Digital Commons Network^™

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 …

Dismantling Of Dissent: Militarization And The Right To Peaceably Assemble, Emmanuel Hiram Arnaud

Faculty Scholarship

This Note argues that the ritualized use of extreme police force on peacefully assembled groups is a violation of the Assembly Clause as it was originally intended to function. Part I gives a general account of the Assembly Clause, its creation, and its original intention to safeguard minority views. Part II recounts part of the history behind the militarization of police forces. Part III suggests a balancing test the courts should use when evaluating violations of the freedom to peaceably assemble in order to conform to the original meaning of the First Amendment.

Hiv Risk And Psychological Distress Among Female Entertainment Workers In Cambodia: A Cross-Sectional Study, Carinne M. Brody, Pheak Chhoun, Sovannary Tuot, Khuondyla Pal, Siyan Yi

Background: In Cambodia, there has been an increase in entertainment work as a result of the breakdown of the traditional brothel-based sex industry, presenting new challenges to addressing the health issues and needs of people working in the entertainment industry. This study aims to identify factors associated with psychological distress among female entertainment workers (FEWs) in Cambodia.

Methods: A two-stage cluster sampling method was used to randomly select 657 FEWs from entertainment establishments in Phnom Penh and Siem Reap in April and May 2014 for interviews using a structured questionnaire. Psychological distress was measured using the General Health …

Are Text Messages A Feasible And Acceptable Way To Reach Female Entertainment Workers In Cambodia With Health Messages? A Cross-Sectional Phone Survey, Carinne M. Brody, Sukhmani Dhaliwal, Sovannary Tuot, Michael Johnson, Khuondyla Pal, Siyan Yi

Background: Despite great achievements in reducing the prevalence of HIV, eliminating new HIV infections remains a challenge in Cambodia. Entertainment venues such as restaurants, karaoke bars, beer gardens, cafes, pubs, and massage parlors are now considered important venues for HIV prevention efforts and other health outreach interventions.

Objective: The purpose of this study was to explore phone use and texting practices of female entertainment workers (FEWs) in order to determine if text messaging is a feasible and acceptable way to link FEWs to health services.

Methods: This cross-sectional phone survey was conducted in May 2015 with 97 …

Determinants Of Inconsistent Condom Use Among Hiv Serodiscordant Couples In Cambodia, Sovannary Tuot, Khuondyla Pal, Kouland Thin, Chrysanta Patio, Kelly Allbritton, Christie Blondek, Siyan Yi

Background: Globally, heterosexual transmission within serodiscordant relationships is a significant source of new HIV infections. In 2012, there were an estimated 1,350 incident cases of HIV in Cambodia, of which 37% were between heterosexual couples and 30% among sex workers. In combination with antiretroviral therapy (ART), consistent condom use can significantly reduce HIV transmission risk among serodiscordant couples. This study explored determinants of inconsistent condom use among serodiscordant couples in Cambodia. Methods: A cross-sectional study was conducted in Battambang, Pursat and Takeo provinces in September 2013. A structured questionnaire was used to collect data on condom use and …

Health And Socio-Economic Impacts Of Livelihoods Programs Among People Living With Hiv In Cambodia: A Case-Control Study, Sovannary Tuot, Kouland Thin, Mayumi Shimizu, Samedy Suong, Samithrea Sron, Pheak Chhoun, Siyan Yi

Background: In Cambodia, the circumstances surrounding people living with HIV (PLHIV) remain serious conditions. To ameliorate these situations, KHANA has implemented livelihoods programs since 2010, including village saving and loans (VSL), skill trainings, and cash grants with on-going technical support. This study aims to evaluate the impacts of the programs in improving socio-economic conditions, health, and psychological well-being of PLHIV in Cambodia. Methods: In August 2014, a case-control study was conducted in six selected provinces. The cases were defined as PLHIV who lived in the selected operational districts where KHANA has implemented the livelihoods programs, and have participated in …

