Digital Commons Network^™

The Contested Value Of Normative Legal Scholarship, Robin West

Georgetown Law Faculty Publications and Other Works

Legal scholarship, under attack from critics both inside and outside the legal academy, is on the horns of a “normativity” dilemma. To some critics, legal scholarship isn’t scholarship, because it’s too normative; while to others, it may be scholarship, but it’s not legal because it’s not normative enough.

In this article, I address one side of this issue, what I call the anti-normativity complaint: to wit, that legal scholarship is somehow not “true scholarship” because so much of it is overtly normative. Legal scholarship, according to this strand of criticism, isn’t true scholarship because of the dominance of “ought” …

Evaluation Of Marzano’S Instructional-Strategies Program At A Southeastern Elementary School, Renee B. Evans

Theses and Dissertations

The purpose of this applied dissertation was to evaluate an instructional-strategies program implemented at a southeastern elementary school. The program was implemented with the intent to increase teacher effectiveness, thereby impacting student achievement. The evaluation sought to determine if the strategies were implemented as designed and the impact and effectiveness of the program. The research also sought to determine what strategies should be sustained and any unanticipated effects.

The Stufflebeam program-evaluation model was used to guide the research. Only the process and product evaluation types were used. The school’s principal and district’s instructional coach were interviewed, and 40 of 48 …

Characteristics Of Adult General Education Learners And Courses: A Correlational Study On The Elements Of Success, Daniel Jennings Stackhouse

Theses and Dissertations

The purpose of this study was to determine if a correlation exists among characteristics common to successful adult career and technical students in the traditional classroom setting, the online mode of instruction, and a hybrid of the traditional and distance mode of instructional delivery. A gap in the literature exists, resulting in a lack of knowledge specific to the reasons for success or failure of these adult career and technical students, specifically in relation to mode of instructional delivery: traditional classroom, online, or a hybrid of both.

This study is a quantitative correlation study of explanatory and predictive design using …

The Effectiveness Of A Computer-Based Program On The Reading Performance Of Fourth-Grade Students, Latonya L. Cooper

Theses and Dissertations

The intent of this applied dissertation was to determine whether a reading intervention of a computer-based program would increase the reading comprehension and vocabulary skills of students in fourth grade in a Title I elementary school. Although the No Child Left Behind Act (NCLB) covers various federal education programs, the law’s requirements for testing, accountability, and school improvement receive the most attention. NCLB requires states to test students in reading and mathematics annually in Grades 3-8 and once in Grades 10-12. Schools must test students in science once in Grades 3-5, 6-8, and 10-12. Individual schools, school districts, and states …

Librarians’ Use Of Instructional Design Methods In Creating Information Literacy Instruction, Michael W. Wilson

Theses and Dissertations

The purpose of this sequential explanatory mixed methods study was to determine whether instruction librarians in the United States and Canada were using instructional design (ID) methods, and to identify potential explanations for their adoption or rejection of those methods. The theory of planned behavior (Ajzen, 1985) served as the theoretical framework for the study. Research questions examined the relationship between respondents’ reported use of ID methods and the following factors: (a) behavioral, normative, and control beliefs, (b) demographic factors, and (c) professional identity as teachers. A survey adapted from Ajjan and Hartshorne (2008) and from Julien and Genuis (2011) …

Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment, Joelle A. Moreno

Faculty Publications

No abstract provided.

Graduate Survey, 2015-2016, Hart Career Center, Illinois Wesleyan University

First Destination Survey

No abstract provided.

Growing Up In Junction City, Oregon. A Memoir., Lois Christiansen Eagleton

The Bridge

I grew up in a Danish world in America. It seemed that all of my relatives and most of our family friends were Danes. Though my parents did not speak much Danish at home, mainly because their families had come from different parts of Denmark and they could not agree on pronunciation, I learned when I went to college that I had a few Danish words in my vocabulary that I had no idea were not English.

Editorial Statement

The Bridge

No abstract provided.

Selected Poems By Emil Aarestrup

The Bridge

The name of the Danish physician and poet Emil Aarestrup is associated with sensual, erotic poetry in which a sharp, anatomical eye for the beauty of the human body is joined with a profound narrative about love in a single embrace. In Aarestrup’s works the body comes alive. His erotic gaze is ever-present as a layer of desire in his work, just as his sense of the all-inclusive joy of the embrace conceptualizes pleasure of an explosive and outrageous kind. This was incompatible with the puritanical petit-bourgeois self-restraint and human isolation of the period in which he wrote. This celebration …

Book Reviews

The Bridge

No abstract provided.

I, The Unreliable, Rigoberta Menchu, Rebecca Anderson '19

Outstanding Gateway Papers

There have been many discrepancies regarding the credibility of the book I, Rigoberta Menchu. In the so-called “autobiography” Menchu describes the mass destruction, misery, violence, and oppression towards the indigenous Guatemalan people during the Guatemalan civil war. However, according to research done by anthropologist David Stoll, there is an abundance of inconsistencies and exaggerations in this story. Due to the potential that there are skewed facts and false accounts, this book should not be entered into evidence for the Guatemalan Commission for Historical Health (GCHH). Menchu’s book contains very questionable truths not only about the book’s facts, but about …

Coyote Ugly: Ineffective Human Smuggling Statutes In Central America Call For A New Regional Treaty, Natalia W. Nyczak

San Diego International Law Journal

This Comment calls for the rethinking of the international emphasis on human trafficking by looking at its neglected sister and illuminating the consequences of mis-defining two related yet distinct international criminal offenses. This Comment is an original intervention in the area of international and transnational crime. It is the first of its kind to examine the deficiencies of the Smuggling Protocol through case studies and the first to offer practical reforms and theoretical clarifications of the definition of human smuggling to serve as a useful tool in future attempts to combat human smuggling and human trafficking. Part II examines the …

Endemic Corruption In The People's Republic Of China, Emily Tran

San Diego International Law Journal

Since taking office in 2013, President Xi Jinping has emphasized the importance of enforcing his campaign against corruption. The number of bribery convictions issued in recent years and the possibility of receiving the death penalty for serious corruption-related crimes underscores the seriousness with which the CPC considers corruption. The penalties for bribery are harsh compared to most other countries and serve as a strong method of deterrence. Part II of this Article discusses the PRC's anti-corruption laws in the individual and commercial contexts and note the inherent problems in the CPC's enforcement efforts. Part III will discuss the impact of …

Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning

San Diego International Law Journal

This Comment will explore the right to be forgotten, how it is recognized in the European Union, and the trend toward the existence of such a right in the United States. Additionally, this comment will discuss how the right to be forgotten could lessen the impact data breaches have on individuals through the lens of the Ashley Madison hack. Lastly, this comment will discuss how, if the United States narrowed the scope of the European Union’s concept of the right to be forgotten to fit into the United States’ view of privacy and the First Amendment, the impact of data …

Bitter Biopharmaceuticals: Biologic Counterfeiting And Supply Chain Concerns, Jennifer Abma

San Diego International Law Journal

Pharmaceutical counterfeiting is a growing area of public safety and national security concern. Biological medications are a growing portion of counterfeit medicines due to the high cost and opportunities for profit from these innovative drugs. Biologics are a unique target for counterfeiters in international commerce presentingunique hazards over traditional, more stable, pills. This Article explores the international biopharmaceutical supply chain and the regulatory weaknesses that compromise public health.

Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China, Roger P. Alford, Julian G. Ku, Bai Xiao

Hofstra Law Faculty Scholarship

No abstract provided.

Legislation's Culture, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

American statutes can seem like labyrinthine mazes when compared to some countries’ legislation. French codes are admired for their intellectual elegance and clarity. Novelists and poets (Stendhal, Valéry) have considered the Code civil to be literature. Swedish legislation might be based on empirical research into problems the legislation is intended to remedy, and the drafting style, though modern today, is descended from an oral tradition of poetic narrative.

Comparing these legislative cultures with our own reveals that the main problem with American legislation is not too many words. It is too many ideas — a high ratio of concepts per …

"Ev'ry American Experiment Sets A Precedent": Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Allison Caffarone, Meg Holzer

Hofstra Law Faculty Scholarship

July 22, 2016. A Florida state court dismisses a three-count information against a sole defendant in "a Miami money-laundering case that is being closely watched around the world." The defendant, a dealer of the virtual currency bitcoin, is free to go. He is also free to continue engaging in the sale of bitcoin. This "victory for bitcoin users" was the first state court case to address Bitcoin in the context of the money services business and anti-money laundering statutes. And on every front, the court got it wrong — while the world was watching. Federal and state prosecutors, defense attorneys, …

Foreign Fathers, Japanese Mothers, And The Hague Abduction Convention: Spirited Away, Barbara Stark

Hofstra Law Faculty Scholarship

No abstract provided.

The Need For Annotated Corpora From Legal Documents, And For (Human) Protocols For Creating Them: The Attribution Problem, Vern R. Walker

Hofstra Law Faculty Scholarship

This paper argues that in order to make progress today in automating argumentation mining from legal documents, we have a critical need for two things. First, we need a sufficient supply of manually annotated corpora, as well as theoretical and experimental evidence that those annotated data are accurate. Second, we need protocols for effectively training people to perform the tasks and sub-tasks required to create those annotations. Such protocols are necessary not only for a team approach to annotation and for quality assurance of the finished annotations, but also for developing and testing software to assist humans in the process …

Habeas Corpus In Three Dimensions: Dimension Ii: Habeas Corpus As A Legal Remedy, Eric M. Freedman

Hofstra Law Faculty Scholarship

This is the second of three planned articles in a project whose overall title is “Habeas Corpus in Three Dimensions.” The first installment discussed the importance of habeas corpus as a common law writ.2 This piece considers the significance of the fact that American habeas corpus until the first decades of the nineteenth century was embedded in a system of multiple constraints on government power.3 The third installment will trace the role of habeas corpus in the system of checks and balances that developed here subsequently.

Computer Science Education At The Claremont Colleges: The Building Of An Intuition, Lauren Burke

Scripps Senior Theses

In this thesis, I discuss how the undergraduate computer scientist is trained, and how they learn what I am calling computational intuition. Computational intuition describes the methodology in which computer scientists approach their problems and solve them through the use of computers. Computational intuition is a series of skills and a way of thinking or approaching problems that students learn throughout their education. The main way that computational intuition is taught to students is through the experience they gain as they work on homework and classwork problems. To develop computational intuition, students learn explicit knowledge and techniques as well as …

"Can We Do A Happy Musical Next Time?": Navigating Brechtian Tradition And Satirical Comedy Through Hope's Eyes In Urinetown: The Musical, Katherine B. Marcus Reker

Scripps Senior Theses

This thesis proposes a critical study of the theoretical framework of Urinetown, asking the question of whether or not the show is truly a “Brechtian musical,” utilizing the tenets and beliefs of Bertolt Brecht. Set in a quirky, Gotham-like town where you have “to pay to pee” due to a severe drought, Urinetown follows a cast of absurdist characters as they navigate a society plagued by the perils of big business, ecological devastation, and the inequalities of capitalism. While the show appears to make a relevant social commentary, supporting a righteous rebellion to overthrow the evil Urine Good Company, in …

The Impact Of Social Network Sites On International Student Adjustment On A Us College Campus, Richard Bowen Gillie

Open Access Master's Theses

International students are a welcome addition to universities and colleges in the United States looking to diversify their student population and increase tuition revenue. Unfortunately, these students often experience great difficulty adjusting to their new environment. It is essential for faculty and administrators to understand the reasons why international student experience such difficulties and explore different ways of facilitating intercultural adjustment. The purpose of this study was to examine how the use of social network sites by international students affects their adjustment in several different sectors of campus life, including making social relationships, communication with university administration, and academic learning …

Cogenerative Dialogue's Communicative Effectiveness In Higher Education Entry-Level College Courses, Rachel Smith

Open Access Master's Theses

Cogenerative dialogue is defined as a form of structured discourse in which teachers and students engage in a collaborative effort to help identify and implement positive changes in a classroom’s teaching and learning practices (Martin, 2006, p. 694). For this thesis, cogenerative dialogue will be posited as the pedagogical practice that encourages instructors and students to share the responsibility in an active learning environment, thereby granting students in entry-level higher education courses a voice in their education. Analyzing the research data on cogenerative dialogue primarily in K-12 classrooms where significant research has been compiled, as well as focusing on texts …

Rail Ports: The Collaboration Of Railroad & Coastal Steamboat Companies In New England In The 1840s, Laura K. Hoglund

Open Access Master's Theses

Prior to the development of railroad travel in New England, the primary mode of transportation was the stagecoach, a slow and uncomfortable vehicle. Steamboats traveled between coastal cities, but were more limited in their routes than stagecoaches and averaged the same amount of travel time. Desire for faster travel times, specifically between New York City and Boston, accelerated technological advancements that led to the development of a fledgling railroad network in New England by the second quarter of the nineteenth century. It also led to increased collaboration between railroad and steamboat companies, each offering combination routes to save time.

The …

An Electrochemical Process For Simultaneous Treatment Of Metal And Cyanide Bearing Wastewater, Mathew Thomas Jodoin

Open Access Master's Theses

Heavy metal and cyanide contamination in electroplating wastewater can pose a serious environmental problem if not removed prior to discharge (Rajeswari and Sailaja 2014). Electrocoagulation has been shown to effectively remove many of these contaminants separately using batch treatment systems (Adhoum et al. 2004). The present study seeks to test the technologic efficacy of mixed electrocoagulation and hydroxide precipitation to simultaneously treat metals common to the electroplating industry (Ni⁺², Cu⁺², Sn⁺²), and cyanide (CN^-). The ultimate goal of the study is to offer a process which has the potential for use in …

Frenulectomy: Summary, Children's Mercy Kansas City

Clinical Critically Appraised Topics

No abstract provided.

Scaling Up Your Story: An Experiment In Global Knowledge Sharing At The World Bank, Shad Morris, James B. Oldroyd, Sita Ramaswami

Faculty Publications

Timely and effective knowledge transfer is increasingly important in today’s technologically advanced global market. However, a myopic focus on efficiency has frequently rendered most organizational knowledge ineffective. By coupling technology with a formal system that captures informal stories in an engaging and entertaining way, actors within an organization may be more willing to listen to what geographically dispersed colleagues are doing, and may be more likely to ascribe value to that information. Focusing on the International Finance Corporation of the World Bank Group, we conducted interviews with those sharing and using knowledge, and performed content analyses of 175 knowledge-sharing narratives. …