Digital Commons Network^™

Save Your Breath: A Constitutional Analysis Of The Criminal Penalties For Refusing Breathalyzer Tests In The Wake Of Birchfield V. North Dakota, Kylie Fisher

Washington Law Review Online

Statutes that criminally penalize suspected drunk drivers who refuse to submit to testing of their blood alcohol concentration emerged in a number of states as a way to better enforce implied consent statutes that require drivers submit to such testing. In Birchfield v. North Dakota, the Supreme Court held that statutes that criminally punish individuals for refusing a blood test were unconstitutional but upheld criminal refusal statutes regarding breath tests. Much of the reasoning in the majority’s opinion stemmed from a shallow perception of the invasion that breath tests pose to individual privacy interests. Justice Sotomayor’s dissenting opinion noted …

Millennial Business Owners' Strategies To Survive In Business, Andrietta Bryant-Minter

Walden Dissertations and Doctoral Studies

Individuals in the millennial generation, born from 1980 to 1996, have many entrepreneurial opportunities; however, many people in the millennial generation lack the skills, motivation, and business strategies to survive in business. Because of the influx of competition, lack of experience, and lack of business-world strategies, entrepreneurs can miss opportunities and fail within the first few years of business operations. Grounded in the systems theory, the purpose of this multiple case study was to explore the strategies that business owners in the millennial generation used to survive in business longer than 6 years. Participants consisted of 5 business owners in …

Grievance Group Index, State Legitimacy Index, External Intervention Index, And Global Terrorism, Hassan Hmoud Elkatawneh

Walden Dissertations and Doctoral Studies

The purpose of this quantitative cross-sectional study was to obtain a more accurate diagnosis of the factors that incite terrorism through examining the extent to which independent variables (the Group Grievance Index (GGI), the Legitimate State Index (LSI), and the External Intervention Index (EII)) can predict the dependent variable (the level of global terrorism (GTI)) for the period between 2006-2017. The study included data from the 162 member states of the United Nations, covering 99.7% of the world's population. Game theory and the political process theory provided the theoretical frameworks for the study. Multinomial logistic regression analysis was used to …

Organizational Strategies To Grow Mature Small Information Technology Businesses, Timothy L. Knox

Walden Dissertations and Doctoral Studies

Standard indicators of slow growth among small businesses are negative job creation and lower tax revenue. Small business success and growth is necessary for increasing productivity, profitability, and job creation. The purpose of this single case study was to explore growth strategies leaders of a mature small information technology (IT) business in the midwestern United States used to grow their organization beyond existing capacity. Data were collected from semistructured interviews and review of organizational documentation. The conceptual framework for the study was general systems theory. The study included a purposeful sample of 2 senior leaders of a mature small IT …

Foster Care Workers' Roles In Developing Resiliency In Foster Children, Linda Ann Lopez

Walden Dissertations and Doctoral Studies

Maltreated children are at risk for placement disruption, mental health and substance issues, delinquent behaviors, and poverty issues. When children in foster care experience these risks, they decrease the likelihood of leaving foster care successfully. Resiliency is a critical component in increasing positive outcomes for foster children despite these risk factors. The purpose of this action research was to understand the role foster care workers have in developing resiliency in foster children. The theory of attachment and resiliency provided the conceptual framework for the study. Two focus groups were used to collect data from 5 foster care social workers in …

Suburban High School Teachers' Teaching Styles, Teaching Experiences, And Acceptance Of Edmodo, Tshimpo C. Mukenge

Walden Dissertations and Doctoral Studies

Southern U.S. teachers at suburban high schools can use Edmodo; however, teachers prefer traditional teacher-centered teaching methods. This quantitative correlative study explored teachers' technology acceptance in relation to teaching styles and experiences. Framing acceptance by Davis's technology acceptance model (TAM), research questions addressed the direct and moderating relationships between teaching style and the TAM variables related to using Edmodo and the direct and moderating relationships between teaching experiences and TAM variables. From 240 teachers at the high school, 45 completed an online survey (response rate of 18.75%). Descriptive statistics, ANOVA, and regression analyzed data. TAM could be verified for the …

