Digital Commons Network^™

Procedural Losses And The Pyrrhic Victory Of Abolishing Qualified Immunity, Adam A. Davidson

Articles

Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified immunity does not change the answer to this question; the federal courts will always decide. For an outcome-neutral critic of qualified immunity who cares only about its doctrinal failures, this does not matter. But for the vast majority of critics who are outcome- sensitive, meaning they care about qualified immunity because of its role in police accountability, this is a troubling realization. Building on earlier work on the equilibration thesis, as well as on qualitative and …

Communicating Privilege And Faculty Allyship, Lisa Hanasono, Hyun Kyoung Ro, Deborah A. O'Neil, Ellen M. Broido, Margaret M. Yacobucci, Susana Peña, Karen V. Root

School of Media and Communication Faculty Publications

As individuals who use their privilege to reduce prejudice, educate others about social justice, and actively stop discrimination, faculty allies can play a vital role in transforming universities to be more equitable, diverse, and inclusive. However, discrepancies persist in how faculty define privilege and communicate allyship. Drawing from standpoint theory, we examined discursive divergences in how 105 full-time faculty defined and experienced privilege and how they enacted allyship in the workplace. Participants tended to conceptualize privilege as a set of advantages and lack of structural barriers for people based on their group membership(s). Discursive differences emerged regarding the degree to …

The Decolonial Stance In Mathematics Education: Pointing Out Actions For The Construction Of A Political Agenda, Filipe Santos Fernandes, Victor Giraldo, Diego Matos

The Mathematics Enthusiast

In this article, we present a decolonial stance in Mathematics Education, which is not understood as a qualification attributed to particular actions or practices as opposed to others, nor as a tendency that theoretically or methodologically constrains research production, but as a political and epistemic position of permanent transgression and insurgency concerning the patterns of world power established by the myth of Western modernity. From this understanding and towards a political agenda in Mathematics Education, we propose, with no pretensions of totality, a set of situated actions: in Mathematics, in its ontological, epistemological and methodological perspectives, problematizing the naturalization of …

Trademark Confusion Revealed: An Empirical Analysis, Daryl Lim

Faculty Scholarly Works

The likelihood of confusion standard defines the scope of trademark infringement. Likelihood of confusion examines whether there is a substantial risk that consumers will be confused as to the source, identity, sponsorship, or origin of the defendants’ goods or services. This Article presents a contemporary empirical analysis of the various factors and how they interact. Conventional wisdom teaches us that courts should comprehensively traverse each factor and that likelihood of confusion cases generally require jury determination. However, the data reveals that neither is true. Instead, courts provide early off-ramps to litigants by “economizing,” and analyzing only a handful of factors …

10 Strategies For Engaging Learners With Universal Design For Learning And Antiracism, Jessica Schomberg, Elizabeth Harsma

Library Services Publications

This guide shares ideas for applying both the Universal Design for Learning framework and antiracist teaching methods to courses in higher education. The introduction provides definitions of key concepts related to these frameworks followed by 10 strategies.

Teoría & Creatividad. La Imagen Visual De La Lírica Y La Competencia Emocional En La Representación Del Arte, Isabel Urdaneta

Honors Undergraduate Theses

El mundo se encuentra lleno de seres humanos que a lo largo de los siglos han desarrollado sorprendentes destrezas y habilidades que les han permitido desarrollarse como individuos en una sociedad. Satisfacerse de las necesidades básicas no es lo suficiente para el ser humano quien debe además desarrollar una forma de comunicación oral y escrita para poder expresar ideas y pensamientos. Partiendo de la noción de que el ser humano necesita comunicarse para poder expresarse, se puede decir que nace la idea de la literatura y el valor de la creatividad humana. La literatura siendo el arte de una lengua …

Contained Identities: Forms Of Resistance In Theresa Hak Kyung Cha's Dictee And Pamela Lu's Pamela: A Novel, Zohra Qazi

Honors Undergraduate Theses

This thesis analyzes groundbreaking experimental texts by Asian American writers that employ genre-bending formal innovations to resist the uneasy containment of social hierarchies and aesthetic categories. After a brief discussion of Monica Youn’s 2019 poem, “Study of Two Figures (Pasiphaë/Sado),” I trace such experimentation back to the late twentieth century, focusing on two other texts that explore similar strategies of literary experimentation and that present themselves as novels but, as Youn does with poetry, resist that classification at the same time. The experimental expansions of form in both Theresa Hak Kyung Cha’s Dictee (1982) and Pamela Lu’s Pamela: A Novel …

Online Engagement In Graduate Technical Communication Education, Tabatha Kless

Electronic Theses and Dissertations, 2020-2023

In this study, I conducted a content analysis to investigate engagement in online graduate technical communication programs. I wanted to evaluate this topic because online learning and engagement evolve, so it is fitting to evaluate how educational policies, learning methods, and technology have developed in technical communication education. The content analysis consisted of coding course material from three technical communication courses, mostly assignment descriptions, and instructions based on the language in the documents. I found strategies that develop skills 21st century technical communicators should have, such as discussions, service learning, and research papers.

Rigour Required: Recent Direction From The Supreme Court Of Canada On Binding And Non-Binding Sources Of International Law In Charter Interpretation, Ravi Amarnath, Courtney Harris

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

It is not uncommon for parties to plead principles of international law to inform a court’s analysis of the Canadian Charter of Rights and Freedoms (the “Charter”). However, commentators have long expressed concern about the Supreme Court of Canada’s lack of clarity on how it uses international human rights law and for what purpose in Charter interpretation. This paper addresses how a divided Supreme Court of Canada in Quebec (Attorney General) v. 9147-0732 Québec inc. (“9147-0732 Québec inc.”) attempted to clarify when it is appropriate for a court to use international law to interpret the scope of a Charter protection …

Amar's Words That Made Us, Michael J. Gerhardt

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.

K Is For Contract--Why Is It, Though? A K'S Study On The Origins, Persistence And Propagation Of Legal Konventions, Hanjo Hamann

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Full Issue

BYU Asian Studies Student Journal

No abstract provided.

Xinjiang: Uyghur Nationalism And Prc Economic Ambitions In The Region, Erin Kitchens Wong

BYU Asian Studies Student Journal

The People’s Republic of China (PRC) has maintained a long and strenuous history of relations with its western-most province of Xinjiang (Xīnjiāng, 新疆). Relations with ethnic minorities in the region have been significantly influenced by changes in both domestic and foreign policy. Since the founding of the new Chinese state under Mao Zedong, the Uyghur (Wéiwú’ěr, 维吾尔) population of Xinjiang have seen vicious swings to and from radical domestic policy.

An Ayurgenomics Approach: Prakriti-Based Drug Discovery And Development For Personalized Care, Zoufang Huang, Vivek P. Chavda, Rajashri Bezbaruah, Vladimir N. Uversky, Sucharitha Palagati, Aayushi B. Patel, Zhe-Sheng Chen

Molecular Medicine Faculty Publications

Originating in ancient India, Ayurveda is an alternative medicinal approach that provides substantial evidence for a theoretical-level analysis of all aspects of life. Unlike modern medicine, Ayurveda is based upon tridoshas (Vata, pitta, and Kapha) and Prakriti. On the other hand, the research of all the genes involved at the proteomics, metabolomics, and transcriptome levels are referred to as genomics. Geoclimatic regions (deshanupatini), familial characteristics (kulanupatini), and ethnicity (jatiprasakta) have all been shown to affect phenotypic variability. The combination of genomics with Ayurveda known as ayurgenomics provided new insights into tridosha that may pave the way for precision medicine (personalized …

Creating Connections To Enhance International Student Sense Of Belonging, Emily Quinn Rooney

West Chester University Master’s Theses

This is a critical action research thesis proposal that explores international student sense of belonging at a United States University campus. As someone who has studied and lived abroad, I understand firsthand the importance of the relationships we foster and how having someone to lean on can be beneficial when you are in a new place. International students do everything in their power to come study in the United States, yet are met with endless barriers due to the laws the government has in place as well as the broader environment of higher education in U.S. society. They want to …

Concerning The Expansion Of Experiential Learning Opportunities Through Relationships With Employers And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Transfer Of The Olorado Refugee Services Program From The Department Of Human Services To The Office Of New Mericans In The Department Of, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Children’S Film Media’S Influence On Gender, Race, And Identity, Sara M. Kovis

Communication Senior Capstones

Whether conscious of it or not, media images have been working our entire lives to construct our attitudes, beliefs, and perceptions of the world around us. What is the significance of the relationship between media consumption and how we interact in society? Applying communication theories and research into traditional and digital media is vital in understanding the realities around us. It explains where societal norms and values stimulate and how they trigger new behavioral changes. Ideologies are the mixed concepts and elements that create meaning in society. Today, people's ideological feelings produce pre-dated ideologies rather than their ideas. These are …

Interpersonal Communication From Student To Host Family, Tajma R. Magee

Communication Senior Capstones

This research project aims to improve interpersonal communication between international students and their host families. Existing research and data shows that students can have a difficult time adjusting to their life abroad, whether it be within their host home or within the institution they are studying at. This can greatly affect their overall studying abroad experience and can affect the way they communicate with the members of their host family. Factors like the student’s academic performance in school and behavior in school may be affected as well. Identifying the issues that contribute to a negative experience in a host family’s …

Transforming Sociology Courses With Human Rights Education: Curriculum, Pedagogy, And Classroom Environment Considerations, Karie Jo Peralta

Societies Without Borders

Sociology courses have significant potential to liberate students. A promising way to achieve this aim is by grounding courses in human rights principles such as respect, equity, equality, and democratic participation. Using a college-level, introductory sociology course as an example, this paper explores how a human rights education (HRE) framework can serve as a foundation for the teaching of sociology. The purpose is to show how sociology educators can relatively easily embed HRE into the learning experience. To begin, I will present a HRE framework. Then, I will illustrate how common course topics, teaching methods, and classroom conditions can be …

Transimperial Networks: East Asia And The ‘Victorian’ World: Introduction, Sophia Hsu, Menglu Gao, Waiyee Loh, Hyungji Park, Jessica R. Valdez, Rae X. Yan

English and Literary Arts: Faculty Scholarship

Traditionally, East Asia has been on the margins of Victorian Studies, eclipsed by sites of formal imperialism such as South Asia. However, the region was deeply intertwined with the “Victorian” world through transimperial networks of trade, migration, and geopolitical competition. Rather than locating East Asia at the margins, this cluster of lesson plans explores the figurative and historical centrality of East Asia to Victorian Studies.

Originalism's Implementation Problem, Michael L. Smith, Alexander S. Hiland

Faculty Articles

Originalism has received a great deal of recent, mainstream attention. President Donald Trump's nomination of three justices to the Supreme Court amplified discussions of their judicial philosophies during and following their confirmation proceedings. Supporters of these nominations highlighted the nominees' originalist credentials, arguing that originalism was the dominant approach to constitutional interpretation.

In the academic sphere, volumes of articles and books set forth originalist theories and methodology. Its academic proponents also refer to it as the dominant form of constitutional interpretation—often asserting that opponents of originalism have failed to enunciate a coherent alternative theory. Some argue that originalism (at least, …

Reparations, Or Hush Money?, Christina Glekas

Journal of Race, Gender, and Ethnicity

No abstract provided.

Centering Critical Vibes Through Community Immersion: A Mixed Methods Study Of Early Grades Teacher Candidates’ Critical Consciousness, Ashley Rowe

West Chester University Doctoral Projects

Educator preparation programs draw from national and state standards to develop teacher candidates at universities across the United States. This study investigated an alternative competency, critical consciousness, as part of the undergraduate curriculum in an Early Grades major at a predominantly white institution (PWI) in Pennsylvania. By contrasting teacher candidates who engage in a semester-long community immersive experience with those who participate in a traditional program, this study compared cognitive, attitudinal, and behavioral dimensions of critical consciousness. The study used a convergent mixed methods design grounded in a theoretical framework consisting of humanizing pedagogy theorized through abolitionist teaching and community-engaged …

From The Shadows To The Spotlight: Centering The Experiences Of Faculty With (Invisible) Disabilities, Tiffany Gray

West Chester University Doctoral Projects

The absence of research around the experiences of faculty with (invisible) disabilities is critically needed within the academy. Often (invisible) disabilities remain in the shadows because they are non-apparent until publicly disclosed. Equitable access, sustainable resources, and university communications around (invisible) disabilities can impact disclosure decisions.

This social justice mixed methods inquiry used an explanatory sequential design to explore factors that contributed to faculty disclosure and/or non-disclosure of their (invisible) disability(ies). For some faculty, the “choice” around disclosure was non-negotiable as a result of a myriad of reasons, one being their access needs. The overall process, navigation, and decision making …

Perceptions And Use Of Digital Technology By Educators Who Support Students With Disabilities In Public Schools: A Mixed Methods Study, Tammy Thompson-Cooke

West Chester University Doctoral Projects

The purpose of this explanatory, sequential, mixed-method study was to examine the perceptions and use of digital technology by educators supporting the needs of students with disabilities attending K-12 classrooms and any correlation between the assistive technology (AT) knowledge, skills, and needs of K-12 educators within Pennsylvania. Technology has become ubiquitous and has emerged in schools as a means for students to interact with academic content. The provision of 1:1 devices was accelerated by the COVID-19 pandemic, which created opportunities for educators to discover innovative features that made learning more accessible to all students. Results indicated educators recognized AT as …

Distance Education Under Duress: A Case Study Of Exchange Students’ Experience With Online Learning During The Covid-19 Pandemic In The Republic Of Korea, William H. Stewart, Patrick R. Lowenthal

Educational Technology Faculty Publications and Presentations

COVID-19 caused universities around the world to transition overnight to some type of remote learning or online format. The way this occurred, though necessary, was a departure from the standards and norms of traditional distance education and was a drastic change for the majority of faculty and students who had no prior experience with remote, blended, or online learning. This case study was conducted in the Republic of Korea with 15 international exchange students who found themselves forced to take distance education courses on an empty campus during the COVID19 pandemic. Themes of isolation and loneliness, diverse learning experiences, little-to-no …

The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer

Loyola University Chicago International Law Review

This comment addresses the intentional exclusion of Indigenous nations from the United Nations and, consequently, from the UNFCCC and subsequent climate regime. It cautions of the adverse consequences that have resulted from such exclusion, both to the warming planet and to all its human residents. Critics say that the climate regime has fallen woefully short of reaching its goals. However, this comment suggests that including Indigenous nations in substantial international climate change conversations and decisions could result in yet-to-be-made progress toward reducing global warming. The permanent position status that the Inuit people hold on the Arctic Council, for example, helped …

Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti

Maryland Law Review

No abstract provided.

Eastern Michigan University, Summer Commencement, August 13, 2022, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.