathered through face-to-face, semistructured interviews and e-mail questionnaires with a purposeful sample of 20 participants across 14 medical specialties within Northeast Texas. Participant perceptions were elicited regarding opinions …


Online Formative Assessments As Predictors Of Student Academic Success, Jacqueline L. Croteau Jan 2011

Online Formative Assessments As Predictors Of Student Academic Success, Jacqueline L. Croteau

Walden Dissertations and Doctoral Studies

Increasingly, educational reform efforts are turning towards data-driven decision making strategies to help teachers improve instruction through skills-based instruction/content that is both measurable and aligned to common rigorous standards, such as the Common Core State Standards (CCSS). Examining the impact of a formative online assessment system on a summative measurement of student achievement may provide evidence that data-driven instructional platforms can impact student achievement and learning outcomes. Guided by the theoretical frameworks of Vygotsky and Dewey, along with the concepts of multiple intelligence, constructivism, and mastery learning, this study examined the relationship between student scores from an online formative assessment …


Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall Jan 2011

Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall

Faculty Publications

No abstract provided.


The Case Against A Strict Liability Economic Substance Penalty, Kathleen Delaney Thomas Jan 2011

The Case Against A Strict Liability Economic Substance Penalty, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.


Property's Morale , Nestor M. Davidson Jan 2011

Property's Morale , Nestor M. Davidson

Faculty Scholarship

A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled demoralization costs. Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …


Judicial Takings And State Action: Rereading Shelley After Stop The Beach Renourishment The Very Idea Of Judicial Takings, Nestor M. Davidson Jan 2011

Judicial Takings And State Action: Rereading Shelley After Stop The Beach Renourishment The Very Idea Of Judicial Takings, Nestor M. Davidson

Faculty Scholarship

When the Supreme Court recently dipped its toe into longstanding debates about judicial takings in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, the intimation that the Court might finally recognize the doctrine generated a wave of responses. Commentators concerned with the expansion of regulatory takings jurisprudence argued that it would be unwise to apply the Takings Clause to the judiciary; those inclined to defend a more vigorous application of the Clause, perhaps not surprisingly, saw a promising new avenue of vindication. It would be naive to argue that the Stop the Beach Renourishment plurality's logic could-or …


Collective Action And The Urban Commons, Sheila R. Foster Jan 2011

Collective Action And The Urban Commons, Sheila R. Foster

Faculty Scholarship

Urban residents share access to a number of local resources in which they have a common stake. These resources range from local streets and parks to public spaces to a variety of shared neighborhood amenities. Collectively shared urban resources suffer from the same rivalry and free-riding problems that Garrett Hardin described in his Tragedy of the Commons tale. Scholars have not yet worked up a theory about how this tragedy unfolds in the urban context, particularly in light of existing government regulation and control of common urban resources. This Article argues that the tragedy of the urban commons unfolds during …


Boumediene, Munaf, And The Supreme Court's Misreading Of The Insular Cases , Andrew Kent Jan 2011

Boumediene, Munaf, And The Supreme Court's Misreading Of The Insular Cases , Andrew Kent

Faculty Scholarship

In 2008, the Supreme Court embraced both global constitutionalism - the view that the Constitution provides judicially enforceable rights to non-citizens outside the sovereign territory of the United States - and what I call human-rights universalism - the view that the Constitution protects military enemies during armed conflict. Boumediene v. Bush found a constitutional right to habeas corpus for non-citizens detained as enemy combatants at the Guantanamo Bay naval base in Cuba, while Munaf v. Geren - decided the same day as Boumediene and involving U.S. citizens detained in Iraq during the war there - hinted that the Due Process …


Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias , Bruce A. Green Jan 2011

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias , Bruce A. Green

Faculty Scholarship

In the spring of 2009, I sent Fred Zacharias an e-mail to let him know that the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility, on which I was serving, was working on an opinion on prosecutorial ethics and to suggest that once it was published, the opinion might be fodder for our next article. Over the preceding decade, Fred and I had coauthored five articles on the regulation of prosecutors,' and various others on the regulation of lawyers in general, but at that time, we had no work in progress and had been out of touch …


Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn Jan 2011

Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn

Faculty Scholarship

This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.


The Unenforceable Corrupt Contract: Corruption And Nineteenth Century Contract Law, Zephyr Teachout Jan 2011

The Unenforceable Corrupt Contract: Corruption And Nineteenth Century Contract Law, Zephyr Teachout

Faculty Scholarship

This paper explores the 19th century practice of courts refusing to enforce "corrupt" contracts as against public policy.


