Digital Commons Network^™

Injunctive Relief, Norman Siebrasse, Rafal Sikorski, Jorge L. Contreras, Thomas F. Cotter, John M. Golden, Sang Jo Jong, Brian J. Love, David O. Taylor

Faculty Journal Articles and Book Chapters

Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which the patentee is willing to license an invention to an accused infringer for an agreed price, the indirect monetary value of an injunction against future infringement can dwarf the amount a finder of fact is likely to award as compensation for past infringement. In some of these cases, an injunction, if granted, would impose costs …

A Qualitative Study Of Common Faculty Perceptions Of Online Healthcare Graduate Students’ Writing Challenges, Latazia Stuart

Theses and Dissertations

This applied dissertation was designed to understand and explore common faculty perceptions of why some faculty engage their online healthcare graduate students who are deficient in writing skills to improve and what interventions they used. This study utilized a case study qualitative approach to collect and analyze the data. This study explored online faculty perceptions of online graduate healthcare students writing deficiencies, exploring how they defined it, what beliefs and motivations underlie their decision to engage these students in the improvement of their writing skills, and what interventions they used to address this problem in an online learning environment.

The …

Grado De Satisfacción De Estudiantes Con El Uso De Simulaciones Clínicas Y Su Percepción Sobre El Aprendizaje Logrado En Una Universidad Al Norte De Puerto Rico, Mónica Cerejido Ruiz

Theses and Dissertations

Esta investigación fue diseñada para medir el grado de satisfacción de estudiantes con el uso de simulaciones clínicas en una universidad al norte de Puerto Rico. Esta universidad adquirió dos tipos de simulaciones para los programas que ofrece de Sonografía Médica y Tecnología Radiológica. Sin embargo, hasta el momento que se hizo la investigación, no se conocía la opinión de los estudiantes usuarios sobre la utilización de estas tecnologías de enseñanza. El marco teórico de esta investigación fue la Teoría del aprendizaje experiencial de Kolb (1984) y la teoría de la Difusión de Innovaciones de Rogers (1983). Se plantearon tres …

A Black Box For Patient Safety?, Nathan Cortez

Faculty Journal Articles and Book Chapters

Technology now makes it possible to record surgical procedures with striking granularity. And new methods of artificial intelligence (A.I.) and machine learning allow data from surgeries to be used to identify and predict errors. These technologies are now being deployed, on a research basis, in hospitals around the world, including in U.S. hospitals. This Article evaluates whether such recordings – and whether subsequent software analyses of such recordings – are discoverable and admissible in U.S. courts in medical malpractice actions. I then argue for reformulating traditional "information policy" to accommodate the use of these new technologies without losing sight of …

Prosecuting In The Shadow Of The Jury, Anna Offit

Faculty Journal Articles and Book Chapters

This article offers an unprecedented empirical window into prosecutorial discretion drawing on long-term participatory research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make common sense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, …

Information Mischief Under The Trump Administration, Nathan Cortez

Faculty Journal Articles and Book Chapters

The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.

Gamble, Dual Sovereignty, And Due Process, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

The Constitution’s Double Jeopardy Clause is an analytically gnarly beast. What seems like a fairly straightforward prohibition on multiple prosecutions for the same crime turns out to be a bramble bush of doctrinal twists and snarls. At the center is the so-called “dual sovereignty” doctrine. This principle holds that separate sovereigns may prosecute for what looks like the same “offence”—to use the Constitution’s language—because they have separate laws, and those laws prohibit separate offenses, and thus the Double Jeopardy Clause’s bar on multiple prosecutions for the same offense simply does not come into play. As a doctrine that relates to …

Counterfactual Causation, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Causation is commonly defined using the counterfactual model, and the “but-for” standard in particular. It asks whether the harm suffered by the plaintiff would have occurred in the absence of the defendant’s act. It is commonly believed, however, that the counterfactual model fails in cases involving multiple sufficient causes—that is, cases in which two or more forces contribute to an outcome where each force alone would suffice to produce the same outcome. This paradox has, over time, pushed causation standards into a state of ambiguity and disarray as courts have attempted to retain the counterfactual model as the appropriate framework …

The Seeds Of Early Childhood, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The trajectory of childhood is often shaped before childhood even begins. Pre-birth inequalities are not natural or inevitable. Rather, we create and cement policy choices that reduce access to adult healthcare, restrict accessible contraception, impede access to abortion, and deny prenatal care. Together, these choices mean that, in the United States, we maintain very high rates of unwanted pregnancy and increasingly high rates of maternal mortality and morbidity, burdens that fall disproportionately on women of color and women of lower socioeconomic status. Equality demands that we address these disproportionate burdens.

