Digital Commons Network^™

To Catch A Lawsuit: Constitutional Principles At Work In The Investigative-Journalism Genre, Michael F. Dearington

Vanderbilt Journal of Entertainment & Technology Law

This Note examines two causes of action, civil rights violations under 42 U.S.C. § 1983 and II ED claims, in the context of lawsuits against investigative journalists. Examining two recent cases in particular, Tiwari v. NBC Universal, Inc. and Conradt v. NBC Universal, Inc., which arise out of NBC's conduct in its primetime series To Catch a Predator, this Note concludes that legal standards governing conduct by investigative journalists are currently unclear. Investigative journalists are not adequately on notice as to when they might be liable under § 1983 for violating a subject's civil rights. And district courts have failed …

The False Promise Of The Converse-1983 Action, John F. Preis

Law Faculty Publications

The federal government is out of control. At least that's what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens' constitutional rights. How can states stop this federal juggernaut? Many are advocating a "repeal amendment, " whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can't repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called "converse-1983" action. The idea for converse-1983 laws has been around for some time …

Upside-Down Judicial Review, Corinna Barrett Lain

Law Faculty Publications

The countermajoritarian difficulty assumes that the democratically elected branches are majoritarian and the unelected Supreme Court is not. But sometimes the opposite is true. Sometimes it is the elected branches that are out of sync with majority will and the Supreme Court that bridges the gap, turning the conventional understanding of the Court's role on its head. Instead of a countermajoritarian Court checking the majoritarian branches, we see a majoritarian Court checking the not-so-majoritarian branches, enforcing prevailing norms when the representative branches do not. What emerges is a distinctly majoritarian, upside-down understanding of judicial review. This Article illustrates, explains, and …

Commentary, Considering Lesbian, Gay, Transgender, And Bisexual Nominees For The Federal Courts, Carl W. Tobias

Law Faculty Publications

Professor Tobias details the ultimately unsuccessful nomination of Edward DuMont to the United States Court of Appeals for the Federal Circuit in 2010-11 to illustrate the obstacles encountered by LGBT individuals in the federal judicial selection process.

The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges

Law Faculty Publications

Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.

Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges

Law Faculty Publications

This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …

The Sexual Socialization Of Sexual Offenders: How They Learn About Sexuality And How It Influences Their Future Behaviors, Erin Nicole Ditscheit

Dissertations and Theses @ UNI

Every day, stories of individuals who have been sexually victimized dominate headline news. Despite the large amount of research conducted on sexual offenders, there is no known single etiology for their offense. This study investigates how sexual socialization plays a role in an offender's sexual attitudes and beliefs. Using data from a sample of 71 convicted sexual offenders from a single district in the Midwest, it was found that there is a relationship between certain media sources and negative attitudes towards women and sexuality. Additionally, by comparing the convicting offense of each of the participants and their attitudes, it was …

Teachers’ Efficacy And Perceived Role In Dropout Prevention, Brent O'Rourke

Dissertations and Theses @ UNI

Researchers have studied potential reasons behind high school dropout for many years. This research has primarily focused on characteristics inherent to the student and has typically labeled them as being the main determinants for why students decide to drop out. Certainly student characteristics are important when looking at dropout, however there are other factors external to the student that may contribute to their leaving school. One such factor would be other individuals that students deal with on a daily basis while at school. Teachers may play a very important role in preventing school dropout. By interacting positively with students, especially …

Forty Years Of Originalism, Joel Alicea

Scholarly Articles

While Professor Noah Feldman has underlined the role Justice Hugo Black played in the development of modern originalism, it was not until Bork's article in 197 1 that the modern originalist movement took flight. [...]having just passed the 40th anniversary of that landmark essay, it is appropriate that we survey how modern originalism began, how it has changed, and what challenges lie ahead. According to Bork, judicial review by the Warren Court was founded on a flawed premise: that courts must "'make fundamental value choices' in order to 'protect our constitutional rights and liberties.'" But if the Constitution already makes …

Meanwhile, In The West: Early Pueblo Communities In Southeastern Utah, James R. Allison, Winston B. Hurst, Jonathan D. Till, Donald C. Irwin

Faculty Publications

The early Pueblo settlement of what is now southeastern Utah exhibits patterns that complement and contrast with trends in better-known regions such as southwestern Colorado (see Wilshusen et al., Chapter 2). Shortcomings in the current data limit the detail we can include in this description, but a number of patterns are clear. This chapter elucidates the patterned variability in the area's settlement strategies, the basic trends associated with social organization, and the basic demographic trends through time. We hope to develop, in the end, a basic historical narrative for these last centuries of the first millennium.

Kant And A Problem Of Motivation, David Jensen

Faculty Publications

In The Moral Problem, Michael Smith argues that there is an on-going tension in discussions among moral philosophers between the putative objectivity of morality, the practicality of moral judgments, and Hume’s view of motivation.¹ From an agent’s point of view, putatively objective claims imply cognitivism, the view that moral judgments express beliefs about the way the world is morally.² But if moral judgments are practical and on Hume’s view of motivation dependent on the desires of an agent, then from a moral standpoint, we risk making claims that the agent cannot be motivated to act upon.³ In …

The Physico-Chemical Investigation Of Interfacial Properties In Natural Fiber/Vinyl Ester Biocomposites, Shanshan Huo

Mechanical Engineering and Applied Mechanics

Bast fibers are one of most widely used types of cellulosic natural fibers. Flax fibers, a specific type of bast fiber, have historically been used as reinforcements in composites because they offer competitive advantages, including environmental and economic benefits, over mineral-based reinforcing materials. However, the poor interfacial properties due to the hydrophilicity of flax fibers and the hydrophobicity of most polymer matrices reduce the mechanical performance of flax thermoset composites. On the other hand, the structure of flax fiber is more complex than synthetic fibers, which causes most of traditional mechanical tests from the transverse direction to evaluate the interfacial …

North Dakota Climate Bulletin: Vol. 6, No. 2 (Spring 2012), Adnan Akyuz

North Dakota Quarterly Climate Bulletin

No abstract provided.

The Effects Of Horticultural Therapy On Students Who Are At-Risk, Jason Thomas

OTS Master's Level Projects & Papers

The purpose of this study was to determine the relationship between self-esteem; and grade point average among at-risk high school students in Hampton Roads, Virginia, who spent time in a Horticultural Therapy program to determine if the program; should be expanded.

Determining The Relationship Between Employee Morale And Management Practices Of An Organization In The Aerospace Industry, Balenda F. Fulton

Abraham S. Fischler College of Education ETD Archive

The applied dissertation was designed to measure employee morale and to examine the relationship between employee morale and employee perceptions of the effectiveness of the morale intervention and management practices. The managers of the repair facility at an organization in the aerospace industry disputed the accuracy of the results of the 2008 company survey that indicated the majority of employees had low satisfaction levels with the work environment and managers. In 2009, the managers of the repair facility implemented an employee morale-intervention program to increase employees’ satisfaction levels and ultimately improve worker morale.

A correlational design was utilized to explore …

A Study Of The Leadership Dimensions Of National Distinguished Principals, Judith Mccollum

Abraham S. Fischler College of Education ETD Archive

The identification and recruitment of effective school principals who can transform schools in the midst of today’s chaotic economic, social, and global environments require a thorough understanding of the research on effective leadership. Current research indicates that principals who exhibit transformational leadership and, most recently, instructional leadership, are the most successful by all measures, including school climate, teacher empowerment, community support, and high student performance results.

This study focused on a sample of principals from a population who recently received the distinction of a National Distinguished Principal (NDP) to determine if a correlation existed between their leadership dimensions and that …

Impact Of A Supplemental Instruction Model On The Mathematics Skills Of College Students, Cara S. Harrell

Abraham S. Fischler College of Education ETD Archive

The applied dissertation was designed to determine if a supplemental tool would improve the achievement of students enrolled in an introductory college mathematics course. The study was conducted to determine if students who were exposed to a mathematical model would learn information at a more significant level than those students who did not use the mathematical model.

Four research questions were investigated. During this study, 53 students were members of the experimental group and control groups. Eight individuals were part of the evaluation committee. The experimental group consisted of 26 participants who were exposed to the mathematical model, and the …

An Assessment Of Administrator Perceptions Regarding Undergraduate Accelerated Degree Programs For Adults, Honour H. Moore

Abraham S. Fischler College of Education ETD Archive

The purpose of this applied dissertation was to identify perceptions of undergraduate accelerated degree programs for working adults held by chief academic officers and accelerated program deans or directors and to determine if a national accreditation process would enhance those perceptions. Available research on time shortened learning formats was reviewed and analyzed as it pertained to the history and perceptions of such programs. Five areas were identified to measure attitudes toward accelerated programs: instructional hours as a measure of academic quality, faculty quality and teaching skill, assessment of student learning and program effectiveness, relationship of program to parent institution, and …

Photography, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.

Introduction To Mass Communication, Steelman Library, Robert Scott Dr.

Syllabus Repository

No abstract provided.

Bint 3523 Arc Fa12, Melissa Archer

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, Gerry White Dr.

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, Gerry White Dr.

Syllabus Repository

No abstract provided.

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 …

The Effects Of A Mentoring Program On Minority Student Science Achievement, William J. Belle

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to test the theory that a comprehensive science mentoring program would help low income, minority, and other at-risk students improve their attitudes toward science and their test performance in science in Grade 5. The study research questions focused on (a) How did mentoring improve achievement in science? (b) What evidence illustrated whether those students mentored in science showed improvement in perceptions or experiences? (c) How did the students’ attitudes and appreciation change by the end of the mentoring program?

The researcher used an experimental research design for a single group. The design included pretest-posttest. Participants …

Identification And Characterization Of Fibrous Zeolites In Western North Dakota, Jason Triplett

Environmental and Conservation Sciences

The fibrous zeolite mineral erionite is a concern due to its potential for causing lung disease in humans. Studies have shown that exposure to altered volcanic bedrock containing erionite may be the explanation for a high lung disease rate throughout regions of the world (Metintas et al., 1999). Erionite was reported by Forsman (1986) as occurring in tuffaceous rock units of the Arikaree Formation in the Killdeer Mountains of western North Dakota. Rock and soil samples were collected where zeolite minerals are known or suspected to be present including North and South Killdeer Mountains in Dunn County and West and …

But The Roots Remain: The Wisconsin Progressives In The Great Depression And Post-War Era, Daniel David Mccollum

History, Philosophy, and Religious Studies

This work is concerned with the development of the Progressives, a political faction of the Republican Party which was active in Wisconsin during the first half of the 20th century, throughout the Great Depression, and the Post-War era. It was during this period that the Progressives broke with the Republican Party, formed the Progressive Party and gained control of the state from 1934 through 1938, before finally dissolving in 1946, with many members moving into the Democratic Party, where they rejuvenated that moribund state party. This work, furthermore, focuses on the those Progressive leaders who operated in Wisconsin’s northern counties, …

Pegylated Silicon Nanowire Coated Silica Microparticles For Drug Delivery Across Intestinal Epithelium, Vuk Uskoković, Phin-Peng Lee, Laura Walsh, Kathleen Fischer, Tejal Dasai

Pharmacy Faculty Articles and Research

Composite particles made by growing nanoscopic silicon wires from the surface of monodispersed, microsized silica beads were tested in this study for their ability to affect the integrity and permeability of an epithelial cell layer. Polyethylene glycol (PEG) is known to sterically stabilize particles and prevent protein binding; as such, it is a routine way to impart in vivo longevity to drug carriers. The effect of the silica beads, both with and without silicon nanowires and PEG, on the disruption of the tight junctions in Caco-2 cells was evaluated by means of: (a) analysis of the localization of zonula occludens-1 …

Choreographing The Adenylyl Cyclase Signalosome: Sorting Out The Partners And The Steps, Rennolds S. Ostrom, Amy S. Bogard, Robert Gros

Pharmacy Faculty Articles and Research

Adenylyl cyclases are a ubiquitous family of enzymes and are critical regulators of metabolic and cardiovascular function. Multiple isoforms of the enzyme are expressed in a range of tissues. However, for many processes, the adenylyl cyclase isoforms have been thought of as essentially interchangeable, with their impact more dependent on their common actions to increase intracellular cyclic adenosine monophosphate content regardless of the isoform involved. It has long been appreciated that each subfamily of isoforms demonstrate a specific pattern of “upstream” regulation, i.e., specific patterns of ion dependence (e.g., calcium-dependence) and specific patterns of regulation by kinases (protein kinase A …

Biological Effects Of Vasoactive Intestinal Peptide/Pituitary Adenylate Cyclase Activating Polypeptide Receptor 1 (Vpac1) And Vpac2 On Chemotaxis And Its Regulation Of The Tumor Suppressor Ikaros In Leukemic T Cells, Travis Van Der Steen

Chemistry and Biochemistry

One in three children diagnosed with cancer has leukemia. Leukemia patients with mutations in the tumor suppressor transcription factor Ikaros (IK), an anti-leukemic factor that is critical for the development of blood cells; have a poor prognosis despite modern chemotherapy. There is, therefore, a critical need to understand the biology of IK. Research by our laboratory has identified a neurotransmitter, called vasoactive intestinal peptide (VIP), which blocks proliferation through one of its receptors (vasoactive intestinal peptide/pituitary adenylate cyclase activating polypeptide receptor 1(VPAC1)), but blocks apoptosis through a second inducible receptor (VPAC2), while both receptors have chemotactic properties in primary T …