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2019

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Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich Jan 2019

Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich

Faculty Scholarship

In the D.C. Circuit case Heller v. District of Columbia (Heller II), Judge Kavanaugh wrote that “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.” Now Justice Kavanaugh, will he find support on the highest court for what was then a dissenting view? Chief Justice Roberts, during oral arguments for Heller I, asked “Isn’t it enough to…look at the various regulations that were available at the time…and determine how these—how this restriction and the scope of this …

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Regulatory Monitors: Policing Firms In The Compliance Era, Rory Van Loo Jan 2019

Regulatory Monitors: Policing Firms In The Compliance Era, Rory Van Loo

Faculty Scholarship

Like police officers patrolling the streets for crime, the front line for most large business regulators — Environmental Protection Agency (EPA) engineers, Consumer Financial Protection Bureau (CFPB) examiners, and Nuclear Regulatory Commission (NRC) inspectors, among others — decide when and how to enforce the law. These regulatory monitors guard against toxic air, financial ruin, and deadly explosions. Yet whereas scholars devote considerable attention to police officers in criminal law enforcement, they have paid limited attention to the structural role of regulatory monitors in civil law enforcement. This Article is the first to chronicle the statutory rise of regulatory monitors and …

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Law, Technology And Patient Safety, Kathryn Zeiler, Gregory Hardy Jan 2019

Law, Technology And Patient Safety, Kathryn Zeiler, Gregory Hardy

Faculty Scholarship

Medical error is the third leading cause of death in the United States, In an effort to increase patient safety, various regulatory agencies require reporting of adverse events, but reported counts tend to be inaccurate. In 2005, in an effort to reduce adverse event rates, Congress proposed a list of “never events,” adverse events, such as wrong-site surgery, that should never occur in hospitals, and authorized CMS to refuse payment for care required following such events. CMS has since pushed for further regulation, “such as putting more payment at risk, increasing transparency, increasing frequency of quality data reviews, and stepping …

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A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien Jan 2019

A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien

Faculty Scholarship

Many scholars and others have, for some time now, been calling attention to the alarming growth in post-employment and other benefits for unionized employees in the public sector. 17 A fairly well-understood phenomenon is thought to explain the inability of state and local governments to resist outsized demands from their public unions. As 18 Is and others 19 have argued, the central problem with public sector unions is that they find it easy to capture their employers (taxpayers) in ways that private sector unions cannot. The role played by often eager and feckless elected officials in this process has also …

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Characterisation Of Fatigue Crack Growth Using Digital Image Correlation Measurements Of Plastic Ctod, Jm Vasco-Olmo, Fa Díaz, Fv Antunes, Mn James Jan 2019

Characterisation Of Fatigue Crack Growth Using Digital Image Correlation Measurements Of Plastic Ctod, Jm Vasco-Olmo, Fa Díaz, Fv Antunes, Mn James

School of Engineering, Computing and Mathematics

Crack tip opening displacement (CTOD) was measured using digital image correlation (DIC) and resolved into elastic and plastic CTOD components via an offset compliance technique. The plastic CTOD range gave a single linear correlation for fatigue crack growth rate at stress ratios of 0.1 and 0.6 in compact-tension (CT) specimens of Grade 2 titanium. A sensitivity analysis was performed to find the optimum position in the crack wake to make the CTOD measurements. The results are the first time (to the authors knowledge) that plastic CTOD has been found directly from experimentation and demonstrate that plastic CTOD is a useful …

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A Proactive Malicious Software Identification Approach For Digital Forensic Examiners, Muhammad Ali, Stavros Shiaeles, Nathan Clarke, Dimitrios Kontogeorgis Jan 2019

A Proactive Malicious Software Identification Approach For Digital Forensic Examiners, Muhammad Ali, Stavros Shiaeles, Nathan Clarke, Dimitrios Kontogeorgis

School of Engineering, Computing and Mathematics

No abstract provided.

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Fatigue Life Prediction For Rotary Friction Welded Ti-6al-4v Under Variable Amplitude Fatigue Loading, Der Merwe Hb Van, Mn James, Dg Hattingh, W Rall Jan 2019

Fatigue Life Prediction For Rotary Friction Welded Ti-6al-4v Under Variable Amplitude Fatigue Loading, Der Merwe Hb Van, Mn James, Dg Hattingh, W Rall

School of Engineering, Computing and Mathematics

The present paper considers variable amplitude fatigue lifing for rotary friction welds in Grade 23 6Al-4V titanium alloy. The work reported in this paper aimed firstly at optimising the parameters necessary to successfully rotary weld 6 mm diameter hourglass specimens of Ti-6Al-4V and, secondly, at generating CA stress-life (S-N) fatigue data to underpin a VA fatigue life prediction that was then experimentally verified against the results obtained from VA fatigue testing using an 3200 turning point sequence extracted from the simulated aircraft load spectrum mini-FALSTAFF (a modified Fighter Aircraft Loading Standard for Fatigue). It was found that the real damage …

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Characterisation Of Fatigue Crack Growth Using The Cjp Model Of Crack Tip Fields Or Plastic Ctod, Mn James, Jm Vasco-Olmo, Fa Díaz, Fv Antunes, Y Bing, Y Huang Jan 2019

Characterisation Of Fatigue Crack Growth Using The Cjp Model Of Crack Tip Fields Or Plastic Ctod, Mn James, Jm Vasco-Olmo, Fa Díaz, Fv Antunes, Y Bing, Y Huang

School of Engineering, Computing and Mathematics

This paper provides an update on the current status of work that has been done to validate the CJP model of crack tip stresses and also summarises some findings from linked work that has used DIC to determine the range of plastic crack tip opening displacement as a correlator of fatigue crack growth rate. The paper considers several ways of calculating an effective range of stress intensity factor that have been proposed in various papers, as the preferred option is not yet fully clear. It further highlights the potential value, in terms of elucidating the mechanisms involved in plasticity-induced crack …

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Review Of Extraordinary Racial Politics By Fred Lee, Robert L. Tsai Jan 2019

Review Of Extraordinary Racial Politics By Fred Lee, Robert L. Tsai

Faculty Scholarship

The goal of Fred Lee in Extraordinary Racial Politics is to explicate a recurring form of political activity that is distinct from either revolutionary politics that convulse the entire polity or normal politics that yield formal laws and institutions. Between these phenomena, he describes a political experience that can be “unusual, episodic, intensive, decisive, and transformative” yet leaves its mark on a polity (p. 2). Lee is less concerned with the laws on the books than he is with an informal set of potent racial formations that are both sticky and generative: sometimes they are partly codified (as with legal …

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Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong Jan 2019

Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong

Faculty Scholarship

There are consistent messages to people of color about their proper place in
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/="/">advancing white supremacy. Referring back to what Professor Haney-Lopez
/="/">asserted earlier today, in today’s post-civil rights society, few people would
/="/">argue in favor of segregation in racial terms explicitly so. And few people would
/="/">assert that Blacks, for example, do not belong in certain places. However,
/="/">opponents of affirmative action have begun to articulate a form of these
/="/">arguments as an add-on to the mismatch theory. In the …

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The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog Jan 2019

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

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Foreign Affairs Prosecutions, Steven Arrigg Koh Jan 2019

Foreign Affairs Prosecutions, Steven Arrigg Koh

Faculty Scholarship

Contemporary global crime and cross-border law enforcement cooperation have multiplied “foreign affairs prosecutions,” cases that encompass foreign apprehension, evidence gathering, and criminal conduct, as well as cases that implicate foreign nations’ criminal justice interests. Robert Mueller’s Russia investigation, the fugitive Edward Snowden, and the cross-border crimes of FIFA and El Chapo all exemplify such foreign affairs prosecutions. This Article argues that foreign affairs prosecutions represent a consequential shift in U.S. criminal law, offering the promise of closing global impunity gaps. At the same time, however, such cases risk defendant interests at home and U.S. foreign policy abroad. This Article calls …

