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U.S. Climate Resilience Toolkit Road Test: Bridging The Data-Practice Divide A Summary Report By Antioch University New England Center For Climate Resilience And Community Preparedness April 2015, Abigail Abrash Walton Phd, Michael Simpson Ms, Marilyn Castriotta Ms

Faculty Articles

Antioch University’s Center for Climate Preparedness and Community Resilience developed an online Facilitated Community of Practice model (FCoP) to convene 29 end-user decision-makers, working with 25 Eastern United States coastal communities, to “road test” the U.S. Climate Resilience Toolkit. FCoP participants (e.g., planners, emergency preparedness and municipal administration personnel, natural resource specialists) represented communities from Norfolk, VA, to Rockland, ME. The project was designed to provide constructive feedback to federal agencies to inform the usability of the toolkit for local decision makers and planners. The project also was intended to contribute to two broader outcomes: 1. building resilience in Eastern …

Administrative Leadership, Jon Wergin

Faculty Articles

This paper reviews current thinking on organizational leadership generally and academic leadership in particular. In the past quarter-century, views about the essence of leadership have shifted from a hierarchical view that leadership flows from a leadership position to a much more lateral view that leadership roles are available to everyone. Recent research on leadership in higher education largely mirrors the more general leadership literature: significantly more attention is now being paid to collective, context-dependent, and relational approaches. The higher education leader drawn to these new models is, however, also pulled in the opposite direction, toward an increasingly managerial culture requiring …

Faculty And Student Interactions At The Community College: An Examination Of The Interaction Order, Amber Archuleta-Lucero

Open Access Theses & Dissertations

Community college students represent 46% of all incoming freshman undergraduate students (American Association of Community Colleges, 2013). Increasingly, research on community colleges is focused on student success and in particular student engagement. One area of student engagement is faculty and student interactions which are an essential part of the collegiate experience.

The purpose of this study is to examine faculty and student interactions at the community college, in particular, the type of interactions, the nature of the interactions as well as how students interpret their interactions with faculty members. With an ever growing emphasis on accountability via student success outcomes …

Hydrodynamic Cavitation As A Method For Cell Disruption, Christopher Caviglia

Open Access Theses & Dissertations

Development of new renewable technologies is an important driver in the scientific community.

As atmospheric carbon dioxide levels increase and the dependence on a finite amount of fossil fuel remains, the need for sustainable forms of energy is ever growing. Research in the field of renewable biofuels has pointed researchers toward the naturally occurring, robust, lipid- producing microorganism; microalgae. Its ability to sequester carbon and yield high lipid production has made it very attractive to renewable research. It has the potential to produce up to 10 times the oil, per acre, than competing biofuel feedstocks. However, an energy efficient method …

Description And Analysis Of The Ocean Component Of Noaa’S Operational Hurricane Weather Research And Forecasting (Hwrf) Model, Richard M. Yablonsky, Isaac Ginis, Biju Thomas, Vijay Tallapragada, Dmitry Sheinin, Ligia Bernardet

Graduate School of Oceanography Faculty Publications

The Princeton Ocean Model for Tropical Cyclones (POM-TC), a version of the three-dimensional primitive equation numerical ocean model known as the Princeton Ocean Model, was the ocean component of NOAA’s operational Hurricane Weather Research and Forecast Model (HWRF) from 2007 to 2013. The coupled HWRF–POM-TC system facilitates accurate tropical cyclone intensity forecasts through proper simulation of the evolving SST field under simulated tropical cyclones. In this study, the 2013 operational version of HWRF is used to analyze the POM-TC ocean temperature response in retrospective HWRF–POM-TC forecasts of Atlantic Hurricanes Earl (2010), Igor (2010), Irene (2011), Isaac (2012), and Leslie (2012) …

Revelation 6:9-11: An Exegesis Of The Fifth Seal In The Light Of The Problem Of The Eschatological Delay, Patrice Allet

Dissertations

The fifth seal of Revelation has most often been treated from an anthropological perspective that appears to be clearly inadequate to account for the depth of this trigger passage located in a climactic setting. In and around the fifth seal, the text suggests indeed that the persecution of the last days has occurred. Imminence and delay do seem to intersect in the passage, creating a crisis of eschatological proportions which, in turn, raises questions of theodicy.

