Digital Commons Network^™

The Constitutional Logic Of The Common Law, Douglas E. Edlin

Vanderbilt Journal of Transnational Law

This Article uses two concepts from philosophical logic, the transitive property and syllogistic reasoning, to examine the history and theory of the common law. More specifically, the Article uses the transitive property to challenge the claims of sovereignty theorists that parliamentary supremacy is truly the most fundamental historical and theoretical basis of the British constitution. Instead, the transitive property helps show that the history and theory of the common law tradition has long provided a role for independent courts in maintaining the rule of law as a foundational principle of the British constitution. The Article then closely analyzes the reasoning …

Why China Should Unsign The International Covenant On Civil And Political Rights, Margaret K. Lewis

Vanderbilt Journal of Transnational Law

In March 2019, the United Nations Human Rights Council finalized its periodic review of China's human rights record just as human rights in China were under intensified attack. As during prior reviews, China was criticized for its human rights practices. And, once again, China was urged to ratify the International Covenant on Civil and Political Rights (ICCPR), which China signed over twenty years ago. It is time to reevaluate this approach.

This Article argues that the international community should change tack and instead call on China to remove its signature from this foundational human rights treaty. While this would be …

Artificial States And The Remapping Of The Middle East, Ash U. Bali

Vanderbilt Journal of Transnational Law

This Article critically examines arguments tracing contemporary crises in the Arab world to the making of the Arab state system a century ago. A series of popular and scholarly articles occasioned by the recent spate of World War I-related centenaries suggest that new boundaries be drawn in the Middle East to produce more stable nation-states. More specifically, a set of authors has advocated for different borders that would avoid ethno-sectarian conflict by designing relatively homogenous smaller states to replace multiethnic, multisectarian states like Iraq and Syria. Such proposals are significant for the underlying presumptions they reflect concerning the relationship between …

Hold The High-Water Line: A Transnationally Informed Coastline Protection Scheme In The United States, Charlie Spencer-Davis

Vanderbilt Journal of Transnational Law

Climate change and sea level rise degrade the environment, infrastructure, and private property along US coastlines. The magnitude of these harms will only accelerate unless the United States improves its coastal protection scheme. Informed by approaches in Israel, the United Kingdom, and China, this Note offers a dynamic solution to coastline protection by way of a federal Rolling Coastal Conservation Easements Act. The act would authorize states to develop and implement rolling easements on private coastal properties. This flexible scheme would include compensation for those landowners who grant easements to their localities, while giving private property owners the option to …

Judging Judicial Appointment Procedures, S. I. Strong

Vanderbilt Journal of Transnational Law

Over the last several years, judicial appointment procedures in the United States have become increasingly intractable. Members of both parties are seen to engage in political gamesmanship, calling the legitimacy of the appointment process into question and decreasing public confidence in both the legislature and the judiciary. Questions are even beginning to arise about whether and to what extent the United States is complying with the rule of law.

Although numerous solutions have been proposed, one alternative has not yet been considered: international law. As paradoxical as it may seem, the best and perhaps only feasible solution to quintessentially domestic …

Standing, Still? The Evolution Of The Doctrine Of Standing In The American And Israeli Judiciaries: A Comparative Perspective, Joshua Hoyt

Vanderbilt Journal of Transnational Law

The doctrine of standing plays an important role in limiting the classes of cases or controversies that are appropriate for judicial resolution; considered with other justiciability doctrines, judicial standing necessarily reflects the broader role of the court in society. Though the American judiciary had rather generous standing policies in place at the time of the founding, with the rise of the administrative state in the aftermath of the New Deal, progressive justices saw fit to restrict judicial standing as a means of insulating regulatory programs from industry challenge. In contradistinction, the young Israeli society has some of the most accessible …

Management Succession In Korea: Tunneling, Semi-Tunneling, And The Reaction Of Corporate Law, Kyung-Hoon Chun

Vanderbilt Journal of Transnational Law

Recently in Korea, certain issues of corporate law became the subjects of fierce political debates unlike many other jurisdictions where corporate law issues generally remain in the exclusive realm of professionals and academics. This Article begins with the question of why corporate law issues attracted so much political attention in Korea and whether such political attention actually helped improve the corporate law. In pursuing the answers to such questions, this Article identifies a recurring pattern: (i) existence of strict rules against seeking private benefits; (ii) various clever measures to circumvent such rules; (iii) failure of the courts to regulate such …

Mixed Ownership Reform And Corporate Governance In China's State-Owned Enterprises, Jiangyu Wang, Tan Cheng-Han

Vanderbilt Journal of Transnational Law

This Article provides an early assessment of the impact on corporate governance of the most recent wave of reform of China's state-owned enterprises (SOEs) announced by the CCP in 2013, officially known as the mixed-ownership reform (MOR). It offers a comprehensive and detailed account of the background, policy and regulatory frameworks, and rationale of the MOR in light of the history of ownership reform in China. It also conducts empirical studies of the change in ownership and board composition in over 30 SOEs which have recently completed their MOR experiments, as well as several case studies. It observes that MOR's …

Tmvis: Visualizing Webpage Changes Over Time, Abigail Mabe, Dhruv Patel, Maheedhar Gunnam, Surbhi Shankar, Mat Kelly, Sawood Alam, Michael L. Nelson, Michele C. Weigle

Computer Science Faculty Publications

TMVis is a web service to provide visualizations of how individual webpages have changed over time. We leverage past research on summarizing collections of webpages with thumbnail-sized screenshots and on choosing a small number of representative archived webpages from a large collection. We offer four visualizations: Image Grid, Image Slider, Timeline, and Animated GIF. Embed codes for the Image Grid and Image Slider can be produced to include these visualizations on separate webpages. This tool can be used to allow scholars from various disciplines, as well as the general public, to explore the temporal nature of webpages.

Fintech And International Financial Regulation, Yesha Yadav

Vanderbilt Journal of Transnational Law

This Article shows that Fintech exacerbates the difficulties of standard setting in international financial regulation. Earlier work introduced the "Innovation Trilemma" (the Trilemma). When seeking to balance the goals of achieving market integrity and innovation through clear and simple rulemaking, regulators can--at best--achieve only two out of these three objectives. Fintech's unique characteristics--a reliance on automation and artificial intelligence, novel types of big data, as well as the use of disintermediating financial supply chains comprising a mix of traditional firms as well as technology specialists and newcomers--complicates the application of the Trilemma. Rulemaking struggles to achieve needed clarity where innovative …

Repurposing Visual Input Modalities For Blind Users: A Case Study Of Word Processors, Hae-Na Lee, Vikas Ashok, I.V. Ramakrishnan

Computer Science Faculty Publications

Visual 'point-and-click' interaction artifacts such as mouse and touchpad are tangible input modalities, which are essential for sighted users to conveniently interact with computer applications. In contrast, blind users are unable to leverage these visual input modalities and are thus limited while interacting with computers using a sequentially narrating screen-reader assistive technology that is coupled to keyboards. As a consequence, blind users generally require significantly more time and effort to do even simple application tasks (e.g., applying a style to text in a word processor) using only keyboard, compared to their sighted peers who can effortlessly accomplish the same tasks …

Rotate-And-Press: A Non-Visual Alternative To Point-And-Click, Hae-Na Lee, Vikas Ashok, I. V. Ramakrishnan

Computer Science Faculty Publications

Most computer applications manifest visually rich and dense graphical user interfaces (GUIs) that are primarily tailored for an easy-and-efficient sighted interaction using a combination of two default input modalities, namely the keyboard and the mouse/touchpad. However, blind screen-reader users predominantly rely only on keyboard, and therefore struggle to interact with these applications, since it is both arduous and tedious to perform the visual 'point-and-click' tasks such as accessing the various application commands/features using just keyboard shortcuts supported by screen readers.

In this paper, we investigate the suitability of a 'rotate-and-press' input modality as an effective non-visual substitute for the visual …

The "Poison Pill" In The Usmca: The Erosion Of Wto Principles And Its Implications Under A Us-China Trade War, Gil Lan

Vanderbilt Journal of Transnational Law

The United States, Canada, and Mexico have ratified a multilateral trade agreement (the "USMCA") that contains a highly unusual provision. This provision (referred to as the 'Poison Pill") is intended to deter the signatories from entering into a free trade agreement (FTA) with any "non-market country." The Poison Pill was introduced by the United States in the wake of the US-China trade war and was most likely directed at deterring Canada from entering into an FTA with China.

This Article argues that the Poison Pill is functionally an expulsion clause (as opposed to a withdrawal clause) which violates the USMCA …

China's Belt And Road Initiative Is Reshaping Human Rights Norms, Mikkaela Salamatin

Vanderbilt Journal of Transnational Law

Since its birth in 2015, the Belt and Road Initiative has garnered significant attention for its benefits and its detriments. Much of the current scholarship in this area is focused on particular pieces of the Belt and Road Initiative, with few in legal scholarship considering the impact of the relationship between China's growing soft power and its effect on international law and international institutions. Every state has the right to pursue power and influence, but this Note specifically examines how China's methods of obtaining this power and influence--specifically through the Belt and Road Initiative and related actions within United Nations' …

Shareholder Protection In Close Corporations And The Curious Case Of Japan: The Enigmatic Past And Present Of Withdrawal In A Leading Economy, Alan K. Koh

Vanderbilt Journal of Transnational Law

Oppressed, outvoted, and outgunned, minority shareholders have an obvious solution for their woes: vote with their feet, sell their shares, and leave the company. But this "Wall Street Rule" is only available to shareholders in publicly listed corporations; shareholders in close corporations; privately owned business entities with no market for their shares--do not have the option of easy exit. Legal solutions which enable the shareholder to voluntarily exit a company with their capital such as the oppression or unfair prejudice remedies in US and Anglo-Commonwealth corporate law--what this Article classifies as "withdrawal remedies"--are therefore vital in close corporations.

However, until …

Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper

Vanderbilt Journal of Transnational Law

This Article explores the plight of the Aborigines of Taiwan and the legal protections that exist for their Traditional Knowledge. While Taiwan continues to face international isolation with a diminished number of states recognizing the Republic of China as the seat of China, the island's government has taken limited steps to recognize language, cultural, and economic rights of its Indigenous peoples. International law has not been helpful in protecting Traditional Knowledge, but Taiwan could use its vast economic resources and positive track record in protecting some of these rights to further its goals of international recognition. This Article details the …

Reciprocity In China-Us Judgments Recognition, William S. Dodge, Wenliang Zhang

Vanderbilt Journal of Transnational Law

The conventional wisdom is that China and the United States do not recognize each other's court judgments. But this is changing. A US court first recognized a Chinese judgment in 2009, and a Chinese court first reciprocated in 2017. This Article provides an overview of the enforcement of US judgments in China and Chinese judgments in the United States, noting the similarities and differences in the two countries' systems. In China, rules for the enforcement of foreign judgments are established at the national level and require reciprocity. In the United States, rules for the enforcement of foreign judgments are established …

To Edit Or Not To Edit?--Regulating Crispr Transnationally, Ann Potter

Vanderbilt Journal of Transnational Law

After Chinese scientist Dr. He Jiankui's announcement that he had successfully edited the human genome using a new technology called CRISPR/Cas-9, Dr. He forced the world to address the ethical dilemmas introduced by gene-editing technologies. Born out of a historical tradition of human "improvement," gene-editing technologies like CRISPR/Cas-9 modify human genes down to DNA molecules. CRISPR can prevent and cure genetic diseases that have previously had no cure, but problems arise when CRISPR's use expands to enhancements or to modifications that would change the human genome permanently. Given CRISPR's potential profound impact, this Note analyzes how international bodies like the …

The Effects Of Inclusion For Teachers, Special Education, And General Education Students In General Education Classrooms, Rachel O'Neill

All Electronic Theses and Dissertations

With the current special education policies in place in the United States, solutions must be found in order to equitably meet the academic, social and emotional needs for all types of students found in a classroom. One of the most practiced solutions found in schools today, is the inclusion of special education students in mainstream classrooms. Inclusion can provide many benefits to teachers, general education and special education students when executed properly. When not executed properly, inclusion can cause undue stress to both teachers and students. This literature review will examine the effects of inclusion on teachers, special education, and …

Christ-Centered Leadership: The Formation Of Millennials, Sean K. Wood

All Electronic Theses and Dissertations

The problem this project addressed is the perceived lack of Christocentric leadership development among millennials of Canadian churches with over one thousand people in attendance. In response to this problem the researcher explored Christ-centered leadership formation and discipleship in the New Testament and early church. The literature reviewed related to the uniqueness of millennials as it connects to leadership development. The researcher interviewed two Senior Pastors who are considered highly influential with the millennial cohort. These two leaders have both led effective church congregations in Canada during their respective twenty-plus year tenure serving the same churches. Millennial leaders who are …

Research And Graduate Studies Annual Report, 2020, Office Of Research And Graduate Studies, Illinois State University

Research and Graduate Studies Annual Report

No abstract provided.

7-Layer Citation Salad—The Joy Of Identifying Distinct Ingredients And Assembling A Glorious Delight: Students As Information And Citation Creators, Barbara E. Weeg, Leila June Rod-Welch

Library Faculty/Staff Publications

In the 7-Layer Citation Salad critical-thinking exercise, students become apprentice chefs as they learn to create journal article citations adhering to the Publication Manual of the American Psychological Association. The library instruction chef draws parallels to mise en place (“everything in its place”) and to assembling a structured salad as the apprentices discover the rewards of identifying each citation ingredient from articles and assembling the ingredients in the proper order. The library chef discusses the need to credit other authors for their ideas. The standard recipe may be adapted to any citation style and the number of layers modified.

Heterogeneous Multi-Layered Network Model For Omics Data Integration And Analysis, Bohyun Lee, Shuo Zhang, Aleksandar Poleksic, Lei Xie

Faculty Work

Advances in next-generation sequencing and high-throughput techniques have enabled the generation of vast amounts of diverse omics data. These big data provide an unprecedented opportunity in biology, but impose great challenges in data integration, data mining, and knowledge discovery due to the complexity, heterogeneity, dynamics, uncertainty, and high-dimensionality inherited in the omics data. Network has been widely used to represent relations between entities in biological system, such as protein-protein interaction, gene regulation, and brain connectivity (i.e. network construction) as well as to infer novel relations given a reconstructed network (aka link prediction). Particularly, heterogeneous multi-layered network (HMLN) has proven successful …

Science Curriculum Alignment To The Ngss, Whitney E. Canaday

Honors Program Theses

The Next Generation Science Standards (NGSS) are a set of standards and criteria that support the most effective way to teach science. Twenty states and the District of Columbia (representing over 36% of U.S. Students) have officially adopted the NGSS as their science standards. In addition, twenty-four states (representing 35% of U.S. students) have developed their own standards based on recommendations in the National Research Council (NRC) Framework for K-12 Science Education, which is the same frameworkthat the NGSS was developed from (NSTA) (NRC, 2012). In those 44 states (71% of the U.S. student population) teachers should ask students to …

The Miseducation Of American Youth: The Detriments Of Whitewashing Literature In Secondary Schools, Molly Magill

Honors Program Theses

For the entire history of American education, the gates to knowledge and power were kept closed from any minority, the key to which lies in teaching texts that students find accessible and relatively easy to understand. In the framework of American education lie the white, Anglosaxon forefathers who created institutions designed to benefit and propagate their ideas for generations to come. This framework still upholds American education. Its reflection lies in the pool of literature taught to secondary students throughout the country. Modern educational theory argues that students learn best when they are able to connect to instructed texts. The …

The Effectiveness Of Kinesiotaping For Patients With Fractured Ribs: A Single-Subject Experimental Design, Simone Dafoe, Leigh Rushworth, Kathy Stiller

Internet Journal of Allied Health Sciences and Practice

Purpose: Kinesiotape is an elastic, adhesive tape applied to the skin that has been used extensively to reduce pain associated with various musculoskeletal conditions. Its use in the setting of fractured ribs is less clear. The aim of this preliminary study was to investigate the effect of kinesiotaping for patients with rib fracture(s) on pain levels, pulmonary function, and mobility. Method: We prospectively evaluated five patients admitted with fractured ribs using a single-subject experimental ABAB design. Each phase lasted 24 hours with kinesiotape applied during B phases. All participants received usual medical, nursing, and allied health care. Outcome measures included …

Perceptions Of The Impact Of Non-Contact Boxing On Social And Community Engagement For Individuals With Parkinson’S Disease: A Qualitative Study, Casey E. Humphrey, Dana M. Howell, Melba Custer

Internet Journal of Allied Health Sciences and Practice

Purpose: To explore the perceptions of individuals with Parkinson’s disease (PD) on their experiences within a community based, non-contact boxing program. Specifically, this study considered how these individuals perceived non-contact boxing to influence their social and community engagement and factors influencing ongoing participation in this program. Method: This was a phenomenological case study that utilized qualitative methods for data collection including semi-structured interviews and observation. Colaizzi’s method was used for data analysis. A convenience sample obtained from a boxing club that offered PD specific boxing classes was used. The sample included 10 participants (3 female, 7 male) ranging in age …

Effects Of Trauma-Informed Care Training On Healthcare Providers Caring For Victims Of Human Trafficking, Sandrine F. Gaillard-Kenney, Brianna Kent, Jenna Lewis, Chennel Williams

Internet Journal of Allied Health Sciences and Practice

Objective: The purpose of this study is to analyze the impact of trauma-informed care training on the practice of dental, optometry, and mental health providers caring for victims of human trafficking. Methods: A mixed method approach was used, including pre-post surveys and one focus group discussion. Results: The dental, optometry, and mental health provider participants reported a greater awareness of human trafficking and greater knowledge of how to approach and care for the victims in a trauma- informed way. Conclusion: Continued training on the provision of trauma-informed care for victims of human trafficking is necessary for dentists, optometrists, and mental …

An Exploratory Study Of The Perceptions Of Footwear For Individuals Who Use Lower Limb Orthotics, Margaret E. Gegen, Teresa Plummer, Nancy Darr

Internet Journal of Allied Health Sciences and Practice

The purpose of this study was to explore individual’s perceptions of orthotics and footwear. A survey was created by the authors with the expert opinions of physical and occupational therapists and was distributed to two therapy clinics in Tennessee that provide both occupational therapy and physical therapy as well as on several online support groups. Seventy-nine (79) caregivers completed surveys. Thematic analysis was performed using Nvivo 10 (QSR International) and descriptive statistics were generated using the Statistical Package for the Social Sciences (SPSS) IBM International). Ninety percent (90%) of participants report that orthotics affect what type of shoes the user …

Cervical Spine Thrust Joint Manipulation, Education, And A Home Exercise Program For The Management Of Individuals With Temporomandibular Disorder: A Prospective Case Series, Breanna Reynolds, Jamie L. Brown

Internet Journal of Allied Health Sciences and Practice

Background and Purpose: Temporomandibular disorder (TMD) often leads to chronic pain and disability. Current evidence supporting potentially effective physical therapy (PT) intervention in TMD is limited, however, some support exists for manual therapy, education, and exercise. The purpose of this case series was to describe outcomes in participants with TMD treated with cervical spine manual therapy, education, and exercise. Methods: Five participants (mean symptom duration 2.2 years) with TMD were treated with atlanto-occipital and C2-3 cervical spine thrust joint manipulation (TJM), behavioral education, and a home exercise program for 3 visits over 4 weeks. Primary outcomes included jaw range …