(Un)Conscious Judging, Elizabeth Thornburg

Faculty Journal Articles and Book Chapters

Fact inferences made by the trial judge are the lynchpin of civil litigation. If inferences were a matter of universally held logical deductions, this would not be troubling. Inferences, however, are deeply contestable conclusions that vary from judge to judge. Non-conscious psychological phenomena can lead to flawed reasoning, implicit bias, and culturally influenced perceptions. Inferences differ significantly, and they matter. Given the homogeneous makeup of the judiciary, this is a significant concern.

This Article will demonstrate the ubiquity, importance, and variability of inferences by examining actual cases in which trial and appellate (or majority and dissenting) judges draw quite different …

Digital Health And Regulatory Experimentation At The Fda, Nathan Cortez

Faculty Journal Articles and Book Chapters

For well over a decade the U.S. Food and Drug Administration (FDA) has been told that its framework for regulating traditional medical devices is not modern or flexible enough to address increasingly novel digital health technologies. Very recently, however, the FDA introduced a series of digital health initiatives that represent important experiments in medical product regulation, departing from longstanding precedents applied to therapeutic products like drugs and devices. The FDA will experiment with shifting its scrutiny from the pre-market to the post-market phase, shifting the locus of regulation from products to firms, and shifting from centralized government review to decentralized …

Spatial Repellency, Antifeedant Activity And Toxicity Of Three Medium Chain Fatty Acids And Their Methyl Esters Of Coconut Fatty Acid Against Stable Flies, Gwang H. Roh, Xiaaojie Zhou, Yansu Wang, Steven C. Cermak, James A. Kenar, Alexander Lehmann, Baoyu Han, David B. Taylor, Xiaopeng Zeng, Chung Gyoo Park, Gary J. Brewer, J.J. Zhu

Department of Entomology: Faculty Publications

BACKGROUND: Stable flies are one of the most detrimental arthropod pests to livestock. With changing climates and agronomic practices, they expand their roles as pests and disease vectors as well. Their painful bites reduce livestock productivity, annoy companion animals, and interfere with human recreational activities. Current management technologies are unable to effectively control stable flies. The present study reports new results concerning the contact, spatial repellency, and toxicity of a bio-based product, coconut fatty acid and their methyl ester derivatives of free fatty acids of C8:0, C10:0 and C12:0 to stable flies.

RESULTS: Three medium chain fatty acid methyl esters …

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay

Faculty Journal Articles and Book Chapters

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …

Why Are 99% Of The Applications For Debt Discharge Under The Public Service Loan Forgiveness Program Being Denied, And Will This Change?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

During the first 18 months after October 1, 2017 that student loan borrowers were able to apply for tax-free debt forgiveness under the Public Service Loan Forgiveness program a striking 99% of the 76,002 applications that have been fully processed have been denied. The more recently adopted Temporary Expanded Public Service Loan Forgiveness program also has a 97% to 99% application denial rate, depending on how it is calculated. This short article discusses the various factors that may be contributing to such a bizarrely high denial rate, and why the number of applications filed and the proportion of applications filed …

The Federalization Of Corporate Governance—An Evolving Process, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This Article focuses on the timely subject of the federalization of corporate governance in the United States from both contemporary and historical perspectives. Although the states traditionally have overseen the sphere of corporate governance, federal law today affects the governance of publicly held corporations to a greater extent than ever before in our nation’s history. This Article, drawn from the author’s recently published Oxford University Press book (The Federalization of Corporate Governance), addresses this timely subject from the commencement of the 20th century to the present. Through the decades, the federalization of corporate governance has gone through periods …

Exploring Knowledge And Awareness Of Social Entrepreneurship, Barry Tishler

Theses and Dissertations

Exploring knowledge and awareness of social entrepreneurship is a study created to identify business students’ awareness and knowledge of social entrepreneurship in a business degree program. The social entrepreneurship survey is a descriptive quantitative research instrument that was created to measure students’ knowledge and awareness of social entrepreneurship. The results of this study could be used to identify a potential need for social entrepreneurship academic programs or degrees within the business school. The study used the web-based survey to investigate business students enrolled in a degree program to determine and report if any correlation existed between business graduate students and …

Hate Crimes And Discrimination Against Jews: The Anti-Semitism Phenomenon In The 21st Century, Jon Zemke

