Digital Commons Network^™

Knowing When Not To Fight, David Luban

Georgetown Law Faculty Publications and Other Works

Should military personnel (“soldiers”) become selective conscientious objectors to an unjust war? This chapter argues, first, that in most cases the fog of war and politics makes it unreasonable to expect soldiers to make fact-intensive judgments about whether the war is just. Second, it argues that even a justwar tribunal, of the sort proposed by Jeff McMahan, will not do the job. It will inevitably lack the legitimacy and fact-finding capacity necessary to reassure soldiers in such a weighty decision. Third, the moral importance of maintaining civilian control of the military means that soldiers should generally obey orders to deploy. …

Pay It Forward? Law And The Problem Of Restricted-Spending Philanthropy, Brian Galle

Georgetown Law Faculty Publications and Other Works

American foundations and other philanthropic giving entities hold about $1 trillion in investment assets, and that figure continues to grow every year. Even as urgent contemporary needs go unmet, philanthropic organizations spend only a tiny fraction of their wealth each year, mostly due to restrictive terms in contracts between donors and firms limiting the rate at which donations can be distributed. Law has played a critical role in underwriting and encouraging this build-up of philanthropic wealth. For instance, contributors can typically take a full tax deduction for the value of their contribution today, no matter when the foundation spends their …

Law's Emotions, Robin West

Georgetown Law Faculty Publications and Other Works

The emerging interdisciplinary field of “Law and Emotions” brings together scholars from law, psychology, classics, economics, literature and philosophy all of whom have a defining interest in law’s various relations to our emotions and to emotional life: they share a passion for law’s passions. They also share the critical premise, or assumption, that most legal scholars of at least the last half century, with a few exceptions, have mistakenly accorded too great of a role to reason, rationality, and the cool calculations of self interest, and have accorded too small a role to emotion, to the creation, the imagining, the …

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 Relationship Between Leader-Member Exchange And Organizational Citizenship Behavior In A Federal Government Organization, Shawn Boockoff

Theses and Dissertations

This applied dissertation was a study of the relationship between leader-member exchange (LMX) and organizational citizenship behavior (OCB) in a federal government organization in Washington, DC. As a result of the organization’s business and leadership challenges, understanding the relationship between a leader and a follower and extra-role behaviors may help to understand how high-quality relationships are developed with staff members that are productive and motivate staff to extend their efforts beyond normal expectations. Productive high-quality relationships demonstrate loyalty, consideration, and affect towards the organization and its leaders. Understanding the relationship between LMX and OCB in a federal government organization may …

Social Worker Experiences Serving At-Risk Youth With Emotional And Behavioral Disabilities, Sherriese S. Anderson

Theses and Dissertations

This dissertation was a qualitative study of school social workers who worked with special needs adolescent youth with emotional and behavioral disabilities in a public high school. This study centered on the experiences of 10 social workers in a public high school in New Jersey. All 10 school social workers were interviewed individually to uncover (a) how they perceived the school social worker's role within the public school setting, (b) the lived experiences of school social workers who worked with special needs youth with emotional and behavioral disabilities, and (c) why they desired to continue working with at-risk special needs …

The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins

Faculty Publications

The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems) space to heal on their own. Climate change is altering the landscape everywhere on the globe, rendering the hands-off approach no longer sufficient. Active interventions will become more necessary as we get further into the changing climate. Taking decisive action in response to climate change will also require a fundamental shift in our approach …

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.

Contributors

The Bridge

No abstract provided.

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 …

Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber

Hofstra Law Faculty Scholarship

Community Economic Development (“CED”) and community-based social justice non-profits more generally have been criticized by social justice lawyers, legal scholars, practitioners, and activists, who charge that these efforts too often overlook the structural drivers of inequality, strip social justice movements of their confrontational, activist politics, and fail to give community members meaningful control over their programs. Over the past decades, anti-authoritarian activists — perhaps most famously known through Occupy Wall Street — have developed new frameworks for social change movements based on philosophical commitments to horizontalism, autonomism, and prefigurative politics. Many anti-authoritarian activists have turned their attention to creating community-based …

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

Hofstra Law Faculty Scholarship

No abstract provided.

Modern Critiques Of Judicial Empathy: A Revised Intellectual History, Brenner M. Fissell

Hofstra Law Faculty Scholarship

The role of "empathy" haunts recent debates about how judges make decisions. Remarkably, however, the intellectual origins of scholarly resistance to empathic judging remain poorly understood. This Article fills that gap. Through historical and theoretical study, it reveals the ways in which the modern anti-emphatic consensus can be seen as a mutated descendent of late-nineteenth century formalism. This Article also marks an irony with significant implications for the empathy debate: Although the anti-empathic view was born offormalism, it has drifted from its source such that it would almost certainly be condemned by the very formalist scholars from whom it is …

Flow And Performance Competency In Modern And Ballet Dancers, Ella Wilson

Scripps Senior Theses

A qualitative investigation is proposed to examine flow experiences in professional ballet modern dancers in order understand the nature of this psychological experience. It is not well understood where and when professional dancers experience flow, and whether or not their subjective experience is correlated to what an audience evaluates in a dancer’s performance. The study of performance quality and subjective experience of the dancer has not been studied within the dance movement analysis literature. This is an important topic to research to further understand what factors facilitate or debilitate a professional dancer’s well-being. This study aims to determine any facilitating …

Social Comparison And Self-Presentation On Social Media As Predictors Of Depressive Symptoms, Janet L. Uhlir

Scripps Senior Theses

Social media, an online arena for social behaviors such as self-presentation and social comparison, may have effects on users’ mood and mental health. Favorably presenting oneself is linked to positive outcomes such as higher self-esteem, whereas social comparison, in general and specifically upward social comparison to higher-performing others, is related to feelings of inadequacy, envy, and depression. Social comparison may explain the “Facebook depression effect,” acting as a mediator between time spent on social media and depressive symptoms. A correlational study is proposed that will ask 200 participants to report their time spent on various social media sites, self-presentation of …

Nostos: On Recollecting Loss And The Physical Manifestation Of Loss, Stephanie M. Huang

Scripps Senior Theses

This paper examines nostalgia in photo-poetry book Nostos, and nostalgia’s existence as a theoretical global condition arising from displacement, looking at nostalgia specifically not as a yearning for home, but a yearning for a lost sense of feeling at home. It traces the lineage of image-text hybrid art practices and examines the significance of conveying meaning through both synergistically. It studies the psychoanalytic process of transforming loss into object, or absence into presence, ultimately using the object as a lens to view oneself and the way in which nostalgia manifests itself.

Stressful Scriptures: Gender Role Ideology, Gender Role Stress, And Christian Religiosity, Tess A. Lommers-Johnson

Scripps Senior Theses

The Gender Role Stress paradigm asserts that individuals experience distress when they cannot or do not want to live up to the roles prescribed to their gender, and this stress is related to Gender Role Ideology. Within American Christian culture, gender roles are socialized and shaped according to tradition and the Bible. To investigate the intersection of these factors, Christian adults will respond to questionnaires about their Gender Role Ideology, Gender Role Stress, and religiosity. Significant positive correlational relationships between Gender Role Ideology and Gender Role Stress, between religiosity and Gender Role Ideology, and between religiosity and Gender Role Stress …

The Influence Of Advertisement Music On Gender Identity And Sex Stereotyping In Young Girls, Ellen S. Pelos

Scripps Senior Theses

This paper proposes a study that investigates whether manipulating pitch and tempo in children’s toy advertisement music has an effect on gender identity and sex stereotyping in preschool-aged girls. This particular intersection between advertisement, persuasion, gender identity, and sex stereotyping scholarship has not yet been explored. However, past research does suggest that high pitch and fast tempo have a significant positive impact on mood and arousal, two factors associated with more susceptibility to persuasive messages. The 3- to 4-year-old female participants will be randomly assigned to one of the nine advertisement conditions. The music in the ads for each condition …

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 …

The Philosophy Of Mathematics: A Study Of Indispensability And Inconsistency, Hannah C. Thornhill

Scripps Senior Theses

This thesis examines possible philosophies to account for the practice of mathematics, exploring the metaphysical, ontological, and epistemological outcomes of each possible theory. Through a study of the two most probable ideas, mathematical platonism and fictionalism, I focus on the compelling argument for platonism given by an appeal to the sciences. The Indispensability Argument establishes the power of explanation seen in the relationship between mathematics and empirical science. Cases of this explanatory power illustrate how we might have reason to believe in the existence of mathematical entities present within our best scientific theories. The second half of this discussion surveys …

Measuring Adherence With Antidepressant Medication: Comparison Of Hedis And Pdc Methodologies, Carmen Monica Telinoiu

Open Access Master's Theses

Depression is a significant problem for the managed care system. Antidepressant medication helps ameliorate the symptoms of depression yet adherence to medication is known to be poor. The current approach to adherence measurement (i.e HEDIS) is limited or lacking. Other methods are used (e.g Proportion of Days Covered –PDC) in other chronic diseases to measure adherence. Medication adherence is a growing concern for clinicians and other health care stakeholders (e.g payer) because of the increasing evidence that non-adherence is prevalent and places patients at an increased risk for adverse health outcomes and higher cost of care.

We conducted a retrospective …

Investigating Coastal Recreation And Climate In The Coastal Lagoons Of Rhode Island, Usa: A Multi-Methods Approach, Emily Patrolia

Open Access Master's Theses

Recreational use of the coastal lagoons in Rhode Island is one of the major factors that makes the southern part of the state a tourism-dependent economy. The coastal lagoons (also known as salt ponds) are highly valued for a wide range of recreational activities such as fishing, clamming, boating, and water tubing. Weather considerably affects an individual’s decisions to recreate outside, especially on the water. Climate change will affect the weather in Rhode Island, thereby affecting when, how, and how much people recreate in the coastal areas of the state. Understanding both short- and long-term variance in coastal recreation could …

Graphical User Interface For Antimicrobial Peptide Database, Tripti Garg

Open Access Master's Theses

This thesis describes the design and implementation of Anti-Microbial Peptide Editable Database (“AMPed”), a tool to enable researchers to efficiently search, display, manipulate and store data about antimicrobial peptides. The tool is implemented as a secure website, created primarily using PHP and MySQL. The website exposes the data collected from a wide variety of sources via a set of common rules and nomenclature making it easy and intuitive for researchers to work with it. The website was evaluated on a variety of web browsers, as well as with a variety of users. It solves the need of non-technical users who …

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 …

Controlling Marine Debris: An Exploration Of The Responsible Behavior Of Recreational Users In Rhode Island, Sarina Lyon

Open Access Master's Theses

Like many other coastal communities, people are attracted to Rhode Island’s waters for the range of recreational activities available among the diverse marine habitats. This large influx of people to coastal areas leads to increased threats to the marine environment. One prominent issue is the presence of debris in the ocean, which is predominantly a result of land-based sources such as runoff or trash left by coastal visitors. Among the debris items in the ocean, plastic is the most persistent due to its chemical composition. For this reason and the difficulty in cleaning up the waste, marine debris is a …

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 …

Perceptions Of The Block Island Wind Farm Process: Perspectives From Those Involved, Joseph Dwyer

Open Access Master's Theses

Renewable energy technologies (RETs), such as offshore wind, are facing the dilemma of relatively strong national support, yet formidable local opposition, especially concerning siting decisions. This research uses the Block Island Wind Farm (BIWF) as a case study example to analyze the public engagement process that led to the BIWF. This study attempts to find rationales for the public’s support or opposition of the project based on certain aspects of the process, rather than solely examining oppositional viewpoints. Through 19 in-person interviews, state officials, the private development team, and public stakeholders were asked about their expectations as they began the …

Situating Genre On Youtube: We Rant, We Laugh, We Conquer?, Emma Gabriele

Open Access Master's Theses

This body of research seeks to understand iterations of ranting manifest via YouTube video blogs through a rhetorical lens. I employ comparative theory to develop a description of the rant as a recurring typology, equipped with excremental metaphors inspired by Burke’s concept of catharsis. I then differentiate YouTube vlog ranting from ‘live’ ranting by applying Carolyn Miller’s theory of genre as social action. Using Miller’s paradigm, I turn to contemporary research in media studies and humor communication, in order to develop a methodology equipped to analyze YouTube vlog rants as generic texts. I contend that the meaning constructed in YouTube …

Account-Making By Victims Of Intimate Partner Violence (Ipv), Robin A. James

Open Access Master's Theses

This research explores the published memoirs of six survivor’s accounts of Intimate Partner Violence (IPV) utilizing Harvey, Orbuch, and Fink’s (1990a) Account-Making in Response to Severe Stress model with focus on the final stage of the model, Identity Change. The authors theorize that when the trauma survivor achieves this development, she will have fundamentally altered beliefs compared to when the abuse occurred. The consequence of failing to successfully engage in the final stage of Identity Change is Failure to Learn/Adapt, with the contention that the individual will repeat the stress and have a maladaptive response pattern.

This research was …