Digital Commons Network^™

A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan

Scholarly Publications

Despite their many differences, Americans have long been bound by a shared sense of federal constitutional commonality. As this article demonstrates, however, federal constitutional rights do in fact often differ — even within individual states — as a result of state and lower federal court concurrent authority to interpret the Constitution and the lack of any requirement that they defer to one another’s positions. The article provides the first in-depth examination of intra-state, state-federal court conflicts on federal constitutional law and the problems that they create. Focusing on criminal procedure doctrine in particular, with its unique impact on individual liberty …

A Quantitative Study Of Educational Poverty, School Location, And Student Achievement Measured By The Program For International Student Assessment (Pisa), Brett Barger

Dissertations

The performance of the United States’ students on international tests remains an ongoing source of concern, division, and anxiety for government, educational, and business leaders, teachers (and their unions), as well as the general public. These selfsame test results have been used as evidence to support diametrically opposed political and educational strategy and policy for decades. All too often the performance of students is discussed with a single test score number that is used to represent the entirety of the education system’s students without accounting for geographical, demographic, or socioeconomic differences among the student test takers. The contributing factors of …

Restoration Of Bison (Bison Bison) To Agate Fossil Beds National Monument, A Feasibility Study, Daniel S. Licht

United States National Park Service: Publications

Executive Summary

Agate Fossil Beds National Monument is a 3,057-acre park located in western Nebraska. The unit is comprised of northern mixed-grass prairie vegetation, typical of the Northern Great Plains. Weather, fire, and grazing are generally considered to be the ecological drivers of prairie ecosystems and critical for prairie health. However, grazing has essentially been absent since the 1960s. In 2014, a Department of the Interior report explicitly listed the park as a high priority for bison restoration. This report evaluates the feasibility, management options, benefits, and challenges of restoring bison to Agate Fossil Beds National Monument.

A potential bison …

Transport Policy In The Klang Valley, Malaysia: The Sustainability Agenda, R.N. Raja Ariffin, R.K. Zahari, M. Tumin

Research Publications (2011 to 2015)

There are many definitions of sustainable transport system, but generally it takes into account the three elements of sustainable development: the economy, the environment and the social well-being when deciding on policy that is affecting transportation activity. This paper examines the urban transport policy and its implications on sustainable transport agenda in the Klang Valley, Malaysia. The research utilizes a combination of primary and secondary data. Interview was employed to gather the primary data, while scholarly works, government documents and archival records are the instruments used for gathering the secondary data. The findings shed light on the implications of transport …

The Cape Town Convention And The Law Of Outer Space: Five Scenarios, Mark J. Sundahl

Law Faculty Articles and Essays

The adoption of the Space Assets Protocol to the Cape Town Convention marked a new era in the evolution of the law of outer space by providing the first space treaty regarding private international law. This Protocol was not created in a legal vacuum, but was drafted against the background of the existing United Nations space treaties that were drafted in the 1960s and 1970s. Although the existing UN treaties address public international law and therefore cover subject matter that is quite distinct from the private law issues addressed by the Space Assets Protocol, there are still points at which …

The Spinnaker November 2014, University Of North Florida

Spinnaker

Student newspaper for the UNF community. Date: November 2014

Poem No. 112, November 2014, Huntsville Literary Association (Huntsvile, Ala.)

POEM

The Huntsville Literary Association was founded in 1967 to provide a community for writers, readers, and artists through workshops, readings, and educational programs. One of their key contributions is the literary magazine titled POEM which showcases original writings from both established and emerging writers. This issue features poems from various writers.

Transhumanism And Catholic Natural Law: Changing Human Nature And Changing Moral Norms?, Brian Patrick Green

Staff Publications and Research

In this chapter I propose a preliminary response to the transhumanist challenge to natural law by investigating six basic questions: ( 1) Is human nature relevant to morality? (2) Is human nature mutable? (3) How would we know if human nature had changed? ( 4) Could cultural evolution replace biological evolution? (5) How would human nature and human will relate to each other under these new transhuman conditions? (6) Is it possible to construct a dynamic ethic to fit a dynamic nature, and if so, what might that ethic be?

Overall, I argue that it is possible to maintain a …

Photo Essay: The Other Las Vegas, Ronald F. Reynolds

Bridgewater Review

No abstract provided.

Depicting The Tree Of Life In Museums: Guiding Principles From Psychological Research, Laura R. Novick, Jane Pickering, Teresa Macdonald, Judy Diamond, Shaaron Ainsworth, Adriana E. Aquino, Kefyn M. Catley, Jeff Dodick, Evelyn Margaret Evans, Camillia Matuk, Janis Sacco, Monique Scott

University of Nebraska State Museum: Programs Information

The Tree of Life is revolutionizing our understanding of life on Earth, and, accordingly, evolutionary trees are increasingly important parts of exhibits on biodiversity and evolution. The authors argue that in using these trees to effectively communicate evolutionary principles, museums need to take into account research results from cognitive, developmental, and educational psychology while maintaining a focus on visitor engagement and enjoyment. Six guiding principles for depicting evolutionary trees in museum exhibits distilled from this research literature were used to evaluate five current or recent museum trees. One of the trees was then redesigned in light of the research while …

Climate Champion: Christiana Figueres (Vol. 1. Issue 2), Global Leadership Dialogues

Center for Governance and Sustainability Publications

Christiana Figueres is the Executive Secretary of the UN Framework Convention on Climate Change. She founded the non-profit Center for Sustainable Development of the Americas, and directed it for eight years (1995 – 2003). She also designed and helped to establish national climate change programs in eight Latin American countries, thereby promoting strong participation of the countries in that region in the Climate Change Convention.

