Digital Commons Network^™

Post-Crisis Reform Of The Supervisory System And High Reliability Theory, Robert F. Weber

Georgia Law Review

Post-crisis reforms of the financial supervisory system have focused on improving the resilience of individual firms and promoting containment of problems in the event that an individual firm does fail. Both resilience and containment are hallmarks of "high reliability organizations" (HROs), a class of organizations distinguished by their ability to maintain reliable performance in dynamic operating conditions.' In the organizational context, resilience is about making organizations more robust to unexpected problems and stresses, and able to maintain performance across a wide range of unanticipated stressed outcomes. Containment is about isolating organizational failures so that when they occur, they do not …

A Quantum Congress, Jorge R. Roig

Scholarly Works

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …

No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman

Scholarly Works

This article focuses on two aspects of smart growth policy that have thus far received little attention: maximum parking and minimum density requirements. To ascertain the frequency of such regulations, we examine the zoning regulations of twenty-four mid-sized cities, defined as those with populations between 500,000 and one million residents. The article concludes that the first type of regulation is somewhat common, but is usually restricted to certain types of land uses or sections of a city. Minimum density requirements, by contrast, are quite rare and quite lenient. Because these types of regulations have received little scholarly attention and are …

Robotic Marriage And The Law, Mark Goldfeder, Yosef Razin

Scholarly Works

The United States, and the world at large, is in the midst of a family law revolution that will fundamentally change our very conception of family. Ethical challenges to age-old ideas have prompted people to ask foundational questions, such as how and why our most important personal relationships evolved. In a world where same-sex marriage has been legalized, it is only natural to wonder who marriage may include in the future. This essay explores the question of whether a human and a robot could ever legally marry in the United States. Through a thought experiment, it examines the legal and …

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Scholarly Works

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …

A Comparison Of The New York Bar Examination And The Proposed Uniform Bar Examination, Suzanne Darrow-Kleinhaus, Mary Campbell Gallagher

Scholarly Works

The New York Board of Law Examiners (BOLE) proposes adopting the Uniform Bar Exam (UBE), substituting it for the current New York Bar Exam (NYBE). The BOLE proposal is currently under active consideration, and it is the subject of public hearings. This article examines some of the issues the proposal raises. First, we look at the history of the proposal, and at the differences between the UBE and the NYBE as it is currently administered. Then we look in detail at the proposal for New York: a combination of the UBE plus a stand-alone one-hour multiple-choice New York test. Finally, …

The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine

Scholarly Works

This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …

A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine

Scholarly Works

Over the past several decades, the United States Supreme Court has demonstrated an increasing refusal to engage in a close evaluation of the religious nature of Free Exercise and Establishment Clause claims, instead deferring to adherents’ characterizations of the substance and significance of a religious practice or belief. The Supreme Court’s hands-off approach, which it has justified on both constitutional and practical grounds, has attracted considerable scholarly attention, producing a substantial and growing body of literature assessing and, at times, critiquing the Court’s approach.

Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach …

Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen

Scholarly Works

The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”

At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …

Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen

Scholarly Works

This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs

Scholarly Works

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …

Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen

Scholarly Works

The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.

The Effect Of A Drama On Young Adults' Attitudes About Domestic Violence, Regina Watson

Walden Dissertations and Doctoral Studies

Intimate partner abuse has been and remains a pervasive problem that has been documented in every race, religion, class, and level of education. This study presented the rationale for achieving positive social change by examining the problem through prevention rather than reaction and intervention. Although many theories of causation have been presented at various times, none has been proven or offers a complete explanation. Social ecological theory examines the interaction of individual, community, relational, and societal influences on the development of attitudes and behavior acceptance. This pre and post-survey group, quasi-experimental study examined the effects of an intervention on attitudes …

The Influence Of Demographics And Cultural Attitudes On Sexual Orientation Attitudes In African American Adults., Bernadette Dawn Harrell

Walden Dissertations and Doctoral Studies

African Americans who identify as gay, lesbian, bisexual, and transgender (GLBT) are discriminated against in the African American community. Sociodemographics such as income, education, age, and religion/spirituality have been shown to be associated with sexual prejudice. There is limited research on how African American cultural attitudes influence attitudes towards sexual orientation. The purpose of this study was to examine the extent to which demographic variables and African American cultural attitudes (measured by the African American Acculturation Scale-Revised; AAAS-R) predict attitudes toward sexual orientation in African American adults (measured by the Attitudes towards Lesbians and Gay Men Scale; ATLG). Social identity …

Instructional Writing Practices In Grade Five, Susan Elaine Newberry

Walden Dissertations and Doctoral Studies

Nationally and locally, a paucity of students are effective writers. The purpose of this exploratory, sequential mixed methods study was to explore effective research-based writing strategies and influences on writing skills of 5th grade students. Guided by Vygotsky's zone of proximal development theory, the research questions investigated teachers' perceptions of the best instructional writing practices, the effect of writing practices on students' state writing scores, the relationship between student attendance and performance on the state writing test, and the amount of instructional planning dedicated to best writing practices. Data were collected from interviews with 5th grade teachers (N = 5), …

Cultural Competence In Certified Registered Nurse Anesthetists, Martina Renee Steed

Walden Dissertations and Doctoral Studies

For several decades, the field of nursing has focused on the integration of cultural competence content into its prelicensure educational programs. Despite this focus, little is known about the cultural competence of nurses extending their education past initial licensure into an advanced practice nursing specialty, such as nurse anesthesia. Researchers in other fields have found that provider race and previous cultural competence training are associated with higher levels of cultural competence. This research, guided by the culture care diversity and universality theory, sought to determine the relationship between the two subscales, Cultural Awareness and Sensitivity (CAS) and the Cultural Competence …

Public-Police Relations: Officers' Interpretations Of Citizen Contacts, Donal Alfred Hardin

Walden Dissertations and Doctoral Studies

Perceptual differences in how citizens and police view police-initiated contacts can result in individual and communal tension, mistrust, and social strife, which complicate the relationships needed in order to thrive and promote safe environments. To examine how police officers interpret these contacts, this case study sought to explore the nature of citizen-police relations from the perspective of police officers in a city in the northwest part of the United States. Social contract and procedural justice theories were used to examine the circumstances that officers cited for taking enforcement actions, including operational definitions of police fairness and legitimacy from the Queensland …

A Mixed Method Study Of Diagnostic And Adaptive Functioning Challenges In African American Preschool-Aged Children With Autism Spectrum Disorders, Douglene Jackson

Walden Dissertations and Doctoral Studies

Children with Autism Spectrum Disorder (ASD) are known to experience performance and participation challenges, with early diagnosis being critical for improved outcomes. Children from ethnic minority backgrounds tend to receive their diagnoses later, even when symptomatology is similar. This mixed methods study explored symptom severity, functional difficulties, and age at diagnosis for ASD and to describe the functional challenges encountered by preschool-aged children with ASD of African American descent. The International Classification of Functioning, Disability, and Health along with the Model of Human Occupation were the theories used for this study to conceptualize functional challenges and other potential factors. Research …

Moving From Theory To Practice: Integrating Mobile Devices In Elementary Reading Instruction, Lisa Marie Bald

Walden Dissertations and Doctoral Studies

Technology integration continues to be a professional development concern, especially in elementary schools. It remains unclear why there is a difference between how teachers talk about using technology and how they apply it in teaching reading. The purpose of this study was to explore professional development options that would help teachers connect theory to practice by studying their decision-making process. The conceptual framework was based on elements of the knowing-doing gap and reflective practices. The research questions explored (a) the decision-making process, (b) reflective practices used during decision-making, (c) professional development that facilitates closing the knowing-doing gap, and (d) recommendations …

Investigating Differences In How The News Media Views Homosexuality Across Nations: An Analysis Of The United States, South Africa, And Uganda, Amy Adamczyk, Chunyre Kim, Lauren Paradis

