Digital Commons Network^™

The Law Of Interpretation, William Baude, Stephen E. Sachs

Faculty Scholarship

How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.

Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped by preexisting …

Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Trina Jones, Kimberly Jade Norwood

Faculty Scholarship

Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …

Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer

Faculty Scholarship

This essay, a contribution to an AJIL Unbound symposium on “Treaty Exit at the Interface of Domestic and International Law,” compares treaty exit in the United States, the United Kingdom, and South Africa. After examining the longstanding practice of unilateral presidential withdrawals from treaties in the United States and the refusal to date of U.S. courts to review the constitutionality of that practice, the essay summarizes recent judicial decisions in the United Kingdom and South Africa holding that parliamentary approval was required before these nations could withdraw from treaties committing them, respectively, to the European Union and the International Criminal …

The Impact Of Classroom Behaviors And Student Attention On Written Expression, Narmene Hamsho

Theses - ALL

This study sought to examine classroom behaviors and attention as predictors of writing performance among third-grade students receiving a Tier 1 performance feedback intervention. Information about the classroom behavior of 80 third grade students (39 males, 41 females) was collected before intervention began through use of two teacher report measures: the Academic Performance Rating Scale (APRS; DuPaul, Rapport, & Perriello, 1991) and the inattention factor on the Strengths and Weaknesses of ADHD Symptoms and Normal Behavior Rating Scale (SWAN; Swanson et al., 2006). Results indicated that the APRS and SWAN were significant predictors of writing fluency in the combined sample …

A Corporate Ethical Compass Tool To Measure Public Relations Decision Making, Lian Qing Luo

Masters

Corporate Public Relations (PR) Ethics is always a top research topic in theory and practice as PR practitioners often have numerous ethical choices to make when addressing controversial issues. However, how to quantify or measure the ethical alternatives of PR decision making and help public relations practitioners make more ethically correct decisions is an open problem. To address this problem, this thesis proposes the PR "Ethical Compass" as a measuring tool or technique to help corporations justify and evaluate the consequences of their ethical public relations decision making. To investigate the advantages and disadvantages of the Ethical Compass technique, qualitative …

Putting Distribution First, Robert C. Hockett

Cornell Law Faculty Publications

It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …

Demonic Possession And Fractured Patriarchies In Contemporary Fundamentalist Horror, Lindsey Slanker

Browse all Theses and Dissertations

This thesis is a survey of contemporary horror films from the perspective of fundamentalist American audiences. Using Judith Butler’s work on gender performativity and religious studies scholarship as framework, I investigate how five visual texts perpetuate patriarchal family structures. The five texts I explore are The Last Exorcism (2010), The Conjuring (2013) and The Conjuring 2 (2016), The Witch: A New England Folk Tale (2015), and The Exorcist television series (2016). In each chapter, I analyze a key family member per patriarchal norms, and how violations of these norms contribute to the family’s supernatural crisis. The figures I analyze for …

When Words Are Worse Than Bullets: A Study Of Corruption As An Unintended Consequence Of Threats Of Sanctions, Aleksei Balanov

Browse all Theses and Dissertations

This research contributes to the debates on the efficacy of economic sanctions as a tool of international diplomacy. It focuses on corruption, one of the potential unintended consequences of sanctions. Using multiple regression on a custom cross-sectional time series dataset of more than a thousand observations, this research finds the correlation between threats of sanctions and level of corruption statistically significant. The model suggests each new round of threats translates into a 1.25% increase in corruption for relatively clean states and a 5% increase for already corrupt states. The resulting policy implications are examined in this thesis.

Efficacy Of Real-Time Functional Magnetic Resonance Imaging Neurofeedback Training (Fmri-Nft) In The Treatment Of Tinnitus, Matthew S. Sherwood

Browse all Theses and Dissertations

There is a growing interest in the application of real-time (fMRI) with neurofeedback training (NFT) to the treatment of disorders associated with abnormal brain function. Chronic tinnitus is one such disorder that is often characterized by hyperactivity of the primary auditory cortex (A1) and decreased activity of the ventromedial prefrontal cortex (vmPFC). In this work, we investigated the use of fMRI-NFT to teach self-regulation of A1 using directed attention strategies. The overall objective of the proposed study is to determine the efficacy of fMRI-NFT for potential treatment of tinnitus. Healthy participants were separated into two groups: the experimental group received …

