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2015

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Putting The Rabbit Back In The Hat: Noel Canning's Impact On Eighteen Months Of Nlrb Decisions And Future Presidential Appointments, Paul Kind Jan 2015

Putting The Rabbit Back In The Hat: Noel Canning's Impact On Eighteen Months Of Nlrb Decisions And Future Presidential Appointments, Paul Kind

Loyola of Los Angeles Law Review

No abstract provided.


Harris V. Quinn And The Contradictions Of Compelled Speech, Catherine L. Fisk, Margaux Poueymirou Jan 2015

Harris V. Quinn And The Contradictions Of Compelled Speech, Catherine L. Fisk, Margaux Poueymirou

Loyola of Los Angeles Law Review

In Harris v. Quinn, the Supreme Court held that unionized homecare workers have a First Amendment right to refuse to pay their fair share of the cost of services that the union is statutorily required to provide. The Court thus transformed what had been a legislative debate about “right-to-work” laws, which about half of states have adopted, into a constitutional requirement for one narrow category of public sector employees. The problem with transforming this policy argument into a First Amendment requirement is that treating fair-share or agency-fee payments to a union as compelled speech raises First Amendment rights of …


Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner Jan 2015

Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner

Loyola of Los Angeles Law Review

In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.

The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …


Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham Jan 2015

Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham

Loyola of Los Angeles Law Review

During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …


A Hole In The Plastic Bag: Identifying And Closing The Loophole In The California Environmental Quality Act, Scott Menger Jan 2015

A Hole In The Plastic Bag: Identifying And Closing The Loophole In The California Environmental Quality Act, Scott Menger

Loyola of Los Angeles Law Review

No abstract provided.


Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein Jan 2015

Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein

Loyola of Los Angeles Law Review

No abstract provided.


Forum By Coin Flip: A Random Allocation Model For Jurisdictional Overlap, Ori Aronson Jan 2015

Forum By Coin Flip: A Random Allocation Model For Jurisdictional Overlap, Ori Aronson

Seton Hall Law Review

No abstract provided.


Deferring Clarity: Qualified Immunity Of Federal Officials From Suits Filed By American Citizens Alleging Torture, Chelsea Anne Perdue Jan 2015

Deferring Clarity: Qualified Immunity Of Federal Officials From Suits Filed By American Citizens Alleging Torture, Chelsea Anne Perdue

Seton Hall Law Review

No abstract provided.


Examining The Role Of Active Student Engagement In High School Arts Courses, Athena Irene Nichols Jan 2015

Examining The Role Of Active Student Engagement In High School Arts Courses, Athena Irene Nichols

Walden Dissertations and Doctoral Studies

A primary challenge to educators is the design and implementation of effective student engagement processes. High school students cannot be successful if they are frequently absent from school, as active engagement opportunities reinforce knowledge and help to keep students enthused in their learning. To address the challenges of frequent school absences, this study examined a gap in the literature--namely, the relationship between active engagement and arts courses as a motivator for students to remain in high school. For this study, active engagement was defined as a process in which the student's interests, efforts, and knowledge culminated in an application of …


General Education Diploma Students' Familial Attachment Experiences Influencing Premature High School Departure, Tonya Suzanne Wright-Stone Jan 2015

General Education Diploma Students' Familial Attachment Experiences Influencing Premature High School Departure, Tonya Suzanne Wright-Stone

Walden Dissertations and Doctoral Studies

Lowered academic achievement and premature departure from high school continue to plague the educational system, creating the need for greater insight into experiences affecting students' classroom performance. Much is known about academic achievement; however, less research has focused on the role of familial attachment on premature departure from high school. Guided by attachment theory, the purpose of this interpretative phenomenological study was to gain insight into General Education Diploma (GED) students' familial attachment experiences influencing premature departure from high school. The research questions focused on GED students' primary caregiver and educational experiences. Participants (n = 14) consisted of current or …


Attachment Style, Leadership Behavior, And Perceptions Of Leader Effectiveness In Academic Management, Rehema Underwood Jan 2015

Attachment Style, Leadership Behavior, And Perceptions Of Leader Effectiveness In Academic Management, Rehema Underwood

Walden Dissertations and Doctoral Studies

Organizational effectiveness is related to both effective leadership styles and to having leaders with secure attachment styles. Transformational and charismatic leaders often have secure attachment styles. However, the relationships between insecure attachment styles and leadership styles remain unclear. The purpose of this study was to examine whether insecure attachment in leaders (fearful, preoccupied, and dismissing attachment styles) is related to transformational, charismatic, transactional, and laissez faire leadership. A quantitative, non experimental approach was taken in this study. Participants included those in leadership positions (college deans, chairpersons, and provosts) (n = 18) and instructors (subordinates) (n = 36) from local community …


