Digital Commons Network^™

Can The President Control The Department Of Justice?, Bruce A. Green

Faculty Scholarship

No abstract provided.

Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins

Faculty Scholarship

No abstract provided.

Piracy And Due Process, Andrew Kent

Faculty Scholarship

No abstract provided.

The Jury And Empire: The Insular Cases And The Anti-Jury Movement In The Gilded Age And Progressive Era, Andrew Kent

Faculty Scholarship

This Article argues that there was an important causal link, to date unrecognized, between the widespread dissatisfaction with the jury in the United States during the Gilded Age and Progressive era among many elite lawyers and judges and choices by U.S. policymakers and jurists about colonial governance in Puerto Rico and the Philippines. The story starts with the Insular Cases-landmark Supreme Court decisions from the early twentieth century holding that jury rights and some other constitutional guarantees did not apply in Puerto Rico and the Philippines until and unless Congress had taken decisive action to "incorporate" the territories into the …

The Problem Of Monopolies & Corporate Public Corruption, Zephyr Teachout

Faculty Scholarship

No abstract provided.

Christians And Pagans, Abner S. Greene

Faculty Scholarship

No abstract provided.

“Gratuitous Distribution”: Distributing African American Antislavery Texts, 1773–1850, Nathan Jeremie-Brink

Dissertations

“‘Gratuitous Distribution’: Distributing African American Antislavery Texts, 1773–1850” examines the networks and practices African Americans used to move antislavery print in the early nineteenth century. Exchanges made use of subscription agents, business affiliates, churches, civic institutions and family or personal connections. Texts moved by formal and informal means, were smuggled and mailed, and some recipients read them aloud to people lacking or prohibited from literacy. At times, these practices transgressed laws or resulted in white authorities’ attempts to suppress the circulation of antislavery materials and the roles played by black distributors. Collaborative efforts facilitated the flow of printed texts and …

Horses In Therapy: The Practice Of Equine Facilitated Psychotherapy, Mandi J. Turner

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Horses are being used in psychotherapy at increasing rates despite a lack of evidence establishing efficacy of the practice (Anestis, Anestis, Zawilinski, Hopkins, & Lilienfeld, 2013; Selby & Smith-Osborne, 2013). Without common and consistent practices based on a working theory of how Equine Facilitated Psychotherapy (EFP) creates change, it is unknown how varied the practice is across the United States (Anestis et al., 2013). A lack of studies establishing efficacy leaves providers to determine effectiveness based on anecdotal evidence that may be at risk for bias (Lilienfeld, Ritschel, Lynn, Cautin, & Latzman, 2014). The American Psychological Association (APA) provides recommended …

Working With Transnational Women From Latin American Countries From A Feminist Therapy Framework: A Guide For Mental Health Providers Working With This Population, Diana Hinojosa

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The experiences of transnational families in the United States have largely been examined as they relate to the impact that separation and migration have on the family system. In most recent years, women have assumed the experience of migration and have moved to countries like the United States to work and provide for their families back home. Transnational families are typically understood as family members who live separated from each other, often across national borders, but continue to maintain unity and connections with each other. The following literature review will examine the social factors impacting Latin American women’s decision to …

Beware The Trademark Echo Chamber: Why Federal Courts Should Not Defer To Uspto Decisions, Deborah R. Gerhardt

Faculty Publications

This Article explains why federal courts should not defer to United States Patent and Trademark Office (USPTO) trademark decisions. Under United States trademark law, actual use of a mark on specific goods or services is required to support federal trademark registration. The USPTO processes a tremendous volume of applications to register trademarks. In order to do so expeditiously, trademark examiners use heuristics drawn from past USPTO registration data. While markets continually change, each trademark registration is updated at five or ten-year renewal intervals. Accordingly, much of the data does not reflect current market use. A recent audit established that many …

Interpreting Contracts Without Context, John F. Coyle, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

An Evaluation Of South African Vehicle Prices And Domestic Market Size, Keith Plekker, Perry Haan

AMTP Proceedings 2018

This study set out to identify what relationship exists between vehicle pricing and market size in a South African context. The research project’s design revolves around a quantitative method, consisting of a non-experimental strategy, with a longitudinal retrospective time horizon. The Box-Jenkins Method was used with auto regression and autocorrelation and partial autocorrelation functions for testing stationarity. The test involved the Rand’s changes against major currencies being related to increases in the advertised new vehicle price. The results of these tests showed weak correlations for the period 2008 to 2016. The conclusion was that no significant correlation exists between the …

"We Were Framed To Fail And Die": The Ethics And Poetics Of Mortality In The Works Of Gerard Manley Hopkins, Brett C. Beasley

Dissertations

This dissertation is the first comprehensive analysis of the subject of mortality in Gerard Manley Hopkins's writings. Hopkins's writings on this subject are broad and varied: while still a student at Oxford, Hopkins became fascinated by martyrs; later, as a priest he would go on to write movingly about the deaths of parishioners in his care and would extol the virtues of soldiers, or "daredeaths" as he refers to them in one poem; finally, toward the end of his life, Hopkins became preoccupied with the role our own mortality plays in shaping our life, perspective, and choices. While previous scholars …

Mentoring The Millennials: Induction Of The Millennial Generation In Education, Christopher M. Brown

Dissertations

This research explored who the Millennial teacher is and revealed the relevancy of current teacher induction programs for them, as well as through the lens of the school leaders responsible for induction programming.

Research Questions

1. How do millennial generation teachers perceive their induction programs as new teachers?

a. What are the perceived needs of millennials in their first year of teaching?

b. How does induction programming meet these needs?

c. What are the perceived effectiveness of these programs to meet millennial needs?

2. How do building/district level leaders perceive the induction of millennial generation teachers?

a. What are the …

Reaching To Restructure Across Borders (Without Over-Reaching), Even After Brexit, Susan Block-Lieb

Faculty Scholarship

Is there such a thing as “good” forum shopping? Courts and commentators have begun to articulate the “virtues” of at least some forum shopping, including forum shopping to resolve corporate insolvency or financial distress whether on a domestic or global basis. Especially within the European Union (EU), acceptance has grown of debtors’ efforts to qualify as eligible to access the forum best able to resolve their financial difficulties, even where the efforts involve substantial “fact shifting,” so long as these efforts occurred transparently and were neither abusive nor in bad faith. Growing acceptance of such efforts is partly the result …

Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon

Faculty Scholarship

The relationship of immigration law to the Constitution has long been incoherent. One result is that there is little clarity on the appropriate standard of review for constitutional violations when aspects of immigration law and policy are challenged in the federal courts. This Article advances the Commerce Clause as the anchor of a new understanding of the link between the government's immigration power and the Constitution. Despite the extensive early history of the Foreign Commerce Clause as the presumed source of the immigration power, it plays almost no role in immigration jurisprudence today, and few scholars have seriously considered its …

Psychological And Economic Self-Sufficiency Among Low-Income Citizens Receiving Governmental Assistance, Vorricia Fechon Harvey

Dissertations

This dissertation study examines dynamics of psychological self-sufficiency (PSS) using a frame of reference that comes from perspectives of low-income citizens who receive some form of governmental assistance (i.e., public aid, Temporary Assistance for Needy Families (TANF) and/or housing subsidies). It explores the validity of integrating PSS as a psychological capital into the holistic theory of change in workforce development. Because in the past, great emphasis has been placed on human capital development and fast track movement into the labor market, little has emerged on the influence of psychological capital properties. Subsequently, policy has guided the evolution of employment program …

Also, No, Ethan J. Leib

Faculty Scholarship

No abstract provided.

The Relationship Between Neighborhood Characteristics And College Academic Outcomes Among An Ncaa Division I Student-Athlete Population: A Multilevel Approach, Ann Kearns Davoren

Dissertations

Over 170,000 students participate annually in National Collegiate Athletic Association (NCAA) Division I sports. Approximately one-third of these student-athletes fail to graduate from their initial school of enrollment within six years. While some will go on to graduate from a transfer institution, roughly 15% will fail to earn a degree while competing for an NCAA Division I school. Using U.S. census block group data, this study adds the neighborhood characteristics of education, employment, income, and racial composition to prediction models of first-year GPA and six-year baccalaureate degree attainment among an NCAA Division I student-athlete sample. The use of multilevel modeling …

Blackness As Disability?, Kimani Paul-Emile

Faculty Scholarship

No abstract provided.

Competitive Philanthropy: Charitable Naming Rights, Inequality And Social Norms, Linda Sugin

Faculty Scholarship

Income inequality today is at a high not seen since the 1920s, and one way the very richest display their wealth is through charitable giving. Gifts in excess of $100 million are no longer rare, and in return for their mega-gifts, the biggest donors get their names on buildings, an astonishingly valuable benefit that the tax law ignores. The law makes no distinction between a gift of $100 and a gift of $100 million. This article argues that the tax law of charity should focus on the very rich and harness the culture of philanthropy among the elite. The law …

The Exemplary High School Principal: A Mixed Methods Study Of How Personal Motivation And Professional Core Values Influence The Practice, Priorities And Decisions Of Award-Winning School Leaders, Erin Luby

Dissertations

This study of award-winning high school principals was designed to distill lessons from highly effective school leaders. The research explored how personal motivation and professional core values influence the practice, priorities and decisions of exemplary principals. The research followed a sequential explanatory mixed methods design. Participants included school leaders across a 10-state region who won their State Principal of the Year award from 2007 to 2017. The first phase of data collection utilized a survey, and the second phase was comprised of semi-structured interviews.

Principals indicated they were motivated to become educators because of their desire to have a positive …

The Social Meaning Of The Tax Cuts And Jobs Act, Linda Sugin

Faculty Scholarship

This Essay exposes the moral messages implicit in the Tax Cuts and Jobs Act (TCJA). It argues that the legislation reflects values that were not openly debated or discussed in the legislative process, but are crucial to the distributional effects of the law. The TCJA reduces progressivity and increases deficits because it favors traditional families, prefers capital to labor income, treats people as detached from each other, makes charity the narrow concern of the rich, and privileges the acquisition of assets. Fairness in taxation depends on explicitly identifying social values that produce economic justice and purposely designing the law to …

Are You A H.E.R.O.?: A Mixed Methods Study Of The Relationship Between Illinois Principals' Psychological Capital And School Culture, Karen Marie Ritter

Dissertations

Psychological Capital, developed by Fred Luthans as a byproduct of the positive psychology movement, involve the study of how applied positive states, attributes, and behaviors can improve performance in the workplace. An organization's leader needs a proactive, positive approach that emphasizes hope, self-efficacy, resilience, and optimism to improve an organization's effectiveness (Luthans, 2002a). This study explored how a school principal's Psychological Capital influenced the school's culture, and the psychological states that best supported the school to flourish. A school leader is key in building a positive school culture, where administrators, staff, and students share a sense of purpose and commitment …

The Political Morality Of Convergence In Contract, Aditi Bagchi

Faculty Scholarship

One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This essay considers the wisdom of convergence on a single law of transactions from the perspective of philosophical contract theory. The essay proceeds by disaggregating the rights at stake in contract law. It characterises the formal right to contract and describes its …

Cities As A Source Of Consumers’ Financial Empowerment, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

A Taxonomy Of Striker Replacements, James J. Brudney

Faculty Scholarship

No abstract provided.

How Changing Generations . . . Change: Harnessing The Differences Between Generations And Their Approaches To Change, Bob Whitesel

Great Commission Research Journal

This article will compare and contrast two leadership change strategies as observed in older generations (influenced by modernity) and younger generations (influenced by postmodernity). It will be suggested that modernist leadership strategies may focus more on command-and-control and vision. It will be further suggested that postmodern leaders may employ a more collaborative and mission-centric approach to change leadership. This latter approach will be shown to have been described in postmodern circles by organic metaphors and four conditions as set forth by organizational theorist Mary Jo Hatch. Subsequently, it will be suggested that the style of leadership embraced should depend upon …

A Holistic Framework For Measurement Of Entrepreneurial Church Planting, Samuel Lee

Great Commission Research Journal

For too long in missions, financial stewardship (Business as Mission) or conversions (Tentmaking) has sufficed as a measuring tool for mission endeavors. However, Fresh Expressions of Church (FXC), such as a “café church,” have enlightened us to the need not only to be governed by the quantifiable elements of reconciliation or financial flourishing, but also to evaluate outcomes of transformation, i.e., to be accountable. The purpose of this article is to provide specific historical examples as a basis for Entrepreneurial Church Planting (ECP) and develop a systematic way to evaluate ECP through the creation of a holistic framework for metrics …

Emotional Relevance In Outreach Ministry, George Hunter

Great Commission Research Journal

In Western history, the Enlightenment sold the idea that humans are essentially rational creatures who need to graduate from their primal emotions. Leaders like Jonathan Edwards and John Wesley knew better, commending Christianity as a faith of “the heart” and leading a Great Awakening. Nineteenth century evangelical leaders, however, drank too much of the Enlightenment Kool-Aid and took an excessively left-brained approach to pre-Christian people. The religious tracts of the time expose this turn. This article invites church leaders to rediscover a more biblical (and Reformation) understanding of human nature and to pioneer in “emotionally relevant ministry” once again.