Digital Commons Network^™

Six Examples Applying The Meta-Principle Linguistic Method: Lessons For Indigenous Law Implementation, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Building on "Five Linguistic Methods for Revitalizing Indigenous Laws," this article explains and analyses six examples of implementation of the 'meta-principle' or 'word-bundle' linguistic method for Indigenous law revitalization. The method refers to using a word in an Indigenous language that conveys an overarching, normative principle of the Indigenous group, and is the most utilized form of the five linguistic methods to date. The examples span its use by judges, public governments as well as Indigenous governments, and these actors employ different methods for identifying and interpreting the meta-principles. The variations between them reveal four categories of approaches to identifying, …

Assistance In Dying: A Comparative Look At Legal Definitions, Jocelyn Downie, Mona Gupta, Stefano Cavalli, Samuel Blouin

Articles, Book Chapters, & Popular Press

Euthanasia, assisted suicide, medical assistance in dying, death with dignity: these and many other different terms are used around the world to capture various types of assistance in dying. This diversity in terminology can create confusion both in academic debates and in policy-making if it is unclear what type of action or inaction is intended to be captured, by whom, and under what circumstances. By defining and contrasting several terms and legal status of assistance in dying in jurisdictions authorizing it, this comparative glossary aims to lay a foundation that prevents linguistic and conceptual confusion.

Judicial Workbook On Bill C-92 — An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Hadley Friedland, Naiomi Metallic, Koren Lightning-Earle

Articles, Book Chapters, & Popular Press

Objective: Based on the purpose, history, textual wording and relevant interpretative principles, these are the approaches to the provisions of the Act that we believe will best achieve its purpose, which Canada has identified as “to protect and ensure the well-being of Indigenous children, families and communities by promoting culturally sensitive child welfare services, with the goal of putting an end to the overrepresentation of Indigenous children in child and family services systems."

Gender And Intersectionality In Business And Human Rights Scholarship, Melisa N. Handl, Sara L. Seck, Penelope Simons

Articles, Book Chapters, & Popular Press

In this article, we explore what intersectionality, as an analytic tool, can contribute to business and human rights (BHR) scholarship. To date, few BHR scholars have explicitly engaged in intersectional analysis. While gender analysis of BHR issues remains crucial to expose inequality in business activity, we argue that engagement with intersectionality can enrich and support this and other BHR scholarship. Intersectional approaches allow us to move beyond single-axis analysis, contest simplistic representations about gender issues and expose the complexity of human relations. It draws our attention to structures that sustain disadvantage such as racism, colonialism, social and economic marginalization and …

Aboriginal Rights, Legislative Reconciliation And Constitutionalism, Naiomi Metallic

Articles, Book Chapters, & Popular Press

This paper sketches out the idea of ‘legislative reconciliation’ – governments in Canada using their legislative powers to recognize and protect the inherent rights of Indigenous peoples. Legislative reconciliation is needed because the existing approaches to the implementation of inherent rights—negotiation and constitutional litigation—have been insufficient on their own to bring about a mutually respectful relationship between Indigenous and non-Indigenous peoples. Despite the entrenchment of s 35, state governments have not seen themselves as having a role in its implementation in the same way they do for Charter rights. In particular, Canadian governments have not felt compelled to legislate to …

Decoding Nondelegation After Gundy: What The Experience In State Courts Tells Us About What To Expect When We're Expecting, Daniel Walters

Faculty Scholarship

The nondelegation doctrine theoretically limits Congress’s ability to delegate legislative powers to the executive agencies that make up the modern administrative state. Yet, in practice, the U.S. Supreme Court has, since the New Deal, shied away from enforcing any limits on congressional delegation. That may change in the near future. In Gundy v. United States, the Court narrowly upheld a delegation, and a dissent signaled deep doubts about the Court’s longstanding “intelligible principle” standard and offered a new framework to replace it. Subsequent events strongly suggest that the Court is poised to move in the direction contemplated by the …

