Digital Commons Network^™

Understanding Tourism Within A Social-Ecological System: Ometepe Island, Nicaragua, Chelsea Leigh Leven

Graduate Student Theses, Dissertations, & Professional Papers

Tourism endures as a major component of development strategies worldwide, despite a dearth of documented successes. Tourism failures arise in part from simplistic and reductionist approaches to sustainability and tourism. Successfully implementing tourism to support sustainable futures requires, at a minimum, a more holistic and complex conceptualization than tourism currently receives, including recognition of how human values shape a system. To achieve a more complex understanding of tourism, I analyzed tourism through a social-ecological system (SES) perspective using the paradigm of resilience thinking. Through a case study in Ometepe, Nicaragua, my research considered opportunities for tourism contributions to sustainable futures …

Theme Park Experience: Factors Explaining Amount Of Pleasure From A Theme Park Visit, Time Allocation For Theme Park Activities, Perceived Value, Queuing Quality, Satisfaction, And Loyalty, Maksim Godovykh, Ady Milman, Alsi D.A. Tasci

Faculty Scholarship and Creative Works

A considerable amount of literature describes concepts that predict theme park visitor behavior. Although previous studies made an effort to measure the impact of several variables on theme park visitors’ loyalty, there is a lack of empirical attention on the impact of some consumption variables such as previous experience, perceived queuing quality, waiting time, using of virtual queuing, and the role of anticipating and remembering the visit. The current study introduces several new experience concepts that were not previously discussed in the literature: the amount of pleasure from anticipation, visiting, and remembering the experience, and time allocation for waiting in …

The Corporate Purpose Of Social License, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

This Article deploys the sociological theory of social license, or the acceptance of a business or organization by the relevant communities and stakeholders, in the context of the board of directors and corporate governance. Corporations are generally treated as “private” actors and thus are regulated by “private” corporate law. This construct allows for considerable latitude. Corporate actors are not, however, solely “private.” They are the beneficiaries of economic and political power, and the decisions they make have impacts that extend well beyond the boundaries of the entities they represent.

Using Wells Fargo and Uber as case studies, this Article explores …

The Public Trust Doctrine, Outer Space, And The Global Commons: Time To Call Home Et, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Space exploration is heating up. Governments and private interests are on a fast track to develop technologies to send people and equipment to celestial bodies, like the moon and asteroids, to extract their untapped resources. Near-space is rapidly filling up with public and private satellites, causing electromagnetic interference problems and dangerous space debris from collisions and earlier launches. The absence of a global management system for the private commercial development of outer space resources will allow these near space problems to be exported further into the galaxy. Moreover, without a governing authority or rules controlling entry or limiting despoliation, outer …

Janet Halley And The Art Of Status Quo Maintenance, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Over the past few years, Janet Halley emerged as one of the most avid critics of campus rape feminist activists, activists who push for the reformulation of university investigative rules to shift the burden of proof from the accuser to the accused. Halley contends that Title IX policies, embedded with affirmative consent, are not only procedurally unsound, but bad for boys, bad for sex, and bad for feminism, charging its agenda with “radical feminism” influences. Halley’s stance on campus rape is consistent with her long-held “queer theory” and its anti-feminist deregulatory drive. In this article, I argue that Halley’s “queer …

On Being Old Codgers: A Conversation About A Half Century In Legal Education, Mark Tushnet, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This conversation, conducted over three evenings, captures some of our thoughts about the last half century of legal education as both of us near retirement. We have edited the conversations so as to eliminate verbal stumbles and present our ideas more coherently, slightly reorganized a small part of the conversation, and added a few explanatory footnotes. However, we have attempted to keep the informal tone of our discussions.

