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 …

The Private And Social Costs Of Patent Trolls, James Bessen, Jennifer Ford, Michael J. Meurer

Faculty Scholarship

The emergence of nonpracticing entities (NPEs) — firms that purchase and hold patent rights but neither innovate themselves nor use the patents in the production of goods — is supposed to incentivize innovation by providing a ready market for innovators. We test this idea empirically and find that NPEs produce little returns for innovators or for their own shareholders, but they place significant costs on productive firms that violate patents inadvertently. Indeed, it appears that NPEs — often disparagingly called “patent trolls” — discourage productive firms from innovating for fear that they will then be subject to a patent troll …

Obamacare's (3) Day(S) In Court, Abigail Moncrieff

Faculty Scholarship

Before the oral arguments in late March, the vast majority of legal scholars felt confident that the Supreme Court of the United States would uphold the individual mandate against the constitutional challenge that twenty-six states have levied against it. Since the oral argument, that confidence has been severely shaken. This article asks why legal scholars were so confident before the argument and what has made us so concerned since the argument. The article posits that certain fundamental characteristics of health insurance - particularly its unusual role in steering healthcare consumption decisions, which distinguishes health insurance from standard kinds of indemnity …

The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre

Faculty Scholarship

The efficiency of the common law hypothesis has generated a large bulk of literature in the last decades. The main argument is that there is an implicit economic logic to the common law; the doctrines in common law provide a coherent and consistent system of incentives which induce efficient behavior.

We start by observing that if the common law is overall evolutionarily efficient, we are left with no explanation for the important doctrinal differences across common law jurisdictions. The observation is more striking if we keep in mind that presumably the de jure initial condition was the same, namely English …

Yayoi Kusama: Biography And Cultural Confrontation, 1945–1969, Midori Yamamura

Dissertations, Theses, and Capstone Projects

Yayoi Kusama (b.1929) was among the first Japanese artists to rise to international prominence after World War II. She emerged when wartime modern nation-state formations and national identity in the former Axis Alliance countries quickly lost ground to U.S.-led Allied control, enforcing a U.S.-centered model of democracy and capitalism. As a result, the art world became increasingly internationalized. This interdisciplinary study is the first attempt to comparatively examine postwar artistic developments in Japan, the United States, and Europe, through a focus on Kusama. I consider Kusama not so much in terms that seek to aggrandize the uniqueness of the individual, …

Recollecting Turbulence: Catastrophe And Sacrifice In The "History Of My Life" By Henry Darger, Carl Watson

Dissertations, Theses, and Capstone Projects

This study of "The History of My Life" the 5,086 page autobiographical text by the outsider artist/author Henry Darger, uses non-linear modes of analysis, such as chaos and complexity theory, to explore the meaning of Darger's epic narrative. Beginning with the idea that turbulence, seemingly chaotic, actually comes about as a compensatory restructuring of inadequate or unstable system dynamics, this study goes on to show that, as both influence and effect, turbulence is found at every level of Darger's life and art, both in theme and structure. "My Life" is a prime example: an extended narrative describing a cataclysmic tornado, …

Epistemic Uncertainty Analysis: An Approach Using Expert Judgment And Evidential Credibility, Patrick Hester

Engineering Management & Systems Engineering Faculty Publications

When dealing with complex systems, all decision making occurs under some level of uncertainty. This is due to the physical attributes of the system being analyzed, the environment in which the system operates, and the individuals which operate the system. Techniques for decision making that rely on traditional probability theory have been extensively pursued to incorporate these inherent aleatory uncertainties. However, complex problems also typically include epistemic uncertainties that result from lack of knowledge. These problems are fundamentally different and cannot be addressed in the same fashion. In these instances, decision makers typically use subject matter expert judgment to assist …

Editorial: International Journal Of Critical Infrastructures, Holly Ann Heine Handley, C. Ariel Pinto, Adrian V. Gheorghe

Engineering Management & Systems Engineering Faculty Publications

(First paragraph) This special issue of the International Journal of Critical Infrastructures is a compilation of the papers presented at the Fourth Annual Conference on Next Generation Infrastructures held in Virginia Beach, Virginia, in November, 2011. This conference was sponsored by Old Dominion University, Norfolk, Virginia, USA and by the Next Generation Infrastructures Foundation, Delft, The Netherlands. The participants travelled from around the globe to converse about ideas that address both concerns for the present and optimism for the future of critical infrastructures. The conference, held in the USA for the first time, provided a platform for vibrant discussions on …

An Analysis Of Factors Affecting The Effective Use Of Knowledge Management In Counter Improvised Explosive Device (C-Ied) Operations, Umit Gencer, Rafael E. Landaeta, Resit Unal, C. Ariel Pinto, Gokay Sursal

Engineering Management & Systems Engineering Faculty Publications

Improvised Explosive Device (IED) is a weapon of choice and is likely to remain a major component of the Global War on Terrorism. It is critical that gaps in knowledge transfer are quickly addressed in order to more effectively equip personnel to counter IED (C-IED) threat. Therefore, the military must analyze the current Knowledge Management (KM) programs in C-IED arena in order to maximize transfer of knowledge derived from experience and skill to staffs and finally to commanders. This study investigates the factors that influence effective use of KM in C-IED operations in the military. The study suggests that effective …

On Critical Infrastructure Interdependency, Polinpapilinho F. Katina, C. Ariel Pinto

Engineering Management & Systems Engineering Faculty Publications

Developing effective protection, mitigation, and recovery measures for critical infrastructure (CI) systems is paramount in the wake of increasing natural and manmade hazards, risks, and threats. Influencing protection, rescue, and recovery measures are interplays (i.e., interdependencies) among infrastructure systems. Understanding interdependencies plays an essential role in minimizing and reducing cascading failures among complex interdependent infrastructure systems. This paper asserts that deployment of protection, mitigation, and recovery solutions can have little effect on infrastructure management if infrastructure operators and policymakers have partial understanding of infrastructure interdependencies. Using narrative research, authors illustrate that effective coordination and response for protection, mitigation, and recovery …

Agile Knowledge Management: A Review, Reconceptualization, And Extension To Military Applications, Dogan Ozturk, Rafael E. Landaeta, Resit Unal, Cesar Ariel Pinto, Gokay Sursal

Engineering Management & Systems Engineering Faculty Publications

This study contributes to the literature by integrating agility in knowledge management (KM) operations, especially in military environments via major findings of (a) introducing a new approach to KM with integration of 'agility'; (b) articulating the application of an enhanced process of Agile Knowledge Management (AKM) across the military. The purpose of the study is to explore the conceptual background of agility in KM, re-conceptualize it and extend it to military applications with a special focus on counterinsurgency (COIN). An initial qualitative exploration of agility in KM was performed. Three different concepts and their interrelationships were analyzed: (a) KM, (b) …

Project-Risk Management And Decision Analysis In Maritime Maintenance And Repair, Michael C. Plumb, C. Ariel Pinto, Rafael Landaeta, Resit Unal, Thomas Murphy

Engineering Management & Systems Engineering Faculty Publications

The purpose of this paper is to provide insights regarding the implementation of using Project Risk Management (PRM) and Decision Analysis (DA) in managing projects for complex systems such as maritime vessels. The PRM approach apprehends many forms of risk both internal and external within a given project and assists the manager in determining the level of importance of each individual project phase and component to optimize project success. Ship Maintenance and Repair project decision-making requires that risk management and risk analysis techniques be applied in order to guide management in making better decisions to meet ship service life perspective. …

Identification And Implementation Of Patterns Towards A Model Of Environmental Sustainability, S. Jimmy Gandhi, Santiago Perez, Danial Rushton, Robert Cloutier, Ipek Bozkurt, C. Ariel Pinto

Engineering Management & Systems Engineering Faculty Publications

Much like the Quality Revolution did in the 1980's, corporate sustainability has the potential to drive significant changes in the processes and structure of various organizations in the coming decade. With a rapidly growing global population and an ever increasing global demand for resources (Population-Resource-Center, 2012). Sustainability has emerged as one of the primary challenges that organizations will have to deal with in the 21st century. An increasing realization among business executives that profitability by itself is not enough as a measure of success is also driving the increased adoption of sustainable practices in the corporate world (Lowitt and Grimsley, …

Using Agent-Based Modeling To Simulate The Foreclosure Contagion Effect, Andrew J. Collins, Michael J. Seiler

Engineering Management & Systems Engineering Faculty Publications

A foreclosed property can have a negative impact on the prices of other properties within its neighborhood and these reduced property prices can lead to further foreclosures within the neighborhood; this is known as the foreclosure contagion effect. This effect has been demonstrated, within the real estate literature, to occur. Traditionally, real estate research have used statistical regression to analysis this issues. The application of Agent-based Modeling and Simulation (ABMS) has risen in the last 15 years and has successfully been used to model complexity situations, e.g., the real estate market. ABMS offers a way to explore the impact of …

Simulation Visualization Rhetoric And It's Practical Implications, D'An Knowles Ball, Andrew J. Collins

Engineering Management & Systems Engineering Faculty Publications

Modeling and simulation has moved far beyond simple data representation into the world of visual communication over the past 15 years; ultimately, the acceptance of M&S within mainstream science and society will depend on the results that are produced visually. A simulation’s function is of primary importance to its end result, but it cannot be denied that the discipline of M&S now prizes fancy graphics to communicate. Rhetorical methodological decisions have the greatest impact on the end user, and considerations that bring visual rhetoric to modeling and simulation should be examined as a necessity to application. This paper will expose …

Service Learning And Student Organization Initiatives: Facilitating Leadership Among Graduate Students, Veronica Jackson

Internet Journal of Allied Health Sciences and Practice

The coordination of service learning experiences can play an important role in the leadership development of allied health professionals. Potential allied health professionals can benefit from participation in service learning and co-curricular activities that relate to their curriculum. Peer mentorship can be utilized to facilitate student engagement in co-curricular activities that can assist in the development of leadership skills, technical skills, and other skills required for their profession. The purpose of this article is to identify a leadership model that can be utilized through student organizations in allied health profession education. One model that can be used to facilitate leadership …

Psychological Consultation In Rehabilitation, Jihong Park, Alan Nasypany

Internet Journal of Allied Health Sciences and Practice

Patients’ emotional well-being highly affects the outcomes of rehabilitation. Psychological interventions enhance the rehabilitation process. We describe a normal rehabilitation curve in which injured patients experience a cycle of emotional highs and lows. We also suggest a four-step consulting strategy to address these emotional changes during the rehabilitation process: (1) In which stage of change is the patient? (2) Does the clinician know the patient’s personality? (3) What are the goals of the patients and the clinicians? and (4) Does the patient adhere and stay motivated? Clinicians should explain the rehabilitation curve and use the four step strategy, so that …

Students’ Academic Motivations In Allied Health Classes, Trent Maurer, Deborah Allen, Delena Bell Gatch, Padmini Shankar, Diana Sturges

Internet Journal of Allied Health Sciences and Practice

Purpose: Human Anatomy & Physiology [HAP] courses are considered “difficult” by both faculty and students, and many students fail to pass the courses. An attempt was made to understand how students’ academic motivations may contribute to their success or failure in these courses. Method: The project used a non-experimental design with a convenience sample. Students in five sections of HAP I and HAP II were invited to complete an anonymous 42-item questionnaire that included an adapted version of the Academic Motivation Scale [AMS], six demographic questions, and eight questions about their academic behaviors in and perceptions of their HAP course. …

Culture Shock: Transitioning From Clinical Practice To Educator, Leamor Kahanov, Lindsey Eberman, Adam Yoder, Moti Kahanov

Internet Journal of Allied Health Sciences and Practice

Transitioning from doctoral preparation to the academy is a stressor for most new faculty, particularly among academicians in the medical and health professions where role strain may include clinical responsibilities as part of faculty load. The proliferation of clinical doctorates and terminal clinical allied health degrees has increased the need for both traditionally trained educators, but also faculty with clinical doctorates or terminal clinical degrees (CDF) to augment the curriculum. CDF may not have the background in academia typically acculturated in a traditional doctoral degree. A lack of socialization during clinical doctoral preparation may lead CDF to develop unrealistic expectations …

Assessing Knowledge Acquisition Of Students: Impact Of Introduction To The Health Professions Course, Susan Hawkins, Mark Hertweck, Joyce Salls, John Laird, Anthony J. Goreczny

Internet Journal of Allied Health Sciences and Practice

Purpose. Undergraduate students interested in health careers often possess limited knowledge regarding the scope ofpractice of various health professions, particularly in allied health. Because of this, students sometimes enter a course of study in a field that is not compatible with their career plans or abilities. To date, there has been limited research exploring strategies to assist students in gaining knowledge of health careers. The purpose of this study was to investigate effectiveness of an Introduction to the Health Professions course on students Methods. Sixty-one undergraduate students who enrolled in an Introduction to the Health Professions course over five years …

Ten Points To Address When Publishing A Manuscript, Angelia Gamer, Angela Morey, Gongchao Yang, Fazlay Faruque

Internet Journal of Allied Health Sciences and Practice

The completion of a carefully planned and time consuming research project is a milestone for many researchers; however, the journey does not end there. The next phase involves sharing that knowledge with the scientific community at large. A published manuscript describing the research findings allows others to learn from and expound on that information so that society ultimately benefits. The preparation of a manuscript requires much time and careful consideration. There are many principles to apply in order to make sure that a manuscript is accepted for publication. Authors must maintain their sense of purpose throughout the publication process in …

A Systematic Review On Various Modes Of Exercise On People With Parkinson's Disease, Indrani Sinha Roy, Susanta Sinha Roy

Internet Journal of Allied Health Sciences and Practice

Purpose: It is important to understand the benefits of exercise for patients with Parkinson's. Methods: A literature search in MEDLINE, CINAHL, WEB of SCIENCE, and Cochrane database was carried out. In this particular study, we focused on the articles that reflected the effectiveness and efficacy of exercise on PD patients. Randomized Controlled Trials (RCTs) were included for the review to investigate the various modes and effectiveness of exercise being offered to PD patients. Results: 10 published RCTs were included in the review, and they were rated as high quality by the PEDro Scale. The RCTs involved 579 patients altogether. The …

Facebook: Shifting Privacy, Identity, And Power Online, Rachel Verni

Dissertations, Theses, and Capstone Projects

Due to staggering technological shifts in recent decades, the Internet has become a routine fixture in everyday life. The popularity of social networking sites, in particular, raises myriad questions regarding identity construction and social interaction. It is also unclear how these practices are related to perceptions of privacy. This dissertation examines how traditional notions of privacy compare, and apply, to privacy on the Internet and considers how issues of power are (re)created in online spaces. By focusing on identity enactment strategies and social connectivity practices, this work sheds light on the ways in which individuals define privacy and choose to …

The Metaphysics Of Improvisation, Tobyn C. Demarco

Dissertations, Theses, and Capstone Projects

In "The Metaphysics of Improvisation," I criticize wrongheaded metaphysical views of, and theories about, improvisation, and put forward a cogent metaphysical theory of improvisation, which includes action theory, an analysis of the relevant genetic and aesthetic properties, and ontology (work-hood).

The dissertation has two Parts. Part I is a survey of the history of many improvisational practices, and of the concept of improvisation. Here I delineate, sketch, and sort out the often vague boundaries between improvising and non-improvising within many art forms and genres, including music, dance, theatre, motion pictures, painting, and literature. In addition, I discuss the concept of …

Global Wreckage And Consumer Illusions: Responses To The Human Effects Of Economic Globalization In Sub-Saharan African Francophone Novels And Films, 1973-2006, Sara C. Hanaburgh

Dissertations, Theses, and Capstone Projects

My study examines a group of nine novels and films set in Ivory Coast, Mali, Senegal, Cameroon and Gabon written and produced between 1973 and 2006 in which "the West" and its international finance network are depicted as the fundamental contemporary world power that wields a destructive dominance over African countries. These forms of control are in many ways similar, yet distinct, from the projects of European imperialism. I analyze consumerism as a major feature of globalization, and discuss the linkage of globalization and the consumer society by looking at various theoretical models, in particular that which Jean Baudrillard conceptualized …

Can Professional Development Improve Teachers’ Perceptions About Inclusive Teaching In An Inner City School, Solomon Homidas

Abraham S. Fischler College of Education ETD Archive

This applied dissertation examined the question of whether professional development can improve teachers’ perceptions of inclusive teaching in an inner city school. The study drew upon survey methods to collect measurements of teachers' perceptions about inclusive teaching before and after professional development sessions. The hypothesis was that exposure to professional development would give teachers an improved impression of inclusive teaching, which in turn could make them more committed to the inclusive teaching paradigm. If the hypothesis was correct, the study would show that professional development should be considered an important component of developing teachers who work in inclusive settings, especially …

The Effect Of Principal Leadership On New Teacher Retention Rates, James A. Avila

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to provide increased knowledge of the effect of principal leadership on new teacher retention. When compared to other mobility rates, the new teacher attrition rate is higher; new teachers leave the school systems at faster rates than they can be replaced (Darling-Hammond & Sykes, 2003; Ingersoll & Smith, 2003; “NEA Study,” 2005; “Support new teachers and keep them teaching,” 2005; Watkins, 2005). The failure to retain new teachers often results in fewer quality teachers and poorer levels of instruction (Brown & Wynn, 2009). This study speculates that principal leadership, specifically instructional leadership, directly affects new …

Evaluating The Effectiveness Of Student Life Skills Courses In The Social And Academic Integration Of Community College Students, Lourdes M. Perez

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to determine if Student Life Skills (SLS) courses impact the social and academic integration of community college students. Additionally, due to the unique demographics of the student population of the research setting, this study also examined if factors such as native language, income and employment workload impact the social and/or academic integration of students enrolled in a community college.

The writer developed an instrument using the Institution Integration Scale (IIS) consisting of 30 items constructed to assess the dimensions of academic and social integration. The instrument requires respondents to indicate their involvement with faculty, staff, …

Effects Of Participative Leadership On Teacher Job Satisfaction, Rachaniphorn Ngotngamwong

Abraham S. Fischler College of Education ETD Archive

With the astronomical rates of teacher turnover caused mainly by teacher dissatisfaction, school administrators are currently faced with the big challenge of retaining teachers. This problem is faced worldwide, and one of the main factors of teacher dissatisfaction is the lack of their participation in school decisions. The purpose of this study was to examine if a relationship existed between participative decision-making processes and teacher job satisfaction. A quantitative cross-sectional survey research design was used to examine two research questions: 1. To what degree is the practice of participative leadership perceived by schoolteachers in private schools in Bangkok, Thailand? 2. …

An Evaluation Of A 21st Century After-School Tutoring Program At A Rural County Middle School, Jimmy H. Ramey

Abraham S. Fischler College of Education ETD Archive

The purpose of this research was to evaluate a 21st century after-school tutoring program at a rural middle school. The program was designed to improve achievement, attendance, and behavior.

The evaluation sought to determine if the components were implemented as designed. It also sought to determine what components should be sustained and any unanticipated effects. The evaluation was guided by Stufflebeam’s (2003) CIPP evaluation model. Only the process and product evaluation types were used. Empirical, interview, and survey data were gathered to answer the research questions. In addition, there was a review of various archival documents. Results from the evaluation …