Digital Commons Network^™

President Donald Trump And Federal Bench Diversity, Carl W. Tobias

Law Faculty Publications

President Donald Trump constantly reminds United States citizens about the myriad circuit and district court appointments that his White House is making to the federal judiciary. Last September, Trump proposed the seventh “wave,” which included three people of color among sixteen judicial nominees. This wave permitted the administration to triple the number of ethnic minority picks whom it had selected, which means that the Executive Branch has proffered ten persons of color in appeals court and district court submissions, yet none is a lesbian, gay, bisexual, or transgender (LGBT) individual. Nevertheless, a problematic pattern, which implicates a stunning lack of …

Keeping Promises And Meeting Needs: Public Charities At A Crossroads, Allison Anna Tait

Law Faculty Publications

When a charitable organization cannot fulfill the terms of a charitable gift agreement, it must decide whether to keep a promise or meet a need. That is to say, a charitable organization can either preserve original donor intent, adhering to conditions placed on a gift, or it can attempt to modify the terms of the gift in order to budget and spend the funds more effectively. If an institution chooses to keep a promise, it might be stuck with a fund it cannot use because of conditions placed on the money at the time of the gift. In order to …

Bespoke Discovery, Jessica M. Erickson

Law Faculty Publications

The U.S. legal system gives contracting parties significant freedom to customize the procedures that will govern their future disputes. With forum selection clauses, parties can decide where they will litigate future disputes. With fee-shifting provisions, they can choose who will pay for these suits. And with arbitration clauses, they can make upfront decisions to opt out of the traditional legal system altogether. Parties can also waive their right to appeal, their right to a jury trial, and their right to file a class action. Bespoke procedure, in other words, is commonplace in the United States.

Far less common, however, are …

Congress Should Sprinkle Some Salt On The Federal Courts, Hayes R. Holderness

Law Faculty Publications

Observers of the state and local tax world regularly note the seemingly irresponsible actions so often taken by state revenue agencies, by state courts, and by state legislatures — a few recent examples of states acting badly are set forth below. In many ways federal law has encouraged these types of actions by placing limited checks on the states. The federal Tax Injunction Act (TIA) and the common law comity doctrine keep federal courts off the states’ backs. Also, the Supreme Court’s South Dakota v. Wayfair Inc. decision and its Murphy v. National Collegiate Athletic Association decision, in which state …

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Law Faculty Publications

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …

Mostly Settled, But Right For Now, Corinna Barrett Lain

Law Faculty Publications

Randy Kozel’s book, Settled Versus Right: A Theory of Precedent, is a laudable effort to make the law more stable, more cohesive, more impersonal — an effort to show that the law can endure even as Justices come and go. The core of his contribution is a proposed doctrine of stare decisis that disentangles deference to precedent from the interpretive methodologies that led to the precedent in the first place, and that so often determine the amount of deference a precedent gets. As a purely doctrinal project, Settled Versus Right naturally assumes that if we fix the doctrine, we’ll fix …

Marriage Equality Comes To The Fourth Circuit, Carl W. Tobias

Law Faculty Publications

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …

Personal Jurisdiction And Aliens, Scott Dodson, William S. Dodge

Faculty Scholarship

No abstract provided.

Cooperative Subfederalism, Dave Owen

Faculty Scholarship

No abstract provided.

Commentary: Vaccine Medical Exemptions Are A Delegated Public Health Authority, Dorit Rubinstein Reiss, Richard J. Pan

Faculty Scholarship

No abstract provided.

Safeguarding Development: Risk Reduction In Us Government Foreign Aid And Investment Facilitation Beyond The Current Patchwork, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Raman Spectroscopic Analysis Of High Molecular Weight Proteins In Solution - Considerations For Sample Analysis And Data Pre-Processing, Drishya Rajan Parachalil, Brenda B. Brankin, Jennifer Mcintyre, Hugh Byrne

Articles

This study explores the potential of Raman spectroscopy, coupled with multivariate regression techniques and a protein separation technique (ion exchange chromatography), to quantitatively monitor diagnostically relevant changes in high molecular weight proteins in liquid plasma. Measurement protocols to detect the imbalances in plasma proteins as an indicator of various diseases using Raman spectroscopy are optimised, such that strategic clinical applications for early stage disease diagnostics can be evaluated. In a simulated plasma protein mixture, concentrations of two proteins of identified diagnostic potential (albumin and fibrinogen) were systematically varied within physiologically relevant ranges. Scattering from the poorly soluble fibrinogen fraction is …

Patient Experiences Of A Physiotherapy-Led Multidisciplinary Rehabilitative Intervention After Successful Treatment For Oesophago-Gastric Cancer, Annemarie Bennett, L. O'Neill, D. Connolly, E. M. Guinan, L. Boland, Suzanne Doyle, J. O'Sullivan, J. V. Reynolds, J. Hussey

Articles

Purpose To qualitatively explore the perceived impact of a 12-week rehabilitative intervention for oesophago-gastric cancer survivors on their physical, mental and social wellbeing. Methods Of the 21 participants who completed the intervention, 19 took part in a semi-structured focus group interview. Four audio-taped focus groups were held, ranging in size from two to eight participants. Focus groups were transcribed and analysed using a descriptive qualitative approach. Results At recruitment, participants were 23.5 ± 15.2 months post-surgery and all had suboptimal fitness levels. Participants reported improvements in their physical capacity and ability to carry out activities of daily living during the …

Inclusive Work Practices: Turnover Intentions Among Lgbt Employees Of The U.S. Federal Government, Meghna Sabharwal, Helisse Levine, Maria J. D’Agostino, Tiffany Nguyen

Publications and Research

The federal government lags behind in progressive civil rights policies in regard to universal workplace antidiscrimination laws for lesbian, gay, bisexual, and transgender (LGBT) Americans. The slow progress matters to inclusionary workplace practices and the theory and practice of public administration generally, as recognition of LGBT rights and protection are constitutive of representative bureaucracy and promoting social equity. This study examines the turnover intention rates of self-identified LGBT employees in the U.S. federal government. Using the Office of Personnel Management’s inclusion quotient (IQ), and 2015 Federal Employee Viewpoint Survey (FEVS), we identify links in the relationships between workplace inclusion and …

The Effect Of Various Police Enforcement Actions On Violent Crime: Evidence From A Saturation Foot-Patrol Intervention, Eric L. Piza

Publications and Research

The current study tests the crime prevention effect of different police actions conducted during a foot-patrol saturation initiative in Newark, New Jersey. Police actions were categorized into two typologies: enforcement actions (i.e., arrests, quality of life summonses and field interrogations) and guardian actions (i.e., business checks, citizen contacts, bus checks, and taxi inspections). Logistic regression models tested the effect of enforcement and guardian actions on crime during daily (i.e., 24-hr) periods as well as the intervention’s operational (6:00 p.m.-2:00 a.m.) and nonoperational (2:00 a.m.-5:00 p.m.) periods. Analyses were conducted twice, once for the Operation Impact target area and once for …

Taiwan – Community-Building, Civil Society, And Civic Activism: Promises And Predicaments, Anru Lee

Publications and Research

No abstract provided.

The History, Policy Implications, And Knowledge Gaps Of The Cctv Literature: Insights For The Development Of Body-Worn Video Camera Research, Eric L. Piza

Publications and Research

Closed-circuit television (CCTV) and body-worn video cameras (BWVCs) have rapidly spread throughout policing. Such widespread deployment has heightened the importance of identifying best practices for both of these technologies. The research community has worked toward the identification of such best practices, with bodies of knowledge emerging for both CCTV and BWVCs over recent decades. Given its earlier emergence, research on CCTV is more developed. Nonetheless, the BWVC literature is quickly becoming robust, with BWVC research developing at a much more rapid pace than research on most other police technologies. This essay reviews the CCTV and BWVC literatures across four main …

Improved Student Outcomes In Biological Psychology Courses Through Scaffolded Reading And Writing Assignments., Jillian Grose-Fifer, Christopher Davis-Ferreira

Publications and Research

The American Psychological Association expects graduating psychology majors to be able to read and summarize complex ideas accurately, and to communicate effectively as writers. However, undergraduates often have little explicit instruction and practice in reading and summarizing academic articles, or in psychology-specific writing practices. Consequently, students’ skills as academic readers and writers often fail to meet expectations. In our large public university, writing problems were prevalent in our biological psychology classes. When asked to read and summarize primary sources, students reported that the articles were very difficult to understand, papers commonly included plagiarism, and many students withdrew from the classes. …

Comedian Hosts And The Demotic Turn, Kathleen Collins

Publications and Research

Podcasting is a showcase for what cultural studies scholar Graeme Turner coined “the demotic turn” or the increasing visibility of the "ordinary person" in the today’s media landscape. Collins argues that the emergence of a particular breed of podcasts – comedian-hosted interviews with celebrities – function in an “off-label” manner as a form of self-help or vicarious therapy. The emergence and rapid growth of this genre can attributed to three main factors: a confessional culture, the triumph of experience over expertise, and the democratization allowed by the form’s technology. She explores the link between emotional intimacy and comedy, and analyzes …

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …

Factors Associated With Adherence To Diabetes Medication Among Individuals With Type 2 Diabetes In Cambridge, Ontario, Canada., Benedict Osamuimen Atekha

Walden Dissertations and Doctoral Studies

Although it is known that the prevalence of type 2 diabetes is on the rise in Canada, more information is needed on how well type 2 diabetes patients living in Cambridge, Ontario self-manage their diabetes and what factors influence their adherence to diabetes medication regimens. The objective of this cross-sectional study based on the theory of planned behavior was to determine if there are predictors of adherence to diabetes medications among patients living with type 2 diabetes in Cambridge. The World Health Organization STEPwise Approach to Surveillance was used to collect demographic data. Adherence and diabetes knowledge were assessed with …

Internationalization Strategies Of Service Sector Small And Medium Enterprises In Turkey, Aslihan Cakmak

Walden Dissertations and Doctoral Studies

Small and medium enterprises (SMEs) have a significant role in most emerging and developing economies. To increase the probability of survival of their SMEs and achieve sustainable growth, some SME leaders expand their business operations beyond national borders by implementing internationalization strategies. Internationalization is crucial to SME survival. The conceptual framework of this study consisted of a multitheory model including stage model, network theory, and new venture theory. The purpose of this qualitative multiple case study was to explore the strategies that Turkish information communication technology (ICT) SME leaders used to internationalize their business operations. Ten SME leaders, who led …

Understanding Teachers' Perceptions Of Bullying For Developing Teacher Detection And Intervention, Christopher Samuel Hazeltine

Walden Dissertations and Doctoral Studies

Bullying behaviors can have lasting adverse consequences for teachers, victims, offenders, and bystanders. Teachers are often not prepared with the knowledge required for appropriate interventions. The purpose of this study was to understand teachers' perceptions of bullying in one of the largest urban school districts in the United States. Guided by Bronfenbrenner's ecological systems theory, which holds that individuals impact and should be impacted by various environmental systems around them, the study was focused on teachers' understanding of detection and intervention of bullying in the school setting. A qualitative single case study design was used. Fifteen urban, middle school teachers …

Effective Strategies For Venture Capital Evaluations Of Organizations' Drug Development Capabilities, Roslyn Chand

Walden Dissertations and Doctoral Studies

Undercapitalization is a major impediment for the growth and survival of Canadian life sciences firms. Proficient management teams are the 'sine qua non' criteria in the venture capital decision-making processes. The purpose of this multicase study was to explore strategies successful venture capitalists use to improve their evaluation processes of life sciences management teams' drug development capabilities. The conceptual framework for this study was based on business process management. The purposeful sample consisted of 10 venture capitalists located in the United States and Canada who had expertise evaluating life sciences management teams. The data were triangulated from semistructured interviews, annual …

Language Of Instruction And Puerto Rican First Graders' Ethnic Categorizations, Margarita Marichal

Walden Dissertations and Doctoral Studies

The use of subtractive bilingual models in Puerto Rico may influence children's construction of social categorizations. There is a gap in the literature related to linguistics, ethnicity, and systems of education and acculturation of a majority group. The purpose of this multiple case study was to examine the influence of the language of instruction and teachers' communicative practices in private and public schools on first graders' ethnic identity construction in the municipality of San Juan, Puerto Rico. The conceptual framework of the study was based on Markus's unified theory of race and ethnicity, Berry's bidimensional model of acculturation, Tajfel and …

Streamlining Hospital Administrative Procedures To Reduce Costs, Dr. Claret Onukogu

Walden Dissertations and Doctoral Studies

Americans spent nearly $2.6 trillion, or $8,000 per person for medical and administrative costs in 2010. By 2015, healthcare spending in the United States increased to 5.8% reaching $3.2 trillion or $9,990 per individual. By tackling healthcare administrative costs, it is estimated that healthcare providers could reduce these costs by $20 billion yearly. This case study explored strategies for streamlining hospital administrative procedures to reduce costs. The business process reengineering model formed the conceptual framework for this study. Data were gathered through semistructured face-to-face interviews guided by open-ended questions with a purposeful sample of 4 hospital managers in Atlanta, Georgia. …

Information Technology Infrastructure: Global Economy And National Development In Haiti, Reynolds Alcena

Walden Dissertations and Doctoral Studies

Political and environmental chaos recently experienced in Haiti has damaged the economic sector and telecommunication infrastructure. Developmental data from Haiti show 3 major trends: inadequate social and economic development, insufficient benefits from the global economy, and poorly planned information technology infrastructure (ITI). The specific problem addressed in this study is a knowledge gap in the views of stakeholders within Haiti's national culture on how the country's ITI can be developed to better engage Haiti in 21st century global and digital economy. The purpose of this qualitative case study was to explore the views of 48 expert participants regarding ITI development …

Urban High School Educators' Perceptions Of Pre-Service And In-Service Conflict Resolution And Violence Prevention Education, Sean M. Brooks

Walden Dissertations and Doctoral Studies

Studies have shown that conflict resolution and violence prevention education may be lacking within school-based environments. There is a gap in the literature regarding pre-service and in-service conflict resolution and violence prevention education for urban high school educators. The purpose of the study was to understand the experiences and perceptions of urban high school educators' pre-service and in-service conflict resolution and violence prevention education, and the student health-related antecedents that contribute to both. Utilizing a case study methodology, this study emphasized the diverse geographic locations of urban high school educators' pre-service institutions and the perceptions of their pre-service and in-service …

Teachers' Perceptions About Classroom Management Preparedness, Leslie Ellis

Walden Dissertations and Doctoral Studies

Undesirable student behaviors can disrupt classroom activities and can prevent instruction from taking place. At a local middle school, teachers lacked effective classroom management strategies to address undesirable student behaviors that impeded their abilities to instruct students. The purpose of this study was to explore teachers' perceptions about their classroom management preparation and to investigate professional development opportunities that may strengthen their skills in classroom management. Glasser's choice theory was used in this qualitative case study to explore perceptions of 10 teachers. The research questions focused on teachers' perceptions and experiences with effective classroom management practices, their perceptions of administrators' …

A Dream Still Deferred: The Unlawful Use Of Student Fees For Instructional Technology In An Alabama Public School Causing A Disparate Impact For Minority Children, Taurus Myhand

Scholarly Works

In framing the United States Constitution, the public education mandate was reserved for the states to strengthen, not weaken, the efforts of the governments to provide an education for the people. However, there are far too many instances where equal access to educational opportunities is still a dream deferred for many racial and ethnic minority children that are enrolled in public school systems throughout the United States. That is particularly the case for racial and ethnic minority students at one public school system in Alabama. This Note explores the constitutional issues raised by Pike Road School System’s use of mandatory …