Digital Commons Network^™

The Use Of Apps To Prime Learning For A Verbal Task, Christina Frederick, Devin Liskey, Daniel Brown

Publications

This study tested whether or not children’s memory performance would be affected by stimulating brain activity by completing a verbal puzzle task or a non-verbal puzzle task prior to a verbal learning task.

Climate Change: The Proof And The Process, Richard Snow, Mary Snow

Publications

Since what we call civilization began some 12,000 years ago, the mean temperature of Earth has not varied more than 1°C from the average. The forecast change in temperature of from 1.5 to 4°C (2.7 to 7°F) by 2100 has no equal in the recent history of the planet. Changes in the energy output of the sun, changes in the relative position of the sun and Earth, shifting locations of the continents, mountain building, volcanic eruptions, and changes in atmospheric composition all combine to cause our climate to change. Most of the changes in climate of the past can be …

Written Corrective Feedback In The L2 Writing Classroom, Daniel Ducken

EWU Masters Thesis Collection

In 1996, a highly influential essay entitled “The Case against Grammar Correction in L2 Writing Class”, by John Truscott of National Tsing Hua University in Taiwan, appeared in the June edition of Language Learning. In his essay, Truscott argued that empirical research, second language acquisition (SLA) theory, and practical concerns show written grammar correction (WCF) in the L2 writing classroom to be both “ineffective” and “harmful,” and that, therefore, it “should be abandoned” (p. 327). Since the time that Truscott originally expressed his concerns, much recent SLA theory and empirical research have indicated the potential efficacy of written corrective feedback …

A Case Study Of Outsourced Primary Healthcare Services In Sindh, Pakistan: Is This A Real Reform?, Sana Tanzil, Aysha Zahidie, Adeel Ahsan, Ambreen Kazi, Babar Tasneem Shaikh

Community Health Sciences

Background: Since a decade, low and middle income countries have a rising trend of contracting their primary healthcare services to NGOs. In Pakistan, public sector often lacks capacity to effectively & equitably manage the healthcare services. It led the government to outsource the administration of primary health care services to a semi-autonomous government entity i.e. Peoples' Primary Healthcare Initiative (PPHI). This small scale study has assessed the quality of healthcare services at the contracted Basic Health Units (BHUs) with the PPHI and compared it with those managed by the local district government in the province of Sindh.Methods: A cross-sectional mix …

(Anti)Canonizing Courts, Jamal Greene

Faculty Scholarship

Within U.S. constitutional culture, courts stand curiously apart from the society in which they sit. Among the many purposes this process of alienation serves is to “neutralize” the cognitive dissonance produced by Americans’ current self-conception and the role our forebears’ social and political culture played in producing historic injustice. The legal culture establishes such dissonance in part by structuring American constitutional argument around anticanonical cases: most especially “Dred Scott v. Sandford,” “Plessy v. Ferguson,” and “Lochner v. New York.” The widely held view that these decisions were “wrong the day they were decided” emphasizes the role of independent courts in …

Surprisingly Punitive Damages, Bert I. Huang

Faculty Scholarship

Damages can add up to super-punitive amounts in unintended ways. To take a textbook example: The Defendant has caused an industrial accident or other mass tort. Plaintiff 1 sues, winning punitive damages based on the reprehensibility of that original act. Plaintiff 2 also sues – and also wins punitive damages on the same grounds. So do Plaintiff 3, Plaintiff 4, and so forth. If each of these punitive awards is directed at the same general badness of that original act, then these punishments are redundant. When such redundancy occurs, even damages that are meant to be punitive can reach surprisingly …

20140826.2: Affirmative Action, 1981-1985, Affirmative Action

Guides to University Archives

These items include materials from Affirmative Action at Marshall University from 1981-1985. Items were received in 2014 and include notable materials regarding the Equal Employment Opportunity Policy and Affirmative Action plan from 1985. This is not an exhaustive list, but the attached inventory will give a broad overview of what is contained in each of the boxes.

20140822.3: Affirmative Action, 1980-1998, Affirmative Action

Guides to University Archives

These items include materials from the office of Affirmative Action at Marshall University from 1980-1998. Items were received in 2014 and include notable materials about interviewing and hiring practices, sexual harassment policy proposals, and Marshall's Affirmative Action Plans spanning the 1980s and 1990s. This is not an exhaustive list, but the attached inventory will give a broad overview of what is contained in each of the boxes.

