Digital Commons Network^™

Brief Of Professors William Baude And Stephen E. Sachs As Amici Curiae In Support Of Neither Party, William Baude, Stephen E. Sachs

Faculty Scholarship

This case presents the question whether to overrule Nevada v. Hall, 440 U.S. 410 (1979). That question requires careful attention to the legal status of sovereign immunity and to the Constitution’s effect on it, which neither Hall nor either party has quite right. The Founders did not silently constitutionalize a common-law immunity, but neither did they leave each State wholly free to hale other States before its courts. While Hall’s holding was mostly right, other statements in Hall are likely quite wrong—yet this case is a poor vehicle for reconsidering them.

Hall correctly held that States lack a constitutional immunity …

Individual Autonomy In Corporate Law, Elisabeth De Fontenay

Faculty Scholarship

The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court's recognition of corporate religious rights in Burwell v. Hobby Lobby and the Nevada legislature's decision to eliminate mandatory fiduciary duties for corporate directors and officers. Despite their fundamental differences, both resulted in expanding individual rights or autonomy within the corporation-for shareholders and managers, respectively.

The visceral critiques aimed at these two developments suggest a broadly shared …

Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme

Faculty Scholarship

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, such as enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, the two scenarios are not symmetrical.

The Supreme Court’s recent decision in TC Heartland v. Kraft Foods illustrates this dynamic. There, the Court effectively shifted venue choice in many patent infringement cases from plaintiffs to corporate defendants. We use TC Heartland to empirically measure …

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale

Faculty Scholarship

The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.

Evidence-Informed Criminal Justice, Brandon L. Garrett

Faculty Scholarship

The American criminal justice system is at a turning point. For decades, as the rate of incarceration exploded, observers of the American criminal justice system criticized the enormous discretion wielded by key actors, particularly police and prosecutors, and the lack of empirical evidence that has informed that discretion. Since the 1967 President’s Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, there has been broad awareness that the criminal system lacks empirically informed approaches. That report unsuccessfully called for a national research strategy, with an independent national criminal justice research institute, along …

The Constitutionality Of A National Wealth Tax, Dawn Johnsen, Walter Dellinger

Faculty Scholarship

Economic inequality threatens America’s constitutional democracy. Beyond obvious harms to our nation’s social fabric and people’s lives, soaring economic inequality translates into political inequality and corrodes democratic institutions and values. The coincident, relentless rise of money in politics exacerbates the problem. As elected officials and candidates meet skyrocketing campaign costs by devoting more and more time to political fundraising—and independent expenditures mushroom—Americans lose faith and withdraw from a system widely perceived as beholden to wealthy individuals and corporate interests.

The United States needs innovative approaches to help rebuild foundational, shared understandings of American democracy, the American Dream, and opportunity and …

Seeking An Objective For Regulating Insider Trading Through Texas Gulf Sulphur, James D. Cox

Faculty Scholarship

Data summarized in the opening of this article document that inside trading is a growth industry. And, as deals get ever bigger, the growth curve becomes steeper as more the data confirms intuition that the more who know about a good thing the more who will seek to harvest its benefits. Even though insider trading appears to have thrived during the fifty years after Texas Gulf Sulphur, we gather in this symposium to celebrate the decision. But why? As developed below, the Second Circuit’s landmark decision gave way to the Supreme Court’s erection of a fiduciary framework that this article …

Determining An Asset's Tax Basis In The Absence Of A Meaningful Transfer Tax Regime, Jay A. Soled, Richard L. Schmalbeck

Faculty Scholarship

Until recently, in those circumstances where there was a valuation range with respect to a particular asset, executors faced a choice: among estates subject to the estate tax, declaring a high value would increase the estate tax liability; however, due to the Internal Revenue Code's "basis equal to fair market value" rule applicable at death, declaring a low value would expose heirs to a greater capital gains tax on subsequent asset disposition. Because the estate tax rates were higher and that tax was immediate (as opposed to deferred until a later sale by the heir), executors typically minimized asset values, …

Precedent And The Semblance Of Law, Stephen E. Sachs

Faculty Scholarship

Like its author, Randy Kozel's *Settled Versus Right* is insightful, thoughtful, and kind, deeply committed to improving the world that it sees. But despite its upbeat tone, the book paints a dark picture of current law and the current Court. It depicts a society whose judges are, in a positive sense, *lawless* -- not because they disregard the law, but because they are without law, because they have no shared law to guide them. What they do share is an institution, a Court, whose commands are generally accepted. So *Settled Versus Right* makes the best of what we've got, reorienting …

