Digital Commons Network^™

"Balancing" Free Expression And Religious Feelings In E.S. V. Austria: Blasphemy By Any Other Name?, John G. Wrench

Case Western Reserve Journal of International Law

The European Court of Human Rights’ 2018 decision in E.S. v. Austria upheld an Austrian court’s conviction based on “disparaging religious doctrine.” The Court took this opportunity to reaffirm problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU’s modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court’s struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court’s recent decision, and suggests future paths to recalibrate the Court’s approach …

The Truth Is Not Always In Black Or White: Facts And Fictions Surrounding The David Walker Family Lynchings

Jackson Purchase Historical Society Journal Archive

The Truth Is Not Always in Black or White: Facts and Fictions Surrounding the David Walker Family Lynchings

Melinda Meador

Cooking The Kentucky Way

Jackson Purchase Historical Society Journal Archive

Cooking the Kentucky Way

Bobbie Smith Bryant

Student Nurses, Increasing Placement Capacity And Patient Safety. A Retrospective Cohort Study, Graham R. Williamson, Adele Kane, Jane Bunce

School of Nursing and Midwifery

No abstract provided.

Dementia And Its Relationship With Suicidality: A Critical Interpretive Synthesis, G Hodge

School of Nursing and Midwifery

This article used a critical interpretive synthesis model which interpreted data associated with the subject of suicidality in dementia. A sample frame was used to determine the quality and relevance of extracted data, and finally to construct a critical interpretive synthesis. Data were extracted from eight key papers. Results The review and synthesis concluded with eight synthetic constructs, and two concluding synthesised arguments. Argument one was the substantial increased risk of suicidality in people diagnosed with dementia and clinical depression. The second argument was that end-of-life discussions are common place in people with a dementia diagnosis and their families. Conclusion …

Government Policy Around Inclusive Education In The Uk And The Implications For Children, Families And Teachers, E Done

School of Law, Humanities and Social Sciences

The relevance and value of a post-structuralist theoretical orientation when considering inclusion-related policy will be briefly explained, followed by the identification of recurrent themes in a post-structuralist analysis of UK policy developments. These themes include: a confused policy landscape that EY teachers must navigate, rights as a necessary but not sufficient condition of inclusion, and inclusion as an ethical (not economic) project that rejects deficit models of disability. Foucault (1982, p.778) insists on checking “the type of reality with which we are dealing” and, relatedly, the historical conditions of prevailing discursive fabrications to provide “historical awareness of our present circumstance”. …

Crowdsourcing Hypothesis Tests: Making Transparent How Design Choices Shape Research Results., Justin F. Landy, Ml Jia, Isabel L. Ding, Domenico Viganola, Warren Tierney, Anna Dreber, Magnus Johannesson, Thomas Pfeiffer, Charles R. Ebersole, Quentin F. Gronau, A Ly, Den Bergh D Van, Maarten Marsman, Koen Derks, E-J Wagenmakers, Andrew Proctor, Daniel M. Bartels, Christopher W. Bauman, William J. Brady, F Cheung, Andrei Cimpian, Simone Dohle, M. Brent Donnellan, Adam Hahn, Michael P. Hall, William Jiménez-Leal, Dj Johnson, Richard E. Lucas, Benoît Monin, Andres Montealegre

School of Psychology

No abstract provided.

Predicting Beach Rotation Using Multiple Atmospheric Indices, Mark Wiggins, Tim Scott, Gerd Masselink, R. Jak Mccarroll, Paul Russell

School of Biological and Marine Sciences

No abstract provided.

Slaying The Leviathan: How Inconsistent Restrictions On State Immunity Undermine The Rule Of Law, Bailey Roe

American University International Law Review

No abstract provided.

Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos, Tomás Pascual Ricke

American University International Law Review

No abstract provided.

Alibaba, Amazon, And Counterfeiting In The Age Of The Internet, Daniel C.K. Chow

Northwestern Journal of International Law & Business

The advent of e-commerce marketplaces such as Alibaba and Amazon in the new millennium has led to the proliferation of the sale of counterfeit goods around the world through the Internet. Brand owners find that Internet counterfeiters operating in the digital world present even more challenges than those using only brick-and-mortar operations. Internet counterfeiters have unprecedented access to consumers. They use false identities and addresses and vanish into cyberspace at the first sign of trouble. Brand owners seeking help from Alibaba and Amazon to remove listings of counterfeits have become frustrated by their convoluted and labyrinthine notice and take-down procedures. …

Chasing The Fruits Of Misery: Confronting The Historical Relationships Between Opioid Revenues, Offshore Financial Centers, And International Regulatory Networks, Stephen C. Wilks

Northwestern Journal of International Law & Business

As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. …

Crowding Out Theory: Protecting Shareholders By Balancing Executives’ Incentives In France, The United States, & China, Palden Flynn

Northwestern Journal of International Law & Business

This paper explores the differences between executive compensation regimes in France, the United States, and China. It asks whether there is a link between state regulation of real options as a form of executive compensation and state regulation of shareholder protections. This paper argues that if a country regulates the use of real options as compensation, then that country is also more likely to have strong shareholder protection laws. This argument seems to be true based on a descriptive review of executive compensation law and shareholder protections in France, the United States, and China.

If it is true that countries …

Can Smart Contracts Enhance Firm Efficiency In Emerging Markets?, Kevin J. Fandl

Northwestern Journal of International Law & Business

Blockchain technology has the potential to eliminate one of the most significant barriers to economic growth through private business transactions in developing countries—lack of trust. In a typical developed country, individuals and firms conduct transactions within an institutional environment that offers security through the enforcement of agreements. Transparent and effective courts, while imperfect to be sure, enable parties to feel secure in their transactions even if their level of trust in the other party is low. This security, in turn, facilitates transactions far afield from high-trust relationships (e.g., immediate relatives), generating transactions based upon economic value rather than party trust …

Disinheriting Your Children: A "Non" "Non" In France, An Accepted Use Of Testimentary Freedom In America, Eva Saulnier

Case Western Reserve Journal of International Law

Inheritance law or—as called in Europe—private law was developed in the shadow of different historical, social, cultural, and economic circumstances. Consequently, countries adopted various characteristics for the disposition of property at death. But with today’s growing globalization, the national regulations’ differences are becoming a growing issue for multinational families.

This Note examines cross-border inheritance through the lens of a current multinational inheritance battle. The late French singer Johnny Hallyday’s testamentary documents disinheriting his two eldest children and asking for Californian law to be applied to his estate is currently being challenged. While freedom of testation and the testator’s intent are …

Beyond The Crossroads Of Magic, Health, And Well-Being, Steven Bagienski, Gustav Kuhn

School of Psychology

Magicians and scientists have begun collaborating to gain insight into various psychological functions. However, one underexplored area is the use of magic tricks to enhance health and well-being. Several magic programmes currently use magic tricks to enhance cognitive, emotional, social, and physical well-being. The applications of these magic programmes range from physical and psychological therapies to gang prevention, hospitals and classrooms. A few programmes have been empirically investigated and there is now a growing number of empirical studies that explore the well- being value of magic. Therefore, we conducted an up-to-date summaryreview of magic, health, and well-being. These studies are …

Occurrence And Assemblage Composition Of Intertidal Non-Native Species May Be Influenced By Shipping Patterns And Artificial Structures, Kathryn A. O'Shaughnessy, Stephen J. Hawkins, Anna L.E. Yunnie, Mick E. Hanley, Paul Lunt, Richard C. Thompson, Louise B. Firth

School of Biological and Marine Sciences

Habitat modification coupled with the spread of non-native species (NNS) are among the top threats to marine biodiversity globally. Species are known to be transported to new locations via international shipping and secondarily spread via regional vessels and artificial structures. Rapid Assessment Surveys (RAS) combining quantitative and semi-quantitative methods compared NNS richness and assemblage composition on intertidal natural rocky shores and artificial structures in harbours in different regions along the south coast of England. Quantitative data showed that artificial habitats supported higher richness than natural habitats, while semi-quantitative data found no difference in richness among habitat types. This result was …

In Situ Engagement During Structured Leisure Experiences: Conceptualization, Measurement, And Theory Testing, Gary D. Ellis, Jingxian Jiang, Patti A. Freeman, Andrew Lacanienta, Elizabeth J. Ellis

Faculty Publications

We conducted an experiment to test theoretical propositions relating coherence, personalization, and provocation to in-situ engagement, deep experience, delight, and perceived value of time spent. Four hundred adults from a national panel viewed one of eight versions of a video centered on a character in Victor Hugo’s classic novel Les Miserables, and then completed measures of engagement, deep experience, delight, perceived value of time spent, preexisting familiarity with the story, and the subjective experience of provocation. Each video represented a unique combination of presence or absence of the three hypothesized determinants: coherence, personalization, and provocation. Coherence, personalization, and preexisting familiarity …

Overselling Winners And Losers: How Mutual Fund Managers' Trading Behavior Affects Asset Prices, Li An, Bronson Argyle

Faculty Publications

We link a seemingly biased trading behavior to equilibrium asset prices. U.S. equity mutual fund managers tend to sell both their big winners and big losers. This selling pressure pushes down current prices and leads to higher future returns; aggregating across funds, we find that securities for which investors have large unrealized gains and losses outperform in the subsequent month. Funds with larger turnover, shorter holding period, and higher expense ratios, are significantly more likely to manifest this trading pattern, and unrealized profits from such funds have stronger return predictability. This cross-sectional return predictability is difficult to reconcile with alternative …

Estimating The Need For Additional Bankruptcy Judges In Light Of The Covid-19 Pandemic, Benjamin Iverson, Jared A. Ellias, Mark Roe

Faculty Publications

In this Article, we present the first effort to use an empirical approach to bolster the capacity of the bankruptcy system during a national crisis—here, the COVID-19 crisis. We provide two analyses, one using data from May 2020, very early on in the crisis, and another using data from September 2020, closer to the publication of this Article. Our analysis is based on an empirical observation: Historically, an increase in the unemployment rate has been a leading indicator of a rise in bankruptcy filings. If this historical trend continues to hold, the May 2020 unemployment rate of 13.3% would have …

The Narrowness Of Shorting Profitability, Karl B. Diether

Faculty Publications

I examine the persistence in stock level short-selling profitability by using contract level shorting data. I do find that short-sellers are profitable on average using an approach that takes into account the exact timing of the opening and closing of short positions. But I also find that this profitability is driven by the set of stocks for which short-sellers previously had strongly profitable outcomes. I find that if short-selling contracts for a given stock are profitable in the last six months that on average short sellers continue to make profitable trades in that stock in the future. For stocks with …

Affective Commitment, Trust, And The Psychological Contract: Contributions Matter, Too!, Lisa Schurer Lambert, John B. Bingham, Anna Zabinski

Faculty Publications

Employees’ receipt of inducements is associated with trust and affective commitment, and employees pay for their inducements with their contributions (e.g., time, and physical and intellectual effort). Yet this relationship does not fully mirror events as they occur in an employment relationship where employees’ promises and delivery of inducements and contributions are ongoing, and relatively continuous. Our premise is that promising and delivering contributions may enhance or reduce employees’ trust in and commitment to the organization depending on how well they fulfill psychological needs. We tested a social exchange theory model and our alternative model. Survey results favoured our alternative …

Augmenting Environmental Sustainability Through The Exchange Of Green Creative Ideas –Evidence From An Emerging Economy, Samuel Ogbeibu, Abdelhak Senadjki, Jude Emelifeonwu, James Gaskin, Vijay Pereira

Faculty Publications

Leader trustworthiness and perceived green reputation are becoming increasingly important for driving the exchange of green creative ideas within a team. The effective exchange of green creative ideas is relevant for building organisational strategies that align with the United Nations global compact envi- ronmental sustainability principles and helps advance the achievement of the sustainable development goals (SDG). However, evidence from emerging countries is limited. This paper contributes by investi- gating the case of the Nigerian manufacturing sector, wherein organisations have achieved little success in cultivating the effective exchange of green creative ideas. Through the lens of the social exchange and …

Factors That Facilitate Or Impair Kinesic And Vocalic Nonverbal Behaviors During Interpersonal Deception, Judee K. Burgoon, Lauren M. Hamel, J. Pete Blair, Nathan W. Twyman

Faculty Publications

Nonverbal demeanor has long been thought to be a high-fidelity display window into a person’s inner self. At the same time, nonverbal behaviors are thought by laypeople to be reliable indicators of dissembling. In the realm of deception, both of those beliefs are true—and false. Humans can choose to reveal their personal identity, affiliations, attitudes, and behavioral inclinations through their nonverbal presentation of self. But, as the adaptive creatures that they are, humans also use their nonverbal actions to fabricate, conceal, and evade. In this respect, deception can disguise the true self and yet can also betray the truth. In …

Organizations And Communities: A Symbiosis View, Hani Safadi, Richard Watson, Tanner Skousen

Faculty Publications

How can organizations and communities engage in mutually beneficial relationships? We develop a framework that explains how an open community’s engagement with an organization can be mutually beneficial to both in the long-term. We theorize how a symbiotic relationship between organizations and communities can be achieved by nurturing various forms of capital flow between organizations and communities as well as creating virtuous feedback loops within each other’s capital creation systems.

Team Design Thinking, Product Innovativeness, And The Moderating Role Of Problem Unfamiliarity, Varun Nagaraj, Nicholas Berente, Kalle Lyytinen, James Gaskin

Faculty Publications

Team design thinking in new product development (NPD) refers to a set of design-oriented principles that can be embedded in the everyday routines of NPD teams. We theorize that team design thinking enables NPD teams to develop more innovative products––products that are useful and novel––by reducing the routine and cognition-based inertia that constrains the team’s innovativeness. Through a study of 247 NPD projects, we investigate the relationships between team design thinking, product utility, and product novelty. Further, we also explore whether the team’s unfamiliarity with product contexts influences these relationships. Findings show that team design thinking is positively associated with …

Macro-Appraisal And Professional Communities, Cory L. Nimer

Faculty Publications

This paper explores the application of social network analysis tools and other quantitative measures for the macro-appraisal of a research community in order to identify individuals from whom to solicit professional papers. While the contributions of individual scholars can be quantified and reviewed in a variety of ways, network analysis provides a useful approach for assessing the contributions of scholars in terms of their connections with other researchers. Using the faculty of a university department as a case study, this study considers how visualizing networks might be used as an additional metric in a professional papers program or subject-based archive …

Measuring Language Development Through Self-Assessment, Troy L. Cox, Dan Dewey

Faculty Publications

Talk to any cyclist or runner, and they can name instances when the universe seems to conspire against them with headwinds that hinder their progress. It is easy to identify and often blame external forces for causing us to fail. Conversely, we often attribute success to our own ability, being blissfully unaware of the tailwinds that assist us. This blindness to headwind/tailwind asymmetry (Davidai & Gilovich, 2016) in viewing one’s own performance is not limited solely to endurance athletes but can be found in other areas of self-assessment. Performance rarely occurs in a vacuum. There are typically external forces that …

The Absence Of A Religiolect Among Latter-Day Saints In Southwest Washington, Joseph A. Stanley

Faculty Publications

The term religiolect was coined by Benjamin Hary (1992, xiii) to describe a variety of language used by a distinct religious community, originally within the context of the Jewish linguistic spectrum. Religion has been shown to play an important role in various aspects of language, such as Arabic loanword adoption among Telugu speakers (Salami 2010), Persian loanwords and greetings among English-speaking Bahá’is (Masumian 2015), fluency in Sanskrit (Christian 1976), language choice among Hindus in the United States (Pandharipande 2010), maintenance of Hakka in East Malaysia (Ding and Goh 2020), and prevalence of linguistic fossils in Jewish Malayalam (Gamliel 2017). “Christianese,” …

The View Of Southern Vowels From Large-Scale Data, William A. Kretzschmar Jr., Margaret E. L. Renwick, Katherine I. Kuiper, Lisa M. Lipani, Michael L. Olsen, Rachel M. Olsen, Joseph A. Stanley

Faculty Publications

Abstract:

We have extracted c. 2 million tokens of vowels from a rigorous sample of 63 speakers across the American South in an NSF-funded project for forced alignment and automatic formant extraction. We show how our vowel measurements across the whole region differ from national mean F1/F2 scores. We contrast men and women, and African Americans and non- African Americans, within the Southern region.