Digital Commons Network^™

Personal Reality: Delusion In Law And Science, Joshua C. Tate

Faculty Journal Articles and Book Chapters

The concept of an insane delusion appears in several branches of the law, including contracts, gifts, and wills. Critics of the traditional doctrine have made compelling arguments in favor of its modification or abolition in the context of wills, given that it is often used as an excuse to substitute the values of jurors for those of the testator. Moreover, recent scientific studies have shown correlations between delusions and other cognitive impairments, calling into question the need for an independent doctrine of insane delusion. Nevertheless, there is evidence that not all deluded individuals have additional cognitive biases, and those who …

The Cost Of Inexperience, Mirit Eyal-Cohen

Articles

Free market entry is vital in preventing concentration of market power and eliminating large deadweight losses Yet in recent years studies show that newcomers are less successful than existing firms that have diversifies their products in the market What might explain this phenomenonThis Article unveils a regulatory catch 22 It reveals that although a regulation may be efficient in correcting a certain market failure its distributional effects may create another It exposes the degree to which "economies of experience" in regulation create significant disadvantages to newcomers and provide substantial advantages to oldtimers Being wellversed in their marketplace oldtimers possess knowledge …

The Lived Experience In Relation To The Educational Needs Of Nurses Caring For Induced Hypothermia Patients, Marie Regina Hankinson

Student Theses, Dissertations and Capstones

Background: Ongoing educational development is essential to ensure the effectiveness of professional nurses’ learning experiences. Understanding the ways in which workplace learning occurs is fundamental to enabling nurse educators to deliver that knowledge. Induced hypothermia was introduced as a new treatment modality in 2005 and education surrounding the care of the hypothermia patient is lacking in the literature. Purpose: The purpose of this study is to illuminate how nurses learn new knowledge in the clinical setting. Theoretical Framework: The learning theory chosen for this study is the three dimensions of learning by Illeris (2004). Methods: Semistructured interviews were conducted with …

Abortion In A Post-Truth Moment: A Response To Erwin Chemerinsky And Michele Goodwin, Aziza Ahmed

Faculty Scholarship

In Abortion: A Woman’s Private Choice, Erwin Chemerinsky and Michele Goodwin respond to the crisis of abortion rights in our current political moment. While preserving the right to abortion is an ongoing challenge for reproductive-justice advocates and lawyers, the arrival of a new Republican administration led by Donald Trump and a Republican majority in the House and Senate heightens these concerns. In the face of ongoing and new threats to abortion access, Chemerinsky and Goodwin argue that abortion should be treated as a woman’s private choice. I agree with Chemerinsky and Goodwin, as all supporters of abortion rights should. …

Ocular Sensory Dominance And Viewing Distance, Karen Squier

Student Theses, Dissertations and Capstones

Abstract Purpose: It is not clear as to whether sensory dominance is affected by test distance. Jiang et al previously reported that that the sensory dominant eyes may be affected by refractive error; however this study was done at a near distance only (60 cm). In this study, we investigated the effect of two different test distances (near, 60 cm vs distance, 6 meters) on the laterality of ocular dominance. Methods: Ocular sensory dominance was quantified in 60 subjects with a technique that involves the dichoptic presentation of a Mondrian noise and a Gabor patch. The threshold to detect the …

Cruel Techniques, Unusual Secrets, William W. Berry, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

In the recent case of Glossip v. Gross, the Supreme Court denied a death row petitioner’s challenge to Oklahoma’s lethal injection protocol. An important part of Justice Alito’s majority opinion highlighted the existence of a relationship between the constitutionality of a punishment and the requirement of a constitutional technique available to administer the punishment.

Far from foreclosing future challenges, this principle ironically highlights the failure of the Court to describe the relationship under the Eighth Amendment between three distinct categories of punishment: (1) the type of punishment imposed by the court — i.e., death penalty, life without parole, life with …

Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The U.S. Supreme Court’s landmark case of Miranda v. Arizona created a culture in which police officers regularly warn arrestees that they have a right to remain silent, that anything they say can and will be used against them in a court of law, that they have the right to an attorney, and that if they cannot afford one, an attorney will be appointed to them. These Miranda warnings have a number of possible effects. The warnings are meant to inform suspects about negative consequences associated with speaking to the police without the assistance of counsel. In this sense they …

The Logic Of Comparable-Case Guidance In The Determination Of Awards For Pain And Suffering And Punitive Damages, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Little guidance is provided to fact-finders in arriving at awards for pain and suffering and punitive damages. Such awards are therefore highly variable. This article explains why methods involving comparable-case guidance — information regarding awards in comparable cases as guidance for determining damage awards — are generally effective in reducing unpredictability and improving the reliability of awards for pain and suffering and punitive damages. The article addresses major objections to such methods, and provides relevant legal context and direction for implementation.

