Digital Commons Network^™

On The Legality Of Defrauding The Public, Wes Henricksen

Marquette Law Review

Speech used to intentionally mislead others to gain a tangible benefit while causing harm to the one deceived or to others is generally labeled “fraud.” This term is used in both legal and nonlegal contexts. Where speech used to defraud satisfies the elements of a tort or a crime, it becomes “actionable fraud.” Categories of actionable fraud include common law deceit, securities fraud, and wire fraud. But taken together, these laws address harmful dishonesty in an inconsistent manner. While they broadly prohibit deceiving individual victims, they often allow deceiving the public at large. As a result, it is often lawful …

Reform And Removal At The Federal Reserve: Independence, Accountability, And The Separation Of Powers In U.S. Central Banking, Peter Margulies

Marquette Law Review

Separation of powers issues concerning the Federal Reserve System have generated intense debate. Controversy has been acute regarding the system’s provision of for-cause protection from presidential removal for members of the Board of Governors and the absence of the gold standard of presidential appointment or Senate advice and consent for other key officers. This debate has gained traction from the Supreme Court’s recent decisions finding constitutional flaws with removal protections in federal agencies such as the Consumer Financial Protection Bureau and with procedures for appointing and supervising other federal officials.

This Article turns to a novel approach that assesses past …

The Historical Regulation Of Intoxicated Firearms Possession And Carry: A Response To F. Lee Francis’S Armed And Under The Influence: The Second Amendment And The Intoxicant Rule After Bruen, Mark Anthony Frassetto

Marquette Law Review

Recently, the Marquette Law Review published Armed and Under the Influence: The Second Amendment and the Intoxicant Rule After Bruen by Professor F. Lee Francis. In that article, Professor Francis provocatively argues that the Second Amendment protects the right of intoxicated people to carry guns in public. Francis argues that, under the history-focused framework for deciding Second Amendment cases laid out by the Supreme Court in Bruen, there is an insufficient historical tradition to support prohibiting intoxicated people from carrying arms in public. Francis is wrong about the historical tradition. The historical tradition of regulating the intersection of guns and …

Benefits Transparency, Samantha J. Prince

Marquette Law Review

Recently, several states and cities have enacted equal pay laws in a push for pay transparency in job postings to inform and help reduce wage gaps. Some of these laws also require a description of the employee benefits that the company offers. However, none of these laws require a detailed description of said benefits, even though employee benefits on average make up 24% of an employee’s compensation.

Businesses can choose how much to disclose with respect to their benefits and they may even engage in what this author calls “benefits washing”—a practice where companies provide vague or misleading information about …

Encryption Backdoors And The Fourth Amendment, Robert M. White

Marquette Law Review

The National Security Agency (NSA) reportedly paid and pressured technology companies to trick their customers into using vulnerable encryption products. This Article examines whether any of three theories removed the Fourth Amendment’s requirement that this be reasonable. The first is that a challenge to the encryption backdoor might fail for want of a search or seizure. The Article rejects this both because the Amendment reaches some vulnerabilities apart from the searches and seizures they enable and because the creation of this vulnerability was itself a search or seizure. The second is that the role of the technology companies might have …

The Power Of All: Tort In The Age Of Constitution, Cristina Carmody Tilley

Marquette Law Review

Life in a multicultural nation can be fraught. The United States is a case in point, with hostile tension between members of competing identity groups playing out today on streets, in offices, and across the media. Modern Americans assume that bridging race, gender, and class inequity is the stuff of public—constitutional—law. This assumption follows the lead of modern American lawyers, who migrated to this body of law just as historians, sociologists, and economists began to insist that the private law of tort was exclusively concerned with the accidental physical harms inevitable in a modern economy. According to this econostory, tort …

Developing A Leadership Model That Encourages Racial Equity In The Church, Karen J. Beaumont

All Electronic Theses and Dissertations

This project, Developing a Leadership Model that Encourages Racial Equity in the Church, brings the reader to a place of real contemplation over personal quandaries regarding racism in this country, as well as current leadership practice in the Church at large. One of the greatest problems in this country is racism; one of the greatest problems in the Church at large is lack of how to handle racism. People think of the Church as a safe haven where they can feel like they have a “place” in society when everything on the outside of the Church is in chaos. However, …

Augmentative And Alternative Communication For People With Disabilities, Madisen Paulseth

All Electronic Theses and Dissertations

This literature review examines augmentative and alternative communication for people with disabilities. Augmentative and alternative communication (AAC) is an alternative communication method for people with disabilities and communication deficits. Research to seek this information included identifying what augmentative and alternative communication (AAC) systems are available to people with disabilities, how AAC is being implemented into instruction for people with disabilities, and the impacts of AAC for people with disabilities. Results indicated that AAC system preferences, AAC awareness, team collaboration, and AAC instruction and intervention are four significant contributors to AAC user success. These four contributors will help enhance the overall …

Words, Words, Words: Participants Do Not Read Consent Forms In Communication Research, Daria Parfenova, Alina Niftulaeva, Caleb T. Carr

Faculty Publications - Communications

Informed consent is an essential part of conducting human subjects research; but its utility is dependent on participants actually reading the consent forms provided. This research conducted secondary analysis of data (N = 1,283) to assess how long participants spent on the consent forms. Participants spent an average of 35.4 seconds on consent documents: not a nonsignficant amount of time (i.e., different from 0 seconds), but insufficient to read or even skim consent forms. Women spent slightly less time on consent forms. Neither the length nor readability of a consent form predicted time spent reading, and neither readability nor gender …

Physical Activity, Anxiety, Depression, And Coping In Turkish Men And Women During The First Wave Of Covid-19, Bijen Filiz, Funda Coşkun Özyol, Bengü Güven, Ezel Nur Korur, Yılmaz Yüksel, Cavit Işık Yavuz, Kele Ding, Jingzhen Yang, J. Larry Durstine Phd, Facsm, Faacvpr, Fnak, Ming-Kai Chin, Gıyasettin Demirhan

Faculty Publications

A need exists to better understand the relationships between COVID-19, coping behaviors, physical activity and stress, and COVID-19’s impact on way of life. A cross-sectional study design was used to examine adult physical activity, hope, depression, anxiety, and coping status by gender during the COVID-19 pandemic, and to determine the impact of these variables on the coping process. The study also examined the effect of gender on the relation between physical activity and dependent variables. A global survey instrument was used in this study, including 1,400 Turkish adults. This study identified significant gender-based differences regarding physical activity, hope, depression, anxiety, …

Queering The Troubled Tropics In Panx Solajes’ Post-Haiyan Short Films, Ian Harvey A. Claros

Filipino Faculty Publications

This article apprehends a precarious moment when the queer and the tropics coincide to form a new fabric of sensing in this age of climate crisis. Queer and tropics are intimate, not only because both embody their inherent openness and fluidity, but also because each is woven closely by the corollary contradictions that besiege them, such as heteronormativity, capitalism, and environmental degradation. Within such an intersecting framework, this study critically engages with a selection of three works by the queer Filipino filmmaker Panx Solajes who attentively observes the aftermath of Typhoon Haiyan (locally called Yolanda) in the Philippines, a tropical …

Becoming Bridge Citizens: Educating For Social Justice In Conflict-Affected Settings, Stella Mi Cheong Cheong, Rowena Azada-Palacios, Kamille Beye

Philosophy Department Faculty Publications

This study draws on empirical data to fine-tune the theoretical concept, ‘bridging civic identity’, which we propose as an educational aim in conflict-affected settings. We analyse interview data from Liberian respondents and North Korean migrants living in South Korea, using a conceptual framework based on the notions of ‘bridge citizens’ and agency. The analysis reveals the following: (1) that a high sense of agency is related to resourcefulness and fortitude, (2) that identifying oneself as a ‘bridge citizen’ is connected to recognising others as such, and (3) that concrete, large-scale aspirations of social justice for the larger community – and …

2024-2025 Common Data Set - Wright State University Lake Campus, Office Of Institutional Research & Effectiveness, Wright State University, Princeton Review

Common Data Set

The 2024-2025 Common Data Set of Wright State University Dayton Campus from the Princeton Review. It includes data on admissions, student enrollment, faculty, class size, financial aid and other measures, using standard definitions that aid comparisons between schools.

2024-2025 Common Data Set - Wright State University Dayton Campus, Office Of Institutional Research & Effectiveness, Wright State University, Princeton Review

Common Data Set

The 2024-2025 Common Data Set of Wright State University Dayton Campus from the Princeton Review. It includes data on admissions, student enrollment, faculty, class size, financial aid and other measures, using standard definitions that aid comparisons between schools.

Remembering Ada Long, May 20, 1945–February 4, 2024, Jeffrey A. Portnoy, Larry Andrews, Bernice Braid, James J. Clauss, Lisa L. Coleman, Kevin W. Dean, Joan Digby, Linda Frost, Galit Gertsenzon, Devon Graham, Raymond Green, Annmarie Guzy, Jerry Herron, Mimi Killinger, John A. Knox, George Mariz, Mitch Pruitt, La Tanya L. Reese Rogers, Rae Rosenthal, Rusty Rushton, Chris Simon, Michael E. Sloane, Michaela Ruppert Smith, Christopher J. Syrnyk, Maria V. Tarasova, Norm Weiner

Honors in Practice Online Archive

As part of the National Collegiate Honors Council’s collection of essays honoring the life and work of Dr. Ada Long (1945–2024), the authors reflect on the personal and professional impact she has made in the honors experience. See https://youtube.com/live/EwdleBW1Rf8?feature=share to view the entire Celebration of Life that was held June 8, 2024.

The Class Of Injuries Test: A Unifying Proposal To Determining Duty, Proximate Cause, And Superseding Cause In Negligence Claims, Judge Leonard J. Feldman, Julia Doherty

Seattle University Law Review

While there seems to be universal agreement that liability in tort cannot be unlimited, there is widespread disagreement regarding the various tests that courts utilize to limit such liability. We assume here that breach can be proven: the defendant failed to conduct themself in accordance with the salient standard of conduct (for example, failure to exercise reasonable care under all the circumstances). In the ensuing litigation, the court and jury are asked to decide several issues that each limit liability for negligence. Here, we focus on three oft-debated issues: duty, proximate cause, and superseding cause. The tests for each are …

Mystery At Silvery Falls: A Novel Approach To Christian Moral Development: Leader’S Guide, Marlin Miller

Books

No abstract provided.

Mystery At Silvery Falls: A Novel Approach To Christian Moral Development, Marlin Miller

Books

No abstract provided.

2024 Resident Scholar Reflection: Elizabeth Groppe, Elizabeth Groppe

Marian Fellowships and Other Sponsored Research in the Marian Library

One of my favorite places to spend a summer Ohio morning is in our family garden of lavender bee balm and ripening cherry tomatoes. But in the summer of 2024, I deepened my appreciation for gardening in the Marian Library as a Marian Resident Scholar. Each day spent in the reading room, I admired a display of some gorgeous Marian artwork including images of Marian flowers drawn by Brother A. Joseph Barrish, S.M.; a botanical rosary by Katrina Rose Harrington; and a painting of Mary encircled by echinacea and monarch butterflies (inset image) by Ann Marie Coolick and Megan Coonelly. …

Honors As A Changing Neighborhood, Betsy Greenleaf Yarrison

Journal of the National Collegiate Honors Council Online Archive

Honors programs were conceived for traditional-age suburban middle-class majority-culture students who live on campus or nearby and do not hold full-time jobs or have family responsibilities. While the college population of this century is much more diverse and just as academically capable, first-generation students from traditionally marginalized populations see honors communities as unfamiliar, scary, and unwelcoming neighborhoods. Honors programs seek diversity but practice assimilation with exclusionary admissions policies, curricular inflexibility, and an emphasis on place-dependent community building that invites students to come into honors space rather than taking their offerings out to meet them where they are. Lack of funds …

International Honors Neighbors, Mimi Killinger, Abigail Arnold, Abby Bouchard, Katharine Poulin, Gabriella Shetreet, Kailee Soucia

Journal of the National Collegiate Honors Council Online Archive

cohort of five students and one faculty member share ways in which their Bulgarian study abroad experience (2024) built upon an existing international partnership and, in so doing, aligned with the tenets of, and goals for, “neighborhoods” as described by Dr. Ada Long (1945–2024). The authors describe lessons learned through the unique pedagogy and practices of NCHC’s City as Text^®, suggesting that honors may be especially well suited for neighborly international exchange. The authors describe their study abroad experiences as being effective in developing a sense of global citizenship across cultural divides and cultivating an actual sense of …

Building, Dwelling, And Thinking With Ada Long, Lisa L. Coleman

Journal of the National Collegiate Honors Council Online Archive

In response to Dr. Ada Long’s (1945–2024) insistence that political conversation is key to teaching and service, both of which inform each other, the author contemplates the personal impact and evolving cultural import of Martin Heidegger. Using Heidegger’s “Building Dwelling Thinking” (1971) as touchstone, the author reflects on the conception of humans as “near dwellers,” or neighbors who “build” because they “dwell,” and considers the weight this idea carried as a graduate student and again as an instructor of Advanced Composition. The author describes a teaching methodology that used Heidegger’s essay as a lens through which students might view, read, …

“The Direful Spectacle Of The Wrack”: Teaching Against Colonialism Through Shipwrecks And Shakespeare, Sara A. Rich

Journal of the National Collegiate Honors Council Online Archive

It has become increasingly apparent that anti-colonial and anti-racist pedagogies are necessary in higher education classrooms, and honors education as an experimental zone is an ideal place to test ideas that can be taken into the wider university community. Honors professors epitomize the teacher-scholar model, and this paper presents a six-year trajectory of anti-colonial pedagogy coupled with original interdisciplinary research in the social sciences, arts, and humanities. Bringing canonical Shakespeare into conversation with historical shipwrecks and their aftermath, students learn how The Tempest was written at a pivotal point in history, coincidentally situated in the same year as the earliest …

About The Authors [Jnchc (2024) 25(1)]

Journal of the National Collegiate Honors Council Online Archive

About the authors from the Journal of the National Collegiate Honors Council (2024) volume 25, number 1, pages 185-189.

