Digital Commons Network^™

Enduring Originalism, Kevin C. Walsh

Law Faculty Publications

If our law requires originalism in constitutional interpretation, then that would be a good reason to be an originalist. This insight animates what many have begun to call the "positive turn" in originalism. Defenses of originalism in this vein are "positive" in that they are based on the status of the Constitution, and constitutional law, as positive law. This approach shifts focus away from abstract conceptual or normative arguments about interpretation and focuses instead on how we actually understand and apply the Constitution as law. On these grounds, originalism rests on a factual claim about the content of our law: …

Association Between Schizophrenia And Violence Among Chinese Female Offenders, Jun Wang, Xiao-Min Zhu, Si-Mei Zhang, Jian-Song Zhou, Qiguang Li, Qun Wang, Shao-Ling Zhong, Chee H. Ng, Gabor S. Ungvari, Yu-Tao Xiang, Xiao-Ping Wang

Medical Papers and Journal Articles

Little is known about the association between schizophrenia and violence in women in China. This study aimed to examine the association between schizophrenia and violence in Chinese female offenders. Fifty-two schizophrenia patients were identified from the female offenders who received forensic psychiatric assessments in 2011 in Hunan province, China. Using a propensity score matching method, 104 matched controls without psychiatric disorders were selected from female criminals in Hunan province. Violent offences and homicides were verified and recorded. The percentages of violent offences and homicides were significantly higher in female offenders with schizophrenia than in controls (78.8% vs. 30.8%, P < 0.001; 44.2% vs. 18.3%, P = 0.001, respectively). Multivariate logistic regression analyses revealed that diagnosis of schizophrenia, younger age at first offence, living in rural area and a lower education level were independently and positively associated with violent offences, while having a diagnosis of schizophrenia and lower education level were associated with homicides. There appears to be an independent and positive association between schizophrenia and violent offence in Chinese female offenders. Effective preventive approaches on violence in female schizophrenia patients are warranted.

The Unmet Needs Of Aboriginal Australians With Musculoskeletal Pain: A Mixed Method Systematic Review, Ivan B. Lin, Samantha Bunzli, Donna Mak, Charmaine Green, Roger Goucke, Juli Coffin, Peter B. O'Sullivan

Medical Papers and Journal Articles

Objective: Musculoskeletal pain (MSP) conditions are the biggest cause of disability and internationally, Indigenous peoples experience a higher burden. There are conflicting reports about Aboriginal Australians and MSP. We conducted a systematic review to describe the prevalence, associated factors, impacts, care access, health care experiences, and factors associated with MSP among Aboriginal Australians.

Methods: A systematic search of quantitative and qualitative scientific and grey literature (PROSPERO number: CRD42016038342). Articles were appraised using the Mixed Methods Appraisal Tool. Due to study heterogeneity a narrative synthesis was conducted.

Results: Of 536 articles identified, 18 were included (14 quantitative, 4 qualitative), of high …

What Are The Determinants Of Interpersonal Trust In Dyadic Negotiations? Meta-Analytic Evidence And Implications For Future Research, Serena Changhong Lu, Dejun Tony Kong, Donald Lee Ferrin, Kurt T. Dirks

Research Collection Lee Kong Chian School Of Business

Given the practical importance of interpersonal trust in dyadic negotiations, scholars have increasingly turned their attention to the study of determinants of trust in negotiations. However, research in this area has not been well connected or integrated, which limits the ability of scholars and practitioners to ascertain the state of current scientific knowledge and identify questions for future research. Based on attribution theory and social exchange theory, we present a conceptual framework for understanding how a variety of factors combine to influence the development of interpersonal trust in dyadic negotiations. Then, to verify the conceptual framework, we identified and meta-analysed …

The Identity Formation Of South Asians: A Phenomenological Study, Shabana Shaheen

Theses and Dissertations

This research explores the lived experiences of South Asians college students. This research, through a qualitative study that is rooted in the philosophy of phenomenology, explores the essence South Asians’ identity formation. Qualitative data was collected through semi-structured interviews with South Asian college students. The data analysis was under a phenomenological lens that centered the lived experiences and the essence of these experiences in the results. Seven themes emerged from this phenomenological study: negotiating bicultural identity, model minority expectations, meaningful impact of religious spaces, understandings of intra-community tensions, racialization of Islamophobia, understandings of South Asian identity and efficacy of Asian …

