Digital Commons Network^™

Originalism, Common Good Constitutionalism, And Transparency, Michael L. Smith

Faculty Articles

A theory of interpretation that is more transparent tends to be preferable to less transparent alternatives. Increased transparency tends to promote the values of constraint, democratic legitimacy, and an understanding of what the law is. Under a transparency rubric, originalism, as a standard of interpretation, performs better than common good constitutionalism. Originalism provides a better defined (though still imperfect) basis for determining the correctness of claims about what the Constitution means. Common good constitutionalism's reliance on morally and politically loaded terminology makes it elusive as a standard of interpretation which tends to match the desires of the interpreter. At the …

Apology As An Intellectual Property Remedy In China: A Preliminary Examination Of American Litigation Experiences, Robert H. Hu

Faculty Articles

Seeking and receiving an apology from the wrongdoer is a ubiquitous social phenomenon in Chinese culture and society. In recent years, litigation and apologies appear to be natural elements of contemporary life in China. Apologies as a legal remedy in Chinese laws and regulations have become prevalent for nearly four decades. In particular, in intellectual property law, the last thirty years have witnessed an explosion of apology cases. In such litigation, plaintiffs seek (and sometimes obtain) apologies from the defendants as a statutory remedy besides injunction and damages. American businesses operating in China increasingly take to the Chinese courts to …

Seismic Shifts: Post-Covid Legal Education And The Profession, Zoe Niesel

Faculty Articles

The 2020-2021 COVID-19 pandemic created significant upheaval in the legal profession. Courts closed, cases were delayed, and law firms and other legal institutions rapidly moved their employees and operations to a virtual forum. And among this disruption, law schools made unprecedented changes to their curricula and pedagogy as students attended classes over Zoom, through asynchronous means, or in a hybrid fashion that split their learning between in-person and online. These rapid developments have sparked new discussions regarding the future of legal education. Specifically, law schools and the American Bar Association (ABA) are now re-examining their approach to determine the appropriate …

The Marriage Nullity Process In The Reform Of Pope Francis With Special Reference To The Processus Brevior (Book), Roberto Rosas, Yeshica Umaña

Faculty Articles

Marriage in the Church is considered the greatest symbol of mystical life and has been instituted by God, representing the sacrament of the spousal union of Christ with the Church. Multiple canons include the Church's requirements and regulations for marriage since its institution as a sacrament. The last marital reform was introduced in the 18th century by Pope Benedict XIV and remained as legal norm until Pope Francis announced the publication of a new reform for the annulment of marriages within the Church on August 15, 2015.

Despite reactions against maintaining strictness in favor of marriage, Pope Francis emphasized that …

Making The Grade: Do Teacher-Created Grading Systems Result In Disparate Outcomes For High School Students?, Laura L. Mayberry

UNF Graduate Theses and Dissertations

The lack of formal grading policies within individual schools and school districts results in differential grading across classrooms. In many secondary schools, an individual course may be taught by multiple teachers. This study aimed to determine if the existence of differential grading results in disparate outcomes for students based on their assigned teacher. Data about students (demographics, teacher-issued grades, and standardized test scores) was collected from four core content classes at one high school. Regression analysis was used to isolate the impact of students’ assigned teacher on their course grade after controlling for demographics and academic performance as measured by …

What Is Your Why? A Qualitative Study About Motivational Differences Of Latinos/Hispanics And African American/Black In A Computerized Cognitive Training Program To Prevent Alzheimer’S Disease, Lizbeth C. Vera Murillo

UNF Graduate Theses and Dissertations

Recruitment of diverse populations is a major barrier in advancing clinical research (Areán & Gallagher-Thompson, 1993; Areán & Alvidrez, 2003). The need to increase racial diversity is imperative due to the substantial growth of historically marginalized racial communities in the United States (Weinstein et al., 2017). Despite researchers’ efforts to increase racial/ethnic representation in clinical trials, there is still a lack of understanding of the best practices to recruit racial/ethnic minorities in clinical trials. The current study explores the qualitative motivations of why research participants (aged 65+ years old) volunteered for an Alzheimer’s Disease (AD) prevention clinical trial. Racial/ethnic differences …

Through The Looking Glass: An Autoethnography, Jennifer Pryor Halter

UNF Graduate Theses and Dissertations

This dissertation is an autoethnography studying my experiences as a female high school principal in the south. Autoethnography is qualitative research that analyzes personal experiences to understand a particular culture (Ellis et al., 2011). I share my lived experiences in fictionalized composite examples to protect myself and others possibly implicated in the research (Law & Fine, 2004). Through analysis, I use feminist theories and metaphors to understand the school and community and the presence of southern culture in this school’s context. Through research, I found glass metaphors describing women in leadership roles and their obstacles (Simpson & Kurma, 2015). I …

New Principals: Experiences That Influence The Role, Marianne P. Simon

UNF Graduate Theses and Dissertations

The purpose of this transcendental phenomenology-informed study is to examine the lived experiences of new principals and to understand the experiences that have influenced their role as principal. Phenomenological research is “interested in an analytical and descriptive experience of phenomena by individuals in their everyday world” (Eddles-Hirsch, 2015). This framework is what drove the research study into the lived experiences of new principals and the experiences that have influenced their role. The study is qualitative in nature using three in-depth, semi-structured interviews with five new principals in a Northeast Florida school district for a total of 15 interviews. The research …

That’S Why We Drink: Effects Of Undergraduate Stress During The Covid-19 Pandemic On Alcohol Behaviors, Skylar St Clair

UNF Graduate Theses and Dissertations

Previous literature has shown that undergraduates’ alcohol use is often affected by their perceived stress, especially when there is a significant disruption to their typical college lifestyle. The primary goal of the study was to demonstrate that there is a relationship between perceived undergraduate stress and alcohol behaviors mediated by anxiety during the COVID-19 pandemic. The secondary goal was to determine if there were any significant moderating variables on the aforementioned mediation, specifically characteristics of personality. A self-report Qualtrics survey was conducted to assess perceived stress, anxiety, alcohol use, and personality domains along the Big Five Inventory for 244 students. …

Gender And Race Influence Young Adults' Impressions Of People With Dementia, Angel Collie

UNF Graduate Theses and Dissertations

Alzheimer’s Disease and Related Dementias (ADRD) are becoming more common among older adults around the United States, including African Americans, who are twice as likely to be clinically diagnosed with Alzheimer’s Disease. Though it is counter-intuitive, young adults are important when examining the future projections of ADRD because they will be the future caretakers of older adults. The current study investigated whether impressions of people with dementia are influenced by the interaction of gender and race among young adults. In Phase 1, young adults (N = 157, ages 18-25, median age = 20) completed a reverse correlation task where they …

Motivation Differences Of Males And Females In The Pact Study: An Exploratory Study, Maria E. Vander Meulen

UNF Graduate Theses and Dissertations

A cure for Alzheimer’s disease (AD) is not yet a reality, however, research on preventative interventions for AD has demonstrated promise. An issue this research has encountered and will continue to contend with is the recruitment of a generalizable sample. There are several randomized clinical trials (RCTs) in various disciplines that do not reach their target sample or must extend their recruitment period to reach their sample size. Challenges like this will aid in the delay of finding an AD prevention method. That impedes the help it could provide future generations. The current study explores research participants’ (2,617) open-ended responses …

The Effect Of Testing On New Learning Of Related And Unrelated Text Sections, Katie Ingram

UNF Graduate Theses and Dissertations

When individuals are presented with a variety of materials, including word lists, face-name pairs, text passages, and more, the presence of a test between sections can enhance future section learning, a phenomenon called the forward testing effect (FTE). In addition to the FTE, studies have suggested that a decrease in the relatedness of the subject matter units can increase learning of the material. The current study examined the interaction between the presence of a test and the relatedness of material using text sections and cued-recall questions. Participants were 119 individuals assigned to a related test, related no-test, unrelated test, or …

Educator Perceptions Of Giftedness In Florida, Casey Leone

UNF Graduate Theses and Dissertations

Educators, including teachers and administrators, have a responsibility to increase knowledge and achievement for all students. Gifted students who demonstrate increased abilities and proficiencies are often given less attention as schools continue to increase their focus on the lower quartile of students. To address this need, gifted programs are implemented to foster excellence in identified students. However, educational policies pertaining to identification and qualifications for gifted programs can serve as gatekeepers denying students that could potentially benefit from rigorous and enriching programs. In this quantitative study, the perceptions of educators in Florida towards gifted policy were explored through a series …

In God's Hands: Faith Healing, Epilepsy, And The Question Of Human Rights, Marisa L. Pechillo

UNF Graduate Theses and Dissertations

This thesis highlights the historical link between people with epilepsy (PWE) and demonic possession. The discussion traces origins of these views from antiquity to the contemporary era, foregrounding media and scholarship that emphasizes the negative perceptions of PWE developed through Christian teaching and imagery. It explores the question of whether the social isolation, abuse, and violence committed against PWE, through Christian faith healing practices such as exorcism, developed in relation to these stigmatizing views and whether these constitute a human rights violation in accordance with conventions put forth by the United Nations.

Homecoming: Examining Built Relationships That Influence Historically Black College And University Student Experiences, Alvenia Effie Derban

UNF Graduate Theses and Dissertations

Maintaining and increasing student retention is a challenge for small institutions especially small private Historically Black Colleges and Universities (HBCU). There are factors which contribute to this problem of practice and solutions that could increase student retention given more research and analysis. The purpose of this instrumental case study was to explore and examine the campus professional-student relationships to better understand the first-generation/first-time college student’s experience and how these relationships may influence their retention. This study examined the experiences of three Edward Waters University students to understand a problem of practice experienced at Edward Waters University and many others, student …

The Perspectives Of Saudi Arabian Professionals Regarding The Most Important Soft Skills For Leaders To Possess In Telecommuting Environments During Crisis: A Q Methodology Study, Shatha Abdulghani Khalifah

UNF Graduate Theses and Dissertations

The purpose of this Q methodology study was to explore Saudi Arabian professionals’ perspectives regarding the soft skills they considered most important for leaders to possess in telecommuting environments during crises.

Q methodology was developed to study human subjectivity and uses both quantitative and qualitative procedures to do so. As is the convention for a Q methodology study, a single question guided the research: What are the perspectives collectively held among Saudi Arabian professionals regarding the soft skills they consider most important for leaders to possess in telecommuting environments during crises?

The researcher developed a 44-item Q sample of opinion …

Thermal Temperatures And Social Network Position In Bonobos, Dain Rust

UNF Graduate Theses and Dissertations

In a variety of species, the maintenance of stable social connections is associated with lower levels of stress in individuals. Understanding how physiological stress responses interact reciprocally with social connections in bonobos, humans closest living relative, can provide useful information about both the emergence of social connections in our own species, as well as provide guidance for animal welfare procedures. Infrared thermography (IRT) has been shown to be a reliable non-invasive measure of stress response in some species, specifically non-human primates. The current study examines the relationship between baseline facial temperatures, social network position, and demographic variables in a population …

How Performing Arts High School Students Experienced Involvement In A Black, Student-Created And Student-Led Organization Focused On Uplifting Black Art And Artists: A Critical Phenomenological Study With Implications For Culturally Responsive And Sustaining Educational Practices, Shaneka R. Ferrell

UNF Graduate Theses and Dissertations

This critical phenomenological study aims to understand the perspectives and experiences of members of Black Arts, a student-created, student-led organization focused on uplifting Black art and artists. The following research question guided this inquiry: What are the experiences of students involved in Black Arts, a student-created, student-led organization focused on uplifting Black art and artists? In addition, three sub-questions were explored: (a) How do students experience their involvement in Black Arts, a student-created, student-led organization focused on uplifting Black art and artists in ways that uplift and magnify their voices and agency? (b) How do student experiences in Black Arts, …

Truth And Consequences: Internal Stakeholder Perception Of Higher Education Leadership Crisis Communication Competence During The Covid-19 Pandemic, Lori Ann Kuhn-Hancock

UNF Graduate Theses and Dissertations

This exploratory mixed methods case study examined internal stakeholder’s perceptions of internally distributed COVID- 19 related crisis communication during the three stages of crisis (Coombs, 2019): pre-crisis (January to March 2020), crisis event (March 2020 to May 2021), and post-crisis (June 2021 to March 2022). The COVID-19 pandemic was an unforeseen crisis with yet unknown lasting impacts on institutions of higher education. Internal stakeholder perception of leaderships’ communication competence during a crisis event, and the leadership communication challenges during a world-wide pandemic are new areas of research (Bohn, 2022; Çelebi, et al., 2018; Coombs, 2010; Jong, 2020) It was important …

Triumph After Trauma: A Phenomenological Exploration Into Women Survivor’S Perceptions Of The Influence Of Trauma On Their Leadership, Natalya R. Bannister Roby

UNF Graduate Theses and Dissertations

Most research around trauma is focused on negative life consequences. Although limited, there is research that explores the influence of resilience and how some survivors may experience growth after trauma (Kirschman, 2004). Furthermore, research is limited on how trauma influences the leadership style and career trajectories of women who have overcome trauma. A qualitative phenomenological approach was used as the methodological framework to explore the perspectives of women leaders who identify as survivors or overcomers of trauma. The study participants are women leaders in middle management positions to senior-level executives in educational organizations serving middle and high school students.

In-depth …

Illness Stigma, Social Connectedness, And Health In People Living With Chronic Illness: A Structural Equation Model, Abigail Brooke Crawford

UNF Graduate Theses and Dissertations

The complexity of chronic or unexplained conditions may lead to potential stigma for those suffering long-term symptoms as they do not follow the expected pattern of recovery following diagnosis and treatment. Experiencing such illness-related stigma has potential for leading to a belongingness identity of detachment with implications for health across physical, social, and psychological dimensions. This study aimed to examine the relationship between stigma, social connection, mental health, physical health, and social functioning in a group of 231 participants with ongoing symptoms of chronic illness through structural equation modeling. The fit indices all suggest that the model reasonably fits the …

Internal Mental Representations Of The Self And The Typical College Student In Regards To Race, Self-Esteem And Belongingness, Celina Deloris Johnson

UNF Graduate Theses and Dissertations

The higher prevalence of white students on college campuses may influence how minority students see themselves within the academic setting. In essence, minority students may not feel like they belong on college campuses and this may harm their self-esteem. In particular, discrepancies between minorities' internal representations of themselves and their representations of a typical college student may drive feelings of not belonging and decrease self-esteem. The present research consisted of two phases and was designed to investigate how internal mental representations of the self and the typical college student are related to self-esteem and their sense of belonging. In Phase …

Examining Predictors Of Academic Success Among Stem And Non-Stem College Students, Sydney C. Barrett

UNF Graduate Theses and Dissertations

Nationally, approximately 40% of students drop out of college, with one third of all college freshman dropping out before they enter their second year (Hanson, 2021). Previous research (van der Zanden et al., 2018) has examined predictors of student success that range from institutional variables (e.g., policies, academic supports) to student characteristics (e.g., academic preparation, emotional well-being, motivation, self-evaluation). The primary goal of the present research was to add more insight into the variables that might affect academic success by examining differences in college students’ implicit theories of intelligence, achievement goals, academic self-concept, and academic success at two different levels …

The Influence Of Time And Location On Moral Dilemmas Based On A Driving Simulator Study, Jacqueline Nicole Miller

UNF Graduate Theses and Dissertations

How humans make decisions in dangerous driving situations like moral dilemmas can contribute to developing acceptable ethical principles for autonomous vehicles (AVs). This study investigates whether drivers make utilitarian choices (choices that maximize lives saved and minimize harm) in unavoidable automobile accidents under different time pressure conditions and collision subject locations with a driving simulator. Thirty-one undergraduates participated in this study using a STISM driving simulator in which participants responded to two types of driving moral dilemmas (pedestrian and vehicle related). Participants generally made utilitarian choices. However, the percentage of utilitarian choices varied with time pressure in the vehicle scenarios …

The Perceptions Of Principal Preparation Programs From The Perspectives Of Non-Reappointed Principals, Tiffany L. Green

UNF Graduate Theses and Dissertations

Principal Preparation Programs are a one-year intensive program to develop aspiring school Principals with at least three years of Assistant Principal experience (Solodev,2022). The purpose of these programs is to prepare aspiring leaders for the role of school Principal adequately. This qualitative phenomenological study aimed to explore the perceptions of principal preparation programs from the perspectives of non-reappointed principals. Four non-reappointed principals participated in the study. Three themes emerged from the data analysis of this study. Non-reappointed principals perceived that the training lacked the hands-on experience they needed, the level of support they received needed to be improved, and that …

Running The Gauntlet: Barriers For Black Women Academics In Higher Education Research Productivity, Crishana Dionne Benton

UNF Graduate Theses and Dissertations

Internationally, research productivity bears significance for an institution’s reputation and overall research ranking. Many previous efforts surrounding faculty issues have focused on individual faculty research productivity. This study reimagined the definition of productivity as an academic’s impact on scholarly research, evidenced by their h-index.

At the same time, the need for diversity of faculty populations is becoming more urgent, even in a time when the number of tenure-earning faculty positions is diminishing and those which remain are occupied mainly by white men. To add to the disparities, it is reported that only 4% of full-time faculty are Black women. Black …

Reentry For Registered Sex Offenders: Navigating Stigma Post-Release, Emily N. Friedman

UNF Graduate Theses and Dissertations

Registered sex offenders (RSOs) experience extreme stigmatization and monitoring even after they are released from incarceration. This is due, in part, to sex offender registries which perpetuate high levels of stigma and can contribute to false narratives about reoffending, victimization, and the homogeneity of sex offenders. As a result of societal level stigma, RSOs often struggle to locate and maintain employment, secure suitable housing, and establish positive, prosocial relationships. This current study utilized a qualitative approach using in-depth interviews with eight RSOs to explore how offenders experience and navigate this stigma during reentry. Findings support the notion that RSOs experience …

The Impact Of A Face To Face Sports Nutrition Session On Athletes' Nutrition Knowledge And Disordered Eating Attitudes, Jill M. Snyder

UNF Graduate Theses and Dissertations

The primary objective of this study was to determine the impact of a face-to-face nutrition education session on college athletes’ nutrition knowledge and disordered eating attitudes. One hundred and thirteen student athletes attended a 60-minute face to face education session related to sports nutrition and disordered eating, created by a registered dietitian. One hundred and three athletes completed the pre and post surveys to determine nutrition knowledge and disorder eating attitudes. A paired t test determined the sports nutrition knowledge post test scores were higher than the pretest scores (M = 3.92, SE = .86), t (102) = -9.024, p …

Predicting Florida's Extreme Wind Events: A Deep Learning Approach, Irene Josephat Byemerwa

UNF Graduate Theses and Dissertations

Extreme wind events, such as hurricanes and tropical storms, have devastating impacts on infrastructure, economy, and public safety in Florida. Traditional predictive methods, linear regression, logistic regression, and autoregressive integrated moving-average (ARIMA) models have limitations in accounting for non-stationarity and nonlinearity in meteorological data, leading to less accurate predictions. The primary objective of this study is to leverage the capabilities of deep learning algorithms, specifically, Feedforward Neural Networks (FFNNs), to develop a predictive model that outperforms traditional predictive methods in forecasting extreme wind events in Florida. The deep learning model was trained, validated, and tested using historical wind speed data …

Changing Tides: Online Conspiracy Theory Use By Radical Violent Extremist Groups Over Time, William J. Eames Iii

UNF Graduate Theses and Dissertations

Radical violent extremist terrorism is a global issue that has existed for centuries and has been the cause of millions of deaths. Extremist organizations have learned to adapt and survive attempts at legal/military interdictions. One possible major element that allows for the survival of these radicalized organizations is the use of conspiracy theories within their online messages that are used to radicalize and recruit members to their cause. These conspiracy theories tend to elicit two types of messages: a quest for significance or a loss of significance. This study aims to observe how extremist organizations utilize conspiracy theories in their …