Digital Commons Network^™

Qualified Immunity: Sculpting A Statute-Esque Solution To A Judicially Created Policy Comments, Daniel Rafferty

University of Dayton Law Review

No abstract provided.

Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo

Faculty Articles

The study of law, we are told often and generally with approval, has become a potluck to which everyone is invited. Over there stand the historians bearing their retrospectively informed insights; across from them are the experimental psychologists hoisting their pleasingly social-scientific brew; in the corner lurk philosophers chatting calmly over some first principles. The center of the room is quite naturally taken up by the economists, laughing exuberantly over their spread of nifty models, intimidating formulae, and soothing predictions. In the midst of this lively affair, circulating among the invitees like a dutiful host, rejecting nothing, sampling everything, and …

For Whom “Bell” Tolls: Rent Escrow, Withholdings, Strikes, And Landlord-Tenant Reform, Brian G. Gilmore

Southern Illinois University Law Journal

Rent is the key obligation for tenants in a landlord-tenant relationship. What happens when the obligation to pay rent is challenged by the tenant due to the landlord's failure to meet their own obligations in that relationship? In that respect, can a tenant withhold rent (escrow their rent) legally under the law and force a judicial determination on not just the rent payments but the landlord's failures? Using a 1968 case known as Bell v. Tsintolas as a starting point, this article examines the concept of rent escrow, its evolution, and the various forms it takes in landlord-tenant relationships. This …

Cross-Cultural Adaptation And Psychometric Evaluation Of The Myanmar Version Of Oswestry Disability Questionnaire And Roland-Morris Disability Questionnaire For Individuals With Low Back Pain, Phyu Sin Oo

Chulalongkorn University Theses and Dissertations (Chula ETD)

This study aimed to develop cross-culturally adapted Myanmar versions of the Oswestry Disability Questionnaire (M-ODQ) and Roland-Morris Disability Questionnaire (M-RMDQ), and determine their psychometric properties in individuals with low back pain (LBP). In accordance with the previous guidelines, the original ODQ and RMDQ were translated and cross-culturally adapted into a Myanmar language. The psychometric evaluation of the adapted M-ODQ and M-RMDQ were conducted on 102 individuals with LBP for assessing reliability, validity, and responsiveness. Reliability was assessed using the intraclass correlation coefficient (ICC 2,1) while concurrent and construct validity were examined using the Spearman rank correlation coefficient and correlations with …

Telehealth Readiness In Older Adults In Kentucky, Kristen Weidner

Theses and Dissertations--Rehabilitation Sciences

During the COVID-19 pandemic, telehealth became an increasingly widespread service delivery model. Not all populations, however, accessed telehealth services equally. Older adults were less likely to use telehealth during the pandemic, continuing a historical trend. These usage patterns persist despite evidence that telehealth could be a helpful service delivery option for this population. Researchers have explored how theoretical frameworks explain older adults’ decisions to use technology, but there is yet to be a measure of older adults’ readiness for telehealth technology. A validated, theory-backed tool of older adults’ perceptions about telehealth, prior to the health care encounter, could help clinicians …

A Micro-Typology Of Contact Effects In Four Tibeto-Burman Languages, Kristine Hildebrandt, Oliver Bond, Dubi Nanda Dhakal

SIUE Faculty Research, Scholarship, and Creative Activity

When minority languages with similar typological profiles are in long-term contact with a genealogically unrelated socioeconomically dominant language, the perfect context is provided for investigating which observed contact effects are demonstrably allied to sociolinguistic dynamics rather than purely structural ones. This paper investigates the factors determining the different extent of contact effects in four Tibeto-Burman languages (Gurung, Gyalsumdo, Nar-Phu, and Manange) spoken in a geo-politically defined and multilingual region of Nepal. Using corpus data and sociolinguistic interviews collected in the field, we demonstrate that a range of social, economic and geo-spatial factors contribute to asymmetries where contact effects are observed …

Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai

Articles & Book Chapters

The targeted and strategic use of asynchronous learning materials can free up important space for classroom teaching, and can unlock the spirit of experimentation, innovation, and engagement that animates in-person learning. This article sets out five principles that should guide future efforts to integrate asynchronous modules into legal education. Modules should be designed to supplement, not substitute, the live classroom; they should deliver content but also stimulate reflection, critique, and contextualization; they should be varied with respect to their subject matter; theoretical underpinnings, and pedagogical approach; professors should be able to easily customize their selections; and they should encourage collaboration …

Final Thoughts And Observations, James R. Allison, Heidi Roberts, Jerry D. Spangler

Faculty Publications

This chapter addresses three topics inspired by the discoveries made during Jackson Flat’s archaeological investigations. The first topic examines the implications of the discovery of early maize agriculture in the Far Western region. Our data suggest that the Far Western Basketmaker tradition developed on a trajectory separate from the Western Basketmaker groups associated with the White Dog Phase in the Four Corners region.

