Digital Commons Network^™

The Best Way Out Is Always Through: Changing The Employment At-Will Default To Protect Personal Autonomy, Matthew T. Bodie

All Faculty Scholarship

Employment at-will is the default rule of termination for the vast majority of American employment relationships. The rule creates a presumption—a strong one—that the contract for employment allows either party to terminate the contract at any point in time. Since its inception, this bright line rule has given way to carefully curated exceptions, primarily to protect against discrimination and retaliation. This Article proposes that state courts create a new exception to the at-will rule—or, perhaps more accurately, acknowledge an intricacy within the existing default. The personal-autonomy presumption would modify at-will to make clear that employers will not take any action …

Are Uber And Transportation Network Companies The Future Of Transportation (Law) And Employment (Law)?, Miriam A. Cherry

All Faculty Scholarship

Transportation network companies (“TNCs”) such as Uber and Lyft manage ridesharing platforms that have increased efficiency and convenience for many passengers. These platforms, however, have also opened the door to many legal and regulatory issues pertaining to their business practices, employment structures, and transportation law and policy. This article provides a perspective on the economic, social, technical, and political aspects of TNCs in two steps, focusing on transportation and employment. First, it examines the future of TNCs in transportation, noting that TNCs could do more in terms of environmentalism to live up to the promise of the “sharing” economy. Second, …

The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry

All Faculty Scholarship

Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law does little to resolve worker classification problems on new platforms, such as ridesharing applications. Other forms of online work create even more complex problems, such as when work is disguised as an innocuous task like entering a code or answering a question, or when work is gamified and hidden as a leisure activity. Other …

Dependent Contractors' In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi

All Faculty Scholarship

Lawsuits around the misclassification of workers in the on-demand economy have ballooned in the United States in recent years. That is because employee status is the gateway to many substantive legal rights. Inresponse, some commentators have proposed an in-between hybrid category just for for the gig economy. However, such an intermediate category is not new. In fact, it has existed in many countries for decades, producing successful results in some, and misadventure in others. We use a comparative approach to analyze the experiences of Canada, Italy, and Spain with the intermediate category. In Italy, the quasi-subordinate category created an opportunity …

Shattering 'Blight' And The Hidden Narratives That Condemn, Patricia Hureston Lee

All Faculty Scholarship

Tilting at windmills is an expression used to describe Don Quixote’s battle against perceived giants that everyone else sees merely as windmills. This expression can also describe the predicament of St. Louis Place property owners who fought against a combination of case law, statutes, governmental condemnation decisions and an unflattering narrative to save their property. In the end, St. Louis Place property owners might as well have been fighting windmills.

Since Berman v. Parker, legal scholars have challenged the definition of the term blight and the manner in which condemnation takings are used as revitalization tools in distressed communities. Attempts …

Out Of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution And Constitutional Limitations, Henry Ordower, J. Onésimo Sandoval, Kenneth Warren

All Faculty Scholarship

The matter of police and municipal courts as revenue producers became increasingly prominent following Michael Brown’s death from a police shooting. This article considers the use of misdemeanors, especially traffic violations, for the purpose of collecting substantial portions of the annual operating budgets in municipalities in St. Louis County, Missouri. The article argues that the revenue raising function of traffic offenses has displaced their public safety and traffic regulation functions. The change in function from public safety to revenue suggests that the governing laws are no longer valid as exercise of policing power but must be reenacted under the taxing …

The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie

All Faculty Scholarship

A wave of progressive corporate law scholarship in the late 1980s and early 1990s reimagined corporate law from the perspective of employees, consumers, and other stakeholders left behind by shareholder primacy. Almost thirty years later, it is time to revisit this literature and consider what progressive corporate law should be in the 21st Century. This essay argues for three changes: (1) a move to the theory of the firm as the underlying economic literature; (2) a focus on employees, rather than stakeholders more generally, and (3) an effort to change statutory and structural aspects of corporate law, such as board …

Lessons From The Dramatists Guild For The Platform Economy, Matthew T. Bodie

All Faculty Scholarship

Are platform workers part of a firm or are they working as individual businesses? Are they providing their labor as part of a team, or do they hold on to individual capital throughout their transactions? This essay explores the question of employee versus independent contract through the specific examples of dramatists and screenwriters. Dramatists have chosen to conduct their work as separate artists; they maintain copyright over their work, and they retain control over its use. Screenwriters, on the other hand, work as part of a team; they hand over their copyright to the production company and cede control over …

Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman

All Faculty Scholarship

In late 2016, the Supreme Court granted certiorari in TC Heartland, LLC v. Kraft Foods Group Brands LLC,1 a case addressing the interpretation of the special patent venue and the general venue statutes. The case was brought by Heartland, a sweetener manufacturer organized as a limited liability company under Indiana law and headquartered in Indiana.2 In 2014, Kraft sued Heartland for infringement of three patents on liquid water enhancers. Although Kraft is headquartered in Illinois, the lawsuit was brought in the District of Delaware, where Heartland is not registered to do business and does not have a regular or established …

Religious Privilege To Discriminate As Religious Freedom: From Charitable Choice To Faith Based Initiatives To Rfra And Fada, Marcia L. Mccormick

All Faculty Scholarship

The movement for Lesbian, Gay, Bisexual, Transgender, Queer, Inter-sex, and Asexual (LGBTQIA) rights has had three main themes since the civil rights era: freedom from criminalization of relationships and harassment by police; protection from discrimination in employment, housing, public ac-commodations, and government services; and civil protections for familial re-lationships, like the right to marry.[1] Freedom from criminalization of inti-mate relationships was won in 2003, when the Supreme Court held that the federal constitution protected same-sex intimate conduct and that states could not make that conduct criminal,[2] and that decision accelerated the fight for civil protections for familial relationships. In May …

Lessons From Ferguson And Beyond: Bias, Health, And Justice, Sidney D. Watson

All Faculty Scholarship

August 9, 2014, Michael Brown, an 18-year-old African American teen, killed by police in Ferguson, Missouri.

November 22, 2014, Tamir Rice, a 12-year-old African American child, killed by police in Cleveland, Ohio.

April 4, 2015, Walter Scott, a 50-year-old African American man, killed by police in Charlotte, North Carolina.

November 15, 2015, Jamar Clark, a 24-year-old African American man, killed by police in Minneapolis, Minnesota.

July 6, 2016, Philando Castile, a 32-year-old African American man, killed by police in Falcon Heights, Minnesota.

The list of Black men and women killed by police goes on and seems to grow by the …

A Comparison Of Defendants With Mental Illness Represented By Public Defenders And Private Attorneys: An Analysis Of Court-Ordered Pretrial Psychiatric Evaluations, Donald M. Linhorst, P. Ann Dirks-Lindhorst, Susan Mcgraugh, Lauren Choate, Sarah Riley

All Faculty Scholarship

This study compared the characteristics and court-ordered evaluation questions and responses among 4,430 defendants to determine if differences existed between those represented by public defenders and private attorneys when receiving trial competency or responsibility psychiatric evaluations from a state department of mental health. Defendants represented by public defenders were more likely to be younger, to have less education, to have psychotic disorders, to have a history of inpatient psychiatric treatment, to live in urban or rural counties, and to be jailed at the time of the evaluation. In addition, defendants represented by public defenders were less likely to have a …

Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman

All Faculty Scholarship

The ex parte seizure provision of the Defend Trade Secrets Act is another step in a long line of legislation that shifts the costs of private enforcement to the public, which already has a toehold in copyright and trademark law. The ex parte provision — which is not incorporated into any state trade secret law — relieves rights owners of two “burdens.” First, it relieves the trade secret owner of the burden of actually having to compete in the marketplace. Second, it relieves the trade secret owner of the burden of the costs associated with the discovery process of a …

Is Having Too Many Aggravating Factors The Same As Having None At All?: A Comment On The Hidalgo Cert. Petition, Chad Flanders

All Faculty Scholarship

While the Court does not dispute that at first blush the defendant's argument appears logical, it is disturbed by the prospect of how one determines the point at which the number of aggravating circumstances causes the death penalty statute to be generally unconstitutional. Is the Court to engage in some mathematical calculation as to who might be covered by the statute and who is not; and if so, what would be reasonable and logical factors to include in the formula? Can the Court arbitrarily declare that fifty aggravating circumstances is too many but forty-nine is permissible? Even assuming one could …

Punishment, Liberalism, And Public Reason, Chad Flanders

All Faculty Scholarship

The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious social interests society has in punishing criminals, and tries to develop those possible interests somewhat sympathetically. Section II suggests that many of those reasons are not good ones if punishment is regarded (as it should be) from the perspective of political philosophy. Social responses to bad things happening to people cannot be grounded in controversial metaphysical views about what is good for people or what people deserve, but many …

Preventing Neonatal Abstinence Syndrome Within The Opioid Epidemic: A Uniform Facilitative Policy, Jeremiah A. Ho, Alexander Rovzar

All Faculty Scholarship

The United States is currently in the midst of an opioid epidemic that has hit states in the southern New England regions particularly hard — with Massachusetts as one primary example. One of the many unfortunate results of the epidemic is a dramatic upsurge in cases of opioid dependency by expectant women that result in children born with Neonatal Abstinence Syndrome (NAS). NAS is a clinical syndrome that occurs when a newborn suffers withdrawal symptoms as a consequence of abrupt discontinuation of prenatal substance exposure. The expenses of treating and rehabilitating these drug-dependent newborns, predominantly shouldered by state taxpayers, are …

Caregiver Training Program On Emergent Literacy Development Of Augmentative And Alternative Communication Users, Meghan Bowers

Murray State Theses and Dissertations

Teaching early literacy to typically developing individuals is widely practiced and has a vast amount of research backing its success (Strum et. al., 2006). Current research has shown that both children and adult augmentative and alternative (AAC) users are underachieving in the development of reading and spelling skills, but the underachievement in these areas is not correlated to a lack of cognitive and linguistic abilities (Sandberg, Smith, Larsson, 2010). Like their typically developing peers, AAC users must have the same repeated opportunities to participate in a wide range of literacy tasks to attain literacy skills (Strum et. al., 2006).

Children …

To Stand Against The Company: A Study Of The British Honourable East India Company And Piracy In The Indian Ocean World, Circa 1680-1760, John Ridge

Murray State Theses and Dissertations

This study attempts to explore the multi-faceted challenges and hindrances brought upon the British East India Company by piracy in the Indian Ocean World. European and American pirates in the late seventeenth and early eighteenth centuries influenced economic, political, and social factors in the Indian Ocean. The Angrians in the eighteenth century did the same, constituting an indigenous piratical threat. These forms of piracy encouraged the British East India Company to gradually bolster military strength to mobilize against them. With their own built up strength, Royal navy support, local Mahratta allies, and internal-conflict within the Angres, the British East India …

The Relative Effectiveness Of Course Delivery Methodology On Student Success, Retention, And Persistence In Remedial Mathematics, John P. Eveland

Murray State Theses and Dissertations

There are a substantial number of studies that consider the effectiveness of online instructional methodologies in general, but there is sparse previous work specifically targeting developmental mathematics students in community colleges. This study examines the relative effectiveness of online versus traditionally delivered developmental mathematics courses at Somerset Community College (SCC) in Somerset, Kentucky. At SCC, developmental mathematics is divided into three consecutive courses, MAT 055, MAT 065, and MAT 085, and this study considered each of these courses separately.

For this study, each student enrollment in any of SCC’s developmental mathematics courses was obtained for students in the Fall 2011 …

Examining The Relationship Between Inattention, Impulsivity, And Externalizing Behaviors In Children: Does Intelligence Play A Role?, Carrie Blackeye-Hall

Murray State Theses and Dissertations

This study gathered data using archival clinical files from the Murray State University Psychological Center, which provides psychological services to students, faculty, staff, and community members. The majority of the participants for the sample consisted of Caucasian (93%) males (60%) seeking an assessment (N = 76). Measures of externalizing behaviors and attentional problems were gathered from the Child Behavior Checklist (CBCL), and a measure of general cognitive ability (GAI) was gathered from the Wechsler Intelligence Scale for Children-Fourth Edition (WISC-IV). It was hypothesized that the relationship between impulsivity and externalizing behaviors would be more pronounced when intelligence is lower. …

Persistence To Graduation Of Students In The Teacher Preparation Program At Murray State University, David Meinschein

Murray State Theses and Dissertations

This study focused on persistence, and graduation rates of traditional students attending four-year public institutions. The study highlighted the complexity of persistence and degree completion by examining risk factors that impact persistence and degree completion. The purpose of this study was two-fold. First, the study sought consensus from a group of stakeholders, graduates from Murray State University’s (MSU) Teacher Education Program (TEP), to determine a list of specific expectations of a postsecondary institution in persisting to degree completion. Secondly, the study gathered data from the stakeholder of how each expectation was met while enrolled in the TEP at MSU.

This …

Impacts Of Mentoring Program On At-Risk Students, Melissa Marie Judd

Murray State Theses and Dissertations

Many middle school students are considered at-risk due to attendance, lower levels of academic achievement, and behavior referrals. Mentoring programs have been in effect for decades and continue to yield positive results. The purpose of the study is to determine if fourth and fifth grade at-risk students are impacted by mentoring. The researcher seeks to determine if mentoring increases students’ attendance, increases math and reading test scores, and decreases the amount of behavior referrals. Participants were compared to their own data using a pre-tests and post-tests. Attendance comparisons were made between Spring 2016 and Spring 2017 semesters. Math and reading …

Habitat Usage Of Tri-Colored Bats (Perimyotis Subflavus) In Western Kentucky And Tennessee Post-White Nose Syndrome, Katherine Schaefer

Murray State Theses and Dissertations

The tri-colored bat (Perimyotis subflavus) has declined severely across its range since 2006 due to white nose syndrome, a fungal disease causing massive bat mortality in North America. My objective was to determine distinguishing characteristics of roost trees and habitat used by tri-colored bats so that the species’ needs can be considered in management plans. I mist-netted for tri-colored bats in western Kentucky and Tennessee during the summers of 2015 and 2016, and attached a radio transmitter to each captured adult bat. I tracked 15 bats to their day roosts and collected habitat data at 38 roost areas …

Effects Of Personal Technology Devices On Instruction And Learning In High School Biology, Susan P. Beatty, Teresa Clark Ed.D., Dusty Reed, Yuejin Xu

Murray State Theses and Dissertations

The purpose of this study was to explore the use of personal technology devices during classroom instruction as learning tools by high school biology students. The study sought to determine how a classroom environment with a Bring Your Own Device instructional method in place affected student achievement and student perceptions about biology, as well as viewpoints about their devices as tools for learning. Technology in the hands of teenagers today is nearly ubiquitous and often distracting in the traditional classroom. As the literature indicates, different views exist about the efficacy of using personal technology for learning. This study intended to …

A Mediated Model Of Relationships Among Belonging, Identification, And Cohesion In College Athletes, Michelle R. Sherman

Murray State Theses and Dissertations

In an attempt to add to the limit literature measuring team identification and sense of belonging, a sample of 147 current student athletes completed measures of team identification with his or her current sport team, sense of belonging, and levels of cohesion. Four mediation analyses were computed to investigate that sense of belonging mediated the relationship between team identification and a) social integration cohesiveness, b) social attraction cohesion, c) task integration cohesion, and d) task attraction cohesion. Despite what was expected, only one hypothesis was significant: sense of belonging mediated the relationship between team identification and social attraction cohesion. Implications …

Is Knowing Half The Battle? The Effects Of Acceptance And Commitment Therapy Compared To Psychoeducation On Stigma Towards Mental Illness, Rebecca L. Fountain

Murray State Theses and Dissertations

Both Acceptance and Commitment Therapy (ACT) and Psychoeducation have been shown to reduce stigmatizing thoughts towards individuals with mental illness. The present study compared the effects of a 50 minute ACT and 50 minute psychoeducation workshop on levels of stigma in college students (N = 76). Psychological flexibility and knowledge about mental illness were examined as potential mechanisms by which the workshops generated stigma reduction. Participants were randomly assigned to either workshop with pre and post scores on the Community Attitudes Towards the Mentally Ill scale used as the primary dependent variable. Both workshops were effective in reducing levels …

Concurrent Validity Of The Missouri Adaptive Behavior Inventory, Hannah Janecek

Murray State Theses and Dissertations

This study was designed to determine the concurrent validity of the Missouri Adaptive Behavior Inventory (MABI) by comparing it to the Adaptive Behavior Assessment ScaleThird Edition (ABAS-3). The MABI is an unpublished measure of adaptive behavior developed to specifically measure adaptive functioning required by federal statute. The ABAS-3 is a norm-referenced, valid, and reliable measure of adaptive behavior published in 2015. Twenty-five children were administered the MABI and the ABAS-3 in a counter-balanced manner, and raw scores were statistically compared using Pearson correlations. As expected, numerous statistically significant correlations were found among the MABI subtests and between the MABI and …

Eating Attitudes And Perception Of Peer Social Media, Sharon Smith

Murray State Theses and Dissertations

There is evidence that social factors influence eating-disordered behaviors through social modeling and social comparison. One way that researchers examine social comparison and perceptions of individuals with disordered eating behaviors is through vignette studies, but these studies may lack the nuance of how these behaviors are displayed outside of the lab, and therefore lack external validity. The current study examined how individuals who score high and low on the EAT-26 (a measure of eating behavior) perceive the eating behaviors of a fictional peer and possible social comparison target, presented in the form of a social media profile. Participants with higher …

Too Tired To Care: Religious Orientations’ Relationship With Ego-Depleted Empathy, Mark Handley

Murray State Theses and Dissertations

Psychological research into various aspects of religiosity, empathy, and self-regulation has grown throughout the years. Using Wulff’s (1997) literal verses symbolic bipolar dimension of religiosity, Duriez (2004) found that participants who identified as tending to possess symbolic beliefs regarding religious symbols reported the ability to emphasize with others more than those adhering to increasingly literal interpretations of religious themes. Watterson and Giesler (2012) found that individuals who tended to have higher levels of religiosity appeared to engage longer in a self-regulatory task than those who showed lower levels of religiosity. Researchers interested in self-regulation have found individuals who had undergone …

Why Are Soft Skills Missing In Today's Applicants, Robert Schooley

Murray State Theses and Dissertations

Abstract

The employers in our country are claiming students are graduating high school and college without the soft skills to succeed in this country’s workforce. This study examined what are soft skills and why are they missing from recent graduates. The study took an historical approach to trace how soft skills have been used and ignored in our nation’s educational history to the point where employers are claiming they are missing in today’s job applicants. The study then conducted focus groups with elementary, middle and high school teachers to assess they ideas on why soft skills are missing or if …