Strategies To Improve Adoption Of The Federal Enterprise Architecture Framework, Michael John Caruso

Walden Dissertations and Doctoral Studies

The U.S. federal government spends millions of taxpayer dollars to implement the federal enterprise architecture framework (FEAF). This qualitative multiple case study extracted successful FEAF implementation strategies used by agencies in the Washington, DC, metropolitan area. The population for this study included 10 information technology (IT) planners in 3 federal agencies. Data were collected from semistructured interviews and triangulated in comparison to 33 public documents. General system theory was used as a conceptual framework for the study, and data analysis included reviews of the academic literature, thematic analysis, and member checking to identify themes and codes related to successful aspects …

Barriers Encountered By African American Women Executives In Fortune 500 Companies, Sonia Marlene Greene

Walden Dissertations and Doctoral Studies

African American women's (AAW) presence has increased in the corporate workforce, but this increase has not transferred to a comparable rise in leadership positions. The purpose of this transcendental phenomenological study was to explore the lived experiences AAW faced relating to race and gender differences that influenced their leadership development and limitations on advancement in Fortune 500 corporations. The research problem addressed in this study was the underrepresentation of AAW in senior leadership positions within Fortune 500 corporations and what can increase their representation and retention in senior level positions. The 10 participants included African American women holding senior level …

Field Testing And Simulation Of Vadose-Zone Recharge Wells In The Mississippi River Valley Alluvial Aquifer As An Artificial Recharge Method, Kyungwon Kwak

Electronic Theses and Dissertations

Increasing concerns regarding depletion of groundwater in the Delta region of Mississippi have led to a need to augment natural recharge. Infiltration basins are often one of the simplest means of artificially recharging aquifers. However the Delta has a layer of clay and silt at the surface so it is a better idea to use vadose-zone recharge wells that are not limited by the surficial layer of fine soils. The purpose of this study is to use full-scale field testing to assess the feasibility of using vadose-zone wells for artificial recharge of the Mississippi River Valley alluvial aquifer by using …

Tricholoma (Fr.) Staude In The Aegean Region Of Turkey, İsmai̇l Şen, Hakan Alli

Turkish Journal of Botany

The Tricholoma biodiversity of the Aegean region of Turkey has been determined and reported in this study. As a consequence of field and laboratory studies, 31 Tricholoma species have been identified, and five of them (T. filamentosum, T. frondosae, T. quercetorum, T. rufenum, and T. sudum) have been reported for the first time from Turkey. The identification key of the determined taxa is given with this study.

Measuring Students’ Knowledge And Interest In Data Analytics At Pace University, Andres Zegarra Rejas

Honors College Theses

No abstract provided.

The Role Of Mtdna Mutation And Mitochondrial Dysfunction On The Aging Process, Starr Pericles

Honors College Theses

No abstract provided.

Quantitative Analysis Of Xylene Mixtures Using A Handheld Raman Spectrometer, Lauren Reilly

Honors College Theses

No abstract provided.

Analysis Of Over-The-Counter Antihistamines Through Raman Spectroscopy And Density Functional Theory Calculations, Lyric Wyan

Honors College Theses

No abstract provided.

Transactivation Of Human Endogenous Retroviruses By Tumor Viruses And Their Functions In Virus-Associated Malignancies., Jungang Chen, Maryam Foroozesh, Zhiqiang Qin

Faculty and Staff Publications

Human endogenous retroviruses (HERVs), viral-associated sequences, are normal components of the human genome and account for 8–9% of our genome. These original provirus sequences can be transactivated to produce functional products. Several reactivated HERVs have been implicated in cancers and autoimmune diseases. An emerging body of literature supports a potential role of reactivated HERVs in viral diseases, in particular viral-associated neoplasms. Demystifying studies on the mechanism(s) of HERV reactivation could provide a new framework for the development of treatment and prevention strategies targeting virus-associated tumors. Although available data suggest that coinfection by other viruses, such as Kaposi’s Sarcoma-associated herpesvirus (KSHV) …