Domestic Violence Asylum And The Perpetuation Of The Victimization Narrative, Natalie Nanasi

Faculty Journal Articles and Book Chapters

Pitiful. Helpless. Powerless. The words often used to describe survivors of domestic violence conjure a vivid and specific image of a woman lacking both strength and agency. These (mis)conceptions stem from the theories of “Battered Woman Syndrome” and “learned helplessness,” developed in 1979 by psychologist Lenore Walker, who hypothesized that intimate partner abuse ultimately causes a woman to resign herself to her fate and cease efforts to free herself from violence or dangerous situations.

Although widely criticized, learned helplessness has permeated the legal establishment, for example, serving as the foundation for mandatory arrest and “no drop” policies in the criminal …

Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This article explores the way in which the law currently deals with sexual violence against female children in the home – evaluating the ways in which the state has access to the private realm of the family and the ways in which civil and criminal legal systems deal with this type of trauma to girls across a spectrum of time. Research shows that the child protection system only captures a small percentage of sexual abuse right after it happens. However, research also shows that female child sex abuse survivors appear in statistically significant numbers among other groups – drug and …

The Current Volume Summer 2017, Nova Southeastern University

Student Newspapers

No abstract provided.

Facebook And Value Congruence, Andrew James Eyberg

Masters Theses

"The current discussion on the use of social networking sites (SNS) in personnel selection is mixed at best. The present research utilized participant's Facebook profiles to determine if raters can correctly - and accurately evaluate work value dimensions as a measure of person-organization fit. Similar research was successful in capturing personality dimensions via SNS (Buffardi & Campbell, 2009). Additionally, the value dimensions of the current measure used -- the Organizational Culture Profile (OCP) (O'Reilly et al., 1991) has been correlated with aspects of personality. Rater participants (N=105). Every five raters were randomly assigned five profiles to rate, for a total …

The Work Of Emergency Medical Technician-Paramedics: Understanding The Risks In Order To Prevent Musculoskeletal Disorders, Philippe Corbeil

Guides

No abstract provided.

To Thine Own Ceo Be True: Tailoring Ceo Compensation To Individual Personality And Circumstances, William O. Fisher

Law Faculty Publications

Eight-figure compensation. Cash. Restricted stock. Options. Performance shares. And more. Companies shower their CEOs with pay in large amounts, delivered in multiple ways, and dependent on complex and intricate formulae. It is all intended to motivate the top officers to make decisions that will best benefit their companies. Common sense tells us that the value of a complicated, multifaceted pay package- and hence its ability to motivate- will depend on the psychological characteristics and financial circumstances of the particular executive being paid. Economic theory and empirical studies confirm this intuition. Yet, companies generally ignore these vital factors. Substantive and disclosure …

Judicial Review And The Enumeration Of Rights, Jud Campbell

Law Faculty Publications

When introducing the Bill of Rights in Congress, James Madison explained that judges would "consider themselves in a peculiar manner the guardians" of those enumerated rights. This famous passage, often treated as authoritative, is conventionally understood to endorse the judicial enforceability of enumerated rights and deny the judicial enforceability of unenumerated rights. Enumeration, in other words, is considered as both a necessary and a sufficient condition for the judicial enforcement of rights against contrary legislation. This Essay disputes each of these orthodox views. Instead, it argues, Madison was commenting on judicial psychology and judicial politics, not judicial duty. Enumeration, in …

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

Law Faculty Publications

"The appellate courts of this Commonwealth are not unlit rooms where attorneys may wander blindly about, hoping to stumble upon a reversible error."

