Digital Commons Network^™

Understanding Success Of Black Female Counselor Educators In Terms Of Racial Identity, Tanesha Lakendra Jones-Boyd

Theses and Dissertations

Over the years, minority faculty representation has increased in counselor education doctoral programs, but the rates are low compared to the overall rates of White faculty. Black female counselor educators, in particular, are among faculty underrepresented in higher education. Much of the research concerning Black female counselor educators addresses barriers these women face in higher education, especially during tenure. While Black female counselor educators find the journey to become accomplished counselor educators challenging, many have achieved that success despite their experiences. This dissertation explored the experiences of six tenured Black female counselor educators to gain a better understanding of how …

Whether The Debtor Or Bankruptcy Estate Owns Malpractice Claims That Accrue During A Chapter 11 Bankruptcy, Anna Chen

Bankruptcy Research Library

(Excerpt)

When a debtor files for chapter 11 bankruptcy, three different time periods become important to determine whether the debtor or the estate holds certain rights and interests. The first time period is before a debtor files for bankruptcy. The second time period is after filing for bankruptcy but before conversion. The third time period is post-conversion.

If the misconduct that gives rise to the legal malpractice claim occurs after the filing of a chapter 11 case but before the conversion to a chapter 7 case, the cause of action belongs to the bankruptcy estate. In that situation, the trustee, …

Contextualizing Multilayered Sexual Subjectivities Of Heterosexual Black Female Undergraduate Students At A Predominantly White Institution In The South, Amarachi Rossana Anakaraonye

Theses and Dissertations

This study uses an intersectional theoretical framework to examine Black college women’s sexual health by focusing on how they engage in sexual decision making within their social contexts. This qualitative study analyzed 20 individual in-depth interviews of Black female undergraduate students, ages 18-22, who attend a predominantly white institution (PWI) in the Southeastern United States. The themes that emerged from qualitative data analysis include Black female undergraduate students’ perceptions of the sexual culture of their campus and the protective strategies they employ to navigate the sexual culture in order to achieve and/or maintain physical, emotional, and social well-being. Key findings …

Ashley's Sister, Christina Phillips

Theses and Dissertations

This nonfiction project is a memoir, constructed in sections, about my relationship with my sister with an intellectual disability.

The “Forgotten Man” Of Washington: The Pershing Memorial And The Battle Over Military Memorialization, Andrew S. Walgren

Theses and Dissertations

The current debates over the transformation of Pershing Park in Washington, D.C., into a national World War I memorial have reignited century-old concerns about how to properly memorialize military figures. The park, originally conceived as a memorial to General John Pershing and the men of the American Expeditionary Force in World War I, had fallen into disrepair, and many within the federal government wanted to redevelop the park in time for the World War I Centennial in 2018. Popular commentators have pointed to National Park Service budgets cuts and the decline of “great man” memorials as the primary culprits behind …

Interest Detection In Image, Video And Multiple Videos: Model And Applications, Yuewei Lin

Theses and Dissertations

Interest detection is detecting an object, event, or process that draws attention. In this dissertation, we focus on interest detection in images, video and multiple videos. Interest detection in an image or a video is closely related to visual attention. However, the interest detection in multiple videos needs to consider all the videos as a whole rather than considering the attention in each single video independently.

Visual attention is an important mechanism of human vision. The computational model of visual attention has recently attracted a lot of interest in the computer vision community mainly because it helps find the objects …

A Phenomenological Analysis Of Social Justice/Injustice On The Lives Of African-American High School Males, Michael R. Harris

Theses and Dissertations

The purpose of this study is to analyze what high school African-American males perceive as significant influences that directly impact their academic achievement while attending a predominantly White suburban high school. This qualitative research study will utilize semi-structured case interviews to collect and analyze data gathered from among a criteria-based subgroup of African-American high school males. An examination of archival data such as student course selections, a review of high school Carnegie units earned and attempted, the availability of support resources and interventions, as well discipline and attendance reports will each provide evidence of the probable obstacles impacting the achievement …

Rational Design And Synthesis Of Pt/Silica-Alumina Metal-Acid Bifunctional Catalysts, Jadid Ettaz Samad

Theses and Dissertations

In the domain of rational catalyst design and synthesis, Strong Electrostatic Adsorption (SEA) has been applied with tremendous potential and use. In this study, SEA method has been advanced to thick slurries as well as to mixed oxide systems with a view to synthesizing stable, active and selective catalysts fine-tuned for specific applications.

