Digital Commons Network^™

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 …

The Benefits Of Integrating Entrepreneurship Into Business Associations, Ann M. Scarlett

All Faculty Scholarship

Integrating entrepreneurship into Business Associations through an emphasis on start-up and small businesses is worth sacrificing some coverage of public corporations. Attorneys are much more likely to work with clients who are self-employed or own small businesses, and thus the legal principles covered in a Business Associations course have more relevance to students when focused on these likely clients. Students are also able to more easily understand the legal concepts presented when focused on start-up and small businesses. Incorporating entrepreneurship also has the advantage of introducing law students to the cross-curricular nature of this practice area and at a time …

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 …

When Does Copyright Law Require Technology Blindness? Aiken Meets Aereo, Yvette Joy Liebesman

All Faculty Scholarship

Within the Copyright Act, innovation and technological advances are the bases for the enactment or amendment of many sections. Technology is often fundamental to the language of the section, and the underlying technology matters even when it is paired with a technology-neutral section. And because technology matters, how it functions could be essential in resolving a copyright infringement dispute.

One such provision, 17 U.S.C. § 110(5), allows small businesses to “publicly perform” copyrighted music via a radio, as long as certain conditions regarding the equipment used are met. Only small businesses are eligible, and the proprietors can only use systems …

Merger Is Indirect Gift In Cavallaro, Kerry A. Ryan

All Faculty Scholarship

In Cavallaro v. Commissioner, the Tax Court held that a merger of two family-owned businesses resulted in a substantial taxable gift. The taxpayers avoided penalties by demonstrating that they relied in good faith on the mistaken advice of competent tax advisers.

The Compassion Fatigue And Resilience Connection: A Survey Of Resilience, Compassion Fatigue, Burnout, And Compassion Satisfaction Among Trauma Responders, Harvey J. Burnett Jr, Kathleen Wahl

Faculty Publications

Research has shown that compassion fatigue is associated with burnout and compassion satisfaction. Practically no studies have examined how resilience may impact these variables. This study examined how resilience is related to compassion fatigue, burnout, and compassion satisfaction among a convenience sample of disaster behavioral health and emergency preparedness responders (N =139) attending a training conference in Michigan. Measures included the 30-item Professional Quality of Life Scale, the 14-item Resilience Scale, and a demographic questionnaire. Seventy-two percent of the participants were at risk for compassion fatigue, while 19% were at risk for burnout. Only 22% of participants had scores indicative …

First Successful Capture And Satellite Tracking Of A West Indian Manatee (Trichechus Manatus) In Panama: Feasibility Of Capture And Telemetry Techniques, Daniel Gonzalez-Socoloske, James P. Reid, Carlos Espinoza-Marin, Kherson E. Ruiz, Kenneth E. Glander, Leon David Olivera-Gomez

Faculty Publications

It is currently unknown how important the Central American countries south of Belize are as a link between manatee populations in the north (Belize and Mexico) and populations in South America. Therefore, apart from knowing where manatees are found, it is important to understand how manatees are using these habitats and if they are moving between countries or distinct population centers. Here we report the results of a multi-national and multiinstitutional collaboration resulting in the first successful capture and satellite tracking of a West Indian manatee in southern Central America.

"I Don't Understand What You're Saying!": Lessons From Three Esl Writing Tutorials, Eun-Young Julia Kim

Faculty Publications

This article presents three case studies that closely examine various types of inter-actions taking place in writing center tutorials involving newly arrived pre-ma-triculated ESL writers. By learning what strategies tutors commonly use and how successfully the ESL writers negotiate their goals for the visit and the form and meaning of their text through this sample, this study aims to help identify what characterizes successful tutorials and what unique challenges English language learners might face when interacting with tutors. Results from these case studies show that it is not how many corrections tutors make or suggest for the students’ papers, but …

Smooth Positive Solutions To An Elliptic Model With C2 Functions, Joon Hyuk Kang

Faculty Publications

Two species of animals are competing or cooperating in the same environment. Under what conditions do they coexist peacefully? Or under what conditions does either one of the two species become extinct, that is, is either one of the two species excluded by the other? We investigate this phenomena in mathematical point of view.

In this paper we concentrate on coexistence solutions of the competition or cooperation model

This system is the general model for the steady state of a competitive or cooperative interacting system depending on growth conditions for and . The techniques used in this paper are elliptic …

Dry Needling For Myofascial Trigger Point Pain: A Clinical Commentary, Casey Unverzagt, Kathleen Berglund, J J. Thomas

Faculty Publications

Sports and orthopaedic physical therapists have long used a multitude of techniques in order to address pain and dysfunction associated with myofascial trigger points. One technique in particular has recently received overwhelming attention: trigger point dry needling (DN). Despite its efficacy and low risk, questions remain as to its effectiveness, safety, and whether the technique is within the scope of practice of physical therapists. Therefore, the purpose of this clinical commentary is to summarize the current literature related to the associated mechanisms of action of DN, the safety of DN, as well as to discuss relevant scope of practice concerns.

Research Outputs Of State Government Universities Of Odisha: A Bibliometric Study, Dr Sunil Kumar Satpathy, Manoj Kumar Sa

Library Philosophy and Practice (e-journal)

This study highlights the bibliometric analysis of research productivity of Odisha's state universities during 2010 to 2014 indexed in SCOPUS Database which is 490. The study analyzes different aspects of bibliometric study and found that Utkal University is the most productive institutions with 37.76% of total publications and growth rate of publication of the study is -105.63%. Physics and Astronomy is most preferred subject area having 20% of total publications. The most preferred journal for publications is Optics Communications and Indian Journal of Physics with 1.63% of contributions each and P.K. Mishra. Is the most productive author having 3.06% of …

Gandhian Philosophy And Literature: A Citation Study Of Gandhi Marg, Shiv Singh, Madan Singh Rana

Library Philosophy and Practice (e-journal)

Gandhian Studies is at the brink of becoming as an established discipline. On the basis of a pilot study conducted, the journal "Gandhi Marg" was considered as a primary source in this field. Thus, a citation study of journal "Gandhi Marg" for the period of 1994 to 2013 has been conducted in order to understand the development and distinctiveness of the discipline i.e. Gandhian Study. For this purpose every issue of the journal “Gandhi Marg" has been examined for the period of 1994-2013 and all necessary information, related to references/citations appended were collected and tabulated in the Excel database. The …

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 …

Planning For Digitization Of University Libraries In Ghana: Challenges And Prospects, Perpetua Sekyiwa Dadzie, Thomas Van Der Walt

Library Philosophy and Practice (e-journal)

The study investigates the availability of strategic plans or policies for the development of digital libraries in selected universities in Ghana. A case study approach was adopted and interviews were held with three university librarians to determine their views on planning and budgeting for digitization. The findings reveal that all three university libraries have strategic plans, though some are outdated and therefore, rely on policies to ensure that digitization activities are enhanced. Budgetary support for digitization activities range from 16.6% - 50% of the total library budget. The study recommends that the libraries should have an up-to-date strategic plan which …

The Experience Of Information Literacy In Evidence-Based Practice (Ebp) Among Professional Nurses In The Ho Municipality Of Ghana, Dominic Dankwah Agyei, Christian Yaw Kofi, David Fiankor, Hawa Osman

Library Philosophy and Practice (e-journal)

Purpose: This study aims to find out the information literacy competence of professional nurses in the Ho Municipality of Ghana in their pursuit of Evidence-Based Practice (EBP).

Design/methodology/approach: This study used the descriptive research strategy to describe the experience of information literacy among professional nurses in the Ho Municipality of Ghana. It used the purposive sampling method to select the various health facilities and the professional nurses. A total of 138 questionnaires out of 151 questionnaires that were administered were retrieved. The responses were presented and analysed based on the objectives of the study.

Findings: The study discovered that …

Management Of Indigenous Knowledge (Ifa And Egungun) In Osun State, Nigeria, Tunde Idris Yusuf, Kayode Joseph Olusegun

Library Philosophy and Practice (e-journal)

This study discussed the Management of Indigenous Knowledge (ifa and egungun) in Osun state, Nigeria. The literature is replete with indigenous knowledge and its cultural expression and heritage. In order to successful carry out the study, a survey research method was adopted using interview as the main instrument and personal observation to complement the main instrument, data gathering, the interview questions was analyzed and interpreted. Thus, the study concluded that knowledge has to be documented and managed for future reference, aid in decision making, education and for archival purpose. Appropriate recommendations were put forward for solving the present situation. Some …

Use Of Bioinformatics Resources And Tools By Users Of Bioinformatics Centers In India, Meera Yadav, Manlunching Tawmbing

Library Philosophy and Practice (e-journal)

Information plays a vital role in Bioinformatics to achieve the existing Bioinformatics information technologies. Librarians have to identify the information needs, uses and problems faced to meet the needs and requirements of the Bioinformatics users. The paper analyses the response of 315 Bioinformatics users of 15 Bioinformatics centers in India. The papers analyze the data with respect to use of different Bioinformatics databases and tools used by scholars and scientists, areas of major research in Bioinformatics, Major research project, thrust areas of research and use of different resources by the user. The study identifies the various Bioinformatics services and resources …

Use Of Information Resources By Student Nurses, Adebayo Afolabi Olajide, Aderonke O. Otunla Mrs

Library Philosophy and Practice (e-journal)

Introduction: Information is crucial to the learning process and students explore various sources to meet their information needs.

Methodology: This work employed descriptive research design using a self-developed questionnaire to gather data from student nurses on the various information resources they use.

Result: The results of the research show that prints materials are the major information resources used by the students, who are active users of the library. Asking colleagues and librarians ranked highest among sources contacted for information. Ease of access and availability of information resources in the library were the most favoured characteristics when looking for information. Student …

Marketing Of Web-Based Library Resources In Nigerian Universities, Effiong Emmanuel Okon, Inyang John Ime, Etim Ima-Obong A

Library Philosophy and Practice (e-journal)

This research work assessed the strategic issue of marketing of web-based information resources and services via library websites in academic libraries in Nigeria. Current status of university library websites was examined in terms of visibility, online services/resources and networking with subject gateways, professional associations etc. The study adopted survey design, with population of 44 university library websites and sample size of 16 library websites. Checklist was used for data collection and analyzed using simple percentage. The study revealed that academic library websites were under utilized for marketing of information resources as this development is evolving. It recommended that there should …

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 …

Effects Of Job Specialization And Departmentalization On Job Satisfaction Among The Staff Of A Nigerian University Library, Samuel Olu Adeyoyin, Florence Agbeze-Unazi, Olatundun Oluwatoyin Oyewunmi, Adewale Isau Adegun, Rafiu Olabamiji Ayodele

Library Philosophy and Practice (e-journal)

Job specialization is the degree to which the overall task of the organization is broken down into smaller component parts. Departmentalization, on the other hand, is the grouping of jobs according to some logical arrangement. The effect of these two variables on job satisfaction among the staff of a library was the focus of this study. A descriptive research design was adopted while a survey method was employed to elicit information from the respondents for this study. Fifty (50) copies of questionnaires with 30 structured questions were distributed among the staff of Nimbe Adedipe Library, Federal University of Agriculture, Abeokuta …

A Qualitative Coded Analysis Of Undergraduate And Graduate Student Library Instruction Feedback, Tina Budzise-Weaver, Susan P. Goodwin, Michael L. Maciel

Library Philosophy and Practice (e-journal)

Student Feedback has become increasingly important as libraries tailor their services to the customer. A team from Texas A&M University Libraries analyzed student feedback forms to determine impressions from library information literacy classes. This paper analyzes student feedback forms through both traditional assessment and a coded-analysis using ATLAS.ti. These analyses determined student participation by number of attendees, student classification, and departmental majors. Overall themes emerged from students’ comments that provided insight into the information literacy sessions. The study found that reaching undergraduate students in their first–year and seeing graduate students more than once, makes a greater impact on their …

Individualized Injunctions And No-Modification Terms: Challenging "Anti-Reform" Provisions In Arbitration Clauses, Myriam E. Gilles

Articles

The Supreme Court’s recent decisions in AT&T Mobility v. Concepcion and American Express v. Italian Colors have considered only whether class actions for monetary damages may be barred by arbitration clauses requiring individual adjudication. The Justices have not examined the enforceability of arbitration clauses or arbitral rules which explicitly prohibit claimants from seeking or arbitrators from granting broad injunctive relief in an individual dispute. I term these "anti-reform" provisions because they broadly prohibit an individual arbitral claimant from seeking to end a practice, change a rule, or enjoin an act that causes injury to itself and to similarly-situated non-parties. This …

Graywater Systems, Roslynn Brain, Jeremy Lynch, Kelly Kopp

All Current Publications

This fact sheet describes graywater. Though not suitable as drinking water, graywater can be used for irrigation particularly of trees and shrubs, whose woody stems serve as additional filters for contaminants that may be present.

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 …

Addressing Moral Distress In Critical Care Nurses, Rose Allen, Eve Butler

All Publications

No abstract provided.