Digital Commons Network^™

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 …

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …

Female Ghost Or Worker Heroine? – Gender, Space, And Feminist Intervention In Contemporary Taiwan, Anru Lee

Publications and Research

The twenty-five Ladies’ Tomb was the collective burial site of female workers who were drowned during a ferry accident on their way to work at export processing zones in Kaohsiung, Taiwan, in 1973. This essay focuses on the renovation of the tomb in the 2000s, and examines the politics of the feminist movement and the politics of memory as they are expressed through the different meanings bestowed on the deceased women. People involved in the renovation process included the Kaohsiung Association for the Promotion of Women’s Rights (KAPWR), the families of the deceased, and the Kaohsiung City government, all of …

Place-Making, Mobility, And Identity: The Politics And Poetics Of Urban Mass Rapid Systems In Taiwan, Anru Lee

Publications and Research

No abstract provided.

Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer

Faculty Scholarship

In this article, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across jurisdictions, namely the tension between the uniformity of directors’ duties and the heterogeneity of directors themselves. American scholars tend to think of the board as a group of individuals elected by shareholders, even though it is widely acknowledged (and criticized) that the board is often a largely self-perpetuating body whose inside members dominate the selection of their future colleagues and eventual successors. However, this characterization is far from universally true internationally, and it tends to be increasingly less true even in the …

Litigation Isolationism, Pamela K. Bookman

Faculty Scholarship

Over the past two decades, U.S. courts have pursued a studied avoidance of transnational litigation. The resulting litigation isolationism appears to be driven by courts’ desire to promote separation of powers, international comity, and the interests of defendants. This Article demonstrates, however, that this new kind of “avoidance” in fact frequently undermines not only these values but also other significant U.S. interests by continuing to interfere with foreign relations and driving plaintiffs to sue in foreign courts.

This Article offers four contributions: First, it focuses the conversation about transnational litigation on those doctrines designed to avoid it—that is, doctrines that …

The Perceptions Of Adults 35 And Older On Online Learning, Hector Alvarez Trujillo

Walden Dissertations and Doctoral Studies

This qualitative case study examined the level of satisfaction among a group of adults ages 35 years and older enrolled in an online education program (OLEP) in a university in Puerto Rico. Although the current literature revealed that adult students 35 years and older are the fastest growing population enrolling in online college education programs in Puerto Rico, prior satisfaction studies conducted by this institution did not focus on this population. The theoretical framework of this study was guided by Holsapple and Lee's Post e-learning success model. The goal of this study was to understand students' satisfaction with the online …

Double Remedies In Double Courts, Sungjoon Cho, Thomas H. Lee

Faculty Scholarship

This Article uses an ongoing trade controversy litigated in U.S. courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the Article proposes an engagement model as a solution to the double courts, single issue problem.

Formalism And Distrust: Foreign Affairs Law In The Roberts Court, Harlan G. Cohen

Faculty Scholarship

When it comes to foreign relations, the Roberts Court has trust issues. As far as the Court is concerned, everyone — the President, Congress, the lower courts, plaintiffs — has played hard and fast with the rules, taking advantage of the Court’s functionalist approaches to foreign affairs issues. This seems to be the message of the Roberts Court foreign affairs law jurisprudence.

The Roberts Court has been active in foreign affairs law, deciding cases on the detention and trial of enemy combatants, foreign sovereign immunity, the domestic effect of treaties, the extraterritorial reach of federal statutes, the preemption of state …

Witnessing Parental Domestic Violence And Young Girls' Dating Relationships, Brinda Kay Mckinney

Walden Dissertations and Doctoral Studies

Domestic violence afflicts people regardless of ethnicity, socio-economically status, age, or gender. Too often, girls enter and remain in abusive relationships, despite the trauma and risks of doing so. Using Roy's theory of adaptation, this study explored the effect of witnessing inter-parental violence on girls' experiences of physical violence or sexual abuse in their dating relationships. Original data collection occurred at a Midwestern U.S. university via e-mail using questions adapted from the CDC's Youth Risk Behavior Survey Surveillance System. The study used 526 responses from female participants who self-disclosed if they had or had not witnessed inter-parental violence for categorical …

Extralegal Factors Important To Judges' Decisions In Child Abuse Custody Cases, Marilyn Jeanette Nolan

Walden Dissertations and Doctoral Studies

Extralegal Factors Important to Judges' Decisions in Child Abuse Custody Cases

by

Marilyn J. Nolan

MS, Pittsburg (Kansas) State University, 1986

BS, Missouri Southern State University, 1982

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Human Services

Walden University

May 2015

Research has shown juvenile court judges are skeptical of mental health testimony; however there is a lack of research regarding what types of testimony by what kinds of experts are valued by judges. Using the theory of legal pragmatism, the purpose of this study was to assess how 83 Oklahoma District Court …

Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson

Faculty Publications

No abstract provided.

