Digital Commons Network^™

A Softer, Simpler View Of Chevron, Peter L. Strauss

Faculty Scholarship

Justice Kennedy's concurrence in Pereira gives reason to hope that the Court may be finally catching on to the difficulties it created by Chevron's opening language, as distinct from its inherent reasoning. When courts quote language like "precise question" and "permissible" to limit themselves (as Justice Scalia and others unfortunately tended to reinforce by their quotations from the opinion), they stray not only from judicial function but also from the statute (APA) that instructs them how to review, and which strangely the opinion does not mention. But Chevron actually (a) independently found and defined a statutory gap within which …

Embedding Content Or Interring Copyright: Does The Internet Need The "Server Rule"?, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

The “server rule” holds that online displays or performances of copyrighted content accomplished through “in-line” or “framing” hyperlinks do not trigger the exclusive rights of public display or performance unless the linker also possesses a copy of the underlying work. As a result, the rule shields a vast array of online activities from claims of direct copyright infringement, effectively exempting those activities from the reach of the Copyright Act. While the server rule has enjoyed relatively consistent adherence since its adoption in 2007, some courts have recently suggested a departure from that precedent, noting the doctrinal and statutory inconsistencies underlying …

Overcoming Impediments To Offshore Co2 Storage: Legal Issues In The U.S. And Canada, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered. The techniques developed for CCS can also be used to sequester carbon dioxide that has been removed from the atmosphere using direct air capture or other negative emission technologies. Past CCS …

The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan

Faculty Scholarship

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.

Our results suggest …

2018-2019 Charter Schools Office Annual Report, Grand Valley State University

CSO Annual Reports

No abstract provided.

2019 School Performance Report: Innovation In Learning, Grand Valley State University

Portfolio Performance Reports

No abstract provided.

2018-2019 Michigan Council Of Charter School Authorizers (Mccsa) Annual Report, Bay Mills Community College, Central Michigan University, Detroit Public Schools Community District, Saginaw Valley State University, Oakland University, Northern Michigan University, Lake Superior State University, Grand Valley State University, Eastern Michigan University, Ferris State University

CSO Related Reports

No abstract provided.

Landscaping For Season Long Color, Jaydee Gunnell, Sheriden M. Hansen, Linden Greenhalgh, Holly Christley

All Current Publications

This fact sheet describes plants that can give landscapes color all season long with blooms in spring, summer, fall and winter interests. It includes a listing of trees, shrubs, perennials, vines, ground covers, bulbs, and ornamental grasses.

Spotted Lanternfly [Lycorma Delicatula (White)], Lori R. Spears, Ann Mull

All Current Publications

This fact sheet describes spotted lanternfly, an invasive planthopper that is native to China and first detected in the U.S. in 2014. It includes information on plant hosts, damage symptoms, life history, monitoring, and management,

A Guide To Municipal Water Conservation Pricing In Utah, Eric C. Edwards, Sara A. Sutherland

All Current Publications

This fact sheet provides information on the use of price to encourage water conservation in Utah.

Minimizing Regrowth When Removing Russia Olive = Points To Consider, Dennis Worwood, Ron Patterson, Steve Price

All Current Publications

This fact sheet provides the results of a variety of trials conducted to gain a greater understanding of the patterns of Russian olive regrowth and determine management practices that reduce the regrowth potential of mechanically-removed Russian olive.

Vegetable Irrigation: Leafy Greens, Dan Drost, Tiffany Maughan

All Current Publications

Different irrigation methods are commonly used to irrigate leafy greens, each with different management considerations. Furrow irrigation is quite common but many growers are converting to use drip irrigation to save water, improve plant growth, and optimize productivity. Regardless of the irrigation system used, there are some basic principles to understand that will help ensure proper irrigation. This fact sheet discusses these basic principles.

Strawberry Cultivars For The Intermountain West - Research Report, Tiffany Maughan, Brent Black, Shengrui Yao, Robert Flynn

All Current Publications

This fact sheet reports on a strawberry cultivar trial conducted at New Mexico State University’s Alcalade facility.

Leadership Keys: Unlocking Doors To Success, Cindy Nelson

All Current Publications

This leadership curriculum is designed to teach leadership skills to adolescents using the leadership keys theme and fun, hands-on activities. The five lessons are intended to be used in a series, but lessons and activities may be successfully used individually.

Greater Sage-Grouse Translocations: The Science Behind Utah's Conservation Policy, Michel Kohl, Melissa Chelak, Terry Messmer

All Current Publications

This fact sheet discusses the history of translocating greater sage-grouse in Utah. This includes information on protocols, success rates, and genetic implications.

Becoming A Better Therapist: Eight Lessons From Running, Kelsey Hyde

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

This paper seeks to identify lessons that can be taken from the sport of running to serve as a map for learning skills needed to become a better therapist. The practice of running mirrors the practice of learning therapy skills. This paper takes the lens of how to practice to become a better runner and applies it as a new approach to skill development for therapists. Additionally, this paper incorporates self-reflection and disclosure as I myself identify as a female runner and therapist. I will use personal examples to highlight the ways that lessons from running have served as a …

Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo

Articles

Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs.

PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …

Supporting Nursing Home Staff Through Person-Centered Care Practices, Diana White, Sarah Dys, Jaclyn Winfree, Serena Hasworth, Ozcan Tunalilar

Institute on Aging Publications

Policies and practices have increasingly focused on person-centered care (PCC) to improve quality of life for long-term care residents and staff. Adequate staffing has been a consistent barrier to implementing and sustaining PCC practices. The purpose of this paper is to explore the association between job satisfaction and PCC practices. This research was conducted in a stratified random sample of 33 Oregon nursing homes which were representative in terms of quality, profit/nonprofit ownership, and urban/rural location. Data were collected from 415 staff who completed the staff assessment of person-directed care, direct care worker job satisfaction scale, turnover intention, and organizational …

The Impact Of Racism On The Personal And Professional Lives Of Student Affairs Professionals: A Mixed Methods Study, Trent A. Pinto

Antioch University Dissertations & Theses

The phenomenon of racism in our world is deeply tragic, with historical roots that pervade college campuses and the work of student affairs professionals no less than elsewhere in society. In fact, a premise of this research is that the American university as an institution was founded on White dominance and privilege. Today the effects of racism still trickle into the personal and professional lives of those working in student affairs. This study was aimed at understanding the problem through the eyes and experiences of student affairs professionals. The overarching research question was how do incidents of racism on campus …

Risk Management For Persons With Serious Mental Illness: A Process Analysis Of Washington State Department Of Corrections' Tools, Martin J. Tobin

Antioch University Dissertations & Theses

Although many evidence-based techniques are outlined in the literature, systems often assess, plan, and mitigate risk for Persons with Serious Mental Illness (PSMI) in significantly divergent ways. For more than 20 years now, the Washington State Department of Corrections has relied on the Offender Reentry Community Safety Program (ORCSP) to appraise dangerousness and presence of mental disorder, utilizing a staged process that considers a wide-ranging set of criminogenic and non-criminogenic variables. A growing body of research suggests that the ORCSP is effectively decreasing recidivism through collaborative reentry planning and mitigation between mental health and criminal justice professionals; however, whether ORCSP …

Exploring The Effectiveness Of Social And Digital Media Communications On Organization-Public Relationship Building With Employees, Iris Cumberbatch

Antioch University Dissertations & Theses

More than a decade after the emergence of social and digital media, professional communicators increasingly use these channels to interact with a wide array of stakeholders. Simultaneously, public relations (PR) and communications leaders seek to understand whether their efforts to communicate and engage with stakeholders through these channels are effective in establishing and building relationships, as well as to measure “effectiveness” in the new technology-driven communications landscape. With this study, I addressed a gap in the academic research with regard to understanding the effectiveness of social and digital media as a communications tool by assessing employees’ perceptions of their organization …

The Trust Decoder™: An Examination Of An Individual's Developmental Readiness To Trust In The Workplace, Molly Breysse Cox

Antioch University Dissertations & Theses

This research explores an individual's self-perception of their own ability, motivation, and propensity to trust others for the purpose of validating a new construct: developmental readiness to trust others in the workplace. This construct expands research on developmental readiness to change and to lead by building a scale to measure an individual's motivation and ability to trust others in the workplace. A previously validated scale developed by Frazier, Johnson, and Fainshmidt 2013 measuring propensity to trust was included the scale building process. All items measuring motivation to trust were newly developed for this study, items measuring trust ability were adapted …

Servant Leadership Characteristics And Empathic Care: Developing A Culture Of Empathy In The Healthcare Setting, Mark Anthony Martin

Antioch University Dissertations & Theses

The purpose of this study was to assess the degree to which servant leadership characteristics are exhibited in medical group practices, and the degree to which servant leadership characteristics correlated with measures of empathic care. This study featured an explanatory mixed methods research design embedded in appreciative inquiry. A total of 189 mid-level practitioners consisting of nurse practitioners, physician assistants, and practice mangers responded to a 32-item scale survey that featured a six-point Likert scale to measure servant leadership items and a 10-point continuous scale to assess measures of empathic care. The servant leadership items were based on the seven …

Blurred Lines Between Role And Reality: A Phenomenological Study Of Acting, Gregory Hyppolyte Brown

Antioch University Dissertations & Theses

When an actor plays a character in a film, they try to connect with the emotions and behavioral patterns of the scripted character. There is an absence of literature regarding how a role influences an actor’s life before, during, and after film production. This study examined how acting roles might influence an actor during times on set shooting a movie or television series as well as their personal life after the filming is finished. Additionally the study considered the psychological impact of embodying a role, and whether or not an actor ever has the feeling that the performed character has …

Spring/Summer 2019

University of Richmond Magazine

No abstract provided.

Autumn 2019

University of Richmond Magazine

No abstract provided.

Pass The "Idea": Following Bilingual Mathematics Discussions [Pásame La "Idea": Siguiendo Discusiones Matemáticas Bilingües], Gladys Krause, Melissa Adams Corral, Luz A. Maldonado

Teaching and Learning Faculty Publications

In this study we document how a mathematical idea, shared by a student, changes the development of the class discussion. Our work characterizes the flexible and open dynamics in mathematics instruction that a teacher adopts to give her students control of their own mathematical ideas. Our work argues that this flexibility is necessary for teachers to engage in instructional practices that respond to students' mathematical thinking. To demonstrate the teacher's flexibility we use the analogy of soccer, relying on the literature of Game Sense coaching approach, which suggests that the coach (the teacher in our context) is positioned to manipulate …

Crafting Communities Of Writers: Advice From Teens, Ann D. David, Annamary Consalvo, Amy Vetter

Education Faculty Publications and Presentations

The authors interviewed teens in five states to catalog their ideas about how teachers can build communities of writers.

Machine Learning At The Patent Office: Lessons For Patents And Administrative Law, Arti K. Rai

Faculty Scholarship

The empirical data indicate that a relatively small increment of additional U.S. Patent and Trademark Office (“Patent Office” or “USPTO”) investment in prior art search at the initial examination stage could be a cost-effective mechanism for improving accuracy in the patent system. This contribution argues that machine learning provides a promising arena for such investment. Notably, the use of machine learning in patent examination does not raise the same potent concerns about individual rights and discrimination that it raises in other areas of administrative and judicial process. To be sure, even an apparently easy case like prior art search at …

Wto Dispute Settlement: Can We Go Back Again?, Rachel Brewster

Faculty Scholarship

The world's twenty-year experiment with a rule-based international trading order is most likely ending. Trade wars are raging again for the first time in two decades as World Trade Organization (WTO) members unilaterally impose and counterimpose sanctions. In Geneva, the WTO Appellate Body, whose existence is essential to the functioning of the WTO Dispute Settlement Understanding (DSU), is on a trajectory to shut down in December 2020. For all the fireworks, however, many commentators retain an optimism that the recent events will be a passing phase and that the world will return to a more law-oriented trading system after the …