Digital Commons Network^™

The Challenge Of The New Preemption, Richard Briffault

Faculty Scholarship

The past decade has witnessed the emergence and rapid spread of a new and aggressive form of state preemption of local government action across a wide range of subjects, including among others firearms, workplace conditions, sanctuary cities, antidiscrimination laws, and environmental and public health regulation. Particularly striking are punitive measures that do not just preempt local measures but also hit local officials or governments with criminal or civil fines, state aid cutoffs, or liability for damages, as well as broad preemption proposals that would virtually end local initiative over a wide range of subjects. The rise of the new preemption …

Assessing The Efficacy Of The Cfpb's Regulation Of Student Loan Companies, Ian E. Calhoun

Georgia Law Review

Outstanding student loan balances totaled over
$1.38 trillion as of December 31, 2017 with 11% of
student loan debt over ninety days delinquent or in
default. Due to half of all student loans being in
deferment, grace periods, or forbearance, the actual
delinquency rate is likely double the above figure.
Delinquent student borrowers enrolled in some form of
college education expect to improve their financial
position. Instead, many find themselves unable to break
even under the weight of large amounts of debt with
confusing, and often misleading, repayment plans.
Many blame the lending practices of student loan
providers and servicers …

Talk Isn't Cheap: Protecting Freedom Of Speech In Light Of Georgia's Anti-Boycott Legislation, Maria Kachniarz

Georgia Law Review

Historically,political boycotts have occupied a central
place in American tradition, going as far back as the
Founding. However, the years of 2016 and 2017 have
marked a sudden influx of state anti-boycott legislation.
Georgia was no exception, passing a statute in 2016
prohibiting those who boycott Israel from contracting
with the state. This statue violates the FirstAmendment
guaranteesof freedom of speech. First, boycotts of Israel,
or BDS as they are collectively called, are protected
political speech. The Supreme Court has repeatedly
protected politically motivated boycotts, despite their
detrimental economic effects. Further, Georgia's anti-
boycott legislation impermissibly stifles that protected
speech …

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 …

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 …

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 …

'Try To Be As Brave’: Cross-Continental Comparisons Of Great Warpoetry, Robert S. Means

Faculty Publications

English poetry of the Great War is famous for its (sometimes naive) patriotism, its black humor and satire, and its ability to paint the ugly reality of twentieth-century war in a way that has haunted readers and influenced subsequent writers ever since. The poet and memoirist Robert Graves (1895–1985) wrote a revealing poem in 1918 that summed up his war poetry and his war experience. “The Patchwork Quilt” combines curious images of domesticity and femininity—“patterned silks and old brocade / Small faded rages in memory rich,” curious, because they’re not the images you’d expect in (especially male) “war poetry”—with the …

Training Games: An Application Of Game Theory To Clinical Psychology Graduate Training, Benjamin David Cornell

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Contents

Groundwork - 4

Game Theory - 4

Game Theory and the System of Clinical Psychology Graduate Training - 6

Psychological Payouts, Reconciling Game Theory and Clinical Psychology - 8

Games in the Training of Psychotherapists - 15

Prisoners’ Dilemmas, Internship and Graduate Applicant Selection - 15

The Strategic Implications of Learning, Nash Equilibria - 21

Commitment Moves, “The Frame,” Psychotherapy, Supervision - 24

Mechanism Design, The Match - 27

Intra-systemic Conflict, Program Design - 30

Conclusion - 34

Works Cited - 36

Dissenting Opinions In The Wto Appellate Body: Drivers Of Their Issuance & Implications For The Institutional Jurisprudence, Petros C. Mavroidis, Evan Y. Kim

Faculty Scholarship

The Appellate Body (AB) of the WTO has issued over 140 reports but only eight separate opinions, four of which are genuinely dissenting. Such paucity, in fact, is the WTO’s implicit tradition inherited from GATT of prioritizing unanimous decisions, hoping they solidify the institution’s legitimacy and countries’ confidence in the system. But at the more individual level, an AB member’s decision to dissent is driven by multiple factors that have implications for the institution’s jurisprudence. First, the factors explain how the symbiotic relationship between an AB member and his or her nominating country – whose interests turn out to be …

The Middleman’S Damages Revisited, Victor P. Goldberg

Faculty Scholarship

If A promises to sell to B who, in turn, promises to sell to C and either A or C breaches should B receive the gain it expected had both transactions occurred (lost profits) or the larger market/contract differential? Recent case law and commentary argues for the lost profit remedy. The argument is that there is a conflict between awarding market damages and making the nonbreacher whole. This paper argues that there is no conflict. If B were a broker, and C breached, then A would have an action against C for market damages. If B were party to the …

Why Autonomy Must Be Contract's Ultimate Value, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

In “The Choice Theory of Contracts”, we develop a liberal theory of contract law. One core task of the book was to persuade advocates of economic analysis that they must situate their enterprise within our liberal framework. Autonomy, rightly understood, is the telos of contract.

Oren Bar-Gill pushes back strongly in “Choice Theory and the Economic Analysis of Contracts”. He offers a penetrating – perhaps devastating – critique of our approach. Bar-Gill notes the substantial convergence between choice theory and a welfarist view. If he is right, then what does choice theory add?

Our task in Part I of this …

Speech Adaptation To Kinematic Recording Sensors: Perceptual And Acoustic Findings, Christopher Dromey, Elise Hunter, Shawn L. Nissen

Faculty Publications

Purpose

This study used perceptual and acoustic measures to examine the time course of speech adaptation after the attachment of electromagnetic sensor coils to the tongue, lips, and jaw.

Method

Twenty native English speakers read aloud stimulus sentences before the attachment of the sensors, immediately after attachment, and again 5, 10, 15, and 20 min later. They read aloud continuously between recordings to encourage adaptation. Sentence recordings were perceptually evaluated by 20 native English listeners, who rated 150 stimuli (which included 31 samples that were repeated to assess rater reliability) using a visual analog scale with the end points labeled …

Critique & Praxis: A Pure Theory Of Illusions, Values, And Tactics, And An Answer To The Question: "What Is To Be Done?", Bernard E. Harcourt

Faculty Scholarship

We are going through an unprecedented period of political instability. With the rise of the alt-right and of xenophobic sentiment, and the fallout of neoliberal government policies, our political future is at stake. These times call for the type of critical theory and praxis that gave rise to the Frankfurt School in the 1920s and to the critical ferment of the 1970s. Yet, in the face of our crises today, contemporary critical theory seems disarmed.

Critical theory is in disarray because of a wave of anti-foundational challenges in the 1960s that shattered the epistemological foundations of the Frankfurt School. The …

Improved Knowledge Following An Interprofessional Interpreter-Use Training, Celia Pechak, Connie Summers, Joanna Velasco

Faculty Publications

INTRODUCTION: Language barriers between patients and their healthcare providers are associated with negative outcomes. One approach to bridge language discordance is to offer interpreter-use training. This study’s purpose was to evaluate the effects of an interprofessional interpreter-use training on speech-language pathology (SLP), doctor of physical therapy (DPT), and master of occupational therapy (MOT) students. METHODS: Seventy-one students (18 SLP, 32 DPT, and 21 MOT) participated. Participants first completed an online module and then participated in a 3-hour interprofessional training consisting of lecture, role-play, and reflection. Each completed an interpreter-use knowledge assessment and the Readiness for Interprofessional Learning Scale (RIPLS) before …

Evidence-Based Clinical Decision Making For Bilingual Children With Autism Spectrum Disorders: A Guide For Clinicians, Vanesa Smith, Connie Summers, Vannesa Mueller, Alejandra Carillo, Gabriela Villaneda

Faculty Publications

Speech-language pathologists (SLPs) are treating an increasing number of bilingual clients, including those diagnosed with autism spectrum disorders (ASDs). There is not a clear consensus among professionals regarding which language should be used in intervention when treating bilingual children with ASD. For this reason, it is imperative that SLPs ensure that they are making evidence-based decisions. This article will review the current research that examines bilingualism in children with ASD along with research focused on the language of intervention in bilingual children with ASD. We present a clinical scenario with common concerns presented to SLPs in their work settings and …

Gvsu Undergraduate And Graduate Catalog, 2018-2019, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2018-2019 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Motivational Partnerships: Increasing Esl Student Self-Efficacy, Norman W. Evans, Paul N. Cave, Dan P. Dewey, K. James Hartshorn

Faculty Publications

The present study investigated the relationship between student use of self-efficacy-building strategies through motivational partnerships and student levels of self-efficacy and motivation in an adult intensive English programme in the United States. The extent to which self-efficacy influenced motivation was also examined. After being organized into these partnerships and receiving self-efficacy-building strategy training from the participating teacher, 16 ESL students had their pre- and post-levels of self-efficacy and motivation measured. Additionally, students discussed the effectiveness of the partnerships on their learning experience. Results show significant correlations between student use of self-efficacy-building strategies and improvement in both their self-efficacy and motivation. …

Sense Relations And Sensory Clustering In Pastaza Quichua Ideophones, Janis B. Nuckolls

Faculty Publications

Ideophones are sound-imitative words that simulate senses, perceptions, and emotions. Using archived, audiovisual data consisiting of over 500 ideophones utterances from the Pastaza Quichua language of Amazonia Ecuador acquired over the last 6 years of fieldwork, I argue that although ideophone semantics have been charatierized as highly specific, semantic generalization and structred semantic realtions such as a synonymy, antonymy and homonymy may be found when a sizable corpus is available. Semantic regualrity and stucture are hypothesized to be linked with a senory clustering effect whereby more sensory modalities encoded within an ideophone generate more possibilited for sense relations and semantic …

Good, Better, Best: English Language Development Practices In Graduate Business Programs, K. James Hartshorn, Maureen Snow Andrade, Norman W. Evans, Shaylana Davis

Faculty Publications

Business is the top field of study for international students in the United States, the United Kingdom, Canada, and Australia. Yet, evidence suggests that not all international students who speak English as a second language are adequately equipped with the language skills they need to succeed. At the same time, the number of international students seeking business training in English-medium universities continues to rise. Thus, this study sought to fill an increasingly important gap in the literature by examining the strategies, innovations, challenges, and outcomes for U.S. schools of business who admit large concentrations of international ESL students at the …

Climate Change And Human Trafficking After The Paris Agreement, Michael Gerrard

Faculty Scholarship

At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of …

Improve Organizational Commitment By Leading Like A Therapist, Anna A. Gibson

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The 21st-century workplace underemphasizes the importance of relational leadership, at the expense of the bottom line. Although there is a plethora of both popular and academic literature on the importance of good leadership in the workplace, relational leadership techniques have been misunderstood and underutilized. Dynamic psychology theories that emphasize the importance of relationships—such as self psychology—can be used to produce organizational results.

Hiding In Plain Site: Late Fremont Villages In The Uinta Basin, James R. Allison

Faculty Publications

Syntheses of Fremont archaeology in the Uinta Basin of eastern Utah typically emphasize the small and ephemeral nature of Fremont settlements there. Many archaeologists have also argued that much of the Uinta Basin was abandoned by A.D. 1050. It is true that there are many small Fremont sites in the Uinta Basin, and that most of these sites predate 1050. But several large sites have been excavated in the Basin that appear to be villages, some of which appear to date after the supposed abandonment. These have not been emphasized in the syntheses because they are either poorly described or …

Embedded Procurement And Exchange: Obsidian From Wolf Village Utah, Jacob Jepsen, James R. Allison, Jeffrey R. Ferguson

Faculty Publications

XRF analysis of more than 1500 pieces of obsidian from Wolf Village (42UT273) in the Utah Valley, Utah, shows that the obsidian originated from areas as far north as Bear Gulch, Idaho and as far south as the Mineral Mountains in southern Utah. Most of the obsidian, however, came from two Utah sources: Black Rock, which is 130 km southwest of the site, and Topaz Mountain, about 100 km to the west. The presence or absence of cortex, and the shape of pieces with cortex, shows that procurement was different for the two sources. Cortex on Topaz Mountain artifacts is …

We Honor Pioneers (The School And Primary Songster, 1889), Evan Stephens , Music, Myrna J. Layton , Lyrics

Faculty Publications

We honor pioneers Following the prophet dear. Young and old pioneers, Loving God and facing fear.

Aerial Imaging Using Uavs (Drones) In Chihuahua And Nayarit, Mexico, To Map And Archive Archaeological Sites, Michael T. Searcy, Scott Ure, Michael Mathiowetz, Haylie Ferguson, Jaclyn Eckersley, Mauricio Garduno Ambriz, Jose Carlos Beltran Medina, Jorge Morales Monroy

Faculty Publications

In 2017, we used UAVs (drones) to record eight archaeological sites from the air. As this type of technology becomes more refined, we have found that it is especially useful in carrying out three specific tasks: contour mapping, archiving site conditions, and identifying architecture. This paper reports our findings resulting from aerial images captured while flying archaeological sites in Nayarit and Chihuahua, Mexico.

Examining Engineering Design Cognition With Respect To Student Experience And Performance, Greg J. Strimel, Eunhye Kim, Scott R. Bartholomew, Diana V. Cantu

Faculty Publications

This study investigated the design cognition and performance results of secondary and post-secondary engineering students while engaged in an engineering design task. Relationships between prototype performance and design cognition were highlighted to investigate potential links between cognitive processes and success on engineering design problems. Concurrent think-aloud protocols were collected from eight secondary and 12 post-secondary engineering students working individually to design, make, and evaluate a solution prototype to an engineering design task. The collected protocols were segmented and coded using a pre-established coding scheme. The results were then analyzed to compare the two participant groups and determine the relationships between …

Adaptive Comparative Judgment For Polytechnic Transformation: Assessment Across The Curriculum, Scott R. Bartholomew, P. E. Connolly

Faculty Publications

The authors are investigating potential applications of adaptive comparative judgment (ACJ) across numerous environments and learning scenarios within the Purdue Polytechnic Institute as part of Purdue’s efforts to transform the undergraduate learning experience. Six courses or program areas were selected for the study, involving a wide variation in subjects, subject matter, and assessment artifacts. The authors anticipate that positive results from these pilot studies will encourage broader and deeper applications of ACJ in the Purdue Polytechnic, across Purdue University, and in other academic institutions. Results from these scenarios will be disseminated in future conferences and scholarly journals.

A Comparison Of Traditional And Adaptive Comparative Judgment Assessment Techniques For Freshmen Engineering Design Projects, Scott R. Bartholomew, Greg J. Strimel, Andrew Jackson

Faculty Publications

This article examines the use of an alternative form of assessment for engineering design projects called adaptive comparative judgment (ACJ). The researchers employed an ACJ tool to evaluate undergraduate engineering student design projects in an effort to examine its’ reliability, validity, and utility in comparison with traditional assessment techniques. The ACJ process employed multiple judges to compare the design artifacts of 16 first-year engineering majors. The authors conducted an analysis of the reliability and validity of the ACJ method compared to the traditional rubric used to evaluate the project and the performance data of each student’s design prototype. For these …

The Abinadi Narrative, Redemption, And The Struggle For Nephite Identity, Dan Belnap, Daniel L. Belnap

Faculty Publications

Though there is no question that the Book of Mormon’s primary purpose is to impart an understanding of the gospel of Jesus Christ, this message is generally embedded by its editors and authors in very distinct historical and political settings. This is particularly true of Mormon, who often crafted his narratives so that a given prophetic ministry intersected and interacted with the sociopolitical concerns of the contemporary Nephite population. One such concern emerging again and again in Nephite history was their identity or relationship as Israel. This question lay at the heart of a number of social and religious movements …

Reckoning Contract Damages: Valuation Of The Contract As An Asset, Victor P. Goldberg

Faculty Scholarship

When a contract is breached the law in most jurisdictions provides some version of the aphorism that the non-breaching party should be made whole. Application of the aphorism has proven problematic, particularly for anticipatory repudiations. This paper argues for a general principle that should guide application – the contract is an asset and the problem is one of valuation of the change in value of that asset at the time of the breach. This provides a framework that will help clear up some conceptual problems in damage assessment. The focus is on direct damages, not consequential damages.

The paper begins …