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The Constitutional Conundrum: Commerce And The Tenth Amendment, Jennifer Marie Walker Jan 2018

The Constitutional Conundrum: Commerce And The Tenth Amendment, Jennifer Marie Walker

Capstones and Honors Theses

Since the drafting of the United States Constitution, the power of both the federal government and the individual state governments has been a topic of controversy. The Constitution's strong focus on federal powers ultimately threatened to derail ratification. To secure the ratification of the Constitution, a Bill of Rights was added to the document. Comprised of ten amendments, the Bill of Rights generally elaborated on individual rights. The Tenth Amendment, however, dealt more specifically with the federal-state relationship. Several early federal court cases established the federal judiciary's power to answer important Constitutional questions. This power thus granted the federal judiciary …


Joseph Smith's Iowa Quest For Legal Assistance: His Letters To Edward Johnstone And Others On Sunday, June 23, 1844, John W. Welch Jan 2018

Joseph Smith's Iowa Quest For Legal Assistance: His Letters To Edward Johnstone And Others On Sunday, June 23, 1844, John W. Welch

BYU Studies

When Joseph and Hyrum Smith were threatened with arrest on June 22, 1844, they left Nauvoo, Illinois, and went across the Mississippi River in the very early morning hours of Sunday, June 23. As evidenced by the letters and records of that crucial day, Joseph and Hyrum were considering several options that pointed in divergent directions. Recently found sources give new information about a little-known and underestimated purpose for their midnight rowing across the Mississippi River to Montrose, Iowa—namely, to seek and retain the legal assistance of experienced lawyers necessary before submitting to a warrant requiring them to go to …


Cecil B. Demille And David O. Mckay–An Unexpected Friendship, Fred E. Woods Jan 2018

Cecil B. Demille And David O. Mckay–An Unexpected Friendship, Fred E. Woods

BYU Studies

Early in the twentieth century, what should have been a most unlikely friendship curiously evolved into a lifelong amiable relationship between world-renowned filmmaker Cecil B. DeMille and David O. McKay, President of The Church of Jesus Christ of Latter-day Saints. In some ways, the two men were polar opposites. DeMille was an icon in the twentieth-century film industry who directed seventy motion pictures in an illustrious career that spanned over four decades. Dwelling in the midst of “Babylon” (Los Angeles), he was referred to as “Mr. Hollywood.” McKay presided from the heart of Latter-day Saint conservatism, Salt Lake City, dedicated …


Tactical Implementation Of Strategic Guidance During The American Revolutionary War: Pedagogical Application For Classroom Use, Ryan Menath Jan 2018

Tactical Implementation Of Strategic Guidance During The American Revolutionary War: Pedagogical Application For Classroom Use, Ryan Menath

Theses and Dissertations

The United States Air Force Academy is a specialized institution of higher learning dedicated to producing military officers in the U.S. Air Force. Specialized graduation requirements, like a required Military History course, present the opportunity for the implementation of unique pedagogical methodologies. Further, as a technologically forward-looking branch of service designed to control air, space, and cyberspace in a contested environment, the Air Force places a premium on twenty- and twenty-first century military history. Unfortunately, pre-airpower American military history gets overshadowed compared to later conflicts to the point where cadets attending the Air Force Academy get relatively little exposure to …


Criminal Justice, Inc., John Rappaport Jan 2018

Criminal Justice, Inc., John Rappaport

Public Law and Legal Theory Working Papers

In the past decade, major retailers nationwide have begun to employ a private, for-profit system to settle criminal disputes, extracting payment from shoplifting suspects in exchange for a promise not to call the police. This Article examines what retailers’ decisions reveal about our public system of criminal justice and the concerns of the agents who run it, the victims who rely on it, and the suspects whose lives it alters. The private policing of commercial spaces is well known, as is private incarceration of convicted offenders. This Article is the first, however, to document how industry has penetrated new parts …


The Changing Nature Of Death Qualification And Its Interaction With Attitude Salience, Brendan Busch Jan 2018

The Changing Nature Of Death Qualification And Its Interaction With Attitude Salience, Brendan Busch

CMC Senior Theses

Death qualification is a problematic aspect of capital trials, as death qualified jurors have higher conviction rates than non-death qualified jurors. The current study examines whether the death qualification process itself affects juror decision-making via attitude salience effects.

Participants (n=90) recruited from the venire juror pool at the Santa Ana Superior Court were asked to read a trial transcript and decide guilt or innocence and whether they would sentence the defendant to death. Half of the participants were given a survey determining death qualification before they read the trial (making death qualification salient), while the other half were given the …


Iowa's Original Ethanol Debate: The Power Alcohol Movement Of 1933-1934, Jeffrey T. Manuel Jan 2018

Iowa's Original Ethanol Debate: The Power Alcohol Movement Of 1933-1934, Jeffrey T. Manuel

SIUE Faculty Research, Scholarship, and Creative Activity

Describes an important effort to mandate the use of alcohol fuels for motor vehicles in Iowa during the Great Depression. Known the as the power alcohol movement, this was an important early debate in the nation's ethanol or biofuels debate and set important precedents for later energy debates in Iowa and nationwide.


Glycemic Control And Type 1 Diabetes Mellitus: Current Standard Treatment Vs. Closed-Loop Insulin Pumps, Kelsey Daley Jan 2018

Glycemic Control And Type 1 Diabetes Mellitus: Current Standard Treatment Vs. Closed-Loop Insulin Pumps, Kelsey Daley

Physician Assistant Scholarly Project Papers

As of 2015, 9.4% of the US population had a diagnosis of Diabetes Mellitus (DM). Although most of the data sets studied encompass type 1 (T1) and type 2 (T2) DM data in all ages of patients, the focus of this project will be primarily on T1DM patients. A thorough review of the current literature reveals that there are effective methods currently available for the management of T1DM patients. These methods include: closed-loop insulin pumps that integrate a continuous glucose monitor (CGM) and insulin pump into one effective system that calculates the needed insulin doses through complicated algorithms, CGM with …


Strategy Simulation, Student Engagement And Student Perceptions, Rebecca Fleur Schmeller Jan 2018

Strategy Simulation, Student Engagement And Student Perceptions, Rebecca Fleur Schmeller

All-Inclusive List of Electronic Theses and Dissertations

The problem addressed by this study was that it was unknown how Glo-Bus Strategy Simulation student login activity related to simulated company performance. Also, student perceptions about login activity were unknown. The purpose was to use correlation and regression analysis to study relationships between login activity (three predictor independent variables) and simulation scores (seven outcome dependent variables) and then analyze them considering student perceptions about login activity. Knowing the predictor values of each login activity (frequency, duration, reports-opening) could provide guidance to simulation software designers and to simulation faculty. In the literature, there were studies about strategy simulation login activity, …


Diversity Ideology In The Cccu: A Critical Discourse Analysis, Desiree Libengood Jan 2018

Diversity Ideology In The Cccu: A Critical Discourse Analysis, Desiree Libengood

All Electronic Theses and Dissertations

As American demographics shift, it is necessary for institutions of higher education to adapt to the needs of an increasingly diverse student population. Christian colleges and universities have often been criticized for their lack of diversity efforts, and much of the existing research focuses on this deficiency. Some Christian institutions, however, work diligently to increase diversity on their campuses and to support the needs of a diverse student body. In the Council for Christian Colleges and Universities (CCCU), for example, several institutions with high commitment to diversity have received the Racial Harmony Award (RHA). Focusing specifically on racial/ethnic diversity in …


Confrontations With Colonialism: Resistance, Revivalism And Reform Under British Rule In Sri Lanka 1796-1920, Vol 1, C. R. De Silva Jan 2018

Confrontations With Colonialism: Resistance, Revivalism And Reform Under British Rule In Sri Lanka 1796-1920, Vol 1, C. R. De Silva

History Faculty Publications

(First paragraph) In one of the most challenging and thought-provoking history books published in Sri Lanka in the last decade, P. V. J. Jayasekera has used a wide variety of sources to challenge a number of existing interpretations relating to Sri Lanka under British colonial rule in the nineteenth century. While the book is based partly on his own doctoral dissertation completed in 1970, in Jayasekera’s own words “The scope and the foci of the original study have been substantially changed” (p. ix) in view of new theoretical approaches in the study of colonial history and the debates on history …


The Thin Blue Line From Crime To Punishment, Alice Ristroph Jan 2018

The Thin Blue Line From Crime To Punishment, Alice Ristroph

Journal of Criminal Law and Criminology

Criminal law scholarship is marked by a sharp fault line separating substantive criminal law from criminal procedure. Philosophical work focuses almost exclusively on the substantive side of that line, addressing adjudicative procedure (the trial process) rarely and investigative procedure (especially police conduct) almost never. Instead, criminal law theorists devote substantial attention to just two questions: what conduct should be criminal, and why is punishment justified? This essay argues that criminal law theory cannot adequately address these favored subjects—the definition of crime and the justification of punishment—without also addressing the enforcement mechanisms that link crimes to punishments. Specifically, philosophers of criminal …


Fcs 3200 : Historic Costume, Fcs Jan 2018

Fcs 3200 : Historic Costume, Fcs

Approved Course Proposals

No abstract provided.


Prophesy, Public Theology, And Questions Of Justice: Some Modest Reflections, Barry Sullivan Jan 2018

Prophesy, Public Theology, And Questions Of Justice: Some Modest Reflections, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


George Macdonald And Kegan Paul’S “Indian And Colonial Series”, Richard I. Johnson Jan 2018

George Macdonald And Kegan Paul’S “Indian And Colonial Series”, Richard I. Johnson

North Wind: A Journal of George MacDonald Studies

No abstract provided.


Student Engagement In Higher Education: Measuring The Differences In Community Engagement, Stanley S. Ebede Jan 2018

Student Engagement In Higher Education: Measuring The Differences In Community Engagement, Stanley S. Ebede

Dissertations and Theses @ UNI

In U.S. education system, the growing gap in the engagement of various groups and types of students is wider than ever (Darling-Hammond, 2015). Therefore, there is a need to bridge the gap in engagement by ensuring that either personal or social circumstances such as gender, student status, ethnic groups etc. are not obstacles to achieving educational potential in higher education (Williams & Whiting, 2016; Greene, Marti, & McClenney, 2008; McClenney & Marti, 2006). Using both longitudinal and cross-sectional perspectives advocated by Fuller, Wilson and Tobin (2011); Gordon, Ludlum, and Hoey (2008); and Astin and Lee (2003), this study examined students’ …


Exiles In Their Own Land: Japanese Protestant Mission History And Theory In Conversation With Practical Theology, Thomas John Hastings Jan 2018

Exiles In Their Own Land: Japanese Protestant Mission History And Theory In Conversation With Practical Theology, Thomas John Hastings

Yale Divinity Library Occasional Publications

No abstract provided.


John Wesley, Irenaeus, And Christian Mission: Rethinking Western Christian Theology, Howard A. Snyder Jan 2018

John Wesley, Irenaeus, And Christian Mission: Rethinking Western Christian Theology, Howard A. Snyder

The Asbury Journal

John Wesley (1703-1791) was a theologian and practitioner of mission. The theological sophistication of his missiology has never been fully appreciated for three reasons: 1) Wesley seldom used the language of “mission,” 2) he intentionally masked the depth of his learning in the interest of “plain, sound English,” and 3) interpreters assumed that as an evangelist, Wesley could not be taken seriously as theologian. Quite to the contrary, this article shows the depth and sophistication of Wesley’s doctrinal and missiological thinking. Reviewing Western Christian theology from the first century to our day, this article examines the close use of Irenaeus …


Substitutes In Hell: Schemes Of Atonement In The Ezra Apocalypses, Meghan Henning Jan 2018

Substitutes In Hell: Schemes Of Atonement In The Ezra Apocalypses, Meghan Henning

Books and Book Chapters by University of Dayton Faculty

This book is one of the first modern collections of studies on important aspects of the Ezra figure that combines both Jewish and Christian traditions. The volume opens with a study of Ezra in rabbinic literature and continues with four chapters on 4 Ezra, discussing its dimensions of time, future agents and visionary practices as well as reminiscences of 4 Ezra in the Armenian Script of the Lord's Infancy. The following chapters study the relationship of 4, 5 and 6 Ezra, the nature of 5 Ezra and dissimulation strategies in 6 Ezra. The last chapters concentrate on the important discovery …


Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay Jan 2018

Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay

Articles & Book Chapters

Many economic historians agree that increased labour inputs contributed to Britain’s primary industrialisation. Voluntary self-exploitation by workers to purchase new consumer goods is one common explanation, but it sits uneasily with evidence of poverty, child labour, popular protest, and criminal punishments explored by social historians. A critical and neglected legal dimension may be the evolution of contracts of employment. The law of master and servant, to use the technical term, shifted markedly between 1750 and 1850 to advantage capital and disadvantage labour. Medieval in origin, it had always been adjudicated in summary hearings before lay magistrates, and provided penal sanctions …


The Klan's Constitution, Jared Goldstein Jan 2018

The Klan's Constitution, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Modernizing Midwifery: Managing Childbirth In Ontario And The British Isles, 1900–1950, Gwenith Cross Jan 2018

Modernizing Midwifery: Managing Childbirth In Ontario And The British Isles, 1900–1950, Gwenith Cross

Theses and Dissertations (Comprehensive)

This dissertation considers the differences, as well as the similarities, between midwifery and childbirth practices in Ontario and in Britain in the first half of the twentieth century. Addressing the modernization of medical practices on either side of the Atlantic, the periodization of this project reflects the increasing concerns about maternal and infant morbidity and mortality alongside medical and political attempts to ensure the involvement of trained medical professionals during pregnancy and childbirth. In Britain, the establishment of the 1902 Midwives Act regulated midwifery so that only midwives approved by the Central Midwives’ Board were allowed to practice. British midwives …


Bas Bleus, Divorceuses, Deceitful Prostitutes Or “Live Allegories” Of Change? Parisian Working-Class Women And The Revolution Of 1848, Natasha A. Gardonyi Jan 2018

Bas Bleus, Divorceuses, Deceitful Prostitutes Or “Live Allegories” Of Change? Parisian Working-Class Women And The Revolution Of 1848, Natasha A. Gardonyi

Theses and Dissertations (Comprehensive)

This thesis acts as both a history of the roles that Parisian working-class women played as writers, society members and insurgents during the revolutionary year of 1848, and an analysis of why they were vilified in the press as bas-bleus, divorceuses, deceitful prostitutes and more extensively as the individuals responsible for the failure of the revolution. It argues that women became “live allegories” of the changes that Paris was experiencing in the first half of the nineteenth century, particularly when a small minority of women radicalized from late April to June. These women galvanized anxieties that men and the upper …


The Complexity Of Canadian Anti-Communism, 1945-1967, Ian Muller Jan 2018

The Complexity Of Canadian Anti-Communism, 1945-1967, Ian Muller

Theses and Dissertations (Comprehensive)

This dissertation argues that the history of anti-communism in English Canada between 1945 and 1967 is more diverse and complicated than traditionally acknowledged. Often dispersed throughout the scholarship as elements of other Cold War topics, including espionage, state surveillance, and policing, anti-communism is the central subject of this investigation. A series of case studies are used to analyze individual encounters with the state and civic engagement with the domestic threat of communism. The unique politico-cultural approach of this dissertation will bolster Canada’s Cold War historiography by investigating both public and private manifestations of anti-communism.

The intersections of public safety, the …


Yangzhou Latin Tombstones: A Christian Mirror Of Yuan China Society, Mengtian Bai Jan 2018

Yangzhou Latin Tombstones: A Christian Mirror Of Yuan China Society, Mengtian Bai

Honors Papers

In 1950s, two fourteenth-century tombstones with Latin inscriptions were discovered in Yangzhou, China. Both tombstones were made for an Italian merchant family. The tombstones bear Christian iconography such as the Last Judgment, the Virgin and Child and the martyrdom of St. Catherine of Alexandria, while non-western details are represented as well, including the Mongol garments, Chinese furniture and Islamic and Nestorian gravestones. My research considers the dynamic matrices of various religious and ethnic groups, which concomitantly arrived in Yuan China under an overarching control of the Mongol Empire. By valorizing the pictorial language on the tombstones, I will illustrate how …


Shake, Rattle, And Read: An Analysis Of An Adaptation Of A Multisensory Phonics Program’S Impact On The Reading Achievement Of Kindergarten Students, Heather Mascuch Holmes Jan 2018

Shake, Rattle, And Read: An Analysis Of An Adaptation Of A Multisensory Phonics Program’S Impact On The Reading Achievement Of Kindergarten Students, Heather Mascuch Holmes

Theses and Dissertations

This paper describes a problem of practice stemming from the disparity in reading achievement that exists among kindergarten students due to varying life and academic experiences. This action research study investigated the impact of a multisensory instructional program that attempts to improve students’ decoding skills, and therefore, overall reading ability by answering the following question: How does an adaptation of the Project Read Primary Phonics program affect the reading level of kindergarten students as measured by the DRA2+? This study employed an action research methodology, specifically Mertler’s (2014) action research cycle: planning, acting, developing, and reflecting. The planning stage was …


Replicating Paintings, Matteo Ravasio Jan 2018

Replicating Paintings, Matteo Ravasio

Contemporary Aesthetics (Journal Archive)

In this paper, I discuss cases of replication in the visual arts, with particular focus on paintings. In the first part, I focus on painted copies, that is, manual reproductions of paintings created by artists. Painted copies are sometimes used for the purpose of aesthetic education on the original. I explore the relation between the creation of painted copies and their use as aesthetic surrogates of the original artwork and draw a positive conclusion on the aesthetic benefits of replica production by artists. A skeptical conclusion follows regarding the use of such replicas as surrogates for the original painting. The …


Anzus And The Early Cold War: Strategy And Diplomacy Between Australia, New Zealand And The United States, 1945-1956, Andrew Kelly Jan 2018

Anzus And The Early Cold War: Strategy And Diplomacy Between Australia, New Zealand And The United States, 1945-1956, Andrew Kelly

Research outputs 2014 to 2021

The ANZUS Alliance was a defence arrangement between Australia, New Zealand and the United States that shaped international policy in the aftermath of the Second World War and the early stages of the Cold War. Forged by influential individuals and impacting on global events including the Japanese Peace Treaty, the Korean War and the Suez Crisis, the ANZUS Alliance was a crucial factor in the seismic changes that took place in the second half of the twentieth century.

In this compact and accessible study, Andrew Kelly lays out the tensions that underpinned the formation of the Alliance, as each power …


The Utility Of Multidisciplinary Rehabilitation As A Treatment Strategy For Circadian Rhythm And Sleep Disturbances In Premanifest Huntington’S Disease, Danielle Megan Bartlett Jan 2018

The Utility Of Multidisciplinary Rehabilitation As A Treatment Strategy For Circadian Rhythm And Sleep Disturbances In Premanifest Huntington’S Disease, Danielle Megan Bartlett

Theses: Doctorates and Masters

Background: Huntington’s disease (HD) is a rare, neurodegenerative disease caused by an expanded cytosine-adenine-guanine (CAG) sequence in the Huntingtin gene, resulting in the production of an aberrant protein, mutant huntingtin (mHTT). The mHTT protein exhibits a toxic loss and gain in function, leading to degeneration of neurons in the brain. Consequently, the classic triad of motor, cognitive and mood features of the disease develop. Among the earliest features of HD are circadian rhythm and sleep disturbances. These anomalies present many years prior to formal clinical diagnosis of HD and, while it has been postulated that these disturbances arise as a …


Fostering Accountability And Repairing Harm: A Program Evaluation Of Restorative Justice At The University Of Denver, Ryan Smith Jan 2018

Fostering Accountability And Repairing Harm: A Program Evaluation Of Restorative Justice At The University Of Denver, Ryan Smith

Higher Education: Doctoral Research Projects

Restorative Justice is a practice that incorporates harmed parties and the greater community in resolving harm or conflict, the ultimate goal of restorative justice being to make things right. This practice has been used increasingly in student conduct processes on college campuses across the United States. This doctoral research paper serves to evaluate the restorative justice program housed at the University of Denver, which has been using this process since 2012. Utilizing a responsive evaluation framework, the evaluation process consisted of interviews with program stakeholders, university staff and faculty members with a long term interest in the success of the …