Digital Commons Network^™

The Leasehold World, Jeffrey Manns

American University Law Review

The ideal of American fee simple property rests on a popular misconception. Many Americans often think of fee simple property in terms of absolute ownership. In reality, however, fee simple title has many similar features of a “public” leasehold in practice, which has significant implications for understanding the relationship of private property “owners” to the state. The American state, at all levels, effectively serves as a landlord over private property “owners,” mirroring the traditional role of the king in feudal England.

The American Revolution is often framed as a sea change in property rights and individual liberty. But efforts to …

Beyond Marriage: Challenging Marital Prerequisites In State Adoption Laws Through A Constitutional And Child-Centered Lens, Alisha Glass

American University Law Review

Many state adoption laws restrict joint adoptions to married couples, thus excluding unmarried partners who share loving and committed relationships with the children they seek to adopt. These marital prerequisites reflect society’s outdated preference for the nuclear family while conflicting with adoption law’s commitment to the best interests of the child. Nonmarital families experience unequal legal protections based on marital status and geographic location. Building on the Kentucky Supreme Court’s decision in G.G. v. Cabinet for Health & Family Services, this Comment examines the limits of resolving these disparities through statutory interpretation and identifies the constitutional questions that remain …

Application Of The Lancet Commission Criteria For The Diagnosis Of Obesity To A Clinical Trials Population: The Leap Trial, Faith Anne N Heeren, Kathleen R Ruddiman, Courtney Simmons, Brian N White, Byron C Jaeger, Nicholas M Pajewski, Stephanie A Hooker, Deborah B Horn, Katy Martin-Fernandez, Kimberly A Gudzune, Caroline Blackwell Young, Jamy Ard, Kristina Henderson Lewis

Faculty, Staff and Student Publications

Objective: This study aimed to apply The Lancet Diabetes & Endocrinology criteria for diagnosing obesity among clinical trial participants and understand participants' characteristics by obesity status.

Methods: The criteria were operationalized and applied to baseline data from the Long-term Effectiveness of the Anti-obesity medication Phentermine (LEAP) trial (NCT05176626). Excess adiposity, organ and tissue dysfunction, and limitations to daily activities were assessed. We examined differences between participants with "no obesity," "pre-clinical obesity," and "clinical obesity."

Results: Among the 860 participants, 0.8% had no obesity (mean BMI 29.0 kg/m2 [SD 0.6]), 18.7% had pre-clinical obesity (mean BMI 35.2 kg/m2 [SD …

Healthcare Provider Perspectives On A Clinical Decision Tool To Support Individualized Exercise Prescriptions And Discussions For Breast Cancer Survivors, Jinani Jayasekera, Oliver W. A. Wilson, Kaitlyn M. Wojcik, Eleanor M. Kerr, Rachelle Brick, David Berrigan, Jennifer Yeong-Shin Sheng, Takeo Fujii, Kathleen Thomas, Henri K. Parson, Padma Sheila Rajagopal, Richard L. Street Jr.

Department of Medicine Faculty Publications

Purpose: We evaluated healthcare providers' current knowledge, practices, and perspectives on a novel clinical decision tool (beta-version) to facilitate individualized exercise prescriptions and discussions in clinical settings.

Methods: We recruited healthcare providers who had treated or provided care to breast cancer survivors aged >= 35-years in the past 12 months. The participants were presented with a tool to provide individualized exercise recommendations considering women's individual, clinical, and contextual characteristics. Validated and reliable pre-existing instruments were used to survey providers' current knowledge, practices regarding exercise discussions, and perspectives on the beta-version (paper-draft) of the novel tool.

Results: The sample consisted of …

By Design, Roger Allan Ford

American University Law Review

In recent years, scholars and policymakers have increasingly embraced regulation “by design” to address new problems, especially those caused by new technologies. These approaches go by various names, like privacy by design, security by design, even the rule of law by design. Despite the popularity of these approaches, though, describing what goes into regulation “by design” is surprisingly challenging. Different speakers use the term in strikingly different ways, with little consensus about why design is important, how design and new technologies interact, or how design can be harnessed to deliver policy results.

Design exists along multiple dimensions: process versus result, …

Tyranny Of A Feather: Asymmetry In Civil Burdens Of Proof, Thomas O. Main

American University Law Review

Civil litigation suffers from a paradox that is at once self-evident, unfair, and overlooked: the trial process promises equality between plaintiffs and defendants under the preponderance-of-the-evidence standard, even as the pretrial process is skewed dramatically in defendants’ favor. At trial a plaintiff needs only “50% plus a feather” to tip the scales and prevail, reflecting a commitment to equal treatment of the parties. Pretrial, however, the playing field tilts steeply: plaintiffs alone must navigate a procedural gauntlet of motions that impose pleading and production burdens for which defendants face no equivalent. This entrenched asymmetry in pretrial practice has become so …

The Painted Ones’ Fine Line: Batok As A Protectable Form Of Traditional Knowledge Under Trade Secret Jurisprudence, Kathleen M. Dinoso

American University Law Review

For centuries, the ancestral tattooing practice of batok has served not as mere ornamentation but as a visual archive of Indigenous Filipinos’ history and identity. In 2021, a digital creator invited the public to learn batok online for merely fifteen dollars. Soon after, many discovered that the renown instructor, Apo Whang-Od, may not have agreed to take part. The resulting discourse exposed a broader issue: Indigenous customs and creations become increasingly vulnerable to misappropriation and improper commodification as they enter global markets and multimedia platforms. Though this event occurred abroad, it highlights how U.S. law is poorly designed to protect …

A Quantitative Analysis Of Barriers To College Students’ Seasonal Vaccination Intentions And Behaviors, Kelly S. Clemens, John Matkovic

Faculty Publications – Health Sciences

Objective
Vaccination is crucial to college student health, but quantitative analyses of barriers in this population are limited. The present study expands the work of Su and Chen to determine the relative influence of structural, psychological, and social vaccination barriers.

Participants
Participants were 650 students from a large, midwestern university during the 2024 vaccination season.

Methods
Participants were recruited from a college campus and randomized to respond to items assessing their barriers to, intentions to receive, and uptake of the COVID-19 or influenza vaccination.

Results
Structural, psychological, and social barriers were differentially important to vaccinations and to intentions vs. uptake …

Shades Of Stress: Colorism As Minority Stress For Women Of Color, Caitlin M. Mercier, Brea M. Banks, Lourdes D. Concepción Cabán, Michelle Duong

Faculty Publications – Psychology

Women of color often endure indignities shaped by colorism and skin tone discrimination, pressuring them to adhere to racialized beauty ideals (i.e., lighter skin). In response, some women of color may internalize these standards (i.e., through internalized coping and racial self-hatred) which can foster psychological distress. Yet, these associations remain underexplored. Using minority stress theory, in our cross-sectional study we collected online survey data to examine whether internalization and racial self-hatred explained the indirect link between colorist microaggressions and psychological distress among 121 women of color at a Midwestern US historically white institution. Using path analysis, we found support for …

Fishing For Father Relationships: Motivations, Successes, And Barriers To Participating In A Community-Based Program, Jordan A. Arellanes, Kyle Miller, Travis Hicks, Ryan J.S. Liew, Earl Kloppmann

Faculty Publications – Psychology

Fathers who participate in community programs experience a range of positive outcomes, including improved relationships with their children. However, many community programs struggle to gain fathers’ attendance at local events. To counteract this, we utilized Community-Based Action Research in collaboration with local and state agencies to develop a father-specific community program that capitalized on the traditionally masculine parenting activity of fishing. The program educated families on the basics of fishing and then provided them with all the necessary materials. Over the course of three years of data collection, 48 fathers participated in interviews, designed to gain a deeper understanding of …

“I Know How To Identify And Communicate My Needs”: A Qualitative Study Of The Self-Perceived Strengths Of People In Polyamorous Relationships, Alexander K. Tatum, Sharon M. Flicker, Nawar Albarak, Jessi M. Schroeder, Ash Moomaw, Idil Ugurluoglu, Alex Whitman, Alysse Wiggins, Danielle Davis, Robyn Fisher

Faculty Publications – Psychology

Little empirical research has adopted a strength-based approach to examine strategies that help offset challenges (e.g., discrimination, internalized stigma) faced by people in polyamorous relationships. The current qualitative study assessed the self-perceived strengths of 63 US-based, adult participants who reported present or former engagement in at least one polyamorous relationship. Participants' responded to the open-ended question, “What particular characteristics do you have that help you navigate the challenges of polyamory?” A thematic analysis identified strengths across eight broad themes: personality traits, a willingness to challenge mononormative socialization, ability to manage difficult emotions, experiencing compersion and/or low levels of/well-managed jealousy, strong …

The Effects Of A Work-Strengths Affirmation Intervention On Death Anxiety, Begüm Orhan, Margaret M. Nauta

Faculty Publications – Psychology

Meaning Management Theory suggests that engaging with meaning-related resources helps individuals constructively regulate consciously experienced death anxiety. Consistent with that theory, we tested whether a single-session, online work-strengths affirmation intervention reduces college students’ (N = 201) death anxiety. Participants completed baseline measures of death anxiety, meaning in life, and self-esteem. One week later, they were randomly assigned to complete either a work-related strengths reflection exercise or a neutral writing task. We assessed outcomes immediately post-intervention and two weeks later. The intervention did not significantly reduce death anxiety in the full sample. Exploratory analyses showed small, immediate reductions among participants …

Daily Fluctuations In Adolescents’ Political Stress, Jacqueline Cerda-Smith, Sholeh Najafian, Shevaun Neupert, Kelly Lynn Mulvey

Faculty Publications – Psychology

This study explored adolescents' daily political stress during the 2024 US election and how proximal and distal factors shaped stress. Participants completed surveys for 20 consecutive days before, during, and after the election. At baseline, they reported perceptions of peer and family election-related experiences and anticipated election impact. Daily surveys captured their daily political stress and election-related exposure. The final sample included 445 daily observations reported by 36 adolescents (aged 13–18, M = 15.61, SD = 1.23) who were mostly white, female, and Democrats. Participants reported significant daily fluctuations in political stress and greater political stress on days when they …

School Psychologists As Advocates: Addressing Microaggressions Targeting Students In Schools, Brea M. Banks, Lourdes D. Concepcion-Cabas, Farhia A. Osman, Kendell Kelly

Faculty Publications – Psychology

The aim of this conceptual paper surrounds a discussion of school psychologists’ role as advocates who can combat the prevalence of microaggressions in schools. The authors first define microaggressions in the context of Critical Race Theory and discuss the negative impact these transgressions have on students. Advocacy is a foundational role of school psychologists, and combatting microaggressions is one way school psychologists can engage in such efforts. Given the goal of this special issues is to highlight how social justice advocacy can address critical issues in school psychology, we use the NASP Practice Model as a framework to describe how …

Exploring Cultural Values In Alcohol And Other Drug Use Among African Australian Youth: A Qualitative Study, Abraham Kenin, Justine Dandy, Kwadwo Adusei-Asante, Sonam Pelden

Research outputs 2022 to 2026

The heritage cultural values of Sub-Sahara African (SSA) migrants in the Australian sociocultural context could offer insights into understanding the problem of Alcohol and Other Drug (AOD) use among SSA Australian youth. This study explored the conceptualization of SSA cultural values in Australia, and to establish how they relate to AOD use among SSA Australian youth. Utilizing convenience sampling, one-on-one interviews were conducted with a total of 18 SSA Australians. The participants comprised 9 youth (aged 18–30; 4 females, 5 males), and 9 community leaders (aged 35–74; 4 females, 5 males). Based on a reflexive thematic analysis of the data, …

Effect Of Traditional And Cluster Set Structures On Bar Path Kinematics During High-Volume Power Clean Training, Tsuyoshi Nagatani, Shayne Vial, Kristina L. Kendall, Paul Comfort, Jiahao Yang, G. Gregory Haff

Research outputs 2022 to 2026

The aim of this study was to examine the effects of traditional (TRAD) and cluster (CLU) set structures on bar path kinematics during a series of high-volume power clean sets, and compare insights gained from discrete versus waveform analysis. Twenty participants completed TRAD or CLU protocols in a randomised, crossover design. Each protocol involved three sets of nine repetitions at 70% of one-repetition maximum. In CLU sets, a 30-second inter-repetition rest was applied. During TRAD sets, peak velocity declined, and significant (p ≤ 0.05) changes were observed in both vertical and horizontal barbell displacement across repetitions, indicating fatigue-related technical alterations. …

Managing Hybrid Workers And Teams In The Public Sector: From Management By Results To Purposeful Management, Judy Lundy, Uma Jogulu, Helen Taylor, Sue Williamson

Research outputs 2022 to 2026

Purpose – Hybrid working has become “business as usual” in Australian public service (APS) organisations, however, limited guidance exists for managers in this sector. This paper aims to identify the management capabilities currently being used and those required for effective management of public sector hybrid workers. Design/methodology/approach – The research is based on the APS as a case study. The research team collected data from 20 focus groups and interviews with 83 managers and supervisors in the APS to answer: What capabilities are public sector managers using to manage hybrid working teams? What additional capabilities are needed? Findings – Participants …

Gastronomy Tourism Destinations: Developing A Scale To Measure Tourists’ Perceived Attributes, Ganghua Chen, Jingmei Xu, Songshan (Sam) Huang

Research outputs 2022 to 2026

Purpose: This study emphasizes the growing significance of destination attributes in shaping the experiences and behaviours of gastronomy and culinary tourists. Understanding both core and complementary attributes of a gastronomy tourism destination is crucial for its sustainable development. However, there is a lack of a reliable measurement for tourists’ perceived attributes of gastronomy tourism destinations (PAGTD). Therefore, the purpose of this study is to develop a scale to measure tourists’ PAGTD. Design/methodology/approach: The study systematically followed the scale development and validation process, using three samples (Sample 1, n = 200; Sample 2, n = 204; and Sample 3, n = …

It Makes You Nervous When You Start Talking About Racism: Shining Light On Teacher Educators’ Experiences Of Anti-Racist Pedagogy In Australian Teacher Education, Sasha Janes

Research outputs 2022 to 2026

Teacher educators have a significant responsibility in promoting anti-racist pedagogy and guiding preservice teachers to engage in critical self-examination regarding dominant narratives. However, many teacher education programmes fall short of adequately equipping aspiring teachers for diverse classrooms as they often perpetuate a predominantly white system and curricula. Informed by Critical Pedagogy and underpinned by a lens of Culturally Sustaining Pedagogies, this paper discusses the experiences of teacher educators facilitating anti-racist pedagogy within teacher education programmes at Australian universities. Semi-structured interviews were held with 23 experienced teacher educators employed at universities across Australia. Data reveal teacher educators’ efforts to promote anti-racist …

Invisible Innovation: Intellectual Labour On Regional University Campuses In Australia, Merete Schmidt, Lucinda Aberdeen, Colleen Carlon, Robyn Eversole

Research outputs 2022 to 2026

In Australia, regional university campuses occupy a geographically and institutionally peripheral position in a metrocentric higher education system. We argue that the concentration of research funding and capabilities at metropolitan campuses devalues the intellectual labour of academics working on regional university campuses. The authors use collaborative autoethnography to explore a common theme of ‘gap filling’, that is, mobilising scarce resources to create unique solutions for local issues, and draw on Southern Theory to theorise the implications for our work in the location-based power relations of the Australian knowledge production economy. In this context, we utilise Eversole's concept of ‘invisible innovation’ …

Investigating Policy Enactment In Community Sport Coaching: Directions For Future Research, Ben Ives, Dawn Penney, Jimmy O’Gorman, Adam J. Nichol, Paul Potrac, Lee Nelson

Research outputs 2022 to 2026

This article calls for a sophisticated investigation of policy enactment in sport-related environments, with community sport coaching used as an example case. Emphasis is placed on the need for in-depth empirical research into and theorisation of: 1) political skills involved in the enactment of policy; 2) emotion management when enacting policy; 3) performative and fabricated aspects of policy enactment; and 4) impacts of policy enactment for the health and wellbeing of workers. In doing so, this article challenges scholars to move beyond the study of policy actor types and to develop more nuanced understandings of the political, economic, organisational, interpersonal, …

Stakeholder Perceptions Of The Feasibility Of E-Portfolio-Based Assessment Of Physical Literacy In Primary Health And Physical Education, Jaxon Hogan, Dawn Penney, Eibhlish O’Hara, Joseph Scott

Research outputs 2022 to 2026

Background: Physical literacy (PL) is widely acknowledged as an integral component of high-quality physical education programmes. However, what constitutes appropriate assessment of PL remains a contested issue. This study drew on Whitehead’s conceptualisation of PL as a lifelong journey and investigated how primary school teachers can support students’ PL learning through innovative and engaging assessment methods. The study specifically examined the feasibility of using e-portfolios to facilitate quality PL learning and quality assessment in Physical Education (PE), from different stakeholder perspectives. Methods: This interpretive study employed a qualitative design and methods to investigate aspects of feasibility with three purposive participant …

The “Green Persuasion Effect” Of Negative Messages: How And When Message Framing Influences Tourists’ Environmentally Responsible Behavior, Xuehuan He, Chengzhi Ye, Songshan Huang, Lujun Su

Research outputs 2022 to 2026

Tourist activities may harm the environment, making tourists’ environmentally responsible behavior particularly important in tourism research. This research investigates the persuasion effect of message framing in environmental protection reminders on environmentally responsible behavior. Through five studies employing both field and controlled experiments and different measures of environmentally responsible behavior across varied tourism scenarios, we demonstrate that negatively (vs. positively) framed messages more effectively increase environmentally responsible behavior. Specifically, negatively framed messages are more effective in enhancing tourists’ environmental awareness, which triggers more environmentally responsible behavior. Furthermore, we identify social class as a moderator of message framing effectiveness, showing that negatively …

Curriculum Approaches To Strengthening Student Employability And Improving Graduate Outcomes In The Stm Disciplines, Denise Jackson, Michael D. O’Connor

Research outputs 2022 to 2026

In Australia and elsewhere, curriculum improvements are needed to improve the development of Science, Technology and Mathematics (STM) graduates for future work and careers. Several studies document significant STM student attrition, poor graduate preparedness for work, relatively weak employment rates post-graduation, and mismatched expectations of graduate capabilities by employers. The inclusion of work-integrated learning (WIL) activities within curricula can better prepare students for relevant employment by bridging discipline-specific teaching with work practices. Traditionally, access to WIL has been limited for STM Bachelor students and a better understanding of WIL’s benefits and impact is needed to refine and extend STM WIL …

Promoting The Concept Healthy Ageing For Use In Gerontological Health And Social Care Policy And Practice, Claire Donnellan

Research outputs 2022 to 2026

Aims: The concept of healthy or successful ageing dates back to the 1960s, where its goal is more realistic in today's ageing society as a result of effective interventions to control and reduce disability and health risks. The aim of this paper is to outline the importance of defining ageing, the semantics and indicators used, and to identify common challenges for health professionals' understanding and application of a healthy ageing approach in their everyday clinical practice. Design and Methods: This discursive paper demonstrates how realistic ageing indicators are for highlighting the variation and impact of challenges associated with ageing. It …

Relationship Among Sleep Disturbance, Stress, And Suicidal Ideation In Clinical High Risk For Psychosis, Heather M Wastler, Daniel Mamah, Et Al.

2020-Current year OA Pubs

BACKGROUND AND HYPOTHESIS: Sleep disturbance is a well-established risk factor for suicide, though few studies to date have examined whether sleep disturbance contributes to suicide risk among individuals at clinical high risk for psychosis (CHR). The current study addressed this gap in the literature. We hypothesized that sleep disturbance would have a unique relationship with suicidal ideation/attempts when accounting for other variables in the model. We also hypothesized that the interaction between sleep disturbance/attenuated positive symptoms and sleep disturbance/stress would be related to suicidal ideation/attempts in CHR.

STUDY DESIGN: The current study used data generated by the Accelerating Medicines Partnership® …

Sustainable Development And Faith, Tony Kealy

Research Outputs: 2025-Present

The contribution of faith-based input to the broader idea of sustainable development has not been widely acknowledged in the traditional sense; however, recent global events suggest it may warrant further exploration. This qualitative study examines how faith-based activities, such as missionary work, have historically and can continue to contribute significantly to the environmental, economic, and human/social aspects of organizational decision-making. The focus is on the Catholic faith, specifically the role played by the Irish-based Medical Missionaries of Mary religious congregation in the mid-to-late twentieth century. An initial literature review was conducted to gather information from various sources to define sustainable …

Artificial Intelligence Adoption Among Future Journalism And Mass Communications Professionals: A Tam-Based Approach To Students’ Generative Ai Adoption Intent, Chinwendu P. Akalonu

Journal of Communication Pedagogy

As artificial intelligence (AI) reshapes industries, journalism and mass communications professions are slowly adapting to these technologies. This study employs the Technology Acceptance Model (TAM) and AI-TAM frameworks to examine predictors of AI adoption intent among college students preparing for careers in the field. Survey results reveal that perceived usefulness, trust in AI output quality, organizational requirement, ethical awareness, and certain sociodemographic factors such as race predict AI adoption intent. Additionally, the study highlights differences in adoption intent among students in different subfields of mass communication, including journalism, advertising, and public relations. It underscores the importance of expanding traditional TAM-based …

Community Attitudes Towards Voluntary Assisted Dying: Beyond Endorsed Eligibilities, Eyal Gringart, Craig Phillips, Deirdre Drake

Research outputs 2022 to 2026

Voluntary assisted dying (VAD) has been established across seven of Australia’s eight states and territories, yet empirical research on public attitudes remains limited. The current study examined Australians’ attitudes towards VAD. A cross-sectional online survey assessed affective, behavioural, and cognitive components, as well as overall attitudes, with 704 Australian adults. Attitudes were broadly supportive of VAD but conditional. Most participants endorsed end-of-life choices, legalisation of VAD, and access to VAD in cases of physical illness, and opposed availability for those with mental illness, and existential suffering. Participants with religious affiliations held significantly less favourable attitudes. Females and those with experience …

Commission Pathways For Sexual Offences Against Children: A Novel Methodological Approach Exposing Distinct Pathways As A Function Of Offending History, Kelly Jackson, Raphaële Arlettaz, Alfred Allan, Joseph Clare, Frank Morgan, Hilde Tubex

Research outputs 2022 to 2026

Purpose: Using neural network analysis, we examined how specific dispositional and situational factors influence pathways for the commission of sexual offending against children. Use of non-linear multifactorial models is still developing in psychological and criminological research, making this a unique contribution to these fields.

Method: We used prior offence status as the outcome variable in a multi-stage analytical strategy that included chi-squared analysis, sequential binary regression and neural network modelling. Subjects came from a database containing pre-collected psychological and criminological information on Western Australian men who had sexually offended. An initial sample of offenders convicted of sexual offences against children …