These words of Judge Humphreys, denying a 2016 child custody appeal, are cogent. Yet four months later, in another appeal, Judge Humphreys joined a unanimous decision overturning a common provision in a custody order. In Bonhotel v. Watts, the Court of Appeals of Virginia held that judges cannot delegate judicial decision making power in child custody cases to outside professionals. This sounds obvious, but such delegation is actually ordered all the time. In final orders, Virginia's trial …

Why Legal Writers Should Think Like Teachers, Laura A. Webb

Law Faculty Publications

This article proposes that new legal writers can improve their work by “thinking like teachers.” I assert that legal writing is fundamentally educative. Good writing thus requires good teaching. The article discusses the “curse of knowledge,” which makes it difficult for a writer who fully understands her topic to remember how a reader who is less knowledgeable about the topic will approach the material. It then explores three concepts from the science of learning — context, chunking, and connections — and discusses how a writer can use these concepts to effectively teach her readers.

Lawyer Resilience Alabama Lawyer Assistance Program, Pamela Bucy Pierson

Articles

No abstract provided.

The Use Of Choice To Reduce Negative Reactions To Online Interstitial Advertising, Paul Vogt

Graduate Research Theses & Dissertations

This thesis investigates choice as a way of reducing the negative reactions people have toward advertising. Specifically, online interstitial advertisements are examined when participants have a choice of commercials. Results indicate that choice, sex, and the advertisement itself interact to reduce measures of reactance (i.e., anger and negative cognitions). Intrusiveness is shown to be negatively associated with attitudes toward the brand and attitudes toward the advertisement when participants had a choice of advertisements. Cognitive responses were shown to be positively related to attitudes toward the advertisement and anger was shown to be negatively associated with attitude toward the brand.

The Relationships Among Collective Efficacy Factors And Achievement In Illinois High Schools, Matthew E. Haug

Graduate Research Theses & Dissertations

The purpose of this study was to examine the relationships among collective efficacy factors, as measured by the Illinois 5Essentials Survey, and college readiness scores, as reported by ACT, for high schools in the State of Illinois. From the student achievement mandates that all students meet academic standards, to the reports of less than half of Illinois' students meeting the ACT college readiness benchmarks, the challenge for high school leadership teams to improve upon the collective efficacy of their schools (and therefore, the structures leading to improvement in student achievement) are critical. This study used 2015 Illinois 5Essentials Survey data …

Testing The Equality Of Mean Functional Kinetic Energy Profiles Of Males And Females Using The Bootstrap, Todd Buretz

Graduate Research Theses & Dissertations

Functional data analysis (FDA) is an important technique that allows discrete data to be treated as continuous. Using FDA, data can be smoothed in order capture specific patterns as well as leaving out unwanted noise which aids in analysis. In order to smooth physical activity data, leave-one-out cross-validation can be used to calculate the smoothing parameter for each individual subject. Pseudo-data is then generated using the bootstrap resampling technique. The mean functions from the pseudo-data as well as the observed data are then compared against each other to calculate the significance of the mean functional profiles for males and females.

Stereotype Threat : A Qualitative Study Of The Challenges Facing Female Undergraduate Engineering Students, J. R. Entsminger Ii

Graduate Research Theses & Dissertations

From a sociocultural point of view, this qualitative case study explored how upper-level, female undergraduate engineering students perceived the possibility of or experience with stereotype threat as shaping their experiences. The study also investigated how these students explained their reasons for choosing their engineering major, the challenges they encountered in the major, and their reasons for persevering in spite of those challenges. Using Steele and Aronson's (1995) stereotype threat theory as a framework, and considering the documented underrepresentation of females in engineering, the study sought to examine how stereotype threat shaped the experiences of these students and if stereotype threat …

Coparenting Among Intact Families With Young Adolescents : Associations With Internalizing And Externalizing Symptoms, Andrew Joseph Flannery

Graduate Research Theses & Dissertations

There is growing evidence that the coparenting relationship maintains a strong influence on child psychological wellbeing, however this influence has not been as widely studied in relation to adolescent outcomes. Additionally, adolescent perspectives of their coparents' relationship have not been examined using a U.S. sample from intact families. Adolescence is a period rife with novel stressors and an increased risk for poor mental health outcomes. Thus, it is important to examine contextual family factors, such as the coparenting relationship, that have demonstrated an influence on psychosocial outcomes during other early stages of development. Extant evidence suggests that the coparenting relationship …

Cultural Model(S) Of Society In Western Ukraine, Nadiia Biletska

Graduate Research Theses & Dissertations

This thesis examines people's implicit assumptions about society in Western Ukraine manifested in discourses on the subject. The discourse data were elicited via in-depth interviews with people from diverse backgrounds in Lviv region. The thesis uses cultural models theory and methods in cognitive anthropology as the primary analytical framework. Specifically, it examines the hypothesis that historically different socially-mediated experiences that resulted from the disintegration of the USSR and subsequent societal developments in independent Ukraine were conducive to differences in mental representations of society among different generational cohorts. Evidence of three distinct conceptualizations---cultural models---of society were found. These models were variously …

Relationships Among Principal Leadership Behaviors, Teachers' Motivation, And Teacher Job Satisfaction, Thomas C. Lind

Graduate Research Theses & Dissertations

Certain transformational and transactional leadership behaviors exhibited by principals are effective in creating a work environment that supports teacher autonomy and higher levels of teacher job satisfaction. In an age of school reform and increased pressures on teachers to improve student performance, few studies have examined the relationships between principal leadership behaviors, teacher motivation, and teacher job satisfaction. The current study used data gathered from principals to examine the relationships between a principal's transformational and transactional leadership practices and a teacher's autonomous and controlled motivations. In addition, the relationship between a principal's leadership practices and a teacher's level of job …

Principal Motivation In The Era Of Accountability, Matthew Vosberg

Graduate Research Theses & Dissertations

The state of Illinois has raised the expectations for principal performance with the 2010 passage of the Performance Evaluation Reform Act (PERA), which requires 30% of a principal's evaluation to be linked to student achievement data. This reform effort is the latest iteration of school accountability measures that have been implemented in schools across the country. There have been increased efforts at the state and federal level to increase accountability for school performance as measured by standardized test results. The linkage of standardized test scores to individual evaluations marks the strongest efforts to bring accountability to principals for the academic …

Principals' Perceptions Of Working With Suburban Elementary Students From Poverty, Kathryn M. Schafermeyer

Graduate Research Theses & Dissertations

The increase of poverty in suburban communities since the year 2000 has fundamentally changed the work of elementary school principals in suburban schools. Using a qualitative method, 10 suburban elementary school principals from the Chicago metropolitan area were interviewed to gain a deeper understanding of their perceptions of working with suburban elementary school students from poverty. Principals revealed that they see poverty as having a deficit influence on suburban elementary students. They defined that they see the role of principal as helping students gain from the school experience by reducing the obstacles to learning that poverty presents and, therefore, providing …

Social Presence In An Online Cohort, Marlo Barnett-Allen

Graduate Research Theses & Dissertations

Social presence in online learning has become significant in discussion in higher education. The current study was designed to reveal more fully the student perception of social presence within an online cohort. The research described in the current paper was a phenomenological study designed to examine the experiences of seven students who had graduated with master's degrees from an online cohort program. Specifically, the research examined students' perception of social presence through the lens of the Community Inquiry model, along with social cognitive theory, to determine the factors that might influence the levels of social presence in an online cohort. …

Metaphorical, Punitive, And Pedagogical Blindness In Hell, Meghan Henning

Books and Book Chapters by University of Dayton Faculty

What is the role of the blind body in hell? Does it gesture to broader cultural conceptions of physical impairment? Can the blind be healed in places of eternal punishment? Does this ‘healing’ function similarly to the understandings of blindness available in contemporaneous medical texts? This article will examine the depictions of the blind in the extra-canonical apocalypses that describe hell. We will begin with a discussion of the apocalyptic tours of hell that describe blindness, paying special attention to the different roles (metaphorical, punitive, and pedagogical) that blindness plays in each text. We will also consider the impact that …

A Trauma Analogue Study Investigating The Role Of Attentional Shifting In Emotion Regulation, Melissa J. London

Graduate Research Theses & Dissertations

Trauma-focused research has shown that high attentional control serves as a buffer against posttraumatic stress symptoms and other pathology. However, less is known in regard to the influence of attentional processes on the effectiveness of treatment strategies used to reduce symptoms. The current project used an analogue design to examine the impact of participants' ability to flexibly shift attention on the effectiveness of two prominent emotion regulation strategies in managing distress and trauma-related symptoms (i.e. negative affect, intrusive thoughts, and avoidance). Undergraduate students ( N = 153) completed a dot-probe task incorporating stimuli that elicit negative emotions and trauma-related stimuli …