Digital Commons Network^™

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

Articles

It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …

Thrust Joint Manipulation To The Cervical Spine In Participants With A Primary Complaint Of Temporomandibular Disorder (Tmd): A Randomized Clinical Trial, Breanna C. Reynolds

Department of Physical Therapy Student Theses, Dissertations and Capstones

Background: Temporomandibular disorder (TMD) is a common and costly problem often leading to chronic pain. There exists moderate evidence for physical therapy (PT) interventions in the management of TMD. A known relationship between TMD and the cervical spine exists with some evidence to support cervical intervention treatments. Cervical spine thrust joint manipulation (TJM) is an effective PT intervention explored in a limited fashion for this population. Objectives: To determine the immediate and short term (1 and 4 week) effects of cervical TJM on pain, dysfunction, and perception of change in individuals with a primary complaint of TMD. Methods: In this …

Effects Of Generic Group-Based Versus Personalized Individual-Based Exercise Programs On Balance, Gait, And Functional Performance Of Older Adults With Mild Balance Dysfunction And Living In Residential Care Facilities - A Randomized Controlled Trial, Varatharajan Lingam

Department of Physical Therapy Student Theses, Dissertations and Capstones

Background and Purpose: To investigate the effect of an individualized exercise program versus a generic group-based exercise program on balance, gait, and functional performance of older adults categorized as having mild balance dysfunction and living in residential care facilities. Methods: Single blind randomized control design. One hundred-twenty residents fulfilled screening criteria for mild balance dysfunction based on the BioSwayTM balance and the Multi-Directional Reach Test (MDRT) primary outcome measures. Secondary assessment was completed using the Modified Physical Performance Test (PPT), hand-held dynamometer (lower-limb muscle strength testing), and gait speed analysis. Sixty subjects received individualized treatment from physical therapists (8 weeks). …

Mental Health Disorders In Dpt Students: Identifying Needs, Support Systems, & Challenges, Jennifer M. Bogardus

Department of Physical Therapy Student Theses, Dissertations and Capstones

Background: There is an increase in the incidence and severity of mental health disorders in university students. Doctor of Physical Therapy students are at increased risk due to physiological, environmental, and generational factors. Design: Mixed-Methods, multi-site, descriptive study Participants: Current DPT students (N= 1228 ) completed a survey and DASS-42; 20 students demonstrating moderate severity on the DASS participated in telephone interviews. Methods: Surveys were emailed to 238 DPT program directors with a request to forward to students. Following the survey, a total of 20 interviews were completed. Results: DPT students were found to have higher DASS scores than their …

Caring For Children With Severe Cerebral Palsy: The Lived Experience Of Parents, Jason Eric Cook

Department of Physical Therapy Student Theses, Dissertations and Capstones

The purpose of this study is to explore the lived experience of parents who care for their child withcerebral palsy who function at Gross Motor Function Classification System (GMFCS) Level V. Additionally, the study also explores the parent’s understandings and beliefs about pain and non-pain related emotional distress, and the meaning of caring, providing care, and providing comfort for their child with GMFCS Level V cerebral palsy. The study was conducted using a qualitative, hermeneutic phenomenology approach with semi-structured interviews and participant-initiated journaling. The study included 11 participants who are caregiving parents of their child with GMFCS Level V cerebral …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumersourced reputational information about products would increasingly replace topdown regulation Instead of protecting consumers through coercive laws reputational information gleaned from the wisdom of the crowd would guide consumer decision making There is now a growing pressure to deregulate in diverse fields such as contracts products liability consumer protection and occupational licensingbrbrThis Article presents a common failure mode of systems of reputation "Reputation Failure" By spotlighting the publicgood nature of reviews rankings and even gossip this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value As a result …

Evaluating The Knowledge And Attitudes Of Orthopedic Nurses Regarding The Use Of Sphm Algorithms As A Standard Of Care, Terry L. Doire

Student Theses, Dissertations and Capstones

Background: Healthcare workers are ranked among one of the top occupations for musculoskeletal disorder (MSD) injuries that affect the muscles, the bones, the nervous system and due to repetitive motion tasks (Centers for Disease Control and Prevention, 2017). Numerous high-risk patient handling tasks such as lifting, transferring, ambulating and repositioning of patients cause injuries that can be prevented when evidence-based solutions are used for safe patient handling and mobility (SPHM) tasks.

Purpose: The purpose of this quality improvement project was to evaluate the knowledge and attitudes of orthopedic nurses regarding the use of SPHM algorithms as the standard of care …

Factors Affecting The Outcome Of The National Council Licensure Examination Among Nontraditional Learners From Associate Degree Nursing Programs, Angela Cristina Gaud

Student Theses, Dissertations and Capstones

Background. The composition of student population in higher education is a reflection of a globalized society and current socioeconomic conditions. Characteristics of nontraditional adult learners have a significant impact in the achievement of their academic goals. A more diverse composition of students enrolled in nursing programs poses an important challenge to NCLEX-RN pass/fail outcomes. Studies that explore or predict the factors associated with NCLEX-RN performance amongst nontraditional adult learners after graduation are limited.

Purpose. This study analyzed how the demographic, social, and psychological factors observed in the characteristic profile of the nontraditional adult learner are related to NCLEX-RN performance for …

Grit Associated With New Graduate Registered Nurse Initial Competency, Joan Marie Kavanagh

Student Theses, Dissertations and Capstones

The delivery of highly reliable health care is in jeopardy as many new graduate registered nurses (NGRNs) enter clinical roles under-prepared for demands of professional practice. Identifying and addressing challenges to safe practice early in the onboarding process were paramount for patient safety at a large Midwestern healthcare system (HCS). Post-hire and pre-practice Performance Based Development System (PBDS) assessments were administered to more than 7,600 NGRNs between January 2011 and December 2018. Only 19% of NGRNs demonstrated entry-level competencies and practice readiness; 26% were unsafe for novice independent practice. Data analysis revealed no differences in competence ratings by nursing degree …

Handoff Communication Among Senior Nursing Students: A Phenomenological Study, Juanita Hanley-Gumbs

Student Theses, Dissertations and Capstones

Despite discussions in health care regarding poor communication and its link to patient safety, it was revealed in the literature that many student nurses are inadequately prepared to conduct handoff communication. Student nurses have difficulty in this area due to limited or no experience with the handoff process, which jeopardizes patient safety. The purpose of this research study was to understand how senior nursing students make meaning of their lived experiences with handoff communication. The guiding research question for this study is: How do senior nursing students make meaning of their lived experiences with handoff communication during the change-of-shift report …

Increasing Hospice Nurses’ Knowledge And Improving Attitudes On Pain Assessment In Dementia Patients, Lyn Marie Peugeot

Student Theses, Dissertations and Capstones

Background: Patients with dementia have difficulty articulating pain due to cognitive deficits incommunication, sensation, and overall physical decline due to the aging and disease process. Patients who have dementia are considered at-risk for uncontrolled pain due to under-assessment, under-treatment, or untreated pain. Current research notes gaps exist in pain assessment among nurses’ due to knowledgedeficits and attitudes on pain assessment for dementia patients. Barriers regarding the utilization of evidence-based behavioral pain assessment tools are related to nurses’ knowledge deficit and skills competency.

Purpose: The purpose of this evidence-based practice (EBP) project was to increase hospice nurses’ knowledge and improve attitudes …

Judicial Impartiality In An Empirical Era, Tigran W. Eldred

Faculty Scholarship

The psychological dimensions of judicial impartiality is a topic of considerable interest, with a growing body of scholarship focused on the reasons judges often are unable to perceive their own biases.¹ The attention is not on why judges intentionally downplay factors that can undermine their own objectivity, but rather on the empirical reasons that everyone, judges included, tend to be unaware of the impact of their own biases. This “bias blind spot,”² a product of a series of unconscious cognitive and motivational factors, is at the center of the discussion, with even the Supreme Court making passing reference …

Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi

Faculty Journal Articles and Book Chapters

The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 1.

