Digital Commons Network^™

Kant On Formal Modality, Ian Blecher

Philosophy Faculty Scholarship

I propose to explain Kant’s novel claim, in the Critique of Pure Reason, that all judgments have a formal modality. I begin by distinguishing the modality of a judgment’s form from the modality of its content, and I suggest that the former is peculiar in merely affecting the subject’s understanding of his own act of judging. I then contrast the modal account of such an understanding (in terms of the possibility and actuality of a judgment) with the traditional, non-modal understanding of it (in terms of the giving and withholding of assent). I conclude by suggesting that Kant prefers …

Between Law And Markets: Is There A Role For Culture And Ethics In Financial Regulation?, Dan Awrey, William Blair, David Kershaw

Cornell Law Faculty Publications

The limits of markets as mechanisms for constraining socially suboptimal behavior are well documented. Simultaneously, conventional approaches toward the law and regulation are often crude and ineffective mechanisms for containing the social costs of market failure. So where do we turn when both law and markets fail to live up to their social promise? Two possible answers are culture and ethics. In theory, both can help constrain socially undesirable behavior in the vacuum between law and markets. In practice, however, both exhibit manifest shortcomings.

To many, this analysis may portend the end of the story. From our perspective, however, it …

Argentina's Right To Be Forgotten, Edward L. Carter

Emory International Law Review

Actresses, models and athletes have brought some two hundred lawsuits, most filed by the lawyer Adolfo Martín Leguizamón Peña, against Google and Yahoo to demand removal of Internet search results and links to photographs. Many of the plaintiffs allege that Internet search results improperly associate their photographs-some of which are sexually suggestive and which were presumably taken and posted originally with permission-with pornography or prostitution.

Babies Without Borders: Human Rights, Human Dignity, And The Regulation Of International Commercial Surrogacy, Yasmine Ergas

Emory International Law Review

In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being "marooned stateless and parentless."

Contextualizing Military Necessity, Nobuo Hayashi

Emory International Law Review

Modern theories correctly reject the Kriegsräson doctrine, according to which the laws of war do not override the necessities of war and it is rather the latter that override the former. One such theory holds that unqualified rules of international humanitarian law ("IHL") exclude military necessity being invoked de novo as a ground for deviation therefrom, yet not as a ground for additional restraint thereon. This theory--let us call it "counter-Kriegsräson"-is unacceptable for two reasons.

Ensuring The Effective Prosecution Of Sexually Violent Crimes In The Bosnian War Crimes Chamber: Applying Lessons From The Icty, Courtney Ginn

Emory International Law Review

Despite the extensive use of sexual violence as a weapon in war throughout history, the International Criminal Tribunal for the former Yugoslavia was the first international tribunal to develop criminal jurisprudence concerning sexual violence. Although the ICTY expanded criminal liability for sexually violent acts committed during the Yugoslav Wars to an unprecedented extent, the conviction rate for sexually violent crimes was much lower than the conviction rate for other crime.

Norms Governing The Interstate Use Of Force: Explaining The Status Quo Bias Of International Law, Richard Hanania

Emory International Law Review

It is generally held that states interact with one another in a state of anarchy, at least when it comes to national security. After defining international law, I show that this is not completely accurate. Reflecting a status quo bias, classic invasions and territorial aggrandizement through force are illegal. Since 1945, states that have undertaken classic invasions have generally been sanctioned, and no state has taken territory from another by force since 1976.

The Admission Of Scientific Evidence In A Post-Crawford World, Eric Nielson

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Teacher As Servant-Leader, David W. Anderson

International Christian Community of Teacher Educators Journal

Any Christian philosophy of education must begin with acknowledging God to be the Creator of all that is, and as the source of all Truth. All knowledge is derived from, or in some way related to, the Creator God. Three elements that inform our understanding of education are:

• our having been created in the image of God;
• the creation mandate; and
• the principle of stewardship.