Strategic Publication, Ben Grunwald

Faculty Scholarship

Under the standard account of judicial behavior when a panel of appellate court judges cannot agree on the outcome of a case, the panel has two options. First, it can publish a divided decision with a majority opinion and a dissent. Panels usually do not take this route because a dissent dramatically increases the probability of reversal. The second and more common option is for the panel to bargain and compromise over the reasoning of the decision and then publish a unanimous opinion.

This Article argues that a divided panel has a third option: strategic publication. The panel can choose …

The Second Amendment As Positive Law, Joseph Blocher, Darrell A.H. Miller

Faculty Scholarship

No abstract provided.

Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden

Faculty Scholarship

In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.

In response to this international tension, as well as a …

In Their Own Words: Teachers Make Meaning Of Participation In A Community Of Practice, Laura Lee Ripley

Theses, Dissertations and Culminating Projects

Recent studies on effective professional development in schools have paid attention to the concept of learning done in professional communities, but ignore teacher recommendations and voices. This case study focused on the meaning teachers made from participation in a community of practice in a school implementing reforms.

Founded in Wenger and Lave’s concept of the community of practice, defined as groups of people who come together routinely and who learn to do things better as a result, this study follows a community of practice in the face of a significant school reform where very little other professional development had been …

The Reported Experiences Of Adult To Adult Bullying In K-12 New Jersey Public Schools, Julia R. Mazzarella

Theses, Dissertations and Culminating Projects

This is a qualitative study which investigated the reported experiences of adult to adult bullying by other certified school professionals in a K-12 New Jersey public school setting. The study focused on: 1.) How bullies bully; 2.) The behavioral, psychological, somatic, and career manifestations for the targets of bullying; 3.) The support or lack of support experienced by those who were bullied; 4.) Characteristics of school and school district cultures; and, 5.) Survival techniques used by the bullying targets.

The main findings of this study are described here. First, adult to adult bullying by professionals in schools can take many …

Economic And Environmental Assessment Of Advanced Biofuels : Adoption Under Uncertainty, Farmer Willingness, And Land Use Implications, Pralhad Burli

Theses, Dissertations and Culminating Projects

The production of biofuels offers the prospect of enhancing a country’s energy security by limiting petroleum imports and supporting domestic economic activity by bolstering agricultural and allied sectors. Additionally, advanced biofuels can reduce the reliance on food-grain based first generation ethanol, replace a part of our fossil fuel consumption, and potentially reduce environmental impacts through greenhouse gas emission reductions. However, the cellulosic biofuel industry has not developed as anticipated due to slow advancements in the technology for converting feedstock to fuel, improvements in vehicular efficiency, which has muted fuel demand, and lack of an assured year-round supply of feedstock that …

How War Makes (And Unmakes) The Democratic State: Reading The Reluctant Fundamentalist And Exit West In A Populism Age, Aziz Z. Huq

Public Law and Legal Theory Working Papers

War makes the state, and war makes the state democratic—or so the conventional wisdom holds. But the wars of the twenty-first century will have a distinct complexion from wars of the century just passed. As war and democracy alike change, their relationship alters. This book chapter examines that relationship through the lens of two recent novels by Mohsin Hamid, The Reluctant Fundamentalist and Exit West. The protagonists of these novels stand in some fashion for the two main vectors by which war is perceived to, and indeed does, work a change to the democratic state—the terrorist and the migrant. The …

Guidelines For Adapting Structural Family Therapy Approach For Immigrant Generation East Asian American Families, Shijia Liu

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The author developed detailed guidelines for adapting the structural family therapy approach for therapists who work with immigrant east Asian American families. Due to different acculturation levels among family members, immigrant parents often have conflicts with their children, which have become an important reason why Asian American families seek mental health services. The review of both traditional east Asian family-related cultural values and European American cultural values illustrates the parenting emphases that vary to a great extent between these two broad cultural groups. The widely accepted child development theories, parenting theories, and family therapy approaches were developed primarily based on …

Religious Orientation And Communication As Predictors On Military Spouses' Perception Of Marital Happiness After A Second Deployments, Stephanie Santana

Walden Dissertations and Doctoral Studies

Military spouses are often left at home when their service member deploys to areas outside the United States. These deployments can have a lasting impact on the military spouses' perception of marital happiness. Communication problems can occur within the marriage and military spouses may use their religious orientation to alleviate the stress that comes from deployments. This quantitative study used an online survey method to conduct bivariate correlations and multiple regression analysis from a sample of 128 military spouses. This study focused on the family stress theory and used the Kansas Marital Satisfaction Scale, Extrinsic and Intrinsic Religious Orientation Scale, …

Private Sector Defense Contractor Management Strategies For Contract Fulfillment, Rachel Stallworth

Walden Dissertations and Doctoral Studies

Private sector U.S. defense contractors failing to meet contract objectives experience lower profitability, pay costly penalties, and risk survivability. Using the theory of contracts, the purpose of this multiple case study was to the explore strategies that some leaders of U.S. defense contracting businesses use to meet all the contract terms with the U.S. Department of Defense. Data were collected from 5 leaders of private sector defense contracting companies in northwest Florida through face-to-face, semistructured interviews and through a review of operations manuals, quality assurance policy manuals, and archived U.S. Department of Defense contracts. During data analysis using Yin's 5-step …

Marketing Strategies Of International Pharmaceutical Companies In The Middle East And North Africa Region, Ali Abou Abbas

Walden Dissertations and Doctoral Studies

The declines in oil and gas prices in 2014 by 50% or more led governments in the Middle East and North Africa (MENA) region to decrease healthcare budgets correspondingly by more than 30%. The purpose of this multiple case study was to explore the marketing strategies that managers of international pharmaceutical companies have successfully implemented in the MENA region to ensure profitability after the 2014 decreases in the healthcare budgets, which followed the decline in oil and gas prices. The study involved data collection through semistructured interviews of 6 middle and executive managers working in 2 international pharmaceutical companies located …

Competence Of Behavioral Health Clinicians In Integrated Care Settings, Agyenim Akuamoah-Boateng

Walden Dissertations and Doctoral Studies

Collaborative efforts between medical and behavioral health professionals is required to simultaneously treat individuals with medical and mental health disorders. However, there is lack of focus on the competencies and trainings needed by behavioral health clinicians (BHCs) transitioning to integrated primary care (IPC) settings. The purpose of this qualitative interpretive phenomenological study was to describe the lived experiences of BHCs who have transitioned from specialty outpatient behavioral healthcare settings to IPC settings. Semi-structured interview questions were used to collect data. Using interpretive phenomenological data analysis approach, themes and the shared meanings and experiences of 8 licensed BHCs were explored. Seven …

Policy Implications And Perceptions Of African American Men Who Used Ritalin As Children, Divine Ayivor

Walden Dissertations and Doctoral Studies

Even though there are high diagnosis rates of ADHD among young African American

men, policy makers and parents have largely viewed the use of Ritalin as a psychotrop

ic

drug that raises public health concerns. African American parents may be reluctant to

treat their children pharmacologically. Very few studies have fully explored the

perceptions of African American men

about the consequences of their

Ritalin

use

as

chi

ldren. The purpose of this qualitative study was to explore the experiences of African

American men who used Ritalin as children

so that

policy makers

and

parents of children

with ADHD

might

better …

Improving Chronic Constipation Health Literacy Proficiency: Animation Versus Traditional Written Pamphlets, Jason Baker

Walden Dissertations and Doctoral Studies

The U.S. health care system is evolving from medical centric to patient centered, augmenting the importance for patients to comprehend and process medical information. The Department of Education indicated that 77 million Americans have a basic or below basic health literacy proficiency and 12% register as health literacy proficient. Animation is a time-tested device for improving health by enhancing comprehension. Chronic constipation (CC) complexity entails physiological, anatomical, and environmental mechanisms. Using the cognitive theory of multimedia learning and dual-channel auditory and visual processing, the primary research question addressed whether an animated educational video improved health literacy for CC more than …

Differentiating Theists And Nontheists By Way Of A Sampling Of Self-Reported Sexual Thoughts And Behaviors, Kelli Callahan

