Digital Commons Network^™

An Exploration Of Sexual Consent, Sexual Non-Consent, And Nonverbal Sexual Consent Communication Behaviors, Amongst Community Stakeholders., Brent Stewart

Theses and Dissertations

Sexual Consent is a central concept in the field sexual violence and sexual violence prevention (Beres, 2007). However, despite disproportional rates of sexual violence amongst LGBT+ community, currently our understanding sexual consent and its practice is primarily focused on heterosexual encounters of traditional college aged students (CDC, 2017, Muehlenhard, Humphreys, Jozkowski & Peterson, 2016). The current study utilized the Delphi method to develop a better understanding of sexual consent, sexual non-consent, and nonverbal sexual consent communication behaviors among two distinct groups: sexual researchers and men who have sex with men (MSM). Thirty-five panelists (13 researchers 22 MSM) completed one- three …

Transcriptomic And Pharmacological Characterization Of A Murine Line Harboring An Antidepressant-Insensitive Serotonin Transporter, Meghan Alicia Rodriquez

Theses and Dissertations

Perinatal depression is a complex mood disorder often treated with Selective Serotonin Reuptake Inhibitor (SSRI) antidepressants, which block the serotonin transporter (SERT) and alter synaptic serotonin concentrations. The serotonergic system is highly plastic and serotonin regulates the growth and maturation of neurons and signaling systems from conception through end of life. Notably, interference with serotonin levels during an SSRI sensitive window (SSW) of development in humans and rodents has been linked to neurovegetative effects which increase susceptibility for the manifestation of anxiety- and depressive-like behaviors and can be persistent throughout life. We hypothesize the persistent behavioral perturbations resulting from acute …

Literacy Development In Early Intervention: Confidence And Knowledge Of Occupational Therapists, Roberta Carrlson

Theses and Dissertations

Literacy is an essential component of education and impacts learning potential through life. Development of literacy begins in infancy, and children who experience delays in their development are also at high risk of having delayed literacy development. Multiple programs have been designed to help at-risk children meet their developmental milestones and require literacy development to be explicitly addressed. One such program is Part C of the IDEA, also known as Early Intervention (EI). Occupational therapists (OTs) are one profession that supports families under this program. Occupational therapy academic standards do not require literacy development as part of the curriculum, nor …

North Dakota Administrators' And Teachers' Perception On School Calendars: Academic And Social-Emotional Learning, Jacqueline Gaye Bye

Theses and Dissertations

The goal of this qualitative flexible design research study was to discover if North Dakota should revise North Dakota PK-12 school calendar requirements for the academic and social-emotional development of students. Innovative reforms that might be beneficial in revising the North Dakota school calendar were researched. A literature review was completed which included relevant, and current (at the time of this study), research about school calendar revisions both nationally and internationally. This research may be a useful guideline of what would be an appropriate amount of time students should spend in school to benefit students both academically and socially-emotionally. Data …

Rural Mental Health Therapist’S Attitudes Toward Evidence Based Practice And Readiness For Change, Marc S. Dutch

Theses and Dissertations

Rural Mental Health Therapists (RHMTs) face unique obsticles such as having to cover vast distances and isolation. Additionally, RHMTs also struggle with access to continuing education, training, supervision and other resources. Consequently, long tenured RHMTs tend to be at a disadvantage to acquiring and maintaining their ability to practice from an Evidence- Based Practice (EBP) approach in their clinical treatment. This study aims to better understand what Behavior Change factors effect RHMTs attitudes toward practicing from an EBP approach, as well as individual characteristics. Participants were 81 RHMTs practicing in a mental health capacity in the USA. Results indicated that …

Giving Birth On Foreign Soil: A Phenomenological Study Of Somali Women Giving Birth In North Dakota And Minnesota, Tracy Jo Enger

Theses and Dissertations

Health disparities continue to exist in minority populations in the United States. People ofcolor have a higher incidence of negative birth outcomes; and view their experiences with less satisfaction. The purpose of this study was to explore what Somali Muslim have women have experienced during their labor and delivery in Minnesota and North Dakota. This research was conducted to improve our understanding of the needs of Somali women during labor and delivery in order to provide nursing care that is culturally sensitive. Phenomenological data was collected from personal interviews with Somali women who had given birth in North Dakota and …