Umbrella Review As A Data Collection Tool: Towards Observation, Analysis, And Empirical Transformation Of Qualitative Drivers Describing Healthcare Workforce Shortage Factors Into Quantitative Data To Support Medical Education Interventions In A Global Challenge., Fabio Galli, Marco Grech

Digital Journal of Clinical Medicine

A healthcare workforce shortage of 18 million is expected by 2030, against a global demand of 80 million, and it is difficult to analyse and monitor the real drivers driving this personnel shortage on a global level. The transformation of qualitative data into quantitative data can be a strategy in this global challenge, that can implement the medical education intervention strategies.

Additions To The Millipede Family Caseyidae Verhoeff, 1909, Iii: Proposal Of The New Subfamily Ochrogrammatinae, New Records Of Vasingtona Irritans (Chamberlin, 1910), Established Species Of Ochrogramma Gardener And Shelley, 1989, A New Species Of Ochrogramma From Washington State, Usa (Diplopoda: Chordeumatida: Striariidea), And Observations On Spermatozoa And Spermatophores, William A. Shear, Paul E. Marek

Insecta Mundi

The genera Ochrogramma Gardner and Shelley, 1989 and Vasingtona Chamberlin, 1941 (Diplopoda: Chordeumatida: Striariidea: Caseyidae) are assigned to the Ochrogrammatinae Shear and Marek, new subfamily. The new subfamily is diagnosed by the broad ventral lamina of the mandibular stipes and extremely long gonapophyses (found in males), the peculiar, elaborately branched processes of the gonopods, and other characters. New records and new SEM illustrations are provided for the species Vasingtona irritans (Chamberlin, 1910), Ochrogramma bentona (Chamberlin, 1952) and Ochrogramma haigi Gardner and Shelley, 1989. The range of O. bentona is extended north from the Columbia River to the Puget …

Journal Of The National Collegiate Honors Council (Spring/Summer 2024) 25(1): Whole Issue

Journal of the National Collegiate Honors Council Online Archive

Journal of the National Collegiate Honors Council (spring/summer 2024), volume 25, issue1.

Forum on Honors as Neighborhood

Contents

Dedication to Suketu P. Bhazar

Guest Editor’s Introduction, Linda Frost

Honors as Neighborhood, Ada Long

Honors as a Changing Neighborhood, Betsy Greenleaf Yarrison

Honors, Equity, and the Difference Principle, Patrick Fazioli

Institutional Neighborhoods and the Stories They Tell, Joyce Olewski Inman

From Individuals to Neighbors: Growth through Embracing Positionality, Joy L. Hart, Andrea Radasanu, Timothy Nichols, Rebecca C. Bott-Knutson, and Jonathan Kotinek

International Honors Neighbors, Mimi Killinger, Abigail Arnold, Abby Bouchard, Katharine Poulin, Gabriella Shetreet, and Kailee Soucia

Neighbors Outside, Inside, and …

The Contracts Word List: Integral Vocabulary For Reading And Writing English Contracts, Elizabeth Hanks, Brett James Hashimoto, Jesse Egbert

Faculty Publications

Both Business English as a Lingua Franca (BELF) and Legal English as a Lingua Franca (LELF) users engage with legal contracts regularly. However, contractual language is notoriously complex, due in part to the vocabulary it contains. To help mitigate the challenges related to learning the vocabulary of contracts, this paper introduces a word list of American English contracts called the ContractsWord List (CWL).We describe the compilation of the Corpus of English Business Contracts (CEBC) that represents six major contract types in 48 million words. The extraction of prevalent and specialized words from the CEBC is described, following validation procedures in …

A Preliminary Investigation Of Adherence To Shell Length Regulations And Adaptive Capacity Of The Turneffe Atoll Queen Conch (Aliger Gigas) Fishery, Belize, Elsa M. K. Brenner, Vincent Sollitto, Vincent Baribeau, Rebecca Branconi, Paul Simonin

Gulf and Caribbean Research

No abstract provided.

A Semester Abroad Discussion Of The Film, Tatianna M. Rice

Senior Honors Theses and Projects

What does a French and Digital Media Production double major do when they study abroad in Paris, France? Create a film, of course. A Semester Abroad follows my various travels during the Fall 2023 semester. In this discussion of my film, I break down the process from my initial research on French cinema, which focused on filmmakers during the French New Wave film movement of the late 1950s to the mid-1960s, to the process of creating this film. Inspired by the vignettes of Dreams directed by Akira Kurosawa, a film I first watched in my Global Cinema course, I created …