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Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley

Georgia Law Review

This Essay makes three contributions to the debate
over whether the Constitution contains a judicially
enforceable constrain on gerrymanders. First,it directly
tackles the Chief Justice'sfear of thejudiciaryappearing
partisan,observing that the same fear would exist if the
Constitution explicitly banned gerrymanders and
explaining why an implicit ban should be no less
judicially enforceable than an explicit ban under
Marbury v. Madison. Second, invoking the idea of
"institutional forbearance" in the important new book
How Democracies Die, the Essay shows how the
Elections Clause can be construed to protect
congressional districting from abuses of legislative
discretion committed by state legislatures. Together,
these …

Non-Alj Adjudicators In Federal Agencies: Status, Selection, Oversight, And Removal, Kent H. Barnett, Russell Wheeler

Georgia Law Review

This article republishes—in substantively similar form—our 2018 report to the Administrative Conference of the United States (ACUS) concerning federal agencies’ adjudicators who are not administrative law judges (ALJs). (We refer to these adjudicators as “non-ALJ Adjudicators” or “non-ALJs.”) As our data indicate, non-ALJs significantly outnumber ALJs. Yet non-ALJs are often overlooked and difficult to discuss as a class because of their disparate titles and characteristics. To obtain more information on non-ALJs, we surveyed agencies on non-ALJs’ hearings and, among other things, the characteristics concerning non-ALJs’ salaries, selection, oversight, and removal. We first present our reported data on these matters, which …

Crowdfunding Signals, Darian M. Ibrahim

Georgia Law Review

Entrepreneurs can now “crowdfund,” or sell securities to unaccredited investors over the Internet, to raise capital. But will these companies be able to attract the follow-on investors (angels and venture capitalists) that are necessary for long-term success? Angels and VCs face extreme levels of information asymmetry when deciding whether to fund a company. Signals can reduce this asymmetry. Early commentary argues a company only crowdfunds as a last resort for fear of sending a negative signal about the company’s quality to follow-on investors. This Article argues the inverse. This Article argues a successful crowdfunding campaign can send a positive signal …

Bail And Mass Incarceration, Samuel Wiseman

Georgia Law Review

It is widely known that the United States has the highest incarceration rate in the developed world, and the causes and ramifications of mass incarceration are the subject of intense study. It is also increasingly widely recognized that the high rates of pretrial detention, often linked to the use of money bail, are unjust, expensive, and often counterproductive. But, so far, the links between money bail, pretrial detention, and mass incarceration have been largely unexplored. Our criminal justice system relies primarily on plea bargains to secure convictions at a relatively low cost. And, as shown by recent empirical work, the …

Detainee Transfers And Immigration Judges: Ice Forum-Shopping Tactics In Removal Proceedings, Roger Grantham

Georgia Law Review

U.S. immigration policy and ICE tactics have been greatly scrutinized over the past year. While many criticisms focus on border policy and the conditions of detention, scholars have also raised concerns over ICE’s unfettered discretion to transfer detainees to different detention centers. Not only may ICE transfer detainees anywhere in the country, ICE has gradually expanded this practice. Now, on average, every detainee is transferred at least once each year. ICE, however, is not the sole point of criticism for immigration advocates. Recently, Immigration Judges’ decisions have been scrutinized for their lack of consistency. Wide variations in IJ decision making …

If Established By Law, Then An Administrative Judge Is An Officer, Jennifer L. Cotton

Georgia Law Review

Administrative Judges (AJs) are a large and often overlooked group of federal agency adjudicators. While courts have examined Article II Appointments Clause challenges to Administrative Law Judges (ALJs), courts have yet to encounter a legal challenge to the constitutionality of AJs’ appointment procedures. The constitutionality of any federal government actor’s appointment is dependent upon whether that actor is an “officer” or an “employee” under the Article II Appointments clause. It is apparent that the current “significant authority” test that the Supreme Court has espoused to distinguish between officers and employees is unworkable. This Note endeavors to set forth a bright-line …

