Digital Commons Network^™

Less Is More?: Accountability For White-Collar Offenses Through An Abolitionist Framework, Pedro Gerson

Faculty Scholarship

White-collar crime is underenforced: not enough cases are brought, not many convictions are secured, and when they are, those who were convicted usually benefit from leniency not seen in other kinds of criminal wrongdoing. Calls for accountability center on strengthening the traditional tools of criminal law enforcement to reach actors that have so far eluded criminal liability. These responses, however, risk further entrenching the systems that have led the United States to mass incarceration and its many real and tangible harms. In this Article, I question whether an abolitionist framework is possible for white-collar crime. First, I argue that given …

Gender-Based Religious Persecution, Pooja R. Dadhania

Faculty Scholarship

People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.

The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …

Using A “Bystander Bounty” To Encourage The Reporting Of Workplace Sexual Harassment, Jessica K. Fink

Faculty Scholarship

Sexual harassment has become a fact of the modern workplace – something that society laments and regrets, but that rarely shocks the conscience when it comes to light. In fact, both the least and most surprising aspect about workplace sexual harassment is the number of individuals who are aware of it occurring: For every Harvey Weinstein, Matt Lauer, and Louis CK, there have been countless observers who knew about their depravity and who did nothing to stop their behavior. In this way, one obvious approach for reducing harassment at work seems clearly to involve mobilizing these bystanders – encouraging those …

Contribution Of Adaptive Immunity To Human Copd And Experimental Models Of Emphysema

Faculty, Staff and Students Publications

The pathophysiology of chronic obstructive pulmonary disease (COPD) and the undisputed role of innate immune cells in this condition have dominated the field in the basic research arena for many years. Recently, however, compelling data suggesting that adaptive immune cells may also contribute to the progressive nature of lung destruction associated with COPD in smokers have gained considerable attention. The histopathological changes in the lungs of smokers can be limited to the large or small airways, but alveolar loss leading to emphysema, which occurs in some individuals, remains its most significant and irreversible outcome. Critically, however, the question of why …

A Historical Evaluation Of The Position Of The United States On Genocide Designations: Framing Implications For Xinjiang, Marley Taylor Belanger

Graduate Capstone Projects

This paper evaluates the historical stances of the United States with the international norm against genocide. It further examines how U.S. positions in precedent cases of genocide may help frame the U.S. response to the current crisis in Xinjiang, China. This paper reviews the historical record of the instances when the U.S. government has designated past atrocities to be considered genocides, and identifies patterns of continuity and change in the decision-making process of the U.S. This work then applies the theories of liberalism, constructivism, and realism to interpret the actions of the United States when deciding to recognize genocide formally. …

Through Thin And Thick: Comments, Daniel Markovitz

Connecticut Journal of International Law

No abstract provided.

The Exclusionary Effect Of Multilateral Global Tax Reforms And The Plight Of Developing States, Alexander Ezenagu, Ilias Bantekas

Connecticut Journal of International Law

Countries have come to accept the wide application of international tax rules in both their domestic and international tax affairs. However, where international tax rules fall short of the legitimate expectations of states and fail to provide necessary guidance, impacted states may be compelled to seek other sources of guidance. In this paper, we argue that in the absence and failure of international tax rules to provide adequate guidance and encourage a fair tax system, states should not be prevented from exercising their fiscal sovereignty and submit themselves to new rules and a new sovereign. These observations come in the …

Stuck In The Past? Rumination-Related Memory Integration, Paula T. Hertel, C. Wahlheim, William A. Price, Emily M. Crusius, Christina L. Patino

Psychology Faculty Research

Memories connected to ruminative concerns repetitively capture attention, even in situations designed to alter them. However, recent research on memory updating suggests that memory for benign substitutes (e.g., reinterpretations) might be facilitated by integration with the ruminative memories. As a first approach, two experiments (Ns = 72) mimicked rumination-related memories with rumination-themed stimuli and an imagery task. College undergraduates screened for ruminative status first studied and imaged ruminative cue-target word pairs, and then in a second phase they studied the same cues re-paired with benign targets (along with new and repeated pairs). On the test of cued recall of …

Connections Through Contrast The Built Environment Embracing Art Exhibition, Josilyn Welch

Capstone Projects

An emotionally immersive experience within a museum setting can foster feelings of belonging, engagement, exploration, understanding and connection. Providing an environment where empathetic immersion can be achieved through physical, psychological, and social enablers lead to transformative experiences for the visitor. To promote physical, psychological, and social enablers within the museum setting to promote empathetic immersion within its visitors, this museum will consider the following strategies:

Physical Enablers: The museum space will address physical enablers by including environmental features such as diverse opportunities for seating, immersive lighting techniques, and curated finish selections for individual exhibit spaces as well as interactive displays …

Please Wait: Re-Defining The Waiting Experience Through Design, Kedzie Rutan

Capstone Projects

Waiting is an unavoidable part of the commercial flying experience. From checking into the airport, navigating through the maze of security checkpoints, to checking personal belongings, every traveler experiences the ritual of waiting.

