Digital Commons Network^™

Automation And The Income Tax, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

Keeping Chance In Its Place: The Socio-Legal Regulation Of Gambling, Kate Bedford, Donal Casey, Alexandra Flynn

All Faculty Publications

In this Introduction to the collection, we lay out what these papers offer to the field of gambling research and beyond. To begin, we identify the scholarly approaches to gambling upon which we wish to build (Part I). Then, we specify three contributions we seek to make through our socio-legal endeavors. First, this collection seeks to foreground the diverse, vernacular forms and places of play that are sometimes overlooked in gambling scholarship (Part II). Second, the papers take a distinctive pluralist approach that recognizes the multi-layered character of gambling regulation (Part III). Third, and finally, the interdisciplinary and methodologically diverse …

The Effect Of Sleep Quantity And Quality On Direct Current Potential In Collegiate American Football Players, Erik D. Korem

Theses and Dissertations--Kinesiology and Health Promotion

Direct current (DC) potential is an objective measure of the functional state of the human organism. It is a sensitive and accurate indicator of short- and long-term adaptations to stress, adaptive capacities, and it is an important marker of athlete readiness. Sleep is posited to be the most efficacious strategy for improving recovery to enhance sport performance, and adequate sleep is considered vital to normal psycho-physiological function. Thus, optimal sleep may enhance the functional state, in turn enhancing an athlete’s adaptability to training stress. However, little is known about the relationship between sleep and DC potential. Therefore, the purpose of …

Creating Identity: How Steve Biko Cultural Institute’S Black Consciousness And Citizenship Influences Student Identity Formation In Salvador, Bahia, Brazil, Sheryl Felecia Means

Theses and Dissertations--Education Sciences

The research presented in “Creating Identity” investigates Black identity formation within the Steve Biko Cultural Institute (Biko) in Salvador, Bahia, Brazil, a pre-vestibular – or college entrance exam preparation course – for Afro-Brazilian high school and aspiring college students. The curriculum, Cidadania e Consciência Negra (Black Consciousness and Citizenship; abbreviated CCN) serves as a vital pillar to the institutional approach to Black identity. In a Eurocentric society like Brazil and a world where Black identity is largely discriminated against including in educational spaces, Biko represents a movement to combat the exclusion of Afro-descendant youth from university, improve self-esteem and perceptions …

The Relationship Between Professional Development And Professional Capital: A Case Study Of International Schools In Asia, Dana Specker Watts

Theses and Dissertations--Education Sciences

The goal of this study was to investigate the interaction between professional development and professional capital within international schools in Asia. The researcher employed a multi-site case study to inform the research goals. A conceptual framework based on Hargreaves and Fullan’s (2012) professional capital theory was used to guide the study’s methods and data collection.

The data were collected in two phases. The first phase consisted of a digital survey that was distributed to ten international schools associated with the East Asia Regional Council of Schools (EARCOS) and the Office of Overseas Schools (OSS). The survey was analyzed to identify …

Higher Education In Tajikistan: Institutional Landscape And Key Policy Developments, Alan J. Deyoung, Zumrad Kataeva, Dilrabo Jonbekova

Educational Policy Studies and Evaluation Faculty Publications

Higher education in Tajikistan has undergone substantial changes over the past 25 years as a result of both its internal crises and those social and economic transition challenges seen throughout the Newly Independent States (NIS). HEIs in the country have also shown eagerness to change and grow as they move toward world education space. In this chapter, we examine the evolution of the Tajik system of higher education from the Soviet time through independence (1991–2015) in terms of growth, emerging landscape and diversification, and key policy developments and issues. We analyze these changes in the context of relevant economic, social …

The Examination Of Hazing Case Law As Applied Between 1980-2013, Christopher Keith Ellis

Theses and Dissertations--Educational Policy Studies and Evaluation

This study contributes to the knowledge and understanding of the application of hazing law and response of courts to case law where hazing has been alleged between the years of 1980-2013. This study expands upon the 2009 research conducted by Carroll, Connaughton, Spengler and Zhang, which used a content analysis methodology to look at anti-hazing case law as applied in cases where educational institutions were named as defendants, and the 2002 unpublished dissertation of Guynn which explored anti-hazing case law and its application in cases involving high school students. This study examines all court cases between 1980-2013 where a judicial …

The Cinematic College Professor: Conceptions And Representations, John C. Fitch Iii

Theses and Dissertations--Educational Policy Studies and Evaluation

Depictions of college professors in American films are common, and while a number of studies have investigated various aspects of college life in motion pictures, few have focused exclusively on the cinematic professoriate. In addition to being an indelible part of history, cinematic depictions of college professors are part of the national discourse on the role and function of the faculty and university. An investigation of how college professors have been represented in American films, and how these representations are read and created by real-life college professors and filmmakers may provide a deeper understanding of the relationship between popular culture …

A Qualitative And Quantitative Study Of Required Internships: The Students’ Perspective, Elizabeth Ann James

Theses and Dissertations--Educational Policy Studies and Evaluation

Internships are increasingly popular in higher education (Coco, 2000; Divine et al., 2007). One reason for the increase is the benefits, both perceived and documented, associated with them (Divine et al., 2007). In addition to offering internships as electives, some programs have even begun requiring them of all students (Klein & Weiss, 2011). The policy change from elective to required internships has been evaluated very little, if at all, even though mandatory internships result in a substantial increase in cost and commitment for the departments that implement them (Divine et al., 2007).