A New Era In Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, And A Shift In The National Conversation Point Toward A Need For Measure 11 Reform, Joshua Olmsted

Lewis & Clark Law Review

In 1994, Oregon voters passed Ballot Measure 11, a mandatory minimum sentencing scheme that imposes long inflexible sentences for a plethora of serious crimes. In addition to establishing mandatory minimum sentences, Measure 11 dramatically re-shaped the landscape of the juvenile justice system by mandating transfer to adult court for youth between 15 and 17 years old, charged with any Measure 11 offense, even if they are eventually convicted of a lesser offense. In recent years, there has been a push to rethink the way that we evaluate and treat juvenile offenders. Evolving Supreme Court jurisprudence, along with new research into …

Gender Competency In Public Administration Education, Nicole Elias, Maria J. D’Agostino

Publications and Research

Sex and gender are evolving identity categories with emergent public policy and administration needs. To respond to the diverse landscape of sex and gender issues in the public sector, greater competency is needed. This research will contribute to the body of work on sex and gender in public administration by asking the following questions: (a) what do graduate students in Master of Public Administration (MPA) programs know about gender competency, (b) have graduate students learned gender competency in their MPA coursework, and (c) how can gender competency in MPA education be further developed and promoted? This study provides a critical …

Gender In Negotiation: Preparing Public Administrators For The 21st Century Workplace, Maria J. D’Agostino, Helisse Levine, Meghna Sabharwal

Publications and Research

This exploratory study questions whether Master of Public Administration programs prepare future public administrators to how gender plays out in negotiations that occur in organizations. Negotiated Order and Second-Generation Bias perspectives provide the theoretical basis to understand that negotiations in organizations may privilege masculine practices. In light of this gender leaning, the classroom is a necessary incubator for understanding gender differences in negotiation. Curricula and survey response data retrieved from NASPAA accredited MPA programs suggest that gender in negotiation is not being addressed in the MPA classroom. Public managers must negotiate for scarce organizational resources including salary, promotion, and other …

From Women-Staffed To Women-Led: Gender And Leadership In Academic Libraries, 1974-2018., Marta Bladek

Publications and Research

This article reviews post-1974 scholarly literature on women’s leadership in academic libraries, with the emphasis on the United States. The purpose of this synthesis is to highlight research areas and themes that have significantly expanded the profession’s knowledge about gender and its impact at the top administrative level. The article starts with a brief overview of theories of gender and leadership before tracing scholarship on the gendered career patterns singled out in Schiller’s work (1974). The article then focuses on additional issues related to gender and library administration, including leadership styles, perceptions of differences between male and female leaders, and …

"Study To Show Thyself Approved": Seventh-Day Adventism's Legacy Of Careful Biblical Scholarship, Ginger Hanks Harwood, Beverly Beem

Andrews University Seminary Studies (AUSS)

This article, based largely on the writings of early Adventist leaders, examines the sources of Adventist hermeneutics primarily as they are revealed through the articles of the Advent Review and Sabbath Herald and the writings of Ellen G. White. It briefly surveys the interpretative methods of William Miller, recognizing the influence that his contemporary cultural setting had upon him, and identifying major practices that characterized early Adventist biblical interpretation. The article’s focus is on the hermeneutical practices of the nineteenth-century Sabbatarian/Seventh-day Adventist spokespersons and the importance they gave to honest inquiry, the role of reason and revelation, and the practices …

The Appropriation Of The Hellenistic-Egyptian Cult Of Serapis: A Multi-Disciplinary Study Focusing On Augustus, Nero, Hadrian, Their Coinage, And Villas, Vivian A. Laughlin

Andrews University Seminary Studies (AUSS)

Dissertation Abstract

Constructing A Theology Of Relational Life Through The Themes Of Creation, Incarnation, And Re-Creation As An Alternative To Current Categories Of Religions, Andrew Thompkins

Andrews University Seminary Studies (AUSS)

Dissertation Abstract

Introduction: #Metoo In The Workplace, Jeffrey M. Hirsch

Faculty Publications

This symposium issue examines various impacts of the #MeToo movement in the workplace. “Me Too” was first coined in 1997 by Tarana Burke, who used the phrase as part of her work to help women like her, especially those of color, who had survived sexual violence. “Me Too” later became “#MeToo,” particularly after several famous actresses accused high-powered Hollywood producer Harvey Weinstein of sexual assault. The actions of Weinstein, as well as many of the numerous powerful men who subsequently faced similar accusations, involved sexual harassment and assault in a specific context: work. These high-ranking executives used their power over …

The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier

Faculty Publications

Economic activity does not always depend on state-created law (to set the rules), state-funded courts (to resolve disputes), or state coercion (to enforce compliance). These well-known facts have motivated a large and inter-disciplinary literature spanning law, economics, history, sociology, anthropology, and other disciplines.

