Digital Commons Network^™

The Cowboy Code Meets The Smash Mouth Truth: Meditations On Worker Incivility, Michael C. Duff

All Faculty Scholarship

This symposium essay argues that workers must face up and wake up to the emerging real world of perpetual employment vulnerability. Clinging to the faith that those who govern us will abide by simple moral codes simply will not do in this world. Workers must resist forces promoting vulnerability and internalize a steely and clear-eyed ethic of self-defense in response to the smash mouth truth of this challenging new environment. Workers and dissidents must not shrink when their frank opposition to the status quo is cabined and marginalized as “incivility.” The law — and I focus in the essay on …

"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 …

Supporting Education, Research, And Training In The 21st Century, Glynis M. Bradfield, Adam Fenner, Petr Činčala

Faculty Publications

The expanding array of digital devices accessing the Internet around the globe provides new opportunities to collaborate in educating Adventist teachers and educational leaders to continue the teaching ministry of Jesus Christ in the 21st century. Partnerships among the Curriculum and Instruction Resource Center Linking Educators (CIRCLE), the Adventist Learning Community (ALC), and the Institute of Church Ministry (ICM) now connect more Adventists to education and training resources electronically than ever before.

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 …

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 …

Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich

Articles

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 …

Functions Of Freedom: Privacy, Autonomy, Dignity, And The Transnational Legal Process, Frederic G. Sourgens

Vanderbilt Journal of Transnational Law

What is the function of freedom for the transnational legal process? This Article answers this question through the lens of the ongoing Ukrainian crisis and the deeply inconsistent international legal arguments presented by each side of the conflict. These inconsistencies suggest that criticism of international law as purely political pretense has merits. The Article shows that transnational legal process theory can account for and incorporate these facial inconsistencies and thus address the criticism leveled at international law. The Article proceeds to develop a theory of freedom as a value that is internal to, and necessary for, transnational legal process. This …

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 …

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 …

Do Conservative Justices Favor Wall Street: Ideology And The Supreme Court's Securities Regulation Decisions, Marco Ventoruzzo, Johannes W. Fedderke

Faculty Scholarship

The appointment of Supreme Court justices is a politically-charged process and the "ideology" (or "judicial philosophy") of the nominees is perceived as playing a potentially relevant role in their future decision-making. It is fairly easy to intuit that ideology somehow enters the analysis with respect to politically divisive issues such as abortion and procreative rights, sexual conduct, freedom of speech, separation of church and state, gun control, procedural protections for the accused in criminal cases, governmental powers. Many studies have tackled the question of the relevance of the ideology of the justices or appellate judges on these issues, often finding …

The Price Of Paid Prioritization: The International And Domestic Consequences Of The Failure To Protect Net Neutrality In The United States, Arturo J. Carrillo, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

This article examines the international trade and human rights obligations of the United States as they relate to net neutrality to determine the extent to which the approach adopted by the Federal Communications Commission (FCC) in 2015 to promote an open Internet complies with those obligations. In March of that year, the FCC adopted new rules to promote and protect an open Internet that, inter alia, reclassified broadband providers as common carriers subject to nondiscrimination obligations and codified strong net neutrality protections. The authors argue that the 2015 FCC Order, contrary to its predecessors, largely meets the requirements of the …

Academic Affairs Update, January 2015, University Of Northern Iowa. Office Of The Provost And Executive Vice President For Academic Affairs.

Academic Affairs Update

Inside this issue:

-- Two Centuries of the North American Review

Csbs Statements, V17, 2015, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

--- From the Desk of the Dean
--- Sabin Hall Renamed
--- A Game-Changing Gift for the Social & Behavioral Sciences
--- Podolefsky Conference Room Named
--- Where in the Worlid is CSBS?
--- Polar Opposites: CSBS is involved in places very different from ours-and each other
--- College of Social & Behavioral Sciences Loyal Roster
--- Dean's Fund Inner Circle
--- Faculty Retirements
--- Award-Winning Faculty
--- New Faculty
--- Iowa Photo Archive @ UNI
--- 2015 CSBS Distinguished Alumni Named
--- TEDxUNI
--- In Memoriam: John Baskerville
--- Student Highlights
--- Alumni Updates

“Big Science Through A Small Lense” This Month At Cafe Scientifique, University Relations

Campus News Archive

Professor of English Chrissy Kolaya will lead the discussion on the importance of effective science communication.