How Devolved Is Too Devolved?: A Comparative Analysis Examining The Allocation Of Power Between State And Local Government Through The Lens Of The Confederate Monument Controversy, W. Davis Riddle

Georgia Law Review

At various critical junctures in our nation’s history, lawmakers have struggled to strike the proper balance between centralization and delegation of authority. Recently, the debate over whether to remove Confederate monuments has again brought to the fore this centuries-old struggle. Beginning in 2000, state legislatures throughout the South enacted statutes primarily designed to protect Civil War monuments, which in the South predominantly pay tribute to the Confederate cause. Recent attempts by Southern localities to remove Confederate monuments have revealed the inadequacy of these recently-enacted statutes. Virtually every state legislature that has successfully passed a statute on the topic has produced …

If You (Pay To) Build It, They Will Come: Rethinking Publicly-Financed Professional Sports Stadiums After The Atlanta Braves Deal With Cobb County, Steven D. Zavodnick Jr.

Georgia Law Review

“If you build it, they will come.” In the classic film Field of Dreams, Iowa farmer Ray Kinsella heard a voice from the heavens repeat this phrase while working his cornfield. On belief alone, Ray plowed over his cornfield and built a baseball diamond—risking financial ruin and bringing his sanity into question. When all was almost lost, Ray’s faith was rewarded. The ghosts of past baseball greats emerged from the cornfield to play on Ray’s field, and he was able to “have a catch” with the ghost of his long-dead ballplayer father.

Cobb County, Georgia (Cobb) pledged millions of dollars …

Human Resource Management Strategies For Small- And Medium-Sized Enterprise Project Success, Armstrong Matthew Alexis

Walden Dissertations and Doctoral Studies

Critical success factors that contribute to project success in small and medium-sized enterprises (SMEs) have received insufficient attention in research. Guided by the goal-setting conceptual framework, the purpose of this multiple case study was to explore the human resource management (HRM) strategies used by owners of SMEs to achieve project success. Five owners of SMEs in St. Lucia participated in the research by contributing their experiences in using HRM strategies to achieve project success. Data were collected from SME owners using semistructured interviews, and from observations and analysis of company records. Data were manually analyzed using Yin's 5 phases. Five …

Early Radiation Therapy And Cervical Cancer Survival In The United States, Olufunmiso Oyetunde Asamu

Walden Dissertations and Doctoral Studies

A paucity of information exists on the benefits of using radiation therapy for treating women with early cervical cancer detection. The purpose of this cross-sectional study was to investigate the association between early versus late testing of Human papilloma virus (HPV), age, race, radiation therapy, and regions in United States, and survival rates among women diagnosed with early cervical cancer. The epidemiological triad of person, time, and space guided this study to explain the regional spread of cervical cancer, and the effect of early testing. Secondary data from Surveillance, Epidemiology, and End Results (SEER) were used (N= 520,153). Statistical analyses …

Nyc Administration For Children's Services Child Abuse And Neglect Prevention Polices, Program And Laws, Oluropo Abiodun Fele

Walden Dissertations and Doctoral Studies

Despite efforts and financial resources invested in the prevention of child abuse and neglect in New York City (NYC), many children are still in danger of being victimized by their parents or caregivers. The general public's assumption is that the NYC Administration for Children's Services (ACS) either does not have efficient policies, programs, or laws to protect at-risk children, or these are not being properly implemented. The purpose of this qualitative study was to provide a thorough analysis of ACS policies, programs, and laws based on information gained from interviews with child welfare experts. Newberger and Newberger's social support theory …

Socioeconomic Characteristics Of Farmers And Agrochemical Use In Grenada, Lindonne Marcia Glasgow

Walden Dissertations and Doctoral Studies

The World Health Organization classified carbaryl, glyphosate, and paraquat as hazardous to human health. In the Agriculture Health Study in the United States, health problems were associated with the use of these 3 agrochemicals 12 or more times per year. These 3 agrochemicals were commonly used in Grenada. The purpose of this quantitative cross-sectional study was to investigate the relationship between the social and economic characteristics of the farmers who participated in the 2012 agriculture survey and the use of agrochemicals at frequencies that could pose health risks. Five constructs of the social cognitive theory were used as the premise …

Association Between Genetic Ancestry And Body Mass Index Among A Cohort Of Hispanic American Children, Sahel Hazrati

Walden Dissertations and Doctoral Studies

Childhood obesity is disproportionately higher among children from Hispanic backgrounds. Ethnicity is a social and cultural construct and does not capture true ancestral heterogeneity. Hispanic Americans have a wide variety of genetic admixture proportions of European (EUR), Native American (AMR), and African (AFR) ancestry. The objective of this cross-sectional study was to assess the contribution of ancestral genetic composition to body mass index (BMI), and to evaluate the relationship of obesity risk factors to BMI among 154 2-year-old Hispanic American children. The theory of Evolutionary Developmental Biology was utilized to investigate the relationship between children's growth process and ancestral background. …

Advancement Of Social Service Delivery Through Cross-Sector Partnerships In Nigeria, Emmanuel Chukwudi Ihenacho

Walden Dissertations and Doctoral Studies

Nonprofit organizations and the social services they provide have often engaged the attention of organizational scholars and practitioners. There is also a general perception of nonprofits as agents of social development in cases of public service failure. However, with the proliferation of many small nonprofits, their capacity for effective service delivery has been debated. Some have proposed cross-sector organizational partnerships (CSPs) as a means of assuring service effectiveness; however, such initiatives have been limited and not well understood in Nigeria. This study used a qualitative case study approach to focus on a CSP involving a nonprofit vocational training institute and …

Exploring Ethnic Diversity On Managerial Choices In Nigeria., Henry Odiri Imoni

Walden Dissertations and Doctoral Studies

In Nigeria, most citizens between the ages of 20-60 believe that ethnicity is the leading cause of discrimination. The central problem addressed in this study was how ethnic diversity influenced managerial choices in Nigeria. The purpose of this qualitative case study was to explore the role of ethnicity in managerial choices in a Nigerian federal traffic management agency to gain an understanding of how ethnicity influenced managers' recruitment, placement, and promotion of employees. Complexity theory and a consideration of African management practices constituted the conceptual framework. Participants were 11 managers who were recruited from a Nigerian government agency using a …

United States-Mexico Dual Resident's Perceptions Of Heritage And Acculturation, Alisia N. Muir

Walden Dissertations and Doctoral Studies

United States' policy makers have been challenged creating understandable nutrition labels and effective healthy food campaigns for consumers of mixed heritage. Previous studies explored the sociocultural factors that influence Hispanics' abilities to navigate consumer food education programs, but little was known about how Mexican culture impacts those programs. The purpose of this study was to better understand those factors. Research questions focused on the experiences of residents of a west Texas town regarding their food decision-making process about food choices and their understanding of food education information. The purpose of this phenomenological research was to explore how Mexican culture effected …

Countering Expansion And Organization Of Terrorism In Cyberspace, Sunday Oludare Ogunlana

Walden Dissertations and Doctoral Studies

Terrorists use cyberspace and social media technology to create fear and spread violent ideologies, which pose a significant threat to public security. Researchers have documented the importance of the application of law and regulation in dealing with the criminal activities perpetrated through the aid of computers in cyberspace. Using routine activity theory, this study assessed the effectiveness of technological approaches to mitigating the expansion and organization of terrorism in cyberspace. The study aligned with the purpose area analysis objective of classifying and assessing potential terrorist threats to preempt and mitigate the attacks. Data collection included document content analysis of the …

Barriers To Women Leadership Of Small And Medium Enterprises In Nigeria, Roseline Iruoma Ojinta

Walden Dissertations and Doctoral Studies

Management literature lacks a deeper understanding of barriers to Small and Medium Enterprises (SME) leadership among women entrepreneurs in Nigeria focusing on women leaders' daily business experiences, their agency, and their entrepreneurial context. Women in Nigeria seeking promotion to leadership roles in SMEs continue to look for answers on how to surmount the multiple barriers hampering their leadership aspirations. To address this need, this study was designed to explore how women entrepreneurs in Nigeria describe barriers to SME leadership through narratives about their daily business experiences, their agency, and their entrepreneurial context. The women's entrepreneurial development in Nigeria, the Nigerian …

Niger Delta Youths' Views On Entrepreneurship Education For Combating Poverty And Unemployment, Sylvanus Obidinma Ohakam.

Walden Dissertations and Doctoral Studies

Abstract

Education policymakers in Nigeria lack the knowledge on the views of Niger Delta youths, who rely on entrepreneurship education and its contents to fight poverty and unemployment in their area. This study's purpose was to gain deeper understanding of the views of Niger Delta youths on entrepreneurship education, its contents, and its role in fighting their area's high rate of poverty and unemployment. This study was framed and guided by three key concepts that focus on the challenges of poor communities: youth unemployment in sub-Saharan Africa, entrepreneurship education, and youth entrepreneurship. To address this issue properly, a qualitative multiple-case …

Factors Potentially Influencing Suspensions At An Affiliated Charter High School, Debra Bryant

Walden Dissertations and Doctoral Studies

Federal government agency reports have documented concerns regarding the use of school discipline and suspension indicating that Black students are referred for discipline and/or suspended at a higher rate than students of other ethnicities. Available data from the local school district involved in this study reflected similar troubling patterns of discipline referral and suspension. The purpose of this study was to determine if variables such as ethnicity, socioeconomic status, and gender predict the likelihood of receiving discipline referrals or being suspended at an affiliated charter high school in the local school district. Guided by Bandura's social learning theory, this correlational …

Strategies For The Effective Management Of Human Resources Outsourcing And Performance, Dee Thi Thuy Boonyeun

Walden Dissertations and Doctoral Studies

Human resources (HR) outsourcing has become a norm that organizational leaders leverage as a strategic tool to achieve various business objectives. However, the outsourcing of specific HR functions generates unintended consequences and impacts the performance of internal staff. The purpose of this qualitative, descriptive multiple case study was to explore the strategies used by HR managers to mitigate the negative effects outsourcing has on HR staff performance. The conceptual framework underpinning this research was transaction cost theory. Data were collected from 6 HR executives with experience leading HR outsourcing initiatives in the financial services industry in the United States. Primary …

Strategies Church Financial Leaders Use For Financial Sustainability During Economic Crises, Jessie Hyman Jackson

Walden Dissertations and Doctoral Studies

Church financial leaders were affected by the economic crisis after the 2008 recession. In a 2009 group study conducted nationwide with church financial leaders, 57% stated that the economy had a negative effect on their church budgets. The purpose of this qualitative multiple case study was to explore successful strategies that some church financial leaders used to ensure financial sustainability during economic crises. Resource dependence theory was the conceptual framework. Data were collected from 6 church financial leaders at 4 churches in the northeastern region in the United States; church financial leaders were selected through purposeful sampling to participate in …

Managing Employee Motivation Through The Process Of Government Furloughs, Kim Charisc Hill

Walden Dissertations and Doctoral Studies

Budget constraints will cause federal furloughs to continue through 2035. Federal furloughs such as the one in 2012-2013, affected 800,000 out of 2.7 million federal employees. This dramatic workforce reduction caused remaining employees to experience stress and morale issues in the workplace. The purpose of the research was to understand how managers comprehend and experience the impact of extrinsic and intrinsic motivation on remaining employees' performance and attitudes during the furlough process. The theoretical foundation and conceptual framework were designed using both intrinsic and extrinsic motivation concepts and theories. Aspects of self-determination theory and hierarchy motivation theory were used to …

Strategies Retailers Use To Build Brand Loyalty And Improve Customer Experience, Mekus Samuel

Walden Dissertations and Doctoral Studies

The use of strategy to build brand loyalty and improve customer experience by retail managers is essential in driving sales revenue and increasing profitability. Retail managers should perceive customer experience strategy as a tool for product differentiation, which could be leveraged to attain benefits, such as, repeat business, positive word of mouth, increased sales, and the competitive advantage. Some retail managers may not fully comprehend customer experience strategy, and may solely focus on individual facets such as, customer service and employee training. This qualitative multiple case study explored the strategies retail managers used to build brand loyalty and improve customer …

An Ethnography Of African American Parents' Perceptions About Exiting The Child Welfare System, Clevester Moten

Walden Dissertations and Doctoral Studies

Families of color in the State of Michigan, as in many other states, have been overrepresented in the child welfare system, particularly in the foster care system. The Child and Family Services and Improvement Act of 2006 (P.L. 109-288) was intended, in part, to provide community-based interventions that could rectify the inequality some African American families experienced during their journey through the U.S. child welfare system. Guided by Bronfenbrenner's human ecology theory and Shaw and McKay's social disorganization theory, the purpose of this qualitative study was to examine the experiences and perceptions of African American parents and families about the …

Middle School Teachers' Perceptions About Reading Achievement, Brenielle Williams

Walden Dissertations and Doctoral Studies

Reading skills assessments have demonstrated that middle-grade Mississippi school children are on average two full grade levels or more below grade reading levels. This qualitative case study in one urban county Mississippi school district with decreasing literacy scores examined teachers' perceptions of evidence-based literacy instruction methods, which may improve literacy problem in this district. The constructive learning theory provided the conceptual framework for this study. The research questions addressed teacher perceptions regarding recommended instructional strategies, limiting factors in student literacy, and suggestions about improving literacy teaching. Ten middle-grade teachers from 3 district schools participated in semi-structured interviews on research-based instructional …

Decreasing Unethical Behaviors In Financial Institutions, Jiari Ebony Anderson

Walden Dissertations and Doctoral Studies

An ethical climate helps to ensure a trustworthy organizational culture. This multiple case study explored strategies that banking managers in the southeastern region of the United States used to decrease unethical employee behaviors. The target population included 6 banking managers who demonstrated effective strategies to help ensure an ethical culture and decease unethical behaviors. Hunt and Vitell's ethical decision making theory served as the conceptual framework for this research. Data were obtained from face-to-face interviews and the review of archival data from website information. Data analysis involved an inductive examination following case descriptions. Intensive leadership skills and managers' effective communication …

Exploring The Cultural Intelligence Of Nurse Leaders, Valerie D. Campbell

Walden Dissertations and Doctoral Studies

Today, nurses represent many cultures and ethnic backgrounds. In their leadership style, nurse leaders must learn to embrace cultural intelligence or cultural quotient (CQ), that is, an extension of emotional intelligence that affords them the ability to manage a culturally diverse workforce. Historically, CQ has been relevant to business, locally and globally. But it is also important to explore the CQ of nurse leaders. Scholarly studies show that leaders with CQ are responsible for developing innovative employee behaviors, forward-thinking ideas, and creativeness in the workplace. CQ has a theoretical foundation in the 2003 research of Early and Ang who focused …

Advocating Ideal Type Policy For Police Officer Wellness Based On Body Mass Index As A Predictor Of Self-Reported Occupational Stress, Louis Chiappetta

Walden Dissertations and Doctoral Studies

Scholars have validated both the damaging presence of police officer stress and separately, their increasing obese condition in the United States. Previous studies of police officers focus on stress or body weight, but not these variables conjointly. The purpose of this study was to inform policy creation by examining the problem of officer stress in relation to the calculated body mass index (BMI) values and to gain insight into stress outcomes. Lazarus and Folkman's stress-coping theory served as the research lens to examine if BMI would significantly contribute to the percent change of R2 variance accounted for in the predictive …

Local Law Enforcement's Ability To Transform Inputs Into Counterterrorism Outputs, Melissa S. Gresham

Walden Dissertations and Doctoral Studies

Leadership within local police organizations should be able to, but do not, process information and create actionable strategies aimed toward proactive counterterrorism practices. This problem could lead to future terrorist attacks within the United States if police agencies do not adjust their tactics in response to growing terrorist threats. A possible cause of this problem is that leadership within local law enforcement agencies is reactive in nature and as a consequence, do not encourage officers to engage in proactive strategies. Using Easton's conceptualization of systems theory as the foundation, the purpose of this case study of a single law enforcement …