Digital Commons Network^™

Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain

Law Faculty Publications

In this Response, I first engage with McLeod’s article, summarizing its key claims and endorsing its call for legislative action, while disagreeing at times with the analytical moves it makes along the way. I then turn to two questions that the article inspired. One stems from comments in the constitutional, academic, and public discourse calling for indifference to the way we treat the condemned in light of the way they treated their victims. Given the depravity of the crimes the condemned have committed, why should we care about the conditions under which they are housed on death row? The other …

Leveraging Narratives: Communicating Value With Qualitative Content, Roger V. Skalbeck

Law Faculty Publications

The contemporary law library is embodied by its information resources, physical space, technology infrastructure, and the people who make it all happen. Each of these elements can change dramatically with new information tools, shifting organizational demands and emerging service models.

Forward-Looking Family Law, Meredith Johnson Harbach

Law Faculty Publications

Reviewing June Carbone & Naomi Cahn, Marriage Markets: How Inequality is Remaking the American Family (Oxford University Press 2014), and Clare Huntington, Failure to Flourish: How Law Undermines Family Relationships (Oxford University Press 2014).

This essay reviews both books, describing their core arguments and innovative re- form proposals. Having surveyed their work, I agree with Carbone, Cahn, and Hunting- ton that the most urgent and politically-tenable reforms to family law involve enhancing investments for structural supports benefitting children. Both books shore up the instrumental and normative cases for such investment, and they also show how a renewed focus on children …

Virginia Practice Series: Jury Instructions, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Virginia Practice Series-Jury Instructions is a continuation and update of previous editions, which won widespread approval among the bench and bar for almost 40 years.

As in the past, this book is primarily confined to the most common areas of jury trial work, torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case records. Where this is not possible, we have set out instructions that should meet both the general rules regarding the form of instructions and the specific substantive legal rules. In the latter cases, close attention has been paid …

It’S Time For The Fourth Circuit To Rethink Deshaney, Dale Margolin Cecka

Law Faculty Publications

In 2015, the Fourth Circuit heard Doe v. Rosa, in which the parent plaintiffs sought to extend civil liability to the Citadel’s president, for failing to protect their minor sons from sex abuse inflicted by one of the Citadel’s employees. In dismissing the matter, the Fourth Circuit followed precedent set by the Supreme Court years ago in Deshaney. This interpretation of Deshaney, however, is no longer valid in light of the growing number of sexual misconduct cases involving educational institutions. Strictly applying Deshaney encourages schools to place their interests higher than the security of their students. In …

Inequity In Private Child Custody Litigation, Dale Margolin Cecka

Law Faculty Publications

This article explores the history and implications of a two-tiered system for adjudicating matrimonial-as opposed to nonmatrimonial- custody matters. As the author uncovered by calling every clerk's office in every major city in the country, matrimonial matters are under a different jurisdiction or part of court in nine states.' This differential treatment has implications for the outcome of private custody cases. It also reflects a bias in the administration of justice, based on race and socioeconomic class. Perhaps most importantly, it causes the government and other outside parties (such as court appointed guardians ad litem) to be more involved …

Diversity Without Integration, Kevin Woodson

Law Faculty Publications

The de facto racial segregation pervasive at colleges and universities across the country undermines a necessary precondition for the diversity benefits embraced by the Court in Grutter — the requirement that students partake in high-quality interracial interactions and social relationships with one another. This disjuncture between Grutter’s vision of universities as sites of robust cross-racial exchange and the reality of racial separation should be of great concern, not just because of its potential constitutional implications for affirmative action but also because it reifies racial hierarchy and reinforces inequality. Drawing from an extensive body of social science research, this article explains …

Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson

Law Faculty Publications

This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination — patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens …

"Let The Beauty Of The Lord Our God Be Upon Us": The Importance Of An Aesthetic In The Ritualized Visualizations Of The Israelite Cult, Dan Belnap, Daniel L. Belnap

Faculty Publications

I n recent years, there has been a growing understanding that ritual and ritual environments are not only platforms for symbolic understanding but also structures that have physiological effect as well.1 The physiological effects on the senses, whether consciously perceived or not, add to the overall religious experience. If this is the case, the aesthetics, or the recognition of the sensual effects, is also important. With that in mind, I’d like to suggest that a visual aesthetic played a role in the Israelite cultic experience. More specifically, that a pleasing visual aesthetic as demonstrated in the presentation of color and …

Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky

Articles

There is little question that law schools ought to teach their students professionalism – indeed, they are required to do so to maintain accreditation. And there is little question that the required legal writing and research course is one of the places it ought to be taught. But teaching students to adopt the norms of professional behavior — both in law school and after graduation — is a challenge to law faculties, and particularly to the experiential learning faculty who frequently are on the front lines of teaching professionalism. While there are many ways to teach students what professional and …

Exposing The Gendered Myth Of Post Conflict Transition: The Transformative Power Of Economic And Social Rights, Madeleine Rees, Christine M. Chinkin

Articles

Post conflict transition has become an industry, with a plethora of states, NGOs, experts, institutes, academics and U.N. bodies, all seeking to find the right formula to effect real and sustainable peace where previously there has been none. It is valuable and important, nevertheless, to note that "more than [fifty] percent of peace agreements fail within the first five years of signature". The evidence is clear: transitions are not working.

In this essay we seek to explain and deconstruct some of the terminology applied to post conflict situations by briefly looking at conceptss of "gender equality" participation, political economy, neo-liberalism, …

Independent Effects Of Surface And Gas Temperature On Coal Fly Ash Deposition In Gas Turbines At Temperatures Up To 1400 C, Robert Laycock, Thomas H. Fletcher

Faculty Publications

Deposition of coal fly ash in gas turbines has been studied to support the concept of integrated gasification combined cycle (IGCC). Although particle filters are used in IGCC, small amounts of ash particles less than 5 microns in diameter enter the gas turbine. Previous deposition experiments in the literature have been conducted at temperatures up to about 1288 C. However, few tests have been conducted that reveal the independent effects of gas and surface temperature, and most have been conducted at gas temperatures lower than 1400 C. The independent effects of gas and surface temperature on particle deposition in a …

Recovering With Acquired Apraxia Of Speech: The First 2 Years, Tyson G. Harmon, Katarina L. Haley, Jennifer N. Shafer, Adam Jacks

Faculty Publications

This study was intended to document speech recovery for 1 person with acquired apraxia of speech quantitatively and on the basis of her lived experience. The second author sustained a traumatic brain injury that resulted in acquired apraxia of speech. Over a 2-year period, she documented her recovery through 22 video-recorded monologues. We analyzed these monologues using a combination of auditory perceptual, acoustic, and qualitative methods. Recovery was evident for all quantitative variables examined. For speech sound production, the recovery was most prominent during the first 3 months, but slower improvement was evident for many months. Measures of speaking rate, …

Learning By Doing: Students From Three Disciplines Work Together To Help People With Dementia With Their Communication And Physical Challenges., Tyson G. Harmon, Brenda Everett Mitchell, Anna Weinberg

Faculty Publications

None

Exploring How First-Year Experiences In Higher Education Influence Student Acceptance Of Biological Evolutionary Theory, Lauren A. Winter

Dissertations and Theses @ UNI

In the current study, I investigated whether changes occurred in the acceptance of evolution for students majoring in elementary education during their first semester of college and if so, what factors influenced the change. Thirty participants in their first semester of college completed pre-and post-tests that included the Inventory of Student Evolution Acceptance to measure changes in student acceptance of evolution over the course of one academic semester. Ten of those participants completed interviews to elaborate on those factors that may have affected their acceptance in evolution. Mixed methods analysis utilizing a cognitive constructivist framework revealed that religious beliefs, explicit …

The Effects Of Blended Learning On Critical Thinking In A High School Earth Science Class, Renee Nicole Borglum

Dissertations and Theses @ UNI

This study analyzed the effects of differing levels of technology use in a high school Earth Science class on student performance on the Classroom Test of Scientific Reasoning (CTSR). Blended learning manipulates the combination of hands-on activities, classroom discussions, online discussions, interactive simulations and a variety of assessments that engage, instruct and assess student learning. Critical thinking is the set of skills and dispositions that foster problem solving, reasoning ability and selfregulation. The increasing use of technology in the classroom and fluctuation of content standards prompted this research. The results have implications for the classroom teacher of a wide range …

The Immediate Effects Of Thearapeutic Taping On Musculoskeletal Pain, Aaron Michael Krejci

Dissertations and Theses @ UNI

Context: Therapeutic taping is commonly used as a preventative intervention; however, its utilization as an immediate pain management intervention is still unknown. This study assesses the immediate effectiveness of therapeutic taping on musculoskeletal pain. Objective: Evaluate the immediate effects of three therapeutic taping interventions on musculoskeletal pain. Design: Experimental, single-group repeated measures design. Participants: 29 physically active volunteers (14 male, 15 female) with a mean age of 20.9 ± 1.98. Methods: Participants were induced with delayed onset muscle soreness to their elbow flexors of the non-dominant arm. Forty-eight hours after induction, participants’ baseline pain was measured using the Numeric Pain …

The Effect Of Intermittent Pneumatic Compression On The Management Of Pain Associated With Delayed Onset Muscle Soreness, Ashley Kay Lindahl

Dissertations and Theses @ UNI

Intermittent pneumatic compression is used for the recovery of active individuals following intense exercise with little research to support its use. This study evaluates the effectiveness of intermittent pneumatic compression on musculoskeletal pain associated with DOMS among healthy college age population. Objective: Evaluate the efficacy of intermittent pneumatic compression, compared to a placebo, in the prevention of pain associated with delayed onset muscle soreness. Design: Experimental, Repeated Measure Design. Participants: Thirty healthy college-age volunteers (15 male: 21.5 ± 2.3 yrs, 179.3 ± 9.9 cm, 91.4 ± 26.4 kg; 15; female: 20.4 ± 1.5 yrs, 168.9 ± 6.9 cm, 69.1 ± …

Analyzing Winter Migration Fidelity And Movement Of The Wild Taimyr Reindeer Herd, Rangifer T. Tarandus, Emily T. Francis

Dissertations and Theses @ UNI

The Taimyr Reindeer Herd (TRH) is the largest wild reindeer population in the world, and is located in the northern central region of Arctic Russia. Previous detailed research on the spatiotemporal dynamics of this herd have been conducted involving aerial population censuses for two of the three seasons for reindeer: calving (Meerdink, 2012) and summer (Cooney, 2014). The first part of this study continues with the methods of the previous studies, analyzing the spatiotemporal fidelity of the TRH in the winter season. This was completed using geospatial analysis of digitized historical aerial census data of reindeer locations, and analyzing areas …

Differences In Landing Impulses Between The Traditional And Swing Blocking Style In Volleyball, Jana Geertruida Braakhuis

Dissertations and Theses @ UNI

Blocking is an important part in the game of volleyball. Previous research has shown that the swing blocking style leads to a greater jump height, penetration over the net and effective blocking area compared to the traditional blocking method. No available research has been found investigating the differences in landing. The purpose of this study was to examine the differences in landing impulses, landing time and vertical ground reaction forces (vGRF) between the traditional and swing blocking style in volleyball. Therefore, eight female collegiate volleyball players were filmed in high definition at 60Hz performing successful trials of both blocking styles. …

The Cultural And Rhetorical Elements Of American Picaresque, Cory James Dahlstrom

Dissertations and Theses @ UNI

The picaresque is a literary genre with a long and rich history. Although protean in nature, it is essentially the fictional autobiography of a likeable delinquent or rogue, who survives a series of adventures and a life of hardships by his or her wits and affinity for trickery. Stemming from a long line of tropes dating back to Greek mythology, the picaresque comes into its own fruition towards the end of the Spanish Golden Age with the anonymous publication of Lazarillo de Tormes (1554). Since then, the antihero of the picaresque, the picaro, has become a literary figure across a …

Three Men In The Wilderness: Ideas And Concepts Of Nature During The Progressive Era With Theodore Roosevelt, Gifford Pinchot And John Muir, Jeffrey A. Duke

Dissertations and Theses @ UNI

When I began this research in the summer of 2014, I endeavored to find out how Americans comprehended nature in the Progressive Era. By the Progressive Era the historian Frederick Jackson Turner declared the frontier to be closed. This notion that no wide open spaces remained to be conquered altered the American people’s attitude towards nature. The perspectives of three men who were at the forefront of environmental policy illustrate how America’s understanding of nature had changed. These three men were twenty-sixth President Theodore Roosevelt, professional forester Gifford Pinchot and naturalist John Muir. Describing the similarities and differences in these …

The Impact Of Cognitive Map Quality And Expert Testimony On Juror Decisions And Perceived Credibility Of Eyewitnesses, Justin Parker Simmons

Dissertations and Theses @ UNI

An eyewitness to a crime is often asked to create a hand drawn psychological map of the crime scene in terms of the placement of buildings, people, and other objects. Psychological maps, also referred to as “sketch maps,” are a physical representation of one’s mental map of a particular location. Sketch maps are often submitted as evidence and presented to jury members during trial. Information from these maps can be used to provide information such as entrance and exit into the crime scene by the perpetrator, relative distance between eyewitness and perpetrator, and other information critical to jurors’ evaluations of …

Dancing My Adoptive Identity : An Autoethnographic Analysis Of Adoption Narratives And Performance Of Identity, Montana Jean Smith

Dissertations and Theses @ UNI

Family storytelling helps individuals make sense of the world around them. Stories not only help people understand their familial relationships, but understand the development of their identity. For adoptive children, family narratives are crucial to the creation of the child’s adoptive identity and how it intersects with the many other identities the child holds. This study considers the construction of identity from the adoptee’s point of view by use of autoethnographic and performance methods.