The main objective was to synthesize metal-acid bifunctional catalysts with controlled ratio and proximity between metal and acid sites in order to analyze their effects on a bifunctional reaction. At first, the difference in charging behavior of silica and alumina in solution was used to selectively deposit …

Preservice Teachers' Beliefs About Play In Kindergarten, Michelle Taylor Clevenger

Theses and Dissertations

The purpose of this research was to gain insight into preservice teachers’ beliefs about play in kindergarten, and explore differences in beliefs about play between teachers just beginning their education program and those who are completing their degree. The study examined the beliefs of two groups of preservice teachers: one at the beginning of their early childhood education program (beginning students) and one at the end (teacher candidates). This study used a mixed methods approach including a survey with both Likert scale and open-ended questions as well as individual interviews. Data were collected at the beginning of the fall semester …

Preliminary Evaluation Of "Footprints": Motivational Interviewing To Promote Cognitive-Behavioral Skills, Academic Outcomes, And Academic Protective Factors In Middle School Students, John Terry

Theses and Dissertations

There are high levels of unmet need in youth mental health services. To address this gap there is an increasing emphasis on multi-tiered systems of support involving promotion/prevention (Tier 1), early intervention (Tier 2) and intervention (Tier 3) to promote positive emotional/behavioral functioning in students. While research on these multi-tiered frameworks is increasing, there remains a relative dearth of empirically supported and feasible early intervention Tier 2 programs. To help address this gap, we developed the Tier 2 program, Footprints, which utilizes two Motivational Interviewing sessions to promote engagement in six group-based modularized Cognitive-Behavioral Therapy sessions and aims to enhance …

Techno Economical Analysis Of Solid Oxide Iron-Air Redox Battery For Power Generation And Energy Storage, Farzana Yasmeen

Theses and Dissertations

The largest source of greenhouse gas emissions in the United States is from burning fossil fuels for electricity, heat, and transportation. Due to increasing environmental constraints associated with greenhouse gas emissions and uncertainty in the supply of fossil fuels, power systems of the future will become more reliable on renewable power source. To overcome the intermittency issue of renewable power, a promising cost effective electricity-storage systems is vital. The U.S. Department of Energy (DOE) has established detailed cost targets for energy storage system. One of the targets is capital cost which should be under $150/kWh for new technology. Another target …

Improved Assessment Of The Magnitude And Acceleration Of Prehistoric Earthquakes In The South Carolina Coastal Plain, Emad Gheibi

Theses and Dissertations

Seismically-induced soil liquefaction is one the most hazardous geotechnical phenomenon that can cause loss of life and devastating damage to infrastructure. Proper estimation of critical ground motion parameters (e.g. peak ground acceleration and earthquake magnitude) is vital for seismic design of new structures and retrofit of existing structures, especially in regions such as the South Carolina Coastal Plain (SCCP) where the frequency of re-occurrence of large earthquakes is low (studies of paleoliquefaction features have revealed seven, large, prehistoric earthquakes occurring within the last 6000 years) and the locations of potential sources are not exactly known. Moreover, due to mechanical and …

Delaware Bankruptcy Court Trumps An Automatic Stay By Allowing Suit To Terminate A Trademark Licensing Agreement, Olivia Cheung

Bankruptcy Research Library

(Excerpt)

Trademark licensees that file for bankruptcy protection may encounter difficulties and uncertainties regarding their continued use of trademarks that are critical for their businesses. An issue that remains unsettled with courts is whether a licensee can assume a trademark license without the licensor’s consent. Circuits are divided on whether Section 365(c)(1) of title 11 of the United States Code (the “Bankruptcy Code”) prohibits a debtor from assuming an intellectual property license without the consent of the licensor. Courts on one side of the issue apply the “actual test,” which permits a debtor to assume a license as long as …

Procedural Due Process Requirements In Bankruptcy Cases, Bryant Churbuck

Bankruptcy Research Library

(Excerpt)

The Fifth Amendment of the United States Constitution guarantees that an individual will not be deprived “of life, liberty, or property without due process of law.” In the context of bankruptcy, procedural due process requirements are especially important because although bankruptcy tries to ensure that rights that exist outside of bankruptcy are maintained in bankruptcy, title 11 of the United States Code (the “Bankruptcy Code”) or other federal laws may require a different result. Given that the rights of an individual can be altered in bankruptcy proceedings, the adequacy of notice of the bankruptcy proceeding is of great importance. …

Whether Foreign Avoidance Claims May Be Asserted Under Chapter 15, Peter I. Collorafi

Bankruptcy Research Library

(Excerpt)

Chapter 15 was added to title 11 of the Bankruptcy Code in 2005, replacing former Section 304 as the Bankruptcy Code’s operative provision for dealing with cross-border insolvencies. Chapter 15 may be utilized by a foreign representative seeking assistance in U.S. courts in connection with a foreign proceeding. A foreign representative commences a chapter 15 case by filing a petition for recognition of the foreign proceeding in which the representative has been appointed.

After obtaining recognition, a foreign representative has the right to sue and be sued in the United States and may apply directly to a U.S. court …

Debt Discharge, Intent And Good Faith, Arielle Cummings

Bankruptcy Research Library

(Excerpt)

Discharge is of singular importance to the individual in a Chapter 7 case. Discharge enables the debtor to begin a new financial life, and it provides the debtor with a fresh start. In order for this to happen, among other effects, section 524 of title 11 of the United States Code (the “Bankruptcy Code”), which addresses the effects of discharge, voids any judgment against the debtor subject to the discharge. Section 524 also provides a statutory injunction against the continued prosecution of any action that would lead to liability on the claim subject to discharge. Section 727 of the …

Filing For Bankruptcy And Untying The Knot? Not Without Strings Attached, Justin A. Klingenberg

Bankruptcy Research Library

(Excerpt)

Substantive consolidation is an equitable remedy used sparingly by bankruptcy courts to consolidate the bankruptcy estates of two debtors. Although it originated in the corporate context, consolidating the estates of two corporate entities or a corporate entity and an individual debtor, its application has extended to consumer bankruptcy. The consolidation of the bankruptcy estates of two debtor spouses has been addressed and recognized by the Second, Third, Fourth, Sixth, Eighth, and Eleventh Circuit Courts.

Part I of this article briefly examines the authority legitimizing substantive consolidation. Part II analyzes the remedy’s corporate origins and the differing approaches taken by …

A Showing Of Gross Recklessness Satisfies Section 523(A)(2)(A): Denying Deceivers The Ability To Discharge Debts Related To Fraudulently Obtained Funds, Megan Kuzniewski

Bankruptcy Research Library

(Excerpt)

11 U.S.C. Section 523(a) lists certain debts that may not be discharged through a debtor’s bankruptcy. In particular, section 523(a)(2)(A) provides that a debtor who files bankruptcy will not be discharged of debts that were obtained by “false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.” False representations, such as those described in section 523(a)(2)(A), carry a scienter requirement which requires that it be shown that an individual knowingly made false statements or representations. This requirement carries a heavy burden, as trying to prove that a person had …

Notice Of Bar Date To Employees Of A Multinational Corporation May Be Satisfied By Publication, Naffie Lamin

Bankruptcy Research Library

(Excerpt)

Courts have frequently held that notice to employees of the final day to file a proof of claim (the “bar date”), for purposes of satisfying constitutional due process requirements, may be satisfied by publication. To determine whether proper notice was served, bankruptcy courts distinguish between known and unknown creditors. While a known creditor must be provided with actual notice of a bar date, notice to an unknown creditor is satisfied by constructive notice, for example publication in a newspaper. In the context of the employer-employee relationship, it may seem counterintuitive that a creditor-employee would constitute an “unknown” creditor but …

Whose Claim Is It Anyway?—Direct And Derivative Claims In The Context Of Bankruptcy Litigation, Kristen M. Lasak

Bankruptcy Research Library

(Excerpt)

In bankruptcy litigation, the line between direct and derivative claims may be a thin one, and courts are often entrusted with the task of determining whether the claims creditors set forth are actually derivative of claims owned by the bankruptcy estate. Companies entering into bankruptcy proceedings have the option of creating litigation trusts, which are authorized to pursue any claims the bankruptcy estate may own. A release of claims is often part of any settlement agreement, and such an agreement combined with the ownership of claims by the bankruptcy estate, often controlled through a litigation trust, can leave defrauded …

A Sublessee’S Rights In The Face Of A Debtor-Sublessor’S Rejection Of An Unexpired Lease Under Chapter 11, Adam K. Lau

Bankruptcy Research Library

(Excerpt)

Whether or not rejection of a lease constitutes termination is of great concern to interested parties in a chapter 11 bankruptcy proceeding. This determination can alter the remedies available for injured parties. Section 365 of the Bankruptcy Code establishes the general rule that rejection does not constitute termination, and sets forth the circumstances where exceptions to the general rule apply.

In In re Overseas Shipholding Group, Inc., a Delaware Bankruptcy Court held that the rejection of a lease constitutes a prepetition breach of the lease under section 365(g) of the Bankruptcy Code. The court determined the amount of …

Conflict In The Bankruptcy Code: Ramification Of A Trustee’S 363(F) Right To Sell Property “Free And Clear” On The Lessee’S 365(H) Right To Retain Property, Aaron Leaf

Bankruptcy Research Library

(Excerpt)

Section 363(f) of title 11 of the United States Code (the “Bankruptcy Code”) allows a trustee to sell property “free and clear of any interest in such property” that a third party might have if certain conditions are met. Section 365(h) of the Bankruptcy Code allows the lessee of a rejected lease to either retain the property with all rights appurtenant to the estate, or treat such lease as terminated and sue for damages. Courts are split on if these sections of the Bankruptcy Code are compatible. The majority of courts have found these sections are not compatible, and …

Whether Sovereign Immunity Is A Defense For States In Bankruptcy Cases, Melanie Lee

Bankruptcy Research Library

(Excerpt)

Sovereign immunity, generally, prohibits suit against a sovereign without the sovereign’s consent. The defense of sovereign immunity may not be asserted by any state, or arm of the state, in any bankruptcy proceeding. The prohibition of asserting sovereign immunity in a bankruptcy case has been common practice, almost continuously, since the states agreed to such a waiver in the Constitutional Convention. Moreover, this waiver of sovereign immunity, has since been codified in Section 106 of title 11 of the United States Code (the “Bankruptcy Code”). As a result, a state involved in a bankruptcy case will typically be treated …

Application Of The Automatic Stay To A Non-Debtor Corporation, Joanna Matuza

Bankruptcy Research Library

(Excerpt)

When a corporation files for bankruptcy, it is entitled to an automatic stay of any action that has been filed against it pursuant to section 362(a)(1) of title 11 of the United States Code (the “Bankruptcy Code”). But today, litigation is often complex and involves more than one defendant. For example, I may commence an action against corporations X, Y and Z. Corporation X then files for bankruptcy and is entitled to an automatic stay. The question in these cases is whether the automatic stay applicable to the debtor corporation (Corporation X) also applies to the non-debtor corporations (Corporations …

May A Bankruptcy Court May Permanently Disbar An Attorney From Practicing Before Its District?, Maurice W. Sayeh

Bankruptcy Research Library

(Excerpt)

In most matters, the local bar association governs attorney discipline. Depending on the offense by the attorney, discipline can range from a private or public reprimand to a suspension or even disbarment. However, in special circumstances and when the court believes it must protect the general public from attorneys it finds unfit to practice, a bankruptcy court, as well as other courts, may permanently disbar an attorney from practicing before it. However this exercise of authority requires cautious judicial discretion.

Bankruptcy courts, in particular, may find the authority to discipline attorneys through multiple federal statutes, the Federal Rules of …

Duty To Advise Of The Legal Risks From Business Transactions, Nicole Strout

Bankruptcy Research Library

(Excerpt)

Lawyers owe specific duties to their clients, mainly with respect to reasonable legal advice. If reasonable care is not exercised by an attorney when providing legal advice and services, there is a potential for a malpractice claim against that attorney. For attorneys that represent businesses, however, legal advice can sometimes be blurred with business advice. It is important to note that lawyers are not business consultants and do not specifically owe a duty to their clients to protect them from poor business decisions. The problem occurs when it is hard to distinguish between the legal and business advice. These …

Creditor And Debtor Burdens When Confirming A Chapter 11 Reorganization Plan, Corey Trail

Bankruptcy Research Library

(Excerpt)

In Chapter 11 bankruptcy, after a debtor has submitted a reorganization plan, the creditor has the right to vote on that plan. However, the right to vote on that plan is grounded in the understanding that the creditor will not vote against a debtor’s reorganization plan in bad faith. If a court finds that the creditor rejected the plan in bad faith, the court may “designate” the votes of the creditor that voted against the plan. But the issue of good faith does not solely lie with the creditor’s behavior. Reorganization under Chapter 11 also demands that the debtor …

Can A Consumer Debtor Voluntarily Dismiss Own Chapter 7 Bankruptcy Case?, Shane P. Walsh

Bankruptcy Research Library

(Excerpt)

Under Section 707(a) of title 11 of the United States Code (the “Bankruptcy Code”), a court may dismiss a chapter 7 bankruptcy case for cause. Section 707(a) provides a list of examples of conduct that constitutes cause to guide the court in making its determination. A chapter 7 consumer debtor has the right to voluntarily dismiss his own chapter 7 case, however, that right is not absolute. When a consumer debtor seeks to voluntarily dismiss his chapter 7 case he must establish cause for dismissal under section 707(a). The court will determine whether the debtor’s voluntary motion to dismiss …

Ain't Misbehavin': Phenomenological Inquiry Into Black Male Experiences Of School, Kelly N. Ferguson

Dissertations

Disproportionate representation of Black male students in subjective areas of discipline has long been documented. Research indicates that racial disparities in discipline have been found with insufficient evidence to support that Black or other minority students are simply misbehaving more than others. Differences in cultural orientations between Black males and their predominantly White and female teachers have been linked to bias that disproportionality impacts discipline for these students. Through phenomenological inquiry, this study explored the schooling, professional, and mentoring experiences of successful Black men to better understand how schools and communities contribute to their resilience. This research sought to uncover …

Special Education Disproportionality Through A Social Lens: A Mixed Methods Approach, Marianne J. Fidishin

Dissertations

The disproportionate nature of special education, notably with African American students, is longstanding and most pronounced in judgmental eligibility categories such as intellectual disability and emotional disturbance. Numerous studies on disproportionality conclude there is not a single causative factor, but point to the multifactorial nature of the issue and the complex interplay among different factors. Research related to the role social factors exhibited in an institution have on special education referral and eligibility determination is more limited. This is important since practices employed during the eligibility process take place within the institution’s social environment and are underpinned by the beliefs …