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Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Articles

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

Beyond Severability, Lisa Marshall Manheim

Articles

Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of legislative intent and without adequate justification. It does so through the imposition of an artificially restrictive framework: one that requires that courts respond to a statute’s constitutional flaw by disregarding that statute either in whole or in part. In the last few years alone, this framework has flattened the Voting Rights Act, threatened the Bankruptcy Code, and nearly toppled the Affordable Care Act.

Yet courts apply severability reflexively, never demanding justification for its destructive treatment. Scholars, meanwhile, assiduously debate the particulars of …

The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean M. O'Connor, Jason Liu

Articles

This Article provides a brief primer on the surprising range of assets that the Controlled Substances Act forfeiture provisions govern for the state-legal cannabis businesses. It outlines these provisions for tangible as well as intangible property, with an emphasis on risks to state-legal cannabis businesses’ intellectual property and issued securities.

We argue that these forfeiture risks create clouded title for all subject tangible and intangible property—not only for the state-legal businesses and their proprietors, but also for those businesses’ outside investors, creditors, and suppliers/contractors.

The Revival Of Climate Change Science In U.S. Courts, William H. Rodgers, Jr., Andrea K. Rodgers

Articles

Science never has been the obstacle to the recognition of climate change. Since Arhennius did his original calculations in 1896, the scientific world was quite aware of the prospect that industrial-age levels of carbon dioxide pollution would result in increasing global temperatures and acidification of the world’s oceans. The brilliant—and striking—graphical display that we know today as the Keeling Curve started in 1957, and year after year it records the relentless upward march of these atmospheric pollutant loadings.

Through the years, necessarily, a vast number of scientific warnings, publications, findings, and predictions would be offered to the public at large, …

"Their Shadows Still Walk With Us": Mapping A Decolonial Cartography Of Struggle With Ingrid Washinawatok El-Issa, Sandra Álvarez

Political Science Faculty Articles and Research

This paper maps a cartography of struggle to document the dynamic, living legacy of Menominee leader Ingrid Washinawatok El-Issa and her contribution to the decolonial possibilities of transnational Indigenous feminism. I propose that mapping a cartography of struggle is a useful way for movements to consider how the past informs the present and future possibilities of resistance and decoloniality.

Este artículo traza una cartografía de las luchas que llevó a cabo la líder Menominee Ingrid Washinawatok El-Issa con el fin de documentar su legado dinámico y vivo y su contribución a las posibilidades decoloniales del feminismo indígena transnacional. Propongo la …

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

The Trial Of Tom Robinson, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.

Breaking Up Is Hard To Do: Proposing Legislative Action In Order To Address The Problems Surrounding Alimony And Related Divorce Matters In South Dakota, Deborah J. Morris

South Dakota Law Review

No abstract provided.

No Hands: Reevaluating What Control Is Necessary To Establish Actual Physical Control Following State V. Nekolite, Kimberly B. Mcnulty

South Dakota Law Review

No abstract provided.

Domestic Asset Protection Trusts: Examining The Effectiveness Of South Dakota Asset Protection Trust Statutes For Removing Assets From A Settlor's Gross Estate, Mark R. Krogstad, Matthew W. Heuvelen

South Dakota Law Review

No abstract provided.

Leveraging Multimedia To Advance Science By Disseminating A Greater Variety Of Scholarly Contributions In More Accessible Formats, James Gaskin, Paul Benjamin Lowry, David Hull

Faculty Publications

For the welfare of the scientific community, we are intentionally rocking the boat with regards to the way we conduct, recognize, and disseminate scholarly contributions. As a scientific community, we are doing ourselves a great disservice by ignoring the insights, artifacts, discoveries, and conversations which naturally occur in the scientific process of advancing knowledge, but which do not fit into the very narrowly defined form of print-style articles. By failing to recognize, reward, and publish the wide variety of scholarly contributions that are not well suited to the print-style article, we hinder scientific progress, devalue important and necessary contributions to …

The Impact Of Free Healthcare On Hospital Deliveries In Sierra Leone, Salifu Salito Samura

