Digital Commons Network^™

Using A Wiki To Teach College Level Academic Writing, Dawn Moore

Theses, Dissertations and Culminating Projects

Teaching writing by employing the tools made available by Web 2.0 technology allows students to meet the changing educational requirements for writing with technology. This paper argues that the wiki is a facile tool for teaching academic writing at the college level. It theoretically and pedagogically situates the wiki in a threedimensional rhetorical context. This paper also demonstrates how and why the wiki functions as a collaborative writing tool adhering to a socially constructed view of knowledge. As a constructive hypertext, wikis can be used to teach, clarify, reinforce, and deepen many fundamental writing skills. This paper reviews the body …

Are Politics Good For Your Health? Adolescents’ Political Ideology And Health Seeking Behavior, George Olekson Jr.

Theses, Dissertations and Culminating Projects

Political ideology is now considered a factor that can influence one’s self-rated health status. However, to date, no studies have assessed the relationship between differences in political beliefs and a person’s health behaviors with respect to prevention of acquiring influenza. In the present study, college undergraduates were surveyed to determine how their political ideology, political associations, perception of influenza as assessed by the Health Belief Model (HBM) - here meaning perceived severity, perceived susceptibility, perceived benefits of and perceived barriers to treatment, and self rated health status (measured by the Short-Form 36 Health Survey) would influence their likelihood of taking …

Effects Of Vocal Toning And Bio Acoustics Assessment On Pain And Bio Acoustics Vocal Profile, Crista Marie Orefice

Theses, Dissertations and Culminating Projects

The objective of this research study was to investigate the effects of vocal toning interventions informed by a BioAcoustics assessment tool on the perceived pain and the vocal profile in a participant diagnosed with fibromyalgia. The study employed a single case study design. The participant (N=l) was a woman diagnosed with fibromyalgia, who underwent a series of ten 25-minute music therapy treatments of vocal toning, twice a week, for five weeks. Vocal profile was recorded and measured with the BioAcoustics nano Voice program for each session, pre- and post-treatment. Perceived pain was measured using the Brief Pain Inventory (BPI) questionnaire …

An Examination Of The Emerging Feminist Voice In Zora Neale Hurston's Their Eyes Were Watching God And Kate Chopin's The Awakening, Fran Shultz

Theses, Dissertations and Culminating Projects

Zora Neale Hurston and Kate Chopin lived and wrote in different eras, but each woman was ahead of her time in terms of her depiction of women s roles and responsibilities in the patriarchal societies in which she lived. Due to the similarities in the feminist themes depicted by the female protagonists in Hurston s Their Eyes Were Watching God and Chopin’s The Awakening, this paper will trace the beginnings of a distinctly feminist voice emerging through these two works. Hurston’s portrayal of Janie’s journey to achieve autonomy represents the empowerment of the nascent African- American female voice within the …

The Elusive Ideal Of Market Competition In U.S. Health Care, Nathan Cortez

Faculty Journal Articles and Book Chapters

This chapter, in the book Health Care and EU Law (TMC Asser Press 2011), explores how market competition has both driven and (somewhat ironically) undermined U.S. health reform efforts over the past few decades. More than its peers, the U.S. health care system looks to market-inspired theories and policy instruments, even in public programs like Medicare. But decades of promoting market ideals has not given Americans the health care system we desire. Still, the market question remains the basic dividing line in U.S. health policy.

This chapter explores how the U.S. health care system remains an international outlier, exploring American …

Judging Women, Mitu Gulati, Stephen J. Choi, Mirya Holman, Eric A. Posner

Faculty Scholarship

Judge Sonia Sotomayor’s assertion that female judges might be “better” than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. We find that the male and female judges perform at about the same level. Roughly similar findings show up in data from the …

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Faculty Scholarship

During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …

The Creativity Effect, Christopher Buccafusco, Christopher Jon Sprigman

Faculty Scholarship

This Article reports the first experiment to demonstrate the existence of a valua­tion anomaly associated with the creation of new works. To date, a wealth of social science research has shown that the least amount of money that owners of goods are willing to accept to part with their possessions is often far greater than the amount that purchasers would be willing to pay to obtain them. This phenomenon, known as the endowment effect, may create substantial inefficiencies in many markets. Our experi­ment demonstrates the existence of a related "creativity effect." We show that creators of works value their creations …

Information Asymmetry And Information Failure: Disclosure Problems In Complex Financial Markets, Steven L. Schwarcz

Faculty Scholarship

Disclosure of information has been a key to regulation of the financial markets in the United States. Indeed, some have argued that the ‘exclusive focus [of federal securities regulation] is on full disclosure’ (Hazen, 2005). Yet there is relatively little dispute that although most if not all of the risks giving rise to the collapse of the market for structured securities backed by subprime mortgages were disclosed, the disclosure was ineffective. Disclosure failed because of the complexity of those securities and transactions.