Close On The Wind: An Environmental Military History Examining Wind’S Influence On The Early United States Navy, Scott J. Beehler

Department of History: Dissertations, Theses, and Student Research

Utilizing General Carl von Clausewitz’s theory of friction in combat, Close on the Wind examines wind’s historical influence on early United States naval warfare, specifically small scale engagements fought during the Quasi War, First Barbary War, and the War of 1812. To accomplish this, the thesis first engages in a scientific discussion of wind, concentrating on how it occurs and what forces dictate its velocity and direction. The examination goes on to also present the types of wind that period sailing vessels encountered, including global, regional, and local patterns, as well as how wind influenced the practice of sailing and …

Bridgewater Review, Vol. 33, No. 2, November 2014

Bridgewater Review

No abstract provided.

Teaching Note - The Classroom As The World: Understanding The Value Of Experiential Learning, Lisa M. Litterio

Bridgewater Review

No abstract provided.

The Sports Gene: Inside The Science Of Extraordinary Athletic Performance, Dave Ogden

International Dialogue

David Epstein is another author chasing the elusive answer to one of the basic and ageless issues of social and natural sciences: Nature versus nurture. His discoveries and conclusions in The Sports Gene: Inside the Science of Extraordinary Athletic Performance are not necessarily new, but he provides ample and interesting evidence that leans more heavily on the side of nature. In doing so, he takes on stock believers in Karl Anders Ericsson’s theoretical set called “deliberate practice.” Ericsson and his colleagues have studied elite “performers” in a variety of fields, including typing, chess playing, musicianship, and athletic skills. Ericsson found …

Human Rights & Gender Violence: Translating International Law Into Local Justice, Pattaka Sa-Ngimnet

International Dialogue

This book explains how international human rights laws are created by consensus through representatives of local and national governments and then become translated into content acceptable to local communities. In an introductory chapter the author presents the overall arguments of the entire work. She also gives examples that support the arguments and lays out the pattern of human rights legislation by using the specific example of gender violence. Emphasizing language, she explains how it is understood in diverse ways. The rest of the book is concerned with more specific examples. Chapter two deals with creating human rights law (36–71). Chapter …

Avatar And Nature Spirituality, Martin Schönfeld

International Dialogue

“To put it mildly, the world is a mess.” Madeleine Albright, former U.S. Secretary of State, 27 July 2014 James Cameron’s Avatar (2009) was the first film to combine stereoscopic imagining and motion-capture animation for a flawless 3-D presentation. It was nominated for nine Academy Awards, including Best Director and Best Picture, and won three, for Cinematography, Art Direction, and Visual Effects. It was also the first box-office hit to gross more than $2 billion, and it remains the highest-grossing film to date. It made cinematic history. But it was more than an aesthetic triumph. Avatar is also a cultural …

The Spatial Turn In Social History: A Review Of Recent Research Trends, Fiona Williamson

Research Collection School of Social Sciences

In 2010 Ralph Kingston highlighted how history’s ‘rediscovery of space and place’was firmly on the agenda for the twenty-first century.1 Four years on this article askswhether Kingston’s claim is still valid or whether historians’ passion for all thingsspatial has run its course. This article reviews five recent collections of essays connected by themes of urban space and place, and asks how far the exploration of spaceas a way of understanding the past is still proving an embryonic and constructiveway of approaching the past.

Difference And The Establishment: An Asian Canadian Senior Pastor's Evangelical Spatiality At Tenth Avenue Alliance Church In Vancouver, Bc, Justin K. H. Tse

Research Collection School of Social Sciences

This paper explores how the evangelical spatiality of an Asian Canadian senior pastor at a historically Anglo-Saxon congregation has transformed it from an ethnically homogeneous, aging church to a heterogeneously-constituted gathering in an evangelical Protestant tradition. This piece challenges the conventional wisdom of the church growth movement and the new religious economics in the sociology of religion, both of which advise religious groups to construct homogeneity and consensus in efforts for numerical growth over against secularizing forces. The paper argues instead that Pastor Ken Shigematsu’s evangelical spatiality from the mid-1990s to the present must be understood as a theological embrace …

Can American Christians Care About Hong Kong’S Umbrella Movement?, Justin Kh Tse

Research Collection School of Social Sciences

It’s a delicate task to write about how American Christians, especially evangelicals, can care about Hong Kong’s Umbrella Movement.

