Digital Commons Network^™

The Ppaca In Wonderland, Gary S. Lawson, David B. Kopel

Faculty Scholarship

The question whether the Patient Protection and Affordable Care Act (“PPACA”) is “unconstitutional” is thorny, not simply because it presents intriguing issues of interpretation but also because it starkly illustrates the ambiguity that often accompanies the word “unconstitutional.” The term can be, and often is, used to mean a wide range of things, from inconsistency with the Constitution’s text to inconsistency with a set of policy preferences. In this article, we briefly explore the range of meanings that attach to the term “unconstitutional,” as well as the problem of determining the “constitutionality” of a lengthy statute when only some portions …

Resource Restraints: Rethinking Disclosure Of Individual Genomic Findings, Michael Ulrich

Faculty Scholarship

While there has been a seemingly endless debate over whether individual results should be disclosed in genomic research, the role that resources should play in determining a researcher's duty has been left unanswered. This commentary fills this void by fully examining how resource limitations constrain a researcher's duty to disclose. This paper is the first to anchor an obligation in the duty to rescue alone, and as a result, the first to find not only an ethical floor of what must be returned, but also a ceiling of the amount of resources that may be utilized to fulfill this duty. …

Defusing Implicit Bias, Jonathan Feingold, Karen Lorang

Faculty Scholarship

The February 2012 killing of Trayvon Martin has slowly reignited the national conversation about race and violence. Despite the sheer volume of debate arising from this tragedy, insufficient attention has been paid to the potentially deadly mix of guns and implicit bias. Evidence of implicit bias, and its power to alter real-world behavior, is stronger now than ever. A growing body of research on “shooter bias” reveals that, as a result of implicit bias, White and Black Americans are more likely to shoot unarmed Black men than unarmed White men. The problem has been diagnosed. What remains to be determined …

A Tale Of Two Cases: Urging Caution In The Prosecution Of Hiv Non-Disclosure, Isabel Grant, Jonathan Glenn Betteridge

All Faculty Publications

Two provincial Courts of Appeal have recently released unanimous decisions that clarify the law regarding the obligation imposed upon people living with HIV to disclose their HIV status prior to sexual relations. The decision of the Manitoba Court of Appeal in R v. Mabior and of the Quebec Court of Appeal in R c. D.C. must be seen against a background of increasing criminal prosecutions in Canada of people with HIV who allegedly do not disclose their HIV status to sexual partners. Since the first HIV nondisclosure prosecution in 1989, there have been over 120 prosecutions. A high proportion of …

Taking Threats Seriously: Section 264.1 And Threats As A Form Of Domestic Violence, Joanna Birenbaum, Isabel Grant

All Faculty Publications

An alarming number of women are in abusive relationships where violence and threats of violence pervade their lives. This article examines the offence of uttering threats in the Canadian Criminal Code, using the Manitoba Court of Appeal decision in R v O’Brien as a backdrop. We make two arguments. First, we argue that, in intimate relationships, threats of death and bodily harm are a form of domestic violence, often used by men in concert with physical violence and other forms of intimidation to control and dominate women. The Canadian criminal justice response to charges of uttering threats in intimate partner …

Kickbacks, Honest Services, And Health Care Fraud After Skilling, Joan H. Krause

Faculty Publications

No abstract provided.

Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii

Faculty Publications

No abstract provided.

Who Watches The Watchers In Public Corruption Cases?, Richard E. Myers Ii

Faculty Publications

No abstract provided.

The Health And Housing Specialist: An Emerging Job Classification To Support Aging In Place In Subsidized Housing, Paula C. Carder, Jenny Weinstein, Jacklyn Nicole Kohon

Institute on Aging Publications

As the U.S. population ages, the availability of workers with a basic understanding of aging and health-related services has not kept pace. This is true in traditional health care organizations such as hospitals and primary care clinics as well as in long-term care settings and senior housing, including subsidized housing, the focus of this report. Nearly 1.8 million older persons receive some form of publicly-subsidized rental assistance. Some subsidized housing providers, including those that operate buildings designated for older persons, are developing new systems of service delivery that would either coordinate or provide health screenings, physical activity programs, nutrition programs, …

People Of Snowy Mountain, People Of The River: A Multi-Agency Ethnographic Overview And Compendium Relating To Tribes Associated With Clark County, Nevada, Douglas Deur, Deborah Confer

Anthropology Faculty Publications and Presentations

The current document has been undertaken to assist agencies in meeting their obligations for federally mandated compliance and consultation with Indian tribes that have historical associations with Clark County. The document has been designed in part to provide an overview of the territorial associations of various tribes with ties to this area. This is accomplished using ethnohistorical documentation as well key legal documents, such as treaty language and Indian Claims Commission findings, that establish parameters for agency consultation responsibilities. Managers of Clark County’s federal lands have been eager to identify those tribes that are tied to the area in various …

Identifying Opinion Leaders And Their Activity On A Local Apparel Business Facebook Fan-Page, Jennifer Marie Galster

LSU Master's Theses

As technology continues to grow, new marketing opportunities arise. Facebook is an online social network that allows companies to understand their consumer base (Shih, 2011). Little research has been conducted to understand how Facebook is used as a marketing tool. Word of mouth advertising is created on Facebook fan-pages, business pages that allow consumers to interact with each other with User-Generated Content (UGC). Identifying opinion leaders on these fan-pages can help businesses understand their customers and help them build relationships with them on Facebook. The current research presents a qualitative approach to profiling users of a Facebook fan-page wall, identifying …

Transparency Norms, The World Trade System And Free Trade Agreements: The Case Of Ceta, Ljiljana Biuković

All Faculty Publications

Canada and the European Union (EU) are negotiating an ambitious Comprehensive Economic and Trade Agreement (CETA). While the content of the agreement has not yet been officially disclosed by its negotiators, the general public and the business community are already concerned about the scope and effect of CETA on the two economies and their societies. This article deals with CETA’s transparency provisions. It claims that, whereas CETA has not yet utilized external transparency to ensure support for the negotiations, it does have the potential for greater regulatory transparency in technical barriers to trade (TBT)- and sanitary and phytosanitary (SPS)-related matters …

The End Of 'Modes Of Liability' For International Crimes, James G. Stewart

All Faculty Publications

Modes of liability, such as ordering, instigation, superior responsibility and joint criminal liability, are arguably the most discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider socio-political objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they interpretative styles typical of human rights or aspirations associated with transitional justice. Strangely, however, complicity has avoided these criticisms …

Literacygrows.Org Cultivating An Online Platform For Teaching Professionals: A Formative Experiment Exploring The Effectiveness, Efficiency, And Appeal Of A Co-Constructed Online Platform For Professional Development, Susan Jean Beckley Hart

Theses and Dissertations--Curriculum and Instruction

The purpose of this formative experiment (Reinking & Bradley, 2008) was to describe the stages of development of an online platform that cultivated the growth of an online community of practice for teaching professionals. One hundred and forty-eight elementary school professionals participated in this study. Relying primarily on qualitative data, an iterative process of data gathering, analysis, and reflection was used prior to, during, and after the implementation of the intervention, LiteracyGrows.org, to describe performance and determine progress toward the pedagogical goal.

Qualitative data were coded for recurring themes derived from the following sources: interview data, user-profile information, Google Analytics, …

Student And Instructor Perceptions Of Factors Important For Student Success In Online And In-Person Algebra Classes At Somerset Community College, Richard S. Matika

Theses and Dissertations--Educational Policy Studies and Evaluation

Online mathematics courses at Somerset Community College (SCC) have traditionally had a lower retention rate than their in-person counterparts. This study looked at online and in-person students at SCC in the courses Intermediate Algebra and College Algebra. Beginning of semester student demographics were considered to determine whether or not the online and in-person student populations were comparable. End of semester student demographics, retention rates, and grades on the final exams were examined to determine whether or not there were patterns among completer students. Finally, a survey was administered to students and instructors to determine their perceptions of several factors …

You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens

Educational Policy Studies and Evaluation Faculty Publications

Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students’ online expression potentially violates campus conduct standards. This article provides a review of legal standards relevant to students’ online speech, including an examination of cases arising in an online context.

A Descriptive, Survey Research Study Of The Student Characteristics Influencing The Four Theoretical Sources Of Mathematical Self-Efficacy Of College Freshmen, Tonja Motley Locklear

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

The Sources of Middle School Mathematics Self-Efficacy Scale (Usher & Pajares, 2009) was adapted for use in this study investigating the impact that gender, race, sexual orientation, hometown location (rural, suburban, or urban), high school GPA, college GPA and letter grade of a mathematics course in the previous semester had on the four sources of mathematical self-efficacy of 102 college freshmen attending three small, private, liberal arts institutions. Even though this study found no interaction effects between the student characteristics, the four sources of mathematical self-efficacy, or the three subcategories of the vicarious experience construct, this study did find statistically …

Internationalization Of An African University In The Post-Colonial Era: A Case Study Of The University Of Nairobi, Iddah A. Otieno

