Digital Commons Network^™

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do insurers …

Lying And Cheating, Or Self-Help And Civil-Disobedience?, Aditi Bagchi

Faculty Scholarship

May poor sellers lie to rich buyers? This article argues that, under limited circumstances, sellers may indeed have a license to lie about their goods. Where sellers are losers under unjust background institutions and they reasonably believe that buyers have more than they would under just institutions, lies that result in de minimum transfers can be regarded as a kind of self-help. More generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political contingency of sellers’ obligations to buyers. In other contexts, …

What's The Difference Between A Conclusion And A Fact?, Howard M. Erichson

Faculty Scholarship

In Ashcroft v. Iqbal, building on Bell Atlantic Corp. v. Twombly, the Supreme Court instructed district courts to treat a complaint’s conclusions differently from allegations of fact. Facts, but not conclusions, are assumed true for purposes of a motion to dismiss. The Court did little to help judges or lawyers understand this elusive distinction, and, indeed, obscured the distinction with its language. The Court said it was distinguishing “legal conclusions” from factual allegations. The application in Twombly and Iqbal, however, shows that the relevant distinction is not between law and fact, but rather between different types of factual assertions. This …

Tracking Client Outcomes: A Qualitative Assessment Of Civil Legal Aid’S Use Of Outcomes Data, With Recommendations, David Udell, Amy Widman

Faculty Scholarship

In virtually all sectors of society, people are using data to improve what they do. Everyone, it seems, is interested in data, and is searching for best strategies to draw on its power. The stakes are high in the civil legal aid community, where strengthened advocacy can enable people to preserve their homes, their relationships with their children, their life savings, their physical and emotional well-being, and even their freedom.

Yet, in the civil legal aid community, awareness of the power of data is just beginning to take root. Traditionally, civil legal aid has been thinly funded, with little infrastructure …

The Mainstreaming Of Sex Workers' Rights As Human Rights, Chi Adanna Mgbako

Faculty Scholarship

No abstract provided.

Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez

Faculty Scholarship

Law and Society research in and about Latin America has been particularly beneficial in elucidating the gap between the ideals of racial equality laws in the region and the actual subordinated status of its racialized subjects. Some of the recurrent themes in the race-related literature have been: the limits of the Latin American emphasis on criminal law to redress discriminatory actions; the limits of multicultural constitutional reform for full political participation; the insufficiency of land reform and recognition of ethnic communal property titles; and the challenges to implementing race conscious public policies such as affirmative action. Especially illuminating have been …

What Should Presidential Candidates Tell Us About Themselves? Proposals For Improving Transparency In Presidential Campaigns, Megha Dharia, Rikki Lavine, Ryan Partelow, James Auchincloss, Krysia Lenzo

Faculty Scholarship

Elections are at the foundation of our democracy, but voters sometimes cast their ballots without critical information about presidential candidates. This report calls for requirements that candidates release more personal financial information, including five years of tax returns, and undergo criminal and intelligence background checks. The report also advocates for a system allowing candidates to submit to voluntary medical exams with some results released to the public.

This report was researched and written during the 2018-2019 academic year by students in Fordham Law School’s Democracy and the Constitution Clinic, which is focused on developing non-partisan recommendations to strengthen the nation’s …

Evidentiary Irony And The Incomplete Rule Of Completeness: A Proposal To Amend Federal Rule Of Evidence 106, Daniel J. Capra, Liesa L. Richte

Faculty Scholarship

No abstract provided.

A Poetics Of Violence: Representations Of Violence As Storytelling And World-Building Tools Of The Theater, Richard Gilbert

Dissertations

This dissertation explores how representations of violence do dramaturgical work in theatrical production. Playwrights write scenes of violence, and directors and designers stage them, with specific dramaturgical goals in mind. The project of this work is to develop a theoretical framework for understanding how productions use representations of violence. Ideally, that framework will be of use both to critics seeking to analyze productions with violence and to practitioners who want to more consciously shape their own use of violence.

