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2017

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Cognitive Performance Across The Life Course Of Bolivian Forager-Farmers With Limited Schooling, Michael Gurven, Eric Fuerstenberg, Benjamin C. Trumble, Jonathan Stieglitz, Bret Beheim, Helen Davis, Hillard Kaplan Jan 2017

Cognitive Performance Across The Life Course Of Bolivian Forager-Farmers With Limited Schooling, Michael Gurven, Eric Fuerstenberg, Benjamin C. Trumble, Jonathan Stieglitz, Bret Beheim, Helen Davis, Hillard Kaplan

ESI Publications

Cognitive performance is characterized by at least two distinct life course trajectories. Many cognitive abilities (e.g. “effortful processing” abilities including fluid reasoning, and processing speed) improve throughout early adolescence and start declining in early adulthood, while other abilities (e.g. “crystallized” abilities like vocabulary breadth) improve throughout adult life, remaining robust even at late ages. Although schooling may impact performance and cognitive “reserve”, it has been argued that these age patterns of cognitive performance are human universals. Here we examine age patterns of cognitive performance among Tsimane forager-horticulturalists of Bolivia, and test whether schooling is related to differences in cognitive performance …


Saving The Physics Ii: Who Needs To Be Saved? It Depends On Your Metaphysics, Menas Kafatos Jan 2017

Saving The Physics Ii: Who Needs To Be Saved? It Depends On Your Metaphysics, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

Physics does not need to be saved. If anything, physics was rescued in the early twentieth century with the advancement of both the theories of relativity and quantum mechanics. What needs to be saved is our world outlook or metaphysics because how a society acts and develops depends on what its belief systems are. Here we explore how a new metaphysics where consciousness is fundamental might just be what modern societies need.


Tribute To Arthur Murphy, Michael I. Sovern Jan 2017

Tribute To Arthur Murphy, Michael I. Sovern

Faculty Scholarship

Students remember Arthur Murphy as a warm, caring teacher with a great sense of humor, a man who helped them learn and grow. Our colleagues admired and respected his scholarship and his commitment to our school. While I shared all of that, to me, most importantly, Arthur was an empathetic friend for more than half a century. And this despite the fact that he had two strikes against him – he was a Harvard graduate and a Boston Red Sox fan.

Arthur was a member of what Tom Brokaw called “The Greatest Generation.” After fighting in World War II, he …


Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman Jan 2017

Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman

Faculty Scholarship

In celebrating the monumental accomplishments of the new form of public law litigation that Constance Baker Motley and her colleagues pioneered, this Essay reinterprets their paradigm-shifting body of work in a manner that obliges the current generation of civil rights advocates to change direction. In the hopes of reengaging the affirmative force of constitutional litigation after decades in which it has waned, this Essay argues that the central lesson to be derived from Motley’s generation lies not in the mode of public law litigation it pioneered but in the design of that litigation in the image of the dominant form …


The Right To Remain In Safety: The Impact Of Community Leadership On Philadelphia's Ice Holds Policy, Caitlin A. Barry Jan 2017

The Right To Remain In Safety: The Impact Of Community Leadership On Philadelphia's Ice Holds Policy, Caitlin A. Barry

Faculty Publications

No abstract provided.


Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric L. Talley Jan 2017

Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric L. Talley

Faculty Scholarship

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s lead, similarly permitting firms to execute “corporate opportunity waivers.” Surprisingly, more than fifteen years into this reform experiment, no study has attempted to either systematically measure the corporate response to these reforms or …


Nurse Educators’ Perceptions Of Using High-Fidelity Simulation In Teaching, Marlene Whigham Jan 2017

Nurse Educators’ Perceptions Of Using High-Fidelity Simulation In Teaching, Marlene Whigham

Theses and Dissertations

Nurse Educators’ Perceptions of Using High-Fidelity Simulation in Teaching. Marline Whigham, 2017: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. Keywords: nursing education, learning strategies, simulation, staff development, teaching styles.

