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[Introduction To] Rhetoric And The Gift: Ancient Rhetorical Theory And Contemporary Communication, Mari Lee Mifsud

Bookshelf

Rhetoric and the Gift, taking as its starting point the Homeric idea of the gift and Aristotle’s related rhetorical theory, explores rhetoric not only at the level of the artful response but at the level of the call and response. Mari Lee Mifsud takes up a number of questions crucial to thinking about contemporary communication: What does it mean that communication is a system of exchange with others? How are we to deal with questions of ethics in an economic system of power and authority? Can exchange ever be truly generous, and can communication, then, ever be free? Is …

President Bush And Immigration Policy Rhetoric: The Effects Of Negativity On The Political Landscape At The State Level, C. Damien Arthur Phd, Joshua Woods

Political Science Faculty Research

The attention paid to immigration since September 11th has become more pronounced. We maintain that the increases in attention are due to a significant critical juncture: the Republican Party Platform of 2004 and President Bush’s subsequent reelection. The rhetoric has become more negative and exclusive, creating a pervasive immigrant narrative. What are the ramifications, if any, of this shift in discourse from such central political figures for immigrants? Attempts to change immigration policy, despite the rhetoric, have not materialized nationally. President Bush recognized the limitations of ‘going public’ and, instead, took his immigration policy proposals to state legislatures, wherein ideological …

Do Teacher Judgment Accuracy And Teacher Feedback Predict Student Achievement In Elementary And Middle-School Science?, Mason Albert Kuhn

Dissertations and Theses @ UNI

The quest to find the most effective approach to teach science has challenged teachers and scholars for decades (Ford, 2012; Kuhn, 2010a; Duschl, Schweingruber, & Shouse, 2007). Unfortunately, the recent push for quality science education in schools has not yet resulted in higher achievement on standardized science assessments in the United States. The increased focus on science in school and the lack of growth on national and international standardized assessment has led to reformed-based policies, such as the Next Generation Science Standards (NGSS), that ask teachers to teach in a way that emulates the practices of scientific inquiry, including argument-based …

Let’S Pretend That Federal Courts Aren’T Hostile To Discrimination Claims, Marcia L. Mccormick

All Faculty Scholarship

Professor Sandra Sperino’s article, Let’s Pretend Discrimination Is a Tort,[1] makes a valuable contribution to the debate about the proper interpretation of Title VII and other employment discrimination laws in light of Supreme Court trends. Professor Sperino ably describes the way that the Supreme Court has used tort concepts increasingly in recent cases,[2] even having gone so far as to have called employment discrimination statutes federal torts.[3] This development has created significant concern among scholars,[4] including Professor Sperino herself.[5]

Rather than simply reiterate those concerns, however, in her article Professor Sperino adopts a novel approach: she takes the Court at …

Endgame For Polio Eradication? Options For Overcoming Social And Political Factors In The Progress To Eradicating Polio., Pavan Ganapathiraju, Christiaan B Morssink, James D. Plumb

College of Population Health Faculty Papers

In 1988, the Global Polio Eradication Initiative (GPEI) was launched with the goal of eradicating polio by the year 2000. After 25 years, several dynamics still challenge this large public health campaign with new cases of polio being reported annually. We examine the roots of this initiative to eradicate polio, its scope, the successes and setbacks during the last 25 years and reflect on the current state of affairs. We examine the social and political factors that are barriers to polio eradication. Options are discussed for solving the current impasse of polio eradication: using force, respecting individual freedoms and gaining …

The Indian Child Welfare Act's Waning Power After Adoptive Couple V. Baby Girl, Kathleena Kruck

Northwestern University Law Review

In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the states to tribal courts and created a preference for Indian children to be placed with their extended family, other members of their tribe, or other Indian families. Despite congressional efforts, the practice of removing Indian children from their homes still persists. Many states resist the ICWA through judicially created …

Unavoidable Aesthetic Judgments In Copyright Law: A Community Of Practice Standard, Robert Kirk Walker, Ben Depoorter

Northwestern University Law Review

Aesthetic judgments are “dangerous undertakings” for courts, but they are unavoidable in copyright law. In theory, copyright does not distinguish between works on the basis of aesthetic values or merit (or lack thereof), and courts often go to great lengths to try to avoid artistic judgments. In practice, however, implicit aesthetic criteria are deeply embedded throughout copyright case law. The questions “What is art?” and “How should it be interpreted?” are inextricably linked to the questions “What does copyright protect?,” “Who is an author?,” “What is misappropriation?,” and many other issues essential to copyright. Although courts rarely (if ever) explicitly …

Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager

Northwestern University Law Review

For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …

Inventing Around Copyright, Dan L. Burk

Northwestern University Law Review

Patent law has long harbored the concept of “inventing around,” under which competitors to a patent holder may be expected, and even encouraged, to design their technologies so as to skirt the boundaries defined by patent claims. It has become increasingly clear that, for better or for worse, copyright also fosters inventing around. Copyright is not based on written claims, but because copyright links exclusive rights to technological actions such as reproduction, distribution, or transmission, the language of the copyright statute, and judicial readings of the statute, create boundaries around which potential infringers may technologically navigate. For example, the Aereo …

A Critical Examination Of The Librarians Registration Council Of Nigeria Code Of Ethics In The Light Of International Best Practices In Library And Information Science Professions, Florence Enyiema Adejumo Mrs, Peter Olorunleke Oye Mr.

Library Philosophy and Practice (e-journal)

This paper took a critical reflection on the Librarian Registration Council of Nigeria Code of Ethics vis-à-vis international standards. The paper explained that since information professionals play an extremely important role in society by linking society with information heritage, it is critical that they carry out this mission in an ethical manner. The paper noted that towards this end many organizations of information professionals led by the International Federation of Library Association and related institutions (IFLA) including the Librarians Registration Council of Nigeria (LRCN) have adopted codes of professional ethics. The paper analyzed these IFLA and related codes and the …

Students And Faculty Indivisible: Crafting A Higher Education Culture Of Flourishing, Eileen K. Camfield

University of the Pacific Theses and Dissertations

This dissertation is comprised of three separate articles addressing related issues central to the culture and future of higher education. The questions that animate the investigations are: In what ways is writing self-efficacy forged in the learning relationships between student and instructor? In what ways, if any, do traditional assessment practices impact student development? In what ways, if any, does institutional culture shape faculty identity, and what is gained or lost in the process? These queries stem from concerns about possible disconnects between visions of higher education's potential and actual practices in the classroom. The dissertation uses grounded theory to …

A Qualitative Analysis Of Moral Leadership Crises In Kenyan Evangelical Churches As It Relates To Developing Authentic Leaders, Peter N. Mulinge

All Electronic Theses and Dissertations

This project addressed the moral leadership crises among the evangelical churches of Kenya. Evangelicalism is the fastest growing religious movement in Kenya, a country that already has Africa’s largest percentage of evangelicals overall. This makes it imperative to promote authentic leadership in Kenyan churches. But the concept of leadership development there is overlooked, and as a result churches suffer from a lack of authentic leaders. In this vacuum, Kenyan churches are heavily influenced by traditional African leadership models that can be authoritarian, hereditary, and overwhelmingly corrupt. The latest Corruption Perception Index of 2013, launched by the global agency of Transparency …

Impact Of Pharmacy Patient Education Programs On Medication Related Hcahps Scores, Ana Lopez-Samblas, Maria Rojo-Carlo, Aixa Rey, Maria Perez Arias

All Publications

No abstract provided.

Discharge Alternative Non-Urgent Care Education (D.A.N.C.E.) Protocol: Addressing Emergency Department Misuse, Samantha Leon

All Publications

Background: The misuse of the Emergency Department (ED) creates a substantial problem for the health care system, generating gaps in continuity of care, leaving little room for preventative care, and forcing a financial strain on the system. An increasing number of patients are using hospital EDs for non-urgent care despite the availability of alternative care sites such as retail clinics (RCs) and urgent care centers (UCCs).

Purpose: The project’s aim was to educate patients who utilize ED services as a source of care for non-urgent complaints with the use of the D.A.N.C.E. protocol. Enhancing the public’s knowledge of …

Developing Individualized Education Programs With Culturally And Linguistically Diverse Families From Low-Income Homes : A Heuristic Inquiry Of Special Education Teachers, Kristen E. Clark

University of the Pacific Theses and Dissertations

Research shows evidence of overrepresentation of culturally and linguistically diverse children enrolled in special education services, a positive correlation between parent involvement and academic success, and a plethora of barriers impeding active 6 parent participation in IEP development. Barriers include language, culture, low income, . and school climate and team dynamics. The aim of this study was to explore: (a) In what ways do special education teachers engage with culturally and linguistically diverse families from low-income homes in the IEP development process? (b) In what ways do special education teachers address culturally and linguistically diverse children's educational needs while also …

Crystal Structure Of {2,20-[N,N0-Bis(Pyridin-2-Yl-Methyl)Cyclohexane-Trans-1,2-Diyldi(Nitrilo)]- Diacetato}Cobalt(Iii) Hexafluoridophosphate, Craig C. Mclauchlan, Daniel S. Kissel, Albert W. Herlinger

Faculty Publications – Chemistry

The title compound [Co(C22H26N4O4)]PF6, commonly known as [Co(bpcd)]PF6, where bpcd2- is derived from the historical ligand name N,N'-bis­(2-pyridyl­meth­yl)-trans-1,2-di­amino­cyclo­hexane-N,N'-di­acetate, crystallized by slow evaporation of a saturated aceto­nitrile solution in air. The cation of the hexa­fluorido­phosphate salt has the CoIII atom in a distorted octa­hedral coordination geometry provided by an N4O2 donor atom set. The acetate groups, which are oriented trans with respect to each other, exhibit monodentate coordination whereas the pyridyl N atoms are coordinating in a cis configuration. The geometry of the cation is compared to the geometries of other di­amino …

Explaining Inhumanity: The Use Of Crime-Definition Experts At International Criminal Courts, Caroline Davidson

Vanderbilt Journal of Transnational Law

International criminal courts must not only decide the guilt or innocence of defendants in immensely serious cases, but also make good law in the process. To help them do so, these courts have turned to experts. This Article identifies a type of expert witness that, thus far, has escaped scholarly attention: the crime-definition expert. Crime-definition experts have provided expert reports and testimony to international criminal courts on the meaning of the very crimes with which defendants are charged, including genocide, forced marriage, and recruitment and use of child soldiers. This Article critically evaluates the risks associated with using crime-definition experts …

Agreement In Principle: A Compromise For Activist Shareholders From The Uk Stewardship Code, David W. Roberts

Vanderbilt Journal of Transnational Law

Equity ownership in the United States and Europe is now highly concentrated in the hands of institutional investors, which gives rise to new problems of agency and corporate governance. These large investment intermediaries, such as mutual funds, specialize in maximizing beneficial owner value based on short-term performance benchmarks but lack the expertise and incentive to actively engage corporate boards on business strategy and governance matters. Instead, institutional investors are "rationally reticent," meaning that they are willing to respond to governance proposals but not to propose them. Activist shareholders may offer an endogenous solution to address "latent activism" in institutional intermediaries …

Confused, Frustrated, And Exhausted: Solving The U.S. Digital First Sale Doctrine Problem Through The International Lens, Alandis K. Brassel

Vanderbilt Journal of Transnational Law

Users worldwide enjoy digital goods such as music and e-books on a daily basis. They have become a major part of people's lives, with uses ranging from lighthearted entertainment to serious educational pursuits. In many cases, convenience and affordability make digital goods more preferable than their analog counterparts. However, users often cannot use digital goods as freely as they would analog goods. Courts, legislation, and businesses prohibit those users, accustomed to reselling unwanted hard-copy books or vinyl records, from reselling digital books and music. This confuses users as to what they can actually do with their digital goods. This Note …

Who Speaks For The Fish? The Tragedy Of Europe's Common Fisheries Policy, Emily Self

Vanderbilt Journal of Transnational Law

The Common Fisheries Policy, enacted in 1983 as the European Union's primary overfishing regulation scheme, is widely regarded as a failure. Vast over exploitation in Europe's fisheries persists thirty years later, posing grave ecological consequences as well as economic devastation to Europe's fishing industry. In 2013, the EU overhauled the Common Fisheries Policy and enacted measures that oblige the EU and member states to support ecologically sustainable fishing practices, ban the harmful practice of discarding fish at sea, and give the member states more flexibility to tailor implementation to suit local conditions. While the 2013 reforms were momentous, those changes …

The Future Of Sharia Law In American Arbitration, Erin Sisson

Vanderbilt Journal of Transnational Law

A rising tide of Islamophobia in the United States has led, in recent years, to state-level efforts to prohibit the application of Sharia law in American courts. While these bans have been largely unsuccessful as legislation--the U.S. Tenth Circuit Court of Appeals has even declared one such ban unconstitutional--the growing uneasiness among Americans regarding the application of Sharia law persists. Similar tensions have been addressed in Canada and the United Kingdom through reform of the application of Sharia law in alternative dispute resolution (ADR) mechanisms. By taking a critical look at the American ADR system through the lens of Canadian …

Judges As Guardian Angels: The German Practice Of Hints And Feedback, Robert W. Emerson

Vanderbilt Journal of Transnational Law

The German practice of Richterliche Hinweispflicht is a judicial duty to give hints and feedback. In a very proactive position, the German judge asks questions of the parties designed to clarify and sharpen the key facts and issues and to give the parties a chance to correct matters that may be grounds for disposition. German judges also must ensure that the parties understand all matters that could affect the outcome of the case. In effect, the German judge's roles may be viewed as civil servant, teacher, and activist, rather than as umpire and overseer, as in the United States.