While airports aid in assisting travelers from one destination to another, airport designs and programs risk being too vast to understand differences in user sensitivity.Cultivating customer satisfaction presents a challenge in the context of air travel. The unfamiliar environment, noise levels, large crowds, long lines and changes in routine are inherent in the airport journey and can be anxiety-provoking for travelers.

Airport waiting areas are often designed …

Nation Branding Through Sports: The Impact Of Qatar’S Ownership Of Paris Saint-Germain (Psg) On Qatar’S Image By French Soccer Fans, Matthieu Bocquet, Vassilis Dalakas

Atlantic Marketing Journal

This study examined how French soccer fans perceive Qatar which owns French club Paris Saint-Germain (PSG). It compared perceptions of the country among PSG fans, fans of PSG’s rival club Olympique Marseille (OM), and fans of other French clubs. Furthermore, it examined how fans’ identification with PSG or its rival OM moderated their perceptions of Qatar. PSG fans had more favorable perceptions than the other fans and highly identified PSG fans had more positive perceptions than low-identification PSG fans. However, rival fans did not have more negative perceptions than the other fans and there was also no difference between highly …

Validation Of The Occupational Depression Inventory In Brazil: A Study Of 1,612 Civil Servants, Renzo Bianchi, Danísio Calixto Cavalcante, Cristina Queirós, Blezi Daiana Menezes Santos, Jay Verkuilen, Irvin Sam Schonfeld

Publications and Research

Objective: The Occupational Depression Inventory (ODI) assesses work-attributed depressive symptoms. The ODI has demonstrated robust psychometric and structural properties. To date, the instrument has been validated in English, French, and Spanish. This study examined the psychometric and structural properties of the ODI's Brazilian-Portuguese version.

Methods: The study involved 1612 civil servants employed in Brazil (MAGE = 44, SDAGE = 9; 60% female). The study was conducted online across all Brazilian states.

Results: Exploratory structural equation modeling (ESEM) bifactor analysis indicated that the ODI meets the requirements for essential unidimensionality. The general factor accounted for 91% of the common variance extracted. …

Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher

All Faculty Scholarship

This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …

What Does The Current Research Say About Effective Strategies For Teaching Reading Fluency?, Talia E. Dewitte

Honors Thesis

Reading fluency, a person’s ability to read with speed, accuracy, and prosody, is one of the five major dimensions of reading instruction. Effective reading fluency instruction is crucial to the success of developing readers. The ability to read fluently directly impacts the ability to engage in other reading skills, as instruction with reading fluency is often integrated with skills such as reading comprehension and phonics. There are a plethora of evidence-based strategies for teaching reading instruction. While these strategies vary the delivery of instruction or materials needed, they all share a foundation of thorough research and continued efficacy in the …

Humor In Western European Instrumental Music: How Humor Works, Its Usage Over Time, And Accessible Teaching Strategies, Hunter K. Thompson

Senior Theses

This research’s purpose was to examine the perception of humor, both generally and musically, and to provide an overview of how humor has been incorporated into Western European instrumental music from the Medieval Age to the 20th century. In order to evaluate this, the researcher conducted a listening survey to gauge how well college music majors perceive humor in instrumental music. The survey consisted of eleven total listening excerpts approved by the Music History faculty at the University of South Carolina School of Music. Nine excerpts were coded humorous, and two excerpts were coded non-humorous for control. There was a …

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

Tapas And The Hero(Ine)’S Journey: The Inner Fire Of Transformation, Stephanie Spence

LMU Theses and Dissertations

This thesis offers an expository examination of the intersection of yoga’s modern tapas (austerity) practice and the framework of storytelling, contrasting and comparing these two ideals, by exploring the evolution of the term tapas and uncovering how it is mirrored by the hero(ine)’s journey identified by Joseph Campbell and other scholars. For humanity to evolve into a higher state of self-awareness and create a world where peaceful co-existence is possible, individuals must embark on an inner journey. Through this journey, our inner world evolves, which in turn can lead to more enlightened behavior and contribute to a more harmonious global …

Employed Desistance: Identifying Best Employment-Focused Interventions And Practices For Gang Desistance, Jacob Fergen Albert

LMU Theses and Dissertations

This study examined those employment-focused interventions (services, programming, mentorship, other supports) most effective in supporting an individual’s desistance from gang involvement. Utilizing a qualitative approach (interviews, document analysis and nonparticipant observation), this study engaged with individuals and organizations involved in the critical work of gang desistance to learn what makes their practices most effective. The criticality of gang desistance work lies in its efforts to address the thousands of lives continually lost each year as a result of gang-involvement and activity. Where gangs exist in cities, towns and communities across the country (and world, for that matter), the approaches of …

Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez

Honors Program: Senior Projects (Public)

In accordance with Rule 29 of the Federal Rules of Appellate Procedure, this amicus curiae is submitted in the defense of Walsh and the Department of Labor in releasing the prudence and loyalty in selecting plan investments and exercising shareholder rights rule in November of 2022. These brief mainly focuses on the arbitrary and capricious standard, the major questions doctrine, and the legal standing the Department of Labor has to issue rules that apply to the Employee Retirement Income Security Act of 1974.