Underlying Dimensions Of The "Physical Educators' Judgments About Inclusion" Instrument: Brazilian-Version, Samuel R. Hodge, Paulo José Barbosa Gutierres Filho, Justin A. Haegele, Francis M. Kozub

Human Movement Studies & Special Education Faculty Publications

Background/Objective: The available information pertaining to the attitudes of Brazilian physical education teachers about teaching students with disabilities is limited in the extant literature base. Rationally, however, scholars argue that determining, analyzing, and theorizing about the attitudes of physical education teachers is important in the preparation and professional development of these teachers. It is therefore important to extend the research base using valid and reliable measures regarding teachers’ attitudes about inclusion and teaching students with various disabilities. Purpose: The purpose of this study was to examine the underlying dimensions of the Physical Educators’ Judgments about Inclusion (PEJI) scale following translation …

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.

In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …

The Legitimacy Of Administrative Law, Jed Handelsman Shugerman

Faculty Scholarship

"How does an alien imposition attain legitimacy?" asks Nicholas Parrillo in Against the Profit Motive: The Salary Revolution in American Government, 1780-1940.' Parrillo and three other historians address this question in a group of outstanding new books on the rise of American administrative law. Each book reflects the various ways in which American administrative law has been an alien imposition: filling a "hole" in the text of the Constitution that did not address administrative powers;2 changing the traditional separation of powers of legislative rule-making and judicial adjudication with individualized due process; imposing centralized bureaucracy over local self-rule; imposing the …

Dreptul Arbitral, Explicat, William W. Park

Faculty Scholarship

No abstract provided.

Comments On The Oecd's "Due Diligence Guidance For Meaningful Stakeholder Engagement In The Extractives Sector", Lisa J. Laplante, Erika George

Faculty Scholarship

Professor Lisa Laplante of New England Law | Boston’s Center for International Law and Policy (CILP) and Professor Erika George of the University of Utah S.J. Quinney College of Law’s Center for Global Justice respectfully submitted this collaborative commentary in response to the OECD’s Draft Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractives Sector which build off of the OECD Guidelines for Multinational Enterprises which offer comprehensive recommendations to promote responsible business conduct. The 2011 revisions to the OECD MNE Guidelines introduced an important new provision on stakeholder engagement. Pursuant to the provision, multinational enterprises should: “engage with …

Factors Associated With Inconsistent Condom Use Among Men Who Have Sex With Men In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Khuondyla Pal, Khimuy Tith, Carinne M. Brody

Background: Compared to the general population, men who have sex with men (MSM) are at greater risk for HIV and less understood due to their more hidden and stigmatized nature. Moreover, the discrepancy in findings in the literature merits further investigations in MSM populations from different cultures and settings. We therefore conducted this study to explore factors associated with inconsistent condom use among high-risk MSM in Cambodia.

Methods: This cross-sectional study was conducted in 2014 among 367 MSM randomly selected from Battembang and Siem Reap using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to …

Factors Associated With Recent Hiv Testing Among High-Risk Men Who Have Sex With Men: A Cross-Sectional Study In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Carinne M. Brody, Khuondyla Pal, Sopheap Oum

Background: Despite remarkable success in the fight against HIV, HIV prevalence in many countries remains high among key populations including men who have sex with men (MSM), and HIV testing rates is relatively low among this hard-to-reach population. This cross-sectional study explores factors associated with recent HIV testing among MSM in Cambodia.

Methods: This study was conducted in 2014 and included 384 MSM randomly selected from two provinces of Battembang and Siem Reap, using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to collect data on socio-demographic characteristics, HIV testing history, sexual behaviors, …

Improving Education Opportunity, Health, And Quality Of Life Of Orphans And Vulnerable Children: The Sustainable Action Against Hiv And Aids In Communities (Sahacom), Siyan Yi, Pheak Chhoun, Samantha Brant, Kelley Kita, Sovannary Tuot

Aims: This study evaluated the impact of the Sustainable Action against HIV and AIDS in Communities (SAHACOM) project in improving education opportunity, health, and quality of life of orphans and vulnerable children (OVC) in Cambodia.

Study Design: Operational intervention study.

Place and Duration of the Study: Five provinces in Cambodia, from 2010 to 2014.