Addressing Climate Impacts In Alaska Native Tribes: Legal Barriers For Community Relocation Due To Thawing Permafrost And Coastal Erosion, Lara Fowler, Ekrem Korkut, Kathleen E. Halvorsen, David Holen, E. Lance Howe, Guangqing Chi

Faculty Scholarship

Rural communities is Alaska—predominantly Alaska Native Tribes—are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities faces significant flooding, and 35 have major problems with thawing permafrost. Some Alaska Native communities have explored community relocation to adapt to these impacts. Because federal law does not recognize gradual environmental impacts like thawing permafrost and coastal erosion as disasters, these communities are ineligible for disaster funding and struggling with how to adapt to the very …

Methodology Of Augmented Reality Chinese Language Articulatory Pronunciation Practice: Game And Study Design, Daria Sinyagovskaya

Electronic Theses and Dissertations, 2020-2023

Learning a language can be hard. Learning a language that contains tones to convey meaning is even harder. This dissertation presents a novel methodology for creating a language practice using augmented reality that has never been used before. The design of a new app in AR and non-AR versions can evaluate the same practice methodology. This methodology was applied to new software and was examined in regard to the importance of this software. Although the study results are inconclusive, progress has been made in answering research questions on the effectiveness of AR versus non-AR and the reliability of peer assessment. …

Legal Writing Mechanics: A Bibliography, Margaret Hannon

Articles

Great legal writing is about more than mechanics. But careful attention to legal writing mechanics is nevertheless critical for effective, clear, and persuasive writing. Proper grammar, usage, and correct punctuation makes analysis clearer and therefore more effective. It also shows the reader that the writer has paid close attention to detail, which makes the reader more likely to find the writer credible. Relatedly, communicating in plain language is critical to making sure that “readers can easily find what they need, understand what they find, and use that information.” And proper citation—or even better, stylish citation—helps the reader easily understand what …

Language Barriers And Cultural Incompetency In The Criminal Legal System: The Prejudicial Impacts On Lep Criminal Defendants, Sarah Moya

Fordham Urban Law Journal

No abstract provided.

The Regulatabilization Of Cannabis, Donald J. Kochan

Fordham Urban Law Journal

No abstract provided.

More Than Merit: Reframing The Debate Over Examination-Based Admissions In Public Schools, Aaron Saiger

Fordham Urban Law Journal

No abstract provided.

Reflections On Public Examination Schools: Is It Time To Minimize The Role Of Entrance Tests In Admission To These Schools, Charles J. Russo

Fordham Urban Law Journal

No abstract provided.

Expert Testimony On False Confessions: An Old Psychological Problem With New Challenges In New York Courts, Alysia Lo

Fordham Urban Law Journal

No abstract provided.

Course Materials In The Foreign Language Classroom: A Study Of Student And Instructor Perceptions, Katherine Joy Christie

All-Inclusive List of Electronic Theses and Dissertations

The current study seeks to understand the influence of a curricular intervention on achievement and on students and instructors perspectives in the most commonly taught course (Spanish 101) at a mid-sized public university in the Midwest of the United States. The primary objectives of the research are to: (a) identify and compare students and instructors perceptions of learning with the current Spanish 101 textbook and with Open Educational Resources in the areas of communication and culture, (b) understand how students and instructors motivation for learning is impacted by the textbook and Open Educational Resources, (c) evaluate the perspectives and connections …

Common Data Set 2022, Systems Intelligence And Data Analytics, University Of Nebraska At Omaha

Common Data Sets

Common Data Set (2022-2023) for the University of Nebraska at Omaha.

(Re)Turning To Freirean Philosophy In Preparing Content Teachers To Work With Multilingual Students, Kara Viesca, Peiwen Wang, Brandon Heinz, Alexa Yunes-Koch

Department of Teaching, Learning, and Teacher Education: Faculty Publications

In 2019, Bettina Love published a call for abolitionist teaching, an effort for educational freedom and racial justice. In her work, she centered the role of theory in teaching calling it a "North Star." She suggested that theory provides teachers a "steadfast tool" that explains the experiences of people minoritized due to racism, sexism, ableism, linguicism, etc., as well as provides language for and knowledge about intersectional issues of injustice. Love literally calls theory a "practical guide" as well as a "location for healing" (Love, 2019, p. 132).

The work of Paulo Freire has long served as the kind of …

“It Was Just My Name!”: A Crt/Crf Analysis Of International Female Graduate Students’ Perception And Experiences Regarding Their Ethnic Name, Peiwen Wang, Xiaoyan Gu, Amanda R. Morales

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Although international female students accounted for 44% of the enrolled international students in the United States (U.S. Department of Homeland Security’s Student and Exchange Visitor Information System, 2020), their experiences regarding their ethnic name are relatively understudied in onomastic literature. This study considers the experiences of eight international female graduate students of Color who are studying at a Midwestern predominantly White university. Utilizing Critical Race Theory (CRT) and Critical Race Feminism (CRF) as the theoretical and analytical lenses, this qualitative phenomenological study collected data through semi-structured, in-depth interviews. We explore the meaning of ethnic names and their connection to participants’ …

Impact Of A Multi-Layered Autobiography Project For Transforming Intercultural Competence Among Pre-Service Teachers, Elizabeth J. Sandell, Luz Carime Bersh

Elementary and Literacy Education Department Publications

This study investigated how a Multi-Layered Autobiography Project impacts the intercultural competence for undergraduate students, many of whom were aspiring teacher candidates in the United States. For purposes of this project, the concept of “culture” was adapted from West and Turner’s (2018) definition: the norms, behaviors, standards, values, etc. shared by a group of people, and passed along to later generations. Investigators deemed that “culture” was composed of numerous microcultures among a smaller group of human beings (with their own language, communication strategies, behavior rules, and expectations), who are bonded together by similar experiences, values, characteristics, organization, membership, location, or …

Qualified Immunity: Sculpting A Statute-Esque Solution To A Judicially Created Policy Comments, Daniel Rafferty

University of Dayton Law Review

No abstract provided.

Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo

Faculty Articles

The study of law, we are told often and generally with approval, has become a potluck to which everyone is invited. Over there stand the historians bearing their retrospectively informed insights; across from them are the experimental psychologists hoisting their pleasingly social-scientific brew; in the corner lurk philosophers chatting calmly over some first principles. The center of the room is quite naturally taken up by the economists, laughing exuberantly over their spread of nifty models, intimidating formulae, and soothing predictions. In the midst of this lively affair, circulating among the invitees like a dutiful host, rejecting nothing, sampling everything, and …

For Whom “Bell” Tolls: Rent Escrow, Withholdings, Strikes, And Landlord-Tenant Reform, Brian G. Gilmore

Southern Illinois University Law Journal

Rent is the key obligation for tenants in a landlord-tenant relationship. What happens when the obligation to pay rent is challenged by the tenant due to the landlord's failure to meet their own obligations in that relationship? In that respect, can a tenant withhold rent (escrow their rent) legally under the law and force a judicial determination on not just the rent payments but the landlord's failures? Using a 1968 case known as Bell v. Tsintolas as a starting point, this article examines the concept of rent escrow, its evolution, and the various forms it takes in landlord-tenant relationships. This …

Cross-Cultural Adaptation And Psychometric Evaluation Of The Myanmar Version Of Oswestry Disability Questionnaire And Roland-Morris Disability Questionnaire For Individuals With Low Back Pain, Phyu Sin Oo

Chulalongkorn University Theses and Dissertations (Chula ETD)

This study aimed to develop cross-culturally adapted Myanmar versions of the Oswestry Disability Questionnaire (M-ODQ) and Roland-Morris Disability Questionnaire (M-RMDQ), and determine their psychometric properties in individuals with low back pain (LBP). In accordance with the previous guidelines, the original ODQ and RMDQ were translated and cross-culturally adapted into a Myanmar language. The psychometric evaluation of the adapted M-ODQ and M-RMDQ were conducted on 102 individuals with LBP for assessing reliability, validity, and responsiveness. Reliability was assessed using the intraclass correlation coefficient (ICC 2,1) while concurrent and construct validity were examined using the Spearman rank correlation coefficient and correlations with …