High-fidelity simulation in nursing refers to the use of computerized manikins to offer realistic hands-on training to nursing students. The problem addressed by this dissertation was resistance among some faculty to the use of new computerized simulation technology in the nursing curriculum. The research question for this case study investigated how faculty members can incorporate simulation into the curriculum and barriers faced in setting the stage for …


Factors That Preclude College Completion Of Students At A Technical College In Georgia, Cicily Mapp Jan 2017

Factors That Preclude College Completion Of Students At A Technical College In Georgia, Cicily Mapp

Theses and Dissertations

Key indicators for the success of colleges and universities are the rates of retention, persistence, and college completion (Hendon & Jenkins, 2012; Schreiner, 2014; Yunfan, 2015). However, current data indicate that a large number of institutions of higher education have had to identify strategies designed to increase the academic success of the students (USDOE, 2016). The purpose of the study was to identify and understand the factors that influence graduation rates of students who attend a technical college located in central Georgia. A primary goal would be to obtain information that could be used by teachers, staff, and educational leaders …


Gendering Migration Determinants: A Phenomenological Analysis Of Professional Immigrant Women From India, Noreen Ohlrich Jan 2017

Gendering Migration Determinants: A Phenomenological Analysis Of Professional Immigrant Women From India, Noreen Ohlrich

Theses and Dissertations

The economic contributions of highly qualified (HQ) labor migrants from developing countries fuel the global talent race. The problem is that little is known about the women in this sought out talent pool. This phenomenological study addressed this neglected gendered dimension by exploring how professional Asian Indian women experienced the following aspects of international migration: (a) gendering international mobility, (b) women and the race for global talent, (c) policies and the labor market, (d) cultural stigma, (e) brain drain versus diaspora networks, and (f) the Asian Indian woman paradox.

Professional Asian Indian women from greater Frankfurt am Main, Germany were …


Modelo Aces: Caracterización De La Sostenibilidad Curricular En Programas Académicos Universitarios, Alejandro Higuera Jan 2017

Modelo Aces: Caracterización De La Sostenibilidad Curricular En Programas Académicos Universitarios, Alejandro Higuera

Theses and Dissertations

El propósito de este estudio fue caracterizar la existencia e inclusión de la sostenibilidad curricular en las Unidades de Aprendizaje de Economía Urbana, Desarrollo Social y Ecología Urbana, conocer la opinión y determinar las fortalezas, oportunidades, debilidades o amenazas (FODA) del programa académico (PA) en Administración y Promoción de la Obra Urbana (LAPOU) en una universidad mexicana. Para lograrlo, se estableció una perspectiva metodológica cualitativa apoyada del método de estudio de caso. Apoyado del Modelo ACES, aplicado al programa de estudios y a los docentes. Bajo ese contexto, se estableció una muestra de 15 docentes, pero los sujetos no participaron …


Evaluación De Criterios E Indicadores Curriculares Como Estrategia Para Aseguramiento De La Calidad En Programas Académicos Universitarios, Erika Rivera Gutiérrez Jan 2017

Evaluación De Criterios E Indicadores Curriculares Como Estrategia Para Aseguramiento De La Calidad En Programas Académicos Universitarios, Erika Rivera Gutiérrez

Theses and Dissertations

La presente disertación surge de la necesidad de evaluar el nivel de cumplimiento decriterios e indicadores curriculares como estrategia para contribuir al aseguramiento de la calidad en programas académicos universitarios. La institución pública de educación superior se ubica en el municipio de Ixtlahuaca, estado de México.