The Impact Of Leadership On The Governance Of Infrastructure Development In Nigeria, Michael Oziegbe Onolememen

Walden Dissertations and Doctoral Studies

Research literature has documented Nigeria's leadership crisis since its independence from Great Britain in 1960. This crisis corresponds with political instability and infrastructure weaknesses, which have resulted in crime, corruption, poverty, lack of social cohesion and personal freedoms, environmental degradation, gender inequities, and deteriorating conditions of public works. No literature was located that addressed the impact of leadership on the governance and development of infrastructure in Nigeria. The purpose of this qualitative case study was to investigate this phenomenon in Nigeria between 1960 and 2010. The theoretical framework comprised Burns' and Bass' theories of transformational leadership, and Davis' and Toikka's …

Contextual Factors And Direct Exposure To Hiv: Influences On Youth Sexual Intention, Hadiza Ladidi Osuji

Walden Dissertations and Doctoral Studies

Youth are having sexual intercourse at an early age and as such, are engaging in risky behaviors that are associated with adverse health outcomes, including HIV infection. Little research has been undertaken to examine the influence of contextual factors on youth intentions to delay sexual involvement. To address that gap, this study aimed to examine the influence of age, gender, race, immigration status, HIV knowledge, HIV-related stigma, concern about HIV, direct exposure to HIV/AIDS, peer pressure, and religious influence on youth intentions to delay sexual involvement. Delayed sexual involvement was conceptualized as youth attitudes towards abstaining from sex, their knowledge …

Marketplace Clinics Complementing Community-Based Diabetes Care For Urban Residing American Indians, Robert Steven Rick

Walden Dissertations and Doctoral Studies

The American Indians population in Minneapolis, Minnesota has experienced limited health care access and threefold diabetes health disparity. The purpose of this study was to measure the extent to which collaborating marketplace clinics and community-based support groups expanded diabetes care and provided self-management education for this largely urban Indian neighborhood. The marketplace clinics located in nearby CVS, Walmart, Target, and Supervalu stores committed financial support, certified educators, and pharmacy staff for the community-based support group. The study was conducted within the patient activation measure (PAM) analytical framework to assess the participants' acquired knowledge, skills, and confidence for diabetes self-management. A …

Improving The Experiences Of Informal And Formal Alzheimer's Disease And Dementias Caregivers, Roxroy Anthony Reid

Walden Dissertations and Doctoral Studies

Informal and formal caregivers of persons with Alzheimer's disease and related dementias (ADRD) encounter a more difficult and unique set of challenges than do caregivers of individuals with general disabilities. If adequate caregiver supports are not provided, caregivers may experience increased strain as the disease progresses, increasing the likelihood of unnecessary institutionalization of their care recipients and increasing the cost to the public. Using rational choice theory and political systems theory, the purpose of this study was to differentiate between the phenomenological experiences of formal and informal caregivers of ADRD patients. The overall research was a qualitative design that used …

Countering Student Apathy To Increase Student Engagement, Rebecca Ann Schou

Walden Dissertations and Doctoral Studies

At a suburban elementary school in Maryland, 3 years of data revealed that the school is grappling with the problem of student apathy. While there is a growing body of research on apathy and its effects on student achievement, few researchers have examined the problem from the perspective of the apathetic student. The purpose of this qualitative case study, grounded in the social learning and cognitive development theories of Vygotsky and Piaget, was to explore student apathy and the learning environment at the target school through the perspectives of 8 former students and their parents. The research questions focused on …

Self Efficacy Of African American Women In Leadership Roles, Varil Deloise Williams

Walden Dissertations and Doctoral Studies

Little research has focused on developing female African American leaders. A mixed methods study examined the influence of conservation of resources (COR) and locus of control (LOC) on the self-efficacy (SE) of 26 female African American leaders. It also explored the role of mentoring and spirituality in leadership development for a subset of 5 participants. Data were obtained using a demographic questionnaire, the General SE Scale, the COR Evaluation Gain scale, and the LOC Assessment, along with transcribed responses to mentoring and spirituality interview questions. Pearson correlations run between age, education, and income, as well as COR, LOC, and SE …

Vitamin D Deficiency And Immune Function In African American, Hiv-Infected Men, Rana H. Ismail

Walden Dissertations and Doctoral Studies

Vitamin D deficiency is common in individuals diagnosed with HIV and is known for its detrimental health effects. Its recognition as a potent immune-modulator with possible immune health implications in HIV disease progression was the main impetus for this study. The association between Vitamin D and CD4 count falls short of being consistent and is too weak to allow conclusions. Similarly, the literature is inconsistent with regard to the impact of Vitamin D supplementation on CD4. This observational, retrospective chart review study aimed to explore the relationship between Vitamin D deficiency and CD4 count/percent, and to evaluate whether changes in …

Nlrb Elections: Ambush Or Anticlimax?, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

Superdelegation And Gatekeeping In Bankruptcy Courts, Melissa B. Jacoby

Faculty Publications

No abstract provided.

The Association Between Rheumatoid Arthritis And Type 2 Diabetes Mellitus, Magaly Perez Nieves

Walden Dissertations and Doctoral Studies

A research report from the Centers for Disease Control and Prevention (CDC) indicated that more than 50% of people with diabetes mellitus (DM) in the United States (U.S.) also have arthritis. The diabetes population is disproportionately affected by arthritis, but there has been limited and inconsistent research to confirm the association between type 2 diabetes mellitus (T2DM) and rheumatoid arthritis (RA). The current study aimed to identify an association between T2DM and RA for noninstitutionalized U.S. adults between 1999 and 2012 using a nationally representative sample from the National Health and Nutrition Examination Survey (NHANES) database (n =31,488 ). A …

Successful Informal Partnerships Between Nonprofit Organizations And Local Governments In A Metropolitan Area, Scott Pozil

Walden Dissertations and Doctoral Studies

Informal or non-contractual partnerships between nonprofit organizations (NPOs) and government entities are becoming more common in America, opening up new possibilities for NPOs to function as equal partners in the decision-making process and implementation of community services. The problem concerns the challenges that NPOs face in achieving equal partner status with their local government counterpart, a problem which has received limited attention in research. The purpose of this study was to explore the dynamics behind successful informal partnerships between NPOs and local governments, translating into effective and efficient service delivery. The theoretical framework was based on Davis's stewardship theory and …

Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo

Faculty Publications

No abstract provided.

Examining School Culture And Resources As Predictors Of The Implementation Of Evidence-Based Intervention, Cassandra L. Martinez

Walden Dissertations and Doctoral Studies

There is a lag in implementation of evidence-based interventions (EBI) in public schools in the United States. This lag creates a gap between what has been scientifically supported and what has also been implemented in school settings by special education teachers and school psychologists. The purpose of this quantitative study was to determine if consultation and professional development resources and 2 elements of school culture (school climate and school characteristics) predict the implementation of EBIs. The study tested 7 potential predictor variables: professional development, consultation, school climate, inclusive characteristic, exclusive characteristic, bureaucratic characteristic, and adhocratic characteristic. Survey data from 137 …

The Distribution Of Type 1 Diabetes Onset In The United States By Demographic Factors, Margaret Beckstrand

Walden Dissertations and Doctoral Studies

Type 1 diabetes (T1D) is a chronic and lifelong condition, often diagnosed in childhood. Patients with T1D are at elevated risks of associated health complications, comorbidities, and mortality. Occurrence, clinical presentation, and complications related to T1D differ by age of onset, ethnicity, and gender. The last reported population-based estimates regarding the burden of T1D in children using the National Health and Nutrition Examination Survey (NHANES) were published in 2008, and these estimates were not well stratified by age of onset, ethnicity, and gender. The purpose of this study was to examine these demographics within the conceptual framework of the hygiene …

Health-Related Beliefs Among Low-Income African American Women And Their Perceptions About Obesity, Cenora Kimberly Akhidenor

Walden Dissertations and Doctoral Studies

The aim of this study was to explore the health-related beliefs and perceptions of low-income African American women regarding obesity. Phenomenology served as the conceptual framework for this study. African American women, especially those in low-income brackets, have been shown to weigh more than women of other racial/ethnic groups. The consequences of these high rates are increased risks of developing chronic health disorders, such as type II diabetes and cardiovascular disease. The study sample consisted of 7 low-income obese African American women, ranging in age from 20 to 62, who resided in the Pacific Northwest. Recruitment for participation occurred via …

Success Factors Of Veteran-Owned Small Businesses, Kenneth Joseph Chamberland

Walden Dissertations and Doctoral Studies

Small business failure rates equate to 30% within 2 years and 50% after 5 years. The purpose of this multiple case study was to explore the strategies that veteran-owned small businesses used to sustain a business beyond 5 years in central Florida. Using a purposeful sampling technique, 13 central Florida veteran small business owners consented to interviews about their operating processes. Analysis of the veteran-owner managerial practices revealed common nodes and themes regarding small business longevity factors. Based on constant comparison coding, 4 small business themes emerged: business operating practices, market research, business adversities, and external small business assistance avenues. …