Digital Commons Network^™

The Well-Intentioned Purpose But Weak Epistemological Foundation Of Originalism, George C. Christie

Faculty Scholarship

The attraction of an originalist approach to constitutional interpretation is understandable. It is maintained that only that method can provide the judicial objectivity and certainty that constitutional adjudication requires. They claim that the traditional common-law evolutionary approach leads Supreme Court Justices to succumb to the temptation to fill in gaps in constitutional law and thereby ignore that major expansions in constitutional meaning and should be made in the way the Founders envisioned, namely by amendment of the Constitution. However difficult or impractical that process may be, it is the only way to avoid the politicization of the Court. Whether that …

Stevens, J., Dissenting: The Legacy Of Heller, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Chris Dove, Ernest A. Young

Faculty Scholarship

No abstract provided.

Sports In The Courts: The Ncaa And The Future Of Intercollegiate Revenue Sports, Paul H. Haagen

Faculty Scholarship

No abstract provided.

Global Networks And The Legal Profession, Laurel S. Terry

Faculty Scholarly Works

The importance of networks and the power of exponential growth within networks have become much more apparent to the world as a result of the COVID-19 pandemic. This Article addresses the topic of global legal profession networks. The introductory section provides information about our global economy and society that helps explain why global legal profession networks are valuable. It argues that global networks are beneficial for clients, lawyers, and other legal services stakeholders.

After introducing some of the scientific literature about networks in general and legal profession networks specifically, Section II identifies ways in which lawyers participate in global legal …

Etsu Health Annual Report - 2019, 2019

ETSU Health Annual Reports

No abstract provided.

Fictionalist Truth Conditions For An Expressivist Semantics Of Slurs, Celine J. Geday

Electronic Theses and Dissertations

There are broadly two kinds of accounts of slurs: ones that place the derogation in the content of what is said or some concept associated with the words themselves or those that argue derogation takes places in the expression of some state of the slur-user – that derogation is part of the use of the slurring words. In this paper I argue that an expressivist account of slurs can be combined with a semantic account in which the truth conditions of the semantic account are fictional.

Classification As Catachresis: Double Binds Of Representing Difference With Semiotic Infrastructure, Lindsay Poirier

Statistical and Data Sciences: Faculty Publications

Background; This article explores the results of a three-year ethnographic study of how semiotic infrastructures-or digital standards and frameworks such as taxonomies, schemas, and ontologies that encode the meaning of data-are designed. Analysis: It examines debates over best practices in semiotic infrastructure design, such as how much complexity adopted languages should characterize versus how restrictive they should be. It also discusses political and pragmatic considerations that impact what and how information is represented in an information system. Conclusion and implications: This article suggests that all databased representations are forms of data power, and that examining semiotic infrastructure design provides insight …

Talkin' Black: African American English Usage In Professional African American Athletes, Kaela Fong

Scripps Senior Theses

Sports play an important role in the culture of the United States as does language, so the choice to use non-Standard dialects in a nation that privileges the Standard and negatively judges dialectical differences, especially those spoken by mostly people of color, is not undertaken lightly. Because of this privileging of Standard American English, it is assumed that only professional African American athletes are allowed to keep their native dialect if it is African American English (AAE) and still be successful. However, this is complicated by the historical and present increased criticisms women face in both sport and language. To …

Attending To The Not-So-Little "Little Things": Practicing Trauma-Informed Pediatric Health Care, Aimee K. Hildenbrand, Scottie B. Day, Meghan L. Marsac

Pediatrics Faculty Publications

No abstract provided.

Listeners' Choices, James Grimmelmann

Cornell Law Faculty Publications

Speech is a matching problem. Speakers choose listeners, and listeners choose speakers. When their choices conflict, law often decides who speaks to whom. The pattern is clear: First Amendment doctrine consistently honors listeners' choices for speech. When willing and unwilling listeners' choices conflict, willing listeners win. And when competing speakers' choices conflict, listeners' choices break the tie. This Essay provides a theoretical framework for analyzing speech problems in terms of speakers' and listeners' choices, an argument for the centrality of listener choice to any coherent theory of free speech, and supporting examples from First Amendment caselaw.

A Correlational Study To Examine The Relationships Between The Workplace Big Five Personality Profile And The Leading Managers 360 Assessment Of Senior And Mid-Level Managers, Maurice A. Ferrell

Dissertations

Much has been said about personality and leadership. Leadership was initially attributed to leaders only having certain traits and attributes (Nock, 1940). In the early 20th century, leadership traits were studied to determine what made certain people great leaders. The Great Man Theory of Leadership, which was introduced during this time period, suggested that leaders were born and not made. It was these unique physical traits and attributes that were credited with making great leaders. Herbert Spencer, a noted philosopher, sociologist, biologist and political theorist of the Victorian era, countered that the Great Man Theory was childish, primitive and unscientific. …

Analyzing Disaster-Related Twitter Data And Identifying Panic Triggers For Cyber Disruption Prevention And Emergency Response Enhancement, Nasser A. Assery

