Digital Commons Network^™

Oh, What A Relief It (Sometimes) Is: An Analysis Of Chapter 7 Bankruptcy Petitions To Discharge Student Loans, Aaron N. Taylor, Daniel Sheffner

All Faculty Scholarship

Conventional wisdom dictates that it is all-but-impossible to discharge student loans in bankruptcy. This contention, however, misstates the fact that bankruptcy discharge of student loans is possible—and it happens. This Article presents a statistical analysis of what happened when Chapter 7 bankruptcy petitioners in the First and Third federal judicial circuits filed 523(a)(8) adversary proceedings—or proceedings to discharge their student loan debt due to an “undue hardship.” In our analysis, we found undue hardship discharge rates of 54% in the First Circuit and 24% in the Third Circuit. But more significantly, we found that undue hardship determinations were relatively rare. …

Taste This!: Experiencing Transactional Lawyering In First-Year Contracts, Dana M. Malkus

All Faculty Scholarship

In a prior submission to The Law Teacher (“Reflection, Reality, and a Real Audience: Ideas from the Clinic"), I argued that the clinical education model provides some simple lessons that should inform all law teaching. One idea I advocated was that law teachers bring reality into the classroom whenever possible. Among other ideas, I suggested law teachers run in-class simulations based on "real world" transactions..

Over the past few years, I have had the opportunity to experiment more with this suggestion myself. At my institution, I teach a clinic course (which includes supervising students) and a transactional drafting course. I …

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 …

Effects Of Stream Degradation On Ecosystem Function Are Mediated By Local Microbial And Macroinvertebrate Leaf Litter Processing, Carla Rothenbuecher

Murray State Theses and Dissertations

Riparian areas are fundamental to aquatic ecosystems by regulating temperature and light regimes, and providing allochthonous subsidies critical to the survival of aquatic and terrestrial species. On a global scale, increased rates of anthropogenic disturbance from agricultural activities and urbanization have caused the degradation of aquatic habitats. As a result, billions of dollars have been spent on stream restoration projects to protect aquatic resources; however, fundamental ecosystem processes like litter decomposition are rarely addressed. We conducted a litterbag experiment in a degraded high desert stream proposed for large-scale restoration to test the effects of reach location, canopy cover, and temperature …

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 …

My Assumption Is This, Alex Blonder

Murray State Theses and Dissertations

My Assumption Is This. A collection of poems that explore moments of ordinary life in an effort to understand the pieces of human experience.

Let’S Play! A Study Examining The Acceptability Of Cross-Gender Play Of Children, Angela R. Youngs

Murray State Theses and Dissertations

The purpose of this study was to examine parental preference regarding their children and gender-specific and gender-neutral toys. More specifically, to examine some factors that may impact parents’ preferences regarding the types of toys their child chooses. The factors of interest used in the present study include general demographics (e.g., gender, age, etc.), gender role perceptions, religiosity, and level of conservatism. Participants were gathered from a survey-taking website. The sample consisted of 88 parents (43 female, 43 male, and 2 who chose not to identify) whose ages ranged from 22 to 62 (M = 31.82, SD = 6.95). Each …

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 …

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. …

Margaret Wise Brown Papers, 1938-1960., Beth S. Harris

Finding Aids: Guides to the Collections

Materials related to the career of children's author Margaret Wise Brown. The collection includes literary manuscripts, correspondence, legal papers, biographical information, periodical publications, sound recordings, ephemera, and clippings

The Make Cook Do Book, University Of Northern Iowa. Department Of Languages And Literatures., Jennifer Cooley, Caitlin Agrosinger

Make Cook Do Book Project

During the spring and fall semesters of 2016, UNI students collaborated with adult Learners in English classes at the YWCA in Waterloo, Iowa as language partners. The stories below are just a sample of all the different backgrounds and talents that the adult English Learners brought to the collaboration. At the end of the fall 2016 semester, the YWCA students were invited to write about their past, present and/or future and, if they wanted to, about their family as well. (The document that prompted them to share their ideas is on the first page!) UNI students offered assistance, as needed, …

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 …

Should Courts Fear Transnational Engagement?, Olga Frishman

Vanderbilt Journal of Transnational Law

Judicial citation of foreign law worries many people, including justices of the U.S. Supreme Court, politicians, and legal academics. The critics in the United States argue that judges "cherry-pick" foreign citations and use them to import foreign norms that do not accord with the Constitution or the will of the American people. This Article argues, based on insights from organizational theory, that the critics overlook another, much greater, concern: the danger does not come from citing or looking at foreign law, but rather, from other types of interaction, such as meetings at judicial organizations, judicial delegations, or judicial conferences. The …

A New Model Of Sovereignty In The Contemporary Era Of Integrated Global Commerce, Kevin Sobel-Read

Vanderbilt Journal of Transnational Law

Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally, and transformations in global commerce specifically, have sutured together the peoples of the world-conventional nation-states and Indigenous groups alike--permanently altering the sovereignty of each. These developments make it that much more imperative to incorporate a functional definition of sovereignty into legal scholarship. But, given the complexities of sovereignty, the …

A Post-Millennial Inquiry Into The United Nations Law Of Self-Determination: A Right To Unilateral Non-Colonial Secession?, Dr. Glen Anderson

Vanderbilt Journal of Transnational Law

The present Article inquires whether a right to unilateral non-colonial (UNC) secession is grounded in the United Nations (UN) law of self-determination. The Article argues that peoples subjected to deliberate, sustained, and systematic human rights abuses in extremis (e.g., ethnic cleansing, mass killings, or genocide) by the existing state have an international customary law right to UNC secessionist self-determination. This right is coextensive with the "remedial-rights-only" philosophical approach to UNC secession. The Article further argues that in the post-millennial era two developments are likely for the law of UNC secessionist self-determination: first, the right will become available in response to …

Why China Established The Asia Infrastructure Investment Bank, Daniel C.K. Chow

Vanderbilt Journal of Transnational Law

On January 16, 2016, China officially opened the Asia Infrastructure Investment Bank (AIIB) for business, representing what might be a seismic shift in economic power from the United States to China. The AIIB creates a challenge to the U.S.-dominated World Bank and International Monetary Fund (IMF), two venerable international financial institutions created at the end of World War II. The World Bank lends money to developing countries to promote economic development, but these loans come with conditions called the Washington Consensus--a set of policies designed to promote the use of private markets, protect the environment, protect human and workers' rights, …

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 …

Arnold Michael Shankman Papers - Accession 98, Arnold Michael Shankman

Manuscript Collection

The Arnold Shankman Papers consist mainly of photocopies of manuscript collections which Dr. Shankman used for his research and writing. Included are pamphlets, biographical sketches, correspondence and newspaper accounts. Most of the collection relates to the American Civil War, particularly in Illinois, Georgia, and Pennsylvania, but there is material relating to Jewish history, African-Americans and United States foreign relations.

Nathaniel Gist Gee Papers - Accession 395, Nathaniel Gist Gee

Manuscript Collection

The Nathaniel Gist Gee Papers consist of various papers concerning Gee’s years in China including correspondence, reports, newspaper and magazine clippings, Chinese poetry, statistics, manifestos, statements, his professional papers concerned primarily with freshwater sponges, and professional papers and publications he collected that chronicle China’s growth. Many of the records are concerned with China’s political and social changes including China’s Nationalist and Student Movements during Gee’s stay in China.

Nathaniel Gist Gee (1876-1937), born in Union, SC, was a professor of Natural Science at Soochow University and Yenching University in China from 1901-1932.

Junior Woman's Club Of Rock Hill Records - Accession 94, Woman's Club Of Rock Hill, Junior

Manuscript Collection

The Junior Woman's Club of Rock Hill Records contain a historical file, minutes, correspondence, membership lists, financial records, project reports, newsletters, yearbook and thirty-seven scrapbooks relating to the growth, activities and community contributions of the Rock Hill Junior Woman’s Club from 1955 to 2003.

Tap Journal: A Community Magazine Of Education & The Arts - Accession 1068 - M483 (534), Tap Journal: A Community Magazine Of Education & The Arts

Manuscript Collection

This collection consists of two editions of Tap Journal: A Community Magazine of Education an the Arts edited by writer Ron Padgett of the “Writer in the Community” program at the South Carolina Arts Commission. Included in the 1977 edition is an oral history of Lando, South Carolina in Chester County; information on artist Ralph Waldrop; Lancaster County Historical markers; an article about John T.M. McAfee’s store account ledger; and other information and articles concerning Lancaster and Chester counties and Fort Mill Township. The 1978 edition consists of articles on; history of Richburg, SC; Chester Confederate Records; fiddler John Broughton; …

Teaching Information Literacy Via Social Media: An Exploration Of Connectivism, Natalie Burclaff, Catherine R. Johnson

Library Philosophy and Practice (e-journal)

Connectivism provides a promising theoretical understanding of how libraries can use social media to engage in intentional information literacy education. The purpose of this paper is to review research in support of this claim and situate information literacy instruction through social media in connectivism’s theoretical framework. Using this model, those intending to use social media to teach information literacy must model good behavior, facilitate network growth, and help students build the capacity to consider a source's context and evaluate information critically in order to be successful. Theoretical challenges and potential for future research is included.

Characterizing Agile Supply Partnerships In The Fashion Industry, Corrado Cerruti, Carlos Mena, Heather Skipworth, Ernesto Tavoletti

Business Faculty Publications and Presentations

Purpose – The purpose of this paper is to investigate high-involvement and short-term supply relationships, known as agile supply partnerships (ASPs), and explores the conditions that support the development of such inter-organizational relationships.

Design/methodology/approach – A qualitative exploratory research design was followed, based on in-depth case studies of Italian fashion footwear manufacturers and their relationships with key suppliers.

Findings – ASPs appear to be most relevant in supply material categories which have a high impact on the appearance or functionality of the product. Conversely, in supply categories with a low impact, long-term partnerships are preferred. Four main characteristics of ASPs …

Memoirs Of Aldo Gino Servi, Aldo Gino Servi

Books and Monographs

Digital version of the unpublished personal memoirs of Aldo Gino Servi (1881-1963). Text in Italian; table of contents in English. Contents Pedigree chart for Aldo Gino Servi -- Genealogy = Genealogia -- Population of Pitigliano -- Personal recollections = Ricordi personali -- My professional career = La mia carriera professionale -- The world is wicked = Il mondo e' malvagio -- Religion = Religione -- An ignoramus's religion = La religione di un ignorante : riflessioni -- Rules of living = Norme di vivere -- Buddhism = Buddism[o] -- Antisemitism and racial laws = L'antisemitismo e la campagna razziale -- …

Comparing Methods For Assessing The English Grammatical Development Of Spanish-Speaking English Learners, Lisa A. Fitton Ph.D., Mary Claire Wofford, Kristina N. Bustamante, Natasha De Novi, Bibiana Nuñez, Carla L. Wood

Faculty Publications

Identifying valid and informative approaches for assessing young English learners (ELs) is essential for school-based speech-language pathologists (SLPs). The present paper focuses on two distinct approaches for assessing English grammatical development, a key component and indicator of language development for ELs. The approaches addressed are standardized normreferenced assessment and grammatical feature coding from story retell narratives. The authors review the utility of these approaches for evaluating the English grammatical development of Spanish-speaking ELs. A research example is provided to illustrate how a small sample (n = 18) of ELs performed on each of these English-based tasks. Findings reveal that children …

Flirting Online And The Connection Between The Use Of Dating Websites And Dating Applications, Kristine Johnson, Olguta Vilceanu, Manuel C. Pontes

AMTP Proceedings 2016

For this research, we used data collected by the Pew Foundation's "Internet and American Life Project Tracking Survey," conducted in Spring 2013. The data was adjusted through the use of sampling weights to estimate for general population parameters. The collected data examined online flirting, use of dating websites, and the use of dating apps. Findings suggest women between the ages of 18-34 years are just as likely as men to signal their romantic interest by engaging in online flirtation. In addition, women ages 50 years or older are less likely than men to signal their romantic interest by engaging in …

Inefficiently Automated Law Enforcement, Woodrow Hartzog, Gregory Conti, John Nelson, Lisa A. Shay

Faculty Scholarship

For some crimes the entire law enforcement process can now be automated. No humans are needed to detect the crime, identify the perpetrator, or impose punishment. While automated systems are cheap and efficient, governments and citizens must look beyond these obvious savings as manual labor is replaced by robots and computers. Inefficiency and indeterminacy have significant value in automated law enforcement systems and should be preserved. Humans are inefficient, yet more capable of ethical and contextualized decision-making than automated systems. Inefficiency is also an effective safeguard against perfectly enforcing laws that were created with implicit assumptions of leniency and discretion. …

Litigation: Time To Revisit Chevron Difference, Jack M. Beermann, Charles J. Cooper, Thomas W. Merrill, Amy Wildermuth, Don R. Wildermouth

Faculty Scholarship

Article is a transcript from the 2014 National Lawyers Convention panel on Millennials, Equity, and the Rule of Law. A video recording of the panel can be viewed here.

JUSTICE DON WILLETT: ... because Chevron deference is kind of like bacon. Some people like their Chevron deference rigid and crisp. Other people like it a little squishy and a little bendable. A few people dislike it altogether, no matter how it's served. But Chevron' is now thirty years old, older than a number of people in the audience today, and a lot has changed. The regulatory state …