State Of Metropolitan Housing Report: 2014: A Look Back, A Look Forward., C. Norton, Lauren Heberle, A. Smith, R. Fenwick, D. Weinstein, K. Pugh, A. Sizemore

Faculty and Staff Scholarship

No abstract provided.

Article 41 And The Right To Appeal, Benjamin L. Liebman

Faculty Scholarship

Extensive discussion of the Chinese Constitution focuses on the ways in which the Constitution is under-enforced or not implemented. This essay takes a different approach, examining one clause that is arguably at times over-enforced, providing for constitutional authorization for challenging legal determinations outside the legal system. This essay’s focus is Article 41 of the 1982 Constitution, which protects the rights of citizens to file complaints (shensu 申诉) against illegal conduct of state actors. My goal in this essay is to examine the ways in which the concept of shensu is used to provide a basis for challenges to state action …

Fifteen Years Of Supreme Court Criminal Procedure Work: Three Constitutional Brushes, Daniel C. Richman

Faculty Scholarship

This essay – written in connection with a French National Research Agency project on “Neo or Retro Constitutionalisms” – is an effort to pull together the last fifteen years of Supreme Court criminal procedure cases expanding constitutional protections. It identifies three different styles: thin and clear doctrinal lines on miniature doctrinal canvases that have only passing connections to criminal justice realities; episodic and self-limiting engagements with a potentially larger regulatory space; and a grand style that hints at sweeping structural ambitions but collaborates with other regulatory authorities. Readers undoubtedly can come up with more than three styles. But, in any …

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Faculty Scholarship

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …

Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

An examination of the influence of street stops on the legal socialization of young men showed an association between the number of police stops they see or experience and a diminished sense of police legitimacy. This association was not primarily a consequence of the number of stops or of the degree of police intrusion during those stops. Rather, the impact of involuntary contact with the police was mediated by evaluations of the fairness of police actions and judgments about whether the police were acting lawfully. Whether the police were viewed as exercising their authority fairly and lawfully shaped the impact …

"Keep Government Out Of My Medicare": The Search For Popular Support Of Taxes And Social Spending, Gillian Lester

Faculty Scholarship

Despite the broad reach of the American welfare state, Americans continue to have conflicted and contradictory attitudes about the role of the state in mediating economic equality through both taxation and social spending. This chapter identifies several key themes that help explain these contradictions. Specifically, information about taxes and spending is complex and hard to understand, cognitive biases and limitations hamper people’s ability to process information in a way that is always consistent, and affective and symbolic factors influence social attitudes about taxes and government benefits. This chapter explores the implications of these insights for public policy, including the possibility …

We Need To Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage And A Principled Reading Of The "Transmit" Clause, Rebecca Giblin, Jane C. Ginsburg

Faculty Scholarship

Businesses are exploiting perceived gaps in the structure of copyright rights by ingeniously designing their technologies to fulfill demand for individual access through a structure of personalized copies and playback engineered in ways intended to implicate neither the public performance nor the reproduction rights. The archetypal example is Aereo Inc.’s system for providing online access to broadcast television. Aereo allows users to tune into individual antennae to stream TV to themselves, near-live, online. Aereo’s activities look a lot like the retransmission of broadcast signals, an activity which Congress has made very clear must result in remuneration for rightholders. However, Aereo’s …

Reducing Intrinsic Cognitive Load In Complex Learning Such As Flight Training That Involves Both Cognitive And Psychomotor Tasks, Adil Aslan

STEMPS Theses & Dissertations

Flying an aircraft requires processing or considering great number of inputs and an ability to link these data to a massive amount of information in order to interpret them. As a result, flight training imposes a high intrinsic cognitive load. The focus of this research was to investigate the effect of decreasing intrinsic cognitive load for complex tasks such as flight training that involves both cognitive and psychomotor tasks. Participants ( n = 38) completed an instruction unit on how to conduct a simulated Ground Controlled Approach (GCA) and were asked to report perceived cognitive load in addition to tests …

The Judiciary And Fiscal Crises: An Institutional Critique, Peter Conti-Brown, Ronald J. Gilson

Faculty Scholarship

Scholars have long debated the role for courts with respect to governmental action that responds to crisis. Most of the crises analyzed, however, are exogenous to the political process; the courts’ role in response to politically endogenous crises has received less attention. We evaluate the role of the judiciary in a subset of those endogenous crises: the judicial treatment of governmental efforts to resolve the crisis facing underfunded public pensions. Assessing institutional competence schematically with reference to an institution’s democratic accountability and fact-finding ability, we argue that, where institutions function properly, judicial intervention in politically endogenous economic crises should be …