Telehealth Readiness In Older Adults In Kentucky, Kristen Weidner

Theses and Dissertations--Rehabilitation Sciences

During the COVID-19 pandemic, telehealth became an increasingly widespread service delivery model. Not all populations, however, accessed telehealth services equally. Older adults were less likely to use telehealth during the pandemic, continuing a historical trend. These usage patterns persist despite evidence that telehealth could be a helpful service delivery option for this population. Researchers have explored how theoretical frameworks explain older adults’ decisions to use technology, but there is yet to be a measure of older adults’ readiness for telehealth technology. A validated, theory-backed tool of older adults’ perceptions about telehealth, prior to the health care encounter, could help clinicians …

A Micro-Typology Of Contact Effects In Four Tibeto-Burman Languages, Kristine Hildebrandt, Oliver Bond, Dubi Nanda Dhakal

SIUE Faculty Research, Scholarship, and Creative Activity

When minority languages with similar typological profiles are in long-term contact with a genealogically unrelated socioeconomically dominant language, the perfect context is provided for investigating which observed contact effects are demonstrably allied to sociolinguistic dynamics rather than purely structural ones. This paper investigates the factors determining the different extent of contact effects in four Tibeto-Burman languages (Gurung, Gyalsumdo, Nar-Phu, and Manange) spoken in a geo-politically defined and multilingual region of Nepal. Using corpus data and sociolinguistic interviews collected in the field, we demonstrate that a range of social, economic and geo-spatial factors contribute to asymmetries where contact effects are observed …

Evaluating Legal Needs, Luz Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas – a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, …

Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai

Articles & Book Chapters

The targeted and strategic use of asynchronous learning materials can free up important space for classroom teaching, and can unlock the spirit of experimentation, innovation, and engagement that animates in-person learning. This article sets out five principles that should guide future efforts to integrate asynchronous modules into legal education. Modules should be designed to supplement, not substitute, the live classroom; they should deliver content but also stimulate reflection, critique, and contextualization; they should be varied with respect to their subject matter; theoretical underpinnings, and pedagogical approach; professors should be able to easily customize their selections; and they should encourage collaboration …

Final Thoughts And Observations, James R. Allison, Heidi Roberts, Jerry D. Spangler

Faculty Publications

This chapter addresses three topics inspired by the discoveries made during Jackson Flat’s archaeological investigations. The first topic examines the implications of the discovery of early maize agriculture in the Far Western region. Our data suggest that the Far Western Basketmaker tradition developed on a trajectory separate from the Western Basketmaker groups associated with the White Dog Phase in the Four Corners region.

Trojan Zebra: Unmasking Bostock’S Potential To Undermine Lgbtq+ Protections, James E.A. Rehwaldt

Lewis & Clark Law Review

Engaging with the methodological framework endorsed by the Supreme Court’s holding and rejected by the dissents in Bostock v. Clayton County, this Comment critically examines both the limited scope and potential misuses of the Court’s decision recognizing protection against employment discrimination for gay, lesbian, and transgender individuals under Title VII of the Civil Rights Act.

Beyond Virtue Signaling: From Talking About To Enacting A Pedagogical Praxis Of Justice In Urban Classrooms, Melissa L. Gibson

College of Education Faculty Research and Publications

Drawing on ethnographic data of an urban school, this paper contrasts how two White female teachers take up the idea of ‘teaching for social justice.’ Fourth-grade teacher Maestra Rachel enacts a superficial understanding focused solely on curricular topics, while third-grade teacher Maestra Jennifer roots her teaching in an understanding of how students experience racial oppression in school. These cases demonstrate that a praxis of justice attends to curriculum and power, relationships, pedagogy, achievement, and identity. White teachers, specifically, must interrogate the role of Whiteness in their teaching, or they risk engaging in virtue signaling that reproduces injustice.