Digital Commons Network^™

Criminal Clear Statement Rules, Carissa Byrne Hessick, Joseph E. Kennedy

Faculty Publications

There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws because there are significant political incentives for them to be “tough on crime” and few incentives for them to write carefully crafted laws. The problems of over-criminalization thus seem to be both a predictable yet intractable consequence of the incentives that legislatures face. But this Article offers a novel solution: Judges should develop new clear statement rules to interpret criminal statutes. The Supreme Court has created clear statement rules to protect …

The Missing Marketplace Of Ideas Theory, Mary-Rose Papandrea

Faculty Publications

One hundred years ago, Justice Holmes embraced the marketplace of ideas in his dissenting opinion in Abrams v. United States. The same year as this centennial anniversary, Justice Kennedy, one of the most ardent adherents to this theory, retired from the Supreme Court. The dovetailing of these two events offers the perfect excuse to evaluate the marketplace of ideas in the Court’s First Amendment jurisprudence today.

The marketplace of ideas drives many of the Court’s First Amendment decisions, from the public forum doctrine to restrictions on offensive expression to campaign finance. Although the theory is not perfect, this Article …

From A "Culture Of Unwellness" To Sustainable Advocacy: Organizational Responses To Mental Health Risks In The Human Rights Field, Margaret Satterthwaite, Sarah Knuckey, Ria Singh Sawhney, Katie Wightman, Rohini Bagrodia, Adam Brown

Faculty Scholarship

This Article presents findings from a qualitative study of how individual human rights advocates perceive well-being and mental health issues within the human rights field, and how human rights organizations in all regions of the world are responding to well-being concerns. The findings are based on an analysis of 110 interviews, which include advocates at 70 human rights organizations from 35 countries and more than three dozen experts; surveys of organizational policies and practices; desk research concerning well-being and mental health; and the experiences of the coauthors working as human rights practitioners with non-governmental organizations (“NGOs”) around the world.

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Faculty Scholarship

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …

Constitutional Moral Hazard And Campus Speech, Jamal Greene

Faculty Scholarship

One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …

Investigating Vocabulary Learning Strategies Of Saudi University Students In The Us, Ahmed Abdullah Alahmadi

Electronic Theses and Dissertations Archive

The main purpose of this study was to investigate the use of vocabulary learning strategies reported by Saudi university students in the US. It also explored how the use of vocabulary learning strategies varied based on gender in this population. An explanatory mixed-methods design was used to provide an in-depth understanding of strategies employed. In the quantitative phase, data were collected using self-reported questionnaires, while semi-structured interviews were conducted to collect the qualitative data. A total of 123 students participated, eight of whom were interviewed. The quantitative results showed participants used various vocabulary learning strategies. The most common were guessing …

Borders As Documents Of Violence: Colonial Cartography And The Epidermal Border, Kalemba Kimera Kizito

Electronic Theses and Dissertations Archive

This dissertation analyzes the role of violence as constitutive and integral to border experiences. I focus on my lived experiences through transnational interaction with borders as analytical texts through which I realize that I am and have always been branded a Black man. I analyze the role of colonial cartography in the construction of the racialized body in Half of A Yellow Sun (2013) by relating the contrived mapping of Africa as symbolic of the mapping of race on to the black body. I also analyze the fixity of the colonial gaze in The Last King of Scotland (2006), focusing …

Teachers Meaning-Making Process Of Yoga As An Embodied Self-Regulation Tool In High School Environments: The High School Yoga Mat Study, Andrea Paige Pirkey

Electronic Theses and Dissertations Archive

In yoga-research applied to education, yoga is viewed as an embodied self-regulation (ESR) tool to benefit students and teachers thoughts, emotions, behaviors, and physiology. Yoga is being widely implemented into schools to facilitate academic and non-academic growth and development. Teachers are essential in providing yoga as an ESR tools to students and supporting ESR development. To understand yoga as a tool for teaching and learning ESR, this research explores three areas: (1) initial phase of introducing and educating teachers about school-based, yoga program implementation; (2) the complexities of teachers meaning-making (M-M) and learning process in understanding yoga as a tool; …

