Digital Commons Network^™

Foreign Detainee Operations Post 9/11: An Example Of The United States’ Ethical Compromise, Seth Longstreth

Honors Theses

Abstract: After 9/11, the United States government issued a series of policies that allowed tortuous interrogations to extract actionable information. After being a member of the Geneva Conventions and the Convention Against Torture, the U.S. directly defied these international treaties purely because it suited their interests during the retaliation against al-Qaeda. This paper seeks to address the lack of accountability that was present in the Bush administration and supporting departments while attempting to draft doctrine that capitalized on the subjectivity of torture laws, as well as the implications these actions have on the nation. This research takes a multi-case study …

The Rise Of Corporate Guidelines In The United States, 2005-2021: Theory And Evidence, Asaf Eckstein

Indiana Law Journal

Institutional investors are legally obliged to be faithful stewards of their portfolio companies. Yet, the conventional wisdom among commentators is that institutional investors have failed to perform this obligation because they are not incentivized to make adequate investments in corporate governance. This Article contends that this criticism is based on an incomplete analysis that misses a critical aspect of the operation of institutional investors. The critics focus exclusively on institutional investors’ efforts in actively engaging with the managements of their portfolio companies. They ignore, however, an important passive governance tool that institutional investors routinely use: corporate guidelines. Corporate guidelines are …

Levels Of Free Speech Scrutiny, Alexander Tsesis

Indiana Law Journal

Inconsistencies abound throughout current exacting, strict, and most exacting scrutiny doctrines. Formalism also runs throughout recent cases that have opportunistically relied on the First Amendment in matters peripherally concerned with core principles of free speech. Jurisprudence that relies on the exacting scrutiny standard remains significantly under-theorized. The uncertainty creates doctrinal flux that shifts from case-to-case. The same unexplained malleability appears in the most exacting scrutiny jurisprudence. The Court, moreover, sometimes refers to these two standards as equivalent to strict scrutiny. On the other hand, during the last decade, and most recently in 2021, various opinions have also used exacting scrutiny …

Police Reform In California: Preventing “Bad Apples” From “Spoiling The Whole Bunch”, Joshua P. Jendian

University of the Pacific Law Review

No abstract provided.

Comparison Of Sports Medicine Questions On The Orthopaedic In-Training Examination Between 2009 And 2012 And 2017 And 2020 Reveals An Increasing Number Of References, Brandon Klein, Mark Lagreca, Peter B. White, Robert Trasolini, Randy M. Cohn

Orthopedic Surgery Resident Research

Purpose

To provide an updated analysis of the sports medicine section of the Orthopedic In-Training Examination (OITE).

Methods

A cross-sectional review of OITE sports medicine questions from 2009 to 2012 and 2017-2020 was performed. Subtopics, taxonomy, references, and use of imaging modalities were recorded and changes between the time periods were analyzed.

Results

The most tested sports medicine subtopics included ACL (12.6%), rotator cuff (10.5%), and throwing injuries to the shoulder (7.4%) in the early subset, while ACL (10%), rotator cuff (6.25%), shoulder instability (6.25%), and throwing injuries to the elbow (6.25%) were the most common in the later subset. …

Caremark’S Climate Failure, Andrew W. Winden

UC Law Journal

Unless U.S. corporations take steps to harden their assets against natural disasters exacerbated by climate change and prepare for the transition to a zero-carbon economy, they face the prospect of catastrophic risk to their assets and market values, damaging both shareholders and, particularly where there are systemic effects, society at large. But surveys indicate that directors of American corporations do not view climate change as an important focus for their boards. In contrast, directors in Australia and Canada consider climate change one of the top two priorities for their governments and one of the top challenges for their companies. Different …

The Collapse Of Alice’S Wonderland: Mayo’S Faulty Two-Step Framework And A Possible Solution To Patent-Eligibility Jurisprudence, Philip Hawkyard

UC Law Journal

In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court established a two-step framework to determine whether a supposed invention that involves a “natural law” can be a patent-eligible subject matter. Two years later, the Supreme Court extended this framework in Alice Corp. v. CLS Bank International to “abstract ideas,” and cemented the framework as the test to determine patent-eligible subject matter. Recent cases demonstrate that this framework has collapsed from a two-step inquiry into a one-step inquiry, leading to bizarre results and legal uncertainty. This Note examines why the Mayo framework should never have been extended to abstract …

Phys 212

Department of Physics and Astronomy: Syllabi

No abstract provided.

Water Current, Volume 55, No. 1, Spring 2023

Water Current Newsletter

No abstract provided.

How Many More Brazilian Environmental Defenders Have To Perish Before We Act? President Lula's Challenge To Protect Environmental Quilombola Defenders, Sarah Dávila A.

William & Mary Environmental Law and Policy Review

The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and environmental harm. One of those populations are Quilombolas. Quilombolas are Brazilian Afro-descendant communities who continue to fight to protect their community rights to ancestral lands, natural resources, and survival as a people. The Brazilian government under former Brazilian President Bolsonaro engaged in a persistent and systematic campaign to target, attack, and kill defenders, including Quilombola …

Disability And Transnational Arbitration: Human Rights Linkages And Reasonable Accommodations, Ilias Bantekas

William & Mary Business Law Review

Disability intersects with arbitration as regards the mental capacity of a party to enter into an arbitration agreement, the appointment of arbitrators with disability and grounds for removal thereof, accommodations during arbitral proceedings for arbitrators and counsel with disabilities, as well as the costs for all appropriate accommodations. This Article demonstrates that the right to a fair trial, which is universally recognized in arbitration, dictates that parties and arbitral institutions be free to select arbitrators of their choice, and no impediments may be imposed against arbitrators with disabilities other than that they are able to fulfill the functions of their …

Impediments To Renewed And Reinvigorated Antitrust Enforcement, Edward D. Cavanagh

William & Mary Business Law Review

Antitrust Division head Jonathan Kanter recently proclaimed that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun.” Federal enforcers have indeed been active; the DOJ has sued Google in two separate actions, and the FTC has brought an action against Facebook.

While bringing these cases is an important first step to achieving a more robust antitrust enforcement regime, a significant obstacle to an antitrust renaissance remains—overcoming the strong gravitational pull of Chicago School theory that has dominated antitrust thought for the past half-century. Chicago School principles have not kept …

Sites Of Peace And Pain: The Black Grandmother Figure In Toni Morrison’S Beloved, Jazz, And Sula, Alexus Joannea Ray

Theses and Dissertations

This thesis examines how Toni Morrison captures the genuine lived unique experiences of Black grandmothers and their granddaughters throughout her novels and specifically in Beloved, Jazz, and Sula. My analysis takes a closer look at the complications behind Morrison’s grandmothers in order to demonstrate that, while she is strong, supportive, and family oriented, the Black grandmother figure can also be a person of peril. The main characters, Denver, Violet, and Sula must come to terms with the contradictions of strength and sacrifice that the novels insist are better left in the past. Drawing on Morrison scholarship and Black women’s …

Ideologies Of Race, Gender, And Religion In Pronunciation Perception At Evangelical Esl Programs, Ruthanne Joy Wenger Hughes

Theses and Dissertations

Nonnative English speakers are often judged based on their accent, but accent is perceived as well as produced. Race, gender, and religion interact to create complex and nuanced figures of personhood (Agha, 2005) impacting teachers' perceptions of students. Teachers' individual differences, including language proficiency, exposure to language, and previous training, also affect pronunciation ratings (e.g., Kang, 2008, 2012; Kang & Rubin, 2009). This dissertation investigated English as a second language teachers at evangelical English programs in South Carolina, addressing how teacher backgrounds interacted with institutionally circulating ideologies of race, gender, and religion, and these factors' impact on ratings of student …

Advancing The Engineering Workforce By Enhancing Diversity, Equity, And Inclusion In The Engineering Classroom, Phoneia Hughes Myers

Theses and Dissertations

Society’s dependence on engineered products is steadily increasing. This dependence requires the engineering workforce to continually innovate and design new advancements. In pursuit of this, engineering employers are implementing diversity, equity, and inclusion initiatives to attract prime candidates and retain employees. For employers to achieve the goals of their initiatives, engineering colleges and universities must produce a diverse pool of graduates. The purpose of this thesis report is to investigate how the diversity, equity, and inclusion concept can be implemented into engineering education to assist with producing diverse graduating classes. A universal methodology is proposed to provide a roadmap on …

Multisensory Phonics Instruction In Struggling Readers, Amanda M. Dixon

Theses and Dissertations

This paper describes a problem of practice that arose from a lack of consistent, systematic phonics instruction within a small rural school with a large percentage of students not mastering skills in a way that builds the needed foundation for reading. To address this problem, action research was conducted through a mixed methods approach to determine the impact of multisensory Orton-Gillingham based reading instruction on a small population of students’ phonetic development and how this specific type of instruction affected their attitudes about reading. In an attempt to collect quantitative data, this study was guided by two research questions: How …

Blurred Lines: An Analysis Of Karel Husa's Music For Prague, 1968 Using Fuzzy Serialism, Sydney Wilson

Glenn Korff School of Music: Dissertations, Theses, Student Creative Work, and Performances

The wind band work Music for Prague, 1968 by Karel Husa is a well-respected work that has withstood the test of time. Husa, a native of then-Czechoslovakia, composed the piece in less than a year from the United States. The piece serves as a method of expressing his feelings regarding the invasion of his homeland where his family was still residing. Husa accomplished this expression through the use of a nationalistic theme, the Hussite War Song, and his own integration of twelve-tone serialism.

This study looks at pre-existing literature surrounding Husa’s use of serialism, including an analysis by Husa himself. …

Lafayette, The Thinker, Anna Trull

Armstrong Undergraduate Journal of History

Between 1775 and 1834, the Marquis de Lafayette played a role in the ongoing development of both the American and French Revolutions. Most previous scholarship about Lafayette highlights his military activities as a major-general in the American Revolution and as General of the National Guard of Paris in the French Revolution. This paper examines Lafayette’s draft of the Declaration of the Rights of the Man and of the Citizen, a list of enslaved peoples that were chosen for Lafayette’s experimental plantation in French Guiana, Lafayette’s membership in the Society of the Friends of Blacks, and letters between Lafayette and America’s …

Explicit Instruction In A Second Grade Picturebook Author Study, Ted Kesler

Publications and Research

sing the Learning by Design multiliteracies framework, writing workshop was transformed into composing workshop. The researcher worked with a team of four second grade teachers in an urban public elementary school to redesign their Kevin Henkes author study to equally value art and design, guiding their students in creating their own narrative picturebooks. The researcher addresses the following two research questions: 1. What explicit instructional practices did the teachers enact? 2. What influence did these explicit instructional practices have on the second graders’ composing work? The researcher applied cross-case analysis, first to create an inventory of explicit instructional practices, and …

Membership Annual Report 2022/23, Membership Committee

Membership Committee

No abstract provided.

Steering Annual Report 2022/23, Steering Committee

Steering Committee

No abstract provided.

Student Affairs Annual Report 2022/23, Victor Berberi

Student Affairs Committee

No abstract provided.

Res Historica, Volume 2, Lynneth Miller Renberg Phd, Alpha Rho Epsilon Phi Alpha Theta

Res Historica

The 2023 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lynneth Miller Renberg. Johnathan Sorce, and Helen Smith. Cover art for this volume by Helen Smith.

Drselects: Alejandra Poblete Pérez On Early Drs Conference Proceedings, Alejandra Poblete Pérez

DRSelects

No abstract provided.

Experimentation On Nebraska Farms For Sustaining Soil Health Management, Fernanda Souza Krupek

Department of Agronomy and Horticulture: Dissertations, Theses, and Student Research

Soil health management practices have increasingly been promoted across US agroecosystems to address many interrelated environmental and economic food system challenges. Sustaining conservation behavior – through farmer’s adoption and continued use of practices – is key for achieving many soil health-related intended social-ecological benefits. Using a range of scientific methods, from lab-based experiments to on-farm research to farmer interviews, the overall objective of this dissertation research was to explore soil and human dimension considerations to design farming and knowledge transfer systems for sustaining soil health management in the US Midwest. In a multivariate analysis of ten on-farm research sites, we …

Ketorolac: To Bleed Or Not To Bleed? That Is The Question, Elisabeth E. Stewart

Nurse Anesthesia MSNA Student Capstones

Ketorolac is a readily available, inexpensive, moderate to severe pain management adjunct. As opioids lost favor, ketorolac gained popularity, as an opioid-sparing alternative (Corsini et al., 2021). Anecdotally, surgeons have been resistant to intra-operative intravenous ketorolac due to perceived bleeding risks. As such, this review seeks to evaluate the literature to determine whether ketorolac administration is associated with clinically significant bleeding in adult breast surgery patients. The results demonstrated conflicting evidence for ketorolac use. No literature has established a causal relationship between ketorolac and clinically significant bleeding. Future research avenues include geriatric, pediatric, labor and delivery, dosing, and randomized control …

Serving Together: A Phenomenological Study Of The School Resource Officer And Principal Partnership, Eric Nelson

School of Education and Leadership Student Capstone Theses and Dissertations

Nelson, E. (2023). Serving Together: A Phenomenological Study of the School Resource Officer and Principal Partnership The increased presence of school resource officers (SROs) in schools places them in direct contact with school principals. This study examined how SROs and principals in six Minnesota public secondary schools describe their partnership. Data was collected using a series of semi-structured interviews between pairs of partners representing rural, suburban, and urban school districts. Participants identified challenges related to a lack of partnership vision, role clarity, and critical preparation and training prior to partnering. Participants reported that their partnership increased the sense of safety …

Nonprofit Political Engagement: The Roles Of 501(C)(4) Social Welfare Organizations In Elections And Policymaking, Margaret A. Post, Elizabeth T. Boris

Sustainability and Social Justice

This paper provides a framework for understanding the role of member-based, politically active 501(c)(4) social welfare organizations in U.S. civil society. Tax-exempt social welfare (501(c)(4)) organizations make up the second largest group of nonprofit organizations in the United States. Among them are a mix of membership organizations, social clubs, professional associations, and advocates that are permitted to lobby and engage in partisan political activities. Informed by the literature, case study research, and a dataset of politically active 501(c)(4) organizations, we identify categories of politically active (c)(4) organizations involved in electoral and policy change actions including national advocacy organizations, local and …

The Dwelling Places Of Israel: Historical Ashkenazi Migration And Settlement, Eliott Buyce

Honors Projects

Ashkenazi Jews hold a unique place in the history of Europe and the United States resulting from maintaining a distinct religion and culture while often facing legal restrictions and violent persecution. Both the legal restrictions and frequent violence have forced Jews to live in segregated spaces to differing extents depending upon where and when. Understanding the changes in such spaces over time offers a glimpse not only into Jewish history, but also into how communities deal with limitations on their civil liberties, take measures to protect themselves, integrate with surrounding cultures, and create a place for their religion and culture …

The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl

Faculty Publications

This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.