Digital Commons Network^™

Missing The “Target”: Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah A. Yearby

All Faculty Scholarship

Nearly everyone has experienced a burn and the resulting pain. Now imagine that you suffer a third-degree radiation burn that injures all the layers of your skin as well as the tissue, causing you extreme pain. . The burn turns your skin white, cherry red, or black and may produce blisters that are dry, hard, and leathery-looking. The burn can also be seen on the surface of your lungs and gastrointestinal tract. If the burn is big enough you will need skin grafts and surgery to replace the skin and tissue that will never grow back, as well as treatment …

Importance Of State Law In Police Reform, Roger L. Goldman

All Faculty Scholarship

Most articles on police reform concern the role of federal courts in enforcing constitutional rights under the fourth, fifth and sixth amendments through application of the exclusionary rule, criminal prosecution of law enforcement officers and pattern and practice suits brought against police departments. Additionally, much has been written about the need for civilian review of departmental discipline at the local level. In contrast, the focus of this article is on state law. On the one hand, state criminal prosecution of officers involved in shootings of unarmed, Black suspects has been shown to be ineffective because of the unwillingness of prosecutors …

Public Wrongs And Public Reason, Chad Flanders

All Faculty Scholarship

The distinction between crimes that involve wrongs in themselves and crimes that are wrong because the law makes them so has long puzzled theorists. This essay argues that the distinction, while getting at something real, is based on a mistake. That mistake is made both by those who see moral wrongness as a necessary condition for criminality and by those who believe merely making something illegal is sufficient to make it criminal. Neither is correct. Rather, what makes something a criminal wrong is that it involves a violation of a law that has been justified in terms of “public reason.”

Synthesis And Properties Of Bisimidazolium And Poly(Ethylene Glycol)-Containing Michael Addition Polyester Networks, Joshua Allan Dippie

Murray State Theses and Dissertations

Poly(ionic liquid)s (PILs) have been examined in recent years for applications in various technologies, including solid-state lithium ion batteries and gas separation membranes. In this work, a series of bisimidazolium-containing, Michael addition donors were synthesized and used to produce a series of covalently crosslinked PIL polyester networks containing bis(trifluoromethylsulfonyl)imide as the counteranion. Within the series, the length of alkyl spacer between the two imidazolium cations and the diacrylate to acetoacetate monomer ratio were varied in an attempt to correlate structural variations with the thermal, mechanical, and conductive properties of the PILs. Keeping the diacrylate to acetoacetate ratio constant, increasing the …

The Relationship Of Impulsivity To Eating Behaviors And Alcohol Consumption, Megan J. Newkirk

Murray State Theses and Dissertations

Abstract

Previous research has discovered a significant relationship between problematic eating disorder behaviors and alcohol consumption among women. Within this relationship, past studies have found that impulsivity significantly influences the correlation between these behaviors. The primary aim of the present study was to determine if impulsivity influences the relationship between bingeing behavior and alcohol consumption as well as the relationship between purging behavior and alcohol consumption while using a behavioral measure for impulsivity. Participants included 62 undergraduate females who were recruited from Murray State University. The results indicated that there was not a significant correlation between bingeing behavior and alcohol …

The Health Exception, Monica E. Eppinger

All Faculty Scholarship

The abortion doctrine laid out in Roe v. Wade permits a procedure necessary to preserve the life or the health of the pregnant woman, setting out what has come to be called the “life exception” and the “health exception.” This Article investigates the background and antecedents of the health exception, identifying three periods of formation and change up to the drafting of the Model Penal Code in 1959. It argues that theories of health lie at the heart of legal doctrine, shaping common-law treatment of abortion and persisting in nineteenth- and twentieth-century statutes. This account reveals origins of a health …

Old Testament Principles Relevant To Consensual Homoerotic Activity—Part 3, Roy E. Gane

Faculty Publications

No abstract provided.

Citation Pattern In Ph.D. Theses In The Field Of Philosophy: A Study Of Panjab University, Chandigarh, Preeti Mahajan, Anil Saini

Library Philosophy and Practice (e-journal)

Abstract

The present study is based on the 8223 citations appended in the 26 doctoral theses of Philosophy submitted to Panjab University, Chandigarh, for the award of doctoral degree during 2002-2012. The main purpose of this study was to investigate authorship pattern of the citations, type and form of literature cited, and to compile a ranked list of journals in Philosophy. The study revealed that books were the most preferred sources of information used by the researchers in the field of Philosophy accounting for 40.67% of total citations, followed by journals with 17.99% citations. Badford’s law of scattering was used …

Assessment Of Collection Development Practices: The Case Of Valley View University Library, Ghana., Samuel Ameyaw, Florence Entsua- Mensah,

Library Philosophy and Practice (e-journal)

The focus of this study was on collection development practices at Valley View University (VVU) Library in Ghana. The study was set out to find out if there exists a collection development policy at VVU library. The population of the study was stratified into two main categories namely users of the library and the library staff .In selecting the students, simple random sampling technique was employed to select the students from four departments out of seven. The total population for both library staff and faculty members were used. Therefore sample size for the study was three hundred and two (302) …

The Impact Of Imago Dei On Thinking About Portrait Photography, Neil Craigan

All Electronic Theses and Dissertations

The problem this project addressed was the relationship between the imago Dei and the work of photographers in the field of portrait photography. This created a strong vocational emphasis for the project in light of which the researcher explored the theological and biblical data on the imago Dei, examined the connection between being an image bearer and an image creator of the image bearer, discussed the nature of photography, developing a philosophy and broad understanding of the portrait and the value people attach to it. The field research was qualitative in its approach and professional photographers were interviewed regarding their …

Yuli's Story: Using Educational Policy To Achieve Cultural Genocide, Katrina Johnson Leon

University of the Pacific Theses and Dissertations

All children residing in the United States have the right to a quality education. At least that is our collective expectation. Through the lived experience of Yuli, a Native American woman from the Southwest, you will discover, due to her birth on a remote reservation, she was not given the same access to education you or I would expect. On Yuli’s reservation, the school system is managed by the Bureau of Indian Education (BIE). Rather than provide K-12 schooling, the BIE operates K-8 on her reservation and then Native youth who want to go to high school must move off-reservation. …

Compliance Calendar/Logbook For Bulk Gasoline Plants: Less That 19,999 Gallons/Day Throughput, Iowa Waste Reduction Center

Iowa Waste Reduction Center Book Gallery

EPA has requirements for Gasoline Distribution Bulk Terminals, Bulk Gasoline Plants and Pipeline Facilities under 40 CFR Part 63 Subpart BBBBBB (NESHAP 6B) to reduce air pollution. This calendar has been developed to assist Bulk Gasoline Plants in complying with NESHAP 6B. Additional Iowa specific NESHAP 6B rules are discussed later.

The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp

Vanderbilt Journal of Transnational Law

The World Trade Organization (WTO) stands at the center of an emerging structure of global economic governance. Its rules affect important aspects of everyone's lives--how much people pay for the products that they purchase, what types of employment are open to them, and which medicines they can access. And yet, while the WTO was conceived as a "negotiating machine" that would develop rules in sync with an increasingly dynamic global economy, negotiations on a new set of global trade rules have now been deadlocked for over a decade. This impasse is all the more surprising in light of the fact …

Response: "Quid," Not "Quantum": A Comment On "How The International Criminal Court Threatens Treaty Norms", Roger O'Keefe

Vanderbilt Journal of Transnational Law

Mike Newton's article performs a considerable service in reminding the reader of some incontrovertible tenets of the law of international organizations (loosely so called in the case of an organ like the ICC) and of the law of treaties. First, the ICC is competent to exercise only that power vested in it by the States Parties to its Statute. In turn, the States Parties are not competent to transfer to the Court a power that they do not possess. "Nemo plus iuris transferre potest quam ipse habet," as Cicero may or may not have put it. Secondly, a treaty may …

Riding A "Friendly Elephant"? How African Nations Can Make The Best Of Economic Partnership With China, Austin Campbell

