Digital Commons Network^™

Liberian Educational Stakeholders' Perceptions Of Overcrowding In An Urban Public Elementary School In Monrovia, Franklin T. Dalieh

Walden Dissertations and Doctoral Studies

In post-conflict Liberia, more students are returning to schools and moving to urban areas resulting in overcrowding and class sizes that surpassed recommended and legally-sanctioned limits. The purpose of this qualitative case study was to explore educational stakeholders' perceptions of the factors (e.g., organizational leadership, social, and environmental) contributing to overcrowding and the challenges and opportunities of overcrowding. The conceptual framework was based on Bolman and Deal's theory of reframing organization and Bertalanffy's theory of general systems. The research questions centered on educational stakeholders' perceptions of the effects overcrowding has on elementary school students' achievement and the opportunities available for …

Trust In Union Leaders And Decline In Union Membership, Seth Ellery Francois

Walden Dissertations and Doctoral Studies

As of 2015, public opinion of the ethical and honesty standards of labor union leaders was low, with 36% of the public reporting a low or very low rating, and only 18% reporting high or very high ratings. Grounded in leadership behavioral theory, the purpose of this correlation study was to examine the relationship between union members' perceptions of union leadership consideration, union members' perceptions of leadership initiation of structure, and union members' perceptions of leadership trust. Forty-four union members completed a brief demographic survey, the Leader Behavior Description Questionnaire XII, and the Trust and Employee Satisfaction Survey. The results …

Use Of Tai Chi To Treat Mental Health Disorders In Veterans, Mekeesha Mcclure

Walden Dissertations and Doctoral Studies

Clinicians have a challenge of discovering and implementing new ways to address their patients' health concerns. Some healthcare needs are not completely managed with pharmacotherapy and invasive procedures alone. Military veterans compose a special group due to multiple needs related to physical and emotional symptoms resulting from exposure to trauma. This project explored the benefits of a Tai Chi recreational therapy program. The goal of this trial was to examine gentle movement routines of Tai Chi for emotional benefits for veterans. The literature review provided insight from current evidence into the probable outcome of including alternative medicine options into regular …

Employee Perceptions Of Merit Pay And Its Influence On Work Performance, Michael John Mcknight, Sr.

Walden Dissertations and Doctoral Studies

The work performance of employees remains a vital factor both in an organization's viability as well as in the prosperity of its employees. Merit pay can influence employee performance and is one of the most frequently used monetary reward incentives for motivating employees to achieve a higher level of performance. The problem is the limited knowledge on how state employees in a southern state perceive merit pay and how those perceptions may influence employee work performance. Using a conceptual framework built from elements of various motivational theories including Maslow's hierarchy of needs and Herzberg's 2 factor theory, the purpose of …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Review Of Punishment In Popular Culture By Charles Ogletree Jr. & Austin Sarat, Eds., Jessica Silbey

Faculty Scholarship

The editors of Punishment in Popular Culture remind us that "through practices of punishment ... cultural boundaries are drawn, that solidarity is created through acts of marking difference between self and other, that these processes proceed through disidentification as much as imagined connection." (p. 2) This is no doubt true about the organization, justification and reception of various forms of punishment in society. It is no less true about the creation and cultivation of popular cultural forms of entertainment such as television and film. To be sure, punishment acts directly on bodies. And cultural forms-visual or texual stories about punishment …

Effect Of Family Intervention On Functioning Among Patients With Chronic Schizophrenia, Sreeja I Ms

Manipal Journal of Nursing and Health Sciences

Introduction: Schizophrenia is a chronic major psychotic disorder, manifested by distorted thinking and poor emotional response. Patients diagnosed with schizophrenia have inability in performing basic individual and social roles or activities. Improving personal, occupational, and social aspects of functioning is an important treatment aim for such patients. Objective: 1. To assess the effect of family intervention on patient functioning, and 2. To find out association of patient functioning with demographic variables. Methods: A quasi-experimental nonequivalent control group design and consecutive sampling was adopted for the study. The population under study was patients having chronic schizophrenia and their caregivers in Thiruvananthapuram …

Constructing Accounts Of Organisational Failure: Policy, Power And Concealment, Mike Sheaff

School of Law, Humanities and Social Sciences

No abstract provided.

Success And Failure Factors Of Foreign Direct Investment In Transnational Education, Ben Siu

Plymouth Business School Theses

This study identifies the success and failure factors of foreign direct investment in transnational education. With western tertiary education markets becoming more saturated, it becomes essential for higher education institutions (HEI) to pursue new and lucrative opportunities internationally. One approach to internationalisation is the establishment of international branch campuses (IBC). This method provides the highest level of control but incurs the most risk, and failure can result in irrecoverable damage to reputation and substantial loss of resources. A review of the literature shows that numerous facets should be considered when establishing an IBC, but there are limited studies that holistically …

The Impossible Quest - Problems With Diligent Search For Orphan Works, Simone Schroff, Marcella Favale, Aura Bertoni

School of Law, Humanities and Social Sciences

Digital technologies allow unprecedented preservation and sharing of world-wide cultural heritage. Public and private players are increasingly entering the scene with mass digitisation projects that will make this possible. In Europe, legislative action has been taken to allow cultural institutions to include in their online collections copyright works whose owner is either unknown or non-locatable (‘Orphan Works’). However, according to the Orphan Works Directive, cultural institutions need to attempt to locate the owner of a work before using it. This is the so-called ‘Diligent Search’ requirement.This paper provides an empirical analysis of the conditions under which a Diligent Search can …

Metaphor And Ideology In Economic Discourse, Brian Derhen

University of the Pacific Theses and Dissertations

Despite the presence of metaphors in American political discourse, little scholarly attention has been paid to the functioning of economic metaphors. This study addresses this shortcoming by examining the use of economic metaphors in contentious argument, while paying attention to how metaphor's linguistic variability derives from the rhetorical nature of discourse, and how the context of conflicting ideologies facilitates clashes between larger political metaphors. After establishing the ubiquity of metaphor in economic policy discourse, this study elaborates on an understanding of a fractured political discourse with an historical model that traces this fracture back to four dominant ideological positions. Finally, …

‘A Fluctuating Relationship With Nature’: Tom Raworth's Ecopoetics, Mandy Bloomfield

School of Law, Humanities and Social Sciences

No abstract provided.

Nonverbal Immediacy As A Characterisation Of Social Behaviour For Human–Robot Interaction, J Kennedy, P Baxter, T Belpaeme

School of Engineering, Computing and Mathematics

An increasing amount of research has started to explore the impact of robot social behaviour on the outcome of a goal for a human interaction partner, such as cognitive learning gains. However, it remains unclear from what principles the social behaviour for such robots should be derived. Human models are often used, but in this paper an alternative approach is proposed. First, the concept of nonverbal immediacy from the communication literature is introduced, with a focus on how it can provide a characterisation of social behaviour, and the subsequent outcomes of such behaviour. A literature review is conducted to explore …

Towards Autonomous Landing On A Moving Vessel Through Fiducial Markers, Riccardo Polvara, Sanjay Sharma, Jian Wan, Andrew Manning, Robert Sutton

School of Engineering, Computing and Mathematics

No abstract provided.

Asymptotic Residual Stress Distribution Induced By Multipass Welding Processes, P Ferro, F Berto, Nm James

School of Engineering, Computing and Mathematics

In the high cycle fatigue (HCF) regime, the fatigue strength of welded joints is influenced by residual stresses (RS) induced during welding processes. If the weld toe is modelled via a sharp V-notch, the distribution of weld toe residual stress can be shown to be asymptotic with a singularity which follows either the linear-elastic or elastic-plastic solution depending on parameters that range across material properties, specimen clamping conditions, and the welding process. For thicker plates, multipass welding is used instead of single-pass welding to reduce the heat input and hence the width of the fusion zone (FZ) and heat-affected zone …

Comment On "Error And Regulatory Risk In Financial Institution Regulation", Keith N. Hylton

Faculty Scholarship

I agree with just about everything Jonathan Macey (2017) says in his symposium contribution. His claim that bureaucratic tendencies toward regularity—specifically, treating like cases alike—generate errors in categorization seems appropriate to me. His explanations of the pathologies in financial regulation should fall in the category of essential or required reading for anyone who chooses to write on the topic. Where I differ from Macey is in the choice of framework, or perspective from which to view the pathologies. Whereas Macey adopts an “error cost” framework, which is clearly appropriate for this symposium, I would build explicitly on a “public choice” …

Nfib V. Sebelius At 5, Nicole Huberfeld

Faculty Scholarship

Keeping up with health care reform is like running up a mountain of sand - every time you reach the top, -the terrain starts shifting. In this talk, I offer a snapshot of where we are in implementing the Patient Protection and Affordable Care Act ("ACA") to aid in understanding the significance of NFIB v. Sebelius' at five. I will situate the ACA2 within historical patterns in American health care reform. I have been asked to discuss the key points of the NFIB decision, after which I will share some of the research that I have performed for the past …

Wave Directional Spreading From Point Field Measurements, M. L. Mcallister, V. Venugopal, A. G.L. Borthwick

School of Engineering, Computing and Mathematics

Ocean waves have multidirectional components. Most wave measurements are taken at a single point, and so fail to capture information about the relative directions of the wave components directly. Conventional means of directional estimation require a minimum of three concurrent time series of measurements at different spatial locations in order to derive information on local directional wave spreading. Here, the relationship between wave nonlinearity and directionality is utilized to estimate local spreading without the need for multiple concurrent measurements, following Adcock & Taylor (Adcock & Taylor 2009 Proc. R. Soc. A 465 , 3361–3381. ( doi:10.1098/rspa.2009.0031 )), with the assumption …

Guardianship And Clinical Research Participation: The Case Of Wards With Disorders Of Consciousness, Megan S. Wright, Michael Ulrich, Joseph J. Fins

Faculty Scholarship

We review relevant federal law about research on human subjects and state laws on guardian authority to determine whether guardians can consent on behalf of their wards to participation in research. The Common Rule is silent on the issue as are most state guardianship laws. Our analysis shows significant variation in guardians’ decision-making authority in the states that do regulate wards’ participation in research. We consider how the appointment of guardians for patients with disorders of consciousness (DOC) impacts such patients’ access to research. We assert that it is important that such persons be permitted to participate in research, so …

Chevron Is A Rorschach Test Ink Blot, Jack M. Beermann

Faculty Scholarship

I agree with Alan Morrison that, in some circumstances, courts should defer to legal determinations made by administrative agencies. I disagree, however, with Alan’s view that Chevron provides a suitable framework for such deference. It really boils down to my disagreement with the first sentence of Alan’s article: “In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the Supreme Court unanimously adopted an approach to interpreting federal statutes under which the courts are required to give substantial deference to the interpretations by the administrative agencies that enforce them.”1 In fact, the Supreme Court adopted nothing in Chevron related to …

How Much Has The Supreme Court Changed Patent Law?, Paul Gugliuzza

Faculty Scholarship

The U.S. Supreme Court has decided a remarkable number of patent cases in the past decade, particularly as compared to the first twenty years of the Federal Circuit’s existence. No longer is the Federal Circuit “the de facto Supreme Court of patents,” as Mark Janis wrote in 2001. Rather, it seems the Supreme Court is the Supreme Court of patents. In the article at the center of this symposium, Judge Timothy Dyk of the Federal Circuit writes that the Supreme Court’s decisions “have had a major impact on patent law,” citing, among other evidence, the Court’s seventy percent reversal rate …

Tallinn, Hacking, And Customary International Law, Ahmed Ghappour

Faculty Scholarship

Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.

This essay focuses on one area of state practice where states are already dealing with these issues: the use …

Confronting Crawford: Justice Scalia, The Judicial Method, And The Adjudicative Limits Of Originalism, Gary S. Lawson

Faculty Scholarship

If you conduct an online search for something like “Justice Scalia’s most important opinions” or “Justice Scalia’s most influential opinions,” you will (or at least I did) almost always end up with a list that is top-heavy with dissents. That is not surprising. Dissenting opinions gave Justice Antonin Scalia the most freedom to exercise his considerable skills as a writer and were therefore more likely to produce memorable one-liners. They were also the best occasions for him to express his views can­didly and forcefully and thus served as the best vehicles for elaboration of his jurisprudential and doctrinal positions. Majority …

Brief Of Amici Curiae Scholars Of The Constitutional Rights And Interests Of Children In Support Of Respondents In Masterpiece Cakeshop Ltd, Et Al V. Colorado Civil Rights Commission, Angela Onwuachi-Willig, Catherine E. Smith, Lauren Fontana, Tanya Washington, Barbara Bennett Woodhouse

Faculty Scholarship

Masterpiece Cakeshop LTD, et al v. Colorado Civil Rights Commission is about much more than a wedding cake. It is about the rightful place of LGBT people and their families in the commercial and public sphere. In fact, children are already bearing the brunt of exclusionary practices in the public marketplace because of their relationship to or association with their LGBT parents. In Michigan, a pediatrician refused to treat an infant based solely on the fact that the child had lesbian mothers. In Kentucky, a judge refused to hear adoption cases of children involving LGBT adoptive-parents-to-be. In Tennessee, a nondenominational …

Frozen Charters, Scott Hirst

Faculty Scholarship

In 2012, the New York Stock Exchange changed its policies to prevent brokers voting shares on corporate governance proposals where they had not received instructions from beneficial owners. Although the change was intended to protect investors and improve corporate governance, it has had the opposite effect: a significant number of U.S. public companies are no longer able to amend important parts of their corporate charters, despite the support of their boards of directors and overwhelming majorities of shareholders. Their charters are frozen.
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/="/">This paper provides the first empirical and policy analysis of the broker voting change and its …

Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson

Faculty Scholarship

The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law” – from the principle of legality forbidding executive or judicial action in the absence of law to the requirement of notice before valid judicial judgments to a limitation on arbitrary governmental action that today goes under the heading of “substantive due process” – is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process …

Synthetic Methods For Ester Bond Formation And Conformational Analysis Of Ester-Containing Carbohydrates, Sven Hackbusch

University of the Pacific Theses and Dissertations

This dissertation encompasses work related to synthetic methods for the formation of ester linkages in organic compounds, as well as the investigation of the conformational influence of the ester functional group on the flexibility of inter-saccharide linkages, specifically, and the solution phase structure of ester-containing carbohydrate derivatives, in general.

Stereoselective reactions are an important part of the field of asymmetric synthesis and an understanding of their underlying mechanistic principles is essential for rational method development. Here, the exploration of a diastereoselective O-acylation reaction on a trans-2-substituted cyclohexanol scaffold is presented, along with possible reasons for the observed reversal of stereoselectivity …

Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke, Erika George

Faculty Scholarship

In honour of Justice Dikgang Moseneke, this essay takes up his invitation to imagine an ethos consistent with South African Constitutionalism, one which could promote economic justice. This essay explores how the tools of international economic law as utilised by South Africa could serve as a means of transformation to advance the end of a more inclusive economic globalisation. South Africa's trade policies and participation in international business and human rights policy initiatives are offered as illustrations of a shift towards asserting interests aligned with the country's constitutional economic justice commitments. First, emphasising Justice Moseneke's writings outside of his rulings …

The Future Of Fast Food Governance, Andrew Elmore

Faculty Scholarship

The Fast Food Forward movement has swelled into one of the largest protests by low‐wage workers in U.S. history, animating efforts at all levels of government to raise and enforce workplace standards. One such strategy is to hold fast food franchisors accountable as joint employers of their franchisees’ employees. In what may be a watershed moment, New York Attorney General Eric Schneiderman (NYAG) recently filed suit against Domino’s Pizza, the franchisor, for wage‐and‐hour‐law violations in its franchisees’ stores across New York State.

Fast food store employees report widespread wage‐and‐hour law violations, and the NYAG’s Domino’s lawsuit appears to confirm this …

A License To Kill: State Sponsored Death In The Oldest Colony In The World, Emmanuel Hiram Arnaud

Faculty Scholarship

The article discusses the death penalty in Puerto Rico as a means of state violence by the United States over Puerto Rico. In light of this, the author recounts the Puerto Rican colonial experience through a legal lens, beginning with the first organic law of Puerto Rico and the Insular Cases. Afterwards, the author examines the imposition of the death penalty on Puerto Rico and the challenges it has faced based on the due process of the fourteenth amendment. The article concludes with the stating how the death penalty is as another expression of the U.S. Congress plenary powers over …