The purpose of this dissertation is to increase understanding of the fifth seal as a whole through a focused study of its delay motif …

Under-Represented Students' Engagement In Secondary Science Learning: A Non-Equivalent Control Group Design, Joy J. Vann-Hamilton

Dissertations

Problem.

A significant segment of the U.S. population, under-represented students, is under-engaged or disengaged in secondary science education. International and national assessments and various research studies illuminate the problem and/or the disparity between students’ aspirations in science and the means they have to achieve them. To improve engagement and address inequities among these students, more contemporary and/or inclusive pedagogy is recommended. More specifically, multicultural science education has been suggested as a potential strategy for increased equity so that all learners have access to and are readily engaged in quality science education. While multicultural science education emphasizes the integration of students’ …

A Case Study Of Accelerator Performance, Esthela Gallardo

Open Access Theses & Dissertations

In recent years the designs of High Performance Computing (HPC) clusters have become more complex. This is due to the emergence of new processing elements, in particular Graphics Processing Units (GPUs) and other many-core processors that can be combined with multi-core processors to enhance application performance. The design of a cluster includes processing elements that meet the needs of the applications that will run on the system. Unfortunately, it has become increasingly difficult to compare the performance of novel many-core processing elements due to the differences in their architectures. This work describes an attempt to develop a methodology for comparing …

Union With Christ In The Writings Of Ellen G. White, Katrina B. Blue

Dissertations

Building on the work of nineteenth-century theologian Augustus Strong, five historical approaches to union with Christ identified by Bruce Demarest in the late twentieth century include: an ontological union, a sacramental union, a covenantal union, a moral or filial union and an experiential union. Given the identification of multiple approaches to union with Christ, my dissertation attempts to clarify Ellen G. White’s concept of union with Christ using Demarest’s categories as an evaluation tool. I traced the development of her writings on union with Christ from 1860 to 1898 to ask whether White’s approach is best described as an ontological, …

When Faith Falls Short: Bankruptcy Decisions Of Churches, Pamela Foohey

Scholarly Works

What does a church do when it is about to go bust? Religious organizations, like any business, can experience financial distress. Leaders could try to solve their churches’ financial problems on their own. Perhaps leaders do not view the problems as addressable with law. Or perhaps they do not think, as a moral or spiritual matter, that they should resort to the legal system, such as bankruptcy, to deal with their churches’ inability to pay its debts. Yet about ninety religious organizations seek to reorganize under the Bankruptcy Code every year. This Article relies on interviews with forty-five of these …

Ilo Labor Standards And Trade Agreements: A Case For Consistency, Desiree Leclercq, Jordi Agusti-Panareda, Franz Christian Ebert

Scholarly Works

A growing number of trade agreements have taken an important step toward ensuring consistency by referring to - and hence incorporating the legal content of - ILO instruments. On its face, this uniform reference suggests an increasing alignment between the ILO's international labor standards system and the labor provisions included in the various trade agreements. The application of these references in the decentralized trade context needs to be considered carefully, however, as there is a risk of inconsistent practices between agreements.

Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq

Scholarly Works

The International Labour Organization (“ILO”) turns 100 years old in 2019, and is accordingly one of the oldest international organizations. Its mandate to promote decent work through standard-setting and norm supervision has been challenged by rapid changes in the world of work brought on by globalization, technological advancements, and an increasingly migratory workforce. These changes require the ILO to maintain a flexible system of norm creation and rulemaking that can adapt just as rapidly.

To ensure a flexible system, the ILO should be able to revise its instruments in a sufficiently responsive time. The ILO’s rule to amend its instruments, …

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Scholarly Works

Indirect investors—especially mutual fund investors—are often low-dollar, low-incentive, rationally apathetic investors facing enormous information asymmetries and collective action problems. These traits raise difficult corporate governance questions about how indirect investors exercise or should exercise their right to vote in fund elections, obtain fund-related information, and pursue litigation against the fund. These questions are all the more important in light of how many indirect investors own mutual funds through employer-sponsored defined contribution retirement plans.

John Morley and Quinn Curtis’s 2010 article, Taking Exit Rights Seriously, offers a clear answer to this problem. They assert that the best solution for all mutual …

The Price Of Corruption, Usha Rodrigues

Scholarly Works

The Supreme Court recently held that campaign contributions under $5200 do not create a “cognizable risk of corruption.” It was wrong. This Essay describes a nexus of timely contributions and special-interest legislation. In the most noteworthy case, a CEO made a first-time $1000 donation to a member of Congress. The next day that representative introduced a securities bill tailored to the interests of the CEO’s firm.

Armed with this real-world account of how small-dollar campaign contributions coincided with favorable legislative action, the Essay reads McCutcheon v. Federal Election Commission with a critical eye. In McCutcheon the Supreme Court assumed that …

Intentionalism Justice Scalia Could Love, Hillel Y. Levin

Scholarly Works

Book review of The Nature of Legislative Intent by Richard Ekins (Oxford 2012).

Statement, Winter 2015, Office Of Alumni Relations. Morehead State University

Morehead State Alumni Association Publications

Statement Magazine of Morehead State University from Winter of 2015.

"Sticky" Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal

Scholarly Works

We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators predicted that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent across …

Two-Time Presidents And The Vice-Presidency, Dan T. Coenen

Scholarly Works

Does the Constitution limit the ability of a twice-before-elected President to serve as Vice-President? This question, as it turns out, presents an intricate constitutional puzzle, the solution of which requires working through four separate sub-inquiries: Is a two-term President totally ineligible for the Vice-Presidency? Is such a person barred from election to the Vice-Presidency even if that person remains appointable to that office? Is a twice-before-elected President, even if properly placed in the Vice-Presidency, incapable of succeeding from that office to the Presidency? And even if such a succession can occur, must the resulting term of service as President expire …

Rethinking Religious Minorities' Political Power, Hillel Y. Levin

Scholarly Works

This Article challenges the assumption that small religious groups enjoy little political power. According to the standard view, courts, because of their countermajoritarian qualities, are indispensable for protecting religious minority groups from oppression by the majority. But this assumption fails to account for the many and varied ways in which the majoritarian branches have chosen to protect and accommodate even unpopular religious minority groups, as well as the courts’ failures to do so.

The Article offers a public choice analysis to account for the surprising majoritarian reality of religious accommodationism. Further, it explores the important implications of this reality for …

The Once And Future Irrelevancy Of Section 12(G), Usha Rodrigues

Scholarly Works

Among more fundamental reforms, the JOBS ACt of 2012 amended Section 12(g) of the Securities Exchange Act and sought to increase the number of shareholders (from 500 to 2000) that a firm must have before it must make public disclosures. Argument on the floor of Congress focused on the undue burden the provision placed on companies. This Article examines data that invalidates those anecdotal concerns.

Indeed, the data reveal important insights: First, my hand-collected dataset shows that, contrary to public concerns about Section 12(g)'s onerous burdens, it only affects a few firms - (less than three percent of those going …

Return Of The Jrad, Jason A. Cade

Scholarly Works

Ignacio Diaz Aguilar’s felony conviction for document forgery made him a priority for deportation and disqualified him from the possibility of discretionary relief from removal, despite apparently significant equities and mitigating factors. And yet, when Federal District Court Judge Jack B. Weinstein sentenced Mr. Aguilar, he recommended that the government not deport him, even though no legal rules provided him with a route to that result. This essay places Judge Weinstein’s recommendation in a broader context, explaining its importance within the modern deportation regime. Statutory reforms and new agency practices have made criminal history the primary marker of noncitizen undesirability. …

The Establishment Clause, State Action, And Town Of Greece, Nathan Chapman

Scholarly Works

The Establishment Clause forbids the government from engaging in the same religious exercise that the law protects when performed by a private party. Thus, an establishment case often turns on whether religious activity is "state action." Too often, however, courts ignore the state action analysis or merge it with the substantive Establishment Clause analysis. This muddles both doctrines and threatens individual religious liberty.

This Article argues that the state action doctrine should account for the government's distribution of private rights. Accordingly, the Constitution applies to the government's distribution of rights, but not to a private party's use of those rights. …

Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis

Scholarly Works

Researchers focused on the representation of children and attorneys for children have taken great pains to explore issues surrounding the attorney-child client relationship and recommend strategies and policies supporting positive development of the relationship. Notwithstanding the breadth of available information, almost no attention has been aimed at whether attorneys should physically touch their clients. This article fills that gap.

This Article consists of three parts. Part I describes the literature commanding attorneys for children to develop quality relationships with their clients. These works recognize that young clients seek good relationships with their attorneys, but that barriers to creating quality relationships …

The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge

Scholarly Works

This Article offers the first systematic treatment of the relationship between commercial arbitration and testamentary arbitration. (By testamentary arbitration, I mean an arbitration clause contained in a will requiring beneficiaries to resolve differences over the estate by means of an enforceable decision by a private party rather than judicial resolution in a probate court.) Recent scholarship and jurisprudence have questioned the enforceability of these arrangements as incompatible with the requirement of a written "agreement" between parties to the arbitration. Contrary to these views, close examination of the historical record of testamentary arbitration leading to the Federal Arbitration Act's enactment reveals …

Collateral Consequences And The Preventive State, Sandra G. Mayson

Scholarly Works

Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs) — legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence — have relegated that group to permanent second class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should …

Sel In Higher Education, Colleen S. Conley

Psychology: Faculty Publications and Other Works

No abstract provided.

Bus Rapid Transit (Brt) Toolbox: Brt Person Throughput-Vehicle Congestion Tradeoffs, Li Jingquan, H.-S. Jacob Tsao, Ching-Yao Chan, Kun Zhou, Wei-Bin Zhang

Faculty Publications

This report documents a research effort to understand the current practice and issues associated with Bus Rapid Transit (BRT) planning and deployment. It reviewed the design options incorporated into existing BRT deployments across California and the nation. The project team interviewed practitioners of California Department of Transportation (Caltrans) Districts and transit agencies to understand the BRT project approval decision-making process, the impacts of BRT implementation and the Measures of Effectiveness (MOEs) for transit and non-transit system performance. The studies revealed that though Caltrans and transit agencies do use a similar set of MOEs for the evaluation of BRT projects, the …

A General Intuitive Design Pattern For Optimally Sequencing Treatment Combinations In 2k Factorial Experiment And A Simple Estimation Algorithm, H.-S. Jacob Tsao, Minnie Patel

Faculty Publications

The number of model parameters of a 2k factorial design grows exponentially. When the number of factors is large, numerous higher-order interactions constitute a vast majority of the model parameters while many of them do not exist or are insignificant. The classic methods of fractional factorial designs, Plackett–Burman designs, Taguchi designs, etc. seek an already developed and often cataloged design that fits exactly the problem being tackled or select a design that fits it the most. Most, if not all, of these designs were developed in absence of convenient computation tools and enjoy computational simplicity. The necessary number of treatment …

A Critique Of Stephane Savanah’S “Mirror Self-Recognition And Symbol-Mindedness”, Robert Mitchell

EKU Faculty and Staff Scholarship

Stephane Savanah (Savanah Biol Philos 28:657–673, 2013) provides a critique of theories of self-recognition that largely mirrors my own critique (though without recognizing it) that I began publishing two decades ago. In addition, he both misconstrues my kinesthetic-visual matching model of mirror self-recognition (MSR) in multiple ways (though he appears to agree with the actual model), and misconstrues the evidence in the scientific literature on MSR. I describe points of agreement in our thinking about self-recognition, and criticize and rectify inaccuracies.

A Brief Illustrated Chronicle Of Retroactive Copyright Term Extension, Robert Brauneis

GW Law Faculty Publications & Other Works

At least since the Supreme Court’s 2003 decision in Eldred v. Ashcroft, it has been widely known that whenever Congress has extended copyright term, it has done so retroactively, granting the benefit of the extension to all works still under copyright on the effective date of the extension. However, I have never found succinct, complete tables and charts detailing the periods during which works received various copyright terms given the retroactive effect of all extension legislation. It is the modest aim of this article to provide that information, and to provide some examples of the operation of retroactive term extension. …