Vanderbilt Journal of Transnational Law

Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have taken to mitigate any costs of Chinese involvement. At least in Nigeria and South Africa, the concrete benefits of Chinese trade and investment appear to outweigh the uncertain costs. However, legal protections adopted to reduce these costs are likely still inadequate. Given significant barriers to …

Sharing And The City, Michele Finck, Sofia Ranchordas

Vanderbilt Journal of Transnational Law

The sharing of public infrastructure, the exchange of small services, and the traditional "cup of sugar borrowed from the neighbor" are practices intrinsic to most urban agglomerations. In the digital age, these sharing initiatives are facilitated by online platforms such as Feastly, Peerby, and HomeExchange. These platforms allow city residents to share the idle capacity of some of their assets (e.g., clothing, tools, or a spare bedroom) with other residents living in close proximity to them, or with tourists looking for accommodation. While these practices can be justified by efficiency and sustainability concerns, some of them appear to be in …

Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna

Vanderbilt Journal of Transnational Law

Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …

Minimally Democratic Administrative Law, Jud Mathews

Faculty Scholarship

A persistent challenge for the American administrative state is reconciling the vast powers of unelected agencies with our commitment to government by the people. Many features of contemporary administrative law — from the right to participate in agency processes, to the reason-giving requirements on agencies, to the presidential review of rulemaking — have been justified, at least in part, as means to square the realities of agency power with our democratic commitments. At the root of any such effort there lies a theory of democracy, whether fully articulated or only implicit: some conception of what democracy is about, and what …

Zero Rating And The Holy Grail: Universal Standards For Net Neutrality, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

This chapter challenges the prevailing consensus among most academics, activists and policymakers that uniform normative definitions and standards for net neutrality and zero-rating – the Holy Grail of policymaking - do not yet exist. But it turns out the Holy Grail does exist. Using examples drawn from ongoing experiences in Latin America, I demonstrate that the existing international human rights law framework is an appropriate and adequate source for uniform universal standards on net neutrality. Using case studies from Mexico, Colombia, and Chile, I show how the application of relevant human rights standards contributes to effectively implementing and protecting net …

Having Your Cake And Eating It Too? Zero-Rating, Net Neutrality And International Law, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

This Article analyzes the international law response to the zero-rating conundrum. National debates rage across the globe on whether to permit zero-rating, which violates net neutrality, as a means of increasing connectivity, especially in the developing world. As a rule, these highly contentious discussions lack rigor, objectivity, and impact. They are characterized by a clash of dogmas: the sanctity of net neutrality principles, on the one hand, versus the imperative to close the digital divide, on the other. This Article seeks to bridge that dichotomy by invoking the applicable international law framework to analyze zero-rating as a limitation on net …

International Protection Of Free Trade In Procurement Under Nafta’S Chapter 10 On Public Procurement: The Pathway From Nafta To Wto Government Procurement Agreement To A Potential European-Us Transatlantic Trade And Investment Partnership, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The North American Free Trade Agreement (NAFTA), which entered into force on 1 January 1994, is an agreement between Mexico, Canada and the United States to ensure that covered goods and services fall under a comprehensive free trade agreement among the three countries. NAFTA included, in Chapter 10, provisions opening up many aspects of the parties’ procurement markets. As a practical matter, however, NAFTA’s procurement-related provisions have largely been overshadowed by the World Trade Organization (WTO) Agreement on Government Procurement (GPA), which includes the United States, Canada, and many other member parties, but not Mexico. Perhaps in part because Canada …

Arnold Michael Shankman Papers - Accession 259, Arnold Michael Shankman

Manuscript Collection

The Arnold Shankman Papers are a treasure trove of historical research in a variety of areas. Within the American Civil War era, Shankman had extensively researched the “copperhead” movement of northern opposition to the war and was an expert on one of its leading members, Clement Vallandigham. Pursuing his interest in ethnic history, Dr. Shankman was a pioneer in the study of how ethnic and immigrant groups viewed each other. For example, he was one of the first to use early African-American newspapers to determine the views of blacks toward Italian immigrants and other groups. Shankman also was singularly instrumental …

Awareness And Use Of Opac By Distance Learners: The Case Of The Open University Of Tanzania, Nelson Msagati

Library Philosophy and Practice (e-journal)

The survey aims to investigate the use of Online Public Access Catalogue (OPAC) among distance learners of the Open University of Tanzania. A descriptive research design has been adopted in the study. Stratified random sampling method was used to select randomly 300 distance learners. A structured questionnaire was developed and distributed randomly to 300 distance learners including undergraduate and postgraduate students. A total of 230 (76.67 percent) completed filled in questionnaires were returned back from the distance learners for analysis. Despite OPAC being the most effective information retrieval tool and of particular ideal for distance learners, findings of this study …

Insurrection, Not Inclusion: Education And The Right To The City In Occupied Palestine, Derek R. Ford, Laura Jordan Jaffee

Education Studies Faculty publications

Critical educational theorists have recently begun to take up the notion of the ‘right to the city’ to understand and resist neoliberal attacks on education in the U.S. This process, however, has thus far not attended to the important debates taking place around what the right to the city actually is. In this paper we tease out the complexities that arise from these debates by turning to the colonization of Palestine and Palestinian resistance to colonization. We ultimately argue that the right to the city has to be conceived of in internationalist and anti-imperialist terms, lest movements for the city …

The Influence Of Guilt Cognitions On Taxpayers’ Voluntary Disclosures, Jonathan Farrar, Cass Hausserman, Paul Dunn

Business Faculty Publications and Presentations

Guilt is a powerful emotion that is known to influence ethical decision-making. Nevertheless, the role of guilt cognitions in influencing restorative behaviour following an unethical action is not well understood. Guilt cognitions are interrelated beliefs about an individual’s role in a negative event. We experimentally investigate the joint impact of three guilt cognitions – responsibility for a decision, justification for a decision, and foreseeability of consequences – on a taxpayer’s decision to make a tax amnesty disclosure. Tax amnesties encourage delinquent taxpayers to self-correct to avoid severe penalties that would result if their tax evasion were discovered. Our findings suggest …

Antecedents And Consequences Of Procedural Fairness Perceptions In Personnel Selection: A Three-Year Longitudinal Study, Udo Konradt, Yvonne Garbers, Martina Böge, Berrin Erdogan, Talya N. Bauer

Business Faculty Publications and Presentations

Drawing on Gilliland’s (1993) selection fairness framework, we examined antecedents and behavioral effects of applicant procedural fairness perceptions before, during, and after a personnel selection procedure using a six-wave longitudinal research design. Results showed that both perceived post-test fairness and pre-feedback fairness perceptions are related to job offer acceptance and job performance after 18 months, but not to job performance after 36 months. Pre-test and post-test procedural fairness perceptions were mainly related to formal characteristics and interpersonal treatment, whereas pre-feedback fairness perceptions were related to formal characteristics and explanations. The impact of fairness attributes of formal characteristics and interpersonal treatment …

Friends Of The Children: Strategies For Scaling Impact, Jacen Greene, Nicki Yechin Lee, Eric Nelsen

Business Faculty Publications and Presentations

Friends of the Children, a nonprofit organization in Portland, Oregon, was founded in 1993 by retired entrepreneur Duncan Campbell to serve youth at the highest risk of teen parenting, incarceration, or dropping out of school. Each youth client was matched with a paid mentor from first grade through the end of high school. The costs of this intervention were high, but the outcomes were extremely impressive in each of the three risk areas. The total benefits to society of Friends of the Children’s intervention was estimated at $7 for every $1 spent on the program.

In the United States alone, …

Shining A Light On Shadow Money, John Crawford, Stanley Onyeador

Vanderbilt Law Review

No abstract provided.

Is Erie Normal, Michael S. Greve

Vanderbilt Law Review

No abstract provided.

Delaware Chancery Disqualifies Lead Petitioners In Dell Appraisal Who Inadvertently Voted For Management Buyout, Robert S. Reder

Vanderbilt Law Review

No abstract provided.