Walden Dissertations and Doctoral Studies

Numerous researchers have addressed the impact of individual religiosity or spirituality on psychological well-being. However, studies addressing the possible relationship between religiosity and sexuality, specifically in the form of deterrence of certain sexual thoughts or behaviors based upon religious dictates, remain sparse. Individual religiosity may be related to individual sexual self-expression. Built on the framework of cognitive-dissonance theory and self-determination theory, this quantitative, correlational study was designed to examine the relationships between religiosity and sexual attitudes and behaviors of both theist and nontheist population samples comprised of approximately 400 subjects throughout the United States. Study participants completed the Derogatis Sexual …

Relational Aggression Among Adolescent African American Females, Latoshia S. Daniels

Walden Dissertations and Doctoral Studies

Relational aggression includes manipulative behaviors such as gossiping, spreading rumors, or practicing exclusion to intentionally destroy a peer's social reputation. Aggressive behaviors such as those found in relational aggression contribute to unsafe school environments. Research on relational aggression has increased in recent years, yet there is minimal research on relational aggression among African American adolescent females. The research questions were What is social workers' understanding of relational aggression? and How do social workers' cultural awareness and general understanding of African American females' relationships and interpersonal connections impact their ability to connect with their clients in the therapeutic relationship? The purpose …

Public Awareness Of Human Trafficking, Chelsea Annette Farrell

Walden Dissertations and Doctoral Studies

Public awareness is crucial in the fight against human trafficking, but little academic research looks at the public policy implications of different types of messaging the public may be using in recognizing human trafficking. Using policy feedback theory as the theoretical lens, the purpose of this quantitative study was to compare mean awareness scores for both film and social media to determine if there was a statistically significant difference between the scores and their degree of public awareness. Data were collected through an online survey, which included questions related to both film and social media, using a participant pool service. …

Reentry Practitioners' Perceptions Of Constraints During Ex-Offenders' Job Search Process, Crystal Raquel Francis

Walden Dissertations and Doctoral Studies

Unemployment among formerly incarcerated citizens is a complex problem that continues to grow. Previous reentry studies describe the collateral effects of incarceration on employment from the perspective of formerly incarcerated individuals, yet little academic research exists regarding reentry practitioners' perceptions of constraints during the job search process. Using Goldratt's theory of constraints as the foundation, the purpose of this case study of reentry and employment in a mid-Atlantic state was to explore from the perspective of practitioners, the types of constraints individuals with criminal records face during the job search process, the most difficult phase of the job search process, …

The Predictability Of Facebook Memorial Page Participation On Grief, Colleen Grote

Walden Dissertations and Doctoral Studies

As the world's largest social networking site, Facebook, continues to grow in popularity, it is imperative for counselors and counselor educators to better understand how online environments impact all facets of life, including death. Grief behaviors on Facebook have been a focus of scholars since the launch of the social networking site in 2004. Researchers have demonstrated that Facebook memorial pages have a significant impact on the social and cultural practices related to death and memorialization for Facebook users. However, despite a rapid rise in research related to online mourning, researchers have yet been able to establish the potential risk …

Influence Of Privatization Policies On Residential Satisfaction In Military Family Housing, Kirsten R. Hawley

Walden Dissertations and Doctoral Studies

Little published research has examined the post-implementation outcomes of public private partnerships for housing, specifically the Military Privatized Housing Initiative (MPHI) from the perspective of the end user, the Military Family Housing (MFH) resident. Using Mettler and SoRelle's conceptualization of policy feedback theory as the foundation, the purpose of this repeated cross-sectional study was to assess residential satisfaction pre- and post- implementation of the MPHI. The study also addressed the influence of sociodemographic factors on MFH residents' perceived residential satisfaction. Secondary data were collected using 2 Department of Defense surveys administered pre- and post-implementation. An independent-samples t test was used …

Elementary English For Speakers Of Other Language Teachers' Perceptions Of The Push-In Program To Support Mathematics Skills, Joye Henry

Walden Dissertations and Doctoral Studies

Walden University

College of Education

This is to certify that the doctoral study by

Joye Elfreda Henry

has been found to be complete and satisfactory in all respects,

and that any and all revisions required by

the review committee have been made.

Review Committee

Dr. Gloria Jacobs, Committee Chairperson, Education Faculty

Dr. Jerita Whaley, Committee Member, Education Faculty

Dr. Mark Earley, University Reviewer, Education Faculty

Chief Academic Officer

Eric Riedel, Ph.D.

Walden University

2018