Digital Commons Network^™

(Hypothetical) Communication In (Hypothetical) Context, Gary S. Lawson

Faculty Scholarship

This article is from the "Multimember Legislative Bodies and Intended Meaning" portion of a Symposium on Two Problems of Group Authorship. This essay is a response to the the two questions addressed at the symposium. These questions have been attached as an additional file to this submission. It is recommended that those questions be read before reading Lawson's response.

Rethinking "Political" Considerations In Investment, David H. Webber

Faculty Scholarship

Five years ago, Professor David H. Webber was invited to deliver an address both to our Delaware Law School community and to the Delaware Bench and Bar as Visiting Scholar in Residence of Corporate and Business Law. Webber's Speech, "Rethinking 'Political' Considerations in Investment," made several predictions about the rise of politicized investment which were quite prescient. As relevant today as when it was delivered, this piece explores the consideration of investment factors outside the traditional realm of shareholder profit maximization, both in its current state and in the future. Webber's analysis of how investors balance the role of capital …

Race, Risk, And Personal Responsibility In The Response To Covid-19, Aziza Ahmed, Jason Jackson

Faculty Scholarship

The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportion­ate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and inequitable health outcomes. Despite clear racial disparities in illness and deaths, the neoliberal ideology of personal responsibility shifts the onus for mitigation of risk away from the social and legal determinants of health and onto the individual. To understand how and why these disparate racial outcomes arise, this Piece …

Copyright And Parody: Touring The Certainties Of Intellectual Property And Restitution, Wendy J. Gordon

Faculty Scholarship

The essay that follows examines the boundary between two sets of rules. The first set arises under the law of Restitution, particularly the rule that volunteers ordinarily need not be rewarded. (Another way to state this same Restitution rule is to say that the retention of benefit voluntarily conferred is ordinarily not "unjust enrichment".) The second set of rules are those of Intellectual Property law, which creates property in a special kind of volunteer. My argument is simply that the law of Restitution leads almost directly to the law of Intellectual Property, though the two areas are premised on diametrically …

Ten Truths About Tax Havens: Inclusion And The "Liberia" Problem, Steven A. Dean, Attiya Waris

Faculty Scholarship

There has been a decades-long effort to repair an increasingly fragile international tax system. One reason it has foundered has been what we identify as the "Liberia problem." In 2000, the powerful Organization for Economic Cooperation and Development identified Liberia but not Switzerland as a tax haven and targeted it for sanctions. It did not go well. During the two decades since, everything has changed; yet seemingly from this lens of inclusion, nothing has changed at all. Awkwardly similar "blacklists" still target "Black" and "Brown" jurisdictions despite the fact that experts mean something quite different when they speak of the …

A Constitutional Moment In Cross-Border Taxation, Steven Dean

Faculty Scholarship

The complex pattern of formal and informal rules that governs the taxation of cross-border transactions tends to be thought of as rigidly path dependent. (Rixen, 2011) In truth, the Classification and Assignment Constitution has repeatedly undergone sudden changes initiated by influential actors. A failure to acknowledge the power wielded by a handful of states and organizations nurtures an evolutionary myth of cross-border taxation, but a close examination reveals traces of intelligent design, with repeated interventions altering the course of its development.

A century ago a material constitution coalesced around an elegant but flawed algorithm providing for the "classification and assignment …

Third Party Funding Of Investment Arbitration, Maya Steinitz

Faculty Scholarship

This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party funding of investment arbitration; the effects of arbitration funding on the arbitral process; developments in national, international, and soft law governing investment arbitration funding; and the likely effects of third-party funding on the international bar.

Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party funding, also known as "dispute finance," is a controversial, dynamic, and evolving arrangement whereby an outside entity ("the funder") finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful.' It has been documented in more than sixty countries on six continents worldwide-including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this …

Assessment Advisory Council, Beginning College Student Survey Of Engagement: First-Year Student Experiences With Covid, 2021-2022, Illinois State University

Student Success

Beginning College Student Survey of Engagement (BCSSE) Entering Students and the COVID-19 Disruption Implications and Challenges, University Assessment Services, Illinois State University. 2021-2022.

University Assessment Services, Beginning College Survey Of Student Engagement: First Generation Transfer Student Institutional Report, 2021, Illinois State University

Student Success

Beginning College Survey of Student Engagement (BCSSE) First Generation Transfer Student Institutional Report, University Assessment Services, Illinois State University, 2021.

University Assessment Services, Beginning College Survey Of Student Engagement: Transfer Student Institutional Report, 2021, Illinois State University

Student Success

Beginning College Survey of Student Engagement (BCSSE) Transfer Student Institutional Report, University Assessment Report, Illinois State University, 2021.

The Effects Of Same-Sex Parental Relationships On Teenagers, Denise A. Daniels

Theses and Dissertations

Having same-sex parents is often linked with negative effects to the well-being of children into their adult years. The reported experiences from teenagers with same-sex parents and the stressors they experience are next to nonexistent. For this study, an interpretative phenomenological analysis was conducted to understand how teenagers age 13-16 make meaning of their same-sex parents’ relationship and the stressors they experience.

The theoretical framework for this study was based on the collaborative language system (CLS) of Anderson and Goolishian. The researcher investigated the perceptions of four teenaged participants regarding their relationships with their same-sex parents and how they coped …

Governing Privacy In Knowledge Commons, Brett M. Frischmann, Madelyn Rose Sanfilippo, Katherine J. Standburg

Faculty Publications

No abstract provided.

An Examination Of African Americans’ Fear Of Police Among Generation Z, James Jones

Theses and Dissertations

The purpose of this study was to examine the level of fear Generation Z-African Americans have of police. The population for this research consisted of African Americans between the ages of 18 and 25 and resided in the United States of America. From this population, a sample size of 105 participants were constructed for the study. The research compared the level of fear Blacks have of police when grouped by age, gender, education level, region of the country, and community of residence. Random sampling was used for participant selection, and a series of non-parametric ANOVAs (i.e., Kruskal-Wallis tests) were conducted …

Challenges Teachers Encounter When Integrating Technology In A Culturally, Linguistically, And Diverse High School, Eliana Rodriguez Molina

Theses and Dissertations

Teachers often encounter challenges when integrating technology into a classroom that has a culturally and linguistically diverse (CLD) student population. These challenges have existed as teachers are not adequately trained to integrate technology when working with culturally and linguistically diverse students. Additionally, challenges arise when students do not have technological skills.

This qualitative study examined how high school teachers with a high CLD student population integrated technology into daily instructions and the challenges they encounter when implementing it. Due to the COVID-19 pandemic, the researcher collected data through eight individual teacher interviews via Zoom.

During the data analysis, five general …

An Audience Analysis Of The Effectiveness Of A Speech: A Blueprint For Planning Successful Motivational Speeches, Robert Gerald Lawrie

Theses and Dissertations

This applied dissertation was designed to provide specific information as to how a person can become a better motivational speaker. The current literature on the topic of effective public speaking, especially in light of this growing trend in the nation and around the world is outdated, cumbersome, or inadequate. Even though there is an abundance of material on the topic of public speaking, most of it has not included empirical evidence concerning what characteristics of the speaker might affect an audience’s perceptions about the effectiveness of the speech.

The researcher adopted an audience analysis framework to examine the variables that …

Literacy Development Practices For English Learners With Interrupted Formal Education, Javier Francisco Oaxaca

Theses and Dissertations

English language learners (ELLs) are a diverse student group that continues to grow within schools all throughout the United States and those students with limited or interrupted formal education (SLIFE) continue to lag behind their peers in academic achievement, particularly in literacy. Although there have been several studies to explore this complex phenomenon, a gap in the research continues to exist on specific conditions needed for academic success for SLIFE such as beginning/basic literacy instruction in secondary educational contexts. The purpose of this research study was to determine the extent to which teachers’ perception and knowledge of basic literacy skills …

The Experiences Of Nontraditional Students At Public Post-Secondary Institutions In Florida- A Qualitative Study, Michael Deneus

Theses and Dissertations

This phenomenological study was designed to provide an understanding of the lived experiences of nontraditional students who utilized support services at a public post-secondary institution in the State of Florida. From this study, findings identified the specific resources that these participants are using or have used during their time of enrollment, the obstacles and challenges they faced, and some recommendations that could potentially alleviate some issues nontraditional students face at postsecondary institutions. The sample population consisted of six participants, four of which are currently enrolled at a post-secondary institution and the other two graduated from a post-secondary institution within the …

A Qualitative Study Of African American Middle School Students’ Perception Of Low Student-Teacher Racial Match On Their Educational Experience, Tai Lynn Swift

Theses and Dissertations

The problem that will be explored within this research is that many African American students lack the opportunity to be taught by African American teachers. Research shows that students taught by teachers with whom they identify as having similar or the same experiences may result in meaningful learning for the student. Given, African American teachers represent only 18% of all teachers, there is not an abundance of African American teachers within the school system to serve as role models for African American students.

The literature review explored included critical race theory and highlighted how race in education does not yield …

Response Interruption And Redirection (Rird) As A Treatment For Vocal Stereotypy In Children Who Are Dually Diagnosed With Autism And Down Syndrome, Stacy Taylor

Theses and Dissertations

Individuals who are dually diagnosed with Down Syndrome (DS) and autism spectrum disorders (ASD) frequently engage in vocal stereotypy that can interfere with learning, impede socially appropriate behavior, and disrupt others. Response interruption and redirection (RIRD) is an intervention that blocks and redirects stereotypy to reduce behavior. Studies on RIRD, while varied in their overall approach, have overwhelmingly been shown to be effective in clinical settings for children with ASD. There are few studies that have evaluated this procedure in more natural settings and with other diagnoses. Given that ASD is prevalent in those with DS and that stereotypy is …

The Impact Of Training Teachers In Multiple-Intelligences Instructional Strategies, Mary R. Massey

Theses and Dissertations

This research study outlined a professional-development program for training preschool teachers in Howard Gardner’s theory of multiple intelligences. The program then continued training in practical applications of the theory for instructional use in the classroom. The preschool director and teachers’ perceptions and experiences were documented and provided the data to assess the impact of the training on the instructional strategies demonstrated in the classrooms. Attention was paid to any impact on classroom management, teacher morale, and cohesive instructional vision throughout the school.

The data from this study revealed that the years of experience of the teachers proved to be the …

Online Training To Improve Job Coaches’ Support Of Minimally Verbal And Nonverbal Adults With Autism Spectrum Disorder, Erin Brooker Lozott

Theses and Dissertations

Although a sizeable percentage of individuals with autism spectrum disorder (ASD) are minimally verbal or nonverbal, there is limited research on how to best support these individuals in employment settings. Job coaches working with this population should receive specialized training in evidence-based practices (EBP) for ASD to ensure optimal outcomes. This study describes the development, implementation, and evaluation of an online training program for job coaches focused on a behavior skills training approach supporting the use of augmentative and alternative communication. Twenty-two job coaches completed the study. Pre- and posttraining measures were used to evaluate knowledge, self-efficacy, and belief systems …

Parental Involvement In At-Risk Students’ Academic Affairs Versus The Athletic Arena In Low-Performing Schools In South Florida, Antrell L. Dirden

Theses and Dissertations

The researcher designed a qualitative case study to delve further into the lack of consistent parental involvement and academic support in low-performing schools in South Florida with at-risk African American students, most especially when compared to the support in the athletic arena by those same parents. Educators and leaders in the field of education agree that the same effort and energy displayed in support of the athletic aspirations of their child should be equal or even greater in the academic success of the same students. Research questions focused on perceived challenges that prevent consistent parental involvement in academics over athletics, …

Wglt Annual Report, 2021, Wglt, Illinois State University

WGLT Annual Reports

Annual report for WGLT, an NPR Network radio station licensed to and operating from Illinois State University.

Wcbu Annual Report, 2021, Wcbu, Bradley University

WCBU Annual Report

Annual report for WCBU, an NPR Network radio station licensed to Bradley University and operated by Illinois State University via WGLT

The Art Of Concession In General Lotto Games, Rahul Chandan, Keith Paarporn, Dan Kovenock, Mahnoosh Alizadeh, Jason R. Marden

ESI Working Papers

Success in adversarial environments often requires investment into additional resources in order to improve one’s competitive position. But, can intentionally decreasing one’s own competitiveness ever provide strategic benefits in such settings? In this paper, we focus on characterizing the role of “concessions” as a component of strategic decision making. Specifically, we investigate whether a player can gain an advantage by either conceding budgetary resources or conceding valuable prizes to an opponent. While one might na¨ıvely assume that the player cannot, our work demonstrates that – perhaps surprisingly – concessions do offer strategic benefits when made correctly. In the context of …

Corporate Innovation In A World Of Common Ownership, Cheng-Huei Chiao, Bin Qiu, Bin Wang

Finance Faculty Research and Publications

Purpose

The purpose of this paper is to examine the impact of common ownership on corporate innovation, including innovation input, innovation output and postgrant patents.

Design/methodology/approach

This paper uses the ordinary least square model and the difference-in-differences technique to evaluate the effect of institutional interlocking shareholdings on the life cycle of corporate innovation.

Findings

The results show that common ownership impedes innovation measured by patent grants and citations through reduced R&D expenditures. However, common ownership protects postgrant patents by lowering the likelihood that a co-owned firm gets involved in patent litigation and by accelerating the settlement of lawsuits between co-owned …

Courts Beyond Judging, Michael C. Pollack

Articles

Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …

Blockchain Neutrality, Samuel N. Weinstein

Articles

Blockchain technology is transforming how markets work. Blockchains eliminate the need for trusted gatekeepers like banks to execute, verify, and record transactions. In the financial markets, their disruptive potential threatens both Wall Street banks and Silicon Valley venture capitalists. How blockchain technology is regulated will determine whether it encourages or inhibits competition. Some blockchain applications present serious fraud and systemic risks, complicating regulation. This Article explores the antitrust and competition policy challenges blockchain presents and proposes a regulatory strategy, modeled on Internet regulation and net neutrality principles, to unlock blockchain’s competitive potential. It contends that financial regulators should promote blockchain …

Creating Lesson Plans For One Shot Sessions, Anne Grant, Jessica Kohout-Tailor

Presentations

In this presentation, teaching librarians will learn about the value of creating lesson plans, resources for building lesson plans, and share examples with each other.