Methodology: A two-stage cluster sampling method was used to select 756 OVC at midterm and 785 OVC at end line for face-to-face interviews. Outcome indicators from end line (2014) were compared to those obtained at midterm (2012). Where possible, the data were also compared with data …

Aids-Related Stigma And Mental Disorders Among People Living With Hiv: A Cross-Sectional Study In Cambodia, Siyan Yi, Pheak Chhoun, Samedy Suong, Carinne M. Brody, Sovannary Tuot

Background: AIDS-related stigma and mental disorders are the most common conditions in people living with HIV (PLHIV). We therefore conducted this study to examine the association of AIDS-related stigma and discrimination with mental disorders among PLHIV in Cambodia.

Methods: A two-stage cluster sampling method was used to select 1,003 adult PLHIV from six provinces. The People Living with HIV Stigma Index was used to measure stigma and discrimination, and a short version of general health questionnaire (GHQ-12) was used to measure mental disorders. Multivariate logistic regression analysis was conducted.

Results: The reported experiences of discrimination in communities …

The Impact Of A Community-Based Hiv And Sexual Reproductive Health Program On Sexual And Healthcare-Seeking Behaviors Of Female Entertainment Workers In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Carinne M. Brody, Khimuy Tith, Sopheap Oum

Background: In Cambodia, despite great successes in the fight against HIV, challenges remain to eliminating new HIV infections and addressing sexual reproductive health (SRH) issues in key populations including female entertainment workers (FEWs). To address these issues, the Sustainable Action against HIV and AIDS in Communities (SAHACOM) project has been implemented since late 2009 using a community-based approach to integrate HIV and SRH services. This study evaluates the impact of the SAHACOM on sexual and healthcare-seeking behaviors among FEWs in Cambodia.

Methods: A midterm and endpoint comparison design was utilized. Midterm data were collected in early 2012, and …

Economic Self-Help Group Programs For Improving Women’S Empowerment: A Systematic Review, Carinne M. Brody, Thomas De Hoop, Martina Vojtkova, Ruby Warnock, Megan Dunbar, Padmini Murthy, Shari Dworkin

Motivation: Self-help groups (SHGs) are implemented around the world to empower women, supported by many developing country governments and agencies. A relatively large number of studies purport to demonstrate the effectiveness of SHGs. This is the first systematic review of that evidence.

Approach: We conducted a systematic review of the effectiveness of women’s economic SHG programs, incorporating evidence from quantitative and qualitative studies. We systematically searched for published and unpublished literature, and applied inclusion criteria based on the study protocol. We critically appraised all included studies and used a combination of statistical meta-analysis and meta-ethnography to synthesize the …

Let's Spread The Word About The Wisdom Of Transformative Learning, Sabra Brock

Graduate School of Business Publications and Research

The author argues for the discussion of the findings of transformative learning research in more mainstream platforms.

A Traves De La Experiencia: Son-Father Relationships In Mexican Migrant Farmworker Families As Seen By Sons, And Gatekeepers' Perspectives On The Families, Luis Romero

All-Inclusive List of Electronic Theses and Dissertations

In this qualitative study, I focus mainly on the perspectives of sons, regarding their interactions and relationships with their fathers. The participants were 10 adolescents of Mexican descent, ranging in age from 12 to 17 years and belonging to migrant/seasonal farmworker families in the Rio Grande Valley in South Texas and the Panhandle of North Florida. In addition, five gatekeepers who worked with this population added their perspectives on the lives of these migrant/seasonal farmworker families. Using the paradigm of constructivism and a qualitative approach, semi-structured interviews were conducted to collect data. Interviews were audio taped and transcribed verbatim. Data …

Emotional Intelligence And Its Effect On Juvenile Delinquency, Rex E. Hammond

All-Inclusive List of Electronic Theses and Dissertations

Understanding the role that emotional intelligence plays in the life of an adolescent is paramount in trying to ascertain success in life. As outlined by Salovey and Mayer (1990), emotional intelligence is broken into four subscales: perceiving, facilitating, understanding, and managing emotions. This study examines the impact that overall emotional intelligence, and each subscale of emotional intelligence, has on juvenile deviant behavior in one Utah school district. Using secondary data received from Lance (2003), 152 high school students, ages 14 to 18, were surveyed using three different questionnaires: a demographic survey, the Emotional Intelligence Inventory, and the Normative Deviancy Scale.