Digital Commons Network^™

Wächter, Carl Georg Von, Ralf Michaels

Faculty Scholarship

Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …

No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

One of the most vexing conundrums of 21st century warfare has been not just the explosive growth in the use of human shields, but the apparent systemization of the tactic, particularly by nonstate actors. In noting the international prohibition, the International Committee of the Red Cross (ICRC) defines the practice as the “intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives.”

A Theory Of Copyright Authorship, Christopher Buccafusco

Faculty Scholarship

The U.S. Constitution gives Congress the power to grant rights to “Authors” for their “Writings.” Despite the centrality of these terms to copyright jurisprudence, neither the courts nor scholars have provided coherent theories about what makes a person an author or what makes a thing a writing. This article articulates and defends a theory of copyrightable authorship. It argues that authorship involves the intentional creation of mental effects in an audience. A writing, then, is any fixed medium capable of producing mental effects. According to this theory, copyright may attach to the original, fixed, and minimally creative form or manner …

Roles Of Nitric Oxide On Epithelial To Mesenchymal Transition And Cancer Stem Cell Phenotypes In Anoikis-Resistant Lung Cancer Cells, Phattrakorn Powan

Chulalongkorn University Theses and Dissertations (Chula ETD)

The interconversion between epithelial and mesenchymal is proposed to be a key machinery responsible for metastasis-related deaths. Likewise, cancer stem cells (CSCs) have been proposed to be a key driver of tumor metastasis. The gaseous biological mediator nitric oxide (NO) is also reported to mediate metastasis. However, the linkage between the three events and their control mechanisms under detachment condition are unclear. Since an increase of E-cadherin was frequently found in mesenchymal to epithelial transition (MET) process, we used anoikis resistance H460 lung cancer cells (AR_H460) and a 3D tumor spheroid assay and other CSC-indicating assays to investigate the role …

Gentrification: Yes ... My Community Is Improving, But For Who?, David B. Shepherd

Cardozo Journal of Equal Rights & Social Justice

The note argues that while gentrification brings economic benefits, it disproportionately harms low-income families by displacing them and eroding their community fabric. The author advocates for regulatory measures, such as growth control and zoning laws, to mitigate these negative effects and preserve affordable housing and community culture.

Same-Sex Marriage, Italian Style, Matteo M. Winkler

Cardozo Journal of Equal Rights & Social Justice

The article examines Italy's exceptionalism in same-sex marriage rights through the lens of the Bernaroli case, highlighting the country's divergence from European legal trends. It argues that the Italian Constitutional Court's heteronormative interpretation of Article 29 of the Constitution, which prohibits same-sex marriage, reflects a broader resistance to recognizing same-sex unions despite international human rights standards. The case underscores the tension between domestic law and supranational legal frameworks, such as rulings from the European Court of Human Rights, which have increasingly supported the recognition of same-sex relationships. The article concludes that while Italy has made limited progress with its 2016 …

A Hurdle Too High: The Unconstitutionality Of Mandatory Ultrasounds Under Casey's Undue Burden Standard, Katarzyna Kordas

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory ultrasound laws impose an undue burden on women seeking abortions, violating the constitutional standard established in Planned Parenthood v. Casey. These laws, often enacted to dissuade women from proceeding with abortions, are deemed medically unnecessary and unconstitutional as they obstruct women's reproductive rights.

Thou Shall Not Adopt: Sexual Orientation Discrimination In The Adoption Process, Peter Gallucci

Cardozo Journal of Equal Rights & Social Justice

The note addresses the issue of sexual orientation discrimination in the adoption process, highlighting how religious-based adoption agencies often deny services to LGBTQ+ couples, despite the growing need for foster care placements. It critiques current laws that permit such discrimination and proposes an enhanced version of the Every Child Deserves a Family Act to ensure equal adoption rights while mitigating the impact on states and foster children.

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 …

Design, Fabrication, Operation And Aspen Simulation Of Oil Shale Pyrolysis And Biomass Gasification Process Using A Moving Bed Downdraft Reactor, Hassan Golpour

Doctoral Dissertations

"Energy is the major facilitator of the modern life. Every developed and developing economy requires access to advanced sources of energy to support its growth and prosperity. Declining worldwide crude oil reserves and increasing energy needs has focused attention on developing existing unconventional fossil fuels like oil shale and renewable resources such as biomass. Sustainable, renewable and reliable resources of domestically produced biomass comparing to wind and solar energy is a sensible motivation to establish a small-scale power plant using biomass as feed to supply electricity demand and heat for rural development. The work in Paper I focuses on the …

Effective Combat Leadership: How Do Individual, Social, And Organizational Factors In The U.S. Army Reserve Cultivate Effective Women's Leadership In Dangerous Contexts?, Diana Drita Ellerman

Antioch University Dissertations & Theses

This research centered on the experiences of a dozen women who served in U.S. Army Reserve leadership positions. Although they served in dangerous contexts the Army had an exclusionary policy at the time that formally excluded the women from direct combat. The impetus for the research was Secretary of Defense Leon Panetta's announcement in January 2013 that the U.S. military would be eliminating the exclusionary policy. The purpose of this study was to gain insight into what individual, social, and organizational factors support women's effective leadership in dangerous contexts. The research utilized narrative inquiry in order to bring forth the …

Intercultural Competence Development Through Civic Engagement, Ruta Shah-Gordon

Antioch University Dissertations & Theses

Today, the field of intercultural communication is becoming even more important.People are increasingly interacting more with others from around the globe, whether for work or recreation.Globalization is creating an increased interdependency between nations; it is critical that institutions of higher education develop leaders who are competent in cross-cultural awareness and practice, have a solid understanding of cultural differences and their effects on leadership performance, and are culturally sensitive to different perspectives (Northouse, 2010).Since many studies of intercultural competence development focus on study abroad experiences, this dissertation focuses on developing intercultural competence in college-aged students through civic engagement experiences.Through a mixed …

Incarcerated Men And The Etiology Of Intimate Partner Violence, Roxanne Swogger

Antioch University Dissertations & Theses

This study explored the lived experiences of 15 incarcerated men with a history of intimate partner violence.This qualitative grounded theory study revealed the impact significant loss in childhood, the most critical being the loss of a parent, had on these men.The results showed a significant loss set in motion a series of adaptive and maladaptive interpersonal behaviors with significant others, primarily parents and intimate partners that continued through adulthood and incarceration.The grounded theory dimensional analysis revealed five primary dimensions that described the dominant social processes described by the participants.These processes were:seeking, overcoming, blaming, controlling, and disengaging behaviors.The consequences of these …

A Method To My Quietness: A Grounded Theory Study Of Living And Leading With Introversion, Leatrice Oram

Antioch University Dissertations & Theses

Leadership scholar-practitioners must create a more sustainable, diverse, and equitable future, fostering emergence and development of resilient, competent leaders, including those who may have been previously overlooked.Leadership studies, particularly those situated in early trait and behavior paradigms, have long privileged extraverted leaders as ideal.The scholarly conversation is limited on introverted leaders; moreover, most of that literature depicts introversion as either a pathological construct associated with shyness and social anxiety, or includes introversion only by omission, as a state of deficit-of-extraversion.This study instead began with positive inquiry, framing introversion as a positive individual difference, and explored the lived experiences of introverted …

Racial Integration In One Cumberland Presbyterian Congregation: Intentionality And Reflection In Small Group, Carolyn Smith Goings

Antioch University Dissertations & Theses

Negative attitudes toward racial minorities and consequent maltreatment of non-Whites continue to be a crisis in America. The crisis of racism is still realized in phenomena such as residential segregation (Bonilla-Silva, 2014), health disparities (Chae, Nuru-Jeter, & Adler, 2012; Chae, Nuru-Jeter, Francis, & Lincoln, 2011), and in the not-so-uncommon unjust arrests and imprisonment of persons of color (Alexander, 2012). Improvement in race relations through the development of meaningful cross racial relationships in racially integrated settings is one avenue that may lead to reduction of racism (E. Anderson, 2010; Fischer, 2011; Massey & Denton, 1993). Christian congregations are common settings in …

Positive Organizational Leadership And Pro-Environmental Behavior: The Phenomenon Of Institutional Fossil Fuel Divestment, Abigail Abrash Walton

Antioch University Dissertations & Theses

Climate change is one of the most significant dynamics of our time.The predominant contributor to climate change is combustion of fossil fuels by humans.This study deepened understanding of organizational leaders’ role in enacting one approach to addressing climate change:institutional fossil fuel divestment.The study used a qualitative research design to explore U.S.-based foundation leaders’ readiness to pursue fossil fuel divestment by their institutions.The study examined leaders’ motivations and actions in pursuing divestment, while simultaneously exercising their fiduciary duty to steward institutional assets.Research questions focused on the divestment behavior change process and the outcomes of divestment on leaders and their organizations.Data collection …

Medication Assisted Treatment And The Three Legged Stool: Medical Providers, Chemical Dependency Professionals, And Clients, Steven Matt Magrath

Antioch University Dissertations & Theses

Opioid dependence has reached epidemic levels in the United States and around the world. With the increased prescribing of opioid pharmaceuticals and the influx of inexpensive heroin, the health care cost to society has topped $72.5 billion annually (Murphy et al., 2016). Opioid overdose deaths have now surpassed motor vehicle deaths and have tripled since 1990. In some age groups opioid overdose is the leading cause of death. This study seeks to analyze the only field that directly treats this primary brain disease: medication assisted treatment for opioid dependence. The three primary participants in this partnership include: (a) doctors and …

Canadian Nurse Leaders' Experiences With And Perceptions Of Moral Distress: An Interpretive Descriptive Study, Jodi-Rae Kortje

Antioch University Dissertations & Theses

Moral distress in nursing has been studied across many care contexts, yet there is a paucity of research on the experience among health care leaders.The purpose of this study was to understand the experiences and perceptions of moral distress in nurse leaders.This study used an interpretive description approach interviewing 32 Canadian nurse leaders about their experiences and perceptions of moral distress within their role as a leader and nurse.A constant comparative and thematic analysis process revealed three thematic patterns:(a) leaders suffer moral distress in similar and different ways from their employees; (b) relationships matter in the midst of coping and …

Frequencies Between Serial Killer Typology And Theorized Etiological Factors., Leryn R. Messori

Antioch University Dissertations & Theses

This study examined the association between serial killer typologies and previously proposed etiological factors within serial killer case histories. Stratified sampling based on race and gender was used to identify thirty-six serial killers for this study. The percentage of serial killers within each race and gender category included in the study was taken from current serial killer demographic statistics between 1950 and 2010. Detailed data was gathered about each case, including past experiences and details of their crimes using publicly available primary and secondary source material. Etiological factors identified for this study include military experience, alcohol use, drug use, whether …

Psychoneuroimmunology: Enhancing Treatment Efficacy And Reducing Sexual Offender Recidivism In Court-Mandated Treatment, Cameron F. Zeidler

Antioch University Dissertations & Theses

Despite astronomical costs, state-funded sex offender treatment has a sole purpose of protecting communities at large. Designed to treat sexual psychopaths, costly state risk management programs are required to use traditional, outdated treatment models, which lack empirical support, lack published research, and lack curricula written at the seventh grade reading level. Psychoneuroimmunology (PNI) eagerly proves to be a new modality for Psychoeducation (PE) enhancing treatment efficacy and reducing offender recidivism in court-mandated treatment. The distinction in the present study is the difference between PE alone (control group) and PE with PNI (experimental group). Specifically, this study investigated the extent to …

The Mutual Interaction Of Online And Offline Identities In Massively Multiplayer Online Communities: A Study Of Eve Online Players, Matthew J. Ponsford

Antioch University Dissertations & Theses

This phenomenological study was conducted to examine the ways that individuals experience massively multiplayer online games, and the interaction between online and offline identities. Ten members of the EVE Online community were interviewed about their experiences of the boundaries and crossovers between offline self and online character. Interviews were transcribed, coded, and analyzed for consistent themes. Themes drawn from the data fell into three over- arching categories: the Appeal of EVE, or the player motivations and qualities of the game environment that influence player investment; Self/Character Interaction, describing the ways in which online and offline identities interact; and Moral Dilemmas, …

An Exploration Of The Experience Of Female Same-Sex Marriage, Melissa Rose Mulick

Antioch University Dissertations & Theses

In June 2015 the Supreme Court of the United States ruled in favor of nationwide legalization of same-sex marriage. While same-sex marriage had previously been legalized in individual states, this ruling effectively increased the population of women legally married to other women. A review of research historically conducted on female same-sex relationships indicated that they were often fraught with heteronormative assumptions and biases, leaving the conclusions questionable at best. This dissertation used Amedeo Giorgi’s (2009) qualitative methodology of Descriptive Phenomenology in order to explore the essence of the experience of female same-sex marriage. Ten cisgender women who were legally married …

When Not To "Tie The Knot”: A Study Of Exogamous Marriage In Ezra-Nehemiah Against The Backdrop Of Biblical Legal Tradition, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

Denitrifying Bioreactors For Nitrate Removal: A Meta-Analysis, Kelly Addy, Arthur J. Gold, Laura E. Christianson, Mark B. David, Louis A. Schipper, Nicole A. Ratigan

Natural Resources Science Faculty Publications

Meta-analysis approaches were used in this first quantitative synthesis of denitrifying woodchip bioreactors. Nitrate removal across environmental and design conditions was assessed from 26 published studies, representing 57 separate bioreactor units (i.e., walls, beds, and laboratory columns). Effect size calculations weighted the data based on variance and number of measurements for each bioreactor unit. Nitrate removal rates in bed and column studies were not significantly different, but both were significantly higher than wall studies. In denitrifying beds, wood source did not significantly affect nitrate removal rates. Nitrate removal (mass per volume) was significantly lower in beds with <6-h hydraulic retention times, which argues for ensuring that bed designs incorporate sufficient time for nitrate removal. Rates significantly declined after the first year of bed operation but then stabilized. Nitrogen limitation significantly affected bed nitrate removal. Categorical and linear assessments found significant nitrate removal effects with bed temperature; a Q₁₀ of …

Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine

Belmont Law Review

Copyright is a unique species of the law, tethered in a very tangible way to what is largely an intangible: intellectual property. It should be no surprise then that any collection of laws governing property that can be literally created in a moment out of nothing but the mind of the creator, will ultimately have an eternal struggle keeping pace with that very thing it purports to govern. Historically, copyright law has been relegated to being the horse that is second to cross the finish line at the Kentucky Derby. The horse is indeed world class; however, it is simply …

Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David L. Hudson Jr., Emily H. Harvey

Law Faculty Scholarship

In the early 1960s, the Supreme Court of the United States adopted a high level of protection for religious liberty claims. The Court applied a version of strict scrutiny when evaluating governmental laws or regulations that burdened an individual's free exercise of religion. In 1990, the Supreme Court reversed decades of precedent and fundamentally changed the meaning and application of the Free Exercise Clause. In Employment Division v. Smith, the Court, in an opinion by Justice Antonin Scalia, determined that the Free Exercise Clause does not protect individuals from laws that donot target specific religious beliefs or practices. However, Justice …

First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr.

Law Faculty Scholarship

Several courts have declared that members of the public have a First Amendment-protected right to film or videotape the police. At least one legal commentator has posited that this right falls within three of the five textually-based freedoms of the First Amendment - the Speech, Press, and Petition Clauses. This right to receive information and ideas is a "corollary" of the right to speak that triggers the First Amendment interests of not only speakers, but also audiences. This right to receive information and ideas applies in the context of citizens recording the police. The public has a right to know …

Voices On Innocence, Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena Elizabeth Beety, Gregory M. Gilchrist, William W. Berry

Law Faculty Scholarship

In the summer of 2015, experts gathered from around the country to sit together and discuss one of the most pressing and important issues facing the American criminal justice system – innocence. Innocence is an issue that pervades various areas of research and influences numerous topics of discussion. What does innocence mean, particularly in a system that differentiates between innocence and acquittal at sentencing? What is the impact of innocence during plea bargaining? How should we respond to growing numbers of exonerations? What forces lead to the incarceration of innocents? Has an innocent person been put to death and, if …

Intercultural Legal Sensibility As Transformation, Raquel Aldana

McGeorge School of Law Scholarly Articles

In recent years the transformation of legal practice through globalization and shifting demographics in the United States have made the inherent cross-cultural nature of lawyering more apparent. As a result, law schools are being more intentional about the teaching of intercultural legal sensibility as part of the law school curriculum. This increased interest by U.S. law schools to train lawyers in intercultural legal sensibility calls for careful engagement by legal educators to define what intercultural legal sensibility should mean, to develop methodologies in response to the desired outcomes, and to measure their effectiveness. This article offers a reflection on what …

Imagining U.S. Labor Relations Without Union Security, Ann C. Hodges

Law Faculty Publications

Attacks on union finances are intensifying. These assaults, which come in various forms, have the potential to jeopardize the current systems of labor relations in the United States in both private and public sectors. This essay analyzes what might happen if the challenges are successful. Unions may shrink further in size or power, or alternatively, respond to new conditions in ways that strengthen them. Removal of union security might prompt legal change such as elimination of the duty of fair representation, elimination of the system of exclusive representation, or permitting the union to charge nonmembers for actual representation. These changes, …