This short essay is prompted by Steven Ware’s Private Ordering and Commercial Arbitration, which appears elsewhere in this volume. Ware’s article is a thoughtful and persuasive reflection on the importance of Soia Mentschikoff to the voluminous literature on private ordering, as well as a call to recognize the importance of arbitration as a tool of self-governance. …

Understanding Support Network Capacity During The Transition From Foster Care: Youth-Identified Barriers, Facilitators, And Enhancement Strategies, Jared Best, Jennifer E. Blakeslee

School of Social Work Faculty Publications and Presentations

This study explores how foster care experiences can impact support network functionality as young people exit the foster care system. This can be conceptualized as a function of both network member capacity to provide adequate support to address young adult needs, and network stability, which reflects cohesion within and across relationships to facilitate consistent support over time. We conducted support network mapping and semi-structured interviews with youth in foster care aged 16–20 (N = 22) and used theoretical thematic analysis to explore support barriers and facilitators in relation to the organizing concepts of support capacity and network stability. Overall, support …

Editor's Note, Janie Harden Fritz

Journal of the Association for Communication Administration

This is the Editor’s Note to Volume 38, Issue 1 of the Journal of the Association for Communication Administration.

Demonstration Policies At Private Universities: A Case Study And Analysis, Bastiaan Vanacker

Journal of the Association for Communication Administration

Unlike public universities, private universities are not bound by the First Amendment when regulating students’ on-campus speech. This has provided administrators at private universities with great leeway in putting restrictions on student demonstrations. This article starts out with a case analysis of Loyola University Chicago, where the demonstration policy was loosened after pressure from the university community. This example frames the research questions of this study, analyzing the prevalence and nature of demonstration policies at private universities. Compared to public universities, private universities are less likely to have a demonstration policy, and the language and procedures contained in these policies …

Complete Issue, Volume 38, Issue 1

Journal of the Association for Communication Administration

This is the complete issue for Volume 38, Issue 1 of the Journal of the Association for Communication Administration.

Crisis Communication In Context: History And Publication Trends, Kenneth A. Lachlan, Patric R. Spence, Matt Seeger, Christine Gilbert, Xialing Lin

Journal of the Association for Communication Administration

This study aims to describe the development of crisis communication as a subfield of Communication Studies, through an analysis of data taken from journal publications. By tracing the origins of crisis communication, this study identifies some of the primary forces that have influenced its development. Next, the results of an analysis of crisis communication articles drawn from twelve periodicals over nineteen years within the larger communication discipline are offered. The results suggest that Journal of Applied Communication Research has been the most common outlet for this subdiscipline, human subjects data accounts for less than half of the published research, and …

Jmc Deans Of Color Lead With A Purpose: A Qualitative Study, Keonte C. Coleman, Laura M. Gonzalez

Journal of the Association for Communication Administration

This qualitative study contextualized the leadership experiences of journalism and mass communication (JMC) deans who self-identified as persons of color. While anonymously participating in a virtual focus group, these deans expressed bringing a higher purpose to leading their programs. This study aims to elucidate the benefits of increasing the diversity of JMC leadership and illuminate the need to improve the working environment for current and future JMC leaders of color.

Supreme Court As Superweapon: A Response To Epps & Sitaraman, Stephen E. Sachs

Faculty Scholarship

Is the Supreme Court's legitimacy in crisis? Daniel Epps and Ganesh Sitaraman argue that it is. In their Feature, How to Save the Supreme Court, they suggest legally radical reforms to restore a politically moderate Court. Unfortunately, their proposals might destroy the Court's legitimacy in order to save it. And their case that there is any crisis may fail to persuade a reader with different legal or political priors. If the Supreme Court needs saving, it will be saving from itself, and from too broad a conception of its own legal omnipotence. A Court that seems unbound by legal principle …

The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis

Faculty Scholarship

Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO 's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the …