Representations of violence create a sudden change in the audience's affective experience of the fictional world. I call that sudden change …

The Impact Of Number Talks On Kindergarten Math Growth In A Large Private Independent School, Rebecca Knight

Doctor of Education Dissertations

This mixed methods action research study examined the implementation process and impact of a 9-week Number Talk intervention to build number sense in kindergarten students. Fifty-eight kindergarten students engaged in daily Number Talk lessons for 9 weeks. Qualitative data were collected to evaluate the strengths and challenges of the implementation process with the teacher participants through a twice weekly observation tool and through bi-weekly math professional learning community discussions. The qualitative data gathered were coded for themes using Tesch’s Eight Steps for coding information. The data allowed me to evaluate the implementation process to determine if Number Talks were implemented …

Examining The Effects Of Culturally Responsive Teaching Practices Of Educators, Lenore Thompson

Doctor of Education Dissertations

This dissertation was designed to examine how experiences, education, and professional development informed culturally responsive pedagogy and influenced teacher beliefs in their ability to guide students to success when employing culturally responsive teaching practices. The research school district was located in the piedmont region of North Carolina. It was determined after reviewing the district’s historical student achievement data there was a trend of underachievement by marginalized groups of students. Licensed educators completed the Culturally Responsive Teaching Self-Efficacy (CRTSE) Scale and the Culturally Responsive Teaching Outcome Expectancy (CRTOE) Scale in order to determine their level of preparedness to teach students from …

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31, 2019, As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Perceived Threat And Left-Wing Authoritarianism: The Effect Of Framing On Persuasive Messages, James Donald Mcfarland

Graduate Student Theses, Dissertations, & Professional Papers

Past research reveals a strong connection between feeling threatened and Right-Wing Authoritarianism (RWA). This relationship is considered to be an integral part of authoritarianism and the nature of its presence in the left-leaning populace is still being fully explored. This study examined the relationship between perceived threat and Left-Wing Authoritarianism (LWA) through the framing of persuasive messages. Participants (n = 256) were recruited through Amazon’s Mechanical Turk (MTurk) and given a list of reward- or threat-framed statements concerning the possible ramifications of voting in future elections and then asked to rate the quality and persuasiveness of the respective statements. …

“Meet Them Where They're At”: Faith-Based And Secular Homeless Outreach Approaches, Larissa K. Fitzpatrick

Graduate Student Theses, Dissertations, & Professional Papers

Many organizations strive to provide resources for individuals experiencing homelessness both in and outside of shelters. Studies analyzing the effects of religiosity on the practices of homeless shelters show that both faith-based and secular shelters generally offer a variety of services, from the accommodative, such as food and shelter, to the restorative, like housing, substance-use rehabilitation, and spiritual transformation (Snow and Anderson 1993). Although both types of shelters may require clients to participate in the latter to access the former, faith-based shelters often show a belief-based rigidity, with many requiring prayer, sermon attendance, or a proclamation of faith to access …

Digitizing The Corporeal: The Affect Of Mediatized Elements In Theatrical Performance, Kurtis Layne Hassinger

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores the affect of digital media in live performance. The research is generated from work with integrated digital media in Carol Ann Duffy's 2015 adaptation of Everyman as well as Samuel Beckett's radio play Cascando. Through experimentation and implementation of motion tracking digital elements and actor-manipulated sonic and visual digital media achieved with MIDI and OSC mapping, I explore the embodiment of performances by actors when their various characters are represented on the physical as well as the digital stage simultaneously.

The research interrogates digital media in storytelling when actors can manipulate imagery and language in real time …

Remote Sensing Approaches To Predict Forest Characteristics In Northwest Montana, Ryan P. Rock

Graduate Student Theses, Dissertations, & Professional Papers

Remote sensing can be utilized by land management organizations to save money and time. Mapping vegetation using either aerial photographs or satellite imagery and the applications for forest management are of particular interest to the Montana Department of Natural Resources. In 2018, the organization began a pilot program to test the incorporation of raster analysis of remotely sensed data into their inventory program and had limited success. This analysis identified two areas of improvement: the selection method of inventory plots and the imagery used for classification and metrics. This study found that selecting inventory plots using a generalized random tessellation …

Enhancing The Impact Of Behavioral Activation Via Prospection, Chelsey M. Maxson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"A Pressure Not To Be Resisted Or Evaded": Military Occupation, Reform, And The Incorporation Of Northern Montana, 1879-1916, Hayden Nelson

Graduate Student Theses, Dissertations, & Professional Papers

This thesis explores Fort Assinniboine’s role as an extension of the federal government’s military arm in the Northern Plains. It argues that the military occupation of northern Montana served to incorporate the northern borderland region and peoples into the American mainstream as a part of the national reconstruction processes following the Civil War into the twentieth century. In a period of half a century, north-central Montana transformed from a Native American common hunting ground lacking any major white settlement to a rapidly developing agricultural region. Fort Assinniboine played a central role in this transformation, hastening the economic collapse of the …

Generating Peptide Mass Spectrometry Ground Truth Data, Jessica L. Henning, Rob Smith

Graduate Student Theses, Dissertations, & Professional Papers

Very few quantitative evaluations exist for precursor mass spectrometry data due to the lack of tools for enabling the manual feature finding necessary to generate this data. Other lacks the ability to capture, edit, save, and view precursor mass spectrometry data. We present JS-MS 2.0, a software suite that provides a dependency-free, browser-based, one click, cross-platform solution for creating precursor ground truth. The software retains the first version’s capacity for loading, viewing, and navigating MS1 data in 2- and 3-D, and adds tools for capturing, editing, saving and viewing isotopic envelope and extracted isotopic chromatogram features. The software can also …

Implementation Of A Dose Response To Wood Smoke Pm: A Potential Method To Further Explain Cvd In Wildland Firefighters., Dylan Richmond, John Quindry, Christopher T. Migliaccio, Brent Ruby

Graduate Student Theses, Dissertations, & Professional Papers

The presentation of cardiovascular disease (CVD) and comorbidities in aging and retired wildland firefighters (WLFF) continues to be one of the top health priorities to address by The United States Forest Service. In the past 20 years, experts at multiple meetings and conferences have confronted this growing concern as a formal call to action to investigation the individual components related to working in the wildland fire setting. The inhalation of wood smoke particulate matter (PM) shows evidence of altering homeostasis in WLLF’s in the areas of oxidative stress, inflammation, and arterial stiffness, all of which contribute to the development of …

A Snapshot Of Care: Creating Models Of Care For Individuals Included In The Terry Collection, Felicia Robyn Sparozic

Graduate Student Theses, Dissertations, & Professional Papers

Utilizing the bioarchaeology of care model, this research formulates a model of care based on ethnohistorical and skeletal markers of pathologic conditions. The index of care is the method used to create models of care, and this requires social, cultural, economic, environmental, and mortuary contexts to determine the resources required to aid a person through injury or disability. This paper investigates the impact of known medical, occupational, and morgue records that accompanied each selected individual in the skeletal collection. This additional information, beyond what is gained from skeletal analysis, generates a complex model of care. A more complex model of …

Self-Compassion As A Protective Factor Against Minority Stress For Lgbt Individuals, Morgan Christine Bowlen

Graduate Student Theses, Dissertations, & Professional Papers

Objectives: Research has found that anxiety, mood, and substance use disorders are more prevalent in LGBT individuals than heterosexual individuals (Fergusson, Horwood, & Beautrais, 1999). An explanation for these differences has been put forward by Meyer (2003), the Minority Stress Model, which is a theoretical framework that proposes that individuals who occupy a stigmatized minority status, such as LGBT individuals, may experience increased stress on the basis of stigmatization associated with this status. Results from multiple studies support the relationship between mindfulness and coping skills, life satisfaction, and positive health outcomes for LGBT individuals (Crews & Crawford, 2015; Gayner …

Conceptions And Receptions: A Case Study Analysis Of Community Engagement At Four Local Museums, Mary L. Casey

Graduate Student Theses, Dissertations, & Professional Papers

The theme of community engagement has been a prevalent topic of debate and discussion among museum professionals across the country, and so this thesis seeks to examine how four local museums connect with their local audiences in meaningful and successful ways. I focus on local museums because they have the unique opportunity to intimately engage their immediate community’s perceptions of identity and heritage, and relate the interpreted past in innovative ways that effectively resonate with the contemporary lives of current residents.The Historical Museum at Fort Missoula, Strawbery Banke Museum, The Tuck Museum of Hampton History, and the James House Museum, …

Fabrications, Molly V. Rivera

Graduate Student Theses, Dissertations, & Professional Papers

The objects that surround us tell a story of our past, and act as physical stand ins for a person, place, or experience no longer present. My work explores the significance of objects and how we use them to preserve our memories and make them tangible. Memory is ephemeral and changes over time, simultaneously growing weaker and stronger. I use clay to accentuate this relationship, visually depicting both preservation and decay.

Inspired by my personal narrative, I recreate specific objects of significance by hand. This results in subtle variations of the original, much like the changes in our memory over …

Preliminary Investigation Of An Aphasia-Friendly Version Of The Patient Health Questionnaire – 8 (Phq-8) Compared To Other Patient And Proxy Reported Outcome Measures Of Depression, Kaylee Marie Walter

Graduate Student Theses, Dissertations, & Professional Papers

Persons with aphasia (PWA) experience post-stroke depression more frequently than stroke survivors who do not have aphasia. Currently, no patient reported outcome measures that screen for depression have been created specifically for PWA or modified to be aphasia friendly for PWA. The purpose of this preliminary study is to modify the Patient Health Questionnaire- 8 (PHQ-8) to an aphasia friendly format and to assess the feasibility of administering the modified assessment compared to other patient-reported and proxy-reported outcome measures used to screen depression. This retrospective analysis examined pre- and post-treatment outcome measures of depression for seven stroke-survivors with aphasia. The …

Coalescent: A Collection Of Defining Life Experiences, Stephanie A. Dishno

Graduate Student Theses, Dissertations, & Professional Papers

Coalescent: A Collection of Defining Life Experiences, reflects on my experiences and curiosities of important life events that a person may use to construct their narrative identity. In this paper, I discuss my reflections, influences, and materials used to create my thesis exhibition, Coalescent. I describe my work as a collection of life experiences that are used to construct a narrative identity.

Handing Down The Heritage: Preserving Irish Diasporic Identities In The Festival City Of Montana, Margaret Mary Walsh

Graduate Student Theses, Dissertations, & Professional Papers

Butte, Montana is a tough, historic industrial town in western Montana known for its mining, its Irish, and strangely, its festivals. The city boasts countless parades and community events each year for a variety of holidays as well as for showcases of traditions and ethnic pride. Three celebrations in particular, St. Patrick’s Day, Fourth of July, and An Rí Rá, attract visitors from all over the country – and world – who seek to experience the enthusiasm and splendor of these celebrations. So, what can these popular celebrations in Montana’s Festival City, Butte, reveal about the Irish community living there? …

A Natural Rank Problem For Homogeneous Polynomials And Connections With The Theory Of Functions Of Several Complex Variables, Kevin A. Palencia Infante

Graduate Student Theses, Dissertations, & Professional Papers

We study a natural extremal problem about the vector space consisting of all homogeneous polynomials of degree $d$ in $n+1$ variables with real coefficients, together with the zero polynomial. We define the {\it rank} of a polynomial to be the number of distinct monomials appearing in the polynomial with non-zero coefficient. We are particularly interested in those homogeneous polynomials whose quotient with the homogeneous polynomial $x_0+x_1+\cdots+x_n$ is a polynomial of degree $d-1$ with maximal rank. For each degree $d$, we seek the minimum rank for an element of this subfamily and we seek to describe those polynomials with minimum rank. …

A Search For Community, Alexander Moore

Graduate Student Theses, Dissertations, & Professional Papers

I attempt to understand what is meant by community by grounding the analysis in Raymond Williams’ historical definition. From this, I work the criteria of community as described by Williams so to determine their precise meaning and primacy. I attempt to show why community must be small in size while arguing that humans are in a community with nonhumans. Building upon this move, I take up an argument for the role of place in community formation. This preceding inquiry is meant to prime an analysis of both virtue ethics and literature, specifically an application of Martha Nussbaum’s Central Capabilities to …

Linking Health Behavior Theory And Interventions To Increase Human Papillomavirus Vaccine Uptake, Gretchen Elizabeth Neal

Graduate Student Theses, Dissertations, & Professional Papers

Human papillomavirus (HPV) is the most common sexually transmitted disease in adults in the United States (US). Persistent HPV infection can cause several cancers, including cervical, oropharyngeal, and anal cancer. To prevent these cancers, the U.S. Advisory Committee on Immunization Practices recommends that all adolescents start the HPV vaccine series at ages 11-12 years. Despite the safety and efficacy of available HPV vaccines, vaccine uptake rates remain lower than public health goals. In the US, only 51.1% of eligible adolescents have completed the vaccine series, a rate lower than the Healthy People 2020 goal of 80% coverage for series completion. …