Improving Prevention And Care For Hiv And Sexually Transmitted Infections Among Men Who Have Sex With Men In Cambodia: The Sustainable Action Against Hiv And Aids In Communities (Sahacom), Siyan Yi, Sovannary Tuot, Pheak Chhoun, Khuondyla Pal, Chanrith Ngin, Sok Chamreun Choub, Carinne M. Brody

Background: The prevalence of HIV and sexually transmitted infections (STIs) among key populations in Cambodia continues to rise. To address this issue, KHANA, the largest national HIV organization in the country developed and implemented the Sustainable Action against HIV and AIDS in Communities (SAHACOM) project. This study aims to determine the impacts of the SAHACOM on sexual behaviors and the uptake of HIV/STI services among men who have sex with men (MSM) in Cambodia.

Methods: We compared outcome indicators at midterm (n = 352) and endline (n = 394). Surveys were conducted in 2012 and 2014 in Battambang …

Research Ethics Training Of Trainers: Developing Capacity Of Bolivian Health Science And Civil Society Leaders, Annette Aalborg, Sarah Sullivan, Jacqueline Cortes, Armando Basagoitia, Daniel Illanes, Matthew Green

Research and research ethics (RE) capacity is a key element for addressing health priorities of low- and middle-income countries (LMICs). With support from a NIH/FIC Research Ethics Education and Curriculum Development grant, a RE Training of Trainers (TOT) was implemented in Bolivia. The Steering Committee, including representatives from four Bolivian universities and PAHO, developed the RE TOT that included face-to-face, online and practicum components. Twenty trainees including faculty, researchers and community leaders participated. Pre/Posttest results demonstrated significant increases in overall RE knowledge (13.1% improvement, p-value < 0.0001). An evaluation demonstrated participants valued participatory learning strategies and the flexibility of the online component. TOT participants during the practicum component delivered RE workshops to their university and civil society communities in four regions (n= 3,700 people). The goals of the grant were accomplished through the development of a Steering Committee and implementation of the TOT course. Next steps include the design and implementation of a master’s level research ethics education program in Bolivia.

The Influence Of Religion On The Marketing Concept: A Case Of Halal Culture, Soleman Mozammel, Perry Haan

AMTP Proceedings 2016

Religion is a major cultural variable that can affect the purchase behavior of consumers. This non-empirical paper examines how the Muslim concept of Halal influences consumers in the Middle East and Muslims all over the world. The paper reviews brief history of the marketing concept and consumer behavior. It then explains the role that cultural generally plays in the consumer decision making and marketing concept. The paper explains the basic concepts behind Halal culture. The paper makes recommendations to marketers for how to reach consumers who seek products that are Halal certified and Shariah-compliant. It also discusses how to compete …

School Psychologists' Practice And Perceptions Of School-Based Youth Suicide Prevention And Postvention Practices, Alyce M. Hopple

All-Inclusive List of Electronic Theses and Dissertations

Suicide prevention and postvention activities may be provided in the school environment, and literature suggests that school psychologists are likely to provide services to address suicidality because of their training surrounding mental health. School psychologists training concerning suicide prevention has been examined through quantitative studies; however, specific elements of suicide prevention and postvention training, as well as how training might affect school psychologists preparedness to address suicidality, are not well understood. The purpose of this study was to collect information surrounding participants experiences surrounding suicide prevention and postvention activities. Participants were 10 school psychologists who were practicing in the school …

The Effect Of Short-Term International Immersion Experiences On The Development Of Intercultural Competence In Students At A Faith-Based University, Bradford P. Zarges

All-Inclusive List of Electronic Theses and Dissertations

This study investigated the effect of short-term international immersion experiences on the development of intercultural competence development in students at a faith-based university. Globalization and the subsequent need to internationalize higher Education in the United States has traditionally stimulated the development of study abroad programs lasting between one-semester and a full-year. However, challenging financial realities and increasing curricular demands have created growing interest in shorter duration international experiences. In fact, participation in short-term programs lasting four weeks or less exceeds all other length experiences (Institute of International Education, 2013). The research on study abroad and the development of intercultural competence …

The Fourth Grade English As A Second Language Curriculum As Perceived By Teachers And Supervisors In Saudi Arabia, Maha Alasmi