Publications and Research

While there is a wealth of information about the extent to which people across the world disapprove of homosexuality, we know a lot less about the lenses through which they view same-sex relations. The aim of this study is to understand better how homosexuality is framed in the public press, and how religion and economic development may combine to shape this discourse. Through an analysis of almost 400 newspaper articles, this study compares how homosexuality is framed in Uganda, South Africa, and the United States. Because these nations have high levels of religious belief, but differ in their level of …

Investigating The Applicability Of Macro-Level Criminology Theory To Terrorism: A County-Level Analysis, Joshua D. Freilich, Amy Adamczyk, Steven M. Chernak, Katherine A. Boyd, William S. Parkin

Publications and Research

This exploratory study examines if causal mechanisms highlighted by criminology theories work in the same way to explain both ideologically motivated violence (i.e., terrorism) and regular (non-political) homicides. We study if macro-level hypotheses drawn from deprivation, backlash, and social disorganization frameworks are associated with the likelihood that a far-right extremist who committed an ideologically motivated homicide inside the contiguous US resides in a particular county. To aid in the assessment of whether criminology theories speak to both terrorism and regular violence we also apply these hypotheses to far-right homicide and regular homicide incident location and compare the results.

Explaining Attitudes About Homosexuality In Confucian And Non-Confucian Nations: Is There A 'Cultural' Influence?, Amy Adamczyk, Yen-Hsin Alice Cheng

Publications and Research

The majority of research on attitudes about homosexuality has concentrated on the global North and on Christian and Muslim majority nations. Little research attention has been given to the factors that shape tolerance in societies with a Confucian heritage. Residents of Confucian counties are less tolerant than Europeans and Americans. One reason given for this difference is the emphasis on Confucian values in many Asian societies. Using data from the World Values Survey, we examine whether values that could be described as Confucian influence attitudes in Confucian and non-Confucian nations. We find a unique Confucian cultural effect, which can partially …

The Second Blessing In Symbol, Beverly Carradine

Heritage Material

No abstract provided.

Federal Deference To State Agency Implementation Of Federal Law, Emily Stabile

Kentucky Law Journal

Increasingly, federal statutory schemes call upon state agencies to execute federal laws. One such example is the Affordable Care Act--a statute that allows states the option of implementing the requirements of the law and offering health coverage through their own agencies instead of through the Department of Health and Human Services. As more laws like this permit state agencies to carry out federal law, state agencies will be forced to interpret federal law as ambiguities arise. Mhile federal courts have constructed a fairly defined regime for review of agency interpretations under the Chevron and Skidmore doctrines, review of state agencies' …

Regulation Of The Pay Television Market: Why A La Carte Cable Is Not The Solution But Giving The Fcc More Power Is, Jacob Moak

Kentucky Law Journal

No abstract provided.

That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch

Kentucky Law Journal

No abstract provided.

Surveillance At The Source, David Thaw

Kentucky Law Journal

Contemporary discussions concerning surveillance focus predominantly on government activity. These discussions are important for a variety of reasons, but they generally ignore a critical aspect of the surveillance--harm calculus--the source from which government entities derive the information they use. The source of surveillance data is the information "gathering" activity itself which is where harms like "chilling" of speech and behavior begin.

Unlike the days where satellite imaging, communications intercepts, and other forms of information gathering were limited to advanced law enforcement, military, and intelligence activities, private corporations now play a dominant role in the collection of information about individuals' activities. …

One Minute To Midnight: Amending The War Powers Resolution To Confront The Coming Cyber Wars, Benjamin L. Monarch

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 103, Issue 4, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Conditions Associated With Increased Risk Of Fraud: A Model For Publicly Traded Restaurant Companies, Elizabeth Yost

Electronic Theses and Dissertations

The central focus of this dissertation study is to understand the impact of the Sarbanes-Oxley Act and the factors that contribute to increased risk of fraud in order to determine why fraud may occur despite the imposed regulation of the Sarbanes-Oxley Act. The main premise of the study tests the application of the fraud triangle framework constructs to publicly traded restaurant companies during the time period of 2002-2014, using proxy variables defined through literature. Essentially, the study seeks to identify the factors that may provide the optimal criteria to engage in fraudulent or opportunistic behavior. The fraud triangle theoretical framework …