This chapter examines disclosure’s insufficiency in addressing information asymmetry, arguing that complexity can cause information failure. There are …

Beyond Economic Substance: Interrogating The Full Impacts Of Third-Party Relationships In Tax Shelter Cases, Shu-Yi Oei

Faculty Scholarship

The evaluation of relationships between actors is an important preoccupation across many areas of law. The degree of respect accorded a relationship can give rise to significant legal consequences. No less so in tax law. Relationships between taxpayers and other parties are critical in triggering the realization events necessary to generate favorable tax consequences. And, where tax law refuses to respect such relationships, adverse tax consequences follow. This article analyzes the effects of relationality in tax shelter transactions. First, it discusses the importance of relationship evaluation in traditional assessments of whether a tax transaction has, “substance,” highlighting challenges faced by …

Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Julian Aiken, Femi Cadmus

Faculty Scholarship

No abstract provided.

Designing Incentives For Inexpert Human Raters, Daniel L. Chen, John J. Horton, Aaron D. Shaw

Faculty Scholarship

The emergence of online labor markets makes it far easier to use individual human raters to evaluate materials for data collection and analysis in the social sciences. In this paper, we report the results of an experiment - conducted in an online labor market - that measured the effectiveness of a collection of social and financial incentive schemes for motivating workers to conduct a qualitative, content analysis task. Overall, workers performed better than chance, but results varied considerably depending on task difficulty. We find that treatment conditions which asked workers to prospectively think about the responses of their peers - …

Unconstitutionally Male?: The Story Of United States V. Virginia, Katharine T. Bartlett

Faculty Scholarship

This article tracks the different views of gender equality reflected in United States v. Virginia, from trial through the various appeals, including the 1996 opinion of the United States Supreme Court, and through the actual integration of women into VMI. It highlights the fact that while many views of equality were represented in the case throughout its history, no party and no court addressed what is arguably the most objectionable feature of VMI, which was not that it excluded women, but that its "unique" pedagogical method was based on an explicitly demeaning and subordinating view of women.

Good Faith And Law Evasion, Samuel W. Buell

Faculty Scholarship

Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in socially undesirable activities to reshape conduct to avoid penalties. Sometimes this is deterrence. But if the new activity, as much as the old, contravenes the normative stance of the legal project, it is a failure of law. The problem of evasion warrants response in many fields - not least in criminal law despite the frequent and too simple assumption that legality-related values require narrow prohibitions that unavoidably permit evasion. Three common responses to evasion have serious deficits. Foregoing control of evasion is a mistake if …

The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann Mcginley

Faculty Scholarship

Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the …

Intra-Group Preferencing: Problems Of Proof In Colorism And Identity Performance Cases, Trina Jones

Faculty Scholarship

Historically, U.S. anti-discrimination law has been concerned with the total exclusion of certain groups from the workplace or from particular job categories within the workplace. Laws were directed at this across-the-board intolerance. As scholars (including Devon Carbado, Barbara Flagg, Mitu Gulati, Angela Harris and others) have noted, this is not the sole or arguably the primary way in which discrimination operates today. Homogeneous institutions and job categories are now suspicious (and presumably the market will no longer tolerate such places). Thus, instead of the wholesale exclusion of groups, what we are more likely to see is intra-group “screening” or “preferencing” …

Dangerous Categories: Narratives Of Corporate Board Diversity, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec

Faculty Scholarship

In this article, we report the results of a series of interviews with corporate directors about racial, ethnic, and gender diversity on corporate boards. On the one hand, our respondents were clear and nearly uniform in their statements that board diversity was an important goal worth pursuing. Yet when asked to provide examples or anecdotes illustrating why board diversity matters, many subjects acknowledged difficulty in illustrating theory with reference to practice.

This expressed reluctance to come to specific terms with general claims about the value of director diversity inspired our title phrase: dangerous categories. That is, while "diversity" evokes universal …

Adaptive Regulation In The Amoral Bazaar, Lawrence G. Baxter

Faculty Scholarship

Twelfth Oliver Schreiner Memorial Lecture,delivered on 20 October 2010 at the School of Law, University of the Witwatersrand, Johannesburg, South Africa. Many gradual changes in science, law and society are crystallizing to shape a significant transformation in administrative law. The doctrinal framework within which Justice Schreiner himself attempted to modernize how law should regulate government and private economic activity seems from our vantage point to be quite antiquated. In explaining why, my examples will come from the world of financial services, but they could easily be found anywhere in the area of law and regulation. First I will outline the …

The Milieu Of The Boardroom And The Precinct Of Employment, Deborah A. Demott

Faculty Scholarship

This Commentary explores differences between employer-employee relationships and service on a board of directors. Against this backdrop, this Commentary argues that the research findings surveyed by Brooke and Tyler (Jennifer K. Brooke & Tom R. Tyler, Diversity and Corporate Performance: A Review of the Psychological Literature, 89 N.C. L. REV. 715 (2011)), although specific to the employment context, may be salient in assessing the impact of diversity among members of a board of directors.