Criminal Justice As A Colonial Project In Contemporary Settler Colonialism, Juan Marcellus Tauri, Ngati Porou

African Journal of Criminology and Justice Studies

This paper offers an Indigenous-centred, critical perspective on the Colonial Projects (Thomas, 1994) employed in settler-colonial contexts to negate, or at the very least nullify, the negative impact of two inter-related ‘wicked problems’ that are deemed peculiar to these jurisdictions: the high levels of Indigenous over-representation in the criminal justice system, and the impact of Indigenous resistance to the hegemony of the imposed, criminal justice systems deployed by settler-colonial states. The paper is comprised of three inter-related parts; the first two outline the construction and deployment of Colonial Projects in the colonial and neo-colonial contexts, wherein it is argued that …

Authoritarian Criminology And The Racial Profiling Debate In Canada: Scientism As Epistemic Violence, Tamari Kitossa

African Journal of Criminology and Justice Studies

The scholarly debate about racial profiling in Canada centres on the attack or defence of methods and conclusions. To date, the scholarly literature in Canada has largely excluded the debate about racial profiling as itself a site of inquiry. Focusing on the 2003 Canadian Journal of Criminology and Criminal Justice (CJCCJ) special colloquy that responded to the Toronto Star’s claims that the Metro Toronto systemically engage in racial profiling, I use Agozino’s critique of imperialist reason and Tauri’s concept of authoritarian criminology to demystify how the CJCCJ and its authoritarian respondents engaged in a positivistic agenda setting ‘discursive formation’ rooted …

"It's Just A Way Of Fitting In:" Tobacco Use And The Lived Experience Of Lesbian, Gay, And Bisexual Appalachians, Keisa Bennett, Janelle M. Ricks, Britteny M. Howell

Family and Community Medicine Faculty Publications

Lesbian, gay, and bisexual (LGB) people are affected by multiple health disparities and risk factors, including tobacco use. Few studies to date have examined tobacco use specifically in rural LGB populations, and none has investigated the intersections of identity, rural LGB culture, and tobacco. The purpose of this study was to explore the perspective of Appalachian LGB people regarding tobacco use.

METHODS: Nineteen LGB-identified Appalachian residents participated in audiotaped, semi-structured interviews. Two authors analyzed and coded transcripts through constant comparison, and determined themes through consensus.

RESULTS: Five themes emerged: the convergence of Appalachian and LGB identities, tacit awareness …

Using Typologies To Frame Poverty And Service Delivery In Suburban America, Kathryn W. Hexter, Debra J. Rog, Kathryn A. Henderson, Kathryn C. Stevens

All Maxine Goodman Levin School of Urban Affairs Publications

Poverty in the suburbs is growing, but there is great diversity in the rates of growth of poverty as well as causes and consequences of the growth across different kinds of suburbs. Suburban typologies, systems to group different types of suburbs, are a useful tool for understanding the variation among suburbs and highlighting potential strategies for addressing poverty. This paper discusses why typologies of suburban communities are important, what factors have been considered in the development and use of typologies, what typologies have been developed to date, and lastly, how typologies can be used to inform strategies for addressing suburban …

It’S Not Will You Succeed? But Can You Afford To Fail?, Girija Pande

Asian Management Insights

With India and China’s economic ties no longer defined only by trade, the countries’ convergence is opening up new opportunities and challenges for businesses on either side seeking to cross the Sino-Indian border.

Do Asian Conglomerates Offer Attractive Risk-Adjusted Returns?, Nandini Vijayaraghavan

Asian Management Insights

Research on a sample of seven Asian conglomerates shows that stocks of some of these companies not only outperformed the S&P 500, but also exhibited lower volatility.

Singapore Exchange: Managing Investment Risk In Times Of Volatility, Geoff Howie

Asian Management Insights

Growing Asian stock exchanges, such as the Singapore Exchange, create economic value for businesses and investors, while helping to reduce volatility by offering a diversified basket of investment choices and equity derivative products.

Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv

Louisiana Law Review

No abstract provided.

Have Dominicans Surpassed Puerto Ricans To Become New York City’S Largest Latino Nationality? An Analysis Of Latino Population Data From The 2013 American Community Survey For New York City And The Metropolitan Area, Laird W. Bergad

Center for Latin American, Caribbean, and Latino Studies

Introduction: This study examines three data sets from the recently released American Community Survey (ACS) of 2013 to estimate the population sizes of the largest Latino national sub groups in New York City and in the City’s surrounding counties.

Methods: Data on Latinos and other racial/ethnic groups were obtained from the U.S. Census Bureau American Community Survey, reorganized for public use by the Minnesota Population Center, University of Minnesota, IPUMSusa. Cases in the dataset were weighted and analyzed to produce population estimates.

Results: The data released by IPUMS in November 2014 from American Community Survey for 2013, and analyzed here, …

In Search Of Relevance And Sustainability Of Educational Change : An International Conference At Aga Khan University Institute For Educational Development, Aga Khan University, Institute For Educational Development

Books

No abstract provided.