The fact that humans are created in the image of God (Ge 1:26-27) sets the stage for our educability. Essential to our understanding of that image are such attributes as language (communication), reasoning, imaginative and …

Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory S. Alexander

Cornell Law Faculty Publications

Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …

Blue Ocean Strategy Vs. Competitive Strategy: The Effect Of Business Strategic Choices On Firm Performance, According To The Industry Life Cycle, Young Sik Cho, Joo Y. Jung

Management Faculty Publications

The purpose of this study is to explore how blue ocean strategy and competitive strategy influence a firm's business performance differently according to its stage in the industry life cycle (ILC). We developed a theoretical research model and the measure items to capture the different attributes of the blue ocean and competitive paradigms. We collected primary data from 309 business owners and senior managers working in the U.S. through a survey research. We tested the data by performing the exploratory factor analysis (EFA), the confirmatory factor analysis (CFA) and the structural equation modeling analysis (SEM) using SPSS and AMOS. The …

Developing Ambulatory Care Registered Nurse Competencies For Care Coordination And Transition Management, Sheila Haas, Beth Ann Swan, Traci Haynes

College of Nursing Faculty Papers & Presentations

The need for care coordination and management of transitions between Patient-Centered Medical Home providers, outpatient and community settings, including the Accountable Care Organization is often overlooked, episodic, and accountability for coordinating care and managing transitions between providers and services is lacking.

Conflict Management Between Employees From Different Departments : Contribution Of Organizational Identification And Controversy, Taohong Zhu

Lingnan Theses

Synthesizing theories of social identity, goal interdependence, and conflict management, this study built and tested a theoretical model in which interdepartmental goal interdependence affects conflict outcomes between different departments through constructive controversy (i.e. the open-minded discussion for mutual benefit) dynamics adopted by employees from different departments in the organization. This study also proposes that organizational identification moderates the link between interdepartmental goal interdependence and constructive controversy.

An interview sample of 129 employees from various business organizations and diverse industries in mainland China described and rated a critical incident when they had a conflict with their coworker from another department in …

Social Differentiation And Age-Friendly Characteristics : A Case Study In Tuen Mun, Yuen Ling, Elaine Yau

Lingnan Theses

Hong Kong is one of Asia’s more demographically-aged cities, with 14% of population aged 65+ in 2012, projected to be 23% by 2025. Facilities and transport are generally good by world standards although the urban environment may not consistently be particularly ‘age-friendly’. Drawing on a range of urban sub-areas, this research investigated the ‘age-friendliness’ of Tuen Mun, a ‘new town’ of half a million population in Hong Kong. This study was also interested in socio-cultural variables and age-friendly cities (AFC) characteristics in its predominantly Chinese population, and relationships with psychological well-being (PWB).

A total of 503 participants aged 50 years …

Hello, Is Anybody There? Corporate Accessibility For Minority Shareholders As A Signal Of Agency Problems In China, Xiaofeng Zhao

Lingnan Theses

My thesis examines whether corporate accessibility for minority shareholders, defined as the ease with which minority shareholders are able to contact corporate insiders, can be a signal of the severity of a firm’s agency problems. Using Chinese public listed firms as the testing group, I find that accessible firms are associated with less serious agency problems than is the case for non-accessible firms. Specifically, accessible firms tend to be associated with lower agency costs, lower cost of equity, higher firm valuation, and better operating performance. I also find that accessibility can signal agency problems in firms with different ownership and …

Moving Beyond Title Ix: An Evaluation Of The Comprehensiveness And Accessibility Of Policies And Procedures For Preventing And Responding To Gender Based Violence, Alyssa Mullins

Electronic Theses and Dissertations

The current study examines the gender based violence policies and programs of large, public universities in Florida. Current literature argues that preventing and responding to gender based violence in institutions of higher education requires comprehensive and ecological techniques at the individual, interpersonal, community, and societal level. In recent years, various institutions and agencies have showed increasing administrative commitment to addressing these issues. Futures Without Violence, formerly named Family Violence Prevention Fund, is a private organization that has established a set of guidelines and recommendations to aid IHEs in their response and prevention of gender based violence, intended to exceed federal …

Human Trafficking For Sexual Exploitation In Southeast Asia, Nodwarang Niamvanichkul

Electronic Theses and Dissertations

This study centers on the political aspects of human trafficking and sexual exploitation in Southeast Asia. Specifically, the human trafficking is a security studies concern because it is not only a social issue, but also a security threat. Just as with drug trafficking, human trafficking has security consequences. The study analyzed human trafficking issues in the following three countries in Southeast Asia: Thailand, Myanmar, and Cambodia. These three countries were chosen due to the high levels of human trafficking. In each of the chosen cases, there is an examination of human trafficking issues in terms of political structures, political policies, …

Examining The Effects Of Self-Regulated Strategy Development In Combination With Video Self-Modeling On Writing By Third Grade Students With Learning Disabilities, Katie Miller

Electronic Theses and Dissertations

This research examined the effects of self-regulated strategy development (SRSD), a cognitive strategy instructional method, on opinion writing by third grade students with learning disabilities. A video self-modeling (VSM) component was added to the SRSD method. A multiple probe across participants, single-subject design was used to determine the effectiveness of the SRSD instructional strategy, (POW + TREE), in combination with video self-modeling. Data from various components of writing, including essay elements, length of responses, time spent writing, and overall writing quality, were collected and assessed to determine the effectiveness of the intervention. All students who received the intervention improved their …

The Priming Effects Of Media Frames In Regard To News Images And Stereotypes Held By Hispanic Audiences, Meredith Morris

Electronic Theses and Dissertations

This study applies priming, framing, and exemplification theories to examine the ways in which photos published with a news story influenced readers’ judgments about the ethnicities of the people receiving emergency hunger services. Of particular interest were the perceptions of Caucasian respondents about minorities, and Hispanic perceptions about African Americans and other Hispanics. A sample of 506 college students was randomly assigned to read one of three versions of an online news article about emergency hunger services in Central Florida. One version included two photographs of African American adults receiving food at a food bank. The second version included two …

Pre-Service Elementary Teachers' Self-Efficacy Beliefs About Science Using Critical Incident Technique: A Case Study Approach., Meera Ravikumar

Electronic Theses and Dissertations

The primary goal of this case study using qualitative and quantitative methods was to investigate pre-service elementary teachers’ initial self-efficacy beliefs about science and science teaching by exploring the K-12 science experiences of these prospective elementary teachers. Of the 108 participants who completed the science teaching efficacy belief survey (STEBI-B) (Enochs & Riggs, 1990), 12 participants were selected to be interviewed using Flanagan’s (1954) critical incident technique. Participants were asked to share their past positive and negative incidents during their K- 12 years with science and science teachers. They were also asked to report how past incidents affected them at …

An Examination Of Inclusive Education In Schools Operated By The Jordan Field Of The United Nations Relief And Works Agency For Palestine Refugees In The Near East, Jacqueline Rodriguez

Electronic Theses and Dissertations

For refugee children with disabilities, international agencies largely provide humanitarian assistance, including education. However, the obstacles associated with refugee existence can impede progress in the movement towards educating children with disabilities in inclusive settings. Perceptions of inclusive education in schools operated by the Jordan field of the United Nations Relief and Works Agency for Palestine Refugees in the Near East were explored through multiple embedded case studies. Each of the three schools examined included a student with a special educational need. The researcher also investigated strategies and supports provided by education stakeholders to students with special educational needs in inclusive …

The Perception And Measurement Of Human-Robot Trust, Kristin Schaefer

Electronic Theses and Dissertations

As robots penetrate further into the everyday environments, trust in these robots becomes a crucial issue. The purpose of this work was to create and validate a reliable scale that could measure changes in an individual’s trust in a robot. Assessment of current trust theory identified measurable antecedents specific to the human, the robot, and the environment. Six experiments subsumed the development of the 40 item trust scale. Scale development included the creation of a 172 item pool. Two experiments identified the robot features and perceived functional characteristics that were related to the classification of a machine as a robot …

The Moral Oppression Of The Teaching Profession: Learning To Transcend, Rebecca Smith

Electronic Theses and Dissertations

This thesis is both descriptive and philosophical, and at its core, it justifies the need for social foundations of education courses and programs in the university setting. It begins by analyzing the meaning of oppression and the part knowledge plays in confining the individual. The analysis then draws upon Patricia Hill Collins' theory of intersecting oppressions to get at the complexities and restrictions of working in the public schooling institution. It works through the ways in which sexist, classist, and racist practices afflict everyone in the institution through the bureaucratic mechanism and collateral oppression. The four components that make up …

Fetal-Pelvic Disproportion And Pelvic Asymmetry As A Potential Cause For High Maternal Mortality In Archaeological Populations, Sarah Stansfield

Electronic Theses and Dissertations

Females of childbearing age are overrepresented in the population of the Kellis 2 cemetery (100-450 AD) in the Dakhleh Oasis, Egypt (Wheeler 2009). The demographic overrepresentation found here may be the result of complications related to childbirth. Clinical literature demonstrates that fetal size is rarely an explanation for failed labor (Cunningham et al. 2001) and the fetuses buried in the Kellis 2 Cemetery at the Dakhleh Oasis were not larger than average (Tocheri et al. 2005), directing the focus to dimensions of the maternal pelvis for evidence of obstetrical issues, such as abnormally compressed pelvises. To formulate a test for …

Intimate Partner Kidnapping: An Exploratory Analysis, Lindsey Blumenstein

Electronic Theses and Dissertations

The following study is an exploratory analysis of intimate partner kidnapping. The current study will give a descriptive picture of the victim, offender, and incident characteristics of a form of intimate partner violence that has never been studied before, intimate partner kidnapping, as well as a form of physical violence often seen in the literature, intimate partner assaults. The study will use a combination of the National Incident Based Report System (FBI, 2009), and the American Community Survey (Census, 2012) to identify these characteristics and also to identify any potential relationships between structural-level correlates and rates of intimate partner violence. …

Hidden In Plain Sight: Development And Testing Of A Model To Evaluate Political Leadership Tactics, Albert Citron

Electronic Theses and Dissertations

This thesis analyzes the kinds of verbal and nonverbal signals elites manifest to show leadership qualities. Launching from Max Weber’s conceptual framework of charisma as a power term and Harold Lasswell’s study of propaganda, this study takes a multidisciplinary approach to studying political leadership with elements of communication methodology and an ontological basis in evolutionary psychology. The study’s goal is to offer a framework for defining and evaluating the diverse signal patterns employed by political elites in three real-life situations. These are the Malta Summit, the 1992 Virginia Presidential Debate, and the 2012 South Carolina Republican Presidential Primary. The cases …

Stereotypes, Perceptions Of Similarity, And Cultural Identity: Factors That May Influence The Academic Achievement Of Immigrant Students., Tamara Fagan

Electronic Theses and Dissertations

For decades, the United States has been known as the nation of immigrants due to the increasing number of immigrant students in the public school system. Although the population of immigrant students steadily increases annually, American society still pressures immigrants into acculturation to fulfill the United States ideals of academic achievement despite the United States claim of multiculturalism (Malcolm & Lowery, 2011). This research focuses on 1st - and 2nd generation immigrant students’ strife of acceptance in U.S. culture, while sill preserving their own native culture, and the influence it has on academic achievement. The researcher interviewed eight (8) adult …

Inverse Intuition: Repurposing As A Method To Create New Artifacts, To Invent New Practices, And To Produce New Knowledge, Warren Jones

Electronic Theses and Dissertations

This dissertation argues that Digital Natives, rather than employing novel ways of thinking (such as those suggested by Walter Ong's concept of Second Orality), are in fact employing a way of thinking that has always existed: repurposing. Ruth Oldenziel discusses how, historically, women used "a kind of mental quality" enabling them to re-use objects in novel ways to accomplish more of life's tasks. My research led me to investigate how a wide variety of people, especially historically marginalized people, used this kind of mental quality. This dissertation explores repurposing's real world uses as well as its uses in narratives, specifically …

Naep-Related Visual Arts Assessment In Classroom Applications, Debra Mcgann

Electronic Theses and Dissertations

This action research study investigates classroom visual art assessments and their potential to improve teacher instruction and student learning. In order to examine this topic more thoroughly, a National Assessment of Educational Progress (NAEP)-related classroom assessment was designed and administered to the researcher’s Drawing and AP Art History classes. Students were also asked to fill out a questionnaire that asked about their past art experiences and motivation to participate in art activities such as creating artwork outside of the school setting or attending an art museum. Students observed, described, and analyzed contemporary artwork, and they created and wrote about their …

Road Networks, Social Disorganization And Lethality, An Exploration Of Theory And An Examination Of Covariates, Aaron Poole

Electronic Theses and Dissertations

Utilizing a Criminal Event Perspective, the analyses of this dissertation test a variety of relationships to the dependent variable: the Criminal Lethality Index. Data from the National Incident-Based Reporting System, the Census and American Community Survey, the American Trauma Society, and data derived from the Census’s mapping TIGER files are combined to create a database of 190 cities. This database is used to test road network connectivity (Gama Index), medical resources, criminal covariates and Social Disorganization variables in relation to a city’s Criminal Lethality Index. OLS regression demonstrates a significant and negative relationship between a city’s Gama Index and its …