Using a multi-methodological approach, this thesis uses interactive interviews, autoethnography, and performance methods as a way to assess what narratives are told within an adoptive family …

Lingual Pressure Generation In Relation To Saliva And Water Swallowing In Healthy Young Adults, Anna Joerger

Dissertations and Theses @ UNI

Lingual strength and swallowing pressures have been studied extensively in dysphagia rehabilitation literature; however, little research has considered how lingual pressure generation may relate to parameters of swallowing speed and endurance. Additionally, little is known about the ability of the tongue to generate pressure to a given target, known as lingual control. This project collected measures of lingual pressure and measures of swallowing speed and endurance in 10 healthy, young adults. Specifically it explored if lingual strength or control of the anterior and posterior tongue correlate with endurance or speed during saliva and water swallowing tasks. Significant relations among lingual …

A Follow-Up Of Patient Reported Outcomes In Chronic Plantar Heel Pain Participants Treated With Graston Technique: A Mixed Methods Approach, Troy Richard Garrett

Dissertations and Theses @ UNI

Chronic Plantar Heel Pain (CPHP), commonly known as “plantar fasciitis,” is a condition that is estimated to affect 10% of the American population. A treatment for CPHP and other soft tissue overuse conditions that is increasing in popularity is the use of metal instruments for deep tissue massage for 10 minutes, twice a week for six weeks, called the Graston Technique.

The purpose of this study is to longitudinally examine the foot pain and function of participants who received Graston Technique treatment approximately two years before this study. A mixed methods design where quantitatively, three self-reported survey instruments were utilized, …

An Examination Of The Perceptions Of The Iep Process As A Team Plans For The Potential Reintegration Of A Student From An Alternative Setting To The Resident District, Sarah J. Knudsen

Dissertations and Theses @ UNI

The Individuals with Disabilities Education Act (IDEA) of 1990 determined that students with disabilities are to learn in the least restrictive environment (LRE). The IEP team has the responsibility to determine placement that is as non-restrictive as possible and yet appropriate. For students with Emotional Disturbances (ED) the concept of LRE is contentious. The purpose of this research was to investigate the perceptions of IEP team members as to the factors on which decisions are made throughout the IEP process for students with ED as the team planned for reintegration from an alternative setting into the student’s home district. This …

"Joy For What It Is": Narratives Of Two Mothers On Raising Their Children With Disabilities, Zeina H. Yousof

Dissertations and Theses @ UNI

The purpose of this study was to explore the experiences of two mothers of children with disabilities on parenting their children and navigating the world of disabilities. For many parents, the diagnosis of a child with disabilities represents a form of interpersonal loss through the loss of the imagined child. Mothers are often identified as the primary caregivers of their children with disabilities and are often at the front-end of seeking, providing, and advocating for medical, education, and social services.

Employing qualitative research methods, autoethnography and narrative inquiry were used to reveal the mothers’ experiences. Through conversational interviews and journaling, …

Pediatric Kennedy Terminal Ulcer, Megan Reitz, Christine A. Schindler

College of Nursing Faculty Research and Publications

No abstract provided.

Engaging In Culturally Informed Nursing Care With Hmong Children And Their Families, Shoua Xiong, Nora Degroote, Hayley Byington, Jamie Harder, Krystal Kaminski, Kristin Haglund

College of Nursing Faculty Research and Publications

The Hmong are an ethnic hill tribe group originally from Southern China with concentrated populations throughout Southeast Asia, especially the mountains of northern Laos. Following the Vietnam War, the Hmong started immigrating to the United States in waves to escape prosecution for fighting communism alongside the United States. Today, the Hmong population in the United States is growing rapidly, with a median age of 20.4 years. As the Hmong move and redistribute themselves across the country to be with family or pursue new opportunities, it is more and more likely that nurses everywhere will interact with Hmong children and their …