Digital Commons Network^™

Disuniformity Of Federal Constitutional Rights, Joseph Blocher

Faculty Scholarship

Judge Jeffrey Sutton’s 51 Imperfect Solutions describes and celebrates the crucial role of state constitutional law in “making” American constitutional law. The fact that states do not speak with one voice in doing so is, in Sutton’s account, a feature rather than a bug. The diversity in their approaches permits experimentation and tailoring, and ultimately produces a stronger and more supple constitutional fabric.

Sutton’s enthusiasm for the diversity and dynamism of state constitutional law is entirely convincing. But is the federal alternative quite so flat? Although federal constitutional rights are undoubtedly more uniform than those of states, they are not …

Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos, D. Lee Miller, Ryke Longest

Faculty Scholarship

For thirty years, the swine industry has externalized severe environmental and health harms onto poor communities of color in Eastern North Carolina. This “Big Pig” problem is caused by the confinement, consolidation, and concentration of industrial hog operations within the low, flat, and economically marginalized Coastal Plain. Big Pig’s rise was not inevitable. As recently as 1982, more than 11,000 small swine farms freckled nearly all of North Carolina’s 100 counties. Then came the “boom” of consolidation and industrialization that transformed hog production into a highly consolidated and vertically integrated industry.

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Faculty Scholarship

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to better …

The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Systemic Review Of Personal Finance Articles In Family And Consumer Sciences Journals, Lorna Saboe-Wounded Head

Consumer Sciences Faculty Publications

The purpose of this article is to report the results of a systematic review of personal finance articles published from 2009 to 2019 in seven family and consumer sciences journals. Articles included in the review addressed personal finance topics. The qualitative analysis examined categorizations and themes. Published most often were articles on the topics of financial education, financial literacy, and investing/saving. Research articles were predominately on the topic of financial literacy, programs were most often on the topic of financial education. A limited number of articles reported on research results or program impact for minority groups.

Factors Contributing To Female Students Underperformance In Mathematics For Secondary Schools: A Case Study Of Kasulu District., Charles Oman

Master of Education

This study explored the factors that contributed to the underperformance of female students in mathematics in a Secondary School in Kasulu. A qualitative research approach with a case study design was applied. The study sample size comprised of eight form four female students who were randomly sampled using a stratified sampling technique with two strata from science and art combinations. The interview guide and questionnaires were used as data collection tools. The study found out that factors such as Lack of peer support during learning process, lack of books in the school library and poor sanitation of school toilets affected …

Brian Friel’S Translations, A Play On Power, Space, And History/ Archaeology, Maryam Beyad, Mohammad Bagher Shabanpour

Khazar Journal of Humanities and Social Sciences

Geography has received great attention since the 19th century. Kant established it as a discipline which resulted in the development of geographical equipment. Consequently, surveying projects were launched in England. This paper argues that Friel’s Translations depicts the extinction of the Irish culture, done by the Army’s implementation of Ireland Ordnance Survey in 1830, in which Irish/Gaelic toponyms, carrying a great volume of a people’s History/ Archaeology, were anglicised. The English Empire strengthened its domination over Ireland through creating new maps of the Northern territories. The paper does a Foucauldian reading of geography, as a contemporary knowledge, which aided the …

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Journal of Criminal Law and Criminology

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to …

Expensive Patients, Reinsurance, And The Future Of Health Care Reform, Govind Persad

Emory Law Journal

In 2017, Americans spent over $3.4 trillion—nearly 18% of gross domestic product—on health care. This spending is unevenly distributed: Almost a quarter is spent on the costliest 1% of patients, and almost half on the costliest 5%. Most of these patients soon return to a lower percentile, but many continue to incur health care costs in the top percentiles year after year. This Article focuses on the challenges that persistently expensive patients present for health law and policy, and how fairly dividing their medical costs among payers illuminates fundamental normative choices about the design and reform of health insurance. In …

Sentimientos Encontrados: Los Epistolarios Ficcionales De La Novela Semanaly Sus Flirteos Cosmopolitas [Contradictory Feelings: The Fictional Epistolary Narratives In La Novela Semanal And Their Cosmopolitan Flirtations, Martín L. Gaspar

Spanish Faculty Research and Scholarship

En marzo de 1924, la revista La novela semanal (Argentina, 1917-1953) inauguró una sección titulada “La carta que se quema” que incluiría cartas ficcionales, en su mayoría traducciones de exitosos autores de la belle époque europea. Durante más de cien números de la revista, las lectoras—principales destinatarias de esta sección—leerían semanalmente misivas imaginadas por autores franceses de tendencia conservadora (Marcel Prévost y Michel Provins) y autoras italianas afines al feminismo (Matilde Serao, Ester Lombardo y Amalia Guglielminetti). Lejos de presentar un “imperio de los sentimientos” conformista y coherente (Sarlo), en esta sección La novela semanal yuxtaponía alternativas incompatibles de conducta …

Gmo Corn, Mexico, And Coloniality, Ernesto Hernandez-Lopez

Vanderbilt Journal of Entertainment & Technology Law

Genetically modified ("GMO") corn germinates legal controversies in Mexico. Since 2013, Mexican courts have temporarily suspended GMO corn because it threatens biodiversity. In the Colectividad del Maiz lawsuit, courts have prohibited Mexico from issuing commercial GMO permits while the litigation continues. Companies like Monsanto need these permits to sell GMO seeds. Corn is the most essential food item for millions of Mexicans and is central to Mexican culture. Mexicans wait for Colectividad del Maiz's resolution, siding with biodiversity or GMOs. This Article describes scientific GMO controversies and analyzes biosecurity, class-action, and international environmental law. It argues that this corn fight …

What Hrd Is Doing—What Hrd Should Be Doing: The Case For Transforming Hrd, Richard J. Torraco, Henriette Lundgren

Department of Educational Administration: Faculty Publications

Human resource development (HRD) is no longer expected to be the primary agency for promoting learning and development among employees. Today, HRD is diffused and integrated into a broad range of leadership and supervisory roles. As more responsibility for learning and development is assumed by others, what is the role of HRD? Although HRD has largely adapted to sharing more of its traditional responsibility for learning and development, the field has also encountered challenges and criticisms. We juxtapose recent adaptations and advances in HRD with perspectives on the dilemmas, challenges, and criticisms of HRD as seen by those outside the …

Belonging In A Predominantly White Institution: The Role Of Membership In Latina/O Sororities And Fraternities, Crystal Garcia

Department of Educational Administration: Faculty Publications

This qualitative, multiple case study explored the role of involvement in a particular university subculture, Latina/o sororities and fraternities, in how Latina/o college students develop and make meaning of their sense of belonging within predominantly White institutions. Findings address ways Latina/o college students described their institutional sense of belonging in addition to a discussion of five primary characteristics of belonging: where I have a role or responsibility, where people look like me, where I am valued and cared for, where my racial identity and culture is recognized and valued, and where I share interests or values …

Analysis Of Clastic Cave Sediment In A Fluviokarst System, Russell Cave, Northeast Alabama, Jonathan Camelo

Master's Theses or Doctor of Nursing Practice

Russell Cave is part of a fluviokarst system located along the edge of the Cumberland Plateau in northeast Alabama. The cave system acts as a surface-subsurface drainage system transporting, depositing, and accumulating large influxes of terrestrial-derived materials (sediments, organic material, and magnetic minerals) into the subsurface system forming sediment traps. Five core sites along various discontinuous sediment banks were collected and sampled in 2 cm intervals. Data collection involved Red-Green-Blue (RGB) color, loss on ignition (LOI), magnetic susceptibility (MS) grain-size analysis, end member mixing analysis (EMMA), and ¹⁴C radiocarbon dating. The goals for this research were to identify the …

Weighing The Impacts Of Airbnb In Iceland: Multivariate Perspectives, Alexa Gorlick

Master's Theses or Doctor of Nursing Practice

This research sought to evaluate if the sharing economy leader, Airbnb, creates impacts that residents of Iceland feel they experience. The study also aimed to discover if rural and urban inhabitants have similar perspectives on Airbnb impacts. Airbnb’s entrepreneurial encroachment into the accommodation sector has caused a multitude of localities to manage an assortment of complex affairs. These matters are difficult to solve due to their changing, contradictory, and incomplete premise. The purpose of this research is to determine if Airbnb activity is prominent in Iceland and therefore causing the country to experience similar issues that officials are struggling to …

State Park Selection As Determined By User Health, Connor Phelan

Master's Theses or Doctor of Nursing Practice

The purpose of this study was to determine whether state park difficulty affected location of travel. This study was conducted at three state park locations within the United States. Surveys and on-site examinations were made at the following locations; Wilson State Park, Kansas, Petit Jean State Park, Arkansas, and Kiholo State Park, Hawaii. Park locations were chosen by varying levels of terrain difficulty, as well as a rating from the Recreation Opportunity Spectrum. Participants were asked to report data via iPads on exercise habits, mobility limiting impairments, and frequency of exercise so a ranking of the healthiest participants could be …

Use Of Gis Spatial Analysis, Remote Sensing, And Unmanned Aerial Systems In Determining The Susceptibility To Wildfires In Barber County, Kansas, Kara Sill

Master's Theses or Doctor of Nursing Practice

Wildfires are becoming more frequent each year not only in the United States, but throughout the world. Barber County, Kansas experienced a devastating wildfire in March 2016, and continues to be at risk of wildfires during the fire season months. This study involved creating a functional GIS Database with layers corresponding to communication, transportation, and infrastructure throughout the county. This will allow responders and officials to have one unified reference space, which will facilitate communication and navigation. Within the ArcGIS environment, route maps can be created to show potential routes and quickest drive time to the scene of the emergency. …

Post-Soul Speculation: An Exploration Of Afro-Southern Speculative Fiction, Hilary Word

Electronic Theses and Dissertations

ABSTRACT This thesis is an examination of female authored, post-soul, Afro-Southern speculative fiction. The specific texts being examined are My Soul to Keep by Tananarive Due, Stigmata by Phyllis Alesia Perry, and Sing, Unburied, Sing by Jesmyn Ward. Through exploration of these texts, I posit two large arguments. First, I posit that this thesis as a collective work illustrates how women-authored Afro-Southern speculative fiction based in the post-soul era embodies and champions womanist politics and praxis critical for liberation through speculative elements. Second, I assert that this thesis is demonstrative of how this particular type of fiction showcases the importance …

Instant Schools: The Frenzied Formation And Early Days Of The Mississippi Private School Association, Ernest Flora Iv

Electronic Theses and Dissertations

The founding leadership of the Mississippi Private School Association (MPSA) used individual experience and extensive networking via the Citizens’ Council along with the community’s belief and desire to maintain white-only schools to create a coalition of quickly formed but well-resourced private schools. This political and social clout afforded them the ability to create a large, powerful organization almost “instantly” during a pivotal moment of southern educational history. Scholar Kenneth T. Andrews called the establishment of all-white academies in Mississippi, “a countermovement strategy that floout of the prior history of organized white resistance to the civil-rights movement.” The significance of this …

Initiative On Quality Shareholders Highlights, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Highlights of a research initiative that formalizes the longstanding intuition that the sorts of shareholders a company attracts influences its performance. Contains lists of the best shareholders in corporate America, measured by long holding periods and high portfolio concentration, and lists of the companies that attract such shareholders in high density. Notes and explains how such shareholders and companies have been prone to outperform rivals. Explores what quality shareholders look for in companies and a dozen of the practices and policies that, evidence shows, companies can use to attract quality shareholders. Includes bibliographic references and suggestions for further research.

Organizational Management Of Distance Learning: An Analysis Of Teacher Feedback Throughout Hampton Roads Public High Schools During The Covid-19 Pandemic Response, Cody P. Trudeau

OTS Master's Level Projects & Papers

Public schools throughout the United States experienced closures and transitions to online curriculum in the spring of 2020 due to the COVID-19 pandemic. However, many of the policies and strategies implemented to manage teaching faculty were hastily designed and employed out of necessity. This study sought to examine organizational management policies and strategies throughout public high schools in the Hampton Roads region of Virginia through teaching faculty perspectives. This cross-sectional study examined descriptive and correlational statistics of survey responses to determine and evaluate how schools managed communication, responsibilities and delegation, and training for distance learning in order to provide policy …

Small-Scale Population Connectivity And Genetic Structure In Canada Thistle (Cirsium Arvense), Mahboubeh Hosseinalizadeh Nobarinezhad, Lavanya Challagundla, Lisa E. Wallace

Biological Sciences Faculty Publications

Premise of research. Population connectivity, the exchange of genes among geographically separated subpopulations, is thought to be a key process for the maintenance of genetic diversity and the survival of invasive species in newly colonized areas. Plant populations' degree of genetic connectivity, which occurs via pollen and seed dispersal, leads to different degrees of genetic admixture and genetic structure. Environmental barriers and differential selection pressures that are variable across time and space tend to alter genetic structure within and among populations via restriction or facilitation of gene flow. Canada thistle, an invasive species of the United States and Canada, is …

Between The Devil And The Deep Blue Sea: An Analysis Of The Consequences Of 20th Century American Imperialism And Nuclear Testing Upon The Marshall Islands And Its Inhabitants, Michelle Hahn

CGU Theses & Dissertations

This thesis could not have been accomplished without the support of my family, friends, and peers who have cheered me on the entire way throughout my tenure as a master’s student at Claremont Graduate University (CGU). I would especially like to thank my mother who has had the patience of a saint throughout this journey. At my lowest moments, she reminded me of my strengths as a scholar and encouraged me to keep going, even when I thought this thesis would fall apart. I love you very much, thank you for always being my cheerleader. This project has undergone several …

Fiction And Science: A Plausible World In The Early Modern Period Through The Writings Of Francis Godwin And Margaret Cavendish, Robert Wilson Macleod

CGU Theses & Dissertations

Exploring the use of fiction—and science fiction—as an opportunity for "Scientific Outsiders" to present their knowledge and questions about the natural world by analyzing the themes presented in Francis Godwin’s The Man in the Moone and Margaret Cavendish's The Blazing World.

Rethinking Livability In Megacities: Applications Of Jane Jacobs’ Theories On Tokyo And Los Angeles, Kirara Tsutsui

Pomona Senior Theses

This senior thesis in Environmental Analysis compares critical infrastructure pieces in Tokyo and Los Angeles, on three discrete levels, with a particular focus on the pedestrian experience. As global population grows, with more people projected to live in urban cities more than ever, it is critical that we re-evaluate how we think about and “do” city-planning. Following Jane Jacobs’ theoretical framework, this thesis dissects what urban greenspaces, city neighborhoods, and sidewalks look like in LA and Tokyo. It analyzes, for each proxy, how two of the world’s most “developed” and largest cities have developed into the current landscape. Historical, cultural, …

Re-Imagining Nature In Dense, High Rise Urban Environment: The Present And Future Of Green Building Infrastructure In Singapore, Claire Yi

Pomona Senior Theses

From the futuristic Jewel at Changi Airport, the healing gardens at Khoo Teck Puat Hospital in Yishun to School of the Arts at Orchard Road, greenery has sprouted in buildings vertically and horizontally in Singapore, painting a growing green canopy for the dense, high rise city. This paper combines both analyses from first-hand site visits and case studies from external scholar studies to examine the performance of existing Green Building Infrastructures (BGIs) within Singapore’s unique urban context. The study reveals that the success of BGIs is highly dependent on the programming (i.e. thermal comfort design, accessibility, amenity facilities etc.), as …

Contaminants Of Emerging Concern: Reconsidering Our Paradigm Of Water Pollution, Jonathan Gunasti

Pomona Senior Theses

In this senior thesis, I explore contaminants of emerging concern (CECs) and endocrine disrupting compounds (EDCs) and discuss the ways in which these novel contaminants defy traditional notions of pollution. I discuss the history and “emergence” of CECs and EDCs in scientific and public spheres and outline ongoing challenges to recognizing, prioritizing, and understanding the action of these contaminants. I position EDCs within the framework of environmental injustice and health disparities and suggest that these compounds could reinforce multigenerational health inequities. Finally, I perform a pilot analysis of the EDC bisphenol A (BPA) in Mt. Baldy Creek, the Los Angeles …

Crying In The Novel, Noor Dhingra

Pomona Senior Theses

What happens when characters cry in novels? And what does that tell us about the Victorian novel?

Discourse Analysis Of Nyt’S Headlines On Terrorism And Climate Change: How Media Reflects Our Conceptualization Of Security, Helena Gabrielle Ong

Pomona Senior Theses

Although climate change and terrorism are both considered national security threats by U.S. military experts, the American public views these threats differ- ently, with climate change at lower risk and priority in comparison to terror- ism. This reflects a difference in how the public conceptualizes security threats. This paper aims to address that gap through media coverage. This study ex- amines the language of newspaper headlines for terrorism and climate change in order to identify the dominant representations of these issues in the media. I analyze the discourse of two security issues—terrorism and climate change– by comparing news headlines from …

Protecting Biodiversity On National Forests: The Evolution And Implementation Of Forest Planning Regulations, Anna Wearn

Graduate Student Theses, Dissertations, & Professional Papers

In 2012, the U.S. Forest Service (USFS) promulgated new forest planning regulations that significantly altered national forest management. One of the most controversial and important advancements was the inclusion of what were meant to be stronger biodiversity protections. An analysis of USFS’s rationale in revising the biodiversity regulations provides insights into how to interpret the substantively and procedurally new ecosystem and species protections. Examining this regulatory history reveals three key changes to the manner in which national forests are required to manage and monitor biodiversity: 1) a greater reliance on science to inform planning, 2) a new emphasis on ecological …