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An Arbitrary Aesthetic: Cultural Reproduction And Hegemonic Canonical Formations In The Western Theatrical Academy, Sim C. Rivers

Theses and Dissertations

Theatre as an artistic practice has often been celebrated as an art of and for the people, being a modality that in theory the common person has access to learn, explore and experience. In recent years I have become preoccupied with the growing rarification and privileging of this art form, particularly in how it is cognized and taught in the academic world. As such, I set out to investigate the mechanisms at work at levels structural, artistic, and personal that determine how theatre is taught and understood within the western academy.

This thesis seeks to examine and unpack the perceived …

"Always A Rocky And Rippling Stream": The Penobscot River And War, 1604-1869, Mary Moody Mclean

Theses and Dissertations

This paper broadly examines how rivers can be used as a pawn in war and, more specifically, how the Penobscot River, located in Penobscot County, Maine, influenced significant battles in America and the fabric of the developing nation due to its geographical location and geological development. This analysis focuses on one critical aspect of the Penobscot River that motivated attacks: the fur, fish and lumber trades, all of which were established due to the proximity of the coast and how the land developed during the Holocene era.

My thesis illustrates how North Americans, British and French used the Penobscot River …

The Five Senses: Fundamentals In Acting Training, Landon A. Nagel

Theses and Dissertations

ABSTRACT

THE FIVE SENSES: FUNDAMENTALS IN ACTING TRAINING

A thesis submitted in partial fulfillment of the requirements for the degree of MFA Theatre Pedagogy at Virginia Commonwealth University

by

LANDON NAGEL

Thesis Chair: Aaron Anderson, PH.D.

Theatre Graduate Program Director, Department of Theatre

The following is presented as a tool for new acting teachers, students and potentially parents. It identifies and explores the fundamental lessons that I believe are necessary inside a beginning acting studio, inspired by that which I believe is necessary when raising a young child. Rather than focusing on one particular technique, system or method - I …

Motivations And Conflicts In Prison Medical Contracting, Meagan D. Sok

Theses and Dissertations

State correctional departments are responsible for all medical care incarcerated individuals require. Many systems outsource their medical

State correctional departments are responsible for all medical care incarcerated individuals require. Many systems outsource their medical program. Literature indicates that many of these contracts experience significant issues that negatively impact state resources, including both personnel and money.

This dissertation explores the relationship between prison administrators' motivations and the structure, outcomes, efficiencies, and partner conflicts that arise in the contractual process. Using a framework developed from Incomplete Contract Theory, Contracts as Reference Points Theory and the concept of “essential tension,” this dissertation hypothesizes …

Refashioning Style From The Outside-In: A Pakistani Diasporic Response, Sidra Sohail Khawaja

Theses and Dissertations

Pakistan’s traditionalists and modernists hold opposing political, religious, social and nationalist views creating a constant tension within the culture. This tension creates a fashion industry with two extremes, one side reflecting traditional influences and the other reflecting western trends. I address the tension by analysing the craft and context of traditional Pakistani men’s clothing and incorporating traditional construction techniques into garments that reflect aspects of both points of view. In a series of five looks, I extract from influences like Persian, North Indian, Afghani, Colonial and Neo-Colonial, to generate hybridized garments that offer a new perspective, blending traditional elements with …

Nonhuman Animals And Hope: Kazuo Ishiguro’S Never Let Me Go And Philip K. Dick’S Do Androids Dream Of Electric Sheep?, David P. Rando

English Faculty Research

What can critical animal studies learn by temporarily directing attention away from representations of nonhuman animals in literature? Kazuo Ishiguro's Never Let Me Go and Philip K. Dick's Do Androids Dream of Electric Sheep? allow readers to experience the hopes of engineered or artificial nonhuman creatures. Without presuming to know the unknowable or to make the animal speak, these novels help to further animal liberation discourses by democratizing the ostensibly human concept of hope, opening new paths of empathy between nonhuman and human animals while making it harder to accept the instrumentalization of nonhuman animals under anthropocentric capitalism.

