Digital Commons Network^™

Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communi- cation norms. Nowhere is this more apparent than with the hearsay exception for "present sense impressions." Changing communication practices typified by interactions on social media websites like Facebook and Twitter herald the arrival of a previously uncontemplated-and uniquely unreliable-breed of present sense impressions. This Article contends that the indiscriminate admission of these electronic present sense impressions (e-PSIs) is both normatively undesirable and inconsistent with the traditional rationale for the present sense impression exception. It proposes a reform to the exception that …

An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, J.B. Ruhl, David L. Markell

Vanderbilt Law School Faculty Publications

While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …

Codifying Custom, Timothy Meyer

Vanderbilt Law School Faculty Publications

Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported virtues, including systematizing, centralizing, and clarifying the law. These attributes are thought to increase the general welfare of those subject to legal rules, and therefore to justify and explain codification. The codification literature, however, overlooks codification’s distributive consequences. In so doing, the literature misses the primary motive for codification: to define legal rules in a way that advantages individual codifying institutions, regardless of how codification affects …

Extending The Local : Documentary Film Festivals In East Asia As Sites Of Connection And Communication, Tit Leung Cheung

Lingnan Theses

East Asian cinema is receiving increasing global attention. This attention is not focused merely on the fiction and feature films produced in the region, but also on the documentaries produced there; films such as Petition (2009) by Chinese director Zhao Liang which premiered at Cannes Film Festival in 2009. This attention to East Asian documentary can be traced to the documentary film festivals organised in the region, particularly those that devote their programming to independent documentary productions from the region. These festivals open a window that enables such works to be exhibited for the rest of the world.

But these …

Cooperative Vs Competitive Goals In Educational Video Games, Peter Smith

Electronic Theses and Dissertations

The concept of serious games, or using games and gaming technologies for purposes other than purely entertainment, became popularized with the creation of the Serious Games Initiative in 2002 and has continued to grow. While this trend may appear new, the use of games for learning has a rich history and the idea of using a game as a learning platform is an established concept that had has withstood the test of time. Research in this area must move from if games can teach, to how do we improve games that do. Proponents of serious games suggest that they should …

The Effects Of Synchronous Online Cognitive Strategy Instruction In Writing For Students With Learning Disabilities, Carrie Straub

Electronic Theses and Dissertations

This study investigates the effects of self-regulated strategy development (Harris, Graham, & Mason, 2009) for cognitive strategy instruction in persuasive writing (POW+TREE) using a synchronous online learning environment for special education students. Participants are four adolescent students with learning disabilities (LD) with low achievement in writing. One undergraduate research assistant delivered instruction using a synchronous online platform (e.g., Adobe Connect) in conjunction with collaborative writing software (e.g., Google Docs word processing). A multiple probe across participants design was used to demonstrate a functional relationship between instruction and number of essay elements (EE). Number of correct minus incorrect word sequences (CIWS) …

Keeping Church Goers Motivated: Church Worship Communication Study, Anne Trelstad

Electronic Theses and Dissertations

At a time when mainline Protestant churches in America are concerned with stagnant or declining worship attendance (Duin, 2008) a better understanding of worshippers' motivations could help church leaders plan and create positive worship experiences (Katt & Trelstad, 2009). This study extends the scope of the previous research of Katt and Trelstad by employing a larger sample of purposively selected churches. It attempts to more clearly answer the following question more clearly: What types of incidents serve as motivator and de-motivator factors in the church worship service setting? A sample of 105 church members from thirty-eight churches participated in a …

Accuracy Of The Peer Informant: What Characteristics Are Related To The Ability To Detect Behavior Problems In Peers?, Brea Anne Lauer

Electronic Theses and Dissertations

Victimization and rejection by peers leads to and exacerbates behavior problems in children and adolescents. Given the implications of problematic peer relations for adolescents who experience behavior problems, the present study examined factors that may be related to how adolescents perceive peers who exhibit such problems. Specifically, the present study examined the relationship of adolescent peer informants’ socioeconomic status, their prior exposure to psychopathology, their own social competence, and their own behavior problems to their perceptions of peer internalizing and externalizing behavior problems, their liking of individuals who exhibit such problems, and their attributions for the etiology of such problems …

Signals Delivered By Interleukin-7 Regulate The Activities Of Bim And Jund In T Lymphocytes, Shannon Moore Ruppert

Electronic Theses and Dissertations

Interleukin-7 (IL-7) is an essential cytokine for lymphocyte growth that has the potential for promoting proliferation and survival. While the survival and proliferative functions of IL-7 are well established, the identities of IL-7 signaling components in pathways other than JAK/STAT, that accomplish these tasks remain poorly defined. To this end, we used IL-7 dependent T-cells to examine those components necessary for cell growth and survival. Our studies revealed two novel signal transducers of the IL-7 growth signal: BimL and JunD. IL-7 promoted the activity of JNK (Jun N-terminal Kinase), and that JNK, in turn, drove the expression of JunD, a …

Perceptions Influencing School Nurse Practices To Prevent Childhood Obesity, Susan Quelly

Electronic Theses and Dissertations

Approximately one-third of children in the United States are overweight or obese with increased risks for numerous physical and psychosocial comorbidities. Schools are ideal environments to address this serious health crisis and school nurses are uniquely positioned qualified healthcare providers to actively participate in childhood obesity prevention (COP). A review of the literature provided findings to identify a gap in the knowledge regarding the association between school nurse COP perceptions and practices. A modified theoretical framework based on Bandura’s health promotion by social cognitive theory guided this study. The purpose of this study was to identify the key perceptions (self-efficacy, …

White And Black Womanhoods And Their Representations In 1920s American Advertising, Lindsey L. Turnbull

Electronic Theses and Dissertations

The 1920s represented a time of tension in America. Throughout the decade, marginalized groups created competing versions of a proper citizen. African-Americans sought to be included in the national fabric. Racism encouraged solidarity, but black Americans did not agree upon one method for coping with, and hopefully ending, antiblack racism. White women enjoyed new privileges and took on more roles in the public sphere. Reactionary groups like the Ku Klux Klan found these new voices unsettling and worrisome and celebrated a white, nativeborn, Protestant and male vision of the American citizen. Simultaneously, technological innovations allowed for advertising to flourish and …

Reinventing Homeownership: A Compendium Of Concepts To Consider, Denise Gabel, David J. Reiss

Cornell Law Faculty Publications

This policy brief presents a compendium of innovative mortgage products that challenge the dominant mortgage product of the 20th Century, the high down payment, thirty year amortization, fixed interest rate mortgage. These innovative products do not, however, go to the other extreme like the subprime and Alt-A mortgages of the early 21st Century with attributes such as low down payments, balloon payments and quick to adjust interest rates. Rather, they take into account demographic trends, changes in the workplace and existing barriers to homeownership to structure new products for contemporary households. These innovative products take on the big questions in …

What Happens On Myspace Stays On Myspace: Authentication And Griffin V. State, Mark C. Kopec

University of Baltimore Law Forum

No abstract provided.

Is Bollywood Unlawfully Copying Hollywood? Why? What Has Been Done About It? And How Can It Be Stopped?, Arjun Shah

Emory International Law Review

A popular film favorite among lawyers and law students is the 1992 Oscar-winning comedy, My Cousin Vinny. The film features Joe Pesci as a quick-witted but hapless attorney defending two innocent New York teens from a capital murder charge in the Deep South. It was fitting, then, that a film about law and justice would be used as a guinea pig in Hollywood's most aggressive attempt to enforce its copyrights against unauthorized Bollywood remakes of Hollywood movies.

Stare Decisis And Certiorari Arrive To Brazil: A Comparative Law And Economics Approach, Maria Angela Jardim De Santa Cruz Oliveira, Nuno Garoupa

Emory International Law Review

Two important legal reforms in court procedure have taken place in Brazil recently: súmula vinculante (all courts now have to follow the reasoning of the Supreme Court in similar cases) and requisito da repercussão geral (the Supreme Court only hears cases that are of general importance). These two procedural rules respond to a long debate in the Brazilian legal community on how to address court congestion, the heavy workload of the Brazilian Supreme Court, and the role of the higher courts in establishing case law. We discuss the implications of these two important reforms from the comparative perspective (by explaining …

Saint John's First Abbot's 1866 Election, Peggy L. Roske

Archives History Lessons

No abstract provided.

U.S. Cross-Listing, Institutional Investors, And Equity Returns, Yui Law

Lingnan Theses

Cross-listing refers to firms listing their equities on more than one stock exchange. Cross-listing is an interesting topic of international finance. This is because along with the deeper integration of the global financial market, we should see lesser importance of geographic factors. Thus, the motivations and effects of listing a firm on exchanges of different regions should have essential economic implications. The reputation bonding hypothesis suggests that U.S. cross-listing improves the information environment of a firm because of the higher disclosure standard and more analyst coverage. The legal bonding hypothesis argues that U.S. cross-listing improves the investor protection and corporate …

The Effects Of Patriotic Education On Chinese Youths' Perceptions Of Japan, Zeying, Zena Wu

Lingnan Theses

This study tries to address a research question on what effects Chinese patriotic education has on Chinese youths’ perceptions of Japan. The question is raised from a recent discussion on the issue of whether the “patriotic education campaign” since 1989 has led to anti-Japanese sentiments in China.

Guided by the research question, this study particularly looks at the impacts of patriotic education in schools on Chinese students perceptions of Japan. While aware of the theoretical arguments and the focus on Chinese historical narrative of Japan in previous research, this study instead serves as an empirical examination on the topic and …

Gender Bias In The Technical Disciplines, Jessica Lynn Campbell

Electronic Theses and Dissertations

This study investigates how women are affected by gender bias in the workplace. Despite the increasing numbers of women in the workforce, women are still under-represented and under-valued in workplaces, which, in part, is due to their gender stereotype. This study demonstrates how gender bias in the workplace has been proven to limit women in their careers and potential in their occupational roles. The media’s negative depiction of women in their gender stereotype reinforces and perpetuates this image as a cultural norm in society. Women both conform and are judged and evaluated according to their weak and submissive gender stereotype. …

That's A Wrap! The Organizational Culture And Characteristics Of Successful Film Crews, Lisa C. Cook

Electronic Theses and Dissertations

This study seeks to determine through survey research what characteristics film production crews possess that makes them so successful as an organization. The factors of age, gender, years of professional experience and education level were tested for their significance on how the respondents view their culture. Hofstede's six dimensions of organizational culture survey questions were rewritten to be applicable to the freelance film crew sample. The presentation of findings focuses on the resultant organizational profile of a film production crew, the workplace values of this group and the influence that the education level of the participants had on responses. The …

Metaphoric Competence As A Means To Meta-Cognitive Awareness In First-Year Composition, David T. Dadurka

Electronic Theses and Dissertations

A growing body of writing research suggests college students’ and teachers’ conceptualizations of writing play an important role in learning to write and making the transition from secondary to post-secondary academic composition. First-year college writers are not blank slates; rather, they bring many assumptions and beliefs about academic writing to the first-year writing classroom from exposure to a wide range of literate practices throughout their lives. Metaphor acts as a way for scholars to trace students’ as well as their instructors’ assumptions and beliefs about writing. In this study, I contend that metaphor is a pathway to meta-cognitive awareness, mindfulness, …

Examining Gender In Pharmaceutical Rhetoric Through A Cultural Studies Lens: A Case Study On The Gardasil Vaccine, Jennifer Fickley-Baker

Electronic Theses and Dissertations

On June 8, 2006, Merck announced the debut of Gardasil, the world's first vaccine found successful in preventing human papillomavirus (HPV) infections, a sexually transmitted infection that is one of the main causes of certain cancers in men and women, including cervical, vulvar, penile and anal cancers. To promote the vaccine's release, Merck launched Gardasil's "One Less" advertising campaign that included television commercials, print ads and a consumerfocused website (www.Gardasil.com), each promoting the message that "you" could now be "one less woman" affected by cervical cancer ("One Less" campaign). The vaccine, tested and approved only for females age 9-26, was …

Forming A Puerto Rican Identity In Orlando: The Puerto Rican Migration To Central Florida, 1960 - 2000, Julio R. Firpo

Electronic Theses and Dissertations

The Orlando Metropolitan Statistical Area became the fastest growing Puerto Rican population since 1980.1 While the literature has grown regarding Orlando‘s Puerto Rican community, no works deeply analyze the push and pull factors that led to the mass migration of Puerto Ricans to Central Florida. In fact, it was the combination of deteriorating economies in both Puerto Rico and New York City (the two largest concentrations of Puerto Ricans in the United States) and the rise of employment opportunities and cheap cost of living in Central Florida that attract Puerto Ricans from the island the diaspora to the region. Furthermore, …

Measuring Trust In Virtual Worlds: Avatar-Mediated Self-Disclosure, Amanda M. Surprenant