Theses and Dissertations--Educational Policy Studies and Evaluation

This case study uses post-colonial and dependency theoretical lenses to investigate the forces influencing policy, procedures, and participation in international activity in the post-colonial African university environment of Kenya’s first national public university—the University of Nairobi (UoN). The research addresses (1) the approaches and strategies adopted by UoN to engage in international activity; (2) the changes that have taken place over time in international activity engagement at UoN since the attainment of political independence by the Republic of Kenya; and (3) the rationales driving participation in international activity. This investigation included library research, document analysis, multiple campus visits, and 20 …

Energy Drink Consumption (With And Without Alcohol) And Its Relationship To Risky Behavior, Risk Awareness, And Behavioral Intention In College Students, Julia K. Buchanan

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of this study was to assess the relationships between energy drink consumption (with and without alcohol) and other risky behaviors; students’ overall awareness level of the risks for consuming energy drinks; and overall behavioral intention to consume energy drinks among college students at the University of Kentucky. A total of 277 students enrolled during the Spring 2012 semester responded to the online survey, 46.5% (n=129) of which were considered energy drink users. Students classified as energy drink users participated in other risky behaviors more often than non-users (p=0.001). In addition, energy drink users exhibited a higher …

The Influence Of Corporate Leadership And Management Practices On A Public School District, Randall Paul Napier Jr.

Theses and Dissertations--Educational Leadership Studies

The purpose of this case study is to understand how management and leadership ideas that were present in Toyota Motor Manufacturing Kentucky influenced management and leadership practices adopted by Scott County Public Schools during 2002-2011. Data for the study were collected during the summer of 2011, using individual and focus group interviews including teachers, administrators, community and Toyota Motor Manufacturing Kentucky employees; on-site participant observations, and documents.

This study examined Scott County Public Schools implementation of the Quest for Useful Employment Skills for Tomorrow, the formation of The Center for Quality People and Organizations, changes in Science Technology Engineering Math …

The Impact Of Maternal Smoking In Kentucky And Effect Of The Giving Infants And Families Tobacco-Free Starts Pilot Project On Smoking Cessation And Birth Outcomes, Joyce Madeline Robl

Theses and Dissertations--Kinesiology and Health Promotion

Smoking during pregnancy remains a significant public health issue despite knowledge about the adverse maternal and fetal health effects. This research had six purposes: identifying effective smoking cessation strategies for low income pregnant women; identifying characteristics of Kentucky women who smoke during pregnancy; estimating the role of smoking on birth outcomes in Kentucky; exploring the impact of tobacco reduction on birth outcomes; identifying the characteristics of women participating in the Giving Infants and Families Tobacco-free Starts (GIFTS) pilot program; and evaluating the impact of GIFTS on smoking status and birth outcomes.

Seven randomized controlled trials targeting low income women with …

Measuring Job Satisfaction Among Kentucky Head Principals Using The Rasch Rating Scale Model, Xavier J. Webb

Theses and Dissertations--Educational Leadership Studies

The continued expansion of principals' responsibilities is having a detrimental effect on their job satisfaction; therefore, it is increasingly challenging to retain these important leaders. Effective principals can impact student learning and other vital outcomes; thus, it is important to be able to retain effective school leaders. Examining the perceived sources of principals’ satisfaction and dissatisfaction with their work has strong implications for policies and practices that can be implemented to increase principal retention.

The purpose of this study was to measure the job satisfaction of head principals in Kentucky. The research conducted was an exploratory study using survey research …

Professional Identity Development In Online Christian Theological Education: A Case Study Of Preparing Pastoral Practice Through Discursive Activity, Rovina L. Hatcher

Theses and Dissertations--Curriculum and Instruction

The purpose of this dissertation study was to explore the professional preparation of students in online classes at a Christian theological seminary. Concerns of theological education involve the capacity or incapacity of community development and somatic or embodied learning in online education. Using a theoretical framework drawn from communities of practice (Wenger, 1998), professional clergical preparation (Foster, Dahill, Golemon, & Tolentino, 2005), and Gee’s (2000-2001) dimensions of identity development, the researcher focused the analyses on students’ written texts located in the discussion board fora of the online courses. These records were examined for indications of formation of the professional identity …

Procreative Sex And Same Sex Parents, Jeffrey A. Parness, Zachary Townsend

Faculty Articles, Papers, and Other Scholarship

New state-sanctioned family units headed by couples in committed relationships are on the rise. They include marriages encompassing same sex couples, civil unions, and domestic partnerships. These new family units can originate in state statutes or in judicial decisions. The pace of change is so fast that new units occasionally replace units only recently recognized, as when same sex marriages replace civil unions or domestic partnerships. U.S. Supreme Court precedents permit broad governmental discretion in sanctioning new families and in recognizing parentage therein. Yet such discretion is limited by constitutionally-recognized parental rights and interests when children are born of sex. …

Digital Culture: An Autoethnographic Report On Assimilation And Self-Change, Kirsten M. Foslien

School of Education and Leadership Student Capstone Theses and Dissertations

The research question addressed was, what is one teacher's experience moving into the digital culture? This question was answered by performing an autoethnographic documentation of one teacher's assimilation into the digital culture. Using the reflective theory for transformational learning, the researcher studied how the move into the digital culture prompted self-transformation personally, and as a teacher. The research is focused on three main areas: personal journey, teacher implications, and balance. Many unexpected outcomes and revelations unfolded that revealed profound research on: adult learning, digital media culture, and the role of the teacher in today's changing world.

How Negative Affectivity Moderates The Relationship Between Shocks, Embeddedness And Worker Behaviors, Brooks C. Holtom, James P. Burton, Craig D. Crossley

Faculty Articles, Papers, and Other Scholarship

We integrated the unfolding model of turnover, job embeddedness theory and affective events theory to build and test a model specifying the relationship between negative shocks, on-the-job embeddedness and important employee behaviors. The results showed that embeddedness mediates the relationship between negative shocks and job search behaviors as well as counterproductive work behaviors. The study further examines the role of dispositional influences on reactions to negative workplace shocks and how these reactions affect organizational citizenship behavior, counterproductive work behavior and job search behavior. Results indicated a moderated-mediation effect of negative affectivity on each of these outcomes.

Reinhold Niebuhr's Ethics Of Rhetoric, Joseph E. Rhodes

LSU Doctoral Dissertations

This dissertation explores the writings of the American public intellectual and theologian Reinhold Niebuhr (1892-1971). My project is a unique contribution to Niebuhrian studies in that I approach these works from the perspective of a rhetorical theorist. My intention is to parse from Niebuhr’s editorial commentaries, his philosophical inquiries and lectures, his theological treatises, and his sermonic essays an specifically “Niebuhrian ethics of rhetoric.” In order to accomplish this task I investigate the rhetorical situation Niebuhr was embedded in and to which he was responding to at the turn of the twentieth century. Part of the analysis of his rhetorical …

Molecular Approaches To Detect And Control Cercospora Kikuchii In Soybeans, Ashok Kumar Chanda

LSU Doctoral Dissertations

Cercospora leaf blight (CLB) caused by Cercospora kikuchii, has become a troublesome disease in the southern United States. C. kikuchii produces a non-hostspecific phytotoxin and a pathogenicity factor known as cercosporin during infection of soybean. A quantitative real-time PCR assay was developed for detection and quantification of C. kikuchii. The sensitivity of detection is 1 pg of genomic DNA. The assay detected the presence of C. kikuchii in soybean leaves long before the appearance of disease symptoms. C. kikuchii DNA levels in soybean leaves increased slowly during early soybean development, followed by a quick increase at late reproductive stages. Results …

Out Of Many, One: Glimpses Of The Usa By Charles And Ray Eames, The Family Of Man By Edward Steichen, And Universal Thought In Cold War Propaganda, Elizabeth Lane Altimus

LSU Master's Theses

America at mid-20th century was experiencing unprecedented growth and a flourishing economy. After surviving the devastating events of the Great Depression as well as World War II, the United States had emerged a superpower. But the US was not alone in this new role as the Soviet Union also experienced tremendous growth. From the late 1940s to the mid-1950s, the United States and the Soviet Union entered into the darkest days of the Cold War. The threat of Communism worked citizen and politician alike into a frenzy of fear while Joseph McCarthy became an infamous figure whose name is still …

Portraits Of Adolescence/Juvenile Delinquency: Something Written, Something Said, Something Constructed, Something Read, Marianne Fry

LSU Doctoral Dissertations

The purpose of this research is to examine the dominant narrative of adolescence/juvenile delinquency and to question what makes this discourse possible. I use a poststructuralist perspective that thoroughly questions, dismantles, reveals, and analyzes this discourse in order to uncover hidden or obscure motives that shape how we understand adolescent individuals. Keeping in mind that everything is a construction, I investigate how the discourse works rather than what it means, and in the process I search for whether or not power or some type of oppression is involved. While conducting the interrogation and analysis procedure of the dominant narrative, I …