All-Inclusive List of Electronic Theses and Dissertations

This research is conducted to present the status of the new English as second language curriculum that is implemented recently into elementary schools at the fourth-grade level. English as a second language is a subject that is used all over Saudi Arabia in elementary, intermediate, and secondary levels. The curriculum consists of a syllabus, list of objectives, student book, and workbook, which includes activities. This research discussed couple of themes and gaps that were found regarding teaching English as a Second Language in Saudi Arabia schools. The themes include English as a second language in Saudi Arabia in general, teaching …

Unpacking The Compensatory Principle: Causation, Mitigation, Certainty Of Loss And Remoteness: The Mtm Hong Kong, Yihan Goh, Man Yip

Research Collection Yong Pung How School Of Law

The High Court decision of Louis Dreyfus Commodities Suisse SA v MT Maritime Management BV (The MTM Hong Kong) affirms that the compensatory principle mandates the assessment of actual loss resulting from the breach of a charterparty. Owing to the unexpected delay in obtaining a substitute charter after the original charterers had repudiated the charterparty. The MTM Hong Kong raised a previously unconsidered issue: is the court allowed to take into account the vessel owners’ losses occurring after the date that the charter voyage would have been completed? Under the Smith v McGuire measure of compensation, an owner is conventionally …

The User Principle: Rashomon Effect Or Much Ado About Nothing?, Kelvin F. K. Low

Research Collection Yong Pung How School Of Law

No abstract provided.

Breastfeeding In Nigeria: A Systematic Review, Emmanuel O. Adewuyi, Kazeem Adefemi

Research outputs 2014 to 2021

Breastfeeding confers numerous benefits on babies and mothers. Early initiation, ‘exclusive breastfeeding’ and breastfeeding for at least two years post-delivery are the recommended practices. This study aims to examine the trends of breastfeeding practice in Nigeria by reviewing available published studies. The online databases of PubMed, Science Direct and the Web of Knowledge were searched using relevant terms. Studies identified were screened for eligibility and those that met the inclusion criteria were included in this review. Graphs and regression equations were generated using Microsoft Excel® to illustrate the duration of and trends in, breastfeeding practices in Nigeria. This review adopts …

Climate Change And Malaria Control: The Importance Of Mitigation And A Call To Action, Emmanuel O. Adewuyi, Kazeem Adefemi

Research outputs 2014 to 2021

Malaria has remained an important target for global disease control efforts for decades. The streams of funds and, consequently, availability of effective interventions for the disease have resulted in considerable reduction in its burden, globally. Despite the relative success of such global efforts, malaria remains a significant threat in over a hundred countries, worldwide, leading to about one million deaths and hundreds of millions of hospital visits, annually. Many researchers and health commentators have argued that global warming, a consequence of climate change, could be linked – directly or indirectly – to the persistence as well as the re-emergence of …

The Implications Of The Trans-Pacific Partnership For Smes: Opportunities And Challenges, Heng Wang

Research Collection Yong Pung How School Of Law

The Trans-Pacific Partnership (TPP) will have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. SME issues get more attention in the TPP than previous FTAs. Since there is limited research on the impact of the FTAs on SMEs, it is of great significance to probe into the practical implications of the TPP for SMEs. The key question will be analyzed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the support to SMEs, tariff elimination or reduction, and the reduction of non-tariff barriers are major …

Going Beyond Exams In Educating A Nation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Today’s the start of the new school year for thousands of students in Singapore: A new beginning, especially for those transitioning from primary to secondary schools. School is such a significant part of our lives, especially in today’s knowledge-based economy.

Lilith’S Daughters: Distilling The Healing Wisdom Of Women After Abortion, Miriam Brooker

Theses: Doctorates and Masters

Spaces and opportunities for women to share, reflect upon and explore their personal experiences of abortion, are limited by a range of social judgments associated with having an abortion. This doctoral research project investigates how 23 diverse Australian women made sense of their abortion experiences, in ways that left them feeling better (or fine)1 about themselves and their decision. Within the study, a holistic approach to women’s experiences of abortion is adopted and a range of dimensions are explored: physical, emotional, intellectual, social and spiritual. The phenomenologically-grounded research methodology employed in the study proceeded in two phases, designed to access …

Evaluating The Effect Of The Digital Divide Between Teachers And Students On The Meaningful Use Of Information And Communication Technology In The Classroom, Andrew Thomas Grigg

Theses: Doctorates and Masters

In recent years the usage of Information and Communications Technology (ICT) in schools has become more prominent (Pegrum, Oakley, & Faulkner, 2013), with the majority of the focus being on hardware implementation (Hunter, 2013). However, teachers have generally struggled to integrate the use of ICT fully to promote learning in their classrooms (Sipilä, 2014). Therefore, schools may need to develop teachers’ ICT skills; this also being in response to students demonstrating higher levels of ICT skills within schools (Morgan, 2012). The well documented limitations in ICT skills of many teachers, and the likely increasing ICT skill levels of students’ is …

Identifying Plant Functional Traits To Assist Ecological Intervention In A Drying Landscape, Ana Luiza Muler

Theses: Doctorates and Masters

Mediterranean-type ecosystems (MTEs) are among the most vulnerable to land use and climate change and many attempts are in place to restore these ecosystems. Therefore, it is necessary to assess differences in plants’ ability to withstand water-stress, including biotic interactions. Such knowledge helps us understand community assembly, which is crucial for ecological intervention. This study involved: (1) reviewing the literature on traits that can differentiate functional types; (2) adapting the methodology to measure leaf water potential at turgor loss point (πtlp) for small-leaved species; (3) using these traits to quickly identify water-use strategies of adult …

Exploratory Psychomteric Properties Of The Farsi And English Version Of Spiritual Needs Questionnaire (Spnq), Nejat Nazi, Lisa Whitehead, Marie Crowe

Research outputs 2014 to 2021

The aim of this study was to translate and test the psychometric properties of a Farsi and an English version of the spiritual needs questionnaire (SpNQ) a measure originally developed in German. The World Health Organization guideline for translating and validating questionnaires was used. Participants were recruited from hospitals in Iran and New Zealand during an outpatient follow-up appointment after cancer treatment. People diagnosed with cancer in Iran (68) and New Zealand (54) completed and returned the SpNQ (at time 1) and within the two week time period (time 2). Cronbach’s alpha ranged from 0.79 to 0.92, except for the …

Re-Conceptualising Graduate Employability: The Importance Of Pre-Professional Identity, Denise Jackson

Research outputs 2014 to 2021

Despite efforts to broaden the concept of graduate employability, there remains an overarching focus on developing industry-relevant employability skills. The skills-based approach is, however, too narrow and does not fully capture the complexity of graduate work-readiness. This paper argues for the redefining of graduate employability by embracing pre-professional identity (PPI) formation. PPI relates to an understanding of and connection with the skills, qualities, conduct, culture and ideology of a student's intended profession. The ‘communities of practice’ model is drawn upon to demonstrate how PPI can be developed during university years. Here, a student makes sense of his/her intended profession through …

Can Changing The Timing Of Outdoor Air Intake Reduce Indoor Concentrations Of Traffic-Related Pollutants In Schools?, Morgan Macneill, Nina A. Dobbin, Mélissa St-Jean, Lance A. Wallace, Leonora Marro, T. Shin, Hongyu You, Ryan H. Kulka, Ryan W. Allen, Amanda J. Wheeler

Research outputs 2014 to 2021

Traffic emissions have been associated with a wide range of adverse health effects. Many schools are situated close to major roads, and as children spend much of their day in school, methods to reduce traffic-related air pollutant concentrations in the school environment are warranted. One promising method to reduce pollutant concentrations in schools is to alter the timing of the ventilation so that high ventilation time periods do not correspond to rush hour traffic. Health Canada, in collaboration with the Ottawa-Carleton District School Board, tested the effect of this action by collecting traffic-related air pollution data from four schools in …

'Face' And Psychological Processes Of Laid-Off Workers In Transitional China, Bingxin Wang, Kenneth M. Greenwood

Research outputs 2014 to 2021

Objective:

The objective was to explore the psychological experiences of laid-off workers in contemporary transitional China and to formulate a theoretical model of these.

Methods:

In-depth interviews of 26 laid-off workers were conducted and analysed using grounded theory techniques.

Results:

Four themes underline the psychological processes of these laid-off workers - feeling of loss, feeling of physical pain, feeling of fatalism, and final acceptance. These are characterized by Chinese culture and its philosophy - feeling of loss is dominated by their loss of face (diu mianzi), physical pain is a somatization of their mental painfulness, their fatalism is traced back …

Incidence, Risk Factors And The Healthcare Cost Of Falls Postdischarge After Elective Total Hip And Total Knee Replacement Surgery: Protocol For A Prospective Observational Cohort Study, Anne-Marie Hill, Gail Ross-Adjie, Steven M. Mcphail, Leanne Monterosso, Max Bulsara, Christopher Etherton-Beer, Sarah-Jayne Powell, Gerard Hardisty

Research outputs 2014 to 2021

Introduction:

The number of major joint replacement procedures continues to increase in Australia. The primary aim of this study is to determine the incidence of falls in the first 12 months after discharge from hospital in a cohort of older patients who undergo elective total hip or total knee replacement.

Method and analyses:

A prospective longitudinal observational cohort study starting in July 2015, enrolling patients aged ≥ 60 years who are admitted for elective major joint replacement (n = 267 total hip replacement, n = 267 total knee replacement) and are to be discharged to the community. Participants are followed …

The Relationship Between Neurocognitive Functioning And Occupational Functioning In Bipolar Disorder: A Literature Review, Walace Duarte, Rodrigo Beccerra, Kate Cruise

Research outputs 2014 to 2021

Neurocognitive impairment in Bipolar Disorder (BD) has been widely reported, even during remission. Neurocognitive impairment has been identified as a contributing factor towards unfavourable psychosocial functioning within this population. The objective of this review was to investigate the association between neurocognitive impairment and occupational functioning in BD. A literature review of English-language journal articles from January 1990 to November 2013 was undertaken utilising the PsychINFO, Scopus and Web of Knowledge databases. Studies that made specific reference to occupational outcomes were included, and those that reported on global psychosocial measures were excluded. Majority of the papers reviewed (20 out of 23) …

Digital Storytelling As A Means Of Supporting Digital Literacy Learning In An Upper-Primary-School English Language Classroom, Natalia Churchill

Theses: Doctorates and Masters

Digital literacy learning has become a requirement created by the wide development and application of new technologies for communication and representation. In the context of this study, ‘digital literacy’ is defined as a set of skills that enable an individual to use technologies to work with information. It builds on the traditional literacies of reading, writing, listening and speaking and includes elements of information literacy, media literacy and technology skills.

The purpose of this study was to investigate digital literacy learning in terms of the set of competencies - aspects of digital literacy - that a student in an …

Human Resource Planning Practices In The Omani Public Sector: An Exploratory Study In The Ministry Of Education In The Sultanate Of Oman, Adnan S. Al Wahshi

Theses: Doctorates and Masters

Human resource planning (HRP) is the management process that helps organisations prepare for the number of employees and the types of skills needed to achieve organisational goals and objectives. In short, the aim of HRP is to have the right people in the right place at the right time. However, unlike the private sector, HRP practices are not widespread in the public sector. Literature on the ways in which HRP is conducted in public sector organisations has been limited to date. While the process of moving from traditional models of public management to New Public Management (NPM), and the Resource-Based …

Building Online Community On Snac: A Netnographic Study Of The Early Years Sector, Ruth Wallace, Leesa Costello, Amanda Devine

Research outputs 2014 to 2021

‘‘Build it and they will come,’’ an adage critiqued as a common misconception of participatory engagement with online communities. Previous research indicated that a netnographic approach based upon researcher– participant engagement would provide the best opportunity to build and sustain a successful support community [...].