Digital Commons Network^™

Disability Admin: The Invisible Costs Of Being Disabled, Elizabeth F. Emens

Faculty Scholarship

This Essay comes in five parts. After this Introduction, Part I begins by briefly sketching the concept of life admin and setting out the understanding of disability that informs the ADA. Part II demonstrates the special burdens that admin places on people with disabilities and uses this argument to refine the social model of disability and clarify its implications. This theoretical insight lays the groundwork for Part III to fill a gap in the analysis of “reasonable” accommodation under Title I. This Part shows that, although courts have set out a cost-benefit analysis as the framework for determining the “reasonableness” …

The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt

Faculty Scholarship

Legal scholars describe Article V of the U.S. Constitution, which sets forth rules for amending the document, as an uncommonly stringent and specific constitutional provision. A unanimous Supreme Court has said that a “mere reading demonstrates” that “Article V is clear in statement and in meaning, contains no ambiguity, and calls for no resort to rules of construction.” Although it is familiar that a small set of amendments, most notably the Reconstruction Amendments, elicited credible challenges to their validity, these episodes are seen as anomalous and unrepresentative. Americans are accustomed to disagreeing over the meaning of the constitutional text, but …

International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer

Scholarly Works

Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …

2021 Community-Based Care: Resident And Community Characteristics Report On Assisted Living, Residential Care, And Memory Care Communities, Ozcan Tunalilar, Paula Carder, Sheryl Elliott, Jason Z. Kyler-Yano, Sarah Dys, Minju Kim, Diana Cater, Ellis Jourdan Hews

Institute on Aging Publications

This report summarizes findings from the 7th annual study of Oregon assisted living (AL) and residential care (RC) facilities, including memory care (MC) communities. The purpose of this report is to inform Oregon Department of Human Services (ODHS), providers, consumers, and other interested parties about this sector of long-term services and supports (LTSS) and ensure data-informed policy decisions. The report contains information about various resident and community characteristics, including capacity and supply, resident demographics and health services use, and community services, policies, fees, and staffing. These data were collected between winter 2020 and spring 2021. This report constitutes the first …

Evaluation Of The Livewell Method: Final Report, Paula Carder, Serena Hasworth, Diana Cater

Institute on Aging Publications

The LiveWell Method uses a practice-based framework to improve the quality of life for people living and working in long-term care settings, including assisted living and memory care. It is designed to improve teamwork, communication, and morale by helping staff organize, track, measure, and improve daily operations. This evaluation is informed by the LiveWell Method’s “bottom-up and top enabled” approach, which engages and empowers direct care staff and administrators to create a more democratic and transparent workplace. In addition, the evaluation included questions to assess LiveWell’s core values, such as creating care innovations, nurturing dignity, creating community, and honoring elders, …

Nonobviousness: Before And After, Dmitry Karshtedt

GW Law Faculty Publications & Other Works

The requirement of nonobviousness, codified in 35 U.S.C. § 103, has been called “the ultimate condition of patentability” because of its crucial function of keeping technically trivial inventions out of the patent system. The obviousness determination must be made based on the state of the invention’s field at a particular point in time—in the Patent Act’s current version, the date that the patent application was effectively filed with the U.S. Patent and Trademark Office (“PTO”).

However, in spite of the critical role of time in patent law and the danger that hindsight bias could distort § 103 analysis when patentability …

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Unlocking Progressive Corporate Governance: The Black And Brown Hdfc Key, Gregory Louis

American University Business Law Review

No abstract provided.

Improving The Civil-Military Relationship: Diversity And The U.S. Army, Cody Schuette

Journal of Strategic Security

Although the U.S. Army has significantly increased racial diversity in the aggregate, non-white Americans remain underrepresented as commissioned officers, especially in the General Officer ranks. This is a significant defense policy problem because research shows a strong correlation among the diversity of senior leaders and effectively processing complex information to generate innovative, creative, and efficient solutions. These positive traits of diversity will help General Officers prepare for and manage the long-term and strategic threats posed by peer or near-peer competitors and violent non-state actors. Increased diversity also improves the civil-military relationship by ensuring Army Generals mirror the nation they serve …

Emancipatory And Controlling: Examining The Negotiation Of Masculinity-Centered Practices By Women's And Gender Equity Center Practitioners, Ashley M. Brown

Dissertations

Initiatives to understand and transform masculinity have increasingly emerged in higher education, calling attention to the consequences of dominant, masculine gender expectations that permeate throughout college campuses. These masculinity-centered practices in higher education encompass formalized, departmental initiatives for students, faculty, and/or staff that examine topics related to masculinity through educational workshops, speaker events, professional development sessions, dialogue spaces, and other efforts. While it is often assumed that these practices support the advancement of gender equity, scholars have theorized the ways in which this work can also lead to depoliticized efforts that may, in fact, reify patriarchal and other systems of …