Detention As Deterrence, Emily Ryo

Faculty Scholarship

Does immigration detention deter unauthorized migration? This is a pressing question with critical policy implications given that the U.S. government has detained tens of thousands of migrants in reliance on this deterrence rationale. Briefly described, the federal government has argued that “one particular individual may be civilly detained for the sake of sending a message” to others “who may be considering immigration. In recent times, the potential migrants to whom the federal government has sought to send such a message are, by and large, from Mexico and Central America. Emerging empirical research, however, provides little to no evidence that detention …

The Shadows Of Life: Medicaid's Failure Of Health Care's Moral Test, Barak D. Richman, Kushal T. Kadakia, Shivani A. Shah

Faculty Scholarship

North Carolina Medicaid covers one-fifth of the state’s population and makes up approximately one-third of the budget. Yet the state has experienced increasing costs and worsening health outcomes over the past decade, while socioeconomic disparities persist among communities. In this article, the authors explore the factors that influence these trends and provide a series of policy lessons to inform the state’s current reform efforts following the recent approval of North Carolina’s Section 1115 waiver by the Centers for Medicare and Medicaid Services. The authors used health, social, and financial data from the state Department of Health and Human Services, the …

Free Speech And Justified True Belief, Joseph Blocher

Faculty Scholarship

Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not permitted to trick juries into convicting a defendant, even if that defendant is truly guilty. Judges’ reasons, and not just the correctness of their holdings, are the engines of precedent. Lawyers are, in short, familiar with the notion that one must be right for the right reasons.

And yet the standard epistemic theory of the First Amendment—that the marketplace of ideas is the “best test of truth”—has generally …

Ecocriticism And The Trans-Corporeal : Agency, Language, And Vibrant Matter Of The Environmental “Other” In J.R.R Tolkien’S Middle Earth, Garrett Van Curen

Theses, Dissertations and Culminating Projects

This paper explores J.R.R Tolkien’s Middle Earth in light of the material ecocritical notions of trans-corporeality, vibrant matter, and intrinsic language. Namely, this paper asserts that Tolkien’s treatment of plants, specifically trees, deconstructs an otherwise unflattering and over-simplified binary that separates the natural world from the human, while highlighting important nuances sometimes overlooked in Tolkien’s natural world. The two sides of this affixed binary, as this paper asserts, are intermeshed in Tolkien’s conception of Middle Earth in what Stacy Alaimo terms a “trans-corporeal” process. The humanoid and nonhumanoid beings of Tolkien’s world are constantly engaged in a process of mixing …

Mapping The Scholarly Communication Landscape: 2019 Census, Katherine Skinner

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the design, methods, results, and recommendations of the 2019 Census of Scholarly Communication Infrastructure Providers (SCIP), a Census produced by the “Mapping the Scholarly Communication Infrastructure” project team (Andrew W. Mellon Foundation; Middlebury College, 2018-19). The SCIP Census was created to document key components comprising the organizational, business, and technical apparatuses of a broad range of Scholarly Communication Resources (SCRs) – the tools, services, and systems that are instrumental to the publishing and distribution of the scholarly record. Using Community Cultivation – A Field Guide (Educopia, 2018) as a framework, we designed a Conceptual Model detailing the …

Free Speech And Cheap Talk, Daniel Hemel, Ariel Porat

Public Law and Legal Theory Working Papers

We present a new framework for analyzing defamation liability that serves both to clarify and complicate understandings of the law’s consequences for speakers, victims, and the marketplace of ideas. In addition to the familiar deterrence and chilling effects, we show how defamation liability can generate a “warming effect,” making statements more credible and potentially raising both the quality and quantity of speech. We also explain how a more plaintiff-friendly liability regime may exacerbate harms to defamation victims. We end by considering the possibility of “self-tailored” defamation law, with victims or speakers selecting the defamation liability regime that applies to them.

The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan G. Cohen

Faculty Scholarship

Inspired by Chaim Saiman’s brilliant book, Halakhah: The Rabbinic Idea of Law, this essay draws connections between the lived experiences of international law and Jewish law, focusing in particular on (1) the centrality of practice, (2) the search for and construction of authority in communities of practice (the “invisible college”), (3) the challenges and opportunities of fragmentation and pluralism, and (4) the difficulty translating their methods to more state-like institutions, like courts and legislation. The hope is that this testimony of one of H.L.A. Hart’s primitive lawyers can provide a fuller, more textured picture of how law might operate or …