The Trump Administration And The Rule Of Law, Peter L. Strauss

Faculty Scholarship

Written for a French audience in 2017, this article sought to frame the explosive issues about the Trump presidency in relation to the American trend to strong views of the unitary executive, that in the author's view ignore the striking contrast between to propositions in Article II Section 2 of the Constitution, its only words defining presidential power. Made "Commander in chief" of the military, he is next given the power only to require the opinion in writing from the heads of the executive bodies Congress was expected to create how they intended to carry out the duties Congress had …

Mathematics For Whom: Reframing And Humanizing Mathematics, Cathery Yeh, Brande M. Otis

Education Faculty Articles and Research

"In this paper, we share a process in which we, as mathematics teacher educators and education researchers, have worked in collaboration with K–6 teachers and students to analyze the purported neutrality of mathematics textbook word problems and to consider ways to use mathematics to analyze social inequities in the world. In the sections that follow, we describe the framework that grounds our development of justice-oriented mathematics curriculum and share an example of how textbook analysis can serve as an entryway to investigations that raise students’ awareness of social issues while developing their power as mathematics thinkers and doers. Drawing from …

Early Childhood Development And The Replication Of Poverty, Clare Huntington

Faculty Scholarship

Antipoverty efforts must begin early because abundant evidence demonstrates that experiences during the first five years of life lay a foundation for future learning and the acquisition of skills. Public investments can help foster early childhood development, but these efforts must begin early and must involve both parents and children. This chapter describes the patterns of convergence and divergence in state approaches to supporting early childhood development. For the prenatal period until age three, the federal government is the primary source of funds, and there is fairly limited variation in how this money is spent across the states. For the …

Asking The Right Question: The Statutory Right Of Appraisal And Efficient Markets, Jonathan Macey, Joshua Mitts

Faculty Scholarship

In this article, we make several contributions to the literature on appraisal rights and cases in which courts assign values to a company's shares in the litigation context. First, we applaud the recent trend in Delaware cases to consider the market prices of the stock of the company being valued if that stock trades in an efficient market, and we defend this market-oriented methodology against claims that recent discoveries in behavioral finance indicate that share prices are unreliable due to various cognitive biases. Next, we propose that the framework and methodology for utilizing market prices be clarified. We maintain that …

Price And Prejudice: An Empirical Test Of Financial Incentives, Altruism, And Racial Bias, Kristen Underhill

Faculty Scholarship

Many argue that paying people for good behavior can crowd out beneficial motivations like altruism. But little is known about how financial incentives interact with harmful motivations like racial bias. Two randomized vignette studies test how financial incentives affect bias. The first experiment varies the race of a hypothetical patient in need of a kidney transplant (black or white), an incentive ($18,500 or none), and addition of a message appealing to altruism. Incentives encouraged donation but introduced a significant bias favoring white patients. The second experiment assesses willingness to donate to a patient (black or white) without an incentive and …

A Promising Start For Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

Examining the role of the law in early childhood development is not new; several legal scholars have engaged in such an inquiry, including scholars at this symposium. But this engagement has not led to a sustained debate about how the legal system can foster early childhood development, nor has it yet led to the integration of legal scholars into the interdisciplinary research on, and policy debates about, early childhood. I have argued that the creation of a new subdiscipline in family law — early childhood development and the law — would achieve these goals, sparking debate within law, bringing a …

Abortion Talk, Clare Huntington

Faculty Scholarship

Public service announcements routinely note that one in eight women will be diagnosed with breast cancer. Advocates frequently invoke the twenty percent wage gap between men and women. And educational groups often cite the (more contested) statistic that one in five women will be sexually assaulted during college. But there is another data point not regularly part of public conversation: nearly one in four women will have an abortion by the age of forty-five. The widespread — but largely secret — practice of terminating pregnancies is what Carol Sanger wants us to talk about. As much as possible.

