Digital Commons Network^™

Command And Control: Operationalizing The Unitary Executive, Gary Lawson

Fordham Law Review

The concept of the unitary executive is written into the Constitution by virtue of Article II’s vesting of the “executive Power” in the President and not in executive officers created by Congress. Defenders and opponents alike of the “unitary executive” often equate the idea of presidential control of executive action with the power to remove executive personnel. But an unlimitable presidential removal power cannot be derived from the vesting of executive power in the President for the simple reason that it would not actually result in full presidential control of executive action, as the actions of now-fired subordinates would still …

Interpleader As A Vehicle For Challenging The Constitutionality Of Private Citizen Action Statutes, Delia Parker

Fordham Law Review

The rise of vigilante-esque statutes creates obstacles for litigants seeking to challenge a statute’s constitutionality. State legislatures in Texas and California enacted laws regulating constitutionally protected activity (abortion and firearm possession, respectively) through statutes enforced solely by private actors. The state legislatures cleverly crafted Texas S.B. 8, as well as other copycat statutes, as bounty hunter statutes to block litigants’ usual path to pre-enforcement adjudication—filing a claim against the state to enjoin its actors from enforcing the improper provisions.

The Texas and California state legislatures attempted to forbid constitutionally protected conduct by granting enforcement power to an infinite number of …

‘We Are People Of The Islands’: Translocal Belonging Among The Ethnic Chinese Of The Riau Islands, Charlotte Setijadi

Research Collection School of Social Sciences

The Riau Islands Chinese are an anomaly in the study of Chinese Indonesians. For one, while many of their ethnic Chinese counterparts in other parts of Indonesia can no longer speak Chinese due to the New Order regime’s assimilation policy, Chinese languages are alive and well in the Riau Islands. Based on ethnographic fieldwork conducted in 2017–2018, this paper seeks to understand the Riau Islands Chinese’s cultural resilience and sense of belonging as a borderland ethnic minority. I argue that long-standing inter-Island and cross-border mobilities and cultural flows with Singapore have been central to the maintenance of Riau Islands Chinese …

Eye Of The Tiger: Does Cultural Mismatch Affect The Evaluation Of Graduate Program Brochures?, Roshonda Bissainthe

UNF Graduate Theses and Dissertations

Although first-generation college students (FGCS) are enrolling in graduate school at the same rate as continuing-generation students (CGCS), they are earning their degrees significantly slower or not at all. We add to the growing literature by examining whether the independent culture encouraged at many American universities clashes with the interdependent culture of FGCS. We hypothesized that when participants are randomly assigned to read an independently focused brochure, FGCS compared with CGCS will report a lower tendency to seek college resources, self-efficacy, and persistence. FGCS and CGCS read an independent or interdependent focused ecopsychology graduate program brochure and indicated their self-efficacy …

An Establishment Clause Eulogy: The Rise And Fall Of The Status/Use Distinction, Leo O'Malley

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Right Defined By A Duty: The Original Understanding Of Parental Rights, Luray Buckner

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Educator Perceptions Of Giftedness In Florida, Casey Leone

UNF Graduate Theses and Dissertations

Educators, including teachers and administrators, have a responsibility to increase knowledge and achievement for all students. Gifted students who demonstrate increased abilities and proficiencies are often given less attention as schools continue to increase their focus on the lower quartile of students. To address this need, gifted programs are implemented to foster excellence in identified students. However, educational policies pertaining to identification and qualifications for gifted programs can serve as gatekeepers denying students that could potentially benefit from rigorous and enriching programs. In this quantitative study, the perceptions of educators in Florida towards gifted policy were explored through a series …

The Role Of The United States In Advancing Democracy In Developing Countries: The Case Of Bangladesh, 2008-2020, Abdul Halim

UNF Graduate Theses and Dissertations

The United States has been working in close collaboration with the government of Bangladesh (GoB) to promote democratic norms and practices in the country. Over the past five decades, various US agencies have provided about $8 billion in foreign aid to Bangladesh (U.S. Department of State, 2022) with a significant percentage of these funds devoted to promoting democratic governance in the recipient nation. This study seeks to investigate the impact of US aid on democratization in Bangladesh from 2008 to 2020. Utilizing bi-variate statistical models, this essay analyzes four distinct measures of US-funded projects that directly promote democracy and their …

Teaching Black Elementary Students: The Influence Of Experiences And Teacher Preparation For Pwi And Hbcu Interns On Their Understanding Of And Self-Efficacy For Culturally Responsive Teaching, Jeania N. Jones

UNF Graduate Theses and Dissertations

Teacher preparation program agendas include culturally responsive teaching (CRT) due to the student diversity in modern elementary classrooms. Overwhelmingly, White, middle-class English-speaking women who may not completely understand their students' cultural backgrounds are teachers in those culturally diverse classrooms. In schools where Eurocentric values, assumptions, beliefs, and methodologies are being taught, many students of color are not performing well academically. Black teachers and teachers with a good understanding of students' cultural experiences and backgrounds have higher expectations and counter the racial stereotypes about Black students. This multiple case study examined how two teacher interns understand Culturally Responsive Teaching (CRT) and …

Is Idaho English Really “The Epitome Of Average English”?, Joseph A. Stanley, Katrina Jackson

Faculty Publications

“Epitome of Average English”?

Preston (1989:64–65) chapter 3: “Where they speak correct English”

• Indianans ranked all 50 states’ English from most correct to least correct
• Mississippi’s ratings clustered low.
• Indiana’s ratings clustered high
• New York’s was bimodal.
• Florida’s was uniform.
• Idaho’s was normally distributed, centered around the middle.

“Idaho… [shows] a remarkably normal histogram… It is, apparently, the epitome of average English for these raters. Perhaps it is a least-caricatured state, meeting the negative definition of Standard English – the variety which displays no known non-standard elements.”

The Death Of The Legal Subject, Katrina Geddes

Vanderbilt Law School Faculty Publications

The law is often engaged in prediction. In the calculation of tort damages, for example, a judge will consider what the tort victim’s likely future earnings would have been, but for their particular injury. Similarly, when considering injunctive relief, a judge will assess whether the plaintiff is likely to suffer irreparable harm if a preliminary injunction is not granted. And for the purposes of a child custody evaluation, a judge will consider which parent will provide an environment that is in the best interests of the child.

Relative to other areas of law, criminal law is oversaturated with prediction. Almost …

Genome-Wide Mendelian Randomization Identifies Putatively Causal Gut Microbiota For Multiple Peptic Ulcer Diseases, Jingwei Zhao, Yucheng Hou, Tianyi Xie, Yizhang Zhu, Xinyi Feng, Yong Zhang, Ziyi Yang, Wei Gong

Faculty, Staff and Student Publications

OBJECTIVE: The pathogenesis of peptic ulcer diseases (PUDs) involves multiple factors, and the contribution of gut microbiota to this process remains unclear. While previous studies have associated gut microbiota with peptic ulcers, the precise nature of the relationship, whether causal or influenced by biases, requires further elucidation.

DESIGN: The largest meta-analysis of genome-wide association studies was conducted by the MiBioGen consortium, which provided the summary statistics of gut microbiota for implementation in the Mendelian randomization (MR) analysis. Summary statistics for five types of PUDs were compiled using the FinnGen Consortium R8 release data. Various statistical techniques, including inverse variance weighting …

Resilience In Early Second Career Stem Teachers Employed In Public Secondary Schools, Donald Selway

Theses and Dissertations

A troubling shortage of K-12 Science, Technology, Engineer and Mathematics (STEM) teachers exists in the United States. One solution to increase STEM teachers involves recruiting STEM professionals to transition from industry to K-12 teaching. Research indicates that fostering resilience is one way to help new STEM teachers’ retention and persistence in the field. This study explored individual and programmatic factors that increase early career and early second career K-12 STEM teachers’ resilience. Moreover, this research examined how strategic initiatives and programs assisted STEM professionals to build resilience as they transitioned into K-12 STEM educators.

This study utilized mixed-methods design to …

Dating Violence In Latine Lgbtq+ Adolescent Relationships: Treatment Considerations, Tatiana Pinkley

Theses and Dissertations

According to the Centers for Disease Control and Prevention (CDC), violence-sexual and physical-within adolescent dating relationships has become a significant public health concern. This is especially true for sexual minority youth of color. As such, it is a prevalent and necessary topic in many therapeutic settings. However, many of the treatment protocols in place do not address or take into consideration various cultural identities of the clients in question. This study reviewed the scholarly literature regarding the prevalence of dating violence within the LGBTQ+ Latine community, the risk factors of intimate partner violence within this community, interventions that are available …

Effectiveness Of Writing Interventions For The Treatment Of Trauma: A Systematic Review, Melissa Maccarini

Theses and Dissertations

The effectiveness for writing interventions in the treatment of trauma has been a long-researched topic with research continuing to be conducted. This systematic review with narrative synthesis aimed to examine the effectiveness of writing interventions over the past two decades in reducing trauma or related symptoms in adults diagnosed with PTSD or having experienced a criterion-A event. Researchers searched the following databases: PsycINFO, Scopus, EBSCO, ProQuest (PTSDPubs), and PubMed. The last search yielded 100 manually full-text screened studies, with 18 articles included in the systematic review. The results point to some evidence for statistically significant decreases in trauma or related …

Examining The Workplace Well-Being Of Elementary School Teachers Whose Students Participated In A Social Emotional Learning Program, Yorri Berry

Theses and Dissertations

In the past few decades, public school teachers have faced many challenges, including differentiated instruction to diverse students, increased classroom management, and standardized testing. The accumulation of these challenges has created high teacher attrition rates leading to teaching shortages. Understanding the barriers and useful supports to address the challenges teachers face can help lower attrition rates and enhance teaching quality. This study examines the workplace well-being of elementary school teachers whose students participated in a social and emotional learning program. The study included 16 elementary school teachers in schools with a large population of students who are particularly vulnerable to …

Challenges Of Early Career School Psychologists, Edyn Fion

Theses and Dissertations

Transitioning from a student to a practitioner can be a very difficult and challenging period in one’s career. Early career school psychologists are not only responsible for adapting to the everchanging and fast paced work of school psychology but must also deal with adjusting to a new career. This qualitative phenomenological study focused on shedding light to the challenges that are encountered by early career school psychologists. Additionally, it set out to discover the strategies, methods, and resources that they use to overcome these obstacles. With the purpose to answering the four main research questions of this study, thirteen participants …

What Is A Book: Best Practices For Literacy Specialists To Engage K-5 Students In Reading, Cydnee Clarke Patterson

Theses and Dissertations

Student success is closely related to student engagement and literacy instruction, which can positively or negatively impact a student. It has been documented that children motivated to read have a strong sense of reading efficacy and academic competence (Wigfield et al., 2015). This research study addressed the skills needed by literacy specialists to engage students in reading. This study sought to determine the best practices used by literacy specialists identified as highly effective in engaging K-5 students in reading. While issues and challenges of literacy education have made it to the forefront for many educational agencies, there are still gaps …

The Perils Of Asian-American Erasure, Matthew P. Shaw

Vanderbilt Law School Faculty Publications

Affirmative action, particularly its most well-known variant, race-conscious college admissions practices, has long occupied a precarious position in constitutional jurisprudence of equal protection and statutory antidiscrimination law. As a policy matter, affirmative action practices are necessary to reduce the impact of durable structural barriers to opportunity that have been imposed on members of identifiable racial groups because of their race. Legally, they’re on far less secure footing.

As a constitutional matter, these measures have been summarily divorced from any reparative purpose since the “diversity rationale” emerged from Regents of the University of California v. Bakke as the only compelling interest …

A Return To Humanity In Teaching, Stephanie Foote

Pedagogicon Conference Proceedings

In The Courage to Teach, Parker Palmer (1998) writes, “Good teaching cannot be reduced to technique; good teaching comes from the identity and integrity of the teacher” (p. 10). As Palmer (1998) suggests, teaching and identity are interwoven, making teaching an act of vulnerability. Despite this, we often create our courses in ways that protect us, and ultimately, create distance from the students we teach. This piece explores ways to return to the humanity in teaching by understanding ourselves and our students and using these collective understandings to create inclusive and responsive learning environments, regardless of course modality.

Humanizing Learning: Concepts And Strategies To Design And Implement Now, Melony Shemberger

Pedagogicon Conference Proceedings

Humanizing teaching supports the affective and cognitive dimensions of learning. The concept often is used in online education, but it is necessary for any modality to build a learning environment that is relationship-rich. This article discusses the principles and elements of humanized learning, helpful theoretical frameworks, and strategies that can be implemented and practiced in any instructional setting.

When Love Hurts: Confronting William Styron’S Racial Misery In College Composition Classrooms, Natasha D. Moore

Pedagogicon Conference Proceedings

Acknowledging and attending to how professors feel about their students is an often ignored but fundamental component in creating relationship-rich pedagogy. This paper references William Styron’s “This Quiet Dust” to facilitate a transparent discussion about how we truly feel about Black Language, its role and use in the academy, and how these feelings ultimately shape how our Black students experience our encounters with them.

Applying Universal Design For Learning (Udl) Principles For Building Intentional Student-Faculty Relationships In An Online Graduate Program, Robert Legary Jr.

Pedagogicon Conference Proceedings

Student engagement in learning and relationship building among faculty and students can be challenging in an online learning environment. Relatedness and positive engagement with other students and faculty foster positive learning outcomes. The intentional application of the Universal Design for Learning (UDL) engagement guidelines and checkpoints (CAST, 2018) with Chickering and Gamson’s (1999) Seven Principles for Good Practice accommodates learner variability and promotes relationship-building experiences. In an online M.Ed. program, key elements and strategies of the UDL engagement guidelines and the Seven Principles are integrated in curriculum, teaching methods, and learning activities. Implications for practice related to the application of …

Guide To Relationship-Rich Education In Teaching & Learning: Introduction To The 2022 Pedagogicon Proceedings, Russell Carpenter, Kevin Dvorak

Pedagogicon Conference Proceedings

The Guide to Relationship-Rich Education is a compilation of teaching strategies that promote relationship-rich education strategies (Felten & Lambert, 2020) across higher education contexts. In this guide, teacher-scholars present relationship-rich strategies and corresponding analyses across teaching and learning environments.

Alma’S Cry For Salvation, Matthew L. Bowen

Religious Educator: Perspectives on the Restored Gospel

Arguably the single greatest textual discovery in the Book of Mormon is John W. Welch’s discovery of a chiasm—a literary and rhetorical figure in which words and concepts are presented in a certain order and then presented again in reverse order—spanning the entirety of Alma 36.[1] Although alternative models of this chapter and refinements for Welch’s chiastic model have been proposed,[2] these still see Alma’s remembering and crying out to Jesus Christ as the χ (chi), or structural turning point, of the chiasm: And it came to pass that as I was thus racked with torment, while I was harrowed …

Full Issue

Religious Educator: Perspectives on the Restored Gospel

No abstract provided.

“Dumb” Puns In Alma 30: A Mesoamerican Twist On Korihor’S Talionic Punishment, Mark Alan Wright, Neal Rappleye

BYU Studies

Evidence for the use of both puns and talionic (or reciprocal) punishment by peoples of the Book of Mormon is well attested. To complement previous research in these areas, which focused primarily on data from the ancient Near East, we argue that Mesoamerican wordplay and legal systems may also be evident in the account of Korihor recorded in Alma 30. Recognizing these connections to the text’s plausible cultural and linguistic context illuminates why Korihor receives the punishment he is given: it was no arbitrary consequence, but one tailored to his accusations in an irony-laden narrative that would have been easily …

From Heldris De Cornwall’S Le Roman De Silence To Gian Francesco Straparola’S Le Piacevoli Notti. New Insights Into A Significant Reception Process Across Centuries, Languages, And Genres, Albrecht Classen

Quidditas

Although we assume that the thirteenth-century Anglo-Norman romance Roman de Silence by Heldris de Cornwall experienced no reception at all apart from one manuscript containing the text, there is a considerable likelihood that the sixteenth-century Venetian author Gian Francesco Straparola somehow gained access to the medieval text and adapted it for one of the stories contained in his famous collection, Le Piacevoli Notti (1550 and 1553). Even though we cannot yet determine the exact process of reception, the strong similarities between both works go far beyond global archetypal themes. Straparola’s work hence demonstrates that Heldris’s work was known even long …

The Imperative Of Student Integration In Faculty Research Projects: A Pedagogical Case Study In Digital History, Roger L. Martinez-Davila, Fernando Feliu-Moggi, Sean Wybrant, Ian Torres, Spencer Miles

Quidditas

Traditional pedagogical models, at times, are inadequate for equipping students with real-world skills. A shift towards integrating students into faculty-led research is essential, as demonstrated by the Coronado Muster Roll project. In this project, students use virtual reality technologies to create immersive experiences that explore the complex relationships between Spanish and Indigenous communities during Francisco Vázquez de Coronado’s 1540 expedition. A specific assignment within the course tasks students with developing digital narratives. The muster roll itself is revealed to be more than just a list; it serves as a snapshot capturing the depth and complexities often lost in grand narratives. …

Assyria And The “Great Church” Of Nephi’S Vision, Todd Uriona

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The Book of Mormon begins at a pivotal point in Israelite history and in the history of the ancient Near East more broadly. With the fall of Assyria and the power vacuum that grew out of Assyria’s demise, questions of sovereignty were of paramount concern. It was at that time that Lehi led his family into the wilderness after witnessing the impending destruction of Jerusalem in vision. Nephi, “desir[ing] to know the things that his father had seen” (1 Nephi 11:1), describes his own vision, where he saw the coming of the “Son of God” (1 Nephi 11:7), the destruction …