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Funding Strategies For Smallholder Rice Farmers In Afadzato South District, Ghana, Faith S. Ababio-Twi Jan 2019

Funding Strategies For Smallholder Rice Farmers In Afadzato South District, Ghana, Faith S. Ababio-Twi

Walden Dissertations and Doctoral Studies

Agriculture revenue contributions to Ghana's gross domestic product have declined because of limited farm funding, which has constrained some smallholder rice farmers access credit to acquire necessary inputs, and to secure a stable market for their harvests. The purpose of this qualitative multiple case study was to explore successful strategies some smallholder rice farmers in the Afadzato South District of Ghana used in obtaining farm funding. Data collection included semistructured, face-to-face interviews with 9 smallholder rice farmers who successfully obtained farm funding. Previous research, reports, and policies of the Ghana Ministry of Food and Agriculture served as additional data collection …

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Counter-Ideology As A Wider Strategy For Defeating The Boko Haram Terrorist Group, Kwesi Ayima Jan 2019

Counter-Ideology As A Wider Strategy For Defeating The Boko Haram Terrorist Group, Kwesi Ayima

Walden Dissertations and Doctoral Studies

There is a need to address current military strategies to defeat the resilience of the Boko Haram Terrorist (BHT) group. The purpose of this qualitative study was to provide a counter-ideology framework as an alternative strategy to defeat the group. The relational/vengeance and relative deprivation theories provided the theoretical foundation for the study, and the research question addressed the extent to which counter-ideology strategies can be instituted to defeat the BHT group. Data were collected through semi structured interviews from 20 participants who were Muslim clerics, community leaders, and military personnel, and data were analyzed using Nvivo software. The themes …

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Exploring The Mechanisms Of Racial Disparity In Infant Mortality: A Grounded Theory Approach, Barry Chukwugekwu Eneh Jan 2019

Exploring The Mechanisms Of Racial Disparity In Infant Mortality: A Grounded Theory Approach, Barry Chukwugekwu Eneh

Walden Dissertations and Doctoral Studies

Infant mortality (IM) is a critical health-disparity problem in the United States. Of the 23000 infants who die each year, the highest number occurs among African Americans. Previous studies implicated a mix of health determinants and risk factors, but no study has explored the mechanisms by which IM predictably persists among African Americans. This study uncovers the complex network of risk factors that underlies racial death disparities in infants. Two theoretical lenses chosen for this study were social systems theory (SST) and critical race theory (CRT). SST explains human behavior as an intersection of interrelated systems. CRT interrogates inherent social …

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Female Sergeants, Lieutenants, And Captains Obtaining Leadership Roles In Law Enforcement, Latoya Mills Jan 2019

Female Sergeants, Lieutenants, And Captains Obtaining Leadership Roles In Law Enforcement, Latoya Mills

Walden Dissertations and Doctoral Studies

The field of law enforcement is one of the most sought-after careers. People have various reasons why they choose to embark on this field of work. There are many levels of law enforcement from correctional officers to particular agents, such as patrol officers, federal officers (FBI, DEA, IRS etc). There is a lack of females that represent the field of law enforcement in numerous police divisions nationwide. Previous studies explored these deficiencies, yet they failed to examine the perspectives of high-ranking female officers. There is a gap in the literature that analyzes female officers' academy experiences, struggles, and barriers as …

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Relationship Between Time Estimation, Cost Estimation, And Project Performance, Eyas Nakhleh Jan 2019

Relationship Between Time Estimation, Cost Estimation, And Project Performance, Eyas Nakhleh

Walden Dissertations and Doctoral Studies

Although the project management role is increasing, project failure rates remain high. Project time and cost are 2 project factors that can affect the performance of the projects. The purpose of this correlational study was to examine the relationship between time estimation, cost estimation, and project performance. Data collection involved a purposive sample of 67 project sponsors, managers, and coordinators in Qatar. The theoretical framework was the iron triangle, also known as the triple constraints. Participants were randomly invited to answer 18 questions using the project implementation profile instrument. A standard multiple regression analysis was used to examine the correlation …

