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Yonder Stands Your Orphan With His Gun: The International Human Rights And Therapeutic Jurisprudence Implications Of Juvenile Punishment Schemes, Michael L. Perlin

Articles & Chapters

In the last decade, the US Supreme Court has ruled that the death penalty, a life sentence without possibility of parole (LWOP), and mandatory LWOP for homicide convictions violate the Eighth Amendment when applied to juvenile defendants. These decisions were premised, in large part, on findings that "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," and that those findings both lessened a child's "moral culpability" and enhanced the prospect that, as the years go by and neurological development occurs, his "deficiencies will be reformed."

These decisions have, by and large, been welcomed …

Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman

Articles & Chapters

This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …

The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin

Articles & Chapters

One of the most important developments in the past two decades in the way that criminal defendants with mental disabilities are treated in the criminal process has been the creation and the expansion of mental health courts, one kind of “problem-solving court.” There are now over 300 such courts in operation in States, some dealing solely with misdemeanors, some solely with non-violent offenders, and some with no such restrictions. There is a wide range of dispositional alternatives available to judges in these cases, and an even wider range of judicial attitudes. And the entire concept of “mental health courts” is …

Beyong Bullying: A Holistic Exploration Of The Organizational Toxicity Phenomenon, Deirdre H. Carlock

Theses and Dissertations

A toxic organization is characterized by a narrow focus on bottom line profits and malicious or abusive behaviors go unnoticed or undisciplined (Kusy & Holloway, 2009; Macklem, 2005). It produces a toxic work environment where employees suffer emotional pain generated from damaging behaviors (Samuel, 2010). While some degree of toxicity is unavoidable, the unrelieved intensity of pressures over a prolonged period of time tends to wear people down (Bacal, 2000; Samuel, 2010) Much of the academic and popular literature addressing organizational toxicity focuses on bullying and dysfunctional behavior. This research shows that harmful behaviors are symptomatic of more complex systemic …

Photography As A Spiritual Technique, Laura Elizabeth Garza-Meza

Theses and Dissertations

The purpose of this study is to compare the spiritual benefits of practicing photography to the spiritual benefits of practicing prayer, meditation and yoga. Benefits noted were divided into the 4 dimensions of being human: physical, emotional, intellectual, and spiritual. The study considers Mexican leaders' perceptions of photography as a spiritual practice. A total of 105 Mexican leaders answered surveys. Of the 105 leaders, 14 were professors, 30 were entrepreneurs, 46 were business executives and 15 were students and homemakers (listed as "other") varying in ages from 21 to over 61. The design of this study is descriptive, while the …

The Utility Of Diversity Training In The New Millennium: Does It Impact A Leader's Ability To Manage Differences And Create An Inclusive Work Environment?, Lisa Chanel Woodson

Theses and Dissertations

Although diversity training is an $8 billion industry, questions surrounding its utility and impact remain. To address the issue of diversity training effectiveness, the research project goes beyond reviewing workforce diversity as a measurement, and investigates whether diversity training impacts a leader's ability to manage differences and create an inclusive work environment. Data were collected from 44 individuals in leadership roles across multiple organizations in the United States. All participants completed a condensed Diversity Relationship Indicator TM assessment, as well as a 6 question interview protocol to gauge their experience with diversity training. The results of the research reflected the …

Building A Sustainable Learning And Development Culture Through Communities Of Practice, John Atwood

Theses and Dissertations

The world has become considerably smaller through the effects of technology, media, science, transportation, the Internet, and the spread of global commerce. There has been a great deal of discussion about how to manage knowledge and foster individual, group, and organizational learning. The purpose of this study was to investigate the practices and behaviors that led to the formation of communities of practice (CoPs) in a multinational corporation, their impact on distributed global offices, and their influence on a learning and development culture. The study addressed the following question: What impact do CoPs have on a multinational corporation's learning and …

The Relevance Of Historically Black Colleges And Universities, Renee Felicia Dorn

Theses and Dissertations

Starting in the mid-1800s, Historically Black Colleges and Universities (HBCUs) were created for the purpose of educating Black students. Since their inception, HBCUs have transformed from institutions of higher learning with a core curriculum of teaching and ministerial education serving the Black community to progressive colleges and universities that provide bachelor, master, and doctorate degrees in specialized areas of study which serve and benefit communities of all races around the world. As advanced as HBCUs have become, they still have the stigma of being less than adequate producing underachieving students. An increase in publicity of their accomplishments would help to …

Motivation In The Treatment Of Anorexia Nervosa: A Systematic Review Of Theoretical And Empirical Literature, Quinn Neugebauer

Theses and Dissertations

The present study is a critical analysis of the literature about motivation in the treatment of anorexia nervosa. This dissertation provides a comprehensive overview of the theoretical and empirical literature on motivation to change in the treatment of anorexia nervosa, including discussion of the support for factors hypothesized to be associated with treatment motivation as well as identification of factors that require additional study. It will also provide conceptual clarity of motivation as a construct in anorexia nervosa treatment research. Current literature reveals how differences in the way motivation is conceptualized, studied, and assessed may limit our understanding of its …

Factors Affecting Student Retention At One Independent School In The Southwest, Dan R. Ahlstrom

Theses and Dissertations

This mixed-methods case study determined the factors and examined the issues associated with student retention at a faith-based independent day school in southwestern United States of America. The data included online surveys, personal interviews, collection of archival information, and the researcher's extensive field notes. Surveys (530) were distributed to the board of trustees, administration, faculty, parents, and other stakeholders. Current parents responded to the survey at 71.5%, faculty responded at 47.8%, and board members responded, at 27%. Therefore, parents comprised the largest percentage of respondents by constituency to the survey. To gather more in-depth perceptions, 21 personal interviewees were purposely …

A Critical Review Of The Utility Of Complex Posttraumatic Stress Disorder In Operation Enduring Freedom And Operation Iraqi Freedom Veterans: A Protocol For Group Treatment, Kristen Leishman

Theses and Dissertations

The purpose of this descriptive non-empirical dissertation was to examine the utility of the concept of complex posttraumatic stress disorder (CPTSD) to conceptualize, assess, and treat veterans returning from Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) who have been exposed to traumatic event(s). Many have been exposed to unique traumatic factors, such as frequent deployments of greater length, urban combat theaters, and guerilla warfare. The prevalence of mental health disorders within this veteran population is high while utilization of services remains low. This body of work explores to what extent veterans present with trauma symptoms that may be …

The Relation Between Mindfulness And Perceived Self-Efficacy Towards Coping With Negative Affect In Recovering Alcoholics, Christopher Jay Link

Theses and Dissertations

Negative affect can be a highly potent trigger for relapse among those in recovery for alcoholism, whereas self-efficacy has been identified as an important factor for relapse prevention. Much research has attempted to identify factors and interventions that can enhance self-efficacy and improve the coping ability of those in recovery to manage negative affect. This study sought to determine whether dispositional mindfulness might be a useful tool in this regard, by investigating for a possible relationship between this variable and self-efficacy towards coping with negative affect. Additional variables (i.e., length of time abstinent, meditation frequency/duration, history of polysubstance abuse/dependence, and …

Clinician Conceptualizations Of Post-Migration Refugee Youth Previously Exposed To Political Violence, Sara Michele Mehrabani

Theses and Dissertations

Researchers have examined the experience of distress with refugee children and adolescents who have been exposed to political violence. Recognition has also been given to migration stress and traumatic grief as additional stressors in the lives of refugee youth. Studies in this area have established the fact that development appears to influence the expression of distress in youth who have experienced adverse experiences such as political violence. Reaction to political violence and the refugee experience also appear mediated by culture as well as other contextual factors such as the nature of the violence. The purpose of this study was to …

Development Of A Preliminary Scale Of Counterproductive Experiences In Supervision: Attitudes Of Clinical Psychology Internship Directors Of Training, Chelsea Taylor Lucas

Theses and Dissertations

Clinical supervision serves as the indispensable heart of clinical training and professional development (Falender & Shafranske, 2004). While it is expected that clinical supervision be of high quality, some events or experiences may occur in clinical supervision that strain the supervisory alliance, hinder the supervisee's growth, and contribute to a poor experience of supervision, adversely affecting its effectiveness. A Q-sort methodology was used in this study to examine the opinions of five directors of clinical training regarding the impact of 50 counterproductive experiences (CEs) in supervision. The results suggested that each of the CEs drawn from the literature was believed …

Treatment Of Schizoid Personality: An Analytic Psychotherapy Handbook, Zachary Wheeler

Theses and Dissertations

This volume presents a contemporary psychodynamic treatment for schizoid personality and related non-psychotic schizophrenia-spectrum personality disorders. Recent theoretical advances in psychodynamic nosology and important contributions from a century of psychoanalytic research on schizoid phenomenon are operationalized to provide clinicians with comprehensive suggestions with respect to assessment, technique, format, areas of thematic focus, countertransference, defense, and the process of change with schizoid patients. This handbook was developed as a Stage I treatment manual sufficient for an initial evaluation of feasibility and efficacy in clinical trials. Developing an understanding of the schizoid's personality organization and object relations is the ultimate goal of …

Alginate Lyase Exhibits Catalysis-Independent Biofilm Dispersion And Antibiotic Synergy, John W. Lamppa, Karl E. Griswold

Dartmouth Scholarship

More than 2 decades of study support the hypothesis that alginate lyases are promising therapeutic candidates for treating mucoid Pseudomonas aeruginosa infections. In particular, the enzymes' ability to degrade alginate, a key component of mucoid biofilm matrix, has been the presumed mechanism by which they disrupt biofilms and enhance antibiotic efficacy. The systematic studies reported here show that, in an in vitro model, alginate lyase dispersion of P. aeruginosa biofilms and enzyme synergy

I Love U: Version 1, Adam And Eve For The Future Or No Future At All, A Novel, Ernest Hebert

Dartmouth Scholarship

About the Book

Suppose you could transfer who you are, your memories, your desires, your feelings, your self-awareness—you—into a better, more capable, more attractive and potentially immortal body, wouldn't you go for it?

About the Author

Ernest Hebert is the first faculty member to be tenured as a fiction writer at Dartmouth College, and the author of "The Old American", "Never Back Down", and the seven-book novel series, "The Darby Chronicles", that includes award winners, "The Dogs of March" and "Spoonwood".

About the Electronic Publication

This electronic publication of I Love U was made possible with the permission of the …

Assessment And Management Of Pain, Registered Nurses' Association Of Ontario

General Submissions: Community and Population-based Materials

This guideline provides evidence-based recommendations for nurses and other members of the interprofessional team who are assessing and managing people with the presence, or risk of, any type of pain.

Inferring Desire, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.

This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …

Extending Job Demands-Resources Model : The Roles Of Energy Management Strategies And Recovery Experiences In Facing Differentiated Job Demands, Cho Ngan Siu

Lingnan Theses

Job Demands-Resources (JD-R) model (Bakker & Demerouti, 2007) provides valuable insight in identifying the antecedents and consequences of work stress and engagement. Nevertheless, the roles of personal resources and differentiated job demands (i.e., challenge demands and hindrance demands) have received less attention in the literature. Studies on their interaction effects are even rarer. This thesis reports two studies intending to fill this gap of knowledge.

Study 1 aimed to develop a new scale of energy management strategies (EMS) at work and to demonstrate its reliability. A self-administered questionnaire survey adopting a cross-sectional design was conducted among 323 employees recruited from …

The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Multiple government and health organizations recommend the use of warm or hot water in publications designed to educate the public on best practices for washing one’s hands. This is despite research suggesting that the use of an elevated water temperature does not improve handwashing efficacy, but can cause hand irritation. There is reason to believe that the perception that warm or hot water is more effective at cleaning one’s hands is pervasive, and may be one factor that is driving up unnecessary energy consumption and greenhouse gas emissions. We examine handwashing practices and beliefs about water temperature using a survey …

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …

A Pox On Both Your Houses, Suzanna Sherry

Vanderbilt Law School Faculty Publications

As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie doctrine and between it and the Federal Rules of Civil Procedure. The Court’s latest Erie decision, Shady Grove, was yet another attempt to separate substance from procedure and navigate the strait between the Rules of Decision Act and the Rules Enabling Act. It was a disaster, in large part because of the internal incoherence of the Erie doctrine itself and …

A Summary Of Why We Need More Judicial Activism, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial review has come under fire. Many on both sides of the political aisle accuse the Supreme Court of being overly activist and insufficiently deferential to the elected representatives of the people. I argue in this essay that criticizing the Court for its activism is exactly backwards: We need more judicial activism, not less. Courts engaging in judicial review are bound to err …

Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …

How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Connor

Vanderbilt Law School Faculty Publications

It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar of conflict of laws in the twentieth century. Mercer has the distinction of being both Currie's law school alma mater as well as his first academic appointment, probably the two most significant intellectual influences on any scholar. More recently, Mercer has attracted other influential conflicts scholars and cheerleaders of the topic, including Dean Gary Simson, Larry Ribstein, Hal Lewis, and Bruce Posnak, among …

Translating The Values Of Clinical Pedagogy Across Generations, Alistair E. Newbern

Vanderbilt Law School Faculty Publications

Clinical teaching is a Baby Boomer. After an extended infancy, it came of age in the 1960s. It challenged the entrenched isolation and aloofness of law school by questioning the very methods by which law is taught. Channeling the Boomers' cultural tenets of dismantling hierarchy, fostering collaboration, and advocating for social change, it shook off legal academia's suit and tie and rolled up its sleeves, bringing the community into the classroom and putting the university to work. These Boomer-era values are reflected in clinical teaching's enduring core principles of non-directive teaching, reflective practice, close and immediate supervision, learning from experience, …

He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran

Vanderbilt Law School Faculty Publications

We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on sexual harassment drawn from three distinct sources: reports of workplace sexual harassment that emerge from employee self-reporting through a sexual harassment survey of government employees, charges of sexual harassment gathered through Equal Employment Opportunity Commission charge data, and federal district court complaints recorded by the Public Access to Court Electronic Records system. Whether intentional or inadvertent, the national media influences attitudes and subsequent behavior. We find that …

Preemption Under The Controlled Substances Act, Robert A. Mikos

Vanderbilt Law School Faculty Publications

States are conducting increasingly bold experiments with their marijuana laws, but questions linger over their authority to deviate from the federal Controlled Substances Act. The CSA bans marijuana outright, and commentators have assumed that Congress sought to preempt all state laws that might somehow conflict with the CSA. Under the preemption rule now in vogue, state marijuana reforms are preempted if they either require someone to violate the CSA or, more controversially, if they pose an obstacle to Congress’s objective of eradicating marijuana. Seeking to avoid such conflicts, government officials have scuttled a number of important state marijuana reforms. This …

The Emotionally Intelligent Judge, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Judges, like all of us, have been acculturated to an ideal of dispassion. But judges experience emotion on a regular basis. Judicial emotion must be managed competently. The psychology of emotion regulation can help judges learn to prepare realistically for, and respond thoughtfully to, the emotions they are bound to feel. This short piece, written for a judicial audience, synthesizes research that can help judges accept, analyze, and shape the emotional aspects of their work.