Digital Commons Network^™

Visiting Judges, Pamela K. Bookman, Alyssa S. King

Faculty Scholarship

No abstract provided.

Hiding In Plain Sight: An Ilo Convention On Labor Standards In Global Supply Chains, James J. Brudney

Faculty Scholarship

This Article proposes a solution to the primary challenge currently confronting governments, employers, and workers under international labor law: how to promote and protect decent labor conditions in global supply chains (GSCs).

The Article begins by summarizing why existing public law and private law approaches have failed to meet this challenge over several decades. It describes the shortcomings of law and practice in developing countries as well as the weakness of corporate social responsibility (CSR), including the most ambitious version of CSR, the U.N. Guiding Principles on Business and Human Rights. It then analyzes the problems with recent national laws …

Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman

Faculty Scholarship

Title IX protects against sex-based discrimination and harassment in covered education programs and activities. The Biden Administration's recently proposed Title IX regulations do not, however, include discrimination on the basis of menstruation or related conditions as a form of discrimination based on sex. This comment on the proposed regulations explains why the regulations should include conditions related to menstruation and recommends changes for how to do so.

Three Modalities Of (Originalist) Fiduciary Constitutionalism, Ethan J. Leib

Faculty Scholarship

There is an ongoing body of scholarship in contemporary constitutional theory and legal history that can be labeled “fiduciary constitutionalism.” Some have wanted to strangle this work in its cradle, offering an argument pitched “against fiduciary constitutionalism,” full stop. But because there are enough different modalities of fiduciary constitutionalism – and particularly originalist varieties of it at the center of recent critiques – it is worth getting clearer about some methodological commitments of this work to help evaluate its promise and potential pitfalls. This paper develops the ambitions, successes, and deficiencies of three modalities of historical and originalist argument that …

Policing "Bad" Mothers, I. Bennett Capers

Faculty Scholarship

Jessamine Chan’s The School for Good Mothers — a speculative novel about a mother who abandons her child for a few hours and is required to attend a school for good mothers to regain custody — may not be a great book, but it is a good yarn, and a page turner, and thought-provoking. Thought-provoking, because to measure her fitness to be a mother, the protagonist is assigned a robot doppelganger of her child — one that is sentient, one that seems almost real, one that might even pass the Turing test, and one that she is required not only …

Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi

Faculty Scholarship

The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …

Donating To The District Attorney, Carissa Byrne Hessick, Michael Morse, Nathan Pinnell

Faculty Publications

The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of criminal justice policy. But the academic literature assumes that, in practice, prosecutor elections fail to live up to that promise. This Article complicates that conventional wisdom with a new, national study of campaign contributions in prosecutor elections. The study offers a more complete empirical account of prosecutor accountability by analyzing contributions to local candidates as well as their election results. It details the amount of money in local prosecutor elections, including from interest groups, and the relationship between …

A Phenomenological Study: The Lived Experience Of Jamaican Immigrant Teachers Practicing In Northeastern North Carolina, Dianne Campbell-Barton

Doctor of Education Dissertations

Public school districts across the United States (U.S.) have struggled with the hemorrhaging of teachers for many years and have become creative in staffing classrooms, which includes hiring overseas teachers. This qualitative phenomenological study explored the lived experiences of Jamaican exchange visitor program (EVP) teachers practicing in northeastern North Carolina K-12 public and charter schools. An amalgamation of Milton Gordon’s (1964) assimilation and John Berry’s (1977) acculturation theories guided the research. Semi-structured interviews were used to capture and examine the Jamaican EVP teachers' stories of success, challenges, and resilience. The study capitalizes on the power of Jamaican EVP teachers’ stories …

Restraining The Disabled: A Program Evaluation Of Nonviolent Crisis Intervention In The Educational Setting, Taner Jarrett

Doctor of Education Dissertations

Students with disabilities are 200% more likely to be restrained by school personnel compared to nondisabled peers (Katsiyannis et al., 2020). The purpose of this study was to examine the effectiveness of Nonviolent Crisis Intervention (NVCI) in de-escalating the risk behavior of children with disabilities from exceptional children (EC) teacher perspectives. This study was a mixed method program evaluation of the Crisis Prevention Institute NVCI program using Daniel Stufflebeam’s (1968) Context, Input, Process, Product (CIPP) evaluation framework. The setting for this study was a large suburban school district in the piedmont region of North Carolina. The sample included 15 NVCI- …

Reflective Practice Using Video-Recorded Classroom Observations, Angela Greer

Doctor of Education Dissertations

This study was prompted by a desire to understand the relationship between reflective practice using classroom instructional video observations and teacher perception of effectiveness. This was a mixed methods study in which quantitative data were collected from a pre- and post-survey using a Likert scale and qualitative data from weekly pre- and post-reflection questions and a final reflection question. This study involved data collection from 19 volunteer teachers from a rural middle school serving students in Grades 6-8. Effective teachers are those who use self-reflection to deepen their understanding of how their instructional practices affect student learning, make improvements to …

Plant Nutrient Contents And Spatial Distribution Patterns Of Toxic Element Concentrations In Mine Site Soils, Gülşen Tozsi̇n, Taşkin Öztaş

Turkish Journal of Agriculture and Forestry

Open-pit coal mining causes land and soil degradation and negatively affects soil properties. It is of great importance to determine variabilities in soil properties of the abandoned area after the mine is closed and to bring it back to nature by implementing appropriate rehabilitation programs. The aim of this study was to evaluate plant nutrient availability and toxic element pollution in an abandoned coal mine site. The results indicated that the amounts of plant-available P and K are quite low (<90 kg P₂O₅ ha^-1) and low to moderate (<170 kg K₂O ha^-1), respectively. The concentrations …

The Effect Of Immobilized Chitinase Enzyme On The Biocontrol Of Sitophilus Zeamais, Nesli̇han Di̇kbaş, Sevda Uçar, Göksel Tozlu, Tuba Öznülüer Özer, Recep Kotan

Turkish Journal of Agriculture and Forestry

Microbial enzymes produced using biological processes are of great importance due to their contribution to sustainable solutions for agricultural production. In our previous study, the chitinase enzyme from Lactobacillus coryniformis was purified, immobilized to zinc oxide (ZnO) nanoparticles, and its effectiveness as a bioinsecticide against the storage pest Sitophilus zeamais Motschulsky, 1855 (Coleoptera: Curculionidae) was determined by forming a nanoformulation. In this study, the effectiveness of immobilized chitinase (nanoformulation), free chitinase, malathion, ZnO, and L. coryniformis on intestinal enzymes such as alkaline phosphatase (ALP), adenosine triphosphatase (ATPase), and lactate dehydrogenase (LDH) were tested to elucidate some of the mechanism of …

The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre

Perspectives

For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …

Sagebrush Steppe Songbird Conservation: Inferences Using Remote Sensing Data And A Novel Reproduction Model, Kaitlyn Marie Reintsma

Graduate Student Theses, Dissertations, & Professional Papers

Anthropogenic land cover change continues to degrade and fragment wildlife habitats, threatening biodiversity at local, regional, and global scales. Songbird populations are sensitive to broad habitat changes and therefore can be used to assess and prioritize habitat for biodiversity. For example, biodiversity losses in the arid grass and sagebrush of western North America (Artemisia spp.; hereafter “sagebrush steppe”) are reflected in the rapid decline of songbird populations. However, the influence of the principal land use, livestock grazing, on songbird populations, and by inference biodiversity, is unclear. In this dissertation, I investigated sagebrush steppe songbird conservation in a grazed landscape by …

Municipal Musk Oxen, Gentry Hale

Graduate Student Theses, Dissertations, & Professional Papers

You’d be hard-pressed to find a town with more sled dogs and mushers per capita than Nome, the finish line of the 938-mile Iditarod sled dog race.

It is also home to a growing herd of musk oxen, massive ungulates that Congress reintroduced to the Seward Peninsula in 1970. These icons of the far north have changed little over their 1.8 million years of existence and more closely related to sheep and goats than actual oxen.

While musk oxen pose a risk to dogs and people, they are also a major tourist attraction that helps inject much needed outside cash …

Understanding Trauma Awareness And Communication Competency In Athletic Training: A Mixed Methods Inquiry, Adrienne Anne Tauses

Graduate Student Theses, Dissertations, & Professional Papers

There has long been a link between stress and injury in athletes. Even so, athletic injuries are often viewed as primarily performance issues which ignores potential underlying psychological contributors to the injury. Research has shown that while athletic trainers have some training in psychological competencies, they lack awareness of trauma and self-efficacy in engaging in difficult conversations with athletes. Review of the literature will address the gaps in athletic training, and the potential of athletic trainers in supporting physical and mental health outcomes in athletes (Cormier & Zizzi, 2015; Cutler & Dwyer, 2020). Addressing the whole person within a sample …

Promoting Well-Being In Schools: The Effects Of A Happiness Workshop On Educators And Other School Personnel, Robert J. Ryan

Graduate Student Theses, Dissertations, & Professional Papers

Educators throughout the United States report high levels of mental distress, anxiety, depression, and stress and difficulties with physical health. Educational systems have limited ability to address the well-being of faculty and staff in primary and secondary schools. Existing interventions are not always adequate and often do not reach the majority of educators who are facing challenges in the aforementioned areas of wellness. Positive psychology interventions and workshops have demonstrated their efficacy in promoting well-being with different populations. In this quantitative, quasi-experimental, pretest-posttest study, I studied the effects of a brief happiness for educators workshop on participants’ well-being. The happiness …

Stories From Superfund, Rachel M. Neal

Graduate Student Theses, Dissertations, & Professional Papers

Superfund sites are the most contaminated places in the nation, but they do not exist in isolation. Stories from Superfund examines Superfund sites in three different communities, sharing the stories of people with varying relationships to these sites.

An audio story explores how the largest Superfund complex in the U.S., the Clark Fork River, serves as a living laboratory. Researchers and agency staff explain what we can learn from the nation’s most contaminated places.

A graphic, written piece uses data to understand environmental justice in a community in Southeast Georgia. Environmental inequities are visualized through graphs and maps showing demographic …

The Ally Librarian, Marissa Mcclintock

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Blood And Oil: How Vampiric Literature Bolsters Big Oil’S Power, Sarah Marie Demond

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines the relationship between blood and oil, that is, the multitude of ways in which the petromodernity industries harvests and threatens vitality. The introduction of this thesis is concerned tracking how petromodernity is a byproduct, offspring, or extension of colonialism. In this way, petromodernity can be thought about as “petro-colonialism.” Ursula K. LeGuin’s “Carrier Bag Theory of Fiction” informs the argument that the way thay petro-colonialism came to be and also maintains itself is by utilizing the “killer story.” This thesis also employs autorheoretical techniques informed by Lauren Fournier to show how petro-colonialism or “oiliness” sticks to its …

Variation In Body Composition In Deer Mice: The Biogeography And Ecophysiology Of Energy Allocation, Cole Joseph Wolf

Graduate Student Theses, Dissertations, & Professional Papers

Body composition, the percent of lean and fat mass, is a snapshot of an individual’s energetic state at a moment in time. Wild organisms should allocate energy to optimize fitness, so tracking changes in body composition provides a window into how priorities may shift throughout the year or across environments. While seasonal variation in body composition is wellcharacterized in systems such migrating birds (Scott et al. 1994) and hibernating mammals (Hellgren 1998), much less is known about how this trait varies across species ranges and thus how organisms modify their body composition and to meet local environmental challenges. For my …

Wet Specimen, Abigail Lee Raley

Graduate Student Theses, Dissertations, & Professional Papers

Cystic fibrosis is a condition which thickens the mucus throughout the body of the afflicted patient. Bob Flanagan, in his book The Pain Journal, ventures to record that sort of physical experience, as it pertains to the daily practices of his art, leading up to his death. Flanagan expounds on given relationships between his sadomasochistic performance art and the pain of his body in his poem “Why.” Richard Siken, too, in his book Crush, explores the embodied violence of gay lust, love, and obsession. WET SPECIMEN finds itself amongst these traditions, as it ventures to explore the animality …

Greater Sage-Grouse In A Grazed Landscape: Habitat Selection, Demographic Rates, And Population Trends In Central Montana, Jennifer Evans Helm

Graduate Student Theses, Dissertations, & Professional Papers

Greater sage-grouse (Centrocercus urophasianus) abundance has declined across the species’ range due to habitat loss, degradation, and fragmentation. To address this decline, information is needed to guide habitat conservation priorities and population management efforts. This includes information about patterns of habitat selection at multiple spatial scales, habitat and land use variables that affect demographic rates, and population trend estimates. We collected ten years of data (2011-2020) on sage-grouse demographic rates and habitat selection, as well as on vegetation and livestock grazing patterns, to address these topics. We were specifically interested in the effects of a rotational grazing system implemented through …

Supervised Cancer Rehabilitation: Applications For Utilizing Existing Cardiopulmonary Rehabilitation Facilities For Cancer Patients And Survivors, Nancy A. Condit

Graduate Student Theses, Dissertations, & Professional Papers

Currently, the NIH reports there are approximately 18 million Americans with a history of cancer. Cancer statistics are projected to rise to 22.1 million by 2030. In addition to cancer, cardiovascular diseases are globally the leading causes of mortality and morbidity. The body of research in this area clearly demonstrates that greater amounts of physical activity correspond with a lower risk of cancer recurrence and all-cause mortality, including cardiovascular disease (CVD). Exercise rehabilitation success in cancer patients, both during and after treatment, is limited by several barriers, including the lack of facilities, trained personnel and financial resources. In response to …

Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch

Graduate Student Theses, Dissertations, & Professional Papers

The Federal Aid in Wildlife Restoration Act of 1937 now known as Pittman-Robertson and Federal Aid in Sport Fish Restoration Act of 1950 now known as Dingell-Johnson are federal statutes which stand as the original and perhaps most significant federal funding statutes supporting state wildlife conservation and management. Congress’s decision to pass these statutes may be argued to be a prima facie endorsement of state wildlife agencies (SWA) as the primary managers of wildlife since each statute dedicated substantial federal excise revenue to SWAs. We hypothesized we would find consistent evidence in favor of primary state management authority over wildlife. …

Modifying Lysosomal Cholesterol Or Potassium Channel Activity Prevents Silica-Induced Inflammation, Rebekah Louise Kendall

Graduate Student Theses, Dissertations, & Professional Papers

Chronic inflammation contributes to a number of diseases, driven by NLRP3 inflammasome activity and the lack of resolution. Silicosis is one such disease, brought on by the unresolved inflammation caused by inhaled crystalline silica particles of sufficiently small size. These particles are taken up by alveolar macrophages to protect the fragile alveolar spaces. Silica particles interact with phagolysosomal membranes through nearly free silanol moieties and disrupt the lipid order of the lysosomal membrane thereby causing permeabilization. This permeabilization (LMP) leads to the release of proteases including Cathepsin B that promote the assembly and activation of the NLRP3 inflammasome. The inflammasome …

Evaluating Nurse Engagement With And Opportunities For Human Papillomavirus (Hpv) Vaccine Promotion In Montana, Juthika Jayendra Thaker

Graduate Student Theses, Dissertations, & Professional Papers

Purpose: Parental vaccine hesitancy is a known driver of sub-optimal vaccine uptake in the United States.1 Even though a study analyzing parental responses in National Immunization Survey-Teen found that HPV vaccine hesitancy has slightly declined (69% in 2010 v/s 63% in 2019) over the years, only about 52.6% of adolescents in Montana had received all the required doses of the HPV vaccine series in 2021.2,3 Nurses are at the forefront of healthcare provision and possess a unique ability to influence parental vaccine decisions.5 By listening to and addressing parents' concerns about immunizations, nurses can dispel misinformation and help change parents' …

Causes Of Low Leaf-Shredding Insect Diversity In Neotropical Streams, Pavel Ernesto Garcia Soto

Graduate Student Theses, Dissertations, & Professional Papers

Biological diversity peaks in tropical regions followed by a steady decline towards the poles. It is a pattern in γ-diversity that sometimes explains latitudinal patterns in local assemblages (α) and their species turnover (β), which suggests that similar ecological mechanisms might be operating at different latitudes. However, not all taxa have more species towards the equator. Aquatic shredder insect richness peaks in temperate streams relative to tropical streams, where local aquatic shredder insect assemblages have low α-diversity. Three mechanisms have been proposed as factors structuring aquatic shredder insect assemblages in tropical streams, leading to shredder assemblages with low α-diversity, 1) …

Weathering The Storm: The Journey Of Healing From Sexual Trauma, Hana Shewamoltot Meshesha

Graduate Student Theses, Dissertations, & Professional Papers

Individuals identifying as members of an underrepresented group face a higher risk of sexual violence (RAINN, 2020; Rosay, 2016; Smith et al., 2017). Encountering sexual violence is associated with physical and mental health issues that impact the wellbeing of survivors. Developing a theory to explain the healing responses to sexual trauma helps both survivors and those providing support gain knowledge about potentially transferable healing strategies. This grounded theory study was guided by a central question: what is the experience and process of surviving sexual trauma for individuals in underrepresented groups? Six adult survivors of sexual trauma identifying as members of …

Structural Properties Of The Interactions Between Cytochrome C And Cardiolipin, Ariel Kristine Frederick

Graduate Student Theses, Dissertations, & Professional Papers

The interaction between cytochrome c and cardiolipin is known to be essential for the onset of apoptosis: cytochrome c becomes competent for peroxidase activity due to the presence of reactive oxygen species and oxidizes cardiolipin, ultimately resulting in mitochondrial membrane pores that allow cytochrome c to escape into the cytosol and form the apoptosome complex. As such, understanding this reaction is critical to understanding the mechanisms of programmed cell death. Despite this, many components of this interaction are still under debate. Examples of this include which components of cytochrome c structure are responsible for the large differences in peroxidase activity …