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2014

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Spirituality And Hope As Influences On Family Cohesion Among African American Men, Jennifer Joan Desouza Jan 2014

Spirituality And Hope As Influences On Family Cohesion Among African American Men, Jennifer Joan Desouza

Walden Dissertations and Doctoral Studies

Researchers have found that African American men have a history of difficulty in maintaining family cohesion. Researchers have also found that, in comparison to European American men, African American men are more likely to populate the penal systems, are more abusive to their partners, are less supportive of their children, and are less likely to have stable cohesive relationships. Evidence suggests that African American men draw strength from spirituality and hope, which are the core values of their culture. Drawing from these previous findings, as well as the stages of faith theory, hope theory, and the circumflex model of marital …


Enhancing Nurses' Perceptions Of Patient Safety Culture Through The Just Culture Model, Aida Solomon Jan 2014

Enhancing Nurses' Perceptions Of Patient Safety Culture Through The Just Culture Model, Aida Solomon

Walden Dissertations and Doctoral Studies

An organizational culture of safety affects employees' attitudes, beliefs, perceptions, and values related to safe practice as well as their behaviors and level of engagement. The purpose of this project was to determine the influence of introducing the just culture model through staff engagement in an interactive workshop. A convenience sample of acute care staff were recruited for this 1-sample pretest and posttest project design. The Agency for Healthcare Research and Quality Hospital Survey on Patient Safety Culture instrument was used to measure safety culture perceptions on 7 dimensions pre and post intervention. For the theoretical framework, Ajzen's theory of …


Work Group Composition Effects On Leadership Styles In Aircraft Manufacturing Organizations., Monica Lynn Dunnagan Jan 2014

Work Group Composition Effects On Leadership Styles In Aircraft Manufacturing Organizations., Monica Lynn Dunnagan

Walden Dissertations and Doctoral Studies

leadership styles

homogeneous versus heterogeneous

manufacturing leaders

contractor workforce


Stakeholders' Roles In Prioritizing Technical Vocational Education And Training In Postconflict Liberia, Edward S. Forh Jan 2014

Stakeholders' Roles In Prioritizing Technical Vocational Education And Training In Postconflict Liberia, Edward S. Forh

Walden Dissertations and Doctoral Studies

Postconflict governments and counterparts have collaborated to provide skills training to communities as a critical postconflict development strategy. In these undertakings, the role of community members remains largely undefined. The purpose of this qualitative descriptive case study was to understand the perceptions held by rural community members regarding the role they played in influencing government's policy priority for technical and vocational education and training (TVET) as a local human development strategy in postconflict Liberia. The conceptual framework was based on human capital theory and concepts of motivation and achievement. Fourteen participants were purposefully selected for the study. Data were collected …


Purpose And Design In Organisms And Artifacts: The Search For A Unified Philosophical Theory Of Function, Mark L. Bourgeois Jan 2014

Purpose And Design In Organisms And Artifacts: The Search For A Unified Philosophical Theory Of Function, Mark L. Bourgeois

Dissertations

This work examines the concept of function in both biological organisms and designed artifacts. Function is routinely attributed within both kinds of systems, yet it is unclear whether it can mean the same thing within each, and indeed whether function attribution within natural systems is legitimate at all. Function is typically understood to have teleological content; yet in true teleological causation, the end is somehow the cause of its own means. In artifacts the consciously envisioned design of an artifact is taken to be the cause of its parts and their roles. Yet in naturalistic science there is no prior …


Corporate Social Responsibility In The Nigerian Banking Sector, Cecily Joy Adeleke Jan 2014

Corporate Social Responsibility In The Nigerian Banking Sector, Cecily Joy Adeleke

Walden Dissertations and Doctoral Studies

Corporate social responsibility is presently defined by the World Business Council of Sustainable Development as persistent commitment by businesses to behave ethically and contribute to economic development while also increasing the quality of life of employees, their families, and the community. Guided by Freeman's stakeholder theory, this study examined the relationship between corporate social responsibility and the Nigerian bankers' reported satisfaction with the Nigerian banking sector. Survey data were collected from a convenience sample of 99 Nigerian bankers, including branch managers, zonal managers, tellers, marketers, and investors. A single-stage sampling procedure was used to elicit their satisfaction with the Nigerian …


Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton Jan 2014

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Georgia Law Review

Car crashes kill more teens each year than any other cause, and of the crashes in which they are involved, teens are overwhelmingly at fault. Teens crash at rates far higher than those of older drivers, and the younger the teen driver, the higher the risk-sixteen-year-old drivers have crash rates 250% higher than those of eighteen-year- olds. Driving experience does not explain the difference; younger beginners crash at rates higher than those of older beginners. Instead, younger teens' increased crash risk results primarily from immature regulatory competence. In other words, the capacities required for driving competence are still immature in …


The Impact Of Clapper V. Amnesty International Usa On The Doctrine Of Fear-Based Standing, Amanda M. Mcdowell Jan 2014

The Impact Of Clapper V. Amnesty International Usa On The Doctrine Of Fear-Based Standing, Amanda M. Mcdowell

Georgia Law Review

The Supreme Court's 2013 decision in Clapper v. Amnesty International USA dealt with the government's electronic surveillance authority under the Foreign Intelligence SurveillanceAct (FISA) Amendments. In a 5- 4 opinion, the Court held that a variety of U.S. persons, including attorneys and media organizations, did not have standing to challenge the constitutionality of the FISA Amendments because the plaintiffs' fear of future unlawful surveillance was not "certainly impending." Depending on how lower courts choose to interpret Clapper, the decision could have a significant impact on the doctrine of fear-based standing, which allows plaintiffs to establish standing based on fear of …


How To Make America Walkable, Michael Lewyn Jan 2014

How To Make America Walkable, Michael Lewyn

Scholarly Works

Review of Walkable City, by Jeff Speck


Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen Jan 2014

Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen

Scholarly Works

Local land use laws offer powerful tools for climate change adaptation and mitigation. However, notwithstanding New York municipalities’ many impressive efforts, local laws are not yet being utilized sufficiently to create disaster-resilient or disaster-adaptive communities. New York City has done substantially more than many other cities, including, critically, setting specific CO2 emissions reduction targets and amending zoning and building codes. But, in light of the evidence of climate change and its impacts, local decision makers, resource managers, and planners throughout the state must ask whether we are doing enough. Failure to do so will continue to be costly in terms …


On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 2 Of 2), Sarah J. Adams-Schoen Jan 2014

On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 2 Of 2), Sarah J. Adams-Schoen

Scholarly Works

New York City, like other major cities around the world, has acknowledged the problem of climate change and begun to implement proactive policies to decrease the city’s contribution to the problem (i.e., mitigation) and to make the city less vulnerable to the effects of climate change (i.e., adaptation). The City’s initiatives have been comprehensive and progressive, especially its climate change-related data analysis and communication initiatives including NPCC, and its comprehensive reform of building and other related codes. The City’s commitment to reduce greenhouse gas emissions by 30% by 2030 and its progress toward that goal are also laudable, but the …


Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik Jan 2014

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Richard Delgado’s article, Standardized Testing as Discrimination: A Reply to Dan Subotnik.


The Relationship Between Hate Groups And Far-Right Ideological Violence, Amy Adamczyk, Jeff Gruenwald, Steven M. Chernak, Joshua D. Freilich Jan 2014

The Relationship Between Hate Groups And Far-Right Ideological Violence, Amy Adamczyk, Jeff Gruenwald, Steven M. Chernak, Joshua D. Freilich

Publications and Research

This study examines whether the presence of hate groups increases the likelihood of serious ideologically motivated violence committed by far-rightists. While hate crime research has generally focused on a single state or made comparisons across several states, we seek to examine this relationship within the context of U.S. counties. A smaller unit of analysis allows for the simultaneous consideration of several social processes operating at the community level, which might also influence ideologically motivated offending by far-right extremists. We test the relationship using data from the Extremist Crime Database (ECDB) for the dependent measure, the Southern Poverty Law Center (SPLC) …


Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry Jan 2014

Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry

Kentucky Law Journal

In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …


The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton Jan 2014

The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton

Kentucky Law Journal

In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyber law community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital "right to be forgotten." The search results in question related to a mortgage sale of property in a …


Busting The Ghost Guns: A Technical, Statutory, And Practical Approach To The 3-D Printed Weapon Problem, Katherine E. Beyer Jan 2014

Busting The Ghost Guns: A Technical, Statutory, And Practical Approach To The 3-D Printed Weapon Problem, Katherine E. Beyer

Kentucky Law Journal

No abstract provided.


Table Of Contents Jan 2014

Table Of Contents

Georgia Law Review

No abstract provided.


Agency As Principal, Brigham Daniels Jan 2014

Agency As Principal, Brigham Daniels

Georgia Law Review

A presumption of a principal-agentrelationship between the elected branches and the bureaucracy permeates administrative law and scholarship. This typical framework consistently casts agencies as agents, never principals. This Article challenges that assumption and explores the ways in which agencies can act as principals to the elected branches. Agencies, in fact, commonly manipulate the elected branches. The challenge posed by the Article to the typical understandingof the relationship between agencies and the elected branches not only provides a more nuanced understanding of the modern administrative state but also raises serious questions about administrative law, which regularly employs this same faulty assumption.


Soft Whistleblowing, Amanda C. Leiter Jan 2014

Soft Whistleblowing, Amanda C. Leiter

Georgia Law Review

This Article explores the underappreciated role that agency insiders play in directing outside oversight of their employer agencies and, in turn, manipulating agency policy development. Specifically, the Article defines, documents, and evaluates the phenomenon of "soft whistleblowing"-an agency employee's deliberate, unsanctioned,substantive, and instrumental disclosure of nonpublic information about issues of policy. This phenomenon is ubiquitous but has received no systematic attention in the academic literature. As the Article demonstrates, agency employees regularly engage in soft whistleblowing to congressional staff, journalists, and agency watchdog groups, in an effort to bring outside pressure to bear on their employer agencies to shift policymaking …


Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee Jan 2014

Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee

Georgia Law Review

Media lawyers frequently describe New York Times Co. v. Sullivan as a great win for the press. Certainly the Court's ruling saved the New York Times from financial ruin. However, four Alabama ministers active in the Southern Christian Leadership Conference (SCLC), Ralph D. Abernathy, Joseph E. Lowery, Fred L. Shuttlesworth, and S.S. Seay Sr., were also targeted by Sullivan as defendants. Despite testimony that the ministers had not authorized the use of their names in the advertisement, "Heed Their Rising Voices," and learned of the ad only when Sullivan asked them for a retraction, the jury found each liable for …


Website Interactivity As A Branding Tool For Hotel Websites, Albert Barred Davila Jan 2014

Website Interactivity As A Branding Tool For Hotel Websites, Albert Barred Davila

Electronic Theses and Dissertations

The dissertation explored the relationships among Website interactivity, brand knowledge, consumer-based brand equity and behavioral intentions in the context of hotel Websites. Based on an in-depth literature review, a theory-driven model was proposed and ten hypotheses were developed. The dissertation employed an empirical study based on a survey design, and collected data via a marketing company. Respondents who booked a hotel room online using hotel branded Websites in the last 12 months were approached to complete the online questionnaire. Four hundred ninety six (496) respondents completed the online questionnaire by answering to questions related to their last hotel booking experience. …


Antecedents And Consequences Of Customer Experience In Beverage Establishments, Milos Bujisic Jan 2014

Antecedents And Consequences Of Customer Experience In Beverage Establishments, Milos Bujisic

Electronic Theses and Dissertations

It is estimated that there are approximately 42,000 beverage establishments in the U.S. whose annual revenue surpasses $20 billion (First Research, 2014). To facilitate discussion of beverage establishments, it is essential to recognize beverage establishments as businesses whose majority of sales come from alcoholic drinks (Moss, 2010a). In this research, beverage establishments are divided into beverage-only bars, bar/entertainment combinations, and food and beverage combinations. Even though they are a well-established industry, beverage establishments have received little academic attention (Moss, 2010b). For example, previous studies have given little attention to the development of the model that examines the relationships between quality …


The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn Jan 2014

The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn

Publications and Research

After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.

Our work encompassed research on, and analyses of, the …


Lethal Injection Chaos Post-Baze, Deborah W. Denno Jan 2014

Lethal Injection Chaos Post-Baze, Deborah W. Denno

Faculty Scholarship

In 2008, with Baze v. Rees, the Supreme Court broke decades of silence regarding state execution methods to declare Kentucky’s lethal injection protocol constitutional, yet the opinion itself did not offer much guidance. In the six years after Baze, legal challenges to lethal injection soared as states scrambled to quell litigation by modifying their lethal injection protocols. My unprecedented study of over 300 cases citing Baze reveals that such modifications have occurred with alarming frequency. Moreover, even as states purportedly rely on the Baze opinion, they have changed their lethal injection protocols in inconsistent ways that bear little …


Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet Jan 2014

Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet

Faculty Scholarship

This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of …


Nationalization And Necessity: Takings And A Doctrine Of Economic Emergency, Nestor M. Davidson Jan 2014

Nationalization And Necessity: Takings And A Doctrine Of Economic Emergency, Nestor M. Davidson

Faculty Scholarship

Serious economic crises have recurred with regularity throughout our history. So too have government takeovers of failing private companies in response, and the downturn of the last decade was no exception. At the height of the crisis, the federal government nationalized several of the country’s largest private enterprises. Recently, shareholders in these firms have sued the federal government, arguing that the takeovers constituted a taking of their property without just compensation in violation of the Fifth Amendment. This Essay argues that for the owners of companies whose failure would raise acute economic spillovers, nationalization without the obligation to pay just …


Privacy In Public, Joel R. Reidenberg Jan 2014

Privacy In Public, Joel R. Reidenberg

Faculty Scholarship

As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay addresses a key conceptual problem in US privacy law identified by Justice Sotomayor in U.S. v. Jones and by Justice Scalia in Kyllo v. U.S.; namely that technological capabilities undermine the meaning of the third-party doctrine and the 4th Amendment's ‘reasonable expectation of privacy’ standard. The essay argues that the conceptual problem derives from the evolution of three stages of development …


The Dape-Encoded N-Succinyl-L,L-Diaminopimelic Acid Desuccinylase (Dape) From Haemophilus Influenzae As A Prospective Target For The Development Of Novel Antibiotics, Anna Starus Jan 2014

The Dape-Encoded N-Succinyl-L,L-Diaminopimelic Acid Desuccinylase (Dape) From Haemophilus Influenzae As A Prospective Target For The Development Of Novel Antibiotics, Anna Starus

Dissertations

The rapid emergence of bacteria that are resistant to todayfs antibiotics makes them more and more ineffective. Consequently, the need for a novel class of antibacterial agents is rapidly increasing. The importance of this project is emphasized by the emergence of several pathogenic bacterial strains that are resistant to all currently available antibiotics on the market today. One way to approach this problem is to develop drugs that target essential bacterial biosynthetic pathways. Based on bacterial genetic information, the meso]diaminopimelate (mDAP)/lysine biosynthetic pathway offers several potential anti]bacterial targets that have not been yet explored. One of these, the dapE-encoded N-succinyl-L,L-diaminopimelic …


Confederate Slave Impressment In The Upper South, Aaron Astor Jan 2014

Confederate Slave Impressment In The Upper South, Aaron Astor

Civil War Book Review

Interactions Between Slavery and the State

Central to the Confederate military effort was the mobilization of its entire population – men and women, free and enslaved, white and black – in behalf of the new nation. How exactly a Southern Confederacy founded upon the ideological cornerston....


Glorious War: The Civil War Adventures Of George Armstrong Custer, Mark A. Smith Jan 2014

Glorious War: The Civil War Adventures Of George Armstrong Custer, Mark A. Smith

Civil War Book Review

Custer Before Little Big Horn

Thom Hatch is the author of several works focused on the history of the American west and aimed at a popular audience. His most recent offering, Glorious War: The Civil War Adventures of George Armstrong Custer, seeks to rehabilitate Custer’s reputatio....