Digital Commons Network^™

The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

She Acts Guilty: Sexually Charged Consciousness Of Guilt Evidence Should Be Excluded Because It Is Biased Against Women., Colin Caffrey

The Scholar: St. Mary's Law Review on Race and Social Justice

A lawyer may submit sexually charged evidence under a consciousness of guilt theory. Utilizing this type of evidence convicts women based on their character, not for their alleged crimes, in criminal cases across America. Consciousness of guilt evidence holds bias because it exploits common gender stereotypes in order to obtain criminal convictions. Sexually charged evidence does not directly show a defendant’s guilt, but simply allows the jury to infer guilt based on a defendant’s conduct. Violating gender norms or reacting to the occurrence of a tragedy differently than one might normally expect is not an admission of guilt. Sexually charged …

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich

The Scholar: St. Mary's Law Review on Race and Social Justice

In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …

Surviving Implicit Bias: Why The Appellate Court's Interpretation Of The 2012 Amendment To The Racial Justice Act Will Be A Life Or Death Decision For North Carolina Death Row Prisoners, Ali Eacho

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Students' Development And Use Of Internal Representations When Solving Algebraic Tasks, Laban J. Cross

Theses and Dissertations

The difficulty in observing, recording, and examining internal representations has been well documented (Goldin & Shteingold, 2001). However, the important role that these internal representations play in the learning and understanding of mathematical concepts has been noted (Yackel, 2000). This study sought to develop a framework for examining the internalization patterns of school-aged children, gain a deeper understanding of how these internal representations are developed and used, and search for internalization patterns associated with successful generalizations.

Semi-structured interviews were conducted with six sixth-grade students and six tenth-grade students. During these interviews the students were asked to solve a series of …

Prebiotics In Lentil (Lens Culinaris L.), Casey Ray Johnson

Cereal Science

Prebiotic carbohydrates are an important component of healthy diet. The objectives of this study were (1) to compare the concentrations of prebiotic carbohydrates in different lentil genotypes and growing locations and (2) to compare the concentrations of prebiotic carbohydrates in lentil under various processing and preparation procedures. Mean concentrations of prebiotics in lentil genotypes were as follows: raffinose-family oligosaccharides (RFO) (raffinose + stachyose, 2509 mg; verbascose, 1562 mg), fructo-oligosaccharides (nystose, 62 mg), sugar alcohols (sorbitol, 1220 mg; mannitol, 203 mg), and resistant starch (RS), 7.5 g 100 g-1. Modest RFO concentration reductions were observed with cooking, cooling, and reheating. Mean …

Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention In Packaging Essential Health Benefits, Anita Silvers, Leslie P. Francis

Utah Law Faculty Scholarship

The promise of health care as a right has all too often proved hollow for people with disabilities. In this article, we argue that the understanding of health care as a human right, as found in the CRPD, fails to provide the theoretical machinery for responding to the pressing challenges of health care costs. These challenges are real and potentially devastating. We develop instead an account of health care as a civil right. What this right requires is dependent on the context and resources of the time, so long as all have meaningful access to the benefits provided. The ACA …

Adult Silbing Communication: Attachment Style And Strategy, Erin Melissa Stack Bruflodt

Communication

In an effort to further understand communication within sibling relationships, this study examined adult sibling relationships and the connection between attachment styles and the strategies or relational maintenance behaviors used to maintain such relationships. The study will employ the theoretical framework of attachment theory originally presented by Bowlby (1973). Scholars agree that the basic principle of attachment theory is that attachment relationships continue to be an important factor throughout the life span. Current research has used this theory to link attachment style with the use of relational maintenance behaviors in voluntary relationships. Having developed this framework, the next logical application …

Rhetorical Agency In The Bhagavad Gita, Jaishikha Nautiyal

Communication

This M.A. thesis presents a rhetorical analysis of the Indian philosophical and religious text, The Bhagavad Gita. Utilizing Kenneth Burke's Pentad of act, scene, agent, agency and purpose as a primary interpretive lens for uncovering universal human motivations, this rhetorical critique conceptualizes the idea of rhetorical agency as a model for action in the Gita's dialogical progression between Krishna and Arjuna. Rhetorical agency in the Gita differs from a traditional understanding of agency in that the former amalgamates competing yet co-existing pragmatic and consummatory agencies that Arjuna may utilize to act in the here and now but also relinquish the …

Striking For The Guardians And Protectors Of The Mind: The Convention On The Rights Of Persons With Mental Disabilities And The Future Of Guardianship Law, Michael L. Perlin

Articles & Chapters

In many nations, entry of a guardianship order became the “civil death” of the person affected. It has been accurately characterized as “civil death” characterization because a person subjected to the measure is not only fully stripped of their legal capacity in all matters related to their finance and property, but is also deprived of, or severely restricted in, many other fundamental rights, [including] the right to vote, the right to consent or refuse medical treatment (including forced psychiatric treatment), freedom of association and the right to marry and have a family.

Guardianship is also frequently entered. In Hungary, for …

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

White Men As The New Victims: Reverse Discrimination Cases And The Men's Rights Movement, Bethany M. Coston, Michael Kimmel

Nevada Law Journal

No abstract provided.

Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier

Nevada Law Journal

No abstract provided.

Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd

Nevada Law Journal

No abstract provided.

Does Manly Courage Exist?, John M. Kang

Nevada Law Journal

No abstract provided.

Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams

Nevada Law Journal

No abstract provided.

Masculinity Italian Style, Barbara Pozzo

Nevada Law Journal

No abstract provided.

Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman

Nevada Law Journal

No abstract provided.

Sdrc Update (Volume 5, Issue 1), Connie Jan Maraan

SDRC Publications

No abstract provided.

Carl Sagan's Cosmos: The Rhetorical Construction Of Popular Science Mythology, Karen Jane Sorensen

English

Using Carl Sagan's Cosmos as a case study, this dissertation explores the intersection of science with popular culture and builds a new framework for rhetorically analyzing popular science programming. The arguments and research focus on the ways in which popularizing scientific information for the masses can create a type of science fiction rather than merely being a transferal of information. This metamorphosis of fact into fiction occurs as a result of the convergence of three rhetorical concepts, kairos, ethos, and aethos. Kairos is the placement of Cosmos in time. Historical and political elements (including education and entertainment) contribute to a …

Emphasizing Learning In The Scholarship Of Teaching And Learning, Bill Cerbin

International Journal for the Scholarship of Teaching & Learning

The learning question in the scholarship of teaching and learning focuses on whether the work advances student learning. Although the scope of inquiry may vary, the learning question is, first and foremost, about outcomes—what or how much did students learn. It is typified by these kinds of research questions: Did the new teaching method I used produce better learning than the traditional method I have been using; Did the new assignment I used result in better student performance than the one I typically use; Did the strategy our department adopted have a positive effect on student performance in the …

Do Social Science Students Value Empirical Research? Answers From A Canadian And Dutch Investigation, William Mcconnell, Hendrien L. Kaal, John P. Marton

International Journal for the Scholarship of Teaching & Learning

Although students in the social sciences perceive quantitative methods courses negatively, this need not mean that they devalue empirical research, or lack capacity to become informed consumers of research. To explore this possibility, we administered two measures to Canadian students (n = 194) enrolled in first-year social science courses, and to Dutch criminology students (n =156) enrolled in a bachelor’s or master’s program. While students in each country expressed low interest in engaging in research, they expressed significantly higher appreciation of the value of research. Further, we found a small-medium positive correlation between education and appreciation of research in the …

Student Preferences For Live Versus Virtual Rats In A Learning Course, Mirari Elcoro, Melissa Trundle

International Journal for the Scholarship of Teaching & Learning

We examined the preference of undergraduate students for a live or a virtual rat when learning about concepts of operant conditioning. Students were provided with the opportunity to directly compare a virtual and a live rat in a supplemental exercise for Learning courses. We argue that the design of teaching exercises should involve a systematic examination of student preferences between different available techniques. In general, students preferred a live rat over a virtual rat when learning concepts in operant conditioning, specifically a fixed-ratio schedule of reinforcement. Students also listed advantages and disadvantages of using a virtual rat versus a live …