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Law Enforcement Perception Of Social Media As An Influence In Mass Shootings, Jazma Mekelle Parker Jan 2019

Law Enforcement Perception Of Social Media As An Influence In Mass Shootings, Jazma Mekelle Parker

Walden Dissertations and Doctoral Studies

Mass shootings have been a persistent issue in the United States, and the underlying factors that continue to influence this crime are not yet evident. This study explored the effects of social media as an influence on mass shootings in the United States. Its purpose was to address the role of social media in spreading opinionated ideologies. The research question addressed the role of social media in influencing the actions of perpetrators of mass shootings in the United States. The study framework was based on the social-ecological model to facilitate classification of the susceptibilities of social media users to adverse …

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School Resource Officers And Student Arrest Inclination, Bill B. Young Jan 2019

School Resource Officers And Student Arrest Inclination, Bill B. Young

Walden Dissertations and Doctoral Studies

The problem examined in this study was the harming of students arrested in schools and related human and fiscal costs. The purpose was to identify arrest decision-making processes of school resource officers (SROs) and non-SROs and examine how arrest inclinations may lead to the concept of a school-to-prison pipeline. Black's theory of arrest and the factors of amount of evidence, suspect demeanor, wishes of the victim, seriousness of the offense, and the relationship between victim and suspect was the theoretical framework for this study. Six research questions were tested to examine relationships between SROs, non-SROs, and the arrest of students. …

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Jamaican Kindergarten And First Grade Teachers’ Expectations For Readiness Skills, Sadie Henrietta Harris-Mortley Jan 2019

Jamaican Kindergarten And First Grade Teachers’ Expectations For Readiness Skills, Sadie Henrietta Harris-Mortley

Walden Dissertations and Doctoral Studies

Children’s readiness to meet demands in Grade 1 is a common concern in most primary schools in Jamaica. Teachers have voiced their expectations that students should display a level of mastery in readiness skills so that they can be engaged in academic tasks when they transition from the kindergarten to Grade 1. The purpose of this qualitative case study, guided by social constructivism, was to explore kindergarten students’ readiness for Grade 1 based on the perceptions of kindergarten teachers compared to Grade 1 teachers on readiness skills, instructional practices, and expectations of students’ competency. The research questions were designed to …

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Lived Experiences Of African Students With Microaggressions In U.S.-Based Higher Education Institutions, Amevi Molley Jan 2019

Lived Experiences Of African Students With Microaggressions In U.S.-Based Higher Education Institutions, Amevi Molley

Walden Dissertations and Doctoral Studies

The prevalence of microaggressions in higher education institutions in the United States is a major issue for individuals of color and international background. Microaggressions can interfere with international students' smooth transition into their new academic system and social environment. The purpose of this qualitative study with a transcendental phenomenological approach was to explore the lived experiences of Sub-Saharan international graduate students who have experienced microaggressions in a higher education institution in the United States. The racial microaggression theory and the theory of neo-racism served as a guiding conceptual framework for this study. The research question was to examine the lived …

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Disaster Preparedness: Rescue Planning For People With Disabilities, Alimata Coulibaly Jan 2019

Disaster Preparedness: Rescue Planning For People With Disabilities, Alimata Coulibaly

Walden Dissertations and Doctoral Studies

Disaster preparedness policy implementation in the United States inadequately integrates people with disabilities (PWDs), most tangibly at the local level, where PWDs do not face an equal chance for survival during disasters compared to those without disabilities. The purpose of this qualitative case study was to examine current disaster preparedness policies and procedures to identify whether local agencies are following existing laws and policies related to integration of PWDs in Orange and Riverside Counties of California. The study furthered understanding of emergency managers’ and planners’ approaches in coordinating local disaster actors and the impact of their attitudes on local preparedness …

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Big Waiver Under Statutory Sabotage, Elizabeth Mccuskey Jan 2019

Big Waiver Under Statutory Sabotage, Elizabeth Mccuskey

Faculty Scholarship

The Affordable Care Act's State Innovation waiver allows federal agencies to suspend the most controversial parts of the statute for states to pursue alternative paths, while keeping the federal funding provided by the statute. This "big waiver" provision has the potential to enable states to pursue transformative health reforms, while preserving the affordability and universal coverage aims of the federal statute. Big waivers like this one carry theoretical promise, which largely depends on the strength of the federal statute's baseline infrastructure. This Essay considers early implementation of the State Innovation waiver as a test for big waiver theory - and …

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Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars Jan 2019

Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars

Faculty Scholarship

This brief paper, created as part of a training on new technologies and evidence for MCLE New England, outlines the standards used to compel disclosure of information under the Stored Communication Act, and reviews the types of data stored on various consumer devices and their likely custodians, as well as cases and notes relevant to each devices. The paper serves as a quick introduction and checklist for those considering gathering information from these devices in the course of investigations in Massachusetts. The devices outlined include cell phones, social media platforms, secure messaging services, fitness trackers, home assistant devices (or "smart …

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The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed Jan 2019

The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed

Faculty Scholarship

In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.1 Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. 2 After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. 3 The EO announced that Immigration and Customs Enforcement …

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Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby Jan 2019

Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Military medical ethics has been challenged by the post-11 September 2001 ‘War on Terror’. Two recurrent questions are whether military physicians are officers first or physicians first, and whether military physicians need a separate code of ethics. In this article, we focus on how the War on Terror has affected the way we have addressed these questions since 2001. Two examples frame this discussion: the use of military physicians to force-feed hunger strikers held in Guantanamo Bay prison camp, and the uncertain fate of the Department of Defense’s report on ‘Ethical Guidelines and Practices for US Military …

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A Multilayer Secured Messaging Protocol For Rest-Based Services, Idongesit Efaemiode Eteng Jan 2019

A Multilayer Secured Messaging Protocol For Rest-Based Services, Idongesit Efaemiode Eteng

Journal of International Technology and Information Management

The lack of descriptive language and security guidelines poses a big challenge to implementing security in Representational State Transfer (REST) architecture. There is over reliance on Secure Socket Layer/Transport Layer Security (SSL/TLS), which in recent times has proven to be fallible. Some recent attacks against SSL/TLS include: POODLE, BREACH, CRIME, BEAST, FREAK etc. A secure messaging protocol is implemented in this work. The protocol is further compiled into a reusable library which can be called by other REST services. Using Feature Driven Development (FDD) software methodology, a two layer security protocol was developed. The first layer is a well hardened …

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Association Of Phlebotomus Guggisbergi With Leishmania Major And Leishmania Tropica In A Complex Transmission Setting For Cutaneous Leishmaniasis In Gilgil, Nakuru County, Kenya, Barrack O. Owino, Damaris Matoke-Muhia, Yasser Alraey, Jackline Milkah Mwangi, Johnstone M. Ingonga, Philip M. Ngumbi, Aitor Casas-Sanchez, Alvaro Acosta-Serrano, Daniel K. Masiga Jan 2019

Association Of Phlebotomus Guggisbergi With Leishmania Major And Leishmania Tropica In A Complex Transmission Setting For Cutaneous Leishmaniasis In Gilgil, Nakuru County, Kenya, Barrack O. Owino, Damaris Matoke-Muhia, Yasser Alraey, Jackline Milkah Mwangi, Johnstone M. Ingonga, Philip M. Ngumbi, Aitor Casas-Sanchez, Alvaro Acosta-Serrano, Daniel K. Masiga

All Peer-Reviewed Publications

Background Phlebotomus (Larroussius) guggisbergi is among the confirmed vectors for cutaneous leishmaniasis (CL) transmission in Kenya. This scarring and stigmatizing form of leishmaniasis accounts for over one million annual cases worldwide. Most recent CL epidemics in Kenya have been reported in Gilgil, Nakuru County, where the disease has become a public health issue. However, little is known about the factors that drive its transmission. Here, we sought to determine the occurrence, distribution and host blood feeding preference of the vectors, and to identify Leishmania species and infection rates in sandflies using molecular techniques. This information could lead to a better …

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