Kkk In The Pd: White Supremacist Police And What To Do About It, Vida B. Johnson

Lewis & Clark Law Review

There is an epidemic of white supremacists in police departments. Police officers have been identified as members of white supremacist groups in Florida, Alabama and Louisiana. There have been scandals in over 100 different police departments, in over forty different states, in which individual police officers have sent overtly racist emails, texts, or made racist comments via social media. This is a nation-wide problem. It is one that is not limited to just beat officers; some of these shocking occurrences have even involved high-ranking members of their respective police forces. Although the F.B.I. warned of white supremacists infiltrating police departments …

Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin

Lewis & Clark Law Review

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …

Craft Beer And The Rising Tide Effect: An Empirical Study Of Sharing And Collaboration Among Seattle's Craft Breweries, Zahr K. Said

Lewis & Clark Law Review

This qualitative empirical research project studies Seattle’s craft brewing industry as a thriving entrepreneurial ecosystem that displays widespread collaboration and innovation. Drawing on data collected in 22 face-to-face formal interviews conducted with industry participants, the Article explores the community’s attitudes, practices, and norms with respect to collaboration and intellectual property (IP). It joins a growing body of qualitative empirical IP scholarship that maps misalignments between law and practice “on the ground,” seeking to offer a more accurate and pluralistic account of an innovative industry. The craft brewing community in Seattle cooperates extensively while continuing to compete actively for consumers. In …

The Filtration Problem In Copyright’S “Substantial Similarity” Infringement Test, Christopher Jon Sprigman, Samantha Fink Hedrick

Lewis & Clark Law Review

Copyright protects original artistic and literary expression. It does not protect ideas, facts, or other elements that may be found in artistic and literary works but which Section 102(b) of the Copyright Act, or the judge-made merger and scènes à faire doctrines, place outside the scope of copyright protection. The principle that copyright protects expression but not ideas is easy enough to articulate, but actually implementing it in copyright infringement litigation is considerably more difficult.

This Article focuses not on the theory of idea/expression boundary-setting, but on the mechanics. In particular, how can we make sure that the distinction between …

Mental Disability And The Executive: A Comparative Analysis Of The Separation Of Powers, Zachary Nelson

Lewis & Clark Law Review

The doctrine of Separation of Powers is integral to the United States’ constitutional system. To prevent tyranny, governmental power must be separated to ensure that no government institution nor official gains too much power. The U.S. Constitution was drafted with this central concern in mind. To achieve successful separation of powers, constitutions must make clear—or at least discernible—the boundaries and scope of each power. One of the most significant areas in which this clarity is required is in the election, maintenance, and removal of the country’s executive leadership.

For over 175 years, the U.S. Constitution lacked a procedure for removing …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 3.

Beyond Cannabis: Psychedelic Decriminalization And Social Justice, Dustin Marlan

Lewis & Clark Law Review

Psychedelics are powerful psychoactive substances that alter consciousness and brain function. Like cannabis, psychedelics have long been considered prohibited Schedule I substances under the Controlled Substances Act of 1970. However, via the powerful psychological experiences they induce, psychedelics are now being shown to be viable therapeutic alternatives in treating depression, substance use disorders, and other mental illnesses, and even to enhance the wellbeing of healthy individuals.

In May 2019, Denver, Colorado became the first city in the country to decriminalize psilocybin (the active compound in “magic mushrooms”)—a potential major shift in the War on Drugs. Ballot initiatives for the decriminalization …

Families In The Civil War, James Marten

History Faculty Research and Publications

No abstract provided.

There You Enjoy Life Here You Work- Brazilian And Dominican Immigrant Views On Work And Health In The Us, Cristina Brinkerhoff, Carlos Eduardo Siqueira, Rosalyn Negrón, Natalicia Tracy

Gastón Institute Publications

Abstract: Structural inequalities in the U.S. work environment place most immigrants in low paying, high-risk jobs. Understanding how work experiences and influence the health of different immigrant populations is essential to address disparities. This article explores how Brazilian and Dominican immigrants feel about their experiences working in the U.S. and how the relationship between work and culture might impact their health. In partnership with the Dominican Development Center and the Brazilian Worker Center, we held five cultural conversations (CCs) with Brazilians (n = 48) and five with Dominicans (n = 40). CCs are participatory, unstructured groups facilitated by representatives from …

"I Don't Know If I Have The Courage" Reproductive Choices In Times Of Zika, Ana Rosa Linde, Grace Furtado, Elisa Tristán-Cheever, Carlos Eduardo Siqueira