Electronic Theses and Dissertations

This study investigated the development of trust between strangers interacting via avatars in virtual worlds. The first part of the study analyzed perceived trustworthiness based on the visual appearance of avatars; the second part makes observations of two strangers self-disclosing information via avatars in a virtual world; the third part analyzed an experimental situation of two individuals interacting via avatars, where avatar appearance was changed and participants were recruited based on their experience with interacting with others via avatars. Findings showed that perceived trustworthiness does vary based on the visual appearance of the avatar. A positive relationship was found for …

Deconstructing Disability, Assistive Technology: Secondary Orality, The Path To Universal Access, Tara Prakash Tripathi

Electronic Theses and Dissertations

When Thomas Edison applied for a patent for his phonograph, he listed the talking books for the blind as one of the benefits of his invention. Edison was correct in his claim about talking books or audio books. Audio books have immensely helped the blind to achieve their academic and professional goals. Blind and visually impaired people have also been using audio books for pleasure reading. But several studies have demonstrated the benefits of audio books for people who are not defined as disabled. Many nondisabled people listen to audio books and take advantage of speech based technology, such as …

Establishing Difference: The Gendering And Racialization Of Power In Genocide, Erin E. Welsh

Electronic Theses and Dissertations

This thesis is designed to delve deeper into perceptions of identity, specifically gender and racial identity, the power relationship that emerges as each of these switches is reached in the progression towards genocide, and the effects of these perceptions during and after the genocide takes place. The primary question addressed is whether the power relationship that emerges as a result of these pre-genocidal stages becomes gendered and racialized due to perceptions rooted in a male-dominated hierarchy and a belief in the superiority of one ethnicity over another. The primary goal of this thesis is to analyze the power relationship in …

The Relationship Among Student Demographic Variables And Reported Discipline Referral Categories, Timothy A. Bair

Electronic Theses and Dissertations

This study was conducted to investigate the disproportional distribution of subjective and objective discipline referrals to the different student groups’ gender, socioeconomic status, and ethnicity for the 6th through 12th grade students in a central Florida public school district for the school year 2009-2010. The relationship of the disproportional distribution of subjective and objective discipline referrals between gender and socioeconomic status was analyzed. In addition, the relationship of the disproportional distribution of subjective and objective discipline referrals between ethnicity and socioeconomic status was analyzed. Analysis of the discipline referral data from the central Florida public school district for the school …

Classroom Based Substance Use Prevention Programs: A Meta-Analysis, Alyssa R. Boucher

Electronic Theses and Dissertations

This paper reports on a meta-analysis performed on forty one studies evaluating classroom-based substance abuse primary prevention programs. Studies included were delivered in a classroom to the general student body, had a primary focus of substance abuse prevention, measured behavior change, and were published in peer-reviewed outlets between 2000 and 2011. Comprehensive Meta-Analysis was used to calculate a random effects Cohen’s d and moderator analyses. Results indicated a significant effect for alcohol (d=0.10) and tobacco (d=0.09) in multi-target interventions. Specific program components and characteristics associated with more effective prevention programs are discussed. Despite the best efforts of those who develop …

Johnson & Johnson's Recall Debacle, Lashonda Louallen Eaddy

Electronic Theses and Dissertations

Johnson & Johnson (J&J) has been viewed as a role model by many organizations for its successful handling of a 1982 crisis involving cyanide-laced Tylenol capsules that resulted in seven deaths. The public relations community applauded J&J for a swift response and for promptly implementing actions to prevent a similar crisis from occurring in the future. However more recently, J&J has become a poster child for poor crisis communications amidst a flood of recalls that started in November 2009. The present study used concepts from Coombs’ (2004) Situational Crisis Communication Theory (SCCT) and media framing research to develop a coding …

The Relationship Among African American Students' Sat Reasoning Test Scores And Participation In Advanced Placement Courses In One Large Urban School District In A Southern State In 2010-2011, Donald E. Fennoy Ii

Electronic Theses and Dissertations

The purpose of this study was to provide insight into the relationship of Advanced Placement (AP) participation on closing the achievement gap between African American students and other ethnic/racial groups (White, Hispanic, and Asian) in a large urban school district in a southern state. Two major issues were considered: (a) the impact of high school student Advanced Placement participation on SAT Reasoning Test scores and (b) the correlation between increased high school student Advanced Placement participation and closing the academic achievement gap between African American and other ethnic/racial groups. A significant difference was found to exist in the mean SAT …