The Upstart Peril In The Nineteenth-Century English Novel, Lydia Craig

Dissertations

Responding to the French Revolution (1789-1799) with his widely read text Reflections on the Revolution in France (1790), conservative Whig politician Edmund Burke influentially accused an ambitious bourgeoisie of inciting the lower classes to revolt against the aristocracy and Bourbon dynasty. He also insinuated that only the class hierarchy and feudal respect prevented a similar upstart peril in England from occasioning revolution. For the English middle classes, this demonization of upstarts, or parvenus posed an ideological challenge to their public consolidation as a political and cultural force. Bourgeois authors from Jane Austen to Charles Dickens utilized an upstart rivalry device …

Slavery, The Enslaved, And The Gospel Of Matthew: A Narrative, Social-Scientific Study, Jonathan Hatter

Dissertations

This project combines social-science methodology with a narrative critical reading strategy in order to explore the use of slave language in the Gospel of Matthew. I argue that the core of Matthew's slave metaphors is not the rendering of service (to God or to others) or “slave” as an honorific title but rather "slavery" serves primarily as a metaphor for obedience and radical humility. Adopting sociologist Orlando Patterson's definition for slavery as a base model, I show that Matthew's portrayal of enslaved characters tends to conform to the prevailing views of the larger Hellenized Roman world (that is, slavery is …

A Time And Place: Structures Of Knowledge At An Archeological Field-Site, Joseph Renow

Dissertations

In regards to the places where it happens, our shared beliefs about science encompass two seemingly contradictory positions. On the one hand, scientific-knowledge is understood as universal, and as being tied to nowhere in particular. On the other hand, we believe science cannot happen just anywhere, and more often than not, we imagine it at home in the highly controlled and cleansed environments of laboratories. In this dissertation I utilize ethnographic data collected at Angel Mounds (an active archeological field-site and museum) to describe somewhere very different than where we typically imagine science occurring. At Angel Mounds science is deeply …

Refuting The Single Story Of Political Action In Hannah Arendt: Navigating Arendt's Eurocentrism And Anti-Black Racism, Katherine Brichacek

Dissertations

In this dissertation, I argue for a reconceptualization of political action according to Hannah Arendt that relies on more than her text often read text, The Human Condition. I argue that a monolithic understanding of political action which solely relies on The Human Condition allows for a narrow and ineffectual account of the concept. Taking up the analogy of one-dimensional blueprints, I claim that using The Human Condition alone only provides one perspective on and version of political action. I promote, instead, a multi-dimensional perspective of political action much like an architectural rendering software such as AutoCAD provides, or renders, …

The Effects Of Technological Supervision On Gig Workers: Organizational Control And Motivation Of Uber, Taxi, And Limousine Drivers, Peter Norlander, Nenad Jukic, Arup Varma, Svetlozar Nestorov

School of Business: Faculty Publications and Other Works

Does supervision from technological platforms alter gig workers’ motivation and perceptions of control? We address this question with two field studies set in the passenger livery (pick up and drop off) industry. A between-subjects field survey (n = 50) finds that UberX drivers perceive significantly greater organizational control compared to taxi drivers, but do not report significantly different levels of intrinsic motivation, needs satisfaction, or enjoyment of work. In a follow-up within-subjects field experiment (n = 79), we identify the causal impact of technological supervision on drivers’ perceptions of control and motivation. Black car limousine drivers who sometimes …

Secularism, The Oxford Movement, And Religious Aesthetics In John Keble, Christina Rossetti, Adelaide Anne Procter, And Gerard Manley Hopkins, Mary Harmon

Dissertations

This dissertation examines the relationship between secularism and the development of Oxford Movement poetry. The members of the movement sought to restore pre-Reformation religious practices in the Anglican Church while maintaining its distinctiveness from the Roman Catholic and Orthodox traditions, which led to the development of unique liturgy, architecture, hymns, and poetry, among other art forms. I argue that secularism simultaneously made the movement more possible while also making it more unstable. Secularism gave the theologians and poets of the movement enough freedom to borrow from older Christian traditions, yet the movement failed to revive the Anglican Church (several members …

Dramaturgi Sakaiba Dalam Hibridisasi Budaya Minahasa Sulawesi Utara, Tony Tampake, Micchelle Hermanus

Paradigma: Jurnal Kajian Budaya

This paper discusses the sakaiba ritual procession in Minahasa which is carried out every year by the Christian community to welcome the New Year. The research was conducted in Taratara village, Tomohon, North Sulawesi. This study focuses on the significance and meaning of the sakaiba ritual procession within the context of the hybridization of contemporary religious culture in Minahasa. By using the theoretical concepts of ritual and dramaturgy, as well as applying the descriptive qualitative methods, this research found that the sakaiba ritual procession is a liminal hinge that allows a peaceful encounter between the ancient Minahasa traditions and the …

Aviation Culture: A ‘Glass Sky’ For Women Pilots - Literature Review, Ivana Gorlin, Donna Bridges

International Journal of Aviation, Aeronautics, and Aerospace

This paper reports on a review of literature covering gender issues in aviation. It considers the impacts of aviation culture on women pilots. The focus of the review was on empirical studies over a 25-year period (1996-2020). Two research questions underpin the review; firstly, we investigated how aviation culture impacts women pilots’ experiences, secondly, we considered its effect on women as pilots. Using a hermeneutic methodological framework, we found that cultural attitudes towards women pilots in the aviation industry are biased and discriminatory. The studies in the review overwhelming concur that the hegemonic masculine culture that dominates aviation significantly diminishes …

Using Diffractive Activity To (Re)Configure Parental Choice Of Pre-Compulsory Education, Vicky Bamsey

Plymouth Institute of Education Theses

Prompted by the increasing number of children accessing alternatives to mainstream education, this research project was designed to investigate the activity of parents as they engaged in choosing different forms of education for their four-year-old child. The intention was to highlight the individual and entangled activity of parental choice in the English system of education. Facet methodology facilitated an exploration of the multi-dimensionality of each parent’s lived experience. It allowed for flexibility within the research process that used open interviews to follow the narratives of six sets of parents while they were thinking about and making different educational choices for …

Visual Anthropological Methods In Earthquake Risk Communication: A Transdisciplinary Approach, Johanna Ickert

School of Geography, Earth and Environmental Sciences Theses

Increases in disaster losses, in combination with emerging cascading crises, are provoking a fundamental rethinking of prevailing disaster risk reduction measures, including risk communication principles and practices. The resulting paradigm shift towards participation, action, and prevention is firmly outlined in the Sendai Framework’s call for (1) more people-centred approaches and (2) the broader use of innovative information and communication technology (ICT). However, this call raises many epistemological and methodological challenges and open questions about how hazard scientists will translate these novel requirements into their daily research practice. This thesis presents a practice-led enquiry dedicated to exploring the potential of audiovisual …

Building An Ignatian Ummah: The Experience Of Muslim International Students At An American Jesuit University, Csilla V. Samay

LMU Theses and Dissertations

In 2020, over a million international students enrolled at universities in the United States. A significant percent come from Muslim-majority countries whose governments sponsor their education abroad. As overall international enrollments decrease, recruiting this population remains attractive to U.S. institutions. International students face the challenge of entering higher education in a foreign country and culture, navigating their education during a time of political battles over immigration and issues of diversity. Muslim students face prejudice and exclusion due to Islamophobia in the U.S. Universities have a responsibility to understand and fully support students from whom they benefit financially.

This study examined …

Helping People With Dementia To Eat Well At Home: An Investigation To Understand And Enhance Nutritional Care, Louise Mole

Other Faculty of Health Theses

In this thesis I developed a complex intervention to help people living at home with dementia to eat well, and improve nutritional care. This was achieved through four studies conducted using multiple methods. A scoping review found 61 studies reported in 63 articles after searching six databases from inception to July 2016. Content analysis was used, and the overarching categories were: ‘timely identification of nutritional risk and subsequent regular monitoring of nutritional status’, ‘multi-component tailored interventions’, and the ‘influence of the caregiving dyad on nutritional status’. Most studies were cross-sectional (n=24), cohort (n=15) or qualitative (n=9). Only three were randomised …

‘The Agony & The Ecstasy: Managing A Chronic Pain Condition Whilst Being A Mother’, Movita Chapman-Moyle

Other Faculty of Health Theses

Persistent pain is a debilitating condition affecting more women than men, and for women in their child-rearing years this means struggling to bring up children whilst contending with an unforgiving pain condition. Existing research in this area has found increased levels of pain complaints in children of mothers with persistent pain, raising the risk of them developing some form of pain in later years. A primary aim of this research was to investigate ways attachment influences pain development in children of maternal persistent pain sufferers. Additionally, the aim was to investigate how transmission of pain behaviour, including the experience of …

Can The Value And Acceptability Of A Patient Feedback Tool For Revalidating Psychiatrists Be Improved For Both Patients And Psychiatrists Through Its Co-Production? An Action Research Approach., Rebecca Baines

Other Faculty of Health Theses

Background: Co-production is often suggested as an alternative approach to patient feedback design. However, critical exploration of how co-production may affect the perceived value and acceptability of a patient feedback tool is severely limited, particularly in the context of revalidation for practising psychiatrists. Aim: This research sought to address four research questions: i) how are patients and the public involved in the design, delivery and evaluation of patient feedback tools for practising psychiatrists, if at all; ii) what are patient and psychiatrist perceptions, experiences and aspirations for patient feedback tools in revalidation; iii) how do these compare and iv) can …

Exploring The Influence Of Social Relationships On Multisource Feedback Assessments For Uk General Practitioners: A Social Network Analysis, Sebastian Andrew George Stevens

Other Faculty of Health Theses

One of the most common approaches to assess the performance of qualified doctors is that of multisource feedback (MSF). Previous research often cites MSF to be a valid, reliable and feasible method of assessing performance. However, potential biases in the self-selection of raters has been highlighted as a concern for the utility of MSF, particularly when used in high-stakes assessments such as medical Revalidation. This research uses general practice as the study setting to explore the extent to which social relationships influence the rater selection choices made by doctors. A case study approach was adopted recruiting three GP practices varying …

A Practice-As-Research Project Utilizing Butler’S (1990) Feminist/ Post-Structuralist Theory Of Gender Performativity, As Well As Connells (2001) System Of Hegemony, Complicity, And Subordination To Interrogate The Formation Of Toxic Masculinities Through Practice-As-Research And Live Art Methodologies, Charlie Cornforth

Other Faculty of Arts, Humanities and Business Theses

In the past twenty years or so, the concept of masculinity has come under increasing scrutiny. What used to constitute as socially acceptable behaviour for men to engage in, has increasingly become challenged by developments such as the MeToo movement. There are now stable grounds to argue that there is such thing as a toxic masculinity, an understanding that has been brought about through a series of questions that ask what grounds masculinity is constructing its position of authority and power upon, what behaviours associated with masculinity are bringing harm to both society as a whole, the individual man and …

Norman Lewis On The Peripheral: The Relationship Of An African American Artist And The Abstract Expressionist Movement Through The Decades, 1930-1950, Ione Church

Other Faculty of Arts, Humanities and Business Theses

Abstract Expressionism took the American Art World by storm. However, the contribution of African America artist Norman Lewis is often overshadowed. In recent years Lewis has come to light as a significant artist involved with this movement, although there has been little research identifying this. My research identifies three decades of Lewis’s career as a working artist from 1930- 1950 and examines how the style of his work, politics and society form ideals on his position with the art group. The current history on Lewis is placed within the post colonial theory of race, my research will give a greater …

Future Nelsons: A Quantitative Social History Study Of British Naval Cadets, 1884-1894, Oliver J Moore

Other Faculty of Arts, Humanities and Business Theses

This dissertation is a quantitative study of naval cadets who joined the Royal Navy in the final two decades of the nineteenth century via the training institution H.M.S. Britannia (Training Ship). The focus of the study is on the backgrounds of cadets, geographical and social, and how they impacted career progression. The individuals of this study group would join the navy during a time of rapid change followed by a significant increase in recruitment of officers and men after the Naval Defence Act (1889). The importance of the navy and its future leaders was of significant interest to the navy, …

Gender And Materiality In Early Modern English Gloves, J Daybell, Svante Norrhem, Susan Broomhall, Jacqueline Van Gent, Nadine Akkerman

More Faculty of Arts, Humanities and Business Research

This article explores the complex interactions of gender with the materiality of the processes of becoming and being a glove in the early modern period. Through an investigation of gloves, glove parts, and their ephemeral presentation (through leather, embroidery, and perfume), we argue that gender and materiality act in dialogic ways to produce power relations, and that considerations of gender, power, and materiality are central to our understanding of how material things function in a given society, embedded in social practices and cultural processes of production, consumption, and exchange. Using the glove as an indicative point of exploration, the article …

Examining Organizational Factors And Their Impact On Older Adults In Life Plan Communities, Ajla Basic

Master's Theses

Aging in America continues to reveal multi-faceted concerns for both the industry and retirees; insufficient retirement savings, loneliness, and a high influx of older adults entering the retirement scene. It is expected that by 2030, 18% of the nation's population, the baby boomers, will have turned 65 (Cohn & Taylor, 2010). This demographic reality has led to increased research seeking answers to questions which emerge about the retirement age population. The Age Well Study is a longitudinal study looking at the impact of residing in a Life Plan Community. The data is collected through self-report measures by residents in the …