An Exploratory Factor Analysis Of The Collectivist Coping Styles Inventory Using An Adult American Indian Sample, Micah Louis Prairie Chicken

Theses and Dissertations

The present study examined the factors that emerged from the Collectivist Coping Styles (CCS) inventory using an exploratory factor analysis with an adult American Indian sample. The CCS inventory was originally developed using a sample of Taiwanese college students by an American-led research team and published in 2006. The CCS consists of 30 collectivist culture-specific coping items, among other indices (e.g., trauma resolution index). Coping has largely been theorized, and subsequently measured, from a White American individualist perspective. In response, a number of researchers with interests in non-White ways of being have begun broadening this area by examining coping from …

Participatory Action Research: Managing Smartphones In The Secondary Classroom, Andrea Simon

Theses and Dissertations

This research explores potential benefits and challenges associated with smartphone use amongst students in the high school classroom and policy considerations for the management of these devices. Managing student usage of smartphones in the classroom can be a complex challenge. Outside influences have infiltrated the learning space like never before, and student access to resources and distractions multiplies daily. Students need support and guidance in learning how to effectively manage their devices as they face life in the age of technology. Likewise, teachers need support in creating and applying effective policies and strategies to manage these devices in the classroom. …

Flight Training For Commercial Remote Pilots, Michael Walach

Theses and Dissertations

A remote pilot training program, part of an sUAS course, were studied to determine the effectiveness and portability of the training curriculum. Students in a university unmanned aircraft systems course were the subjects, and multiple data points were collected over the 15 week program. No differences were found in student performance on the metrics used to assess the students regardless of who the students had as a flight instructor. Males scored higher than females on prior flight experience upon entering the course; however, neither gender nor prior aviation experience were significant contributing factors in student success either academically (written tests) …

Military Combat Veterans, Sentencing Reform, And Problem-Solving Courts, Andrea Sivanich

Theses and Dissertations

Military veterans involved with the criminal justice system may have unique behavioral health and physical needs, including post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and could benefit from sentence mitigation that emphasizes rehabilitation. This research is related to sentencing reform and how it may support problem-solving court sentencing, as a subset of community-based treatment options within the criminal justice system. This research is important in that it attempts to determine whether the law distinguishes veteran offenders, as a specific population, from other offenders with treatment needs. To do that, this dissertation examines the role of legal texts in …

The Effect Of Green Human Resource Management On Environmental Performance: The Mediating Role Of Employee Eco-Friendly Behavior, Atif Ali Gill, Balqees Ahmad, Shiza Kazmi

All Works

The current study examines the change in environment performance through green human resource management in a developing country’s higher education institutes. The data were collected by survey using a reliable and valid instrument adopted from the literature. The unit of analysis in the current study is an individual consisting of employees working in higher educational institutions of Pakistan. Three hundred questionnaires were distributed while 220 questionnaires were found completely filled for statistical analysis. The current study utilizes the multiple regression techniques through structural equation modelling using second-generation software SmartPLSv3.0. The results indicate the positive influence of green human resource policies …

User Acceptance Of Smart Watch For Medical Purposes: An Empirical Study, Rana Saeed Al-Maroof, Khadija Alhumaid, Ahmad Qasim Alhamad, Ahmad Aburayya, Said Salloum

All Works

This study aims to investigate the most effective and interesting variables that urge use of the smartwatch (SW) in a medical environment. To achieve this aim, the study was framed using an innovative and integrated research model, which is based on combining constructs from a well-established theoretical model’s TAM and other features that are critical to the effectiveness of SW which are content richness and personal innovativeness. The Technology Acceptance Model (TAM) is used to detect the determinants affecting the adoption of SW. The current study depends on an online questionnaire that is composed of (20) items. The questionnaire is …

Manipulating Interword And Interletter Spacing In Cursive Script: An Eye Movements Investigation Of Reading Persian, Ehab W. Hermena