Revolution And Intervention In The Middle East, Catherine Powell Jan 2011

Revolution And Intervention In The Middle East, Catherine Powell

Faculty Scholarship

No abstract provided.


Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno Jan 2011

Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno

Faculty Scholarship

This article, which is part of a symposium honoring David Baldus, presents a unique study of all criminal cases (totaling thirty-three) that addressed behavioral genetics evidence from June 1, 2007, to July 1, 2011. The study builds upon this author’s prior research on all criminal cases (totaling forty-eight) that used such evidence during the preceding thirteen years (1994-2007). This combined collection of eighty-one criminal cases employing behavioral genetics evidence offers a rich context for determining how the criminal justice system has been handling genetics factors for nearly two decades, but also why the last four years reveal particularly important discoveries. …


Taming Or Protecting The Modern Corporation? Shareholder-Stakeholder Debates In A Comparative Light, Martin Gelter Jan 2011

Taming Or Protecting The Modern Corporation? Shareholder-Stakeholder Debates In A Comparative Light, Martin Gelter

Faculty Scholarship

In this article, I provide a comparative historical account on the debate of whether corporations should exclusively be run by the company in the interest of shareholders, or whether managers should be permitted or required to take the interests of others groups (stake-holders) into account. The comparison focuses on the US, Germany and France and traces the debates through the most important formative periods of these countries’ corporate governance systems. It is generally assumed that shareholder primacy has a stronger following in the US and the UK than in Continental Europe, where the stakeholder view is thought to be more …


Politics Of Beauty, Ken-Ichi Sasaki Jan 2011

Politics Of Beauty, Ken-Ichi Sasaki

Contemporary Aesthetics (Journal Archive)

I look back at the history of modern aesthetics to grasp its current situation and to propose its possibilities for the future. The early modern period, during which aesthetics came into being, was a great historical turning point for civilization. Our contemporary period shares this character, and it is worthwhile for us to consult its history in order to reflect on our civilization. Aesthetics began with Baumgarten’s proposal, which consisted in a triple subject: sensibility, beauty, and art. His idea was accepted because it responded to the fundamental problems of the period. Sensibility was the only form of cognition of …


Stories In Pictures (And Non-Pictorial Objects): A Narratological And Cognitive Psychological Approach, Michael Ranta Jan 2011

Stories In Pictures (And Non-Pictorial Objects): A Narratological And Cognitive Psychological Approach, Michael Ranta

Contemporary Aesthetics (Journal Archive)

Narratological studies have frequently focused upon linguistic structures, considered to be paradigmatic cases of narrativity, while pictorial signs, such as icons and symbols or indices, have received comparably much less attention. In this paper, however, some basic and regularly occurring narrative aspects of pictures and non-pictorial objects will be presented and discussed.


Aura, Self, And Aesthetic Experience, Marshall Battani Jan 2011

Aura, Self, And Aesthetic Experience, Marshall Battani

Contemporary Aesthetics (Journal Archive)

Aesthetic experiences are generated in encounters with cultural objects and such experiences are marked by the free play of cognitive and numinous experience unstructured by concepts. Kant’s famous three types of pleasure, made infamous in social theory by Pierre Bourdieu, are examined in relation to the critical theoretical concept of aura, the social psychology of “flow,” and cognitive explanations of perception to explain experience in aesthetic fields. Theories of aesthetic experience developed at the crossroad of critical social thought and cognitive science hold promise for a social analysis able to avoid the usual sociological pitfalls of either ignoring aesthetics or …


Regulating Patents, Jonathan Masur Jan 2011

Regulating Patents, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.


$100 Bills On The Sidewalk: Violations Of No-Arbitrage In 401(K) Accounts, James J. Choi, David Laibson, Brigitte C. Madrian Jan 2011

$100 Bills On The Sidewalk: Violations Of No-Arbitrage In 401(K) Accounts, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

We identify employees at seven companies whose 401(k) investment choices are dominated because they are contributing less than the employer matching contribution threshold despite being vested in their match and being able to make penalty-free 401(k) withdrawals for any reason because they are older than 59½. At the average firm, 36% of match-eligible employees over age 59½ forgo arbitrage profits that average 1.6% of their annual pay, or $507. A survey educating employees about the free lunch they are forgoing raised contribution rates by a statistically insignificant 0.67% of income among those completing the survey.