Asking The Right Questions In Copyright Cases: Lessons From Aereo And Its International Brethren, Rebecca Giblin, Jane C. Ginsburg

Faculty Scholarship

Aereo was a US-based service that made unique copies of broadcast programs from individual antennae for each requesting user, for individual retransmission near-live or at some point in the future. To the uninitiated, it makes no sense for a company to design a television transmission service that utilises thousands of tiny antennae and thousands of copies to deliver signals to users. Wouldn’t it be much more efficient to use just one of each? And surely, when it comes to copyright liability, wouldn’t more copies result in more infringement, not less? However, Aereo’s strategy made a lot of sense when viewed …

The Nordic Model Of Corporate Governance: The Role Of Ownership, Ronald J. Gilson

Faculty Scholarship

It is commonplace to credit the invention of the public corporation as an important engine of economic growth. The creation of a long-lived vehicle that gave investors both tradable shares and limited liability allowed talented managers to raise capital to fund enterprise. Writing in 1926, the Economist magazine heralded this role:

The economic historian of the future may assign to the nameless inventor of the principle of limited liability, as applied to trading corporations, a place of honor with Watt and Stephenson, and other pioneers of the Industrial Revolution. The genius of these men produced the means by which man’s …

Do Defaults On Payday Loans Matter?, Ronald J. Mann

Faculty Scholarship

This essay examines the effect on a borrower’s financial health of failure to repay a payday loan. Recent regulatory initiatives suggest an inclination to add an “ability to pay” requirement to payday-loan underwriting that would be fundamentally inconsistent with the nature of the product. Because the premise of that regulation would be that borrowers suffer harm when they fail to repay such a loan, it is timely to examine the after-effects of such a default empirically. This essay examines that question using a dataset that combines payday borrowing histories with credit bureau information.

The essay uses a difference-in-difference approach, comparing …

Tracking Above- And Below- Ground Seed Persistence And Mortality In A Native Tallgrass Prairie Restoration, Carmen Pellish

Dissertations and Theses @ UNI

The large cost of seed and low seedling establishment rates make restoring native tallgrass prairies expensive and difficult. Tallgrass prairie restorations typically achieve seedling emergence rates of only 10%. This begs the question of what happens to the remaining 90% of seeds that do not emerge as seedlings. This thesis sought to assess or quantify the importance of seed predators and death by microorganisms or to senescence on seed survival and seedling establishment within a newly planted native tallgrass prairie restoration under typical restoration conditions. I hypothesized that small vertebrate seed predators would play be detrimental to overall seedling emergence …

Fasl Expression In Articular Discs Of Human Temporomandibular Joint And Association With Osteoarthrosis, Flavio De Alcantara Camejo, Luis Eduardo Almeida, Andrea Doetzer, Karina Sao Thiago Caporal, Viviane Ambros, Marina Azevedo, Luciana Reis Azevedo Alanis, Marcia Olandoski, Lucia Noronha, Paula C. Trevilatto

School of Dentistry Faculty Research and Publications

Background

Apoptosis is a programme of cell death which does not induce an inflammatory response. Recent previous research has suggested a correlation between temporomandibular internal derangement and apoptosis. Fas ligand (FasL) is an apoptosis‐inducing factor, known to trigger apoptosis through distinct signal pathways. This study aims to examine, by immunohistochemistry, the expression of FasL in temporomandibular joint (TMJ) articular discs of patients with anterior disc displacement with reduction (ADDwR) and without reduction (ADDwoR) in patients with and without osteoarthrosis (OA).