East Versus West: Effectiveness Of Knowledge Acquisition And Impact Of Cultural Dislocation Issues For Mainland Chinese Students Across Ten Commonly Used Instructional Techniques, Kumaran Rajaram, Sarbari Bordia

International Journal for the Scholarship of Teaching & Learning

The research analyses the new trend of training culturally diverse students in western style business education in Singapore where a substantial number of mainland Chinese students enroll in business courses. Building on ideas by Hosfede (1984), Morey and Frangioso (1998) and Rodrigues (2004), 402 mainland Chinese students who were enrolled in Singaporean business training programs provided differential ratings of the learning effectiveness, familiarity, comfort and ease of knowledge transfer for each of the ten commonly used instructional strategies previously investigated by Rodrigues (2004) based on a questionnaire. Both “active” and “passive” instructional techniques facilitate effective learning and acquiring of knowledge …

The Effects Of Intent And Consequences On The Assignment Of Penalties Related To Hiv Non-Disclosure Situations, Yang Deng

Psychology Theses & Dissertations

Laws related to HIV require individuals infected with HIV to disclose their HIV-positive status before engaging in sexual behavior. These laws vary as to whether to include the intent of HIV non-disclosure as a criterion for prosecution. Penalty assignment for HIV non-disclosure is consistent with moral judgment. Literature regarding moral judgment has been inconsistent as to whether individuals process information regarding intent and consequences independently or interdependently when recommending penalties. The present study seeks to explore the effects of intent and consequences on recommended penalties in HIV non-disclosure situations. A 3(intent) × 2(consequence) ANOVA design was conducted with recommended penalties …

Mining Semantic Relationships Between Concepts Across Documents Using Wikipedia Knowledge, Peng Yan

Computer Science

The ongoing astounding growth of text data has created an enormous need for fast and efficient Text Mining algorithms. However, the sparsity and high dimensionality of text data present great challenges for representing the semantics of natural language text. Traditional approaches for document representation are mostly based on the Vector Space (VSM) Model which takes a document as an unordered collection of words and only document-level statistical information is recorded (e.g., document frequency, inverse document frequency). Due to the lack of capturing semantics in texts, for certain tasks, especially fine-grained information discovery applications, such as mining relationships between concepts, VSM …

Developing A Software Tool To Enhance The Creativity During Software Development Using The Results From The Literature Review, Reshma Hegde

Computer Science

Success during software development depends on the creativity of software engineers. Knowledge plays a very important role in enhancing the creativity of software developers. Knowledge is available in different forms like repository knowledge (experiences of past projects) and community knowledge (gained through communication among software engineers). I have developed a tool which could help software engineers be more creative and successful. In order to develop this tool, a systematic literature review was undertaken to find how knowledge influences creativity and the key features required in the tool. The systematic literature review reports the various knowledge sources and how these can …

Counting Coup With Western Education In A Post-Assimilated Paradigm: A Qualitative Research Study On American Indian Success, Lane Alan Azure

Education

“The beaver doesn’t try to be like the bear or the buffalo, he knows who he is . . . and he is proud of who he is” (Big Dog, 2012). The aforementioned quote depicts how this author interpreted the identities of his sample of ten purposefully selected Native Americans and exemplified their wish to remain who they are. These contemporary warriors illustrated the ability to transculturate in a non-Indigenous world and to accomplish what had been forced upon their ancestor’s centuries earlier. Despite the invasion on North American soil and the near extinction of the Indigenous American through attempted …

Working Memory Differences In Illusory Recollection Of Critical Lures, Michael T. Bixter, Frances Daniel

Department of Psychology Faculty Scholarship and Creative Works

In the present experiments, we explored the relationship between individual differences in working memory (WM) capacity and susceptibility to false recognitions and their accompanying subjective experiences. Deese/Roediger– McDermott (DRM) associative lists were used to elicit false memories, and remember/know judgments were used to measure the recollective experiences accompanying recognition decisions. We found that WM capacity was related to false recognitions of nonpresented critical lures and to the proportion of remember responses given to critical lures, such that higher WM capacity was associated with lower false recognition rates and with lower proportions of remember responses. Importantly, these WM differences were only …

A Conversation On Judicial Decision Making, Robin Cooper Feldman

Faculty Scholarship

No abstract provided.