The Role Of Afrocentric Features In Mental Healthcare Utilization And Counselor Preferences In Black College Students, Randl B. Dent

Theses and Dissertations

Though mental health issues are prevalent in Black young adults, they underutilize mental healthcare services. This research examined the role of feature-based discrimination in mental healthcare (under)utilization. Study 1, a secondary analysis of the National Longitudinal Study of Adolescent to Adult Health, provided no evidence supporting a link between skin tone and mental healthcare utilization, when controlling for depression diagnosis. However, when controlling for depression symptoms, there was a trend such that Black young adults with darker, as opposed to lighter, skin tone utilized healthcare less. Study 2, an experimental study with 33 Black college students, showed 73% of the …

One In Eight: Deciding To Pursue A College-Going Possible Self In A High-Poverty High School, David B. Naff

Theses and Dissertations

There is considerable research evidence suggesting that low-income, racial minority students value education and aspire for postsecondary educational attainment (Bloom, 2007; Destin & Oyserman, 2009; Wigfield & Eccles, 2002). However, their performance in school often does not align with those values and ambitions, as these students tend to underachieve in comparison with their higher-income, non-minority peers (Reardon, 2011), with particular gaps found in those attending schools of concentrated poverty (Rowan, 2011). This gap between educational ambition and attainment suggests that the experience of living and going to school in a high-poverty context could be related to the motivational processes driving …

A Biobehavioral Approach To Examining Moral Distress In Critical Care Nurses, Marian Altman

Theses and Dissertations

Moral distress is a complex and challenging problem that may cause negative biopsycohosical and professional outcomes for critical care nurses. The purpose of this work was to explore the relationship between the ethical climate of the work environment and moral distress as experienced by critical care nurses; and to explore relationships among mediators of stress (nurse characteristics e.g. education (BSN, nonBSN), years certified as a critical care nurse, and tolerance of ambiguity) and their relationship with perceived stress, moral distress, health status and salivary alpha amylase. A descriptive correlational cross-sectional design was used for this pilot study of 100 critical …

An Investigation Of How Black Stem Faculty At Historically Black Colleges And Universities Approach The National Science Foundation Merit Review Process, Falcon Rankins

Theses and Dissertations

This qualitative inquiry explored the ways in which US-born, Black faculty member participants in science, technology, engineering, and mathematics (STEM) disciplines at Historically Black Colleges and Universities (HBCUs) interact with the National Science Foundation (NSF). Eight Black HBCU STEM faculty members with a range of involvement in NSF-related activities were individually interviewed. Topics of discussion with participants included their prior experiences with NSF, their understanding of the merit review process, and their understanding of their personal and institutional relationships with NSF and the STEM community. Two broad findings emerged from the conversations. The first was that issues of communities and …

Recovery From Design, Cassandra J. Ellison

Theses and Dissertations

Through research, inquiry, and an evaluation of Recovery By Design, a ‘design therapy’ program that serves people with mental illness, substance use disorders, and developmental disabilities, it is my assertion that the practice of design has therapeutic potential and can aid in the process of recovery. To the novice, the practices of conception, shaping form, and praxis have empowering benefit especially when guided by Conditional and Transformation Design methods together with an emphasis on materiality and vernacular form.

Distant Electric Vision: Cultural Representations Of Television From “Edison’S Telephonoscope” To The Electronic Screen, Ivy Roberts

Theses and Dissertations

Do inventions that exist only on paper have less credibility than functional technologies? How has the meaning and significance of audiovisual media and technology changed over time? This dissertation examines historiography and methodology for media history, arguing for an interdisciplinary approach. It addresses methodological issues in media history—media in transition, media archaeology, and film history—through an examination of television’s speculative era. It tackles moving-image history through an historical investigation of Victorian and Machine age “television”.

Because the concept and terminology of “television” changed dramatically during this period, I use the phrases “distant electric vision” and “seeing by electricity,” to define …

Virginia's Instructional Technology Resource Teacher Program: Ten Years Later, What We Know, -Where Do We Need To Go?, Cherise A. Hodge

Theses and Dissertations

VIRGINIA’S INSTRUCTIONAL TECHNOLOGY RESOURCE TEACHER PROGRAM: TEN YEARS LATER, WHAT WE KNOW, WHERE DO WE NEED TO GO?

By Cherise Ann Hodge, PhD

A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of

Philosophy at Virginia Commonwealth University.

Virginia Commonwealth University, 2017

Director: Dr. Whitney Newcomb,

Professor, Educational Leadership

In 2004, Virginia’s Department of Education (VDOE) identified the need for technology integration in instruction to meet the needs of the 21^st century student. For this to happen effectively, Virginia legislators authorized and funded an instructional position, the Instructional Technology Resource Teacher (ITRT), for each …

Good As We Know It: Goodness In Design Discourse Since 1870, Garreth C. Blackwell

Theses and Dissertations

This dissertation examines the ways in which design and design practitioners have defined value in the design discourse through the vocabulary and concept of goodness since 1870. These definitions of value have been central to design discourse both past and present and deal with the impact and purpose of design work as well as its role in the creation of the approaching future. Since before the coalescence of graphic design as a separate field of design, these questions have been tied to the form, function or social impact of the objects created by designers. Despite the prevalence of this line …

The Impact Of Perceived Mental Illness Stigma On Caregivers’ Desire To Relinquish Care, Tyler R. Corson

Theses and Dissertations

Caregiving can be stressful, and older adults’ health and well-being may be impacted by the roles and responsibilities they assume as caregivers for persons with serious mental illness (SMI). This study is the first to apply the Stress Process Model of Caregiving (SPM) in an attempt to understand how mental illness stigma influences caregiver outcomes, specifically their desire to relinquish care. The intent of this study was to call attention to care relinquishment as an under-studied stress process outcome and to explore stress factors, with a focus on mental illness stigma, that contribute to SMI caregivers’ desire to relinquish care. …

Testing The Ability Of Two Series Of Models To Predict High School Graduation Status, David T. Marshall

Theses and Dissertations

The purpose of this study was to create and test two series of predictive models aimed at projecting high school graduation status. Secondary data were obtained in partnership with an urban school district. All of the predictor variables included in the models tested in this study were academic and nonacademic variables that were found to be significant predictors of high school graduation in previous empirical work. In the first series of models tested, individual academic and nonacademic variables were tested together along with school-level variables. Eighth and ninth grade variables were tested separately to avoid multicollinearity issues. The second series …

Ethnic Racial Identity, Social Transactions In The Classroom, And Academic Outcomes, Krystal R. Thomas

Theses and Dissertations

Using a transactional framework, this study explored social relationships in the classroom as mediators of the association between ethnic-racial identity and academic outcomes. Participants were 101 5^th graders of diverse backgrounds who completed computer-based questionnaires about their friendships, ethnic-racial identity, and academic engagement. Teachers reported on closeness and conflict in the student-teacher relationship. Relationships in the expected direction were evident between the public regard and centrality dimensions of ethnic-racial identity and social relationships as well as with academic outcomes. Further, path analyses revealed that the relationship between the public regard and cognitive engagement was mediated by student-teacher closeness. Gender …

Community Gardens: Exploring Race, Racial Diversity And Social Capital In Urban Food Deserts, Jennifer F. Jettner

Theses and Dissertations

Study purpose. The study examined race and racial diversity in community gardens located in Southern urban food deserts, as well as the capacity of community gardens to generate social capital and promote social justice. Methods. A mixed-methods approach was used to describe characteristics of gardeners and community gardens located in urban food deserts, and test Social Capital Theory hypotheses. A convenience sample of 60 gardeners from 10 community gardens was obtained. Data was collected using surveys and semi-structured interviews. Analyses. Univariate and bivariate statistics were used to describe gardeners and gardens. Leader rationales for garden characteristics were analyzed using thematic …

Conflicted Commons: A Local Makerspace In The Neoliberal City, Caitlin Cunningham

Theses and Dissertations

The commodification of culture, space, and resources is incentivized by neoliberal urbanism. In response, we have seen an attempt to develop collectively organized, oppositional spaces within urban places. The tensions that arise when considering the production of commons in the development of the neoliberal city are the central focus of this paper. As I will observe, these spaces are subjected to commodification as they become increasingly de-politicized through neoliberal ideologies. In order to theorize about these contradictory elements, I observe a makerspace in Richmond, Virginia called HackRVA. Specifically, I consider HackRVA as an urban commons. Through in-depth interviews and participant …

The Japanese Experience In Virginia, 1900s-1950s: Jim Crow To Internment, Emma T. Ito

Theses and Dissertations

This thesis addresses how Japanese and Japanese Americans may have lived and been perceived in Virginia from 1900s through the 1950s. This work focuses on their positions in society with comparisons to the nation, particularly during the “Jim Crow” era of “colored” and “white,” and after the bombing of Pearl Harbor in 1941. It highlights various means of understanding their positions in Virginia society, with emphasis on Japanese visitors, marriages of Japanese in Virginia, and the inclusion of Japanese in higher education at Roanoke College, Randolph-Macon College, William and Mary, University of Virginia, University of Richmond, Hampden-Sydney College, and Union …

Separate And Equal: Power Dynamics Between Women Sleeping With Women Partners, Helen Virginia Mays

Theses and Dissertations

The purpose of this study was to explore the power dynamics in relationships between women who sleep with women (WSW). Using private, semi-structured interviews, the areas of financial and sexual power were explored. A total of 10 participants were interviewed individually using a snowball sample. Previous literature has shown that WSW partners are egalitarian, meaning both partners share in the decision making, with respect to household chores and other decisions in the home (Blumstein & Shwartz, 1984; Kurdeck, 2006). Instead of WSW following gender scripts like some heterosexual partners, WSW couples decide roles by preference, choice and after discussing what …

Open / Close: Assimilating Immersive Spaces In Visual Communication, Anika Sarin

Theses and Dissertations

I am interested in two spaces obverse to each other: open and closed. An open space develops organically based on how people inhabit it. Interacting with an open space is a dynamic, sporadic, multisensory, immersive, and subjective experience. In such spaces, we are confronted with an alternative aesthetic, one that is in conflict with the seamlessness of a closed space. A closed space is anchored on definite variables like structure, use and boundaries. While interaction between people and space is important, the space is tightly controlled and interaction is designed. Through this thesis project, I present a method that metaphorically …

Review Of Kuburić'S "The Self-Image Of Adolescents In The Protestant Family", Radmila Radonjić

Occasional Papers on Religion in Eastern Europe

No abstract provided.

Shining Light On Hidden Preferences: The Role Of Religious Institutions In The 1989 Romanian Revolution, Justin Clardie

Occasional Papers on Religion in Eastern Europe

"A spectre is haunting Eastern Europe: the spectre of what in the West is called 'dissent.'" This is how Vaclav Havel, the Czech playwright, dissident, and President, began his influential 1978 essay, "The Power of the Powerless." Havel's statement of dissent in Eastern Europe was certainly true in his country of Czechoslovakia, as well as in countries such as Poland and Hungary. The presence of sustained and organized dissent was largely absent, however, in Romania. Even in countries with the presence of popular and consistent dissent, the collapse of the communist regime was still shocking in both scope and speed. …

The Twentieth Century Reform Of The Liturgy: Outcomes And Prospects, John F. Baldovin S.J.