Exploring Strategies For Retaining Information Technology Professionals: A Case Study, Shannon J. Thomas Jan 2015

Exploring Strategies For Retaining Information Technology Professionals: A Case Study, Shannon J. Thomas

Walden Dissertations and Doctoral Studies

In the 21st century, retaining information technology (IT) professionals is critical to a company's productivity and overall success. Senior IT leaders need effective strategies to retain skilled IT professionals. Guided by the general systems theory and the transformational leadership theory, the purpose of this qualitative exploratory case study was to explore the retention strategies used by 2 senior IT leaders in Atlanta, Georgia to retain IT professionals. Semistructured interviews were employed to elicit detailed narratives from these IT leaders on their experiences in retaining IT professionals. A review of company documents, as well as member-checking of initial interview transcripts, helped …


The Impact Of Implementing Bedside Report To Transition Patients Across Units, Tonya Johnson Jan 2015

The Impact Of Implementing Bedside Report To Transition Patients Across Units, Tonya Johnson

Walden Dissertations and Doctoral Studies

Evidence supports bedside report as a mechanism to improve communication, patient safety, quality of report, and nurse and patient satisfaction when implemented in a closed unit. The purpose of this project was to examine the impact of implementing a bedside report process to transition patients from the emergency department to a medical-surgical unit. Specifically, the goal was to analyze the impact of a bedside- reporting process on patient progression and on nurse and patient satisfaction. Lewin's change model provided the theoretical framework for this quasi-experimental study. Patient progression data consisted of 706 patient transitions from the emergency department to the …


Clinical Significance Of Response Shift In A Spine Interventional Clinical Trial, Robin Carlson Jan 2015

Clinical Significance Of Response Shift In A Spine Interventional Clinical Trial, Robin Carlson

Walden Dissertations and Doctoral Studies

The effectiveness of treatments for degenerative spine conditions, where the primary symptom is back pain, is typically determined using patient-reported quality of life (QoL) measures. However, patients may adjust their internal standards when scoring QoL based on factors other than their health. This response shift phenomenon could confound the interpretation of study data and impact effectiveness conclusions. In the current study, response shift was examined using structural equation modeling (SEM) and previously collected clinical trial data comparing 2 minimally invasive medical devices in lumbar spinal stenosis patients through 1 year postintervention. In subject QoL results, reprioritization shift between 3 months …


Interactions Between Patterns Of Gamer Behaviors And Time-On-Task For Mathematics Remediation In A Game-Based Hive, Marvin Gene Fuller Jan 2015

Interactions Between Patterns Of Gamer Behaviors And Time-On-Task For Mathematics Remediation In A Game-Based Hive, Marvin Gene Fuller

Walden Dissertations and Doctoral Studies

As the presence of digital game-based learning increases in United States classrooms, understanding their impact on achievement is critical. Digital games for learning offer many potential benefits, including reducing the number of students trapped in a remediation cycle, a contributor to college dropout. Despite the recognized potential of game-based learning, few researchers have explored the relationships between specific patterns of behaviors and types of digital game-based learning environments. The underlying theory for this study was patterns of gamer behaviors may predict in-game behaviors. Archival, third-party data regarding The Lost Function - Episode 1: Sum of the Forgotten Minds by Advanced …


Neighborhood Risks And Resources Correlated With Rates Of Successful Reentry Of Youth Returning From Detention Centers In Massachusetts, Nokuthula Sibanda Jan 2015

Neighborhood Risks And Resources Correlated With Rates Of Successful Reentry Of Youth Returning From Detention Centers In Massachusetts, Nokuthula Sibanda

Walden Dissertations and Doctoral Studies

Youth delinquency is a major social problem in the United States with approximately 29% of youths aged 18 to 21 reoffending within the first year of release in Massachusetts. Given the amount of state resources used for youth corrections, the factors that encourage the youth to reoffend become important to understand. The purpose of this quantitative, cross-sectional correlational study was to examine whether community and environmental risks and resources are related with successful reentry of youth returning from detention centers in Massachusetts. Using the collective efficacy and routine activities theory to explain the motivations to reoffend, the study sought to …


The Effect Of Bullying Prevention Programs On The Perceptions Of Bullying Among Female Youth, Karen Tokarick Jan 2015

The Effect Of Bullying Prevention Programs On The Perceptions Of Bullying Among Female Youth, Karen Tokarick

Walden Dissertations and Doctoral Studies

Bullying has become a widespread social issue. Previous research has focused on both genders and various grade levels; it has shown that programs reduce bullying and improve social climates and attitudes toward academics. The effect of these programs, specifically on female youth, has not been studied. This study addressed the effect of bullying prevention programs on perceptions of bullying among female youth in Grades 5-7 in 2 schools in rural eastern Pennsylvania. One school utilized a prevention program while the other did not. Teachers and administrators were also interviewed to gain insight regarding their perceived effectiveness of the program. The …


A Phenomenological Study Of Female Gender Inequality In The Defense Industry, Erica Helaine Woods Jan 2015

A Phenomenological Study Of Female Gender Inequality In The Defense Industry, Erica Helaine Woods

Walden Dissertations and Doctoral Studies

Despite advances made during the women's movement, gender inequality is a problem for women seeking leadership opportunities within the U.S. Defense Industry today. The purpose of this phenomenological study was to understand the perceptions of civilian females who had experienced gender inequality obstacles in their professional advancement opportunities within the U.S. Defense Industry. The mommy track framework, defined as the family/work imbalance; the gatekeeper framework; and the institutional sexism framework were used to guide this study. The research questions focused on how these women perceived both internal and external barriers to their professional advancement in the U.S. Defense Industry. A …


Current Capacity Building Needs Of Occupational Therapists Related To Older Driver Screening, Assessment, And Intervention, Ranyouri Hines Senia Jan 2015

Current Capacity Building Needs Of Occupational Therapists Related To Older Driver Screening, Assessment, And Intervention, Ranyouri Hines Senia

Walden Dissertations and Doctoral Studies

Older adult safe driving is a growing public health issue; however, the skill set of occupational therapists that provide services to these older clients is unclear. The extent to which occupational therapists possess the skills to evaluate an elderly person's ability to operate safely an automobile is unclear. Therefore, the purpose of this quantitative, cross-sectional survey was to determine the current capacity building needs of occupational therapists (OT) related to older driver screening, assessment, and intervention. The ecology of human performance framework was the theoretical base of the study. The independent variables were the OTs' training related to older drivers, …


Communication Constructs That Influence Information Technology Project Failure, Vanessa Lajuan Ruth Mackey Jan 2015

Communication Constructs That Influence Information Technology Project Failure, Vanessa Lajuan Ruth Mackey

Walden Dissertations and Doctoral Studies

Ineffective communication behavioral constructs in the workplace that lead to information technology (IT) project failure and in some cases organization failure are increasingly becoming a management concern. Despite this trend, there is little research on the communication behavioral constructs that contribute to IT project failure rates. The purpose of this phenomenological study was to explore the lived experiences of business analysts, programmers, and programmer analysts pertaining to the behavioral constructs associated with effective and ineffective communication. The research questions addressed these behaviors from a conceptual framework based on communication theory, organizational information processing theory, and critical social theory. This framework …


Teacher Perceptions Of Elementary Children's Internalizing Symptoms When Experiencing Parental Wartime Military Deployment, Letitia Henson Jan 2015

Teacher Perceptions Of Elementary Children's Internalizing Symptoms When Experiencing Parental Wartime Military Deployment, Letitia Henson

Walden Dissertations and Doctoral Studies

Military wartime deployment of parents has a powerful and potentially damaging impact on their young children. As tours lengthen and deployments of military parents become more frequent, the possible negative effects on the children increase proportionally. This quantitative, comparative study evaluated internalizing symptoms among 220 young children who had a parent currently on military deployment and a parent who returned from military deployment compared to a control group of same age peers whose parents were nonmilitary. Using the theoretical frameworks of attachment theory and ambiguous loss theory, the study investigated 3 internalizing symptoms: Anxiety/Depressed, Withdrawn/Depressed behaviors, and Somatic Complaints among …


Contextual Factor Profiling: Teacher-Created Classroom Website Design In Texas High Schools, Carolynn Mortensen Jan 2015

Contextual Factor Profiling: Teacher-Created Classroom Website Design In Texas High Schools, Carolynn Mortensen

Walden Dissertations and Doctoral Studies

With increasing student access to technology and the Internet, Texas school districts have invested in content management systems (CMS), improved technology infrastructure, and professional development with little research available about best practices and current use of class websites. Using the technological pedagogical content knowledge (TPACK) framework, this study investigated how contextual factors predicted the number of website components related to the teacher information, communication, classroom management, and teaching content section of a class website designed by a Texas high school teacher. This quantitative, predictive correlational research design included data collected from a proportional allocation of 191 Texas high school teacher …


Reading Specialist's Perceptions And Role In Implementing Response To Intervention, Twyla Heindl Jan 2015

Reading Specialist's Perceptions And Role In Implementing Response To Intervention, Twyla Heindl

Walden Dissertations and Doctoral Studies

The roles of reading specialists differ from campus to campus throughout the study site due to varied implementations of Response to Intervention (RTI). To ensure that students were receiving consistent interventions based on their needs, the site needed to examine how and when instructional services were delivered to struggling students, as well as the role of the reading specialist in the process. The purpose of this qualitative case study was to explore the perceptions, experiences, and roles of reading specialists as the RTI framework was implemented at the elementary school level. This study was guided by Vygotsky's social constructivist learning …


Modular Timing Constraints For Delay-Insensitive Systems, Hoon Park, Anping He, Marly Roncken, Xiaoyu Song, Ivan Sutherland Jan 2015

Modular Timing Constraints For Delay-Insensitive Systems, Hoon Park, Anping He, Marly Roncken, Xiaoyu Song, Ivan Sutherland

Electrical and Computer Engineering Faculty Publications and Presentations

This paper introduces ARCtimer, a framework for modeling, generating, verifying, and enforcing timing constraints for individual self-timed handshake components. The constraints guarantee that the component’s gate-level circuit implementation obeys the component’s handshake protocol specification. Because the handshake protocols are delayinsensitive, self-timed systems built using ARCtimer-verified components are also delay-insensitive. By carefully considering time locally, we can ignore time globally. ARCtimer comes early in the design process as part of building a library of verified components for later system use. The library also stores static timing analysis (STA) code to validate and enforce the component’s constraints in any self-timed system built …


Learning Styles Across Cultures, Mai P. Trinh, David A. Kolb Jan 2015

Learning Styles Across Cultures, Mai P. Trinh, David A. Kolb

Management Faculty Publications

No abstract provided.


Success Factors Of Veteran-Owned Small Businesses, Kenneth Joseph Chamberland Jan 2015

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. …


Third-Degree Family Health History And Perception Of Disease Risk, Liana Carrasco Romero Jan 2015

Third-Degree Family Health History And Perception Of Disease Risk, Liana Carrasco Romero

Walden Dissertations and Doctoral Studies

Chronic diseases are a significant cause of illness and mortality in the United States. Hereditary predisposition to chronic diseases is a useful indicator for identifying people at risk for disease development. An ideal tool for determining this predisposition is the CDC, NIH, and AAFP recommended third-degree family health history (FHH). The aim of this quantitative, cross-sectional study, based on the theoretical frameworks of social constructivism and the health belief model, was to assess the possible influence between the completed third-degree FHH and the participant's perception of disease risk. Two-hundred seventy-three participants were recruited from health care facilities and from the …


Re-Visiting The Field: Collaborative Archaeology As Paradigm Shift, Patricia A. Mcanany, Sarah M. Rowe Jan 2015

Re-Visiting The Field: Collaborative Archaeology As Paradigm Shift, Patricia A. Mcanany, Sarah M. Rowe

Anthropology Faculty Publications

The emphasis of the JFA on field methods resonates strongly with current disciplinary interest in multivocality and participatory research. In this new epistemology of inclusiveness, communities play an active role in the production of archaeological knowledge as well as in the conservation of cultural heritage. From the perspective of archaeologists trained in the U.S. who conduct research in Latin America, we historicize changes in the triadic relationship among archaeologists, contemporary communities, and things of the past. This examination focuses on the evolving social context of archaeological practice. The social milieu within which archaeology is conducted is explored further by reference …


Limits On Exporting Corporate Social Responsibility Through Domestic Regulation, Kenneth M. Rosen Jan 2015

Limits On Exporting Corporate Social Responsibility Through Domestic Regulation, Kenneth M. Rosen

Articles

No abstract provided.


Randomized Controlled Trial Comparing Orthosis Augmented By Either Stretching Or Stretching And Strengthening For Stage Ii Tibialis Posterior Tendon Dysfunction, Jeff Houck, Christopher Neville, Josh Tome, Adolph Flemister Jan 2015

Randomized Controlled Trial Comparing Orthosis Augmented By Either Stretching Or Stretching And Strengthening For Stage Ii Tibialis Posterior Tendon Dysfunction, Jeff Houck, Christopher Neville, Josh Tome, Adolph Flemister

Faculty Publications - College of Physical Therapy

Background: The value of strengthening and stretching exercises combined with orthosis treatment in a home-based program has not been evaluated. The purpose of this study was to compare the effects of augmenting orthosis treatment with either stretching or a combination of stretching and strengthening in participants with stage II tibialis posterior tendon dysfunction (TPTD).

Methods: Participants included 39 patients with stage II TPTD who were recruited from a medical center and then randomly assigned to a strengthening or stretching treatment group. Excluding 3 dropouts, there were 19 participants in the strengthening group and 17 in the stretching group. The stretching …