Cross-Cultural Validation Of The Perceptions Of Stigmatization By Others For Seeking Help (Psosh) Scale, David L. Vogel, Patrick J. Heath, Kelsey E. Engel, Rachel E. Brenner, Haley A. Strass, Fatima Rashed Al-Darmaki, Patrick I. Armstrong, Niall Galbraith, Victoria Galbraith, Makilim Nunes Baptista, Marta Gonçalves, Hsin-Ya Liao, Corey Mackenzie, Mark Rubin, Mark Rubin, Nursel Topkaya, Ying-Fen Wang, Alina Zlati

All Works

Social network stigma refers to the perceived negative views about seeking help for mental health problems that are held by those closest to an individual, such as family and friends. This form of stigma predicts help-seeking attitudes and intentions beyond other forms of stigma, and is predominantly measured using the Perceptions of Stigmatization by Others for Seeking Help scale (PSOSH; Vogel, Wade, & Ascheman, 2009). However, the PSOSH was normed using samples from the United States and, until the cross-cultural validity of this measure is established, it cannot reliably be used within other countries (Miller & Sheu, 2008). As such, …

A Wintered Mind, Cody James Deitz

Theses and Dissertations

A Wintered Mind is a collection of poems that explores the space and place of North Dakota through the eyes of an outsider. Having moved to North Dakota from Southern California, the author’s experience is initially one of disorientation and displacement, but through meditative engagement with the landscape and working to understand his place in it, the author finds a place rich in austere beauty. The speaker of these poems turns often to the language of Zen Buddhism, using the North Dakotan landscape as a lens to explore inner geographies. In turn, these inner geographies implicate the reader in their …

Predicting Mental Health Court Program Outcomes Based On Individual Characteristics In Participant Profiles, Melissa M. De La Luz

Theses and Dissertations

Mentally ill offenders are overrepresented in the criminal justice system and experience increased risks of cyclic incarceration and recidivism following release. Mental health court programs were introduced to offer court ordered treatment regimens and a team of legal and behavioral health professionals as an alternative to incarceration. The goal of mental health court research is to improve graduation rates and decrease post-program recidivism by identifying participant characteristics that significantly contribute to successful program completion. This study proposed an examination of the association between characteristics of mental health court program participants and their influence on the likelihood of graduation, termination, and …

Unpacking Childhood Sexual Abuse And Eating Psychopathology Over Time: Impulsive Mechanisms And Deleterious Outcomes, Nicole M. Della Longa

Theses and Dissertations

The present investigation incorporated two independent studies to examine childhood sexual abuse (CSA) as a risk factor for eating psychopathology and to identify a potential conceptual model illustrating these constructs. Study 1 sought to investigate the associations between CSA, binge eating, and other variables over time. In a cross-sectional design, Study 2 aimed to examine these associations and additional risk-taking behaviors within a larger sample of young adults. Study 1 participants included adolescent girls, half of whom reported a history of CSA, and Study 2 participants were young adult men and women from a nationally representative community sample. In the …

Preventing Internet-Based Juror Misconduct: Investigating The Efficacy Of Prohibitive Jury Instructions, Emily Marie Carstens Namie

Theses and Dissertations

To prevent the biasing influence of information obtained outside of the courtroom courts often issue instructions to jurors that limit or prohibit certain activities and the use of information during the trial and when making verdict decisions. (i.e., prohibitive instructions). However, research indicates that mock jurors tend to ignore such instructions. Additionally, advances in mobile technology give today’s jurors easier access to potentially biasing information obtained through the internet and digital communication (e.g., social media, blogs, email, and texting). This raises the question not yet addressed by extant research, whether jurors access this information during a case, even when judges …

Characterization Of Dopamine Transporter Amino Terminal Palmitoylation And Neurotoxic Substrate Activity, Daniel Jacob Stanislowski

Theses and Dissertations

The projects described in this dissertation revolve around the functional consequences experienced by the transport protein for the neurotransmitter dopamine resulting from alterations to its palmitoylation condition or exposure to Parkinson disease-inducing transport substrates. This membrane-resident transport protein, pragmatically termed the dopamine transporter, relocates dopamine from extracellular areas of receptor sites of action to intracellular sequestration; the dopamine transporter is a powerful mediator of dopamine signaling. As such, genetic, toxicant, or chronic breakdown of dopamine transporter function is associated with multiple psychological abnormalities. Biomedical research has produced several pharmacotherapies for maladies like depression, attention deficit/hyperactivity disorder, and addiction, some of …

Experiencing Foundational Literacy: A Phenomenological Study Of Preservice Teachers' Preparation To Teach Literacy, Allison Izzo

Theses and Dissertations

The purpose of this study was to examine the lived experience of nine elementary preservice teachers who took an early foundational literacy course. This qualitative phenomenological study was conducted at a teacher education program at a mid-sized Midwestern university. The results of this study indicate that the long-term impact the foundational literacy course had on preservice teachers’ subsequent literacy methods coursework and student teaching was minimal. Interviews, course reflection papers, and teaching artifacts support the implication that without opportunities for preservice teachers to integrate foundational literacy in their literacy methods courses and to observe teachers explicitly using foundational literacy knowledge …

The Impact Of Defendant Weight On Mock Jurors’ Evaluations And Case Judgments, Stephanie Henley Weigel

Theses and Dissertations

The main objective of the current study was to extend current knowledge of extralegal factors, weight discrimination, and the culpable control model (CCM) by examining the impact of defendant weight and mock jurors’ sex on negative spontaneous evaluations (NSEs) and courtroom judgments. Explicit and implicit measures of anti-fat attitudes were investigated as mediators. The current study utilized a 3 (defendant weight: overweight, lean, control/no image) x 2 (mock jurors’ sex) between-subjects factorial design. To reduce potential bias and order effects, the study was conducted in two parts. During part one, mock jurors were randomly assigned to one of three conditions …

A Hybrid Framework For Sentiment Analysis Using Genetic Algorithm Based Feature Reduction, Farkhund Iqbal, Jahanzeb Maqbool Hashmi, Benjamin C.M. Fung, Rabia Batool, Asad Masood Khattak, Saiqa Aleem, Patrick C.K. Hung

All Works

© 2019 IEEE. Due to the rapid development of Internet technologies and social media, sentiment analysis has become an important opinion mining technique. Recent research work has described the effectiveness of different sentiment classification techniques ranging from simple rule-based and lexicon-based approaches to more complex machine learning algorithms. While lexicon-based approaches have suffered from the lack of dictionaries and labeled data, machine learning approaches have fallen short in terms of accuracy. This paper proposes an integrated framework which bridges the gap between lexicon-based and machine learning approaches to achieve better accuracy and scalability. To solve the scalability issue that arises …

Longitudinal Influence Of Shared Marital Power On Marital Quality And Attachment Security, Nathan D. Leonhardt, Brian J. Willoughby, W. Justin Dyer, Jason S. Carroll

Faculty Publications

Spouses perceiving that they have shared power in marriage has been linked to higher marital quality and attachment security. Existing research, however, is limited in assessing how these perceptions influence both spouses and whether these influences endure over time. To address these limitations, we analyzed the longitudinal relationship reports from 319 couples from the Flourishing Families Project (FFP) to estimate biyearly (Waves 1, 3, and 5) and yearly (Waves 3–5) longitudinal actor-partner interdependence models. Reporting shared power in marriage was linked to the actors’ higher marital quality and lower attachment insecurity over time (although less consistently for attachment insecurity). Longitudinal …

Inspire Newsletter Fall 2019, Missouri University Of Science And Technology. Inspire - University Transportation Center

INSPIRE Newsletters

No abstract provided.

To Find A Stairwell, Cait Porter

Theses and Dissertations

To Find a Stairwell is an exploration and written supplement to my painted works and how it relates to loss, depression, and compulsive tendencies. Through examples of my own paintings and the research and influences leading my education is an articulate web chronicling two years of work from a focus in abstract painting to a place where representation and abstraction intersect.

Protocol For The Electroencephalography Guidance Of Anesthesia To Alleviate Geriatric Syndromes (Engages-Canada) Study: A Pragmatic, Randomized Clinical Trial, Alain Deschamps, Jordan Oberhaus, Angela Mickle, Arbi Ben Abdallah, Michael S Avidan, Et Al.

2020-Current year OA Pubs

No abstract provided.

Final A&Oer Report: Psych 6700 Training And Development, Taught In Spring 2019, Nathan W. Weidner

Resources

No abstract provided.

A Two-Fold Study Of Equine Weaning Practices And Behaviours Displayed Following Mare Removal, Catherine Mcmeeking

School of Biological and Marine Sciences Theses

The behavioural effects on the foal and dam during weaning in horses are well documented and it is commonly agreed that both are likely to suffer from stress at this time. Many different weaning methods are employed worldwide, with no indication of the least stress inducing. This study has two aims. First, to document frequency of weaning method, type of breeder, foal age at the time of mare removal and reason for use of weaning method. Second, to compare behaviours following abrupt and gradual weaning methods. The first aim was addressed by a questionnaire distributed globally via social media and …