Dissertations

Twitter has emerged rapidly as an ideal platform for news updates especially during natural disasters. During disasters, people exchange endless amount of information on Twitter. This information may include warnings, evacuation orders, updates etc. Making sense of this information is challenging due to the limitations of available tools to analyze high-volume data. There have been studies done to make use of twitter data as it contains valuable information that has the potential to help improve the efficiency of disaster response. This research presents a framework to extract, automatically label, and classify tweets from two recent disaster events in order to …

Building An Automated Q-A System Using Online Forums As Knowledge Bases, Kyle Moore

Electronic Theses and Dissertations

Question-Answer systems traditionally use expensive and difficult to produce structured knowledge bases. Recent systems have used unstructured natural language sources as their datasets, but most of those sources have been overly broad or difficult to extend. Online forums are a largely untapped source of information that can provide both depth and breadth when limited to a specific domain, as well as being adaptive to the introduction of new information. In this paper, I conjecture that online forums can be similarly and effectively used as an unstructured knowledge base for Question-Answer systems. I use a relatively simple summarization-based approach to analyze …

Teaching Kids To Say "Ew!": Parent-Child Disgust Transmission, Brooklee Lightsey Tynes

Electronic Theses and Dissertations

Disgust is one of the six basic emotions but research suggests it is far more complex. As individuals respond to stimuli in different manners this suggests the emotion and its development may be shaped through learning principles and cultural practices (Rozin Lowery & Ebert 1994). It is imperative to understand how children’s disgust responses are shaped though observation classical and operant conditioning demonstrated by their primary caregivers. The current study examined the transmission of the emotion of disgust from primary caregivers to their children. Participants were 17 children (55.6% female) and one of their parents in Mississippi and Nebraska. The …

A Corpus-Based Study On The Portuguese Translations Of English Adversative Coordinating Conjunctions And Adverbs In News Texts, Marcella Cerqueira Cascione Cerqueira Netto

Electronic Theses and Dissertations

The present study examines how adversative coordinating conjunctions and conjunctive adverbs are translated from English into Brazilian Portuguese through a parallel corpus built specifically for this research. The corpus is composed of 59 news articles extracted from the online versions of the British magazine The Economist and the Brazilian newspaper O Estado de São Paulo. While the former contains the original source texts, the latter consists of their respective translations. This research aims to verify if the translations of the adversative coordinating conjunctions and adverbs provided by four online bilingual dictionaries are the same or different from the ones …

Supporting Ell Secondary Students At International Schools In Asia, Richard Earl Poulin Iii

All Electronic Theses and Dissertations

This literature review explores how to adequately support newly admitted secondary school English Language Learners (ELLs) attending an international school in Asia. Research suggests that learning English as a teen is more difficult and growth is slower when students are not immersed in English at a younger age. In many situations, students must be able to succeed within a classroom where the primary language of instruction is English while residing in a country where English is not the official language. Also, students must be able to collaborate with other students in the class who are native English speakers, fully bilingual, …

Cooperative Learning As An Instructional Approach For Promoting Language Achievement In English Language Learners, Brittany Marie Rechtin

All Electronic Theses and Dissertations

This research investigates the effectiveness of Cooperative Learning (CL) on the language achievement of English Language Learners (ELLs) by comparing it to traditional, individualistic and/or competitive approaches to learning. It also aims to identify the characteristics of effective CL methods. The research found that CL positively impacts language achievement across various dimensions of language, countries, and grade levels. Eight CL methods were identified as being the most empirically validated, all of which were found to have a positive impact on student achievement. Also identified were certain characteristics that could improve a CL method’s efficacy. These characteristics were using CL methods …

Does Early Screening Predict Special Education Placement By Age Five?, Samuel Josef Friedman

PCOM Psychology Dissertations

The Early Screening Inventory-Revised is an early childhood assessment used to screen three and four-year-olds entering preschool. This screener assesses basic skills and one’s level of functioning as he or she begins to learn in an academic environment. The purpose of this screener is to alert the school district about students who may struggle academically in a school- based setting. Based on the results of the assessment, students can receive academic or behavioral support from the school if the teacher and parents of the child deem the support necessary. Students who receive support from the school may or may not …

How African American Men From Challenging Backgrounds Beat The Odds And Graduated From College, Valisha Terry

PCOM Psychology Dissertations

While Bettis and Sternod (2009) asserted the notion of boys being in crisis as not a new phenomenon but a historically cyclical one, present research contends that African American men are one of the most at-risk groups in the United States. School and criminal-justice systems show similar results. African American men continue to lag in terms of graduation rates and college enrollment, while being overrepresented in victim violence and the criminal justice system. They also lead the nation in homicides as both victims and perpetrators. Despite these obstacles, many at-risk African American men graduate from college and excel in life. …

Improving Access To Antenatal Care In Ngara, Tanzania Through Implementation Of The Lady Health Worker Programme, Alison L. Bailey

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Maternal mortality is one of the greatest health disparities facing the world today. A disproportionate number of women who die from pregnancy-related complications live in developing countries: the average maternal mortality in developed nations is 12/100,000, compared to 239/100,000 in developing nations; this rate is even higher in several sub-Saharan African nations. Reasons for this disparity include a lack of providers, inaccessibility to care, and poor quality of treatment in developing nations. Women living in the sub-Saharan country of Tanzania face many of these barriers, and as a result the country’s maternal mortality rate is 398/100,000. Antenatal care is an …

Women Identifying New Goals Of Safety (Wings) In Conflict Affected Regions Of Ukraine, Maryna Hrudii

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

According to Radio’s Liberty (Radiosvoboda) analyses of data provided by United Nations Population Fund (UNFPA), the National Violence Hotline and the Geneva Center of Democratic Control of Armed Forces (DCAF), there were 1.85 million survivors of intimate partner violence (IPV) in Ukraine in 2014-2017, and of these, only 83,000 contacted the police. IPV and gender based violence (GBV) in Ukraine remain underreported due to the lack of law enforcement investigations, as well as due to stigma and shame. Women in conflict-ridden regions of Ukraine are at heightened risk for GBV/IPV. The project will IPV/GBV in Luhansk and Donetsk regions, where …

Central Florida School Districts' Responses To Hispanic Growth, 1980-2010, Kendra Hazen

Electronic Theses and Dissertations

Since the 1980s, Hispanics have been the fastest growing minority in the United States and have been moving into rural, Southern areas where there have previously not been populations of Hispanics. Studies of these demographic changes have concentrated on how communities impacted by the influx of Hispanics have created or adjusted socioeconomic and political infrastructures to accommodate the linguistic and cultural needs of the Hispanic population. The public-school system is a sociopolitical structure that has affected and has been affected by the increase in Hispanics. Whereas the modern Civil Rights movement had created legal precedence for students' language rights and …

Student Participation In School Sponsored Extra-Curricular Activities At The Elementary School Level And The Impact Of Student Engagement, Kirsten D. Myers

PCOM Psychology Dissertations

Getting students involved in their day to day educational processes is often challenging and, in some schools, systems appear almost unrealistic. Students in school do not often see the value of or make the connection with the importance of education. Students see movie stars such as Jennifer Lawrence drop out of school at fourteen, singers, rappers and others in the entertainment industry who are successful and make millions without an education. The potential of a YouTube posting, turning someone into a star looms in their imaginations and they think it could happen to them. Students today are even more enticed …

A Survey Of Teacher Receptiveness Regarding Inclusive Education Within A New Jersey Urban School District, Tammy Hobbs-Ginsberg

PCOM Psychology Dissertations

The inclusion model is being implemented on a national scale in response to the United States Department of Education’s mandate that all pupils with special needs be integrated into the general education classroom. For the inclusion model to yield adequate yearly progress for all pupils, it must be appropriately applied. Research has indicated that an important factor in adequate implementation is an understanding of teachers’ initial attitudes concerning inclusion. The propose of this study is to survey the receptiveness of kindergarten through high school special and general education teachers in an urban New Jersey school district concerning inclusion. More specifically, …

Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen E. Henderson

Faculty Articles and Papers

No abstract provided.

Does Justice Have A Syntax?, Steven L. Winter

Journal of Legal Education

No abstract provided.

Transnationality And Teacher Educator Identity Development: A Collaborative Autoethnographic Study, Wei Liao, Jihea Maddamsetti

Teaching & Learning Faculty Publications

Transnational teacher educators, who cross national, social, and cultural boundaries to prepare teachers, play a vital role in nurturing teachers’ awareness and appreciation of learner diversity. However, transnational teacher educators tend to encounter tremendous challenges in developing their professional identities. To date, though many studies have investigated how teachers and teacher educators in general develop their professional identities, scant attention has been paid to that complex process of “transnational” teacher educators. To begin to close this research gap, this collaborative autoethnographic study examines how we develop our teacher educator identities through teaching a diversity course in the United States as …

Treatment Of Auditory Processing In Noise In Individuals With Mild Aphasia: Pilot Study, Anastasia M. Raymer, Hilary M. Sandberg, Kathryn S. Schwartz, Ginger S. Watson, Stacie I. Ringleb

Communication Disorders & Special Education Faculty Publications

Purpose: Listening in noise challenges listeners with auditory comprehension impairments in aphasia. We examined the effects of Trivia Game, a computerized program with questions spoken in increasing levels of background noise with success in the game.

Methods: We piloted Trivia Game in four individuals with chronic aphasia and mild auditory comprehension impairments. Participants played Trivia Game for 12 twenty-minute sessions. In addition to the Western Aphasia Battery (WAB), we measured outcomes on Quick Speech in Noise (QSIN), a sentence repetition test, administered in auditory (AUD) and auditory+visual (AV) conditions as signal-to-noise ratio varied from 25 to 0 dB.

Results: All …

Memories Of The Teacher: A Reflection Of Enduring Ideals, Katherine Cooke

CGU Theses & Dissertations

In order to educate my students in my first year of teaching, I embarked upon a research project that would allow me to get to know their strengths and needs in addition to identifying my own possible biases and pre-conceived educational ideas. My research spreads from my own life to the lives of three focus students from various populations: one English learner, one student who receives special education services, and one student who has had significant life experiences that might contribute to his academic work. I interviewed all three students and their families to develop an action plan to help …