Digital Commons Network^™

Challenging Solitary Confinement Through State Constitutions, Alison Gordon

University of Cincinnati Law Review

Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.

State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the state …

Authority, Obedience, And Justification, Michelle Madden Dempsey

University of Cincinnati Law Review

We have a duty to think for ourselves. The law claims authority over us. We have a duty, at least sometimes, to obey the law. Alone, each of these premises is fairly uncontroversial. Combined, they create some intriguing puzzles. Can law’s claim of authority be justified? If so, does justified legal authority entail an obligation to obey the law? If not, are we nonetheless justified, and perhaps even obligated, to act as if such an obligation exists? While this essay is hardly the first to address these questions, it is the first to do so by combining elements of Joseph …

Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon

University of Cincinnati Law Review

Herman Melville’s Moby-Dick serves here as a vehicle through which to interrogate core features of American corporate law and excavate some of the deeper lessons about the human soul that lurk behind the pasteboard mask of the law’s black letter. The inquiry yields an illuminating vantage on the ethical consequences of corporate capital structure, the law of corporate purpose, the meaning of voluntarism, the ethical stakes of corporate fiduciary obligations, and the role of lawyers in preventing or facilitating corporate catastrophe. No prior familiarity with the novel or corporate law is required.

Creating Positive Impact: The Power Of Greater Purpose And Consciousness Of Connectedness, Joseph Leah, Chris Laszlo

Engaged Management ReView

As the idea of business as a positive force in society continues to grow, we ask: Under what conditions do business leaders transform their companies into organizations that create positive value for all stakeholders, generate above-average economic returns, and serve personal well-being, community health, a fair and inclusive society, and a thriving natural environment?

This study aims to explore the underlying factors and motivations of business as a force for good, and to identify practical guidance for business leaders wishing to create a positive impact through their organizations. Our prior research led us to hypothesize that a leader’s mindset—or consciousness—is …

Research On The Effect Of Using Online Interactive Learning Resources On The Learning Outcomes Of Chinese L2 Adult Learners In An Intermediate Class, Qiao Yu Cai

Chinese Language Teaching Methodology and Technology

As digital technology improves each passing day, knowledge transmission and learning methods are changing too. Gone are the days of using pen and paper as the main means for teaching and learning, and it is common to teach a target language using online learning resources, especially during the breakout of the COVID-19 pandemic. According to the Cognitive Theory of Multimedia Learning (CTML) and whole-brain learning, using online learning resources assisted instruction can produce better learning outcomes, so it is appropriate for teachers of teaching Chinese to speakers of other languages (TCSOL) to use such resources. However, one question remains to …

Culturally Responsive Teaching: Understanding And Embracing Cultural Diversity In The Chinese Classroom, Jing Gao

Chinese Language Teaching Methodology and Technology

Schools and society have become more diverse. Culturally responsive teaching as an effective teaching method has been applied in different school subject areas. This article introduces the concept of culturally responsive teaching and discusses its implementation in the Chinese classroom. This article addresses the establishment of an inclusive, safe, and academically rigorous learning environment, diversification of curriculum content knowledge and instructional strategies, and incorporation of culturally responsive assessment. Culturally responsive teaching in the Chinese classroom provides an opportunity for teachers not only to develop students' language skills and cultural understanding, but also to cultivate students' attitudes and dispositions toward diversity …

The Case For Pinyin: A Suggestion, Stephen Krashen

Chinese Language Teaching Methodology and Technology

I present the following hypotheses: Providing students with comprehensible and interesting reading material in pinyin will result in improved acquisition of oral/aural Mandarin. This additional competence in Mandarin will make texts written in Hanzi more predictable and easier to understand, resulting in improved acquisition of Hanzi. If these predictions are confirmed, it means more rapid acquisition of Mandarin and more efficient acquisition of characters.

The Use Of Social Intelligence As A Tool For Improving The Relevance Of Libraries In The Society, Iyal Usman, Florence Olabisi Ajani Ph.D, Abdulakeem Sodeeq Sulyman

Library Philosophy and Practice (e-journal)

The roles libraries play in contributing to the progress of the society cannot be overemphasized because libraries are one of the institutions needed for the over-all attainment of 21st-century goals. This paper argues that the use of Social Intelligence in the library services would aid the creation of new experience for library users and other stakeholders, which will result in increasing the credibility and recognition of libraries across various societies. Its main objective is to create awareness for the potential benefits of Social Intelligence to the library practices in the society. It uses the Social Intelligence Model of Daniel Goleman …

Brief Report: Employees’ Perceptions Of Stress And Support During A Pandemic Mandated Telework, Dimple S. Johnson, Aaron D. Johnson, Kristen B. Crossney, Emily Devereux

Irish Business Journal

COVID-19 has forced the knowledge-based workforce into full-time remote work, amplifying every-day stressors. The crisis has resulted in employees having to juggle work and home life simultaneously, while forcing many organizations with little to no experience to implement and manage teleworking. This brief study explores employee perceived stress as it relates to perceived support and age within an American workforce during the COVID-19 pandemic. In a global era of uncertainty and crisis, the findings suggest that employees’ perceived stress is negatively related to age and perceived organizational support, but not related to perceived supervisor support. The pre-pandemic world will likely …

Stand Alone Or Continue To Support: Exploring The Need For Post Incubation Services For New And Growing Enterprises., Miriam Adair, Breda Kenny, Helen Mcguirk

Irish Business Journal

Public support for entrepreneurship varies across countries and depends on issues such as sector, regional location and stage of the start-up. In making it easier for people to set up a business, many countries provide access to finance, training and advice. Business incubation (BI) centres are one such model of support for entrepreneurship. The current research provides some preliminary insights into the extent of the demand for post-incubation services in supporting new ventures to thrive and survive. Employing a unique data set based on information gathered from business incubation centre managers, current and alumni clients, we adopted an exploratory research …

The Importance Of Studying The Social Portrait Of A Modern Manager For The Formation Of A Methodology For Preparing Future Specialists For Managerial Activities In The Field Of Physical Culture And Sports, Azizbek Ulugbekovich Rashidov

Eurasian Journal of Sport Science

Purpose: It consists in studying the social portrait of a modern manager in order to form a methodology for preparing future specialists for managerial activities in the field of physical culture and sports. It is necessary to identify the modern demands of society to managers in the field of physical culture and sports, for the subsequent formation of appropriate qualities in future specialists.

Methods: In the course of the research, the following methods were used: pedagogical observation, the method of sociological research (questionnaire), methods of mathematical statistics. The survey was conducted in an online format, after which the data of …

12-16-2021 Johnson And Silvernail Named 2021-22 Ken Rose Memorial Scholars At Swosu, Southwestern Oklahoma State University

THE BARK ARCHIVE 2021

No abstract provided.

Unpacking Political Identity In First-Time Voting Christian Women: An Interpretative Phenomenological Analysis, Mary Grace Golden

Honors Theses

As political science tends to focus on polling and statistical analysis to examine individuals’ voting behaviors, the reasoning behind constituents’ decision-making process is often left in the dark. This is particularly true in first-time voting women who come from religious backgrounds that uphold complementarian gender values. This study focuses on the following research questions: How do women experience their political identity in relation to their gender identity? How do women experience their political identity in relation to their religious or faith identity? How do women experience their political identity in relation to voting for the first time? I answer these …

Mindfulness Effectiveness On Strengthening Functional Coping Skills In College Students, Tea Mirkovic Olsen

Counselor Education Capstones

Stress in college students can transpire from academic struggles, social dilemmas, responsibility increases, financial struggles, health concerns, and other personal struggles. Unmanaged stress is a well-documented issue among college students that can lead to numerous mental, physical, emotional, and spiritual problems. Discrimination and racism are additional struggles faced by cultural minority college students that are accompanied with negative coping styles. College students use a variety of coping strategies to resolve stress, often applying dysfunctional coping styles that do not resolve the issue long term. Mindfulness is an emotion-focusing coping style with evidence for effective anxiety and stress reduction through mindfulness-based …

Schizotypy, Lifestyle Behaviors, And Health Indicators In A Young Adult Sample, Thomas J. Dinzeo, Umashanger Thayasivam

College of Science & Mathematics Departmental Research

Problematic lifestyle behaviors and high rates of physical illness are well documented in people with schizophrenia, contributing to premature mortality. Yet, there is a notable absence of research examining general lifestyle and health issues in participants at risk for psychosis. This form of research may help identify concerns that exist during prodromal periods related to future outcomes. Accordingly, the current study examined lifestyle and health in a nonclinical sample of 530 young adults with varying levels of schizotypy. Increasing symptom severity was associated with greater somatic symptoms and poorer sleep quality across positive, negative, and disorganized domains. Elevated negative and …

Birth Rights And Wrongs Extended, Reuven Brandt

The Journal of Contemporary Legal Issues

Dov Fox’s Birth Rights and Wrongs offers a largely compelling argument for expanding the scope of legal actions and remedies available to those whose reproductive choices are wrongfully frustrated by the actions of others. The dominant focus of the book is individuals who, due to the negligence and/‌or malice of medical professionals, suffer harms arising from reproduction imposed, denied, or confounded. A serious examination of these kinds of injuries is certainly appropriate given that medical professionals are increasingly involved in individuals’ reproductive plans and that serious harms may arise when desired medical interventions are improperly implemented. I will not take …

Family Planning And Its Limits, Dov Fox

The Journal of Contemporary Legal Issues

A doctor botches a vasectomy. Or says it’d be dangerous to keep a healthy pregnancy. Or misses a risk of passing along disease. Our laws do little to deter such reproductive negligence or compensate its victims. Some of this misconduct leaves people without the baby they desperately want. Other times, it foists on parents a child they’d set out to avoid. Or one with meaningfully different traits than what they were led to believe.

I call these three harms procreation deprived, procreation imposed, and procreation confounded.

Thousands of fertility patients were deprived of biological parenthood when their …

Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko

University of Miami International and Comparative Law Review

The two-tier legal education system has become increasingly ineffective by virtue of the evolution of changes in legal practice and Africa’s unique conditions and circumstances. The problem is rooted in the fact that some African countries adopted the two-tier legal education system on the assumption that what worked in Britain offered a prescription for success in Africa. However, the two-tier legal education system has been ineffective in Africa because the infrastructure—pupilage, apprenticeship, continuing legal education—that complements and anneals it is not widely available in Africa. Where these elements exist, they tend to be frail and unreliable. Africa’s urgent challenge is …

Does Digital Literacy Empower Adolescent Girls In Low- And Middle-Income Countries: A Systematic Review, Salima Meherali, Komal Abdul Rahim, Sandra Campbell, Zohra S. Lassi

School of Nursing & Midwifery

Background: The vast majority (90%) of the world's adolescents aged 10-19 live in low- and middle-income countries (LMICs); and in those resource-limited settings, girls face distinct challenges across multiple health, social, and economic domains. Gender equality and girls' empowerment are key goals in their own right and are central to all other development goals. Digital literacy is a great enabler for the empowerment of young girls. This systematic review aims to assess the range and nature of digital literacy interventions implemented to empower adolescent girls in LMICs and identify evidence about adolescent girls' access and use of digital technologies in …

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”¹
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”²
President Donald Trump

“They’re not people, these are animals.”³
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”⁴
President Donald Trump

“ [We] have millions and millions of people …

Falling Through The Cracks Of Education: A Comparative Analysis Of Canada’S And The United States’ Use Of Standardized Testing Within The Realm Of Public Education, Micaela Baldner

University of Miami International and Comparative Law Review

The education system is foundational to society. Public education is based on the concept of equal educational opportunities for all. Although the purpose of standardized testing is the elimination of bias to prevent certain segments of society’s students from receiving unfair academic advantages, there is little empirical verification that suggests that standardized testing actually achieves its intended purpose. In fact, the evidence indicates that standardized testing negatively impacts low-income, marginalized, and English-learning students, as achievement gaps for these groups have remained the same or have even grown with the increased use of such tests. This article will discuss the intended …

Antipsychotic Medication Administration In Oregon Assisted Living/Residential Care Settings: Analyzing An Action Situation, Sarah Dys

Dissertations and Theses

Antipsychotic medication use (APU) in assisted living and residential care (AL/RC) settings is an under-studied and controversial health policy issue. APU in older adults with dementia is associated with an increased risk of falls, hospitalizations, and early mortality. I operationalize the Institutional Analysis and Development Framework using a situational analysis approach, an extension of grounded theory methods, to explore the APU in Oregon AL/RC settings. Regulatory deficiency citations, Oregon AL/RC population data, and semi-structured interviews suggest that staff role clarity, organizational characteristics, and perceived agency influence decision-making around APU. AL/RC providers and caregivers are forced to simultaneously balance and prioritize …

Emotional Intelligence And Resonant Leadership: Investigating School Principals' Preparation And Professional Development In Response To Covid-19 And Other Challenges, Ashlie Kaye Miller

Dissertations and Theses

Research has shown that high levels of emotional intelligence and resonant leadership can reduce workplace stress and increase the health, wellness, satisfaction, and performance of employees. Many K-12 principals face a myriad of challenges that tend to produce chronic stress, including the recent Covid-19 pandemic. Yet, it is unclear how the preparation and professional development (PPD) programs available to principals incorporate and encourage resonant leadership practices that are needed to effectively cope with these challenges. This study used an explanatory sequential mixed methods design to examine the perceptions of K-12 principals in Oregon regarding: (a) their needs and challenges, especially …