Institute of Liturgical Studies Occasional Papers

(excerpt)

I want to situate my reflections on the outcomes of the 20^th century liturgical reform and our prospects for the future. This is how I propose to proceed. I will very briefly review the late twentieth century liturgical reforms and revisions of a number of churches. Then I will turn to reactions to the reforms of the past fifty years, some assessment of their success and failure, and finally prospects for the future, employing an analogy with curricular reform, specifically in theological education. In terms of assessment I will have to limit myself to the Roman Catholic experience …

Indian Children And The Federal-Tribal Trust Relationship, Matthew L.M. Fletcher, Wenona T. Singel

Nebraska Law Review

I. Introduction

II. Indian Children and the Founding Generation ... A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship ... B. Federal Military and Diplomatic Actions ... 1. Colonial Era ... 2. Revolutionary War ... 3. Post-Revolutionary War Era ... 4. The Northwest Indian War ... 5. The Treaty of Greenville and the Founding Generation ... C. Federal Treaty and Statutory Law ... 1. Education and Schools ... 2. Land Rights ... 3. Other Provisions for Indian Orphans

III. Indian Children in the Coercive Period ... A. Interference in Internal Tribal Matters ... B. The Perversion of …

The Catch-22 Of Females Reporting Sexual Assault In The Military: A Cause For Holistic International Intervention, Kelsey E. B. Knoer

Nebraska Law Review

I. Introduction

II. Women in the Military ... A. General Background ... B. The Sexual Assault Problem: A Cross-Cultural Glance

III. The Underlying Issues: Hostile and Benevolent Sexism Across Cultures ... A. Ambivalent Sexism and Sexual Agency ... B. Gender Roles and Non-Conformance

IV. Applicable Law ... A. No Relief on the Home Front ... 1. The Uniform Code of Military Justice ... 2. Civilian Law ... 3. Testing the Boundaries of International Law

V. Suggestions for Reform: A Holistic Approach ... A. Setting an Example ... B. Going Deeper than the Law

VI. Conclusion

Cybersecurity Stovepiping, David Thaw

Nebraska Law Review

I. Introduction

II. The Concept of Stovepiping

III. Stovepiping in Cybersecurity ... A. Policy Making, Complexity, and Change ... B. Complex Passwords: A Case Study ... 1. Fundamentals of Password Complexity ... 2. “Guessability”—the False Assumption ... a. Password Guessing via Authentication (Login) Interfaces ... b. Password Guessing via Unprotected/Unsanitized Service ... c. Offline Password Attacks ... 3. “Defense in Depth”—Measuring Marginal Benefit

IV. Implications of the Stovepiping Disjuncture ... A. Addressing the Same Question … B. Overcoming Policy Entrenchment ... C. Risk-Analytic Framework for Cybersecurity

V. Conclusion

Homelessness In Spokane: An Inquiry Into The Experience Of Homelessness In A Mid-Sized City, Jocelyn M. Brown

EWU Masters Thesis Collection

This study focuses on the condition of homelessness in Spokane, Washington, as compared to the same condition in larger and more frequently studied cities, using San Francisco and Seattle as a collective comparison tool for examples of large cities. By examining the neoliberalization of large American cities in a capitalist society, I draw out the similarities and differences of how homelessness is manifest and managed in these two different urban contexts. Examined are the societal factors that impact homelessness, for both those without housing and those (i.e., business owners, service providers) impacted by homelessness. This study also highlights the criminalization …

“I Exist To Resist”: Navigating The Gender Non-Conforming Identity At Humboldt State University, Lizbeth E. Olmedo

Cal Poly Humboldt theses and projects

While transgender research is educating and reforming schools, politics and wider society, there is little work on a gender spectrum that disrupts the gender binary of (trans) men/women. This research is an attempt to fill in the gaps of people, significantly students who do not fit under the “transgender umbrella,” as this term has tended to clump an array of gender and sexual identities together. This qualitative research explores students who go beyond the gender binary and how they navigate non-binary, genderqueer, and gender non-conforming identities within Humboldt State University (HSU). With this present qualitative study, I examined the lived …

Global Movements In The Capitalist World System: Occupy Wall Street And The World Social Forum, Loren M. Collins

Cal Poly Humboldt theses and projects

Over the past forty years, the information revolution, a neoliberal agenda and globalizing financial markets have led to a quantitative increase in accumulation, widening inequalities throughout the globe. This widening inequality has cast doubt on the legitimacy of a world system governed primarily by the invisible hand of the free market. Economic power has taken priority over political power in determining the nature of social relations and our institutions. This imbalance has opened the door for resistance movements to challenge a system that fails to represent the interests of the vast majority of the world’s population while it benefits a …