Digital Commons Network^™

Race, Brain Science, And Critical Decision-Making In The Context Of Constitutional Criminal Procedure, Christian M. Halliburton

Faculty Articles

This article surveys current and emerging neuroscience research that is uncovering deep cognitive-level and unconscious connections between race or racial constructs, perception, and decision making. Using those findings as a platform for consideration, the article addresses several implications that these cognitive patterns might have for the particular kinds of perceptual experiences and decision making opportunities that are relevant in the context of criminal law enforcement and police procedure, and begins to evaluate the influence that these cognitive trends may have on the development of specific legal regulatory mechanisms and their application to the larger law enforcement complex.

Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, Natasha T. Martin

Faculty Articles

This article explores the meaning of workplace discrimination where reality meets the imaginary world in virtual work settings. Using a more recent development in the realm of virtual work--workplace avatars--the article considers the impact on law of virtual performance identity by workers where appearances can be altered in virtual reality.

Current protected-class approaches to antidiscrimination law have not served as the antidote to workplace bias and exclusion. Thus, the article investigates whether avatar technology holds promise for facilitating greater inclusion of marginalized workers in the contemporary workplace. Does this mode of virtual work serve as a platform for diversity or …

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Faculty Articles

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Aba In Native American Homes: A Culturally Responsive Training For Paraprofessionals, Belinda Naomi Najera

Theses and Dissertations

This project attempts to create a dialogue about respectful service delivery to Native American families with a child diagnosed with an Autism Spectrum Disorder (ASD). Improving interactions between professionals and Native American families can not only advance the ASD child's cognitive and behavioral gains, but also respectfully honors the beliefs of the caregivers. A systematic search of pertinent peer-reviewed empirical sources in the areas of Autism, paraprofessional training, and multicultural psychology was conducted to develop a training resource for paraprofessionals providing home based ABA tutoring. The completed resource is comprised of three training modules, which are intended to be presented …

The Relationship Of Apathy To Executive Functioning Among Hiv-Positive Adults, Sloane Kimberly Miller

Theses and Dissertations

As the HIV population ages and HAART extends the life span of older HIV+ individuals, it is important to address the neuropsychological, cognitive, and emotional manifestations of HIV in this sub-population. The purpose of the present study was to examine whether apathy and depressive symptoms were associated with executive functioning in older HIV+ individuals. This archival study explored whether four items from the Beck Depression Inventory, Second Edition (BDI-II) could serve as an index of apathy and whether higher scores on these items would be related to greater impairment on measures of executive functioning. The sample consisted of 95 older …

African/Black Psychology: A Qualitative Investigation Of Distinguished Black Psychologists, Nichole J. Mckenzie

Theses and Dissertations

Over the past 40 years, researchers have made numerous attempts to document and expand upon the literature surrounding the development of African/Black psychology. Yet little is known about the contextual factors that might have influenced individual decisions to become involved in the movement. This study examined the early life experience of 13 Black psychologists whose autobiographies were published in Robert Williams (2008) book, History of the Association of Black Psychologists: Profiles of Outstanding Black Psychologists. Data for this study were analyzed utilizing a qualitative research approach. Themes that arose from the analysis included: (a) direct exposure/awareness of oppressive social, political, …

Motivation And Learning Strategies: A Correlational Study Of Employee Training, Cynthia Lee Parmenter

Theses and Dissertations

Increasing the effectiveness of learning within the workplace continues to be a focus for organizations. Given that people will work for many more years than the traditional 30 years of generations past, combined with the ever changing economic environment, individuals and companies must continually improve skills. Previous research has focused on the areas of motivation, self-regulated learning, and instructional design. Within the financial services industry, many analytical skills are required. Because analysis is vital to financial success, organizations spend significant sums of money providing in-depth training. The institution involved with this study uses a vendor that provides online financial analysis …

Initial Construct Validation Of The Color Figure Mazes Test, Kimberly Lee Smith

Theses and Dissertations

Measurement of cognitive abilities across diverse ethnocultural and racial groups has a contentious history, with broad politico-legal, economic, and ethical impact. There is an abundance of literature on attention, concentration, and executive functioning. However, specific literature pertaining to traditionally under-served populations, linguistic minorities and those with low education and literacy levels are limited. This study reports data gathered in an attempt to validate a Spanish language instrument of frontal lobe functioning, called the Color Figure Mazes Test, on monolingual Spanish speaking male day laborers. The instrument was originally developed by the World Health Organization (WHO) and the University of California, …

Lessons From Social Psychology For Complex Operations, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.

A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Government regulation and licensing of industrial activities that create the possibility of catastrophic risk reflect “a political value judgment that these activities provide a social benefit that is greater than the social cost of the risks that they cause.” However, when a catastrophic accident occurs, the cost-benefit evaluations underlying the value judgment that authorized the activity may need to be rethought. Social rethinking is especially warranted when the accident could have been prevented had either the industry or the government more seriously assessed the risk of a catastrophic event and implemented precautionary steps to avoid it. This was the conclusion …

The Importance Of Water-Based Ecosystem Services Derived From The Shoshone National Forest, Christopher Aden Armatas

Graduate Student Theses, Dissertations, & Professional Papers

There is a wide range of goods and services being provided to humans by water resources (e.g. hydropower and recreation), but there is also a diversity of stakeholders that require or desire these benefits, also known as water-based ecosystem services, for everyday life. Land managers working for the United States Department of Agriculture Forest Service in the semi-arid Rocky Mountain Region are tasked with the difficult job of managing scarce water resources in the face of competing human pressures and natural forces (e.g. climate change). Water management decisions on public lands can potentially impact the availability of a wide range …

Studies Directed To The Development Of Long Lived Palladium Membranes For Hydrogen Purification, William Glenn Pinson

Graduate Student Theses, Dissertations, & Professional Papers

The focus of this study was to systematically investigate the variables involved in electroless deposition of palladium and palladium alloy membranes on a known porous stainless steel substrate, and apply the results to a new and novel porous stainless steel substrate. Different oxide pore and surface treatments were studied. The effect of silica as a diffusion barrier, surface pore modifier, and palladium nucleation site was examined. Silica sol-gel coating treated stainless steel substrates were explored. Several different formulas of sol-gel coatings and their impact on palladium and palladium copper deposition were researched. The roles of sintering and annealing and their …

What Predicts Terrestrial Invertebrate Subsidy Use By Brook Trout (Salvelinus Fontinalis) In Headwater Streams?, Matthew Kestrel Wilson

Graduate Student Theses, Dissertations, & Professional Papers

Spatial subsidies provide critical resources for organisms in receiving habitats, particularly when production in those habitats is low. While it is clear that terrestrial invertebrates provide a critical subsidy for trout, including eastern brook trout (Salvelinus fontinalis), we have limited understanding of what causes input and use of these subsidies to vary among streams. Among the watershed characteristics that may influence input and use of terrestrial invertebrates, I predicted that forest succession stage would be especially important due to differences in terrestrial invertebrate biomass in early and late successional habitats. To test this prediction, I measured terrestrial invertebrate biomass, input …

Wilderness, A Spiritual Antidote To The Everyday: A Phenomenology Of Spiritual Experiences In The Boundary Waters Canoe Area Wilderness, Ian Foster

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to explore, describe, and explain the phenomena of spiritual experiences in wilderness. The motivations for the research included: growing interest in empirical studies on the relationship between spirituality and human health, increasing concern over human’s loss of spiritual relationships with nature, and personal curiosity about the wild and spiritual nature of wilderness experiences. Research was focused on overnight visitors traveling by canoe in the Boundary Waters Canoe Area Wilderness of northeastern Minnesota. Data from thirty-two semi-structured interviews was used to question, update, and improve understanding of the phenomena. Phenomenological interviews (interviews that situate comments …

Regulation Or Litigation: Using The American Legal System To Address Climate Change, Stacy Lynne Boman

Graduate Student Theses, Dissertations, & Professional Papers

While a growing scientific consensus recognizes that anthropogenic greenhouse gas emissions are contributing to the global phenomenon known as climate change, little progress has been made to pass comprehensive legislation addressing climate change. Many concerned with the effects of climate change have turned to the American court system as a means of addressing climate change or reducing greenhouse gases. Similar to the early litigation history of many environmental cases, climate change litigation has thus far been unsuccessful in holding major greenhouse gas emitters liable for the impacts of climate change. Plaintiffs have not given up, however. Many climate change cases …

It Took Me Years To Get Those Souvenirs/ Fragments Of A Fiction, Sarahjess Hurt

Graduate Student Theses, Dissertations, & Professional Papers

Hurt, Sarahjess, M.F.A., Summer 2012 Fine Arts Fragments of a Fiction Thesis Chair: Trey Hill Fragments of a Fiction is an examination of the differences between memory and experience. Through an exploration of both cultural and cognitive shifts I examine how societies, and more specifically, consumers, choose to remember some incidences and forget others. What tools do human beings use to promote some memories and deny others? This inquiry led me to question my own habits of memory, as well as those of others who have shared their stories. In my process, I try to understand the interplay between fact …

Consequences Of Aryl Hydrocarbon Receptor Activation In Crohn's Disease, Jenna Marie Benson

Graduate Student Theses, Dissertations, & Professional Papers

Activation of the aryl hydrocarbon (AhR), a ligand-activated transcription factor present in many immune cells, can trigger immunosuppressive responses through the generation of regulatory cells. Several AhR ligands exist in the diet including environmental contaminants, such as its prototypical ligand 2,3,7,8-tetrachlorodibenzo-pdioxin (TCDD), and natural sources, such as indole-3-carbinol (I3C) and indirubin. Crohn's disease, a chronic inflammatory state of the gastrointestinal tract, affects millions worldwide; however, the exact cause is unknown and treatments do not cure the disease. The role of the AhR in mucosal immune responses is not well understood to date so we aimed to understand the consequences of …

Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis

St. Mary's Law Journal

The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …

Strengthening Our Security: A New International Standard On Trade-Based Money Laundering Is Needed Now, Ross S. Delston, Stephen C. Walls

Case Western Reserve Journal of International Law

No abstract provided.

The Politicization Of Judgment Enforcement, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

The President And International Financial Regulation, David Zaring

Case Western Reserve Journal of International Law

No abstract provided.

Environmental Perceptions And Objective Walking Trail Audits Inform A Community-Based Participatory Research Walking Intervention, Jamie Zoellner, Jennie L. Hill, Karen Zynda, Alicia D. Sample, M. Kathleen Yadrick

Faculty Publications

Background: Given the documented physical activity disparities that exist among low-income minority communities and the increased focused on socio-ecological approaches to address physical inactivity, efforts aimed at understanding the built environment to support physical activity are needed. This community-based participatory research (CBPR) project investigates walking trails perceptions in a high minority southern community and objectively examines walking trails. The primary aim is to explore if perceived and objective audit variables predict meeting recommendations for walking and physical activity, MET/minutes/week of physical activity, and frequency of trail use. Methods: A proportional sampling plan was used to survey community residents in this …

Remedying The Misuse Of Nature, Sanne H. Knudsen

Utah Law Review

This Article continues the work of scholars who have urged a mended view of private property and others who have described the failings of environmental laws to protect ecosystems as interconnected wholes. Joining the existing dialogue, this Article tackles the uncomfortable and controversial issues of ethical obligations, private property rights, and public ownership: It describes the shared responsibility to avoid the misuse of nature, finding support for this responsibility in literature, religion, culture, science, and law. It explains how the study of ecology has led to more mature views on nature—views that recognize the utility of nature when allowed to …

A Minimalist Approach To Same-Sex Divorce: Respecting States That Permit Same-Sex Marriages And States That Refuse To Recognize Them, Robert E. Rains

Utah Law Review

Unlike most modern countries, the United States has no general law of domestic relations. The powers delegated in the Constitution to the Congress do not include the governance of family law. Moreover, the Bill of Rights provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, in 1890, the US Supreme Court unequivocally stated, “[t]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the …

The Common Law Of Disability Discrimination, Mark C. Weber

Utah Law Review

If this Article demonstrates nothing else, it shows that the common law is both a fruitful and too often ignored means of remedying disability discrimination. The present era may be the “Age of Statutes,” but common law has a potential for vitality in the effort against disability discrimination and merits further development.

Incentive For Innovation Or Invitation To Inhumanity?: A Human Rights Analysis Of Gene Patenting And The Case Of Myriad Genetics, Laurie E. Abbott

Utah Law Review

Though international organizations like the United Nations have made definitive declarations regarding the human rights implications of intellectual property rights and specifically rights to the human genome, the international outcry about patenting isolated human genes has been minimal. Specifically, it is yet to be determined how the international human rights community will respond to the view of U.S. courts that genes are patentable subject matter. If the U.S. Supreme Court eventually hears the Myriad case, its decision will likely draw international attention as a landmark intellectual property decision. If the Court does hear the case, chances are the international human …

Beyond The First Amendment: Shaping The Contours Of Commercial Speech In Video Games, Virtual Worlds, And Social Media, Jon M. Garon

Utah Law Review

By using the intersection of existing trade law with the traditional publicity rights doctrine, the developing law of cyberspace can be applied to digital interactive media in predictable ways designed to protect against consumer fraud and protect the legitimate commercial interests of endorsers without impinging on the First Amendment. The system requires the more granular analysis that courts and regulators have applied in traditional media for decades. By using the core principles of existing law, the concerns about technological innovation diminish and continued advancement of free speech can be promoted. The FTC and FCC provide an established road map to …

Floklore 2.0: Preservation Through Innovation, Sean A. Pager

Utah Law Review

The WIPO draft treaty on TCE/folklore is intended to be legally binding. Yet, the exclusive rights it would establish are largely untested. They risk unintended consequences that may cause far more harm than good. This Article has argued that by placing undue restrictions on adaptation and commercialization, a strong property rights model of TCE protection would inhibit the creative renewal on which the long-term survival of traditional culture depends. Placing a “no trespassing sign” on intangible heritage may preserve folkloric traditions in their “authentic” state, but to do so is to adopt the preservationism of a taxidermist.

The Behavioural Consequences Of Reduced Sea Water Ph In Decapod Crustaceans, Kate De La Haye

School of Biological and Marine Sciences Theses

The studies presented in this thesis were designed to investigate the effects of reduced sea water pH on the behaviour of intertidal decapod crustaceans, both within the context of the variations occurring naturally in the pH of rock pool habitats, and in relation to predicted changes to ocean pH resulting from ocean acidification and potential carbon dioxide (CO2) leaks from carbon capture storage (CCS) sites. Recent studies on marine fish have shown behavioural disruptions as a result of increased CO2 concentrations in sea water and reduced pH, but the effects on crustaceans are as yet unknown. The first two studies …

The Effects Of Manufactured Nanoparticles On Fish Physiology, Reproduction And Behaviour, Christopher Ramsden

School of Biological and Marine Sciences Theses

Over the last decade the development and use of nanomaterials (NMs) and nanoparticles (NPs) has increased at a great rate. As a result there is an ever increasing risk of exposing humans and wildlife to these potentially harmful materials. Titanium dioxide nanoparticles (TiO2 NPs) and carbon nanotubes (CNTs) are two of the most widely used NMs at present. Their potentially harmful effects on organisms and physicochemical properties have been investigated in a growing number of scientific studies. However understanding the level of risk they may pose is far from satisfactory. The present body of work has addressed various aspects of …