Entire Issue Vol. 16 No. 27

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Demonstrating Law Library Value Through Mission-Centered Assessment, Amanda Watson, Amanda Karel, Amanda Runyon, Leslie Street

Library Staff Publications

This article presents a history of evaluation in U.S. academic law libraries, shares survey results about our collective professional mindset, and offers practical steps for law libraries that are ready to abandon a pervasive culture of evaluation.

Executive Functions Predict The Trajectories Of Rumination In Middle-Aged And Older Adults: A Latent Growth Curve Analysis, Gilaine Rui Ng, Wee Qin Ng, Hwajin Yang

Research Collection School of Social Sciences

Previous studies suggest that executive functions (EF)—a set of domain-general cognitive control processes that contribute to the regulation of emotion—are generally associated with ruminative tendencies. However, there is a dearth of research that examines how EF influences changes in rumination over time, especially in middle-aged and older adults who typically experience a decline in EF. To fill this gap in the literature, we analyzed a large-scale combined dataset from the MIDUS Refresher, Daily Diary, and Cognitive Projects. We examined the impact of EF on the trajectory of rumination across 8 days using latent growth curve analysis. We also examined age …

Older Adults With Sensory Impairment Living In Long-Term Care: Implications For Nursing Practice, Marinn E. Smith

Student Works

Purpose: This paper is to synthesizes evidence from a literature review and information from experts in sensory impairment. Evidence-based recommendations were compiled to improve nursing care of older adults in long-term care settings who are living with sensory impairments.

Background: The terms “vision Impairment” (VI) and “hearing loss” (HL) describe difficulty in accomplishing activities of daily living (ADL’S), instrumental activities of daily living (IADL’s) or other functions because of the inability to see or hear well. VI and HL are highly prevalent among older adults and are increasing as the population ages. 25% of adults age 80 and older experience …

"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff, Paula Hannaford-Agor

Faculty Publications

The legal, political, and organizational environment in which judges and court staff work affects their performance in significant ways. To ensure that researchers control for these effects, it is critical that they take sufficient time in the research design phase to identify relevant factors that might complicate their analyses or distort the interpretation of research findings. This article highlights common challenges of multijurisdictional research, including inconsistent use of terminology, differing organizational structures and procedures, and exogenous factors such as court governance, policymaking authority, funding, and local court culture. It also offers guidance to researchers on identifying and integrating these factors …

Never Too Young: The Existence, Impact, And Sustainability Of Ethnic Studies In Elementary School, Angela R. Guzmán

Dissertations

Ethnic Studies has existed in higher education for more than fifty years. In high school, critical education researchers have recognized Ethnic Studies as vital to improving attendance, lowering suspension rates, and boosting GPAs for BIPOC students. This has given rise to the recent K-12 Ethnic Studies model curriculum adoption by the State Board of Education, and the signing of Assembly Bill 101, making California the first state to require that all high school students complete a semester-long course in Ethnic Studies. Regrettably, Ethnic Studies continues to be mostly limited to higher education and grades 9-12 in public schools despite research …

Cultivating Parental Participation And Community Engagement Through Building A Culinary Garden And Teaching Kitchen: Latinx Perspectives On Parental Participation In A Community School, Jaclynne Michelle Medina

Dissertations

This study researched how a school could increase parental participation and community engagement while building a new Culinary Garden and Teaching Kitchen project. This engagement was foundational for expanding parental participation opportunities and further developing the community school. The study explored ways to balance power relationships between the home and school to develop an implementation plan that better reflects the community being served. Theoretical lenses such as CRT and LatCrit were the basis for centering the voices of Latinx families and valuing their various forms of capital consistent with the Community Cultural Model. Participants influenced the design of the garden …

When Minsky And Godley Met The Dependentistas: The Currency Hierarchy In A Stock-Flow Consistent Model, Nitin Nair Ms

Theses - Graduate Programs in Economic Theory and Policy

Underdevelopment often is conceived as being reproduced domestically. This thesis emphasizes the international forces that enable the persistence of underdevelopment. The first part of this thesis lays out a liquidity approach to underdevelopment which suggests that failure to create capacity arises from the asymmetries of international financial relationships. The second part of this thesis investigates a specific financial asymmetry, the currency hierarchy. We point out that the uncovered interest rate parity and the divergence from it are necessary conditions for the emergence of the currency hierarchy. Using ratios from the balance sheet of the currency issuer, we propose a quantification …

Sport Celebrities’ Covid-19 Prevention On Social Media: The Effect Of Credibility, Social Distance, Identification, And Message’S Power Style On Health Behavioral Intentions, Kyu-Soo Chung, Chad Goebert

Faculty Articles

During the COVID-19 outbreak, there emerged on social media an active cohort of sport celebrities, promoting through their messages virus-prevention behaviors. The study tested how people’s intentions to adopt COVID-19 prevention practices were affected by their perceived credibility of sport celebrities, perceived social distance of sport celebrities, and identification with sport celebrities. The study also tested how the message’s power style moderated those relations. The researchers selected four sport celebrities who were active on social media and applied powerful and powerless linguistic styles in developing their social media messages. College students (N = 284) were randomly exposed to one of …

The Ali Principles Of The Law Of Family Dissolution: Addressing Inequality Through Functional Regulation, Linda C. Mcclain, Douglas Nejamie

Faculty Scholarship

As part of a volume commemorating the American Law Institute on its centennial, this Essay reflects on the ALI Principles of the Law of Family Dissolution. We show how the Principles’ drafters intervened in cutting-edge issues at a time of flux in family law in ways that elaborated a progressive agenda that would continue to gain traction in the years after the Principles’ publication in 2000. Beginning from the assumption that family law should reflect how people actually live, the drafters developed a functional, rather than formal, approach to legal regulation. Such an approach, they believed, could vindicate commitments to …

Character Evidence As A Conduit For Implicit Bias, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

The Federal Rules of Evidence purport to prohibit character evidence, or evidence regarding a defendant’s past bad acts or propensities offered to suggest that the defendant acted in accordance with a certain character trait on the occasion in question. However, courts regularly admit character evidence through an expanding set of legislative and judicial exceptions that have all but swallowed the rule. In the usual narrative, character evidence is problematic because jurors place excessive weight on it or punish the defendant for past behavior. Lawmakers rely on this narrative when they create exceptions. However, this account arguably misses a highly troublesome …

Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Work at the intersection of Artificial Intelligence systems (AI systems) and criminal justice suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, researchers, lawmakers, software developers, engineers, judges, and the public all talk past each other, using the same words but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal inherent value conflicts embedded in definitional differences and debates. Doing so offers a tool for reconciling specific linguistic ambiguities before they are embedded in …

The Winding Path Toward Gender Equality And The Advocates And Scholars Who Forged It, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

At its broadest, “feminist legal thought” describes the effort across generations to secure equality for women through law. The ideas that have emerged from this work can be loosely typed as “equality theories,” and the statutes, constitutional interpretations, and doctrines they inform can be tied together under the heading of “gender law.”

Charging Time, Pamela R. Metzger, Janet C. Hoeffel

Faculty Journal Articles and Book Chapters

On the verge of his 1,000th day in an El Paso, Texas jail, Robert Antonio Castillo was still waiting for a prosecutor to formally charge him with a crime. Mr. Castillo is one of thousands of people across the country who are arrested and jailed for weeks, months, and even years without charges. In one year in New Orleans, 275 people each spent an average of 115 days in jail only to have the prosecution decline all charges against them. Together, these men and women spent 31,625 days in one of the nation’s most dangerous jails, with no compensation for …

The Dead End Of Animus Doctrine, Dale Carpenter

Faculty Journal Articles and Book Chapters

Hatred is as old as our civilization. So is the moral principle that one should not hate others and should not act on such hatred. Concerns that an angry or fearful majority might nevertheless treat people maliciously were present both at the beginning of our constitutional Republic and in its most divided epoch. The very structure of our government—dividing and separating powers—and our most hallowed egalitarian principle—Equal Protection of the Laws—were seen as safeguards against decisions driven by a “bare . . . desire to harm.” Such decisions are blasphemy in our legal heritage. Half a century ago, the Supreme …

Originalism-By-Analogy And Second Amendment Adjudication, Joseph Blocher, Eric Ruben

Faculty Journal Articles and Book Chapters

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court held that the constitutionality of modern gun laws must be evaluated by direct analogy to history, unmediated by familiar doctrinal tests. Bruen’s novel approach to historical decision-making purported to constrain judicial discretion but instead enabled judicial subjectivity, obfuscation, and unpredictability. Those problems are painfully evident in courts’ faltering efforts to apply Bruen to laws regulating 3D-printed guns, assault weapons, large-capacity magazines, obliterated serial numbers, and the possession of guns on subways or by people subject to domestic-violence restraining orders. The Court’s recent grant of certiorari in United …

Harnessing The Collective Power Of Retail Investors, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Journal Articles and Book Chapters

This book chapter, forthcoming in A Research Agenda for Corporate Law (Christopher M. Bruner & Marc Moore, eds.) (Edward Elgar Publishing), suggests a path forward to harness the collective power of new generations of retail investors. Since 2020, new retail investors have been flooding the securities markets, opening a record-breaking number of new brokerage accounts. The overwhelming majority of these new retail investors are Millennials and GenZ’ers. Due to their increasing fiscal power as well as their generational characteristics and affinities, these new generations of retail investors can shift paradigms in corporate governance and in the relation between business corporations …

The Federal Circuit And The Patent Trial And Appeal Board, David O. Taylor

Faculty Journal Articles and Book Chapters

The U.S. Court of Appeals for the Federal Circuit holds a unique and powerful position in the patent system. It exercises exclusive jurisdiction over appeals in patent cases, which, short of Supreme Court intervention, empowers the court to set national patent law. But since passage of the America Invents Act, at least with respect to resolving often multimillion dollar disputes over patent validity, there is another, more powerful government institution: the Patent Trial and Appeal Board. Given its significant new power over disputes regarding patent validity, the Patent Trial and Appeal Board has been the subject of numerous disputes resolved …

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

Faculty Journal Articles and Book Chapters

The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95 percent of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors – who control plea terms – as the decider of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.

After reviewing the empirical literature on sentence variation, state and federal …

The Incongruence Principle Of Evidence, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.

In this article, I draw on fields outside of law - including Bayesian inference and cognitive psychology - to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make …

Cloud Seeding, Wildfire Smoke Emissions, And Solar Geoengineering: Why Is Climate Modification Unregulated?, Karen Bradshaw, Monika U. Ehrman

Faculty Journal Articles and Book Chapters

This Article is the first to identify that companies and agencies systemically modify climatic airspaces through wildfire smoke emissions, weather modification (cloud seeding to cause rain), and solar geoengineering. Climate modification is not a conspiracy theory or a hypothetical: it is happening, and it is changing weather patterns. Yet, climate modification is almost wholly unregulated. Further, it is also not recorded or tracked in systemic ways. That is to say, even government agencies do not have comprehensive records of whether; how often; or how much climate modification is occurring. The data is simply not gathered, aggregated, or stored. As a …

The Most Important Decision In Federal Securities Law - Texas Gulf Sulphur, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

Although decided 55 years ago, the Second Circuit’s decision in Texas Gulf Sulphur may be viewed as the most important case under the U.S. securities laws. The decision addressed several landmark issues, including insider trading, company disclosure obligations, and the concept of materiality. Although a number of its rulings subsequently were rejected by the U.S. Supreme Court, others remain good law today. From a comparative perspective, Texas Gulf Sulphur also is a significant decision. Many of the principles enunciated by the Second Circuit in that decision today have been adopted by developed securities markets outside of the United States.

The Credibility Effect: Defamation Law And Audiences, Yonathan A. Arbel

Articles

What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on …

Crying Wolf: Neo-Patriots, Critical Race Theory, And The Constitutional Protection Of "Dangerous" Ideas, Bryan K. Fair

Articles

Most Americans do not realize that, notwithstanding the First Amendment's free speech guarantee, for most of our nation's history, judges sent men and women to prison for expressing ideas considered too "dangerous." It was not until the late 1960s that the Supreme Court rejected the clear and present danger doctrine, insisting that statutes banning speech must draw a distinction between advocacy of ideas and advocacy of imminent lawless action. The Court held that under that constitutional norm, the government could not send a Klansman to prison for expressing racist, anti-Semitic, or otherwise dangerous or offensive ideas. Since then, banning the …