El propósito de este estudio fue evaluar el nivel de cumplimiento de los criterios eindicadores de calidad del Plan de Estudios (PE), conocer la apreciación de los profesores, así como definir las áreas de oportunidad del programa académico (PA) de Diseño Gráfico (DG). Por tanto, se determinó una perspectiva metodológica de corte cualitativo con …


In Memoriam: Judge Miriam Goldman Cedarbaum, Gerard E. Lynch Jan 2017

In Memoriam: Judge Miriam Goldman Cedarbaum, Gerard E. Lynch

Faculty Scholarship

I must confess that I don’t read law reviews. Of course, I read law review articles, in the course of judicial research and keeping in touch with academic literature in areas of my scholarly interest, but like most judges and lawyers, I don’t have time or interest to just pick up the latest issue of a law review and read it through. I do, however, regularly read the quarterly Ballet Review, a quasi-scholarly journal of reviews and articles about dance. Only once, in some twenty years of reading that publication, has it overlapped my legal interests. The Fall …


Capital Punishment Of Unintentional Felony Murder, Brenner M. Fissell, Guyora Binder, Robert Weisberg Jan 2017

Capital Punishment Of Unintentional Felony Murder, Brenner M. Fissell, Guyora Binder, Robert Weisberg

Faculty Publications

Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who causes a death inadvertently in the course of a felony is eligible for capital punishment. This unfortunate interpretation rests on an unduly mechanical reading of the Supreme Court’s decisions in Enmund v. Florida and Tison v. Arizona, which require culpability for capital punishment of co-felons who do not kill. The lower courts have drawn the unwarranted inference that these cases permit execution of those who cause death without any culpability towards death. This Article shows that this mechanical reading of precedent is mistaken, because the …


The Impact Of Declining Student Persistence In Distance Learning On American College Completion Goals, Francine Adams Jan 2017

The Impact Of Declining Student Persistence In Distance Learning On American College Completion Goals, Francine Adams

Theses and Dissertations

Academic institution leaders, education researchers, and policy makers have come together to restore America’s ranking among the top nations who are educating citizens to prepare for the technology jobs of the future. President Barack Obama tasked the nation to do so after alarming figures in student achievement were revealed from the 2009 PISA reports. The White House and Lumina Foundation called for a transformation, setting deadlines for 2020 and 2025, respectively, that 60% of Americans should attain degrees or credentials. This study centered on degree attainment by, assessing distance learning persistence for warning signs of impeding these goals. This study …


Capabilities, Spillovers, And Intellectual Progress: Toward A Human Flourishing Theory For Intellectual Property, Brett Frischmann Jan 2017

Capabilities, Spillovers, And Intellectual Progress: Toward A Human Flourishing Theory For Intellectual Property, Brett Frischmann

Faculty Publications

Courts, commentators, and even casebooks mistakenly assume that intellectual property laws are fundamentally utilitarian and thus the relevant objective for intellectual property laws is maximizing social welfare. Economic theories of intellectual property dominate while rights-based theories and other alternatives struggle to remain relevant in the discourse. This essay accepts that intellectual property laws are consequentialist, but it mounts a challenge to the utilitarian theories that dominate. Following the path set by Amartya Sen in the area of development economics and borrowing heavily from the Sen’s analytical and normative framework — the Capabilities Approach, this essay begins to develop a human …


The Impact Of Small Group Intervention Focusing On Operations With Rational Numbers On Students’ Performance In The Florida Algebra I End-Of-Course Examination, Evelyn Dopico Jan 2017

The Impact Of Small Group Intervention Focusing On Operations With Rational Numbers On Students’ Performance In The Florida Algebra I End-Of-Course Examination, Evelyn Dopico

Theses and Dissertations

In Florida, passing the Algebra I end-of-course examination (EOCE) is a graduation requirement. The test measures knowledge of basic algebra. In spring 2015, the Department of Education introduced a different version of the test. For the first two administrations of the new test, the failure rate for 9th-grade students in the state was almost 50%. In contrast, the failure rate for students in the school where this study was implemented exceeded 70%. The purpose of this study was to determine the outcome of small group intervention focusing on operations with rational numbers of high school students’ performance on the Algebra …


Parent Beliefs, Attitudes, And Needs In Preschool Age Literacy Development In A Head Start Program, Dianna Jean Mccoy Jan 2017

Parent Beliefs, Attitudes, And Needs In Preschool Age Literacy Development In A Head Start Program, Dianna Jean Mccoy

Theses and Dissertations

The topic of this applied dissertation concerns parents from low socioeconomic status (SES) backgrounds participation in support of literacy development of their preschool aged children. Evidence from the limited research on this topic suggested that some parents rely on the school to teach literacy to their children beginning in kindergarten. Consequently, little time and effort is dedicated to preschool narrative skills, letter knowledge (other than the ABC song), print awareness, phonological awareness, print motivation, and vocabulary.

Literacy development begins before children enter kindergarten. Kindergarten teachers expect children to be able to identify letters, their sounds, print their names. Children without …


Exploring The Leadership Experiences Of Minority Women In A Black Greek Letter Sorority, Ashley Nichole Jennings Jan 2017

Exploring The Leadership Experiences Of Minority Women In A Black Greek Letter Sorority, Ashley Nichole Jennings

Theses and Dissertations

This qualitative phenomenological research study was designed to explore and reveal the lived experiences of minority women in Black Greek Letter Sororities and their understanding of sorority membership and leadership development following graduation. Data collection was completed using two qualitative streams: online questionnaire and one-on-one interviews. This study will contribute to the discussion of leadership development for Black Greek Letter Sorority members. More specifically, this study focused on the role that a Black sorority has in developing minority female leaders as they matriculate and develop within higher education and simultaneously in the sisterhood. This research study provided suggestions on opportunities …


Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod Jan 2017

Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod

Faculty Publications

On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …


China's And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa, Won Kidane Jan 2017

China's And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa, Won Kidane

Faculty Publications

This Article examines China’s and India’s differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China’s and India’s attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws and institutions that favor the investor. The Article begins by presenting the background of the current economic reality and trends that necessitate the evaluation of the existing rules and institutions. It then presents a detailed assessment of this phenomenon by focusing on the investment cases brought against India for context, …


A Case Study Of Collaboration Between General Education Teachers And Special Education Teachers In A Southern Rural High School, Oassie Jean Daniels Jan 2017

A Case Study Of Collaboration Between General Education Teachers And Special Education Teachers In A Southern Rural High School, Oassie Jean Daniels

Theses and Dissertations

This applied dissertation was framed around issues associated with the inclusion of students with disabilities in the general education classroom as these issues related to teacher collaboration. Specifically, the problem on which this study focused was that according to the principal at the research site, the general education teachers and special education teacher needed to collaborate more successfully in order to be more helpful to the students. The purpose of this case study was twofold. First, the researcher wished to determine how and to what extent collaboration practices occurred between general education teachers and special education teachers in a southern …


Self-Confidence In Moroccan Women: Understanding And Implications, Bethan Owen Jan 2017

Self-Confidence In Moroccan Women: Understanding And Implications, Bethan Owen

Student Research – Stevenson Center

This research seeks to explore the theory outlined in the article “Supplemental material for age and gender differences in self-esteem—A cross-cultural window,” which states that women in developing countries are more likely than women in developed countries to have high levels of self-confidence. An observational study was conducted by the author on 30 women in the town of Imouzzer Kandar, Morocco. Based on this very limited sample size, results suggest that these women do, generally, have high rates of self-confidence. Morocco-specific cultural influences are examined, as well as results found in other studies and the author’s personal experiences in the …


Wglt Annual Report, 2017, Wglt, Illinois State University Jan 2017

Wglt Annual Report, 2017, Wglt, Illinois State University

WGLT Annual Reports

Annual report for WGLT, an NPR Network radio station licensed to and operating from Illinois State University.


Principal Costs: A New Theory For Corporate Law And Governance, Zohar Goshen, Richard Squire Jan 2017

Principal Costs: A New Theory For Corporate Law And Governance, Zohar Goshen, Richard Squire

Faculty Scholarship

The problem of managerial agency costs dominates debates in corporate law. Many leading scholars advocate reforms that would reduce agency costs by forcing firms to allocate more control to shareholders. Such proposals disregard the costs that shareholders avoid by delegating control to managers and voluntarily restricting their own control rights. This Essay introduces principal-cost theory, which posits that each firm’s optimal governance structure minimizes the sum of principal costs, produced when investors exercise control, and agent costs, produced when managers exercise control. Both principal costs and agent costs can arise from honest mistakes (which generate competence costs) and …


The Power To Wage War Successfully, Matthew C. Waxman Jan 2017

The Power To Wage War Successfully, Matthew C. Waxman

Faculty Scholarship

A century ago and in the midst of American involvement in World War I, future Chief Justice Charles Evans Hughes delivered one of the most influential lectures on the Constitution in wartime. In it he uttered his famous axiom that “the power to wage war is the power to wage war successfully.” That statement continues to echo in modern jurisprudence, though the background and details of the lecture have not previously been explored in detail. Drawing on Hughes’s own research notes, this Article examines his 1917 formulation and shows how Hughes presciently applied it to the most pressing war powers …


A Survey Of Litigation In Corporate Finance, Matteo P. Arena, Stephen P. Ferris Jan 2017

A Survey Of Litigation In Corporate Finance, Matteo P. Arena, Stephen P. Ferris

Finance Faculty Research and Publications

Purpose

The purpose of this paper is to review research on litigation in corporate finance.

Design/methodology/approach

This paper surveys studies on the estimation of litigation risk, litigation costs, stock reaction to lawsuit announcement, and the effect of litigation on corporate financial policies and outcomes.

Findings

The first section presents a survey of studies that estimate litigation risk. The authors then discuss a set of studies that focus on the various costs associated with litigation. The third area of review is about studies which estimate the market reaction to a lawsuit announcement. The next section surveys studies that examine the relation …


How International Is International Law: Remarks By Lori F. Damrosch, Lori Fisler Damrosch Jan 2017

How International Is International Law: Remarks By Lori F. Damrosch, Lori Fisler Damrosch

Faculty Scholarship

Our moderator's questions begin with “in what sense is international law and in what sense isn't it universal?” and continue with whether international law may be “different in different places” and what the implications of such differences may be. I am here to defend the “universalist” perspective, as the immediate past president of the American Society of International Law and before that, editor-in-chief of the American Journal of International Law. Though both the Society and the Journal have “American” in their titles and our geographic headquarters is in the United States, the Society's mission statement commits us to pursue …


Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman Jan 2017

Using Domestic Law To Move Toward A Recognition Of Universal Legal Capacity For Persons With Disabilities, Leslie Salzman

Articles

This symposium explores the meaning of personhood as it is or should be applied to persons with disabilities. This panel focuses on the concept of legal capacity-the ability to make decisions about one’s life, to exercise agency, and to have those decisions recognized by third parties. For my part, I would like to discuss how we might use domestic law—specifically the integration mandate of Title II of the Americans with Disabilities Act and substantive due process—to help us move toward a recognition of universal legal capacity regardless of disability and bring meaningful changes to domestic guardianship regimes. While Article 12 …


Testing Tarnishment In Trademark And Copyright Law: The Effect Of Pornographic Versions Of Protected Marks And Works Of Pornographic Versions Of Protected Marks And Work, Christopher Buccafusco, Paul J. Heald, Wen Bu Jan 2017

Testing Tarnishment In Trademark And Copyright Law: The Effect Of Pornographic Versions Of Protected Marks And Works Of Pornographic Versions Of Protected Marks And Work, Christopher Buccafusco, Paul J. Heald, Wen Bu

Articles

Federal and state law both provide a cause of action against inappropriate and unauthorized uses that ‘tarnish’ a trademark. Copyright owners also articulate fears of ‘tarnishing’ uses of their works in their arguments against fair use and for copyright term extension. The validity of these concerns rests on an empirically testable hypothesis about how consumers respond to inappropriate unauthorized uses of works. In particular, the tarnishment hypothesis assumes that consumers who are exposed to inappropriate uses of a work will find the tarnished work less valuable afterwards. This Article presents two experimental tests of the tarnishment hypothesis, focusing on unauthorized …


The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman Jan 2017

The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman

Articles

When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …