Digital Commons Network^™

Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed

Faculty Scholarship

The growing calls for the “securitization of body and property,”[ii] documented by Jonathan Simon in his book Governing Through Crime, illustrates a deep tension in our understanding of the role of criminal law as a tool for societal transformation.[iii] For some, including communities of color, the criminal legal system is a place where inequality flourishes;[iv] for others, including those feminists who have support criminal law interventions, it has become a tool to realize equality.[v] The Trafficking Victims Protection Act, reauthorized in 2013 as an amendment to the Violence Against Women Act (VAWA),[vi] relies heavily on the criminal law to obtain …

“Exploitation Creep” And Development: A Response To Janie Chuang, Aziza Ahmed

Faculty Scholarship

In her article Exploitation Creep and the Unmaking of Human Trafficking Law, Janie Chuang insightfully describes transformations in the discourse on trafficking as it shifted from sex trafficking to human trafficking, and as human trafficking came to be understood as forced labor, and now modern day slavery. With each of these transformations, the United States government, self-anointed “global sheriff” of anti-trafficking efforts, deepened its emphasis on a prosecution-oriented strategy focused on individual perpetrator accountability. As an alternative trajectory, Chuang identifies and convincingly argues for a labor-rights approach that takes into consideration the structural causes of exploitation in the labor market, …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Faculty Scholarship

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Patents At Issue: The Data Behind The Patent Troll Debate, Jonathan H. Ashtor, Michael J. Mazzeo, Samantha Zyontz

Faculty Scholarship

The debate over "patent trolls"' is raging at full tilt and its fury is stoked by fundamental questions about patent assertion. Both sides are struggling to understand which patent assertion practices are consistent with the purpose of patent rights and which are abusive and result in net social costs. This Article addresses patent assertion concretely through empirical analysis of actual infringement awards. In particular, this Article studies all awards granted for findings of patent infringement in U.S. district courts between 1995 and 2011, and, with targeted analyses, focuses on cases involving patent assertion entities ("PAEs"). This Article specifically investigates certain …

The Market In Unmatured Tort Claims: Twenty-Five Years Later, Stephen G. Marks

Faculty Scholarship

In an article in 1989 in the Virginia Law Review, Professor Robert Cooter argued for changes in the law that would facilitate the development of a market in unmatured tort claims. An unmatured tort claim is a potential claim that a potential victim has before any injury has occurred. Cooter proposed that potential victims have the right to sell their unmatured tort claims. That is, Cooter proposed that potential victims be allowed to sell their right to sue even before an accident or injury ever occurs. Even twenty-five years later, the proposal remains both bold and imaginative, and yet it …

Lincoln's Legacy For American International Law, Antonio F. Perez

Emory International Law Review

Is the United States, as an international actor, different from all other international actors? If so, how is it different? What makes it different? How does American sovereignty fit into a larger conception of international law? These questions go back to the beginning of the Republic, and they remain pressing today. Many have debated this question in terms of the legacy of the Founding. Some find in the Founding the seeds of multilateralism and perhaps even cosmopolitanism; others, rejecting this interpretation, advance a nationalist and unilateralist account of the Founding. But the Founding is not the whole story.

Establishing A Positive Right To Migrate As A Solution To Food Scarcity, Douglas Stephens

Emory International Law Review

Food scarcity is a dire matter impacting parts of our world such from Paraguay to Somalia. In these nations, the issue is serious enough to force individuals to leave their homeland for another country. However, under the current regime of human rights law, these individuals are left without protection. While international conventions guarantee them the freedom of movement, they are not promised the right to enter other countries. Likewise, though refugee law covers sudden, violent, or extreme deprivations, it does not account for slow degradation of the environment, or social, political, or economic issues that lead to food scarcity. Under …

The Proposed Transatlantic Trade And Investment Partnership (Ttip): Isds Provisions, Reconciliation, And Future Trade Implications, Mark Weaver

Emory International Law Review

On July 8, 2013, the United States and the European Union launched talks for the Transatlantic Trade and Investment Partnership, a proposed international investment agreement that would create the world's largest free trade area and cover almost half of the entire global economic output. Even with a recognized public backlash, U.S. and EU leaders have publicly stated their intention of including investor-state dispute settlement provisions in the finalized TTIP and future international investment agreements, including any future multilateral agreement on investment. Mark Weaver provides original analysis on specific provisions regarding each of the issues the U.S. Model text, as well …

The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward

Journal Articles

This Speech will discuss Fr. Hesburgh's advocacy on these core civil rights issues-education, employment, housing, and voting rights-and how his work changed the face of this country. The story of Fr. Hesburgh's civil rights advocacy is a key to understanding how he emerged-in the words of Vice President Biden-as "one of the most powerful unelected officials this nation has ever seen."

Implementing The Peer Support Specialist Role: Peer Support In A Youth-Led Drop-In Center, Research And Training Center For Pathways To Positive Futures, Youth Move Oregon

School of Social Work Faculty Publications and Presentations

This information brief gives an overview of Youth MOVE Oregon, an innovator in peer-led services for youth. The role and development of Peer Support Providers is discussed in some detail along with organizational challenges that need to be addressed.

Conceptualizing Social Determinants Of Maternal And Infant Health Disparities, Susanne Klawetter

School of Social Work Faculty Publications and Presentations

Research demonstrates that women and children within marginalized ethnic and racial groups and those living in poverty experience disparate health outcomes. These disparities have immediate and long-term consequences. Exploring two theories used to examine social determinants of health— life course perspective and historical trauma response, this article will explain the major premises of each, provide application examples, compare and examine utility for practice, and highlight areas for future research. A theoretical critique will be included, as well as insight into how these theories together might address gaps as an approach to maternal and infant health research and practice.

Family Courts Are Here To Stay, So Let's Improve Them, Barbara A. Babb

Articles

The article presents a commentary in response to the White Paper of the Institute for the Advancement of the American Legal System's Honoring Families Initiative on the court and separating and divorcing families. Topics include the mission, function and structure of family courts, therapeutic jurisprudence, and the design of a unified family court. It also discusses the ecology of human development.

Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord

Articles

No abstract provided.

Prospective Elementary Mathematics Teacher Content Knowledge: An Introduction, Christine Browning, Eva Thanheiser, Alden Edson, Patrick M. Kimani, Dana Olanoff, Jennifer M. Tobias, Ian Whitacre

Mathematics and Statistics Faculty Publications and Presentations

This Special Issue on the mathematical content knowledge of prospective elementary teachers (PTs) provides summaries of the extant peer-­‐reviewed research literature from 1978 to 2012 on PTs’ content knowledge across several mathematical topics, specifically whole number and operations, fractions, decimals, geometry and measurement, and algebra. Each topic-­‐specific summary of the literature is presented in a self-­‐contained paper, written by a subgroup of a larger Working Group that has collaborated across several years, resulting in this Special Issue sharing the final work. The authors hope this summative look at prospective teacher content knowledge will be of interest to the mathematics education …

Convergence Rates Of The Dpg Method With Reduced Test Space Degree, Timaeus Bouma, Jay Gopalakrishnan, Ammar Harb

Mathematics and Statistics Faculty Publications and Presentations

This paper presents a duality theorem of the Aubin-Nitsche type for discontinuous Petrov Galerkin (DPG) methods. This explains the numerically observed higher convergence rates in weaker norms. Considering the specific example of the mild-weak (or primal) DPG method for the Laplace equation, two further results are obtained. First, the DPG method continues to be solvable even when the test space degree is reduced, provided it is odd. Second, a non-conforming method of analysis is developed to explain the numerically observed convergence rates for a test space of reduced degree

A Posteriori Estimates Using Auxiliary Subspace Techniques, Harri Hakula, Michael Neilan, Jeffrey S. Ovall

Mathematics and Statistics Faculty Publications and Presentations

A posteriori error estimators based on auxiliary subspace techniques for second order elliptic problems in Rd (d ≥ 2) are considered. In this approach, the solution of a global problem is utilized as the error estimator. As the continuity and coercivity of the problem trivially leads to an efficiency bound, the main focus of this paper is to derive an analogous effectivity bound and to determine the computational complexity of the auxiliary approximation problem. With a carefully chosen auxiliary subspace, we prove that the error is bounded above by the error estimate up to oscillation terms. In addition, we show …

Regularity Of Mediatrices In Surfaces, Pilar Herreros, Mario Ponce, J. J. P. Veerman

Mathematics and Statistics Faculty Publications and Presentations

For distinct points p and q in a two-dimensional Riemannian manifold, one defines their mediatrix Lpq as the set of equidistant points to p and q. It is known that mediatrices have a cell decomposition consisting of a finite number of branch points connected by Lipschitz curves. This paper establishes additional geometric regularity properties of mediatrices. We show that mediatrices have the radial linearizability property, which implies that at each point they have a geometrically defined derivative in the branching directions. Also, we study the particular case of mediatrices on spheres, by showing that they are Lipschitz simple closed curves …

Connecting Model Species To Nature: Predator-Induced Long-Term Sensitization In Aplysia Californica, Maria J. Mason, Amanda J. Watkins, Jordann Wakabayashi, Jennifer Buechler, Christine Pepino, Michelle Brown, William G. Wright

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

Previous research on sensitization in Aplysia was based entirely on unnatural noxious stimuli, usually electric shock, until our laboratory found that a natural noxious stimulus, a single sublethal lobster attack, causes short-term sensitization. We here extend that finding by demonstrating that multiple lobster attacks induce long-term sensitization (>= 24 h) as well as similar, although not identical, neuronal correlates as observed after electric shock. Together these findings establish long-and short-term sensitization caused by sublethal predator attack as a natural equivalent to sensitization caused by artificial stimuli.

Constructive Feedback In L2 Writing With Chinese High School Students In Taiwan, Chiawei Diane Yang

Master's Theses

The purpose of this study was to investigate the lack of motivation in L2 writing of Chinese high school students in Taiwan. The subject of this study was to examine how age, culture, and the education system in Taiwan influenced students’ motivation in learning English writing. It provided insight about how academic environments influence students’ motivation in learning English, how teachers’ feedback shapes students’ learning attitudes, and effective ways to increase students’ motivation and self-esteem. The study utilized Krashen’s (1981) affective filter hypothesis and Dornyei’s (1994) three levels of motivation theory. Ten Taiwanese students participated in this study. All of …

Inside Jokes: English Language Humor From The Outside, Mieka D. Strawhorn

Master's Theses

Humor is a complex and dynamic mode of communication that serves a number of important social functions. While humor is found in all cultures, English language learners (ELLs) in the United States must learn to navigate American humor with all of its inherent cultural, social and linguistic particularities. The ability to appreciate, comprehend and produce humor is a critical and necessary skillset for full fluency in English. Research has been done on the subject of incorporating humor into the language classroom and the benefits of doing so are myriad (Bell, 2005; 2009). However, very little research has been done on …

Teaching English As A Second Language Through Rap Music: A Curriculum For Secondary School Students, Beth Segal

Master's Theses

This project provides a sample of the curriculum, Rapping English, which uses rap/hip-hop style music to teach ELLs vocabulary, grammar, discourse and prosody. The rationale for using musical instruction is based on Gardner’s (2006) multiple intelligence theory and Bloom’s (1978) learning domains. This curriculum instructs students through musical intelligence and the affective domain which are often neglected in traditional instruction. Furthermore, this project explores how musical curriculum can be used to lower the affective filter (Krashen, 1981) and provide emotionally appealing and memory stimulating instruction in line with the findings of current neuropsychology, specifically the work of R. Caine and …

Teaching Reading As An Integrated Skill: An Evaluation Of Two Popular Esl Textbooks, Ingrid Mcvanner

Master's Theses

As the population of non-native English speakers rises in the United States, so too does the need for effective English language instruction, and with that, effective instructional materials. With a growing population of adult English language learners with below basic prose literacy, the need for effective adult English language literacy instruction is also evident. Because people do not use one skill at a time, this project evaluates the reading materials in two adult English language integrated skills textbooks from major publishers of ESL materials in order to provide insight into the preparation of effective integrated skills textbooks designed for adult …

On The Job Teacher Training For Native English-Speaking Teachers In South Korean Intensive English Kindergartens, Elizabeth Christensen

Master's Theses

The purpose of this study was to examine how native English-speaking teachers from Western countries adapt to teaching Korean kindergarten students within South Korea while adapting to both teaching and working within South Korea. To collect data for the study, eight native English-speaking teachers were interviewed about their training and teaching experiences in South Korea. Results show that many native English-speaking teachers desire better communication from their supervisors during new teacher training programs. The participants especially wanted to have a clearer understanding of their supervisor’s expectations for them. In the interviews, many of the native English-speaking teachers expressed a wish …

Countering The Dreamer Narrative: Storytelling, Immigration Reform, And The Work Of 67 Sueños, Drew Schmenner

Master's Theses

Research question: How has the practice of storytelling been used in the current U.S. conflicts over immigration?

Telling an effective story is an essential part of a complex strategy to bring about social change, but storytelling as a part of collective action has not been extensively studied. For activists in the United States fighting for immigrant rights, especially the passage of the DREAM Act, storytelling has been an important tactic, but the nature of the narrative that was constructed has its drawbacks because it excluded some members of the immigrant community. In 2010, the Bay Area-based group 67 Sueños (“67 …

Hero To Zero: Stress Perceptions Of The Public School Administrator And His Spouse, Steven L. Gray

Dissertations and Theses @ UNI

Fields (2005) reported stress on school administrators due to “uncontrollable demands on their time, the negative impact of the amount of time that the job required on their personal lives, their prospective staffs, and the amount of conflict encountered.” The purpose of this study was to gain an understanding of the impact of the lived experience of male public school administrators and their wives, specifically involving the experience of stress. Studies of crossover stress in relation to public school administration and their spouses have not been as plentiful as other service-oriented, high stress work domains, such as police officers, fire …

The Impact Of Digital Organization On Retention In College Algebra, Mary Benac Staniger

Dissertations and Theses @ UNI

This study examined the impact of digital organization for developmental mathematics students using technologically mediated tools in Beginning Algebra to increase retention for successful completion of College Algebra. The focus of the digital organization was student improvement in study skills and academic self-confidence throughout Beginning Algebra. These are two non-academic factors literature suggests are related to college students’ retention and performance. Study skills were measured by how students felt they could assess a mathematics problem, organize a solution and successfully complete assignments. Academic self-confidence was measured by student belief of the ability to perform well in mathematics. Mixed methods were …

Understanding The Long-Term Spatiotemporal Dynamics Of The Taimyr Reindeer Herd During The Summer Concentration Period, Matthew D. Cooney

Dissertations and Theses @ UNI

This study was part of a larger research effort devoted to investigation of spatiotemporal patterns and dynamics of the Taimyr Reindeer Herd (TRH) migration under changing climate and environmental conditions. The research aimed to systematize and analyze available historical (archival) data on wild reindeer (Rangifer tarandus L.) migration and ecosystems change in the Taimyr Peninsula, Russia. The summer concentration patterns of the TRH as observed from 1969-2009 were investigated through the utilization of existing and innovative spatioanalytic methods and advanced GIS technologies not previously used to examine R. tarandus migration in the Russian Arctic. The project applied and tested the …

Understanding The Impact Of Vegetation On Surface Roughness Length For Enhancing Wind Resource Characterization In Iowa, Andrei Vladimirovich Kushkin

Dissertations and Theses @ UNI

Wind energy development shows a rapid growth in the United States. This renewable energy source not only mitigates environmental concerns by reducing greenhouse gas emission, but also provides energy independence. Wind is clean and abundant, and is one of the most promising sources of alternative energy. Iowa is among the top wind energy producers in the nation, it is third by installed capacity and first in per capita production. In order to utilize wind resource potential most efficiently, accurate wind resource assessments are required. Changes in the aerodynamic characteristics of a site can have a major influence on the wind …

Developing An Integrated Spatially Explicit Scale Dependent Modeling Framework For Wind Farm Suitability Assessment In Iowa, Tesfay G. Russell

Dissertations and Theses @ UNI

Wind energy development is occurring rapidly in the United States due to the drive for energy independence and to mitigate environmental concerns. Wind is a clean, abundant, and entirely renewable source of energy and the most promising source of alternative energy. Among the top wind energy producers in the nation, the state of Iowa is experiencing tremendous growth and it’s projected to grow. However, despite the vast development, the contributing factors and spatial decision principles for optimal wind farms placement are not yet well understood. This research advanced an empirical methodology for building site suitability assessment framework for the state …

Effectiveness Of Preschool Lessons For Active Youngsters (Play) Curriculum On The Gross Motor Development And Physical Activity Level Of Preschool Children, Karyn K. Finn

Dissertations and Theses @ UNI

Presumably, energy balance can help to stabilize and ultimately reverse the rising rates of childhood obesity. Research findings generally point to a positive association between preschool children’s motor skill competence and their level of physical activity. This study was conducted as part of Project PLAY (Preschool Lessons for Active Youngsters) to objectively evaluate Project PLAY curriculum in order to provide childcare centers with an outcome-based curriculum that can improve motor skill development and positively affect physical activity level. This study used a quasi-experimental, cross over design with pre-mid-post assessment of motor skills and physical activity. The study was conducted with …