This study analyzed survey and interview data from …

How White Teachers’ Identity Development Translates To Classroom Interactions With Minority Students, Chelsea Arsenault

Theses and Dissertations--Educational, School, and Counseling Psychology

Historically, research on racial microaggressions has focused on adult populations within clinical as well as work environments. The literature is just beginning to examine microaggressions within the K-12 education system and with younger populations. It is important to assess how racial microaggressions are impacting high school students given that research has indicated that this population is experiencing racial injustices. The perpetration of racial microaggressions is the basis for students’ discriminatory experiences within these institutions. This work has recently become even more necessary given that the high school student population is becoming increasingly racially diverse while our teaching population has remained …

“From School Of Crisis To Distinguished”: How One School Continues To Defeat The Odds, Ben Crawford

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

Despite conditions that would work against a small rural school in an impoverish area of rural Kentucky, Fairway Elementary School has managed to excel in its accountability measures. This study used a mixed-methods approach with data collected through interviews and MAP student growth scores in reading and mathematics. Five themes emerged from the qualitative data regarding school success: (1) a well-organized intervention system, (2) a focus on and overall enjoyment of the discipline of mathematics, (3) involvement of parents in school functions, (4) transparency of needs and organization of resources, and (5) an overall school culture that is competitive, impactful, …

Building Teacher Efficacy: Challenges Of Creating Communities Of Practice Among New Teachers And Veteran Teachers In A Toxic Work Environment, J Lail

Theses and Dissertations--Educational Leadership Studies

Recently, changes in graduation requirements in some states have made it more important than ever for students to be literate in all content areas. State assessments not only measure student academic ability, but they are a necessary component of graduation from high school. After completing required courses, students are expected to take assessments covering the content of those courses. In order to safely meet the graduation requirement, students must score at least 3 points per assessment on a 5-point scale. This has proven difficult for over 50% of students expecting to graduate.

Students at Midwestern-American High School (MAHS) have been …

Mechanisms Controlling Copper Transport In Natural Soils, Julie A. Luisi

Civil and Environmental Engineering Master's Project Reports

Biosolids are used as amendments to agricultural soils and can be a source of trace metals. It is unknown if these land-applied trace metals travel through the soil column to the water table. This study aims to determine the transport behavior of copper in natural soils, including 'aged' soils, commercial agricultural soils that have had multiple years of biosolids applications. Using acid digests and Darcy column apparatus it was determined that factors such as pH, soil composition, especially organic matter content, and the presence of other trace metals influence copper’s complex transport behavior in these soils. Natural soil appears to …

Tarry There! Spiritual Endowment For Today's Generation Per Luke 24:49, Cleveland Taylor

Doctoral Dissertations and Projects

This project will revisit the biblical significance of the treatment of tarry in Luke 24:49 (KJV) and the key principle of waiting on the timing of God’s provision of “power” promised to accomplish the job description He has given Christians. A period of radical fasting and prayer retreat will be an initial tarry presented to encounter the Holy Spirit experience. The word for power that Luke uses in Luke 24:49 and Acts 1:8 references “that ability to do work.” Acts 1:4 placed emphasis on the disciples not leaving Jerusalem without the promise. The potential value of this topic is in …

Restore, Revert, Repeat: Examining The Decompensation Cycle And The Due Process Limitations On The Treatment Of Incompetent Defendants, Margaret W. Smith

Vanderbilt Law Review

Though correctional facilities are one of the largest providers of mental health care in the country, the treatment provided often fails to address the needs of many mentally ill inmates. Indeed, after receiving treatment at a state mental health facility, many pretrial detainees who have been recently restored to competency revert to an incompetent state-or decompensate-upon their return to jail, at which point they must return to the state treatment facility to be restored to competency once again. This Note is the first to explore this "decompensation cycle," highlighting the significance of the problem and demonstrating how mental health treatment …

Funding Restrictions And Separation Of Powers, Zachary S. Price

Vanderbilt Law Review

Congress's "power of the purse"-its authority to deny access to public funds-is one of its most essential constitutional authorities. A central mechanism through which English parliaments clawed liberty from reluctant monarchs, it remains a crucial check on executive overreaching. It may provide power to stop a president in his tracks. And yet, two centuries after the founding, the scope of this congressional power and its relationship with constitutional executive authorities remains both contested and inadequately theorized.

