Digital Commons Network^™

What Do Good Lawyers Know That The Rest Of Us Don't? Introducing First-Year Law Students To 'Legal Realism', Gregory S. Crespi

Faculty Journal Articles and Book Chapters

This short article presents the general outlines of a lecture that I usually give to my first-year contract law students, at about the end of their first week of classes, to get them started thinking about the process of judicial decision-making, and about the “legal realist” perspective regarding that process.

The Fresno State Transportation Challenge, Christian Wandeler, Steve Hart

Mineta Transportation Institute

The Fresno State Transportation Challenge uses an action civics approach to support K-12 students in developing transportation-related projects that have a positive impact on the community. In 2020 the goal was to expand, refine, and create structures to sustain the implementation of the Transportation Challenge across subsequent years. As a result of the COVID pandemic, the process and goals of the project were adapted. The project was extended into April 2021 and was entirely conducted through remote participation. The focus was on two high schools. The expansion into the high school age bracket was successful and the experience with these …

Do Good To Feel Good? Investigating Civic Engagement Among Non-College Young Adults, Natalie Fenn

Open Access Dissertations

Young adulthood is a period of transition during which individuals could greatly benefit from health promotion tools. Civic engagement has been touted as one potential form of health promotion given its association with positive well-being. However, researchers have primarily examined civic engagement as a health promotion tool among older adults and adolescents, and less is known about its mental health implications for young adults. Additionally, findings are more mixed among women and those from lower-socioeconomic populations perhaps because civic engagement is conceived as an extra burden. Less-educated individuals are less likely to civically engage and more likely to demonstrate mental …

Using Constructivist Grounded Theory To Unpack How White Women In Stem Become Committed To Racial Justice, Desiree Forsythe

Open Access Dissertations

This dissertation presents findings from a constructivist grounded theory study on the process in which white women in STEM commit to racial justice. The research here captures not only the complexity of racial justice activism in white women, both the participants and my own, but is also grounded in the current events of the Black Lives Matter protests that erupted during a particularly brutal string of murders on Black people by law enforcement in the United States. This dissertation serves to unpack how white supremacy is both rejected and embodied by those attempting to commit to racial justice and to …

What Is Scholarly Legal Writing? An Introduction To Different Perspectives (On Us Qualified Immunity Doctrine), Samuel Beswick

All Faculty Publications

How do you write a law article? It turns out there is no one ‘right way’. Legal problems can be analysed from different angles. Law journals are full of diverse perspectives on the law.

This document provides an introduction to the different types of legal scholarship that can be found in law journals. It illustrates using scholarship on the American judicial doctrine of qualified immunity, which shields government officials from legal liability for ‘constitutional torts’. Qualified immunity can be analysed from the perspective of doctrine, policy, comparative law, history, economics, empirics, sociology, and philosophy. One issue; many perspectives.

Msw Graduates Process Of Readiness For The Social Work Field, Karin L. Capobianco

Open Access Dissertations

The purpose of this qualitative study is to inquire from a total of 25 faculty, field supervisors, and recent alumni their formal and informal observations of Master level Social Work graduates’ process of readiness for the profession. Through the methodology of constructivist grounded theory and the methods of focus groups and individual interviews, this study seeks to explore the process of readiness for recent MSW graduates by examining the participants’ perceptions of the students’ readiness for the field. This perception of readiness is different than the benchmarks of the traditional components used for MSW graduate level students. The findings revealed …

The Impacts Of The Invasive Green Iguana (Iguana Iguana) On Agricultural Production And The Communities Of Puerto Rico — An Interdisciplinary Assessment, Christina N. De Jesus Villanueva

Open Access Dissertations

Invasive species are one of the most pressing threats to the conservation of biodiversity, to human health, and the economy today. Agricultural production and invasive species are often entangled in a complex web of interactions that ultimately decrease agricultural yield and lead to billions of dollars in losses. With no indicators of slowing globalization, it is imperative that we monitor the movement of potential pest species, prevent new introductions, and mitigate the impacts of invasive species. Comprehensive monitoring of potential invasions is not always possible, however, since it is often after a species is established that wildlife management and agricultural …