Showcasing Diversity, Mitu Gulati, Patrick S. Shin

Faculty Scholarship

Diversity initiatives are commonplace in today’s corporate America. Large and successful firms frequently tout their commitments to diversity, sometimes appointing women and racial minorities to highly visible posts, including seats on their boards of directors. Why would a profit-minded firm engage in such behavior? One frequently voiced explanation is that by creating such diversity, firms send out a positive signal about their attributes: a firm’s willingness to expend resources on diversity shows its commitment to workplace fairness and equality, which makes it more attractive to potential employees, customers and financiers. This claim has considerable surface appeal not only as an …

Showcasing: The Positive Spin, Katharine T. Bartlett

Faculty Scholarship

This Commentary outlines the positive case for showcasing diversity. Patrick Shin and Mitu Gulati criticize showcasing on the grounds that appointing women and minorities to board directorships is unreliable as a sign of true commitment to diversity and, further, that showcasing is detrimental to women and minorities because it treats them as objects or “prized trophies.” Drawing on social psychology, this Commentary highlights the mechanisms through which showcasing, despite the negative features emphasized by Shin and Gulati, also reinforces diversity values and strengthens the existing societal consensus in favor of diversity.

Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels

Faculty Scholarship

Downloadable Document is in German

Summary

1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.

2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and privatization …

Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott

Faculty Scholarship

This Article begins by introducing the doctrine of employment at-will and its contemporary operation, and applying the doctrine to the facts in Wilkes. The point of the exercise is making clear the impact of Wilkes from the standpoint of employment law. The Article next turns to scholarship examining the at-will rule as a default rule and the circumstances under which a default rule may become sticky. Against this background, the Article concludes by reexamining the holding in Wilkes along with subsequent developments in Massachusetts and other jurisdictions. These include the implications of buy-sell and comparable provisions in shareholder agreements. In …

Foreword: The Three And A Half Minute Transaction: Boilerplate And The Limits Of Contract Design, Mitu Gulati, Robert E. Scott

Faculty Scholarship

The Hofstra Law Review has organized an “Ideas” symposium around our book manuscript “The Three and a Half Minute Transaction” (see http://ssrn.com/abstract=1937900). The idea for this symposium came from a debate that occurred at a faculty workshop at the Hofstra Law School some months ago where we were presenting our book manuscript. The topics of conversation included the following: the future of the current big-law-firm model, what value lawyers add in commercial transactions that use boilerplate contracts, why (and whether) boilerplate contracts are so slow to change, why law firms do not generally have R&D departments, the resolution of the …

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee

Faculty Scholarship

No abstract provided.

Mental Health Services And Alternative Schools, Chasity D. Johnson

Theses, Dissertations and Capstones

With the number of children being placed into alternative school settings growing, it is of interest to know if mental health services are a beneficial addition to the traditional alternative programs. To research this issue, case studies of 48 children who had attended an alternative school were assessed. Participants included 48 students, half of whom had received only alternative school services while the other half had received alternative school services in addition to mental health services during their alternative school placement. Findings show no significant correlation between the hours of mental health services received and any of the following variables: …

Transition From High School To College : The Experiences Of Girls In Rural West Virginia, Leanne Arbor Olson

Theses, Dissertations and Capstones

A degree in higher education is increasingly important in our competitive economic environment, but a 30% gap exists between high-income and low-income students attending college (Bloom, 2005; Corrigan & Hartle, 2007). Rural and urban schools contend with issues of poverty and educational resources, while suburban schools work with "ample resources and stable populations" (Truscott & Truscott, 2005, p. 245). The purpose of this study was to better understand the enabling and constraining factors of five girls from rural, West Virginia as they transitioned from high school to college. Collaborative enthographic case study allowed the five students to be involved in …

Girls' Secondary Education In Uganda: Assessing Policy Within The Women's Empowerment Framework, Shelley Jones

Institute for Educational Development, East Africa

This paper makes the case that policies, such as the National Strategy for Girls' Education in Uganda (NSGE), intended to achieve gender equity in education for girls in developing countries, have limited relevance to, and impact on girls' actual educational experiences. Recent considerations of girls' education acknowledge that gender equity within education is more than access to schooling; it entails the cultivation of capabilities necessary for girls to participate fully, actively and equally in all aspects of their societies. Drawing on a longitudinal, ethnographic policy research case study with 15 Ugandan schoolgirls in rural Masaka District, Uganda, from August 2004 …

Intergroup Dialogue: An Evaluation Of A Pedagogical Model For Teaching Cultural Competence Within A Framework Of Social Justice In Social Work Programs, Mayra Lopez-Humphreys

Dissertations, Theses, and Capstone Projects

A quasi-experimental, non-equivalent comparison group design with pre, post and follow-up survey data was used to evaluate the effectiveness of an intergroup dialogue intervention on bachelor of social work (BSW) students' levels of cultural competence and social justice behaviors. The sample of convenience consisted of 115 who identified as social-work majors and participated in diversity courses, 76 were intergroup dialogue participants (Site IGD) and 39 were not (Site non-IGD). Five specific questions were explored in the study.

All 115 participants completed Lum's (2007) Social Work Cultural Competencies Self-Assessment and the Confidence in Confronting Injustice Sub-Scale (Multi-University Intergroup Dialogue Research project …