Dynamic Collaboration: Participant-Driven Agile Processes For Complex Tasks, Joel H. Helquist, Amit Deokar, Thomas Meservy, John Kruse Jan 2011

Dynamic Collaboration: Participant-Driven Agile Processes For Complex Tasks, Joel H. Helquist, Amit Deokar, Thomas Meservy, John Kruse

Faculty Publications

Groups and decision makers are increasingly running headlong into complexity as interconnections and interdependencies between individuals and organizations continue to grow, decision time horizons shrink and more work is being performed by distributed teams. These factors are driving up overall problem space complexity and limiting the effectiveness of time-tested decision and collaboration processes. Increases in problem space complexity lead to higher equivocality in collaborative processes and associated products. Electronic collaboration support tools and associated process management schemes have proven successful in many challenging contexts. However, current collaboration process management schemes and tools may not be able to effectively handle more …


Demystifying Schmitt, Eric A. Posner, Adrian Vermeule Jan 2011

Demystifying Schmitt, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.


Don‘T Shoot: Police Privacy And Accountability In The Digital Age, Jory Canfield Jan 2011

Don‘T Shoot: Police Privacy And Accountability In The Digital Age, Jory Canfield

Harriet L Wilkes Honors College Theses 2010 - 2019

This paper examines how technological developments in widely used recording devices and social networking sites have impacted scrutiny of police action. ―Police brutality‖ videos are becoming a popular trend on the internet, but various anti-wiretapping statutes have been interpreted to make such recordings illegal. Several case studies will be used, with a focus on Anthony Graber. Twelve states have strict anti-wiretapping statutes, three of which (Massachusetts, Illinois, and Oregon) are notably strict. This paper evaluates the constitutionality of these laws by looking to existing case law, as well as the First and Fourth Amendments of the U.S. Constitution. In light …


From Borders To Neighborhoods: Explaining The Shift Toward State And Local Immigration Law Enforcement In The United States., Erika Cadena Jan 2011

From Borders To Neighborhoods: Explaining The Shift Toward State And Local Immigration Law Enforcement In The United States., Erika Cadena

Harriet L Wilkes Honors College Theses 2010 - 2019

Immigration law enforcement has historically been a federal responsibility. The 1996 enactment of section §287 (g) of the Illegal Immigrant Reform and Immigrant Responsibility Act represented a major change, allowing state and local officers to be trained to perform the legal functions of immigration officers through Memorandums of Understanding (MOAs) with the federal government. Despite this change, few states utilized the MOA process until after the terrorist attacks of September 11th, 2001. Following the attacks, there has been a steady increase in both the number of MOAs and other forms of local and state immigration enforcement (such as Arizona's SB …


Rompiendo Las Cadenas De Injusticia: El Caso Para Juzgar A Los Combatientes Enemigos Justamente, Alan R. Gray Jan 2011

Rompiendo Las Cadenas De Injusticia: El Caso Para Juzgar A Los Combatientes Enemigos Justamente, Alan R. Gray

Harriet L Wilkes Honors College Theses 2010 - 2019

In Boumediene v. Bush, the Supreme Court held that individuals detained as enemy combatants at U.S. Naval Base Guantánamo Bay (GTMO) during the War on Terror are constitutionally entitled to the writ of habeas corpus. In so finding, the Court failed to thoroughly investigate the nature of the United States‟ relationship with Cuba – an investigation that would have indicated that procedural due process also ought to be extended to those detained at the base. In this thesis, I review the legal battle over enemy combatants, evaluate the writ of habeas corpus as a remedy for unlawful detention, examine the …


Atrophy Or Progress? Evaluating The Evolution Of Environmental Policy By Comparing Large Scale Oil Spills In The United States, Nicole Henken Jan 2011

Atrophy Or Progress? Evaluating The Evolution Of Environmental Policy By Comparing Large Scale Oil Spills In The United States, Nicole Henken

Harriet L Wilkes Honors College Theses 2010 - 2019

Many political theorists accept that focusing events effect the cycle of environmental policy change without agreeing on the specifics of how events impact the construction of legislation. Pessimistic theories (consisting of Down’s “Issue Attention Cycle” and Freudenburg’s “Atrophy of Vigilance”) and optimistic theories (including the “Punctuated Equilibrium Model” and Busenberg’s “Evolution of Vigilance Model”) offer opposing views of policy creation. As focusing events, the Exxon Valdez and Deepwater Horizon oil spills together serve as effective cases for assessing and comparing the validity of pessimistic and optimistic policy change models. The analysis of each set of theories adds to the understanding …