Methods

Forty‐two (n = 42) TMJ articular discs were divided into two cut‐offs: (i) 8 control, 17 ADDwR, 17 …

Designing Related-To Bankruptcy Jurisdiction, Jack Zarin-Rosenfeld

Hofstra Law Faculty Scholarship

This Note offers a framework for analyzing related-to bankruptcy jurisdiction under 28 U.S.C. § 1334 that courts can implement immediately within the bounds of the statute and case law. It argues that that the requirements for related-to jurisdiction should be better deployed in accordance with the relative merits of jurisdictional rules and standards. Part I describes the requirements that courts impose to test related-to bankruptcy jurisdiction. Part II demonstrates how the requirements for related-to jurisdiction can be better deployed in accordance with the relative merits of jurisdictional rules and standards. Part III proposes a broad threshold inquiry backstopped by a …

Defense Lawyering And Wrongful Convictions, Ellen Yaroshefsky, Laura Schaefer

Hofstra Law Faculty Scholarship

In Examining Wrongful Convictions: Stepping Back, Moving Forward, the premise is that much can be learned by “stepping back” from the focus on the direct causes of wrongful convictions and examining criminal justice systems, and the sociopolitical environments in which they operate. Expert scholars examine the underlying individual, systemic, and social or structural conditions that may help precipitate and sustain wrongful convictions, thereby “moving forward” the related scholarship.

"Examining Wrongful Convictions is a book that has no equal. With full and up-to-date chapters dedicated to the unique vulnerability of adolescents, insufficiently protected; the enabling role of a “muddled” news media, …

Review Found Little Difference Between Sandblasted And Acid-Etched (Sla) Dental Implants And Modified Surface (Slactive) Implants, Gary L. Stafford

School of Dentistry Faculty Research and Publications

Data sources

Medline, Embase, the Cochrane Oral Health Group's Trials Register and OpenGREY databases were searched together with the reference lists of identified articles.

Study selection

Randomised controlled trials (RCTs) and prospective cohort studies of at least six month duration were included. Studies/case series in which there was only one implant surface (SLA or SLActive) and one loading protocol (immediate or early) were also considered.

Data extraction and synthesis

Two reviewers screened, selected and abstracted data, independently. RCTs were assessed for quality using the Cochrane risk of bias approach and observational studies using the Newcastle-Ottawa scale (NOS). The primary outcomes …

Patterns Of Dental Service Utilization Following Nontraumatic Dental Condition Visits To The Emergency Department In Wisconsin Medicaid, Nicholas M. Pajewski, Christopher Okunseri

School of Dentistry Faculty Research and Publications

Objectives: To examine patterns of dental service utilization for adult Medicaid enrollees in Wisconsin following nontraumatic dental condition (NTDC) visits to the emergency department (ED).

Methods: This is a retrospective, observational study of claims for NTDC visits to the ED and dental service encounters from the Wisconsin Medicaid Evaluation and Decision Support database (2001-2009). We used competing risk models to predict probabilities of returning to the ED versus obtaining follow-up care from a dentist.

Results: We observed a 43 percent increase in the rate of NTDC visits to the ED, with most of this increase occurring from 2001 to 2005. …

Snapshot Of The Ivmf: Annual Report 2014, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This report overviews the accomplishments of the IVMF during 2013-2014.

Research Brief: "Suicides In The Military: The Post-Modern Combat Veteran And The Hemingway Effect", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This brief is about current suicide prevention interventions within the military. In policy and practice, practitioners should monitor the wellness of aging veterans and ensure that a support system exists for their veteran patients, while veterans should participate in social events with other veterans; the VA and DoD should implement programs to ensure that veterans have feelings of belongingness and the VA should monitor veterans' well-being for 2-3 years after service during transitions. Suggestions for future research include examining the communities and veteran service organizations that produce the most useful support for veterans with mental health problems.

Federal Habeas Corpus In Capital Cases, Eric M. Freedman

Hofstra Law Faculty Scholarship

In legal terms, habeas corpus is simply the name for the procedure by which a court inquires into the legality of a citizen's detention. But habeas corpus is rarely discussed in merely legal terms. The name carries a special resonance in Anglo-American legal and political history: habeas corpus is celebrated as the Great Writ of liberty.

The reason is straightforward. The availability of habeas corpus means that if an individual is found to have been restrained unlawfully, the court can release him or her - thereby enforcing the rule of law and frustrating governmental oppression. Attempts to extend the range …

The High Cost Of Low Sanctions, Irina D. Manta

Hofstra Law Faculty Scholarship

Low sanctions can initially appear to be a mitigating factor for unjust or inefficient laws, but this perception is likely wrong. This Article argues that low sanctions may have a pernicious effect on the democratic process and on legislative rule making because, as both public choice theory and historical precedent suggest, the laws accompanying these sanctions are more likely to perpetuate themselves and become part of the unquestioned background fabric of society. This Article focuses on intellectual property law (in particular, copyright) and examines the progression of suboptimal laws through widespread low sanctions that may mostly escape the public eye …