Predicting Stocks With Lstm-Based Drnn And Gan, Duy Ngo

Master's Projects

Trading equities can be very lucrative for some and a gamble for others. Professional traders and retail traders are constantly amassing information to be a step ahead of the market to profit off the value of stocks on the market. Some of the tools in their arsenal include different types of calculations based on a variety of data collected on a stock. Technical analysis is a technique for traders to analyze the data of equities presented on charts. Often, the way the price changes over time can be used as an indicator for traders to predict how future prices will …

Recovery Network Awareness: A Training Guide To Help Clients Choose An Aftercare Program For Sobriety, Thomas Bosek

Dissertations, Theses, and Projects

Abstract

Recovery environments are a crucial role in any individual’s journey to achieve sobriety. A safe environment will allow people who have a history of substance use to work their program effectively and decrease their relapse potential. The purpose of this paper is to identify multiple recovery-based programs for new professionals and providers entering the field of substance abuse treatment that allow their clients to have the best opportunity to succeed with their personal goals. The main programs discussed in this paper include 12 step programs, SMART Recovery, Harm reduction, and Medication Assisted Therapy. Choosing the right program for clients …

Student Success While Incorporating Cooperative Learning In The 6th Grade Classroom, Jacob Johnson

Dissertations, Theses, and Projects

The purpose of this study is to examine the positive impacts of cooperative learning in the classroom. I will be intentionally teaching skills to enhance cooperative learning throughout the duration of the study. The methods of cooperative learning that will be used will be as follows: positive interdependence, individual accountability, interpersonal skills, face to face promotive interaction, and processing out. This study took place within a 6th grade classroom with three different sections of students. The data that was collected showed that students who learned in the cooperative learning setting had a higher percentage of students fully understanding the material, …

Pushing It To The Limit: Determining Asian Elephant (Elephas Maximus) Olfactory Sensitivity And Discrimination Through A Behavioral Choice Task, Matthew S. Rudolph

Theses and Dissertations

Elephants have shown remarkable olfactory capabilities. Their sense of smell impacts their foraging choices, behavior, and ultimately, survival. Being able to detect a target odor can allow elephants to locate specific resources, identify threats, and find receptive conspecifics. Previous studies have shown that elephants can consistently detect target odors, but have not identified the limits of this detection. Thus, to investigate the extent of elephants’ odor detection capabilities, we tested Asian elephants in a two-step odor discrimination task. First, we investigated whether elephants could detect odors at varying levels of dilution after a training procedure, and then whether they could …

The Influence Of Comorbid Gad On Er Utilization In Urban Youth With Asthma, David A. Karpe

Theses and Dissertations

Current literature indicates a strong association between asthma and the early onset of comorbid generalized anxiety disorder (GAD) in minors and their primary caregivers. Studies show that asthma prevalence increases with certain demographic factors, such as ethnicity, socioeconomic status, and housing quality. Evidence also suggests that GAD influences decision-making, especially when deciding to utilize emergency room (ER) services for asthma-related concerns. This study analyzed the effect of comorbid GAD on minors with asthma and ER utilization. The data were provided by an earlier Stress & Justice Study (S&J) baseline survey, an investigation aimed at understanding the impact of parental criminal …

Blended Language Learning: The Decision-Making Process In Designing A Blended Portuguese Course, Camellia Hill

Theses and Dissertations

This study identifies how content specialists, instructors, and instructional designers made decisions about what content to teach in person and what to teach online for a second year Portuguese university course. Qualitative vignettes around three course design participants highlight emergent themes and course artifacts from their interviews that show how they made decisions about what learning opportunities to do online and what to leave in person. The blended language course involved Canvas learning management system with two additional main technology tools used in development: GoReact and H5P. The results are subdivided to reflect the views of the instructional designer, the …

A Peer Feedback Process To Improve Assistant Nurse Manager Job Satisfaction, Juanita A. Jularbal-Walton

Doctor of Nursing Practice (DNP) Projects

Problem

Healthcare organizations offer different methods of training for emerging and newly hired Assistant Nurse Managers (ANM). Without sufficient orientation to what the role requires, new ANMs receive many requests without adequate guidance on how to respond to patient, staff, and leadership requests. This experience creates unhealthy work environments with low job satisfaction and high turnover rates.

Context

Peer feedback provides an opportunity to reflect on the purpose of the Assistant Nurse Manager role. With sufficient orientation and peer feedback, front-line assistant nurse managers develop competency and role satisfaction, as evidenced by reduced turnover and improved retention.

Intervention

This project …