Digital Commons Network^™

When Law Frees Us To Speak, Jonathon Penney, Danielle Citron

Articles, Book Chapters, & Popular Press

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, law has an equally important expressive role. In this article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role—its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …

The Ghosts Of Mier: Violence In A Mexican Frontier Community During The Nineteenth Century, Jamie Starling

History Faculty Publications

On April 23, 1852, Ramona de la Peña became a widow for the second time when she buried Eusebio García at the Inmaculada Concepción Parish of Ciudad Mier, Tamaulipas. The priest who conducted the burial, Father José Luis Gonzaga García, had ministered to her family over the previous thirteen years and baptized five of the couple’s children. He christened their youngest, Gregorio, about a year earlier. On the day of the burial, the priest wrote a sacramental record that described Eusebio García’s death “in the hands of the Americans” (en manos de los americanos). He was one of eight Mexicans …

The Ghost Story Of The Great War: Spiritualism, Psychical Research And The British War Experience, 1914-1939., Kyle Falcon

Theses and Dissertations (Comprehensive)

This dissertation examines the role of the Great War in shaping British spiritualism and psychical between 1914 and 1939. Spiritualism can be defined as the belief in the survival of the human personality and the possibility of communication with the dead, particularly through the séance. Psychical research represented a more scientifically oriented and research focused approach to the supernatural. These movements originated in the nineteenth century as traditional religious authority waned. Meanwhile, scientists had harnessed unseen forces to make wireless communications possible, while others probed the mysterious world of the unconscious mind through trance. Spiritualism and psychical research flourished in …

Legal Ethics And Canada's Military Lawyers, Andrew Martin

Articles, Book Chapters, & Popular Press

English Abstract: Military lawyers—lawyers who are legal officers in the Canadian Forces— are virtually ignored in the Canadian legal literature. This article assesses what appear to be the most striking potential legal ethics issues facing military lawyers. Several of these issues arise because military lawyers are both lawyers and military officers at the same time, and therefore face two sets of obligations that interact in complex ways. Some issues, however, arise because of the special practice contexts of military lawyers, for example, advising military commanders on the law of armed conflict. As context for this discussion, the article examines the …

Money And The Downfall Of A Democracy Economic Crises And The Weimar Republic, Leshan Xiao

History - Master of Arts in Teaching

I. Synthesis Essay……………………………….2

II. Primary Documents and Headnotes……….32

III. Textbook Critique…………………………….45

IV. New Textbook Entry…………………………48

V. Bibliography…………………………………..54

Virtual Hatred: How Russia Tried To Start A Race War In The United States, William J. Aceves

Faculty Scholarship

During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential campaign, a more pernicious intervention took place. Throughout the campaign, Russian operatives created hundreds of fake personas on social media platforms and then posted thousands of advertisements and messages that sought to promote racial divisions in the United States. This was a coordinated propaganda effort. Some Facebook and Titter posts denounced the …

Influence Of Combat Veterans’ Attitudes And Behaviors On Community Reintegration, Nicole Dawn Cmerek

Walden Dissertations and Doctoral Studies

A civil-military divide exists within the United States and is perpetuated by a distinct lack of communication between the civilian and military sectors within the population. The purpose of this correlational study was to examine whether attitudes and behaviors of combat veterans affect their positive reintegration into civilian communities. Binder’s social ecology theory provided the framework for the study. Data were collected from 255 combat veterans who responded to a survey. Results were analyzed using a hierarchical multiple linear regression model to determine the influence of military job satisfaction, post-deployment stressors, post-deployment support, and civic engagement on community reintegration efforts, …

Effectiveness Of The Special Domestic Violence Criminal Jurisdiction Of The Tulalip Tribe, Marie Frances Natrall

Walden Dissertations and Doctoral Studies

Native American women have been historically disadvantaged as victims of domestic violence. These hardships were primarily due to a policy that limited Native American tribes’ criminal jurisdiction over non-Native individuals on Native American reservations. This policy changed with the passage of the Special Domestic Violence Criminal Jurisdiction (SDVCJ) in 2013. This qualitative case study employed the social construction of target populations conceptual framework to explore the experiences of tribal officials and judicial officers of the Tulalip tribe. Data were collected through semi-structured interviews with 9 key informants selected through purposeful sampling on the basis of their role within the Tulalip …

The Rise Of American Extremism: An Exploratory Analysis Of American Religious And Political Extremism From Presidents Jimmy Carter To Barack Obama: 1977-2016, Alwyn J. Melton

Department of Conflict Resolution Studies Theses and Dissertations

The purpose of this quantitative case study was to address the problem of domestic terrorism facing the United States. This concern led to a comprehensive examination of historical documents that focused on the temporal evolution of the problem beginning with the Carter administration and continuing through the Obama administration. The conceptual foundation centered on resolving the research question and validating three hypotheses directed at qualifying the escalation of domestic incidents of terrorism. This led to developing a behavioral model to assist law enforcement agencies in combating the issue of domestic terrorism. Bivariate and clustering statistical analysis validated the data while …

“Square Peg In A Round Hole” An Interpretative Phenomenological Analysis Of Workers’ Experiences With Workplace Conflict, Katherine Joanna Sosa

Department of Conflict Resolution Studies Theses and Dissertations

Conflict is a predictable aspect of organizational life. Research indicates that workers spend the majority of their lifetime at work and that unresolved conflict is one of the largest reducible costs in organizations. However, the majority of employee conflicts are not accurately addressed by rights-and-power based conflict management systems. This Interpretative Phenomenological Analysis (IPA) study explored the experiences and perceptions of workers who had been involved in an unresolved or escalated workplace conflict that was of consequence in their lives. The study sought to learn how it impacted them and how they made sense of the conflict, their organizations, and …

Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel

Journal of Dispute Resolution

No abstract provided.

State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon

Journal of Dispute Resolution

No abstract provided.

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Brooklyn Law Review

Through the power of eminent domain, President Donald Trump is seeking to take properties owned by private landowners and Native American tribes, including people’s homes and businesses, to build a continuous physical wall along the two thousand-mile border between the United States and Mexico. He has even partially shut down the government for the longest period in history in order to pressure Congress to fund his wall. Substantial evidence suggests that this massive government condemnation scheme will not effectuate Trump’s primary purpose: to stop illegal immigration. If Trump succeeds, then potentially thousands of people from all racial backgrounds will lose …

The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson

Brooklyn Law Review

This article examines how terror non-states, such as ISIS and Boko Haram, blur the distinctions between non-state actors and states under international law. Terror non-states’ confounding of this dichotomy undermines the efficacy of international human rights law in the territories that they control, complicates responsive foreign military intervention, and confuses the appropriate legal framework that governs armed conflicts in which they are involved. This article assesses these challenges and makes recommendations from a perspective that gives primacy to the protection and liberation of vulnerable populations. The article recommends that the United Nations Security Council pass a resolution that mandates that …

Rigidity And Adaptation, Roger Karapin, Leonard Feldman

Publications and Research

No abstract provided.

President Rutherford B. Hayes Tours The Southwest Territories, Dave Devine

New Mexico Historical Review

No abstract provided.

State Counter-Insurgency And Political Policing In Colonial And Post-Colonial Malawi, 1891-1994, Paul Brenard Chiudza Banda

Graduate Theses, Dissertations, and Problem Reports (ETD)

This is a study that adopts the longue durée historical approach to analyze the main causes behind the rise of ‘insurgencies’ or the so-called resistance against the colonial and post-colonial state in the present-day southern African country called Malawi from 1891 to 1994. In turn, it also uses the concept of ‘counter-insurgency’ to analyze the various measures the states in question used to defeat the ‘insurgents’. To arrive at the conclusions made in the study, I have migrated through various domestic and transnational spaces, personalities, and documents that inform the current study. I also adopt two main historical approaches to …

Henosis Experience In Gaming: A Metric For Adjustments To Global Schema And Appraised Meaning, Evan Robert Watts

Graduate Theses, Dissertations, and Problem Reports (ETD)

Meaningfulness is a media gratification distinct from enjoyment characterized by feelings of insight, contemplation, and poignancy. Video games, too, can elicit experiences of meaningfulness, but the mechanisms underlying meaningfulness are unclear and in need of further exploration. Adapting work from existential psychology, this research proposes the construct of henosis as one mechanism that might contribute to meaningful video game experiences. Henosis is a response to experiences in which a person’s fundamental schema about the world (global schema) is challenged by an event which contradicts this schema. Henosis describes the process by which this discrepancy is resolved via either reappraising the …

Towards An Aristotelian Theory Of Care: A Comparison Of Neo-Aristotelian Virtue Ethics With Feminist Ethics Of Care, And The Fundaments Of A Virtue Ethical Theory Of Care, Steven Steyl

Theses

The intersection between virtue and care ethics is underexplored in contemporary moral philosophy. This thesis approaches care ethics from a neo-Aristotelian virtue ethical perspective, comparing the two frameworks and drawing on recent work on care to develop a theory thereof. It is split into seven substantive chapters serving three major argumentative purposes, namely the establishment of significant intertheoretical agreement, the compilation and analysis of extant and new distinctions between the two theories, and the synthesis of care ethical insights with neo-Aristotelianism to generate a virtue ethical theory of care. In the first two chapters, I outline virtue ethics and care …

Training Friends And Overseas Relief: The Friends Ambulance Unit And The Friends Relief Service, 1939 To 1948, Nerissa Kalee Aksamit

Graduate Theses, Dissertations, and Problem Reports (ETD)

This transnational case study investigates the establishment and development of training programs by two British faith-based voluntary relief organizations, the Friends Ambulance Unit (FAU) and the Friends Relief Service (FRS), during the Second World War and explores the implementation of learned skills by members of those organizations working during the immediate postwar period in the British Occupation Zone in Germany. It contributes new perspectives to scholarship on humanitarianism as it highlights both the continuities and ruptures in the approaches to and practices of humanitarian aid. It identifies the Quaker traditions that shaped the work of the FAU and FRS—particularly the …

The Song Remains The Same: Reconciling Nikephoros Bryennios’ Materials For A History, James Gilmer

Browse all Theses and Dissertations

The following thesis presents new perspectives on the representation of Byzantine generals during the eleventh century, focusing specifically on parallel representations of Nikephoros Bryennios the Elder. I will argue that Byzantine chroniclers routinely employed the language of Byzantine military manuals as a template to describe the generals who populate the pages of their works. This tendency created a shared language of praise and censure which chroniclers applied to the generals whose reputation they sought either to exalt or to tarnish. The career of Nikephoros Bryennios the Elder as it is presented in the History of Michael Attaleiates and the Materials …

Al-Qaida, Boko Haram, And Isis: Tracking The Shift In Women’S Involvement, Anna Therese Beavers

Honors Theses

This paper discusses the shift in women’s roles in Islamic extremist groups over the last two decades. Focusing on three violent Sunni groups, al-Qaida, Boko Haram, and ISIS, the research aims to fill gaps in United States and global counterterrorism and reintegration efforts by providing a comprehensive, accurate, and timely assessment of the recent change in women’s roles in terrorist organizations, shifting from foundational to limited operational to fully operational. The shift occurred and continues to unfold as several moving parts have fallen into place to create this situation. Women’s desire to participate at a more operational level, the need …

Economic Advancement Across The European Playing Field, Zac Herring

Honors Theses

This project seeks to examine the relationship between economic history, soccer, and economic institutions in countries who have attained varying levels of success on the soccer field and economically. The work of several influential scholars in recent decades has drawn attention to the need for a shift in the goal for economic achievement from industrialization to institutional effectiveness. This study develops a model to further understand the relationship between economic achievement and soccer success. It then includes case studies of three countries from the model in order to further understand the impact of the institutions that have a significant presence …

Manufacturing Resilience On The Margins: Street Gangs, Property, &Vulnerability Theory, Lua Kamál Yuille

Penn State Law Review (2003 - Present)

Within law, contemporary street gangs are cast as corporatized criminal enterprises, whose primary goal is the acquisition of illicit economic capital. The sophistication of corporate gangs has led to the development of novel control mechanisms like gang injunctions, which are civil legal remedies employed to disperse unwanted gang activity from protected communities. This article suggests that the idea of propertyand the vulnerability associated therewith-is central to understanding gangs. Accepting the well-established proposition that gangs arise due to the unavailability or inaccessibility of markets for mainstream and legitimized forms of capital, this article argues that gangs are best understood as corporate …

Vi Et Armis: Londoners And Violent Trespass Before The Common Pleas In The Fifteenth Century, Lindsey Mcnellis

Graduate Theses, Dissertations, and Problem Reports (ETD)

Civil litigation in early fifteenth-century England encompassed a variety of actions, but only one writ covered acts of violence: trespass vi et armis. These writs, all before the central Court of Common Pleas, detail a variety of violent torts, or wrongs, such as housebreaking, theft, imprisonment, abduction, and assault. The Londoners who entered pleadings in this court between 1405 and 1415 have left a fascinating glimpse into both interpersonal violence and the world of savvy litigators. Through a close examination of eighty-two cases, I demonstrate that Londoners were knowledgeable litigants who used the Court of Common Pleas and its …

Stockmanship Education And Evaluation, John K. Yost

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation documents two separate works. The first is an evaluation of WVU SFMS/SOIDC Large Animal Module and the second is the development and use of the Stockman’s Scorecard. The WVU SFMS/SOIDC Large Animal Module provides foundational information on food animal husbandry and veterinary procedures to SOF Combat Medic candidates. A quasi-experimental design was used to determine if the module content resulted in an increase in food animal production knowledge for the participants. Seventy-five percent of the subjects had no previous livestock exposure and only seven percent had previously participated in 4-H or FFA. Matched pair analysis determined that the …

Evaluating Post-Fire Plantation Restoration In A Mixed Conifer Forest In The Sierra Nevada, Iris C. Allen

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forests in the western United States have experienced a shift from historical disturbance regimes in the past century. Many of these changes were induced by European settlers logging the forests and suppressing fires. In the past, the dry mixed conifer forests of California’s Sierra Nevada mountains experience frequent, low to mixed severity fires. This fire regime helped maintain a heterogeneous landscape comprised of groups of trees and openings. However, due to fire suppression and high grading logging, forest structure has changed; there are less openings and more small, fire-intolerant trees that can carry a fire into the forests crown. The …

State Capacity And Terrorism In The Developing World, Coty J. Martin

Graduate Theses, Dissertations, and Problem Reports (ETD)

What are the most influential factors to the rise of terrorist groups in the developing world? From Nigeria to Indonesia, various groups have conducted devastating attacks, against fellow citizens and international visitors. Hendrix and Young (2014) find military capacity may encourage the use of terrorism while bureaucratic measures depress them. Further investigation into underlying catalysts for mobilization is required before we can explain the rise in activity of terrorist organizations in these regions. I expect as measures of military capacity increase that terrorism increases while increases in administrative capacity reduce terrorist activity. I also expect indirect factors such as repressive …

Liberation By Emigration: Italian Communists, The Cold War, And West-East Migration From Venezia Giulia, 1945-1949, Luke Gramith

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the years after World War II, several thousand Italians from the Italo-Yugoslav borderlands emigrated eastward across the emerging Iron Curtain, hoping to start new and better lives in Communist Yugoslavia. This dissertation explores what these migrants hoped Communism would be and how the experiences of everyday life under the preceding Fascist dictatorship shaped these hopes. It suggests that these Italians envisioned Communist society as one purged of certain social categories—shopkeepers, foremen, and piecework clerks—who had become known as quintessential Fascists due to the way Fascism interwove itself with local power. Marxist doctrine played a relatively minor role in shaping …

Breaking And Remaking The Mason-Dixon Line: Loyalty In Civil War America, 1850-1900, Charles R. Welsko

Graduate Theses, Dissertations, and Problem Reports (ETD)

Between 1850 and 1900, Americans redefined their interpretation of national identity and loyalty. In the Mid-Atlantic borderland of Maryland, Pennsylvania, Virginia, and West Virginia this change is most evident. With the presence of a free state and slave states in close proximity, white and black Americans of the region experienced the tumult of the Civil War Era first hand. While the boundary between freedom and slavery served as an antebellum battleground over slavery, during the war, the whole region bore witness to divisions between the Union and Confederacy as well as to define what loyalty and nation meant. By exploring …