Theses and Dissertations

Hate Crimes and Discrimination against Jews: The Anti-Semitism Phenomenon in the 21st Century. Jonathon Zemke, 2018: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. The purpose of this study is to compare the perceptions and opinions of Jewish and non-Jewish adult in Virginia Beach, Virginia regarding Jewish hate crimes, discrimination, the safety of the Jewish population, and general beliefs about the Jewish faith. The study set out to provide an evaluation of opinions regarding hate crimes, discrimination, personal safety, and anti-Semitic propensities among the Jewish population (n=77, 45.29%) compared to the non-Jewish respondents (n=93, 54.71%) examined in …

A Case Study: Meeting The Needs Of English Learners With Limited Or Interrupted Formal Education, Michelle Ivette Marrero

Theses and Dissertations

Increasing numbers of English-language learners with limited or interrupted formal education are entering schools across the United States. This new trend is affecting school districts with new challenges as high school teachers of English speakers of other languages are not prepared to address the beginning literacy needs of students with limited or interrupted formal education. In addition, students with limited or interrupted formal education are encountering challenges in high school as they are simultaneously learning a new language and academic content in a new culture in addition to learning how to read and write for the first time in their …

Improving Student Achievement Through The Implementation Of A Classroom Performance System, Stacy Maria Artis

Theses and Dissertations

This applied dissertation was designed to implement and examine the impact of a classroom performance system (CPS) on student achievement for Grade 9 mathematics students. Seventy-five students in 4 Coordinate Algebra classes were observed during the regular school day for 9 weeks. The treatment group received CPS-based instruction, and the control group received traditional mathematics instruction without the use of a CPS. The teacher was the same for all classes.

Data from benchmark assessments as well as quarterly grade reports were compared for both groups. The findings of this study showed mixed results in relation to the impact of CPS-based …

The News Through Facebook: Discovering The Prevalence Of Rape Myths In User Comments, Leigh Anne Clay

Theses and Dissertations

This study attempted to ascertain the prevalence value of rape myths located within social media user comments on the website Facebook. Research using existing Internet-based comments may provide insight into current attitudes and beliefs surrounding sexual violence. Using a quantitative content analysis, this study gauged the prevalence of rape myths in user comments by referencing a preset code list created with rape myths from the Acceptance of Modern Myths About Sexual Aggression scale (AMMSA) and the Updated Illinois Rape Myth Acceptance Scale (IRMA) and by locating emergent codes in the dataset.

The Role Of Supervised Community Service And Socio-Economic Status In Recidivism Pertaining To Financial Crimes Among Ex-Convicts, David Adu-Boateng

Theses and Dissertations

An individual’s economic situation impacts the commission of crimes, and ex-convicts inability to earn a living and integrate into society increases their propensity to commit financial crimes. Researchers indicate that the high rate of recidivism points to the fact that ex-convicts face significant challenges in their bid to adjust to life outside prison. Prior research and extant literature show that most ex-convicts re-offend within three years after their initial release from prison. Generally, the propensity to commit a financial crime increases after prison time among convicted felons. However, an elevated socio-economic status reduces an ex-convict’s propensity to commit financial crimes …

A Multiple Case-Study Approach To Examine Police Officers Perceptions On Narcan® Policies, Casey Gnann

Theses and Dissertations

In October 2017, President Trump officially declared the opioid epidemic to be a public health emergency. Reports from the CDC indicate that over 140 Americans die per day as a result of an opioid overdose (NPR, 2017). This statistic alone highlights the tragic effects of the current opioid climate. To date, an abundance of research has been conducted on opioid addicts, family members, doctors approach to addiction, etc. However, there is a gap in the research regarding law enforcement officers and their ever-changing role in the fight against opioids. As the opioid epidemic has continued to worsen, many law enforcement …

How Do You Like Me Now? Social Media Bridging The Distance In Online Education, Lee Heller

Theses and Dissertations

Distance education has disrupted our educational norm, with students taking more online courses than ever before. Some research has assumed that online students experience a feeling of isolation, disconnect with their institution, and overall, have a diminished educational experience. During the last 10 years, another phenomenon, social media, has also experienced explosive growth, including the largest and most interwoven into modern society: Facebook.