Barriers And Opportunities To Exiting Prostitution: An Analysis Of Prostitution Diversion Programs, Marina Binti Mohd Hamdan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Problem-solving courts incorporate therapeutic and punitive measures in the court process in the criminal justice system. Prostitution Diversion Programs (PDP) are recognition of women in prostitution's inherent systemic struggles to desist and recover. Specialized Prostitution Diversion in Baltimore City and Project Dawn Court in Philadelphia are two PDPs analyzed through a longitudinal study on participants throughout their involvement as well as after they graduate from the program. By addressing the barriers to exiting prostitution through women’s turning points and providing opportunities to overcome hardships, women are more likely to successfully exit prostitution and maintain their sobriety in the long-term. Findings …

Exploring Cyberterrorism, Topic Models And Social Networks Of Jihadists Dark Web Forums: A Computational Social Science Approach, Vivian Fiona Guetler

Graduate Theses, Dissertations, and Problem Reports (ETD)

This three-article dissertation focuses on cyber-related topics on terrorist groups, specifically Jihadists’ use of technology, the application of natural language processing, and social networks in analyzing text data derived from terrorists' Dark Web forums. The first article explores cybercrime and cyberterrorism. As technology progresses, it facilitates new forms of behavior, including tech-related crimes known as cybercrime and cyberterrorism. In this article, I provide an analysis of the problems of cybercrime and cyberterrorism within the field of criminology by reviewing existing literature focusing on (a) the issues in defining terrorism, cybercrime, and cyberterrorism, (b) ways that cybercriminals commit a crime in …

The Bigger Picture: Wrongful Conviction Documentary Thematic Vs Episodic Framing, Alecsandra N. Vac

Graduate Theses, Dissertations, and Problem Reports (ETD)

True crime documentaries have gained popularity in the past decade, but those focusing on wrongful conviction cases have been on the rise (Doughty, 2018). Advocates against wrongful conviction, such as the Innocence Project, have been utilizing entertainment media to increase awareness on the issues present in the criminal justice system. However, the framing of wrongful conviction causes and cases (ex: focusing on extreme accusations of police misconduct and intentional forensic evidence tampering) could lead to a bias in how the viewers understand how miscarriages of justice occur. The primary research question being investigated here is, how are these advocacy-recommended documentaries …

The Heart Of Everything In The Middle Of Nowhere: The Role Of Rural Identity In The Formation And Deployment Of Political Attitudes In Pennsylvania, Mikaela G. Zimmerman

Graduate Theses, Dissertations, and Problem Reports (ETD)

The world of American politics continues to infiltrate households across the United States as technological advancement extends the reach of breaking news and government action. With this expanding reach, communities all over the country are digesting and contemplating their place in national politics more fervently than ever. At the crux of this discussion is the backbone of political engagement and action—identity and its resulting political attitudes. For decades, partisanship has been a point of contention amongst American citizens. Cities across the nation showcase protests, demonstrations, town hall meetings, and more illustrating citizens’ care for their democratized input in government affairs. …

Critical Perspectives On Produce Prescription Programs & Us Federal Nutrition Policy, Alanna K. Higgins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Produce prescription programs, interventions operating at the intersection of food access and public health, are steadily increasing in number across the United States since 2010. I leverage key informant interviews, participant observations, and event ethnographies to form a four-year institutional ethnography of the implementation of produce prescriptions within West Virginia alongside a legal-policy archaeology methodology to understand how produce prescriptions have been institutionalized and funded within the US Farm Bill. While much of produce prescription program growth is attributed to an expansion of federal funding starting in 2014, this dissertation demonstrates that these programs and the federal legislation which has …

Appalachian Adolescents In An Out-Of-School-Time Program: Examining The Role Of Social Support From Family And Friends For Coping Skills And Intellectual Risk-Taking Outcomes, Summer Kuhn

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research on young adults has emphasized the importance of social support for generating positive physical, mental, and academic outcomes. This study aims to understand the impact of social support from family and friends on coping skills and intellectual risk-taking among high school seniors participating in an Out-of-School-Time (OST) program in Appalachia. Data from the program’s annual evaluation (2014-2018) was analyzed to measure associations between perceived social support from family and friends and students’ coping skills and intellectual risk-taking. Moreover, potential differences in these associations across genders were considered. Analyses found a significant association between family-based social support and coping skills, …

Short-Term International Sport For Development And Peace Programs: A Retrospective Analysis And Critique Informed By Stakeholders’ Perspectives In A Two-Year Follow-Up, Adam Hansell

Graduate Theses, Dissertations, and Problem Reports (ETD)

Sport for Development and Peace (SDP) programs are a popular approach to promoting positive development throughout the world, spanning health, education, peace, and social issues. However, scholars have identified critical shortcomings of SDP work, including the potential to reinforce neoliberalist tendencies and values imposition from the Global North to the Global South. Deporte y Cambio Social was a short-term SDP program established through partnership between American and Mexican constituent groups with aims to empower girls and women through soccer. Through six semi-structured, two-year retrospective interviews, the purpose of the present study was to explore cross-cultural understandings of power and intercultural …

“I Lost Everything I Owned… Now I’M Growing That Back”: Narratives Of Redemption After Meth Immersed Lives, Danielle M. Stoneberg

Graduate Theses, Dissertations, and Problem Reports (ETD)

There is a lack of knowledge on how the process of desisting (i.e., maintaining abstinence) works for those leaving immersed drug lifestyles, leaving a need for a better understanding of the role and impact of identity in drug desistance. Through secondary analysis of interview data from a sample of 33 former methamphetamine manufacturers, this study examines the applicability of Maruna’s (2001) redemption narrative framework and identifies other aspects featured in their narratives that signaled identity change. Results found all participants discussed at least one component of the framework in their interviews. Their narrative identities changed over time to recognize that …

Gun Culture 3.0, Andrew Phillip Stover

Graduate Theses, Dissertations, and Problem Reports (ETD)

There exist a criminology of firearms and an epidemiology of firearms use, but little in the way of a sociology of U.S. firearm ownership. Most social science study of firearms concerns illicit gun use and the harm that use produces. Compared to this body of work, little has been done to explore the culture of legal gun ownership. A few social scientists have attempted to change this by contributing their own interpretations of what a sociology of U.S. gun ownership might look like. Professor David Yamane, in doing just this, has posited a cultural model of contemporary gun ownership he …

Choosing Not To Participate: Cyber Truancy And Special Education, Elizabeth A. Popielarcheck

Graduate Theses, Dissertations, and Problem Reports (ETD)

This qualitative study investigated facilitators and barriers to participation in online instruction for students in grades 9-12 with a high incidence disability from the perspective of the student and adult in the home (AIH). Three AIH-student dyads participated in questionnaires and an online interview. The interviews were recorded, transcribed verbatim, and then analyzed using the six phases described by Braun and Clarke (2006). Eight categories that aligned with barriers and facilitators to participation were identified: communication, instruction in the home, role of the AIH, attendance, grading, teacher provided student support, overall quality of online learning experience, and suggestions. Categories were …

U.S.-Ukraine Relations And The Concept Of Strategic Partnership, Khrystyna Pelchar

Graduate Theses, Dissertations, and Problem Reports (ETD)

A strategic partnership has become particularly relevant in the wake of the Russian war in Ukraine. Most studies focus on the historical perspective of particular special relations leaning toward the long-standing nature and stability of those relations. Others describe interstate partnerships as dynamic developments rather than static phenomena. Conventionally, strategic partnerships are multifaceted, including the spheres of economic cooperation, military assistance and partnership, and democracy promotion. Scholars also single out cultural proximity as an important factor facilitating mutual trust and feasibility of strategic partnership.

This thesis will discuss the historical background of the U.S.-Ukraine economic, socio-political, and military cooperation and …

Embodied Energy Geographies: An Exploration Of Fracked Landscapes In The Ohio River Valley, Rachael L. Hood

Graduate Theses, Dissertations, and Problem Reports (ETD)

Methane gas production has boomed across the United States as a result of the development of fracking technology and its associated infrastructures, including pipelines. This production has provoked resistance over a litany of environmental and social concerns at both global and local scales. These concerns are compounded by a history of extractive economies and degradation in the Marcellus shale region of Appalachia and the Ohio River Valley. To date, there has been limited research at the intersection of extractive industry and emotional geography, especially around pipelines. This research draws on feminist, emotional, and energy geographies and uses semi-structured interviews and …

Examining The Relationship Among Perceived Academic Climate, Belongingness, And Engineering Identity, Sumaia Ali Raisa

Graduate Theses, Dissertations, and Problem Reports (ETD)

An attempt to cultivate an inclusive learning environment in engineering is trending as a response to women's underrepresentation and a lower retention rate than men undergraduates. This study was situated in such an undergraduate engineering program where interventions were embedded in the course curriculum focusing on cultivating an inclusive engineering identity. Following a sociocultural perspective, the present study aimed to examine the relation of engineering identity with perceived academic climate, sense of belonging, and gender among two engineering cohorts (before covid and during covid context). A total of 482 first-year engineering undergraduates' survey responses were analyzed in this study using …

The Dances Of Diplomacy: French Social Dance Culture In The United States, 1780-1800, Kaylar Gina Moser

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis explores how social dancing in the United States formed a noteworthy aspect of political, diplomatic, social, and class exchange for U.S. elites both domestically and overseas; and how the cultural dominance over dance that France enjoyed during this period created an informal cultural diplomatic relationship between the United States and France in the 1780s and the 1790s. I argue that U.S. elites utilized this dance culture as a form of upper-class status legitimation that could serve diplomatic purposes. This project increases the purview of U.S. cultural diplomatic studies by centering on the eighteenth century and by utilizing an …

Living On The Edge: Trans* Exclusion, Survival, And Resistance, Rayna E. Momen

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

This dissertation focuses on the criminalization and victimization of transgender people, broadly defined as people whose gender identity does not align with their assigned birth sex, using a queer criminological and intersectional lens. The introduction offers background and context for this examination, and includes the purpose, theoretical approach, methodology, research questions, contributions, and overviews of the substantive chapters. Chapter two explores what we know and what we do not know about transgender people’s pathways into the criminal legal system, how they experience state surveillance, and how they navigate the system. Chapter three explores violence against transgender people in various …

Exploration Of Intercollegiate Student-Athletes’ Athletic Identity, Leah C. Oldham

Graduate Theses, Dissertations, and Problem Reports (ETD)

Student-athletes encounter experiences that can cause their identity process and self-concept to be disturbed. Even though athletic identities are strong among intercollegiate athletes, some encounter identity-threatening events that interrupt their identity process, negatively affecting their athletic identity. The present study adds to current research on the athletic identity of student-athletes by examining the athletic identity and self-esteem of student-athletes to determine if a redshirt season is a positive (identity-enhancing) or negative (identity-threatening) event. The intersectionality of age, race, gender, and ethnicity are examined to understand if multiple identities influence the experience of a redshirt season. Results reveal that a redshirt …

Roles And Responsibilities Of A Coach Developer In A Youth Soccer Setting In The United States, Christina Ann Villalon

Graduate Theses, Dissertations, and Problem Reports (ETD)

Although coaching has a long history guided in the apprenticeship or mentorship model (Taylor & Garratt, 2013), research has primarily focused on the athlete, rarely on the coach, and almost never on whom the coach is serving as an apprentice to, or being mentored or supported by. Internationally, this role has been termed a ‘coach developer,’ but the formalized title and role of the coach developer is still a rather new concept (ICCE, 2014), with most research focused on the coach developer working at elite levels. Therefore, the purpose of this study was to explore the roles and responsibilities of …

Love At First Profile: An Experiment Exploring If Previously Incarcerated Individuals Are Less Desirable While Online Dating, Carina L. Perrone

Graduate Theses, Dissertations, and Problem Reports (ETD)

Incarceration is a rapidly increasing occurrence in the United States with more than 1.4 million people incarcerated and more than 2 million on some form of restricted confinement. While men are incarcerated at a much higher rate than women, women are still at a steady incline of incarceration as well. Also, people of color disproportionately make up a large number of those incarcerated while accounting for a small percentage of the general population. Previous research on people who have been incarcerated focuses on it affects education, employment, and marriage. Little research has attempted to explore how incarceration effects dating, a …

The Business Of Behavior: Appalachian Teachers’ Experiences In Using Positive Behavior Interventions And Support, Erin Michele Coffield

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores the lived experiences of Appalachian elementary and middle school teachers who have been identified as working in Positive Behavior Intervention and Support (PBIS) schools. This study used Lifeworld Theory to engage in discussion about the teachers’ individual experiences in using PBIS in their classrooms in relation to resilience frameworks and childhood trauma. The teachers’ individual experiences were analyzed using a Whole-Part-Whole analysis to bring the individual stories together to better understand how PBIS and childhood trauma are experienced in a specific Appalachian school. Discussion opens up through the participants' experiences about grit models in school, trauma their …

“Where Did Your Christ Come From”? Exploring The Significance And Prevalence Of The White Jesus Phenomenon Among Black Baptist Women And Men, Stephanie Marshelle House-Niamke

Graduate Theses, Dissertations, and Problem Reports (ETD)

Berger's theory of religion and world construction fails to consider the critical issue of power and who is allowed to construct their own reality and thus, does not adequately capture the experience of Black Christians and the Black religious experience. I use White Jesus as a case study to analyze this process. Though the White Jesus phenomenon has been more readily explored in theological and historical fields, very little sociological research discusses this phenomenon. I argue that a Europeanized Jesus has had harmful sociocultural effects on Black Christians and Black people, in the form of cultural trauma. Yet, the White …

It’S A Bleed: Pediatric Hemophilia And Length Of Stay, Rural Vs Urban Hospitals, Daniel G. Liedl

Graduate Theses, Dissertations, and Problem Reports (ETD)

Hemophilia is a rare genetic disorder that requires specialty care and treatment. Pediatric patients with hemophilia have unique medical issues that may lead to permanent disability or death if not properly diagnosed and treated in a timely manner. Due to lack of resources and proper training of staff, rural hospitals are not equipped to properly treat pediatric hemophilia patients. Utilizing the Healthcare Cost and Utilization Project (HCUP) Kids´ Inpatient Database (KID) of the Agency for Healthcare Research and Quality. I have found, across all hospital types, pediatric hemophilia patients have longer lengths of stay, 2.7 days for rural hospitals, 4.6 …

Care To Walk In My Shoes? Repairing Trust After Violations Of Benevolence, Luke Aaron Langlinais

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation examines how perceived perspective taking relates to trust repair, specifically in the context of a benevolence-based violation. I draw on perspective taking theory, attribution theory, and the integrative model of organizational trust to explore a model of interpersonal trust repair. The extant literature on trust repair primarily focuses on violations of ability and integrity, leaving the third dimension of trustworthiness, benevolence, largely unexplored. Yet, research suggests as many as 96% of workplace employees have been victims of benevolence-based offenses, such as disrespect, condescension, or degradation. The present research expands the theoretical bounds of the extant trust repair literature …

Needs Assessment Of Diabetes Self-Management Education And Support Within West Virginia From Provider Viewpoints, Kasey M. Yost

Graduate Theses, Dissertations, and Problem Reports (ETD)

Diabetes is a chronic health condition that affects millions of Americans. It can have significant, lasting effects on an individual’s mental and physical wellbeing, especially when it goes unmanaged or untreated. Diabetes has been a growing problem in West Virginia (WV), which has the highest adult rate of diabetes at 15.7% in the US. Furthermore, WV has the highest mortality rate associated with diabetes at 36.2%. An effective method of management is through diabetes self-management education and support (DSMES). DSMES is a critical component of care for all individuals with diabetes. It is defined as the ongoing process of facilitating …