Walden Dissertations and Doctoral Studies

Improving maternal health has been a challenge for developing nations with very high rates of maternal mortality. Sub-Saharan Africa, particularly Sierra Leone, has some of the highest maternal mortality rates in the world. In an attempt to improve on this, the Sierra Leonean government enacted free maternal healthcare services in 2010. The Sierra Leone Free Healthcare Initiative (SLFHCI) provides free healthcare for pregnant women, lactating mothers, and children under 5 years old. This research explored the impact of the free healthcare on hospital deliveries. The determinant of health model was used to evaluate the effectiveness of the SLFHCI program, and …

Investing In Least Developed Countries: The Aynak Copper Mine Project, Roosevelt Barfield

Walden Dissertations and Doctoral Studies

The rise of market globalization creates challenges for business executives seeking to pursue foreign direct investment (FDI) in least developed countries (LDC), such as Afghanistan. Multinational corporate (MNC) executives need strategies that will improve the timely delivery of minerals for mining projects in LDCs. Guided by the force field analysis theory, the purpose of this holistic, single-case study was to explore the strategy that 5 MNC executives in Beijing, China, used to improve the timely delivery of minerals associated with the Aynak copper mine project in Afghanistan. Semistructured interviews were used to elicit detailed narratives from MNC executives about their …

Perception Of Job Satisfaction And Over Qualification Among African Immigrants In Alberta, Canada, Benard Chi Njeundam Chuba

Walden Dissertations and Doctoral Studies

African-trained landed immigrants in the Alberta labor market are faced with employment over qualification and professional devaluation. Researchers have documented the precarious labor market position of this cohort and efforts undertaken by federal and provincial Canadian governments to address it. Little is known, however, about how these African immigrants perceive job satisfaction and over qualification. Guided by human capital theory, this phenomenological study focused on the perceptions of job satisfaction and over qualification among 11 landed immigrants of African origin in Alberta, Canada. Data were collected using semi structured interviews. Hatch's 9-step technique was used to analyze data, resulting in …

Providing Optimal Nutrition In Critical Care, Jo Anne Foley

Walden Dissertations and Doctoral Studies

Malnutrition among hospitalized patients is prevalent and associated with adverse outcomes. At the health care facility for which this quality improvement (QI) initiative was developed, patients were not consistently fed within the nationally recommended 48 hours. The purpose of this project was to facilitate the early initiation of enteral feedings to prevent malnutrition in a vulnerable patient group by development of an evidence-based enteral feeding policy, algorithm, and nursing education module. The find, organize, clarify, understand, select, plan, do, check, and act model provided a systematic approach for development of the project. Validation of the QI initiative was through the …

Nurses' Occupational Trauma Exposure, Resilience, And Coping Education, Sherry Lynn Jones

Walden Dissertations and Doctoral Studies

Nursing education courses and professional development (PD) do not include coping and resilience training for registered nurses (RNs) who work in emergency departments (EDs). Exposure to traumatic events, death, and dying may lead to health issues, substance abuse, stress symptoms, nursing staff turnover, and compassion fatigue among ED RNs. Without training, the pattern of adverse outcomes may continue. The purpose of this study was to explore ED RNs' experiences with occupational traumatic stress (OTS), and their recommendations for change to nursing PD programs, using a qualitative bounded intrinsic case study. The conceptual framework for this study included social learning and …

Prevalence And Predictors Of Complementary And Alternative Medicine Use Among Lebanese College Students, Lama Jizi

Walden Dissertations and Doctoral Studies

In Lebanon, estimates of Complementary and Alternative Medicine (CAM) use among college students are not available. CAM practices are not well regulated and some products contain unsafe substances. The purpose of this study was to estimate the prevalence and predictors of CAM use among Lebanese college students using the health belief model. A quantitative cross sectional research design was used. An online survey was administered to 126 Lebanese college students with the aim of determining the most important predictors of CAM use. A majority (89%) of surveyed students reported the use of CAM in the last 12 months. Based on …

Relationship Between Meaning In Life And Dispositional Forgiveness, Shirley Karseboom

Walden Dissertations and Doctoral Studies

Both meaning in life and forgiveness have been shown to separately contribute to better mental health. However, no prior research examined the linkage between meaning in life and forgiveness. This quantitative study was therefore to identify if there was a relationship between meaning in life, as measured by the Meaning in Life Questionnaire (MLQ), and overall dispositional forgiveness, dispositional forgiveness of self, dispositional forgiveness of others, and dispositional forgiveness of situations, as measured by the Heartland Forgiveness Scale (HFS). Survey data were gathered from 250 college students in Western Canada, and multiple linear regression controlling for sociodemographic factors was used. …

Strategies For Small And Medium-Sized Enterprises To Engage Third-Party Logistics Providers, Masoud Malakoti-Negad

Walden Dissertations and Doctoral Studies

Small and medium-sized enterprise (SME) managers struggle to stay competitive. The purpose of this multiple case study was to explore the strategies SME managers located in Canada use to engage third-party logistics (3PL) providers to improve their supply chains. Porter's value chain theory formed the conceptual framework for this study. Data collection included semistructured interviews with 3 managers from 3 different SMEs in the province of Ontario and a review of the documents related to the use of 3PL providers. Member checking was conducted to enhance credibility of interpretation of the data collected. Data analysis was used to identify key …

Short Term Memory Of Magnetic Resonance Imaging Technologists, Samuel Maldonado

Walden Dissertations and Doctoral Studies

This study examined the short term memory (STM) difference of magnetic resonance imaging (MRI) technologists versus non-MRI technologists. Human and animal studies have indicated that residual magnetic fields have caused changes within the cerebral structure. Research on residual magnetic fields and their effect on STM is still at its infancy. A quasi-experimental design was used to determine if any significant difference existed between the STM of MRI technologists (n = x) and a control population sample (n = x). The STM of both groups was assessed with the use of the Rivermead Behavioural Memory Test-Third Edition. Solicitation of the participants …

Hiv-Positive Status Disclosure Barriers In Stable Heterosexual Partners In Warri, Nigeria., Edith Nkechinyere Ogbozor

Walden Dissertations and Doctoral Studies

Nondisclosure of positive status drives the secondary transmission of human immunodeficiency virus (HIV) infection. This cross sectional quantitative survey study grounded by the consequence theory evaluates fear of stigma, lack of social support, and level of HIV-related knowledge as barriers to self-disclosure of HIV-positive status to stable heterosexual partners. A sample of 303 HIV-infected respondents (111 men and 192 women) accessing antiretroviral therapy at 4 designated centers in Warri, Nigeria, completed the self-administered questionnaires. Logistic regression analysis was used to assess the association between these factors and spousal HIV-positive status disclosure. Results demonstrated: (a) social support availability significantly predicted HIV …

Experiences Of Colorado Parents As They Recognized Their Child's Mental Illness, Lori Salgado

Walden Dissertations and Doctoral Studies

Mental illness is not only the leading cause of disability among adults, but there is also an emerging public health crisis in childhood mental illness. A majority of parents do not recognize symptoms of psychological disorder in their children, and current policies and programs for mental health service delivery are not sufficiently responsive to the early help-seeking dynamics of families. Using a concurrent mixed methods design, this study explored how parents in the Pikes Peak region of Colorado learned to recognize their child's mental illness. Phenomenological interviews, augmented by poetic inquiry and quantitative measurements, were used to discover factors that …

Improving Pain Management For Hospitalized Patients, Ronda Sweet

Walden Dissertations and Doctoral Studies

Uncontrolled pain has proven effects on both physiological and psychological responses of hospitalized patients. These incapacitating sequelae most often negatively impact patient outcomes resulting in unnecessary suffering and prolong hospitalizations. First line nurses often have preconceived notions about a patient's pain without developing an individualized patient context that considers appropriate pain management knowledge translated from best practice standards. Guided by Bandura's social learning theory and Lippitt's change theory, the purpose of this quality improvement project was to determine if use of the Curriculum Outline on Pain for Nursing from the International Association for the Study of Pain (IASP) improved nursing …

Assessing Nurse Manager Competencies In A Military Hospital, Ruby O. Anderson

Walden Dissertations and Doctoral Studies

Military health care organizations need competent frontline managers with knowledge and skills to manage health care complexity and ensure evidence-based practice. With systematic, planned turn over of military managers, more civilian managers are needed to fill permanent positions in military hospitals. The purpose of this project was to provide a better understanding of the competencies perceived by nurse managers at a military medical center and whether they differed by military or civilian status. The American Organization of Nurse Executives competency model and framework provided the theoretical framework for the project. The design was nonexperimental, with an observational, descriptive, cross-sectional approach. …

Equipping Teachers To Meet The Needs Of Students With Emotional And Behavioral Disorders, Christie Mcduffee Elam

Walden Dissertations and Doctoral Studies

The increase of students with an emotional and/or behavioral disorder (EBD) and the increased time they are in the regular education classroom presents multiple challenges for untrained regular classroom teachers. At the local site it was noted that leadership needed a deeper understanding of the practices used by the teachers with EBD students. The purpose of this study was to identify educator's descriptions of effective instructional strategies when working with EBD students. Using Vygotsky's theories of defectology and zone of proximal development as the framework, the guiding questions for this study focused on training, instructional strategies, and behavior management tools …

Understanding Strategic Planning: Why Nonprofit Organizations Struggle In The Current Era Of Privatization, Trunnis Goggins

Walden Dissertations and Doctoral Studies

Several studies suggest that nonprofit organizations that compete with for-profit organizations to deliver public services struggle to obtain mission clarity and face resistance by staff and volunteers when implementing traditional for-profit business planning procedures. The purpose of this study was to extend the Austrian theory of entrepreneurism and Bourdieu's social practice theory to identify particular procedural functions during the strategic planning process that played a role in the struggle of nonprofit organizations to obtain mission clarity. This study focused on nonprofit organizations that delivered residential services to disabled individuals in the state of Indiana. Data collected included 15 face-to-face interviews …

Influence Of Overweight, Obesity, Social Support, And Self-Efficacy On Breastfeeding Outcomes Among African-American Women, Elizabeth Hoo

Walden Dissertations and Doctoral Studies

Breastfeeding reduces morbidity and mortality among mothers and children, yet African-American women breastfeed at lower rates than women of other racial and ethnic groups do. Higher rates of overweight, obesity, and low socioeconomic status may be contributing factors in this population; however, limited research exists regarding the roles of maternal overweight and obesity on breastfeeding outcomes. The purpose of this study was to examine whether social support and self-efficacy positively influence breastfeeding outcomes among overweight and obese African American women. Self-efficacy and social support theories provided the theoretical framework for the study. Research questions examined whether (a) maternal overweight and …

The Leadership Experiences Of Immigrant Nigerian Women In New York City, Osinachi Muoka

Walden Dissertations and Doctoral Studies

Nigerian women face numerous cultural difficulties in their quest to attain leadership positions in Nigeria, a developing country. They are often overlooked in favor of men due to politics, religious beliefs, education, and bias in gender roles. When Nigerian women emigrate to a new country, the challenges are even greater. Although several United States policies impact the ability of a female immigrant to attain a leadership position 'the Equal Pay Act, Affirmative Action, and the Equal Employment Opportunity Act' little research has examined the challenges that affect their quest to attain leadership positions in the United States. This study explored …

Perceptions Of Stroke Risks Among West African Male Immigrants In San Diego, Lawrence Agi

Walden Dissertations and Doctoral Studies

The incidence and knowledge of the risk factors of stroke across ethnic groups in the United States have been examined in multiple studies. However, it is not well known if the foreign-born African immigrants who constitute about 4% of the U.S. immigrant population are at a higher risk of the incidence of stroke than are other nonimmigrant population in the U. S. This ethnographic study explored the perceptions of Anglophone African male immigrants residing in San Diego on the risk factors of stroke. The theoretical framework for this study included the health belief model and the health promotion model. Data …

The Effects Of Reader's Theater On Reading Comprehension And Fluency Of Fifth-Grade Students, Laura Ashley Black

Walden Dissertations and Doctoral Studies

According to the National Institute of Child Health and Human Development, an estimated 75% of students who are poor readers in 3rd grade continue to be poor readers in 9th grade. Although much research has been conducted on this topic, engaging and successful reading programs that put theory into practice are scarce. Reader's theater is a strategy students use to collaborate, rehearse, and critique one another while the teacher offers support and modeling. The research questions addressed the effectiveness of using Reader's Theater to improve scores in reading fluency and comprehension. LaBerge and Samuels' automaticity theory was used as the …