With almost 92% of respondents in this study reporting they use Facebook daily, this study found there was statistical significance (1) between using Facebook for social use and the feelings of isolation; (2) between belonging and participating …

The Prevalence Of Hate Crimes Motivated By Sexual Orientation In Florida After The U.S. Supreme Court Legalization Of Same-Sex Marriages, Shawntozi Campbell

Theses and Dissertations

Research on the dynamics of violence has revealed that crimes involving a prejudicial motive often occur in close temporal proximity to a galvanizing event such as elections, terrorist attacks, or unprecedented Supreme Court decisions. Given the particularly contested nature of marriage policy, it is not inconceivable that same-sex marriage recognition might incite retaliatory violence. Same-sex couples were granted the right to marry by the United States Supreme Court in June of 2015. By June 2016, Orlando, Florida experienced the “deadliest incident of violence against LGBTQ people in U.S. history,” after a mass shooting at Pulse nightclub resulted in the death …

Exploring Experiences Of Diverse Faculty With Diverse Students In Distance Education, Theresa West

Theses and Dissertations

This study aims to explore faculty’s experiences regarding teaching methods and student-teacher interaction. The interaction between the majority groups and diverse (minority) groups on the college and university campuses needs to be addressed in order for colleges to achieve the universal goal of education for all (Akombo, 2013). Such interactions can be achieved through a curriculum that fosters cultural perspectives within the college communities (Akombo, 2013). Due to the diversity and pluralism of educational environments, academic faculty must be able to discuss multiple cultural perspectives in the classroom (Akombo, 2013). For this reason, the Roger’s Diffusion of Innovation Theory will …

Violent Offenders And Assaults On Staff Members, Lisa Gentry Long

Theses and Dissertations

Violent Offenders and Assaults on Staff Members. Dissertation, Nova Southeastern University, Fischler College of Education, School of Criminal Justice Department. Descriptors: Violence, violent offenders, violent inmates, corrections, prisons, assaults, correction officers, staff members.

Prison facilities are an integral part of the criminal justice system. Prisons are meant to provide punishment, deterrence and rehabilitation for inmates that are serving time. Prisons across the country are understaffed due to many reasons. It is important for staff members to be trained on how to keep themselves and inmates safe when they are behind the walls of these facilities. Staff members are in positions …

Implementing Edward De Bono’S Six Thinking Hats Intervention For Improving Reading Comprehension Skills For Students With Learning Disabilities (Sld), Annaliese Rosalie Hightower (Rollins)

Theses and Dissertations

This study proposed Edward de Bono’s Six Thinking Hats as an intervention to enhance SLD students’ reading comprehension skills. The study described the Six Thinking Hats intervention as a method that used six diverse thought processes. A narrative review further discussed how the compilation of strategies is needed to help improve reading development skills for SLD students. Additionally, the study described several theoretical frameworks for the study: construction-integration model, event index model, and the metacognitive theory.

The study used a quantitative approach to answer the research questions that focused on comparing statistical differences between an experimental group and a control …

Implementing Technology Enhanced Mathematical Instruction In An Algebra I Course To Increase Students’ Academic Achievement In Mathematics, Carlos Marrero

Theses and Dissertations

In July 2015, the National Council of Teachers of Mathematics established its position about the use of technology in teaching and learning mathematics. This important step forward opened a promise for many students and teachers that deserve the excellence of high-quality education in one of the most difficult educational subjects. In the 21st century, mathematics education can be one of the greatest recipients of all technological benefits reached by the most advanced societies of the earth.

The purpose of this applied dissertation was to measure the effects in mathematics academic achievement of implementing technology-enhanced mathematical instruction to a group of …

Exploring Factors Related To Customer Service Representatives’ (Csrs) Performance In Call Centers., Ruth R. Jayson-Polk

Theses and Dissertations

This study provides critical research on individual change and its impact on individual performance using the ADKAR change management model. This applied dissertation was designed to research improvement in call monitoring performance scores between two groups of customer service representatives’ (CSRs): the experimental group receiving the ADKAR change management intervention, and the control group, who did not receive the ADKAR change management intervention. The ADKAR change management model (Hiatt, 2006) provided the theoretical framework for the study.

The literature review revealed that change management is a critical component of organizational change but is driven by individual change. The literature informs …

A Qualitative Study Exploring Motivation And Engagement Among Millennial Volunteers In Nonprofit Organizations, Joanne Quinones

Theses and Dissertations

This applied dissertation focused on capturing the lived experiences of Millennials and explore their motivation and engagement for volunteering in a nonprofit organization. This study illustrates the importance of civic and social engagement in our society. The Millennials have been labeled as “Genme or the me generation” (Twenge, Campbell, Hoffman, & Lance, 2010, p. 1117; Twenge, 2006, p. 1), as they have been criticized for focusing on their own self-interest. While millennials have been considered as being technologically savvy, since they grew up with the internet. The millennials, have a social interest in offering support to a cause versus an …