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Lessons From History: The Leadership Challenge Of Dr. Martin Luther King, Jr...Why It Matters Today [Part 2], Emilio F. Iodice

The Journal of Values-Based Leadership

No abstract provided.

The "Ways Of Peace" And The "Ways Of Pleasantness": Core Values Of Jewish Law, Hershey H. Friedman, Joshua Krausz

The Journal of Values-Based Leadership

The phrase "the Constitution is not a suicide pact" signifies that during times of crisis, the nation's survival takes precedence over constitutional rights. Similarly, the sages of the Talmud emphasized that "Her [the Torah's] ways are the ways of pleasantness, and all of her paths are peace," underscores that sometimes laws have to be adjusted if they can cause strife and dissension. They used this verse from Proverbs to establish the principles of darchei shalom (the ways of peace) and darchei noam (the ways of pleasantness) to foster a peaceful, harmonious, and pleasant society, often amending biblical laws to maintain …

Why Selecting Leaders Is So Difficult, Doug Knuth, Laura Queen, Cam Caldwell

The Journal of Values-Based Leadership

The focus of this paper is on the importance of understanding the selection and testing process for top-level organizational leaders, managers, and supervisors and identifying the reasons why so many organizations are unsuccessful in selecting people for those critical positions. The paper begins by identifying five major problems that explain why organizations are limited in their ability to select the right people for top level managerial and leadership positions. Citing information from scholars, academic institutions, research organizations, and the Society for Human Resource Management, we identify root causes of “the leader selection problem” and offer eight specific recommendations for addressing …

Creating Trust: A Leadership Priority, Joseph P. Hester

The Journal of Values-Based Leadership

Ethical leadership, although outwardly displayed, is an intrinsic commitment coming from somewhere inside of us, of “the kind imagined,” as Lippman would say, “conceived and understood” within the circumstances of everyday life, and conditioned individually. Here caution needs to be taken for individuality can lead to productivity and creativity or quickly morph into negative and damaging behaviors.

Leadership Ethics As A Political Instrument – Normative Challenges Of Global Chinese Expansion For Western Enterprise Cultures, Elmar Nass

The Journal of Values-Based Leadership

Chinese enterprises with a global focus are emerging as strong competitors in the international market while simultaneously acquiring foreign companies or substantial stakes in them. Distinct leadership paradigms intersect during interactions or within change processes under Chinese influence, significantly impacting goals, strategies, and actions in leadership culture. Chinese businesses are exporting a leadership culture previously unknown in the West. Its ideal follows the large-scale cultural policy of Sinicization, promulgated by state and party leader Xi Jinping. As an ideal model of Sinicized leadership, it is rooted in Sino-Marxist values and infused with Confucian and market-oriented elements. This article deciphers the …

The Ethical Life, Our Social Hope: Unfolding A Leadership Responsibility, Joseph P. Hester

The Journal of Values-Based Leadership

No abstract provided.

Winter/Spring 2025

The Journal of Values-Based Leadership

No abstract provided.

Detecting Compromised Items In Computerized Linear Testing: A Novel Approach Using Autoencoders And Bert, Yiqin Pan, Sandip Sinharay

Chinese/English Journal of Educational Measurement and Evaluation | 教育测量与评估双语期刊

Item compromise is a significant concern in the testing industry. We propose a novel approach for detecting compromised items in computerized linear testing by analyzing response times and scores. Our method consists of three primary components. First, we employ autoencoders, a type of neural network, to model response times and scores, capturing the unique characteristics of each item and examinee. Second, we develop a BERT-based model to analyze examinees’ response patterns, predict expected response times. The characteristic vectors generated by the autoencoders are integrated into the BERT-based model, enhancing its ability to recognize response patterns. Third, an algorithm is designed …

Automated Text Scoring In The Age Of Generative Ai For The Gpu-Poor, Chris M. Ormerod, Alexander Kwako

Chinese/English Journal of Educational Measurement and Evaluation | 教育测量与评估双语期刊

Abstract Current research on generative language models (GLMs) for automated text scoring (ATS) has focused almost exclusively on querying proprietary models via Application Programming Interfaces (APIs). Yet such practices raise issues around transparency and security, and these methods offer little in the way of efficiency or customizability. With the recent proliferation of smaller, open-source models, there is the option to explore GLMs with computers equipped with modest, consumer-grade hardware—that is, for the “GPU poor.” In this study, we analyze the performance and efficiency of open-source, small-scale GLMs for ATS. Results show that GLMs can be fine-tuned to achieve adequate, though …

The Rise Of Artificial Intelligence In Educational Measurement: Opportunities And Ethical Challenges, Okan Bulut, Maggie Beiting-Parrish, Jodi M. Casabianca, Sharon C. Slater, Hong Jiao, Dan Song, Christopher Ormerod, Deborah Gbemisola Fabiyi, Rodica Ivan, Cole Walsh, Oscar Rios, Joshua Wilson, Seyma N. Yildirim-Erbasli, Tarid Wongvorachan, Joyce Xinle Liu, Bin Tan, Polina Morilova

Chinese/English Journal of Educational Measurement and Evaluation | 教育测量与评估双语期刊

The integration of artificial intelligence (AI) in educational measurement has transformed assessment methods, allowing for automated scoring, swift content analysis, and personalized feedback through machine learning and natural language processing. These advancements provide valuable insights into student performance while also enhancing the overall assessment experience. However, the implementation of AI in education also raises significant ethical concerns regarding validity, reliability, transparency, fairness, and equity. Issues such as algorithmic bias and the opacity of AI decision-making processes risk perpetuating inequalities and affecting assessment outcomes. In response, various stakeholders, including educators, policymakers, and testing organizations, have developed guidelines to ensure the ethical …

Representative Marjorie Taylor Greene: Image And Kategoria, Apologia, Antapologia, William L. Benoit, Kevin A. Stein

Speaker & Gavel

Republican Marjorie Taylor Greene was elected as the U.S. Representative from Georgia in November, 2020; her term of office began on January 3, 2021. On that day, Democratic Representative Jahana Hayes denounced Greene for “espousing hateful rhetoric and conspiracy theories about the legitimacy of mass school shootings,” expressing this sentiment in a letter to the Republican leadership in the House which was posted on Twitter. Hayes argued that Greene should not be appointed to the House Committee on Education and Labor. The next day, Representative Greene responded with an apologia on the House floor. This defense in turn prompted Democratic …

My Larry Story: Around The Horn, Susan Collie, Randy Cox, Daniel Cronn-Mills, Joel Hefling, Todd T. Holm, Vicki Karns, James Kimble, Lee Mayfield, Karen (Piercy) Morris, Richard Paine, John Perlich, Judy Santacatarina, Dan Smith, Leah White, David Whitt, David Worth

Speaker & Gavel

This article celebrates the life of Larry Schnoor.

Development, Validation, And Reliability Of A New Instrument Of Observation And Technical Evaluation In Karate Athletes, Filipe Ferreira, Rui Miguel Silva, Georgian Badicu, Jarosław Muracki, Bartłomiej Bogdański, Adam Kawczyński

Baltic Journal of Health and Physical Activity

The present study aims to develop and establish the reliability of the System for the Technical Assessment of Kumite (STAK) in karate. Twenty karate fighters aged between 10 and 22 years, consisting of novice and expert athletes participated in the present study. The reliability process focused on three points: i) analysis and evaluation by experts of the content of the observation instrument; ii) analysis and evaluation by expert evaluators of the athletes' performance in each of the chosen techniques; and iii) reliability of the evaluators' observations. The technical evaluation system in karate evaluated the Mawashi Geri, Ura Mawashi Geri, Kizami …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

Potential Impact Of Artificial Intelligence On Small And Medium Enterprises Innovation In The Eu: A Perspective From Poland, Malgorzata Wilczynska, Alina Walenia, Artur Dabek, Daniel Salabura, Halina Kot

Markets, Globalization & Development Review

The development of small and medium-sized enterprises is a complex process that requires the use of all approaches to achieve success. In this regard, finding opportunities to use artificial intelligence in such companies is of great importance. The study aims to assess how this technology affects the innovation and financial performance of small and medium-sized enterprises. To draw the main conclusions, the implementation of artificial intelligence at Polish enterprises, including in the context of their financial performance, namely the level of return on assets and the level of debt, was analysed. The study showed that the introduction of artificial intelligence …

Review Exploring Sperm Morphological: World Health Organization Vs. Kruger Strict Criteria, Talal Z. Al-Darawsha

Al-Ameed Journal for Medical Research and Health Sciences

Sperm morphology, the study of the size, shape, and appearance of sperm cells, is vital in evaluating male fertility. This assessment has evolved through decades of research, beginning in the 1930s with foundational classification systems by Cary and Moench.

A significant advancement came in the late 1980s with the Kruger strict criteria, which standardized sperm morphology evaluation using high-magnification microscopy and advanced staining, supported by the WHO.

This standardization is crucial in diagnosing male infertility and optimizing treatment strategies. In assisted reproduction technologies like IVF and ICSI, normal sperm morphology is essential for predicting fertilization potential and successful pregnancy outcomes. …

Hanover Insurance Co. V. Hayward: Imposition Of Punitive Damages In Addition To Criminal Sanctions, David P. Silk

Maine Law Review

In Hanover Insurance Co. v. Hayward, the Maine Supreme Judicial Court, sitting as the Law Court, addressed the issue whether punitive damages may be awarded against a defendant who has been criminally convicted for the conduct giving rise to the punitive damages claim. Although it affirmed the superior court's decision not to allow the award of punitive damages, the Law Court concluded that the imposition of criminal sanctions did not by itself bar punitive damages. Instead, the court indicated that criminal punishment is merely one factor to consider in determining whether an award of punitive damages would serve a meaningful …

Hawkes Television, Inc. V. Maine Bureau Of Consumer Credit Protection: A New Loophole In Maine's Consumer Credit Code, Elizabeth S. Pearce

Maine Law Review

The Uniform Consumer Credit Code (U.C.C.C.), enacted in Maine in 1974, is a comprehensive regulatory measure intended to provide "an adequate volume of credit at reasonable cost under conditions fair to both consumers and creditors." Although the Code applies to all consumer credit transactions, consumer credit sales are subject to greater regulation than are consumer leases, and creditors have sought to evade such regulation by characterizing what is in essence a conditional sale as a series of short term renewable leases. The issue in Hawkes Television, Inc. v. Maine Bureau of Consumer Credit Protection (Hawkes TV) was whether such a …

The Status Of Jury Trial Waivers In Maine's District Court, Robert M. Knight

Maine Law Review

The power of a defendant to waive jury trial in state and federal criminal prosecutions has long been recognized. At the same time, when the offense charged is serious, i.e., one which invokes a federal constitutional right to jury trial, the United States Supreme Court has required a careful examination of the validity of such a waiver. The waiver rule applicable in Maine's superior court fully appreciates this strict waiver standard. Exercising its rulemaking authority, however, Maine's Supreme Judicial Court adopted a rule (effective in 1982) for waiver of jury trial in the state's district court which seemingly obscured the …

Boucher V. Maine Employment Security Commission: The Role Of Acceptance In Employment Security Law, Bradley M. Lown

Maine Law Review

The Maine Employment Security Law was enacted in an attempt to limit the serious social consequences of unemployment and to insure individual workers against the distress of involuntary unemployment. Under the law, employees who leave work voluntarily without "good cause" are ineligible for unemployment compensation benefits. Until recently the Maine Supreme Judicial Court had not determined whether a substantial reduction in wages by an employer would constitute good cause to leave work under the "voluntary quit" provision of the law. In Boucher v. Maine Employment Security Commission, however, the Maine Supreme Judicial Court, sitting as the Law Court, determined that …

Backing-Into Internal Revenue Code Section 338, Drew Erik Swenson

Maine Law Review

In recent years there has been an increasing incidence of corporate takeovers. Typically, the takeover begins with a purchasing corporation acquiring a controlling but less than 100% interest in the target corporation. Often, the partial ownership is merely a transitory step toward complete ownership, shortly after which the target is liquidated or merged into what is now the parent corporation. In other instances, the target retains its separate corporate existence within a parent/subsidiary relationship. The choice between termination and continued corporate existence is made only after a careful appraisal of the economic and tax consequences to the parent and the …

State V. Curlew: Assessing The Sufficiency Of Evidence Under The Corpus Delicti Rule, Brett D. Baber

Maine Law Review

In State v. Curlew, the Maine Supreme Judicial Court, sitting as the Law Court, reversed a conviction for unlawful sexual contact. The court predicated reversal upon a reaffirmation of both the substantive aspect and the evidentiary aspect of the corpus delicti rule. The substantive aspect of the corpus delicti rule requires the state "to produce, exclusive of any confession or admission by the defendant, such credible evidence as will create a substantial belief that the crime charged has been committed by some person." The evidentiary aspect of the corpus delicti rule requires proof of the corpus delicti prior to the …

Local Land Use Controls: An Idea Whose Time Has Passed, Orlando E. Delogu

Maine Law Review

The suggestion that local land use control powers are not working well—that they may not be susceptible to modest but useful reforms or modifications and thus ought to be more drastically altered or abandoned altogether—is not new. Beginning nearly twenty years ago with Richard Babcock's publication of The Zoning Game, the literature and case law in the field is rife with express and implied suggestions that too much land use control power has been given to local governments. More recently Professor Jan Krasnowiecki suggested we abolish zoning, and the New Jersey court in its latest Mount Laurel decision underscored the …

A Quarter Of A Century Of Rulemaking With Particular Attention To The Federal Rules Of Criminal Procedure, Frank J. Remington

Maine Law Review

It is a happy coincidence that Edward Thaxter Gignoux completes twenty-five years on the bench at about the same time that the present rulemaking procedures in the federal system reach their twenty-fifth anniversary. In the quarter of a century of the present system for rulemaking there have been three distinguished chairmen of the Standing Committee—the committee to which there is delegated overall responsibility for rulemaking by the Judicial Conference of the United States. The three chairmen are Senior Circuit Judge Albert Maris, generally thought of as the modern "Father" of federal rulemaking, Senior District Judge Rozell Thomson and the present …

Judge Edward T. Gignoux — A Personal Appreciation, Frank M. Coffin

Maine Law Review

Most occasions for encomia about judges occur when the subject has departed the scene of his accomplishments. Happily, the subject of this issue of the Maine Law Review is still with us and likely to be so for a long time. He also happens to measure up precisely to the overused word "paragon." I use it in the original Latin sense of "whetstone," something to sharpen against or to compare oneself with. My thesis is that Judge Gignoux gives observers of any age, but particularly the young, an inspiring role model. This volume is felicitously dedicated. The ever-present problem is …

Ouellette V. Sturm, Ruger & Co. And Jones V. North American Aerodynamics: The Effectiveness Of Maine's Borrowing Statute In Cases Involving Corporations, J. Gordon Scannell Jr.

Maine Law Review

Maine's borrowing statute provides that a person may not bring an action in Maine that has been barred by the laws of another jurisdiction wherein all parties resided. In effect, the statute permits "borrowing" the limitation period of the other jurisdiction. In Ouellette v. Sturm, Ruger & Co., the Maine Supreme Judicial Court, sitting as the Law Court, interpreted the residency requirement of the borrowing statute as it relates to a corporation and held that for purposes of the statute a corporation is a resident of only the state in which it is incorporated. Because of the peculiar wording of …

Deadlocked Juries And The Allen Charge, Karen Pelletier O'Sullivan

Maine Law Review

Juries in cases requiring a unanimous verdict have three alternatives: a guilty verdict, a not guilty verdict, or no verdict for lack of unanimity. Deadlocked juries have long created a problem for efficient judicial administration. Early common law judges carried hung jurors around in oxcarts until a verdict "bounced out." More recent methods of forcing jurors to reach verdicts have included requiring them to deliberate all night and threatening to deprive them of water and heat. A more subtle method of encouraging jurors to reach verdicts is a trial judge's supplemental instruction to deadlocked jurors. A verdict-urging instruction is commonly …

The Government Contract Defense: Should Manufacturer Discretion Preclude Its Availability?, John D. Pelletier

Maine Law Review

The government contract defense developed in cases involving suits against private contractors for damages arising out of the performance of government public works projects. These cases held private contractors immune from liability for damages necessarily incident to the performance of such projects. In several recent cases, manufacturers have been allowed to raise the government contract defense as a bar to liability for injuries caused by design defects in military products supplied to the United States government. In two of these cases, the defense barred liability on behalf of military suppliers who merely executed the government's mandatory design specifications. In subsequent …

United States Ex Rel. Arrow Electronics, Inc. V. G.H. Coffey Co.: Judicial Interpretation Of Timely Notice Under Federal Rule Of Civil Procedure 15(C), Brett Dwight Baber

Maine Law Review

In 1966, the United States Supreme Court amended Federal Rule of Civil Procedure 15(c) to eliminate lower court confusion regarding "relation back" of pleading amendments which sought to change the party against whom the claim was asserted. The Rule, as presently formulated, permits a plaintiff to add or change a party defendant after the statute of limitations has run provided that . . . . While the current Rule is more precise than the pre-1966 Rule in defining when "relation back" is permissible, it has not eliminated the sharp divergence among judicial opinion regarding the proper application of the Rule. …

Restraining The Prosecutor: Restrictions On Threatening Prosecution For Civil Ends, James A. Trowbridge

Maine Law Review

Prosecutors in some cases agree to dismiss criminal charges, admit a defendant to a diversion program, or enter a nolle prosequi in exchange for the defendant signing a waiver of any civil claims against law enforcement agents, governments, or private persons. The practice of a prosecutor bargaining for the release of law enforcement personnel or others from civil liability raises serious questions concerning the independence of the prosecutorial function, the relationship of prosecutors to other legal institutions, and the application of rules of professional responsibility. Generally, courts have been critical of these arrangements. The Model Code of Professional Responsibility (Code) …