Beyond Virtue Signaling: From Talking About To Enacting A Pedagogical Praxis Of Justice In Urban Classrooms, Melissa L. Gibson

College of Education Faculty Research and Publications

Drawing on ethnographic data of an urban school, this paper contrasts how two White female teachers take up the idea of ‘teaching for social justice.’ Fourth-grade teacher Maestra Rachel enacts a superficial understanding focused solely on curricular topics, while third-grade teacher Maestra Jennifer roots her teaching in an understanding of how students experience racial oppression in school. These cases demonstrate that a praxis of justice attends to curriculum and power, relationships, pedagogy, achievement, and identity. White teachers, specifically, must interrogate the role of Whiteness in their teaching, or they risk engaging in virtue signaling that reproduces injustice.

Indicators Of Typology In The Narrative Of Elijah: An Investigation Into The Predictive Nature Of Biblical Theology, JôNatas De Mattos Leal

Dissertations

Elijah is among the most popular prophets in the Judeo-Christian tradition. In Judaism, the hope for his return has evolved into a plethora of legends in which he functions as a helper to the righteous in the present and avenger to the wicked in the future eschaton. In Christianity, the expectation involving his return has also a multitemporal dimension, but its fulfilment is typologically oriented. More often, scholars study the fulfilment of the Elijah typology from the NT perspective in a backward movement. This dissertation investigates this typology in a forward movement going from the OT to the NT while …

No. 10, April 2022: Uplifting The Perspectives And Preferences Of The Families Of English Learners In Los Angeles Unified School District And Charter Schools: Findings From A Representative Poll, Jeimee Estrada-Miller, M.P.P., Leni Wolf, M.P.A., Elvira G. Armas, Ed.D., Magaly Lavadenz, Ph.D.

Education and Policy Briefs

This research and policy brief uplifts findings from a 2021 poll of 129 LAUSD and affiliate charter school English Learner families. The poll covers a broad range of topics including families’ pandemic experiences in and outside of school, communication with schools, levels of engagement and representation in school-based decisions, and expectations of schools for the future. Findings indicate that: (1) a majority of EL families are engaged and report that they attend school activities; (2) EL families report feeling heard at their school sites and would like more personalized communication like home visits and calls; (3) EL families want more …

Transformational Leadership In Higher Education Programs, Joshua L. Howell, Kim E. Bullington, Dennis E. Gregory, Mitchell R. Williams, William L. Nuckols

Educational Leadership & Workforce Development Faculty Publications

The current mixed-method study investigates transformational leadership qualities through higher education doctoral programs in the Commonwealth of Virginia. This study relies on three data points: interviews with graduate program directors of higher education doctoral programs (whether PhD or EdD), a program evaluation of programs, and Multifactor Leadership Questionnaire (MLQ-5x™) survey results from students within said programs. Data were collected from the five public universities that offer higher education doctoral programs within the Commonwealth of Virginia. Students completed a self-rating using the Multifactor Leadership Questionnaire (MLQ-5x™) and then were peer-rated by colleagues to strengthen the validity of the study. Additionally, themes …

An Unspoken Story Of Education: An Autoethnographic Exploration Of Racism In Education, Elisa A. Perez-Garcia

All Graduate Theses, Dissertations, and Other Capstone Projects

Privilege is when one voice is the norm, but some children’s voices are underheard within research. Extensive research has demonstrated that Hispanic face multiple barriers within the education system. This study examines how whiteness within the education system can impact a Hispanic student’s perspective of the world. An autoethnographic approach is used to analyze five stories. A grounded theory approach identified emergent themes from the stories shared. The four themes that emerged among the stories were intersectionality, privilege, social construct, and microaggression. It demonstrated minority students’ experiences and interactions could profoundly affect how they view their identity. There are measures …

The Theory Of Mind Hypothesis Of Autism, Kendall Smith

Undergraduate Honors Theses

Present theory of mind research suggests that autistic individuals demonstrate deficits in theory of mind capabilities. A literature review was conducted to investigate the claim made by the theory of mind hypothesis of autism that theory of mind deficits are responsible for the social deficits present in autistic individuals. It was concluded that this hypothesis was prematurely accepted as an explanatory model for autism when it is better described as a symptom of autism. Alternative explanations for autistic social deficits such as executive function deficits and the theory of weak central coherence were analyzed. Implications and suggestions for future research …

Settling The Genocide V. Ethnic Cleansing Debate: Ending Misuse Of The Euphemism Ethnic Cleansing, Jennifer Kirby-Mclemore

Denver Journal of International Law & Policy

Since the term "ethnic cleansing" appeared on the world stage in the early 1990s, it has spurred many legal debates. This article engages the debate between those who believe the term is legally distinct from genocide and those who believe it is a euphemism for genocide. Weaving through a linguistic, criminological, and legal analysis, this article supports the latter of those beliefs and demonstrates how journalists, governments, and NGOs use the euphemism to avoid triggering effective responses to genocide. In an effort to thwart further harm to genocide prevention and prosecution, the article class for an end to the term's …

The (Unnoticed) Revitalization Of The Doctrine Of Equivalents, Daryl Lim

Faculty Scholarly Works

Over the past century, few patent issues have been considered so often by the Supreme Court of the United States as the doctrine of equivalents (“DOE”). This judge-made rule deals with a question that lies at the heart of patent policy—what is the best way to define property rights in an invention? The doctrine gives patentees an opportunity to ensnare an accused device that does not literally infringe a patent claim if the accused device is substantially similar to each claim limitation. Patentees enjoy this advantage, but it comes at a cost to the public, who must face the uncertainty …

Structural Causes Of The “Gender Gap” In Nuclear Security: An Overview, Şebnem Udum

International Journal of Nuclear Security

This article elaborates on the discussion from the International Atomic Energy Agency (IAEA) International Conference on Nuclear Security (ICONS) 2020 conference and discusses the reasons for the gender gap between professionals working in nuclear security. It puts forward the structural causes for women's choice of field and the formation of gender biases from the perspective of Political Science. It emphasizes the importance of having role-models for women working in the field and provides recommendations to increase the number of women working in nuclear security.

Women Leading The Way, Laura S.H. Holgate, Inna Pletukhina, Michelle Reichert, Şebnem Udum, Ashley A. Humphrey

International Journal of Nuclear Security

As a feature of this issue, we asked some of the most notable women in the nuclear security profession to share their stories. Knowing that other women overcame circumstances that women still face instills hope, shows leadership, and provides mentorship to us all.

Drama Integration Across Subjects, Grades, And Learners: Insights From New Teachers As Inquiring Reflective Practitioners, Sergio L. Sanchez, Steven Z. Athanases

Benerd College Faculty Articles

Promoting equitable access to the arts may depend on structures that support teachers in integrating arts into core curricula. We describe an arts-integration design that spotlights attention within and beyond one teacher credential program to one arts field–drama–engaging 24 new non-arts teachers across grades and subjects who participated in a drama academy. Our project shines the light on contributions of early-career teachers to generating conceptions derived from immersion in drama and inquiry into classroom practice. We focus on teachers’ developing repertoires of drama-based pedagogy (DBP) practices for use among wwdiverse learners, and on engagements in ongoing inquiry and reflective cycles. …

Decoding Nondelegation After Gundy: What The Experience In State Courts Tells Us About What To Expect When We're Expecting, Daniel E. Walters

Emory Law Journal

The nondelegation doctrine theoretically limits Congress’s ability to delegate legislative powers to the executive agencies that make up the modern administrative state. Yet, in practice, the U.S. Supreme Court has, since the New Deal, shied away from enforcing any limits on congressional delegation. That may change in the near future. In Gundy v. United States, the Court narrowly upheld a delegation, and a dissent signaled deep doubts about the Court’s longstanding “intelligible principle” standard and offered a new framework to replace it. Subsequent events strongly suggest that the Court is poised to move in the direction contemplated by the …

Early Childhood Consortium, Teaching, Learning, And Foundations

Program Revisions/Additions

No abstract provided.

Grey State, Blue City: Defending Local Control Against Confederate “Historical Preservation”, Sage Snider

Vanderbilt Journal of Entertainment & Technology Law

Confederate monuments have become lightning rods across the American landscape. While these ubiquitous symbols have spread Lost Cause propaganda for over one hundred years, they have also instigated unprecedented protest and violence since the 2015 Charleston massacre, 2017 Charlottesville rally, and 2020 George Floyd murder. In response, southern state legislatures have passed preemptory “statue statutes,” laws that obstruct left-leaning cities from removing Confederate monuments. This Note compares the political and legal strategies cities and citizens have used to overcome these legal barriers, both in opposition to individual monuments and statue statutes themselves. Using Tennessee’s Historical Commission waiver process as a …

Sportisation And Values Of Competition : The Case Of Yo-Yoing, Ho Wang, Danny Kwong

Bachelor of Social Sciences – Senior Theses

Yo-yoing was a popular pastime in the 90s. It has now developed as a sport with standard rules. This research locates competitive yo-yoing within the sociology of sports, specifically, it builds on the lifestyle sports literature. I understand yo-yoing as a lifestyle sport, serious leisure, and subculture. I argue that competition is a site of meaning-making in competitive yo-yoing and delineate the community’s response to sportisation through interviews with 15 yo-yo players in Hong Kong and an examination of a Netflix documentary on yo-yo. The findings suggest 2 implications: a re-visit to the anti-competition discourse among lifestyle sports, and, a …

Epiphanies, Metaphors, And Liminality: Religion And Mountains In The Seventeenth Century English Mind, Ethan Smith

Master's Theses or Doctor of Nursing Practice

This thesis studies the relationship between religion and mountains as represented in seventeenth century English thought. In particular, it seeks to discover trends of continuity in connections between divinity and mountains. It demonstrates that at least two distinct trends of continuity exist. First, between mountains and divinity as represented by metaphor and allegory, both represented in a variety of mediums, from poetry to letters and books. And secondly, it demonstrates continuity with regards to mountain experiences, which often evoke religion, either as a religious experience, experiences that use religious language, or experiences to religious places. In charting these continuities, it …

Novus Ordo: The Rise Of Progressive Catholicism And The Fall Of Traditional Catholic Worship, Daniel P. Sute

Master's Theses or Doctor of Nursing Practice

The promulgation of the 1969 reformed Roman Missal represents one of the most important events in modern religious history. The transition to the “Novus Ordo” Mass symbolized the end of an era of traditionalism and the beginning of an era of modern Catholicism. At first glance, this transition seemed to take the Church by storm. After over a hundred years of papal condemnations of progressive schools of thought, in the 1960s, progressive scholars were invited by Rome to oversee a general reform of the Mass, the religion’s central act of worship. The ultimate fruit of this labor, the Novus Ordo …

The Demiurge And The Primeval Serpent Motif Within Classical Thought And Its Culmination Within Gnosticism And Early Christianity, Jim Mcpeters

Master's Theses or Doctor of Nursing Practice

Dragons or great serpents associated with creation stories have been well documented within ancient Near Eastern myths, Classical religion, and Judaism. The motif involved monstrous and hostile supernatural figures emblematic of disorder that were subdued by a benevolent deity. The sect known as the Gnostics that emerged in the first and second centuries AD drew upon these ancient creation narratives and creatively mixed them with the idea put forward by Plato of a Demiurge, or craftsman who ordered the material universe. Because they held that the material cosmos was inherently evil, the Gnostics endowed their Demiurge with the characteristics of …

Domestic Lives Of The Worthless And Insignificant: Land And Labor In Eighteenth-Century British Literature, Mellissa Black

Electronic Theses and Dissertations

Domestic Lives posits that the proliferation of the georgic mode in selected eighteenth-century works provided writers with the language and tropes needed to negotiate burgeoning stresses on the stability of political, cultural, and class systems. In my reading of the georgic as a “gentrifying” force, the mode generates and recreates a managerial authority over the productive potential of what I call the “laboring sort,” those who are rooted in agricultural labor. In turn, the georgic aided the expansion of the British empire by allowing for the expansion of definitions of national identity. As national identity was gentrified, so too was …

Karaites & Reformers: Two Failed Cases Of Coherent Interpretation, Menashe Chaim Roberts

Electronic Theses and Dissertations

There are two groups which claim that proper textual interpretation does not require extratextual information. They posit that the meaning of texts is discoverable from the words of the text and/or an individual's reason alone. Thus, no extratextual information is required to arrive at a cogent and coherent interpretation. The medieval Karaites reject the notion that there is any such thing as interpretive precedent and everyone's interpretation, when guided by reason, is as valid and coherent as anyone else's. Early Protestant Reformers such as John Calvin and Martin Luther argue that all one needs to interpret the Bible is the …

The Perception And Strategies Of Speech-Language Pathologists In Rapport Building With People With Aphasia Via Tele-Practice: Qualitative And Quantitative Mixed Design, Emily Hershberger

Electronic Theses and Dissertations

Introduction: Tele-practice has become an important service delivery method, especially since the Covid-19 pandemic. A majority of research investigated effectiveness in therapeutic outcomes among children and adolescents, while tele-practice studies among people with aphasia were relatively limited. Rapport building may present more challenges in tele-practice compared to in-person services, yet no study compared it across the two therapy delivery approaches among people with aphasia.

Method: This current study conducted interviews regarding how rapport building is affected in tele-practice from speech-language pathologists (SLPs) who have experienced both in-person and tele-practice among people with aphasia. Nine SLPs were interviewed about their perceptions …

"The Wild Asleep": A Cultural And Environmental History Of Ramps, Catherine Jessee

Electronic Theses and Dissertations

Ramps, wild onions, or allium tricoccum are a variety of spring ephemeral, or a flowering plant that emerges for a brief period every spring. In working through stereotypical ideas about Appalachian regional identity, I interpret the environmental history of this plant. Incorporating memory, oral histories, and folklore, this thesis complicates wider conceptions of home, community, and boundary. Tapping into an archive of ramps knowledge as it is created, I ask, what can the future of ramps tell us about place, space, and belonging?