Rewriting The Human-Animal Divide: Humanism And Octavia Butler's "Amborg", Aparajita Nanda

English

The relationship of philosophy and the human-animal divide is a long one. One could begin with the anthropocentric assumptions of liberal humanism that go back to the Great Chain of Being, a concept of the nature of the universe that traces its lineage to antiquity. The term designates three defining features of the universe: maximal diversity of life, a serial communication within each group, and a hierarchical division of all living beings from God to the simplest forms of existence (Encyclopedia Britannica 2015). This essay challenges the liberal humanist emphasis on humans as being the central focus of the universe …

Bodies And Heroes (Chapter In Heroic Bodies In Ancient Israel), Brian R. Doak

Faculty Publications - George Fox School of Theology

Excerpt: "In this book I make three overarching arguments about what I am calling the “heroic body” in ancient Israel, particularly as it is represented in the Hebrew Bible but also including relevant iconography and with comparative gestures toward the Bible’s larger Mesopotamian context to the east and also the Greek Mediterranean context to the west."

The Constitutionalization Of Fatherhood, Dara E. Purvis

Case Western Reserve Law Review

No abstract provided.

The Effects Of Kt ≠ Ks In A Stommel-Like Model Of The Upper Atlantic Meridional Overturning Circulation Under Steady Surface Flux Forcing, A. E. Gargett

Journal of Marine Research

This study examines a simple 6-box model of a single pole-to-pole ocean basin. Each of a northern "polar gyre," a southern "polar gyre," and an "equatorial gyre," consisting of north and south subtropical gyres plus the equatorial region, is represented by two boxes: a surface box receiving constant fluxes of both temperature (heat) and salt (freshwater) and a deep box. The model includes four dominant processes: surface flux forcing, horizontal meridional advection driven by Southern Ocean winds, horizontal eddy diffusion at gyre boundaries, and convection, as well as the process of vertical diffusion by small-scale processes. Provided that heat loss …

Amazon River Infl Uence On Nitrogen Fi Xation In The Western Tropical North Atlantic, Joseph P. Montoya, Jason P. Landrum, Sarah C. Weber

Journal of Marine Research

We measured rates of N- and C-fixation with a direct tracer method in regions of the western tropical North Atlantic influenced by the Amazon River plume during the high flow period of 2010 (May–June 2010). We found distinct regional variations in N-fixation activity, with the lowest rates in the plume proper and the highest rates in the plume margins and in offshore waters. A comparison of our N- and C-fixation measurements showed that the relative contribution of N-fixation to total primary production increased from the plume core toward oceanic waters, and that most of the C-fixation in this system was …

Political Dysfunction And Constitutional Structure, David Orentlicher

Scholarly Works

In this essay, Professor Orentlicher reviews three books that analyze different features of the U.S. political system:

1. Michelle Belco & Brandon Rottinghaus, The Dual Executive: Unilateral Orders in a Separated and Shared Power System (Stanford Univ. Press 2017).

2. Richard A. Posner, The Federal Judiciary: Strengths and Weaknesses (Harvard Univ. Press 2017).

3. Martin H. Redish, Judicial Independence and the American Constitution: A Democratic Paradox (Stanford Univ. Press 2017).

Venture Bearding, Benjamin P. Edwards, Ann C. Mcginley

Scholarly Works

“Venture bearding,” a term that we coin in this Article, describes processes of obscuring and covering socially stigmatized identities in business environments. This Article introduces distinctive identity performance strategies from the technology, startup, and venture capital context into the legal literature and discusses what their existence explains about business environments and capital formation. Venture bearding, as we use the term, describes behaviors that persons with contextually stigmatized identities adopt to access social status and capital. In some instances, women, who are stigmatized in this context, may employ men as front persons to conceal that the venture is an exclusively women-owned …

Waters Of The State, Joseph Regalia, Noah D. Hall

Scholarly Works

This article explores the "waters of the state" in three parts. First, we look to what the states say for themselves about water in their constitutions and statutes. This is not intended as a comprehensive survey, but rather a thorough sampling of the diversity in how states assert themselves over territorial water. There is a tremendous range in the scope of state assertions, in terms of both hydrologic (what waters are included) and legal scope (what states can and should do with water). The diversity and distinctions turn out to be of limited importance, though, at least on the ground. …

State Benchmark Plan Coverage Of Opioid Use Disorder Treatments And Services: Trends And Limitations, Stacey A. Tovino

Scholarly Works

Professor Tovino offers a survey of state benchmark plan coverage of opioid use disorder treatments and services, and identifies trends and limitations relevant thereto. Part II of the article provides background information regarding opioid use disorder and the treatments and services available for individuals with this disorder. Part III reviews federal mental health parity law and federal mandatory mental health and substance use disorder law as applied to insurance coverage of treatments and services for opioid use disorder, with a focus on the Affordable Care Act's (ACA's) state benchmark health plan selection requirement and the effect on that requirement of …

Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

Scholarly Works

Judicial decision-making is not a neutral and logical enterprise that involves applying clear rules to agreed-upon facts. Legal educators can and should help students learn more about how judges actually go about making their decisions. The study of re-imagined judicial decisions, such as the alternative judgments from various Feminist Judgments Projects, can enrich the study of law in multiple ways. First, seeing a written decision that differs from the original can help students think “outside the box” constructed by the original opinion by showing them a concrete example of another perspective written in judicial language. Second, the rewritten judgments show …

The Masculinity Mandate: #Metoo, Brett Kavanaugh, And Christine Blasey Ford, Ann C. Mcginley

Scholarly Works

In fall 2019, the Senate Judiciary Committee held hearings involving Dr. Christine Blasey Ford's testimony about then-Judge Brett Kavanaugh's alleged behavior at a high school party gone awry.

This essay uses identity performance and multidimensional masculinities theories to analyze the hearings, specifically to consider the gender, race, and class performances of the participants, and how partisans and non-partisans interpreted those performances. This examination demonstrates that the judgment concerning masculinity and femininity performances and their appropriateness is, to a certain extent, in the eye of the beholder. By the same token, public interpretations are not arbitrary. Rather, at least in this …

The Digital Natives Will Not Save Us: Reflections On The Shallows, Mary Beth Beazley

Scholarly Works

Review of Nicholas Carr, The Shallows: What the Internet is Doing to Our Brains (2010).

Incapacitating Errors: Sentencing And The Science Of Change, M. Eve Hanan

Scholarly Works

Despite widespread support for shifting sentencing policy from “tough on crime” to “smart on crime,” reflected in legislation like the federal First Step Act, the scope of criminal justice reform has been limited. We continue to engage in practices that permanently incapacitate people while carving out only limited niches of sentencing reform for special groups like first-time nonviolent offenders and adolescents. We cannot, however, be “smart on crime” without a theory of punishment that supports second chances for the broadest range of people convicted of crimes.

This Article posits that the cultural belief that adults do not change poses a …

Why Women? Judging Transnational Courts And Tribunals, Kathryn M. Stanchi, Bridget J. Crawford, Linda L. Berger

Scholarly Works

Calls for greater representation of women on the bench are not new. Many people share the intuition that having more female judges would make a difference to the decisions that courts might reach or how courts arrive at those decisions. This hunch has only equivocal empirical support, however. Nevertheless legal scholars, consistent with traditional feminist legal methods, persist in asking how many women judges there are and what changes might bring more women to the bench. This essay argues that achieving diversity in international courts and tribunals – indeed on any bench – will not happen simply by having more …

About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon

Scholarly Works

This Article examines specialty courts, including drug, alcohol, and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “co-occurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic …