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Mentoring Faculty Colleagues, Jeff Kerssen-Griep

Journal of the Association for Communication Administration

No abstract provided.

Complete Issue, Volume 31, Issue 2

Journal of the Association for Communication Administration

This is the complete issue for Volume 31, Issue 2 of the Journal of the Association for Communication Administration.

Development Of An Ankle Function Model, Kelli R. Snyder

Dissertations and Theses @ UNI

Lateral ankle sprains (LAS) represent the most common orthopedic injury treated by athletic trainers, yet there is no consensus regarding the measurement of the effectiveness of care (e.g. outcomes). Further compounding this problem is the repetitive nature of LAS, often referred to as "functional" or "chronic" ankle instability (FAI, CAI, respectively). Although a common entity in practice and research, FAI is inconsistently defined and assessed. Essentially, athletic trainers are neglecting to address one of the most important issues identified in their profession (outcomes) for the most common injury for which they provide care (LAS). Therefore, the purpose of this research …

Being In The World : An Existential Inquiry Of Knowing One's Self Through A Personal Project : In The Context Of Dissertation Survival, Tomoe Kitajima

Dissertations and Theses @ UNI

This study--a philosophical exploration, partly in an autoethnographical account--provides an empirical demonstration that one's personal project has a strong and positive impact on the dissertation process both for endurance to complete the process and for quality of the product. The concept of project is often explained as one's pursuit of his or her most important philosophical issues. This dissertation originated in the very beginning of my doctoral education in summer 2000 when I first encountered the man behind the coffee shop counter. In his life story he expressed a strong question about the problem of knowledge and authentic living. How …

Leadership Distinctions : The Impact Of Leadership On Teachers Of Second Chance Reading, Rebecca Sue Williams

Dissertations and Theses @ UNI

Second Chance Reading (SCR), an instructional framework that targets and supports struggling adolescent readers and determined to be a sound and viably researched framework, can assist teachers in building and supporting proficient and lifelong learners when implemented as intended. This study examined educators from five unique communities who recently implemented the program. Four key questions guided the research and became the focus during semi-structured purposive interviews. (1) What was the relationship between Second Chance Reading teachers and principal leadership? (2) What leadership qualities were necessary to support Second Chance Reading teachers? (3) What barriers were preventing teachers from accomplishing their …

Student-Centered Literacy Instruction: An Examination Of An Elementary Teacher's Experience, Carolyn Marie Wiezorek

Dissertations and Theses @ UNI

In this qualitative study, I examined and interpreted the literacy instruction of a fourth grade instructor who identified herself as a student-centered teacher. I sought to understand and interpret the beliefs and attitudes of my participant, Julie. Through seven unstructured interviews and five observations, I collected, and simultaneously interpreted, data. Julie freely shared her beliefs, successes, challenges, and frustrations regarding her literacy instruction.

Because of the contextual nature of the study I sought emerging themes through analysis and reflection. Four themes surfaced: attitude and philosophy, environment, instructional practices, and impact on students. Julie possessed an attitude that all students could …

Seasonal And Group Effects On Dairy Cow Behavior In Large Yards, Akbar Nikkhah, Rasool Kowsar

Turkish Journal of Veterinary & Animal Sciences

In mechanized modern dairy facilities with competitive environments, monitoring behavior provides opportunities to manipulate and optimize the nutritional, health, and social status of high-merit cows. The objective of the current study was to determine seasonal and cow group effects on the eating, ruminating, standing, and lying behaviors of dairy cows in large yards. Seasonal data on various behaviors of lactating cows in different production and lactation stages were collected continuously for 26 months, from December 2006 through February 2008. The herd had approximately 3000 dairy cattle housed in groups within specific yards. A total of 415 multiparous high-producing cows (MH), …

Negotiating National Identity : “Between The Saxon Smile And Yankee Yawp. The Devil And The Deep Sea.”, Norman C. Defilippo

Theses, Dissertations and Culminating Projects

Analyzing the colonial/postcolonial significance of Irish homes in James Joyce’s Ulysses, Samuel Beckett’s Molloy, and Flann O’Brien’s At Swim-Two-Birds requires an analysis of the spaces outside the home and the underworld each of the main characters traverses. These three interrelated spaces, and the characters’ experiences in them, reveal distinct versions of Ireland in each novel. An analysis of Ulysses unveils an Ireland of self-alienation and figurative exile in each space, which seems to lead to an actual exile. Examining Molloy reveals an Ireland of intense attraction and repulsion, which results in perpetual colonial-like oppression and psychological paralysis. And a study …

The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …

Marriage Fraud, Kerry Abrams

Faculty Scholarship

This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …

Making Sense Of Intellectual Property Law, Christopher Buccafusco

Faculty Scholarship

Intellectual property (IP) scholars have long struggled to explain the boundaries of and differences between copyright and patent law. This Article proposes a novel explanation: copyright and patent can be fruitfully understood as establishing a dichotomy between the different human senses. Copyright has bracketed works addressed to the senses of sight and hearing, and it treats products appealing to touch, taste, and smell as functional and, thus, uncopyrightable. To the extent the latter receive IP protection, it is through the utility patent regime. The Article begins by establishing this descriptive proposition, and it shows how some of the most contested …

Towards A Communicative Theory Of International Law, Timothy Meyer

Faculty Scholarship

No abstract provided.

The Challenge Of Flexible Intelligence For Models Of Human Behavior, Mathew D. Mccubbins, Mark Turner, Nicholas Weller

Faculty Scholarship

Game theoretic predictions about equilibrium behavior depend upon assumptions of inflexibility of belief, of accord between belief and choice, and of choice across situations that share a game-theoretic structure. However, researchers rarely possess any knowledge of the actual beliefs of subjects, and rarely compare how a subject behaves in settings that share game-theoretic structure but that differ in other respects. Our within-subject experiments utilize a belief elicitation mechanism, roughly similar to a prediction market, in a laboratory setting to identify subjects’ beliefs about other subjects’ choices and beliefs. These experiments additionally allow us to compare choices in different settings that …

The Mythology Of Game Theory, Mathew D. Mccubbins, Mark Turner, Nick Weller

Faculty Scholarship

Non-cooperative game theory is at its heart a theory of cognition, specifically a theory of how decisions are made. Game theory's leverage is that we can design different payoffs, settings, player arrays, action possibilities, and information structures, and that these differences lead to different strategies, outcomes, and equilibria. It is well-known that, in experimental settings, people do not adopt the predicted strategies, outcomes, and equilibria. The standard response to this mismatch of prediction and observation is to add various psychological axioms to the game-theoretic framework. Regardless of the differing specific proposals and results, game theory uniformly makes certain cognitive assumptions …

The Theory Of Minds Within The Theory Of Games, Mathew D. Mccubbins, Mark Turner, Nicholas Weller

Faculty Scholarship

Classical rationality as accepted by game theory assumes that a human chooser in a given moment has consistent preferences and beliefs and that actions result consistently from those preferences and beliefs, and moreover that these preferences, beliefs, and actions remain the same across equal choice moments. Since, as is widely found in prior experiments, subjects do not follow the predictions of classical rationality, behavioral game theorists have assumed consistent deviations from classical rationality by assigning to subjects certain dispositions— risk preference, cognitive abilities, social norms, etc. All of these theories are fundamentally cognitive theories, making claims about how individual human …

Judges And Wrongful Convictions, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Marginalizing Risk, Steven L. Schwarcz

Faculty Scholarship

A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk dispersion can cause investors to underestimate and under-protect against risk. Risk can even be so widely dispersed that rational investors individually lack the incentive to monitor it. This Article examines the market failures resulting from risk dispersion and analyzes when government regulation may be necessary or appropriate to limit these market failures. The Article also examines how such regulation should be designed,including the extent to which it should limit risk dispersion in the first instance.

From Multiculturalism To Technique: Feminism, Culture And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles

Faculty Scholarship

The German chancellor, the French president and the British prime minister have each grabbed world headlines with pronouncements that their state’s policy of multiculturalism has failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet there is also a widely noted brain drain from feminism. Feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of “culture.” …

In-House Counsel’S Role In The Structuring Of Mortgage-Backed Securities, Steven L. Schwarcz, Shaun Barnes, Kathleen G. Cully

Faculty Scholarship

The authors introduce the financial crisis and the role played by mortgage-backed securities. Then describe the controversy at issue: whether, in order to own and enforce the mortgage loans backing those securities, a special-purpose vehicle “purchasing” mortgage loans must take physical delivery of the notes and security instruments in the precise manner specified by the sale agreement. Focusing on this controversy, the authors analyze (i) the extent, if any, that the controversy has merit; (ii) whether in-house counsel should have anticipated the controversy; and (iii) what, if anything, in-house counsel could have done to avert or, after it arose, to …

The Roberta Mitchell Lecture: Structuring Responsibility In Securitization Transactions, Steven L. Schwarcz

Faculty Scholarship

In this Lecture, Professor Schwarcz examines how complex securitization transactions may have created a “protection gap,” the conundrum that transaction parties may be unable to purchase or might not want to pay the price for full protection. As a result, they sometimes choose or are forced to assume the good faith of the other parties to the transaction and the consistency and completeness of protections provided in the transaction documents.

The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel

Faculty Scholarship

In this Article, the authors show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that …

Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

A Neurological Foundation For Freedom, Nita A. Farahany

Faculty Scholarship

No abstract provided.

Incriminating Thoughts, Nita A. Farahany

Faculty Scholarship

The neuroscience revolution poses profound challenges to current selfincrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self- Incrimination Clause of the Fifth Amendment, no person shall be compelled to “prove a charge [from] his own mouth,” but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to …

Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman

Faculty Scholarship

No abstract provided.

Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan

Faculty Scholarship

No abstract provided.

The Cumulative Impact Of Unemployment On Risks Of Acute Myocardial Infarction, Guangya Liu, Matthew E. Dupree, Linda K. George, Eric D. Peterson

Faculty Scholarship

Background: Employment instability is a major source of strain affecting an increasing number of adults in the United States. Little is known about the cumulative effect of multiple job losses and unemployment on the risks for acute myocardial infarction (AMI).

Methods: We investigated the associations between different dimensions of unemployment and the risks for AMI in US adults in a prospective cohort study of adults (N=13 451) aged 51 to 75 years in the Health and Retirement Study with biennial follow-up interviews from 1992 to 2010. Unadjusted rates of age-specific AMI were used to demonstrate observed differences by employment status, …

Role Strain In Probation And Parole Work And Strategies Used To Reduce Strain, Samantha A. Shoger

Dissertations and Theses @ UNI

Probation and parole officers play a vital role in the operation of the correctional system. As a part of their role work in community-based corrections, probation and parole officers must act as both a client monitor and treatment counselor to not only assist in client reentry, but also to protect the public. Due to the nature of probation and parole work and the historical changes that have affected their work (i.e. the punitive turn, the New Penology, and the current correctional budgetary constraints), probation and parole officers must cope with a variety of factors in their work that can cause …

Going Outside The Law: The Role Of The State In Shaping Attitudes To Private Acts Of Violence, Tom R. Tyler, Jonathan Jackson, Aziz Huq, Ben Bradford

Public Law and Legal Theory Working Papers

Why do people believe that violence is acceptable? In this paper we study people’s normative beliefs about the acceptability of violence to achieve social control (as a substitute for the police, for self-protection and the resolution of disputes) and social change (through violent protests and acts to achieve political goals). Addressing attitudes towards violence among young men from various ethnic minority communities in London, we find that procedural justice is strongly correlated with police legitimacy, and that positive judgments about police legitimacy predicts more negative views about the use of violence. We conclude with the idea that police legitimacy has …

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 …