Digital Commons Network^™

Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau

Faculty Scholarship

In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …

Foreign Investors In U.S. Mutual Funds: The Trouble With Treaties, Jeffrey M. Colon

Faculty Scholarship

The United States is generally a tax haven for foreign portfolio investors: the United States exempts from tax most U.S. source interest and capital gains, but taxes dividends from U.S. companies; tax treaties generally eliminate U.S. tax on interest and reduce the 30% statutory rate on dividends. Foreign investors in U.S. mutual funds have not been treated as favorably. Fund distributions (other than of net capital gains) were originally treated as taxable dividends, regardless of the fund’s underlying income. Interest or short-term capital gains earned by the mutual fund — which would have been tax exempt if directly earned by …

Invisible Taxpayers, Linda Sugin

Faculty Scholarship

The paradigm tax dispute involves a taxpayer on one side and the government on the other. In that traditional dyad, only the taxpayer matters, even though the interrelatedness of taxpayers across the fiscal system means that the outcome of any one dispute often affects the interests of many other taxpayers. Yet everyone else is invisible to the legal system, without enforceable rights in the administrative or judicial structure. This article focuses attention on such invisible taxpayers and what justice for them would require. It proposes a theory of tax injury that is determined by “legal shares” and argues that conventional …

The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene

Faculty Scholarship

In Walker, the Court deemed Texas’ specialty license plate program government speech, and thus applied no First Amendment review to the state’s refusal to allow a Confederate battle flag specialty plate, even though the reason for the refusal was that the plate was offensive. The dissent considered this unconstitutional viewpoint discrimination in a limited public forum. This article argues that the Walker result was correct, but for the wrong reason. Government should have the power to forbid hateful or vulgar speech from limited public forums such as specialty or vanity license plates, transit ads, and after-school extracurricular activities, even though …

Inherent National Sovereignty Constitutionalism: An Original Understanding Of The U.S. Constitution, Robert J. Kaczorowski

Faculty Scholarship

No abstract provided.

Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce

Faculty Scholarship

In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …

Prosecutorial Accountability 2.0, Bruce A. Green, Ellen Yaroshefsky

Faculty Scholarship

No abstract provided.

Gender Indicators As Global Governance: Not Your Father's World Bank, Catherine Powell

Faculty Scholarship

No abstract provided.

Lincoln's Trident: The West Gulf Blockading Squadron During The Civil Ward, John Beeler

Civil War Book Review

Prosecuting the Union Naval Blockade

This book is the third installment of Robert Browning Jr.’s exhaustive history of the Union Navy’s Civil War blockade of the South, previous volumes having surveyed the activities of the North Atlantic (1993) and South Atlantic (2002) Blockading Squadro....

Lincoln And The Thirteenth Amendment, H. Robert Baker

Civil War Book Review

Lincoln’s Constitutionalism

In this splendid little book, Christian G. Samito surveys Lincoln’s eventual support of ending slavery by constitutional fiat. Scholars have long argued about Lincoln’s true feelings on slavery, and Steven Spielberg’s blockbuster biopic proves that this question....

Reading Teacher's Perceptions Of The Implementation Of Third-Grade Reading Guarantee, Sheila Heard Ray

Walden Dissertations and Doctoral Studies

State legislators in the Midwestern United States implemented a Third Grade Reading Guarantee law to prevent the promotion of Grade 3 students with poor reading skills to Grade 4. As a result, schools implemented innovative reading interventions, thereby driving a need to determine teachers' concerns and levels of use (LoU) of these innovative interventions. The purpose of this qualitative case study was to understand Grade 3 reading teachers' stages of concerns (SoC) and LoU in implementing reading interventions, and teachers' comprehension of the innovation configurations, in view of the new Third Grade Reading Guarantee law. The conceptual framework used to …

Effectiveness Of The Kimberley Process And Corporate Social Responsibility In The U.S. Jewelry Industry, Robert Previti