The Origins (And Fragility) Of Judicial Independence, Tara L. Grove

Vanderbilt Law Review

We hold certain truths of the federal judiciary to be self-evident. Article III judges are entitled to life tenure and salary protections, and cannot be removed outside the impeachment process.' Political actors must comply with federal court orders. And "packing" the Supreme Court is wrong. These assumptions are so deeply ingrained in our public consciousness that it rarely occurs to anyone to question them. But a closer look reveals that these "truths" are neither self- evident nor necessary implications of our constitutional text, structure, and history. Instead, these rules of our federal judiciary have emerged over time through the rough …

Restaurant Inspection Reports As A Proxy Measure For Occupational Health And Safety: South Asian Restaurant Workers In New York City, Ismail Nabeel, Hasanat Alamgir

NYMC Faculty Publications

No abstract provided.

One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers

Journal of Dispute Resolution

Historian David McCullough tells those discouraged about the nation’s current problems that Americans have an “inexhaustible source of strength”: “our story, our history, who we are, how we got to where we are, … all we have been through, what we have achieved” and our “national ambitions.” McCullough calls this the “American spirit” and urges Americans to articulate a current version. Some might express pessimism about this project – after all, one poll indicates that most Americans think we are losing an American spirit. Other commentators agree with McCullough, though, that Americans should endeavor to identify an American spirit that …

Title Page

Journal of Dispute Resolution

No abstract provided.

Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz

Journal of Dispute Resolution

The United States’ interest in enlarging and increasing its presence in outer space is an extension of its current geographically extensive military presence around the globe. These outer-space exploratory goals are compared to the expansionist aspirations of ocean-born European empires of the 17th and 18th centuries; and therefore project a future where nations will compete over space-control to gain a geostrategic advantage on Earth.

Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer

Journal of Dispute Resolution

Asserting a claim in an international transaction is often complex. If a transaction involves parties from different countries, the venue of dispute resolution will often be in a jurisdiction different from that where enforcement may have to be sought. In such a case, any ruling obtained will have to be recognized by the competent authority of the country where enforcement is sought (known as requested country). Obtaining recognition of a foreign ruling in the Middle East and North Africa is considerably challenging. Despite some progress having been made over the last decade, local courts are still rather reserved towards foreign …

Trevo Stent-Retriever Mechanical Thrombectomy For Acute Ischemic Stroke Secondary To Large Vessel Occlusion Registry, Guilherme Dabus, Italo Linfante

All Publications

No abstract provided.

Remaking The Public Law Library Into A Twenty-First Century Legal Resource Center, Mark G. Harmon, Shannon Grzybowski, Bryan Thompson, Stephanie Cross

Criminology and Criminal Justice Faculty Publications and Presentations

This article reviews the current operations of Multnomah County, Oregon’s public law library and assesses the feasibility of creating a legal resource and self-help center within the library. The article reviews common governance models of law libraries and common self-help models, supplemented by interviews with key stakeholders. We conclude that the county could greatly benefit from a self-help center and make recommendations of best practices.

Effectiveness Of Intermittent Mechanical Traction In Cervical Radiculopathy: A Systematic Review, Gilmour Gregory, James M. Mckivigan

College of Health & Human Services (TUN) Publications and Research

The aim of this review was to assess the effectiveness of intermittent mechanical traction (IMT) in treating cervical radiculopathy (CR). A literature search was conducted electronically, and the data were extracted from the available papers that evaluated IMT and its combination with other therapies. The risk of bias was assessed using the criteria recommended by the Cochrane Back Review Group. The quality of evidence was evaluated using the grading of recommendations, assessment, development, and evaluation method (GRADE). Nine of the articles met the inclusion criteria and were included in the review. Results showed that four studies with very low level …

Sowing Seeds Of Justice: Feminists' Reflections On Teaching For Social Justice In The Southwest, Tonya Evette Walls, Malayka Neith Cornejo, Tara J. Plachowski, Erica Kristina Reid, Soo Park

College of Health & Human Services (TUN) Publications and Research

Forming the basis for a provocative dialogue and written to illuminate teaching stories often pushed to the margins, this chapter provides a counter-narrative to the discourse surrounding leaky teacher-of-color pipelines and the national teacher crisis. Employing a critical race analytical lens, critical autoethnographic approach, and narrated through prose, five female educators committed to social justice share how they rely on unique and intersecting identities to sustain themselves in contested school spaces, while simultaneously exploring the cultural wealth they and their students bring into those spaces. Their collective stories reveal important lessons essential to our understanding of how to develop teachers …

Teachers' Perceptions Of Inclusion In A Pilot Inclusive Education Program: Implications For Instructional Leadership, Zachary Y. Mngo, Agnes Y. Mngo

Faculty Publications

© 2018 Zachary Y. Mngo and Agnes Y. Mngo. The opinions of general education secondary school teachers in seven select schools involved in a pilot inclusive education program in the Northwest Region of Cameroon were sought. The findings reveal that most teachers in Cameroon still prefer separate special education institutions to inclusive ones. These conclusions contradict earlier research which showed that resistance to integrated classrooms was emanating from beliefs and customs. Teachers with some training on teaching students with disabilities and more experienced and highly educated teachers were more supportive of inclusive education indicating that resistance to the practice is …

The Statewide Standard, 2018, College Of Education

The Statewide Standard

No abstract provided.