All Works

Persian is an Indo-Iranian language that features a derivation of Arabic cursive script, where most letters within words are connectable to adjacent letters with ligatures. Two experiments are reported where the properties of Persian script were utilized to investigate the effects of reducing interword spacing and increasing the interletter distance (ligature) within a word. Experiment 1 revealed that decreasing interword spacing while extending interletter ligature by the same amount was detrimental to reading speed. Experiment 2 largely replicated these findings. The experiments show that providing the readers with inaccurate word boundary information is detrimental to reading rate. This was achieved …

The Fight Ahead, Bernard E. Harcourt

Faculty Scholarship

The sitting president of the United States, squarely defeated in the 2020 election and denied a second term, staged a counterrevolution on January 6, 2021-the day Congress was scheduled to confirm the results of the Electoral College. It was an unprecedented sight. A mob stormed the Capitol, overtook the House and Senate chambers, and ransacked the Speaker's office. Instigated by the president, the insurrection was enabled by the leaders of the Republican Party who, for months, refused to recogniz.e the election results.

This counterrevolution was long in the making. Its eruption fully exposed the deep rift in this country.

The Right To Mental Health In Yemen, Waleed Alhariri, Amanda Mcnally, Sarah Knuckey

Faculty Scholarship

Mental health issues are all too common consequences of conflict and atrocity crimes, often causing upwards of one-quarter of the post-conflict, post-atrocity population to suffer from physical and mental sequelae that linger long after weapons have been silenced. After more than six years of ongoing conflict, Yemen’s already weak health care system is on the brink of collapse, and population resilience has been severely stressed by indiscriminate attacks, airstrikes, torture, food insecurity, unemployment, cholera, and now the COVID-19 pandemic. This paper examines Yemen’s responsibilities regarding the right to mental health and details the few actions the government has taken to …

The Southern Hospitals Report, Elizabeth Reiner Platt, Katherine M. Franke, Candace Bond-Theriault, Amy Littlefield

Faculty Scholarship

When research for this report was first initiated, it was intended to answer a narrow question: is abortion care restricted at historically Protestant hospitals in the U.S. South? Strict limits on access to abortion at Catholic hospitals — and the ways in which this can obstruct and delay even emergency medical care — are already well documented in legal and medical literature and news media. In contrast, restrictions at Protestant hospitals have not been extensively studied and are not well understood. Our research sought to fill this gap in knowledge. We focused on the U.S. South because Catholic hospitals are …

Looking Back With A Legend: Ira Millstein Reflects On The Impact Of Milton Friedman's Views On Corporate Governance, Eric L. Talley, Ira M. Millstein, Leo E. Strine Jr.

Faculty Scholarship

In this discussion, corporate governance legend and frequent The Business Lawyer contributor Ira M. Millstein reflects on the impact of Milton Friedman and his adherents on our corporate governance system and economy generally, as well as the path forward to an economy that functions better for the many. Millstein takes an historical perspective in conversation with former Chief Justice and Chancellor of Delaware, Leo E. Strine, Jr., moderated by Professor Eric Talley of Columbia Law School. Millstein situates the evolution of our corporate governance system, including the effect of Friedman and the Chicago school on it, within the political dynamics …

The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn

Faculty Scholarship

This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need …

Re-Reading Chevron, Thomas W. Merrill

Faculty Scholarship

Though increasingly disfavored by the Supreme Court, Chevron remains central to administrative law doctrine. This Article suggests a way for the Court to reformulate the Chevron doctrine without overruling the Chevron decision. Through careful attention to the language of Chevron itself, the Court can honor the decision’s underlying value of harnessing comparative institutional advantage in judicial review, while setting aside a highly selective reading that unduly narrows judicial review. This re-reading would put the Chevron doctrine – and with it, an entire branch of administrative law – on firmer footing.

Legal Internalism In Modern Histories Of Copyright, Shyamkrishna Balganesh, Taisu Zhang

Faculty Scholarship

Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon wherein such participants treat the domain of law (or a subset of it) as normative, epistemologically self-contained, and logically coherent on its own terms regardless of whether the law actually embodies those characteristics. Thus understood, legal internalism remains an important characteristic of all modern legal systems. In this Review, we examine three recent interdisciplinary histories of copyright law to showcase the working of legal internalism. We argue that while their interdisciplinary emphasis adds to the conversation …

Law Enforcement Organization Relationships With Prosecutors, Daniel C. Richman

Faculty Scholarship

Although police departments and prosecutor’s o􀁽ces must closely collaborate, their organizational roles and networks, and the distinctive perspectives of their personnel, will inevitably and regularly lead to forceful dialogue and disruptive friction. Such friction can occasionally undermine thoughtful deliberation about public safety, the rule of law, and community values. Viewed more broadly, however, these interactions promote just such deliberation, which will become even healthier when the dialogue breaks out of the closed world of criminal justice bureaucracies and includes the public to which these bureaucracies are ultimately responsible. This chapter explores such organizational interactions and their value.

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” …

Strengthened Bonds: Abolishing The Child Welfare System And Re-Envisioning Child Well-Being, Nancy D. Polikoff, Jane M. Spinak

Faculty Scholarship

The 2001 book, Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts, called out the racism of the child welfare system and the harms that system perpetrates on families and communities. Twenty years later, despite numerous reform efforts, the racism and profound harms endure. It is time for transformative change. In this foreword to the symposium Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being, honoring the 20th anniversary of Shattered Bonds, we highlight Professor Roberts’ articulation of her development as a family policing abolitionist and summarize the articles and comments contributed from scholars …

Automating Fairness? Artificial Intelligence In The Chinese Court, Rachel E. Stern, Benjamin L. Liebman, Margaret Roberts, Alice Z. Wang

Faculty Scholarship

How will surging global interest in data analytics and artificial intelligence transform the day-to-day operations of courts, and what are the implications for judicial power? In the last five years, Chinese courts have come to lead the world in their efforts to deploy automated pattern analysis to monitor judges, standardize decision-making, and observe trends in society. This Article chronicles how and why Chinese courts came to embrace artificial intelligence, making public tens of millions of court judgments in the process. Although technology is certainly being used to strengthen social control and boost the legitimacy of the Chinese Communist Party, examining …

President's List, Spring And Fall 2021, State University Of New York College At Cortland

President’s List Programs

Spring and Fall 2021 President's List.

A Ringing Endorsement Of Lawyers, And The Most Important Development In Child Protection Law, Joshua Gupta-Kagan

Faculty Scholarship

Two empirical studies demonstrating the impact of vigorous family defense legal work on child protection cases bookended the 2010s. In 2012, Mark Courtney and Jennifer Hook found that cases in which a specialized interdisciplinary law office (ILO) represented parents had faster reunifications, guardianships, and adoptions than similar cases with different parental representation, though it did not explore how those results were obtained. In 2019, Lucas Gerber, Yuk Pang, Timothy Ross, Martin Guggenheim, Peter Pecora, and Joel Miller found that, compared to solo and small office practitioners, ILOs in New York City hastened reunification and guardianships for their clients, leading to …

Beyond "Children Are Different": The Revolution In Juvenile Intake And Sentencing, Joshua Gupta-Kagan

Faculty Scholarship

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases — when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can …

Reimagining Schools’ Role Outside The Family Regulation System, Brianna Harvey, Joshua Gupta-Kagan, Christopher Church

Faculty Scholarship

The United States’ family regulation system often begins with well-intentioned professionals making child protection hotline calls, jeopardizing their own ability to work with families and subjecting the families to surveillance. By the system’s own standards, most of this surveillance leads to no meaningful action. Nowhere is this reality more present than in schools. Educational personnel serve as the leading driver of child maltreatment allegations, yet decades worth of data reveal educator reports of maltreatment are the least likely to be screened-in and the least likely to be substantiated or confirmed. In other words, education personnel — whether motivated by genuine …

Leading Through Learning: Using Evolutionary Learning To Develop, Implement, And Improve Strategic Initiatives, Kimberly Austin, Amanda Cahn, Elizabeth Chu, Andrea Clay, James S. Liebman

Faculty Scholarship

Equitably educating students requires effective differentiation of services based on students’ strengths and needs. Doing so reliably at scale is difficult given the diversity of students and contexts in our public school systems and the diversity of needs created by historical and institutionalized discrimination against people of color, immigrants, and other populations.

Still, a number of systems and organizations have succeeded in advancing equity at scale. They have done so by finding new ways to design, lead, and manage their operations and engage internal and external stakeholders – in our language, new ways to govern2 their work. Cutting across these …

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …