Digital Commons Network^™

Administrative Constitutionalism, Gillian E. Metzger

Faculty Scholarship

The U.S. Food and Drug Administration adopts a rule requiring tobacco companies to include graphic images warning of the health risks associated with smoking, defending the rule at length against the claim it violates the First and Fifth Amendments. The Department of Education and the Department of Justice (DOJ) jointly issue guidance explaining how elementary and secondary schools can voluntarily consider race consistently with governing constitutional law. The Office of Legal Counsel (OLC) in DOJ issues a memorandum to the Attorney General concluding that the President had constitutional authority to commit U.S. forces as part of the NATO military campaign …

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

Faculty Scholarship

When does a cyber attack (or threat of cyber attack) give rise to a right of self-defense – including armed self-defense – and when should it? By "cyber attack" I mean the use of malicious computer code or electronic signals to alter, disrupt, degrade or destroy computer systems or networks or the information or programs on them. It is widely believed that sophisticated cyber attacks could cause massive harm – whether to military capabilities, economic and financial systems, or social functioning – because of modern reliance on system interconnectivity, though it is highly contested how vulnerable the United States and …

"Alright Already, I'M Just A No Goodnick!" Guys And Dolls: A Musical Fable Of Broadway, Christopher D. Strawhun

Theses

Guys and Dolls: A Musical Fable of Broadway is considered a classic of the musical pantheon. As a candidate for the Master of Fine Arts in Theatre from Lindenwood University, I am required to participate in a production as a leading part. This paper chronicles the process and experience of performing in the musical masterpiece, as well as the history of the show.

Pathetic Argument In Constitutional Law, Jamal Greene

Faculty Scholarship

Pathetic argument, or argument based on pathos, persuades by appealing to the emotions of the reader or listener. In Aristotle's classic treatment, it exists in parallel to logical argument, which appeals to deductive or inductive reasoning, and ethical argument, which appeals to the character of the speaker. Pathetic argument is common in constitutional law, as in other practical discourse-think of "Poor Joshua!"- but existing accounts of constitutional practice do not provide resources for understanding the place of and limitations upon such appeals when they appear in judicial opinions. This Article begins to fill that gap. Pathetic argument is one of …

Trial By Preview, Bert I. Huang

Faculty Scholarship

It has been an obsession of modern civil procedure to design ways to reveal more before trial about what will happen during trial. Litigants today, as a matter of course, are made to preview the evidence they will use. This practice is celebrated because standard theory says it should induce the parties to settle; why incur the expenses of trial, if everyone knows what will happen? Rarely noted, however, is one complication: The impact of previewing the evidence is intertwined with how well the parties know their future audience-that is, the judge or the jury who will be the finder …

Malpractice Mobs: Medical Dispute Resolution In China, Benjamin L. Liebman

Faculty Scholarship

China has experienced a surge in medical disputes in recent years, on the streets and in the courts. Many disputes result in violence. Quantitative and qualitative empirical evidence of medical malpractice litigation and medical disputes in China reveals a dynamic in which the formal legal system operates in the shadow of protest and violence. The threat of violence leads hospitals to settle claims for more money than would be available in court and also influences how judges handle cases that do wind up in court. The detailed evidence regarding medical disputes presented in this Essay adds depth to existing understanding …

Coordination Reconsidered, Richard Briffault

Faculty Scholarship

At the heart of American campaign finance law is the distinction drawn by the Supreme Court in Buckley v. Valeo between contributions and expenditures. According to the Court, contributions may be limited because they pose the dangers of corruption and the appearance of corruption, but expenditures pose no such dangers and therefore may not be limited. The distinction between the two types of campaign spending turns not on the form – the fact that contributions proceed from a donor to a candidate, while expenditures involve direct efforts to influence the voters – but on whether the campaign practice implicates the …

Sharing The Risks And Rewards Of Economic Migration, Anu Bradford

Faculty Scholarship

International cooperation on economic migration has been difficult to achieve. The interests of emigration countries ("source countries") and immigration countries ("destination countries') seem impossible to align. These countries disagree on who should migrate: source countries resist migration that leads to a brain drain, while destination countries welcome these very migrants given that they are likely to be the most productive citizens and the least likely to become fiscal burdens on the destination country. In addition, destination countries resist migration that leads to domestic unemployment through labor replacement. As a result, international economic migration remains restricted at a substantial cost to …

The Effect Of Long-Term Capital Gains And Dividend Tax Rate On The Performance Of Market Indexes Based On Market Capitalization, Jason Wheaton

Theses

Through recent political history there is a common theme about taxes that is presented often: That small businesses are affected differently than larger companies. Though in political parlance small business is different than a small cap company, studying the effects of taxes on small cap companies can help discern if taxation does affect companies differently based on size. The study of the literature provides a background of critical elements such as Gross Domestic Product (GDP), interest rates and inflation, as well as factors such as fiscal policy and informational uncertainty that have an effect on stock prices. Through regression analysis …

Online Book-Buying Behavior, Carolina Ziegler

Theses

Generally speaking, the Internet is directly influencing the buying decision-making process of the consumer. More than ask relatives and friends' opinions, current customers tend now to acquire information about products on search engines, social networks, blogs, or websites. Therefore, this research was set to develop a better overall understanding about online buying behavior.

The e-commerce is growing every year and the number of consumers willing to spend money on virtual transactions follows this tendency. In order to better understand this trend, the market for academic books was chosen as a reference to appreciate how consumers behave when buying a specific …

Factors That Determine Satisfaction Of Corporate Customers Of A Major Third Party Logistics (3pl) Company: A Case Study Of Unyson Logistics Usa, Claudia A. Rojas

Theses

The study of the service offered in 2010 by Unyson Logistics was consolidated within one customer survey as a need to promote organizational success by reaching customer satisfaction. The interest in satisfaction is due to the several advantages and benefits that offer the philosophy of excellence, among other things, increase the number of loyal customers, increasing the attraction of new clients, new opportunities to help development, improve the policy of reducing costs and optimize the company's image, and reach a higher level of satisfaction regarding the overall experience. This research will determine the main factors that will help Unyson Logistics …

Squam Lake Site 10 Sandwich Bay, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Squam Lake Site 12 Moultonborough Bay, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

Land reclaimed from navigable waters is a resource uniquely susceptible to conflict. The multiple reasons for this include traditional hostility to interference with navigable waterways and the weakness of rights in submerged land. In Illinois, title to land reclaimed from Lake Michigan was further clouded by a shift in judicial understanding in the late nineteenth century about who owned the submerged land, starting with an assumption of private ownership but eventually embracing state ownership. The potential for such legal uncertainty to produce conflict is vividly illustrated by the history of the area of Chicago known as Streeterville, the area of …

Squam Lake Site 16a Inner Dog Cove, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Squam Lake Site 9a Inner Squaw Cove, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Rrh Library Newsletter, January 2013, Libraries At Rochester Regional Health

Rochester Regional Health authored publications and proceedings

Newsletter sections include: Superbugs; Coming Soon! HUBNET; Journal Title Changes

Using Option Prices And Open Interest To Forecast Future Volatility Of A Small Cap Biotech Security Facing A Binary Event, Chris Abbott

Theses

The purpose of this study is to determine the accuracy of price targets set by options traders for small cap biotech companies approaching a Food and Drug (FDA) event. The study also highlights whether or not an increase in open interest improves the accuracy of options traders target price estimates. The thesis for this paper states that the options estimates of future price movement are accurate predictors of the future price one day before the FDA event. This thesis studies small cap biotech stocks with an approaching FDA approval or advisory committee meeting for the time period of December 2007 …

Predicting Registered Health Information Administrator Examination Scores, James Condon

College of Graduate Studies: Theses & Dissertations

The purpose of this study was to determine whether differences existed among candidates for the Registered Health Information Administrator certification examination that may have characterized the likelihood of acquiring professional certification upon graduation from accredited health information administration education programs. The research was conducted using data acquired from accredited health information administration education programs located across the United States. A total of 197 former student records were obtained and used in the statistical analyses; 118 were employed in correlation analysis and to develop a Registered Health Information Administrator certification examination success prediction model and to establish a 95% Approximate Prediction …

The Relationship Between Mandatory School Uniforms And Attendance, Jessica Mayweather

College of Graduate Studies: Theses & Dissertations

The purpose of this study is to determine whether a relationship exists between the implementation of a mandatory uniform policy in an urban public middle school and student attendance rates (as measured by the schools yearly progress report collected by the state Board of Education). Four schools serving students in grades 6-8 in an urban school district in Georgia were included in this study.

Three comparisons were used to determine whether or not and, if so, the extent to which the relationships existed. Some qualitative and quantitative measures were utilized in the design of this mixed method study. These methods …

The Impact Of Religious Commitment And Motivation On African American Male Academic Achievement, Beverly Cabble Logan

College of Graduate Studies: Theses & Dissertations

The purpose of this mixed method, pragmatic, research study was to determine, from successful African American college age students, what influences have contributed to their academic success. Quantitative data were collected using two survey instruments, the Religious Commitment Inventory (RCI-10) and a researcher created demographic instrument for data collection. Qualitative data were collected through five researcherconducted focus group discussions with 10 African American students enrolled in a four year university located in the southeast region of the United States. The guiding questions were: How does religious commitment impact academic achievement among minority male college students? What relationship exists between religious …

A Case Study Of The Impact Of An Intervention Scheduling Model On Academic Achievement In English And Mathematics By Students In Need Of Remediation, Dora Harvey

College of Graduate Studies: Theses & Dissertations

This case study explored the impact of a scheduling intervention on the Georgia High School Graduation Test standardized achievement test scores of students identified as in need of remediation in the content areas of English and mathematics, paired with the perception of this scheduling model from key informants in the study. Students in the scheduling intervention were enrolled in a year-long, alternating content-day block scheduling model. The quantitative portion reviewed Georgia High School Graduation Test score data for students who participated in a modified block (referred to as Schedule Two) results were analyzed, indicating passing percentages, and number for each …

Teachers' Perceptions Of Professional Development Activities Which Result In Successful Integration Of Classroom Instructional Technologies, Lisa Blackmon

College of Graduate Studies: Theses & Dissertations

Recent research demonstrates the expectation of the use of technology in schools. Advances in technology often require teachers to learn new methods of teaching while trying to keep up with rapidly increasing technological changes. Unfortunately, many teachers report being inadequately prepared to utilize instructional technologies in their classrooms. School leaders have the complex task of providing effective training that meets their teachers’ needs. In this quantitative study, the author sought to determine teachers’ perceptions of professional development activities which result in successful classroom integration of instructional technologies in schools. Teachers from two school districts in Georgia were surveyed. Data were …

Perceptions Of Delinquency Among Male Athletes And Non-Athletes: A Qualitative Investigation, Humphrey Nartey

College of Graduate Studies: Theses & Dissertations

It is presumed that the involvement in sports helps to deter delinquency, yet athletes who seemingly have it all engage in destructive delinquent lifestyles (Savini, 2008). Many theorists contend that the "jock identity" or "sport hubris" is largely responsible, as people think they will be treated more favorably if they are athletes (Miller et al., 2006). This perception raises the question of whether athletes know and understand the constructs of delinquency. Thus the purpose of this study was to examine male athletes' and non-athletes' perceptions of the minor and major substrates of delinquency. A semi-structured interview was used to gather …

Casting Minority Gifted Students: The Pedagogical Impact Of Cinema On The Culture Of Schooling, Deborah F. Burnette

College of Graduate Studies: Theses & Dissertations

African American students are significantly underrepresented in gifted education programs. This dissertation creates a space where gifted education, African American students, media literacy, and teacher perceptions intersect in the field of curriculum studies. Media literacy will be utilized to critique popular films by gifted endorsement teacher-students and myself. Due to the low number of states that require pre-service teachers to study gifted characteristics of children it is left up to gifted teacher endorsement programs to train teachers. By using media literacy to examine films in gifted teacher endorsement programs, I assert that the under-representation of African American students in the …

Auditing, Natasha Ware

Syllabus Repository

No abstract provided.

Impact Of Social Identity On Rape Legitimacy And Myth Acceptance, Rachael Rosenberg

College of Graduate Studies: Theses & Dissertations

The current research assessed whether a statement by a deviant political ingroup (versus outgroup) member elicited measureable differences on trivialization, cognitive dissonance, rape myth acceptance, or decision to vote for that candidate, and if explicitly “debunking” the statement made by this politician further impacted these variables. Participants were randomly assigned to read a statement made by a Republican or Democratic politician, who would either be an ingroup or outgroup member based on the party affiliation of each participant. Results indicate that while there were no significant differences between Republican or Democratic participants overall, Republicans tended to trivialize the statements made …

Perceptions Of Teachers And Administrators Regarding The Teacher Evaluation Process, Joy Davis Sheppard

College of Graduate Studies: Theses & Dissertations

Teacher evaluations can be a tool for increasing teacher effectiveness and accountability if it is determined how evaluations can be best used. According to current literature, this is not the case. It is more pertinent than ever that administrators use evaluations to strengthen marginal teachers and further develop skills of teachers who are already proficient. However, few studies exist pertaining to teacher and administrator perceptions of teacher evaluation effectiveness and even fewer focus Georgia teacher evaluations. The purpose of this descriptive study was to investigate perceptions of the teacher evaluation process held by teachers and administrators in southeast Georgia so …

Transferability And Alignment Of Program Exemplars In Teacher Preparation, Juliann Sergi Mcbrayer

College of Graduate Studies: Theses & Dissertations

Teacher preparation needs to be revamped to adequately prepare teachers for P-12 classrooms. Public charter schools are experiencing challenges that include high teacher attrition rates and staffing difficulties in a rapidly growing sector, as well as obstacles for teachers to obtain certification. Thus, charter school teachers are seeking a “choice” in teacher preparation to meet the innovative needs of the sector. To address critical shortages of highly effective teachers, states are offering both traditional and nontraditional teacher preparation to earn licensure. The goal of this study was to determine if program exemplars from traditional teacher preparation were transferable to, and …

Reimagining The Liberal Arts In An Age Of Technoscientific Progress, Melanie Moore Watson

College of Graduate Studies: Theses & Dissertations

The following study will investigate the impact of dismantling liberal arts curriculum during an era of dramatic technoscientific progress. I will explore the development of the posthuman focusing specifically on the areas of virtual reality and biomedicine. As I unravel the implications that virtual reality and biomedicine will have on society in the coming decades, I will describe how a new liberal arts curriculum must be entertained by educators in order to maintain innovation, play, and ethical considerations in posthuman developments. In order for our students to become contributing members of a global community, they must be given the opportunity …