American …

Female Genital Mutilation And Designer Vaginas In Britain: Crafting An Effective Legal And Policy Framework, Lisa R. Avalos

Vanderbilt Journal of Transnational Law

The prevalence of female genital mutilation (FGM) in Britain and Europe has grown in recent years as a result of international migration, and European institutions have grown increasingly concerned with eradicating the practice. According to the European Parliament, approximately 500,000 girls and women living in Europe have undergone FGM and are suffering with the lifelong consequences of the procedure, and more than 30,000 girls in Britain are thought to be at risk of future FGM. Although Britain strengthened its law against FGM in 2003, the number of girls at risk continues to grow, and there have been no convictions for …

Challenges For "Affected States" In Accepting International Disaster Aid: Lessons From Hurricane Katrina, E. Katchka

Vanderbilt Journal of Transnational Law

The International Law Commission (ILC) draft articles on the protection of persons in the event of disasters purport to "facilitate an adequate and effective response to disasters that meets the essential needs of the persons concerned, with respect to their full rights" by setting forth complementary principles governing both individual state responsibilities and international cooperation in disaster response. The principles presented in the draft articles reflect an application of established international law principles as well as current, practical challenges to coordinating international disaster cooperation. This article applies specific ILC draft articles targeting the role of the state impacted by a …

Beyond Voluntary Corporate Social Responsibility: Corporate Human Rights Obligations To Prevent Disasters And To Provide Temporary Emergency Relief, Anastasia Telesetsky

Vanderbilt Journal of Transnational Law

Much of the focus of the emerging field of International Disaster Law is on state responsibility. Yet the source of some disasters is the failure of corporations to address known risks created by a company or located on company property. This Article queries whether there are obligations for corporations to act under international human rights law to prevent disasters where corporations have control over known hazards such as tailings dams or chemical dumps. This Article concludes that corporations have a legal duty to act in order to support and protect human rights whenever there is corporate knowledge of hazards that …

The Democratization Of Energy, Joseph P. Tomain

Vanderbilt Journal of Transnational Law

The electricity industry is changing in dramatic ways. Most significantly, as demonstrated by the Obama Administration's Clean Power Plan, the country is witnessing the merger of energy and environmental regulation. Historically, energy regulation was driven by the need to produce more power for economic growth. By contrast, environmental regulation attended to the pollution of the environment. Production of energy depends upon the use of natural resources, and throughout the fuel cycle from extraction and transportation to the burning and disposal of those resources, the environment is directly affected. Most dramatically, greenhouse gas emissions present climate change challenges. In order to …

Beyond Known Worlds: Climate Change Governance By Arbitral Tribunals?, Valentina Vadi

Vanderbilt Journal of Transnational Law

Can economic development and the fight against climate change be integrated successfully? What role, if any, does international investment law play in global climate governance? Can foreign direct investments (FDI) be tools in the struggle against climate change? What types of claims have foreign investors brought with regard to climate change--related regulatory measures before investment treaty arbitral tribunals? This Article examines the specific question as to whether foreign direct investments can mitigate and/or aggravate climate change. The interplay between climate change and foreign direct investments is largely underexplored and in need of systematization. To map this nexus, this Article proceeds …

If You Can't Beat Them, Join Them: The U.S. Solution To The Issue Of Corporate Inversions, Scott Deangelis

Vanderbilt Journal of Transnational Law

There is an old proverb, "If you can't beat them, join them, "that suggests that those who cannot win against some group should stop fighting and instead band together with them. It seems clear that when it comes to corporate inversions, the United States cannot win. Instead, countries overseas have taken advantage of tax break schemes to lure multinational companies away from the United States. This Note suggests that to prevent further foreign inversions, the United States should join these foreign countries in two ways. First, the United States should put its support behind the OECD's plan of a multilateral …

Reminiscing About 15 Years Of Interoperability Efforts, Herbert Van De Sompel, Michael L. Nelson

Computer Science Faculty Publications

Over the past fifteen years, our perspective on tackling information interoperability problems for web-based scholarship has evolved significantly. In this opinion piece, we look back at three efforts that we have been involved in that aptly illustrate this evolution: OAI-PMH, OAI-ORE, and Memento. Understanding that no interoperability specification is neutral, we attempt to characterize the perspectives and technical toolkits that provided the basis for these endeavors. With that regard, we consider repository-centric and web-centric interoperability perspectives, and the use of a Linked Data or a REST/HATEAOS technology stack, respectively. We also lament the lack of interoperability across nodes that play …

Structural Tax Exceptionalism, James M. Puckett

Faculty Scholarship

This Article argues that it is misleading to declare the death of tax exceptionalism and that structural tax exceptionalism may have important benefits. Part II provides a brief historical overview of the rise of federal agency administration of statutes and especially tax laws. The history trends to detract from anti-tax and anti-agency rhetoric that counsel disempowering the Treasury Department and other administrative agencies from comprehensively enforcing laws and making policy in their relevant domains. Part III analyzes how the Code's structure for tax administration differs from the APA template for administrative agencies. Part IV deconstructs these differences, drawing from general …