Gastón Institute Publications

In this transnational study, we aimed at providing insights into women's views and attitudes towards their reproductive rights during the Zika epidemic. Women of distinct nationalities and ethnicities were recruited from various locations in Brazil, Puerto Rico, and the United States. We conducted semistructured interviews that suggest that participants reproductive decisions were intimately related to personal convictions and cultural beliefs, and their actions and thoughts were embedded in their sociocultural norms. The majority of women interviewed communicated that it takes courage to make the extreme, emotional, and overwhelming decision to have an abortion. The findings of this study suggest that …

The Effect Of Training And Institutional Support On Title Ix Coordinators' Responses To Sexual Violence On College Campuses, Mercedes M. Pino

Theses and Dissertations

One out of five women in college are victims of sexual assault. The uptick in cases being brought before the US Department of Education for the mishandling of sexual assault cases on college campuses raises a question about the adequacy of the training and support being received by Title IX Coordinators. This study was designed to determine whether Title IX Coordinators are receiving adequate support and sufficient training necessary to adhere to the federal mandates regarding sexual assault on campus, as well as how the Title IX Coordinators’ years of experience relate to the challenges they face.

Using SurveyMonkey, a …

Bergson’S Philosophy Of Self-Overcoming, Messay Kebede

Books and Book Chapters by University of Dayton Faculty

This book proposes a new reading of Bergsonism based on the admission that time, conceived as duration, stretches instead of passes. This swelling time is full and so excludes the negative. Yet, swelling requires some resistance, but such that it is more of a stimulant than a contrariety. The notion of élan vital fulfills this requirement: it states the immanence of life to matter, thereby deriving the swelling from an internal effort and allowing its conceptualization as self-overcoming. With self-overcoming as the inner dynamics of reality, Bergson dismisses all forms of dualism and reductionist monism because both the absence of …

Beauty In Disability: An Aesthetics For Dance And For Life, Aili W. Bresnahan, Michael Deckard

Books and Book Chapters by University of Dayton Faculty

To what extent does dance contribute to an ideal of beauty that can enrich human quality of life? To what extent are standards of beauty predicated on an ideal human body that has no disability? In this chapter, we show how conceptions of proportionality, perfection, and ethereality from the Ancient Greeks through the 19th century can still be seen today in some kinds of dance, particularly in ballet. Disability studies and disability-inclusive dance companies, however, have started to change this. The disabled person can be beautiful, we will show, in dance and in life, under a disability aesthetics that follows …

The Association Between Increase In Maternal Education And Child Behavioral And Academic Outcomes: The Mediating Role Of The Home Learning Environment And Positive Parenting, Samantha R. Awada

Graduate Research Theses & Dissertations

Research on maternal educational attainment has shown associations between higher levels of maternal education and positive child outcomes, such as greater academic proficiency and fewer externalizing problems. Most studies examine maternal education as a stable construct, measuring it at one point in time; however, a sizeable minority of mothers pursue education after the birth of a child. As such, it is important to investigate whether an increase in maternal education is a protective or a risk factor for child outcomes. Further, few have explored the processes through which the association between increases in maternal education and child outcomes exist. The …

Psychological Reactance Applied To Instruction To Disregard, Jessica Louise Bozeman

Graduate Research Theses & Dissertations

This study applies theory of psychological reactance to instructions to disregard (ITD). When inadmissible testimony is made in front of jurors, a judge may issue an ITD that orders jurors to not consider the inadmissible evidence when making their verdicts. The theory of psychological reactance proposes that when a person’s choices are limited or their freedom is threatened, there will be a resulting attempt to regain or prioritize their freedom. Using a jury transcript study, the experiment has both a control condition including the evidence but without an ITD and a condition where the ITD is included. Results showed that …

From Tony Soprano To Donald Trump: Situating The Rhetoric Of The 2016 Trump Presidential Campaign In The Antihero Genre, Harry Bodell

Graduate Research Theses & Dissertations

In the wake of Donald Trump’s stunning victory over Hillary Clinton in the 2016 U.S. presidential election, scholars and political pundits alike were left scrambling to understand what had occurred. While there is no single explanation for this unexpected turn of events, the present study argues that an overlooked and central aspect of Trump’s appeal was foreshadowed by the increased prominence of antihero protagonists in American media, particularly exemplified by the recent “Golden Age” of television wherein television series like The Sopranos, Breaking Bad, Mad Men and Dexter found critical and popular success by building compelling narratives around morally flawed …