Improvement And Development Of Analytical Forensic Methods: Arson Investigation And Drug Detection In Fingerprints And Hair, Sarah Anne Glenn

Electronic Theses and Dissertations

Forensic science is the cornerstone of criminal investigations. Due to the overexposure of forensic science in the media, the true nature of forensic science is often overlooked. Forensic science is a rigorous exacting science that applies methods developed in the wider scientific community to the analysis of evidence collected from crime scenes. As far back as the 6th century people were using forensics to solve crimes. Since then the science behind forensic science has increased exponentially with new methods being researched and developed. This research aims to address two of the larger subsections of forensic science, arson and drug detection. …

Availability For Learning:Effects Of Mindfulness Meditation On Student Cognitive Abilities, Alexander Harne

PCOM Psychology Dissertations

No abstract provided.

Ele/Mle 48553 : Exploring Esl Students Through Clinical Experiences, Early Childhood, Elementary, & Middle Level Education

Approved Course Proposals

No abstract provided.

Ele/Mle 5270 : Content Area Literacy Instruction, Early Childhood, Elementary, & Middle Level Education

Approved Course Proposals

No abstract provided.

Edf 5510 : Theory Into Practice: Social Foundations For Educational Practice, Secondary Education & Foundations

Approved Course Proposals

No abstract provided.

Scientific Transformations: A Philosophical And Historical Analysis Of Cosmology From Copernicus To Newton, Manuel-Albert Castillo

Electronic Theses and Dissertations

The purpose of this thesis is to show a transformation around the scientific revolution from the sixteenth to seventeenth centuries against a Whig approach in which it still lingers in the history of science. I find the transformations of modern science through the cosmological models of Nicholas Copernicus, Johannes Kepler, Galileo Galilei and Isaac Newton. Since of the enormous content, I shall only pay particular attention to Copernicus and Newton in which the emerging sciences transformed the cosmos on what Alexandre Koyré calls from a "closed world to infinite universe". As an interdisciplinary approach, I used the methods and inquiries …

“Indigenismo And Futurism In Latin America: José Carlos Mariátegui And The Peruvian Avant-Garde.”, Giovanna Montenegro

Comparative Literature Faculty and Student Scholarship

Abstract: This essay explores the encounter between Latin American indige- nismo and avant-garde movements such as Futurism through an analysis of avant-garde literary magazines and Peruvian avant-garde poetry with Futurist tendencies. The first section begins with the Amauta magazine (1926–30), edited by the Peruvian Marxist José Carlos Mariátegui (1894–1930), who promoted an indigenous agenda while also censuring and applauding Futurism. The second section briefly investigates the Chilean literary journal Nguillatún (1924), whose founding manifesto toyed with Futurist principles while simultaneously turning to Chile’s indigenous culture. In addition, I analyse Gamaliel Churata’s Boletín Titikaka (1926–29), which promoted linguistic experimentation with indigenous …

The State House And The White House: Gubernatorial Rhetoric During The Obama Administration, Austin Peyton Trantham

Theses and Dissertations--Political Science

What is the importance of political speechmaking? Do state governors discuss presidential priorities? This study addresses these questions by analyzing the contents of annual State of the State addresses given by governors from 2012 to 2014 during the presidency of Barack Obama. A descriptive paper provides evidence that governors primarily discuss employment and economic issues in their addresses, are discussing greater number of policy issues than in previous decades, and are delivering their address before the presidential State of the Union message. Examining health care and immigration policy in separate empirical papers, I theorize that contextual factors, including legislative partisanship, …

Narcissism And The Strategic Pursuit Of Short-Term Mating: Universal Links Across 11 World Regions Of The International Sexuality Description Project-2, David P. Schmitt, Lidia Alcalay, JüRi Allik, I. C. B. Alves, Craig A. Anderson, A. L. Angelini, Jens B. Asendorpf, Ivars Austers, Isabel Balaguer, Américo Baptista, Sóley S. Bender, Kevin Bennett, Gabriel Bianchi, Behrooz Bianchi, April Bleske-Rechek, Fredrick A. Boholst, Lynda Boothroyd, Teresa Borja, Arjan Bos, Edwin Brainerd, Gary L. Brase, José Brites, M. Burakova-Lorgnier, Mark Byrd, J. A. Camilleri, Andrea Camperio Ciani, Leo Gerard A. Caral, Katherine B. Camelley, Marina Carvalho, Janette Casson, Isabel Castillo, Alejandro Castro, Maria Martina Casullo, Valery I. Chirkov, Jean Choi, Danielle Cohen, Cecilie Amalie Collin-Hansen, Melissa A. Commisso, Elvira Consuegra, Lorena Cordovez, Cem Safak Cukur, Mary Ann Borg Cunen, Michael Cunningham, Layton Seth Curl, Petra Daniel, Jaap J. A. Denissen, Serge Desmarais, Eros Desouza, Rolando Diaz-Loving, M. Shamsuddin Elias, Aukse Endriulaitiene, Ekin Eremsoy, Francisca Expósito, Ruth Falzon, Ana Maria Fernandez, Kumari Fernando, José H. B. P. Ferreira, Bernhard Fink, Maryanne Fisher, Julie Fitness, Karissa Flowers, David Frederick, Sirpa Fry, Osamu Fukushima, Stanley O. Gaines Jr., Renee V. Galliher, E. Gandari, Glenn Geher, Douglas A. Gentile, Jessica M. Geri, V. N. Giri, Deborah Golden, Fiona Gordon, Kristina C. Gordon, Karl Grammer, Liria Grimaldi, Stephen Giunta, Endre Hajdú, Jamin Halberstadt, Gert Hald, Magdalena S. Halim, Shamsul Haque, Siri Katinka Harlem, Krystle A. Hearns, Patrick Heaven, Marie Helweg-Larsen, Eduardo Wills Herrera, Dora Herrera, Janine Hertel, Heather Hoffmann, Henrik Høgh-Olesen, Barbara J. Houle, Jasna Hudek-Knezevic, Jas Jaafar, Konstantinos Kafetsios, Igor Kardum, Leif Edward Ottesen Kennair, Brigitte Khoury, Tibor Kökény, Silvia Koller, Solvina Konrads, John R. Kraft, Barry X. Kuhle, Agota Kun, Anton-Rupert Laireiter, Katalin Lányi, Maryanne Lauri, Shiri Lavy, Olufemi Adigun Lawal, Visvaldas Legkauskas, Chen Li, Hung-Yu Lin, Robert Lloyd, Kenneth D. Locke, Sylvie A. Lombardo, Ivan Luksik, Brian Lythe, Sonja Lyubomirsky, Sanna Malinen, Heather J. Martin, Teresa-Anne B. Mashego, Michael E. Mills, Mario Mikulincer, Imelu G. Mordeno, Miguel Moya, C. Ndeya-Ndereya, Mark Nelissen, Franz J. Neyer, Helmuth Nyborg, V. B. Oliveira, Adrian Opre, Suzanne L. Osman, Delroy L. Paulhus, Boguslaw Pawlowski, Lars Penke, Letitia Anne Peplau, Nebosja Petrovic, Steven M. Platek, Nuška Podobnik, TüNde Polonyi, Miroslav Popper, Ulf-Dietrich Reips, Wade C. Rowatt, Willibald Ruch, Margaret Makore Rukini, Velko S. Rus, Brad J. Sagarin, Kikue Sakaguchi, Sonia Salas, N. Kenneth Sandnabba, Pekka Santtila, Dory A. Schachner, Monika Schmidt, Astrid SchüTz, Todd K. Shackelford, Phillip R. Shaver, Lindiwe B. T. Sibisi, Francis Sichona, Franco Simonetti, Tilahun Sineshaw, Toshihiko Souma, Tatjana Stefanovic Stanojevic, Irmina Sukiennik, Nebi SüMer, Petra Szeghy, Sara Leyla Szente, Tomasz Szlendak, Daniel Tefera, Niki Thoma, Sigal Tifferet, Chris Tkach, Zita Tordai, Eleanor Tranthan, Ioannis Tsaousis, F. S. K. Tungaraza, Marijke Van Duynslaeger, Pepijn Van Empelen, Frank Van Overwalle, Ine Vanwesenbeeck, Marco Antônio Corrêa Varella, Pablo Vera-Villarroel, Martin Voracek, Dmitry Vorontsov, Wendy Wan, Petr Weiss, Deborah P. Welsh, Siswa Widyatmoko, Liesbeth Woertman, Eileen Wood, Lucinda Woodward, Hai Ye, Gahyun Youn, Agata Zupančič

Psychology Faculty Publications

Previous studies have documented links between sub-clinical narcissism and the active pursuit of short-term mating strategies (e.g., unrestricted sociosexuality, marital infidelity, mate poaching). Nearly all of these investigations have relied solely on samples from Western cultures. In the current study, responses from a cross-cultural survey of 30,470 people across 53 nations spanning 11 world regions (North America, Central/South America, Northern Europe, Western Europe, Eastern Europe, Southern Europe, Middle East, Africa, Oceania, Southeast Asia, and East Asia) were used to evaluate whether narcissism (as measured by the Narcissistic Personality Inventory; NPI) was universally associated with short-term mating. Results revealed narcissism scores …

The Role Of Neighborhood Characteristics In Late Stage Melanoma Diagnosis Among Hispanic Men In California, Texas, And Florida, 1996-2012, Valerie M. Harvey, Clinton W. Enos, Jarvis T. Chen, Hadiza Galadima, Karl Eschbach

Community & Environmental Health Faculty Publications

Background. Hispanics diagnosed with cutaneous melanoma are more likely to present at advanced stages but the reasons for this are unknown. We identify census tracts at high risk for late stage melanoma diagnosis (LSMD) and examine the contextual predictors of LSMD in California, Texas, and Florida. Methods. We conducted a cross-sectional study using geocoded state cancer registry data. Using hierarchical multilevel logistic regression models we estimated ORs and 95% confidence intervals for the impact of socioeconomic, Hispanic ethnic concentration, index of dissimilarity, and health resource availability measures on LSMD. Results. We identified 12,493 cases. In California, late …

Dwelling In The Ruins: Recovering Student Use Of Metaphor In The Posthistorical University, Daniel P. Richards

English Faculty Publications

This article argues that the field of Rhetoric and Composition has long harnessed the active potential of metaphor to change its own practices but has considerably overlooked student use of metaphor--a particularly urgent oversight given the metaphorical battleground that constitutes the discourse of contemporary higher education. Using this exigency, the article 1) explains how a more thorough reading of Lakoff and Johnson's popular work on metaphor theory can re-energize Rhetoric and Composition to be more inclusive of student experiences in classroom coverage of metaphor and 2) offers imaginative but concrete pedagogical approaches and activities aimed at facilitating student learning of …

Online Around The World: A Geographic Encyclopedia Of The Internet, Social Media, And Mobile Apps, Rob Tench

Libraries Faculty & Staff Publications

Book review of Online Around the World: A Geographic Encyclopedia of the Internet, Social Media, and Mobile Apps (2017) Santa Barbara, California: ABC-CLIO Ref ISBN 9781610697767.

The Hemispheric Muse. A Conversation With Antonio Barrenechea, Giorgio Mariani, Antonio Barrenechea

English & Linguistics Articles

Antonio Barrenechea is an Associate Professor at the University of Mary Washington, in Fredericksburg, Virginia, where he was hired to design a teaching curriculum in the Literatures of the Americas in 2005. He holds a PhD in comparative literature from Yale University and is the author of various essays on both North and South American literature, and, most recently of America Unbound: Encyclopedic Literature and Hemispheric Studies, his first book, published last year by the University of New Mexico Press. Professor Barrenechea, who is currently spending the year as a resident fellow at the Institut Américain Universitaire in Aix-en-Provence, France, …

Syntactic Change And The Rise Of Transitivity, James Lavine

Faculty Journal Articles

This paper analyzes the historical divergence of predicates marked with old passive neuter -no/-to in Polish and Ukrainian. It is argued that the locus of change leading to the rise of the transitivity property involved a rearrangement of morphologically-eroded voice morphology. Despite the surface similarity of the Polish and Ukrainian constructions, their divergent distribution in the modern languages indicates that grammaticalization of the old passive morpheme proceeded along different pathways, implicating the internal structure of vP, and creating new accusative case-assigning possibilities.

Artykuł przedstawia analizę różnic w rozwoju form predykatów z wykładnikami strony biernej w rodzaju nijakim -no/-to w języku …

Book Review: Kirin Narayan, Everyday Creativity: Singing Goddesses In The Himalayan Foothills (Kirin Narayan), Coralynn V. Davis

Faculty Journal Articles

No abstract provided.

Selene, Sarah Justice

Graduate Student Theses, Dissertations, & Professional Papers

My MFA Thesis Exhibition, Selene (Greek goddess of the moon), is an autobiographical journey through self- discovery, recognizing the power of my past seductive and destructive behavior surrounding sexuality. This current body of work serves as a metaphor for “moth to a flame” analogy and “if you are not careful the flame can burn you”.

My journey through personal healing from past traumatic events has taught me that my vulnerability is what breeds my strength. Ways that people navigate life being vulnerable and how they heal from wounds stemming from abuse, addictions, broken hearts, and loss varies among people. I …

A Phenomenological Inquiry Of International Service-Learning Experiences And Their Impacts On Post-Service Educational Experiences, C. Roch Turner

Graduate Student Theses, Dissertations, & Professional Papers

Institutions of higher education are increasingly faced with global forces. Consequently, colleges and universities must internationalize in order to stay relevant when faced with global forces. One means by which post-secondary institutions are internationalizing is by offering students international service-learning experiences. During these experiences, students acquire intercultural competencies and a more in-depth understanding of the educational content delivered throughout their educational career. This qualitative phenomenological study explored the acquisition of intercultural competencies by twelve participants attending the University of Montana and Montana State University. Participants were interviewed, utilizing questions about the understanding of intercultural competencies, the acquisition of said competencies, …

Annual Report Fy2016, Tennessee. Commission On Children And Youth.

Annual Report

No abstract provided.

A Comparison Of Maximal Syllable Structure In Four Linguistic Areas, Ricardo Napoleão De Souza

Research and Development Supported by El Centro

Research on areal linguistics provides ample evidence that languages in contact situations may come to share grammatical features that cannot be explained ontogenetically (Campbell 1997b, Matras 2011). In terms of phonology, the literature suggests that languages in prolonged contact develop similar segmental and suprasegmental characteristics (e.g. Aikhenvald & Dixon 2001, Curnow 2001, Muysken 2008, Thomason 2001). However, the effects of contact-induced change on deeper phonological structure such as syllable patterns remain largely unexplored. This study aims to investigate the claim that languages in intense contact situations such as those in linguistic areas are subject to borrowing not only individual phonemes …

Easier To Break From Inside Than From Outside / Mai Ușor Să Distrugi Din Interior Decât Din Exterior, Florentin Smarandache, Andrusa R. Vatuiu

Branch Mathematics and Statistics Faculty and Staff Publications

Abstract in English:

This book contains concrete examples from history, economy, biology, digital world, nuclear physics, agriculture and so on about breaking a neutrosophic dynamic system (i.e. a dynamic system that has indeterminacy) from inside.

We define a neutrosophic mathematical model using a system of ordinary differential equations and the neutrosophic probability in order to approximate the process of breaking from inside a neutrosophic complex dynamic system.

It shows that for breaking from inside it is needed a smaller force than for breaking from outside the neutrosophic complex dynamic system.

Methods that have been used in the past for breaking …

Neutrosophic Operational Research - Vol. 2, Florentin Smarandache, Mohamed Abdel Basset, Victor Chang

Branch Mathematics and Statistics Faculty and Staff Publications

Foreword John R. Edwards This book is an excellent exposition of the use of Data Envelopment Analysis (DEA) to generate data analytic insights to make evidence-based decisions, to improve productivity, and to manage cost-risk and benefitopportunity in public and private sectors. The design and the content of the book make it an up-to-date and timely reference for professionals, academics, students, and employees, in particular those involved in strategic and operational decisionmaking processes to evaluate and prioritize alternatives to boost productivity growth, to optimize the efficiency of resource utilization, and to maximize the effectiveness of outputs and impacts to stakeholders. It …