Walden Dissertations and Doctoral Studies

The United States jewelry industry recognized that the illegal import and trade of conflict diamonds is a matter of serious international and national concern, leading to human rights abuse. As such, human rights and conflicts became the primary impetus for establishing the Kimberly Process (KP) and corporate social responsibility (CSR) policies. The purpose of this quantitative study was to investigate the effectiveness of the KP and CSR policies in deterring the use of conflict diamonds in the U.S. jewelry industry. This study was an investigation as to whether conflict diamonds are entering the U.S. jewelry supply chain and a review …

The Impact Of Self-Efficacy On Retention In Technical Colleges, Percy W. Reed

Walden Dissertations and Doctoral Studies

Vocational and career training institutes focus their energy and resources on student support services, increasing student retention as it relates to minority populations. Despite these efforts, a specific vocational and career institute in the southeast United States reports a 50% retention rate of students who are enrolled. This case study explored students' descriptions of how self-efficacy supported their perseverance while attending the vocational and career training institute. The conceptual framework included Bandura's notions of self-efficacy and Tinto's integration model. Purposeful sampling strategies were used to interview 10 successfully-retained students enrolled in their 4th term or beyond at the vocational and …

The Impact Of Gender And Focal Concerns Theory On The Treatment Of White-Collar Defendants By Federal Judges, Brandon Michael Roberts

Walden Dissertations and Doctoral Studies

Previous research found gender to be a primary consideration of judges in terms of actions towards defendants. Blameworthiness, the combined effect of criminal history, offense severity, and the defendant's role in the criminal event, is also known to impact judge's actions. Little, though, is known about how gender and blameworthiness, combined, may be related to judges' actions towards white-collar defendants. The purpose of this case study, therefore, was to explore whether defendant gender and blameworthiness impact judicial actions towards defendants charged with white-collar crime(s) in a federal district court of New York. The theoretical framework was Demuth and Steffensmeier's theory …

A Comparative Study Of Two Instructional Models In Developmental Education Writing Programs, Barbara Ann Roseborough

Walden Dissertations and Doctoral Studies

Low college readiness among high school graduates is a national problem. A significant percentage of graduates are referred to courses designed to remediate deficiencies in the basic skills of reading, writing, and mathematics. Initiatives designed to improve the student experience in remedial and developmental programs have focused on the use of technology. Although technology has been used in the teaching of writing, research has not shown that this method is an improvement when compared to the lecture-based approach to teaching writing. The purpose of this nonexperimental quantitative study was to examine the impact of a technology-based writing program on student …

Impact Of Simulation On Nurses' Satisfaction, Confidence, And Communication In Neonatal Resuscitation, Kathryn Rudd

Walden Dissertations and Doctoral Studies

Teamwork and communication in clinical practice improves with simulation using the TeamSTEPPS program. However, there is limited research about simulation efficacy for improving neonatal resuscitation through enhanced communication. Based on a needs assessment and literature review specific to quality improvement strategies for neonatal resuscitation, an enhanced neonatal resuscitation provider (NRP) course was infused with TeamSTEPPS communication strategies, and an NRP case was adopted for simulation training. Also, utilizing clinician feedback, the flow of the resuscitation documentation was revised. The purpose of this project was to evaluate the perceived level of confidence, satisfaction, and communication skills in nurses performing neonatal resuscitation …

College Transition Experiences Of Homeschooled Women, Jeanine L. Sanclemente

Walden Dissertations and Doctoral Studies

During the past 40 years, the U.S. homeschooling population rose exponentially. The results of homeschooling need to be studied further so that parents, legislators, and higher education leaders can make prudent and well-informed decisions regarding homeschooled students. No studies have been completed that focus on the unique experiences of homeschooled women as they transition to college in terms of academics, forming new relationships, and individuating from their families. The purpose of this phenomenological study was to explore academic and relational processes during the transition to college. In this qualitative dissertation based on constructivist design and in the conceptual framework of …

School Community Members' Perceptions Regarding Lgbt-Based Bullying, Harassment, And Violence, Steven W. Street

Walden Dissertations and Doctoral Studies

In Tennessee, a majority of students who identify as Lesbian, Gay, Bisexual, or Transgender (LGBT) do not feel safe due to bullying and harassment that is targeted toward them by their peers. Schools, such as MTS school (a pseudonym), are not required to specify protection for LGBT students, causing the LGBT bullying to continue without being reported and resulting in higher absences, lower achievement, greater mental health issues, and in some cases, suicidal ideation among LGBT students. Through confidential personal interviews that were transcribed and coded, this case study's purpose was to better understand how MTS adult stakeholders perceive (a) …

Transitional Planning And Homelessness Of Youths Emancipated From Foster Care, Sharon Patricia Sutherland

Walden Dissertations and Doctoral Studies

Previous research has indicated that approximately 25% of the 30,000 youths emancipated from foster care each year experience negative outcomes including poor education attainment, limited employment opportunities, homelessness, lack of access to healthcare, and poor social networks. Despite the existence of federal legislation that requires foster care agencies to assist foster youths to make the transition to independent living, research has revealed that the current transitional planning process is not effective. There is a gap in the current literature regarding qualitative research on youths' shared experiences of the transitional planning process as they transit out of foster care. This study …

Reducing Length Of Hospital Stay For Intellectually Disabled Psychiatric Patients With Chronic Medical Problems, Joseph Wigwe

Walden Dissertations and Doctoral Studies

Length of hospital stay (LOS) is a major indicator for measuring efficient care. Intellectually disabled psychiatric patients (IDPP) with chronic medical problems have longer LOS due to challenges faced by providers in jointly managing both psychiatric and medical problems. The purposes of this study were to understand the significance of LOS for IDPP, create an intervention toolkit to reduce LOS, establish the content validity of the toolkit, and recommend its implementation. The items of the toolkit are pharmacology, somatic, rehabilitation, psychosocial, and monitoring patients' psychiatric and medical symptoms across care domains. The toolkit was created from the constructs of the …

Unique Barriers Faced By First-Generation Adult Learners, Paulette Williams

Walden Dissertations and Doctoral Studies

There has been an increase in the number of first-generation adult learners in higher education institutions. However, literature has revealed limited information on the experiences of first-generation adult learners and their perception of the barriers they face in higher education. The purpose of this phenomenological study was to examine the experiences of 6 first-generation adult learners attending a higher education institution and their perception of the barriers they faced. The theoretical foundations were andragogy theory and social-cognitive career theory. Data were collected using purposeful interviews and data were analyzed using iinterpretative pphenomenological aanalysis. Five detailed patterns were identified: (a) students …

Examining Alignment Between Canadian Municipal Police Performance Evaluation Policies And Officer Perceptions, Birdella Wilson

Walden Dissertations and Doctoral Studies

A lack of alignment between police performance evaluation policy purposes and officer performance evaluation perceptions has implications for the organizations' resource management, officer morale, and public safety. A literature review points towards a gap existing between policy purpose statements and employee perceptions. The purpose of this study was to investigate the relationship between the policy purposes of police performance evaluations and the officers' perceptions of those evaluation experiences in 4 Ontario municipal police services. DiMaggio and Powell's (1983) Institutional theory was the foundation for this study. Data for this study were collected from 4 police services in Ontario, Canada. The …

Teachers' Perceptions Of School Violence: A Case Study, Jessica Anderson

Walden Dissertations and Doctoral Studies

School violence has gained attention in recent years with the rise of aggressive behavior in schools across the United States. With increased understanding of this problem, school district administrators might implement prevention strategies or assess current school violence policies and programs. Using the conceptual framework of general strain theory, a case study was conducted in an urban school district in the northeastern United States that was experiencing increased student violence. The purpose of this case study was to explore teachers' perceptions of school violence to increase the understanding of the problem at the study site. All certified teachers in the …

Preparing Employees For Entrepreneurship In Retirement: A Case Study, Samuel Omonowa Aikhuomogbe

Walden Dissertations and Doctoral Studies

In Nigeria, 92% of retirees live in poverty because of insufficient preparation for entrepreneurship that could serve as an alternative income in retirement. Guided by the human capital theory, the purpose of this case study was to explore how 15 civil service employees in Grade Levels 15-17 at the public service attained small scale business information before retirement. All employees had knowledge, training, and experience in small-scale business operation. Fifteen employees participated in individual interviews and 5 participated in a focus group; data were also gathered from, employee training records, organizational policy documents on training, and public service documents regarding …

Exploring An African American Principal's Cultural Leadership Effects On Closing The Achievement Gap, Doristine Cornelius

Walden Dissertations and Doctoral Studies

Closing the achievement gap is a key concern for educational leaders. Research has indicated that principals’ actions directly and indirectly influence student learning. The purpose of this case study was to explore cultural leadership in an urban Mississippi high school from an African American’s racialized perspective. The cultural competency/proficiency theory provided the conceptual framework for this study. Successful leadership practices of this African American principal were examined through the principal and through the perceptions of teachers and the assistant administrator. A researcher-developed questionnaire was content validated and given to a purposeful sample of 17 individuals: the principal, assistant principal, and …

Servant Leadership And Non Servant Leadership Organization Triple Bottom Line Reporting Outcomes, Lydia M. Daniels

Walden Dissertations and Doctoral Studies

The competitive environment of the 21st century, failure of U.S. companies, and the financial crisis of 2008 have moved leadership expectations to the forefront of research. However, there is a lack of empirical research about organizational reporting outcomes of self-identified servant leadership (SL) organizations compared to self-identified nonservant (non-SL) organizations. Guided by Greenleaf's SL theory, the purpose of this study was to compare information on organizational data for triple bottom line (TBL) reporting outcomes in SL organizations and non-SL organizations. Using causal comparative research design and global reporting initiative data with a sample of 12 organization reports, reporting outcomes were …

Prescribing Hiv Prep And The Need For Education Among Care Providers, Martin Kokou Logo

Walden Dissertations and Doctoral Studies

Preexposure prophylaxis (PrEP) is an innovative biomedical approach that has been used over the past 6 years to avert the spread of human immunodeficiency virus (HIV). Under-prescribing of PrEP could increase the probability of HIV exposure among serodiscordant couples/partners and those who do not practice safe sex. Previous PrEP research has not assessed the association between awareness of PrEP, years of experience of providers, provider types, and the frequency of PrEP prescription among physicians. Precaution adoption model framed this study, which aimed to evaluate the bond between the independent variables relating to awareness of PrEP, years of experience, and provider …

Multiculturalism In United States Higher Education Institutions: The Lived Experiences Of Enrolled International Students, Loretta Arian Ragsdell

Walden Dissertations and Doctoral Studies

Since 2006, international student enrollment in U.S. higher education institutions has increased significantly, which has precipitated an increase in the institutions' multiculturalism. A mechanism to facilitate the integration of students of different cultures within a multicultural institution would be valuable to fostering positive educational experiences for all students. The purpose of this phenomenological study was the inclusion of multiculturalism within U.S. higher education institutions. Banks' multiculturalism theory provided the study's conceptual framework. Six international students were interviewed, and their responses were analyzed to answer 2 research questions concerning the lived experiences of international students enrolled in U.S. higher education institutions …

A Composite Index To Measure Integration Of Global Business Citizenship, Linda L. Sanner

Walden Dissertations and Doctoral Studies

Among the top Fortune 100 U.S. companies, 97% claim to be global business citizens, primarily based on self-evaluated qualitative criteria. The purpose of this quantitative cross-sectional survey design study was to develop a self-administered survey and apply it to calculate a composite index rating that assesses the maturity level a company has attained toward becoming a global business citizen. The theoretical framework underpinning the research was based on the theory of global business citizenship (GBC) and accompanying four-step implementation process. The GBC theory was utilized to develop the research survey consisting of 1 qualifying question and 22 Likert-type questions. The …

A National Mixed Methods Research Study: Defining Reasonable Accommodations In Higher Education For Adult Students With Disabilities, Anita Schwartz

Walden Dissertations and Doctoral Studies

The purpose of this study was to examine the perceptions that differ among university personnel and students with disabilities regarding the vagueness in the legal definition of the term reasonable accommodations. The theoretical framework that guided this study was the social model of disability. Using a sequential mixed-method design, the first strand surveyed 98 students and 93 personnel; then 10% of each group participated in an interview or focus group. The main research questions explored the different accommodations offered by university personnel versus those that were used by students and the different perceptions of the term reasonable accommodations in accordance …