Effects Of Habitat And Temperature On Reproductive Success Of Fucus Distichus In Central California, Acy E. Wood

Capstone Projects and Master's Theses

Rapid changes in environmental climate trends have influenced the temperature and salinity of marine ecosystems across the globe. This ongoing shift is predicted to have implications for the reproductive success of species that are integral to both the generation and identity of their ecosystem; namely, foundation species. Coastal marine foundation species, such as macroalgae, are expected to experience drastic environmental changes. Of particular interest to central Californian shores is the foundation species Fucus distichus (Family Fucaceae). This alga serves as a community builder residing in the upper intertidal throughout the Northern Hemisphere. While F. distichus residing within San Francisco Bay …

Accurately Valuing Blue Carbon Sequestration And Storage To Foster Coastal Conservation Via Evidence-Based Policymaking And Model Environmental Services Statute Methodologies, John Shelton Penton Jr

LSU Doctoral Dissertations

Blue carbon ecosystems, especially mangrove forests, provide one of nature’s most effective means for sequestering carbon from the atmosphere and storing it in subsurface soils. The six nearshore coastal morphologies found in tropical and subtropical regions each possess a conspicuous environmental signature that can be employed to accurately estimate and predict mangrove forests’ carbon storage in above-ground biomass, below-ground biomass, and the soils by system type. The consistent geomorphology and geophysical processes within each of these coastal environmental settings, that is, the wave and tidal forcings, the rate of coastal sediment accretions, nutrient load and limitations (e.g., nitrogen-to-phosphorus …

A Systematic Review Of Research On Race In Rural Educational Scholarship Since 2001, Timberly L. Baker, Joy Howard, Amy Swain

The Rural Educator

This systematic review of literature on race in rural educational scholarship addresses the research question: 1) How are race and racism typically represented (defined, discussed) in rural education literature? a) What factors have been explored at length in regard to race and racism? b)Where are the predominant gaps in the research literature? In answering these questions we reviewed literature published in three rural education journals from 2001-2022 and used a systematic approach to the data collection, extraction, and analysis. The overall findings about race yielded four themes: Race as– descriptor, located within a racial hierarchy, socially constructed, and an element …

The Perceived Impact Of The New Rules Regarding Name, Image, And Likeness (Nil) In Intercollegiate Sports, Sam Fullerton, Ron Wade, Ronald Dick, Michael Mccall

AMTP Proceedings 2023

New rules allow college athletes to earn significant income from a multitude of activities common among professional athletes. These activities include allowing athletes to profit from the sale of intellectual properties that bear their name, image, or likeness (NIL); additional opportunities include blogs, social media posts, camps, and autograph sessions. Early perceptions of the impact of these new NIL rules have been far from unanimous. A sample of 404 students from five American universities provided feedback regarding their perceptions of nine NIL-related considerations: the impact that the new NIL rules have had on college sports, if the athletes benefit, whether …

Religion And Dress Code Among Muslim, Christian, And Jewish Women In The Middle East And North Africa, Hannah Rodrigue

Honors Capstones

No abstract provided.

Active Cyber Defense In The Healthcare Sector, Evelyne Diaz Araque

School of Professional Studies

The healthcare industry is a vulnerable sector when it comes to cybercrime. To date, it continues to suffer the highest losses for twelve consecutive years (IBM, 2022). As care- providing systems depend more and more on technology, information assets become an appealing target for cyber criminals. Health data often contains sensitive and identifiable information such as full names, addresses, phone numbers, emails, Social Security Numbers, etc. All these falls under the term Personal Identifiable Information (PII) which are protected by many laws and acts with the purpose of protecting one’s privacy from harms such as identity theft and other fraudulent …

0891: Jean Edward Smith Collection, 1916-2015, Marshall University Special Collections

Guides to Manuscript Collections

Jean Edward Smith was a noted biographer and the John Marshall Professor of Political Science at Marshall University. He graduated from Princeton University and earned a Ph.D. from Columbia University. For more than thirty years, he was a professor at the University of Toronto. His biographical subjects included Lucius D. Clay, George W. Bush, Dwight Eisenhower, Ulysses Grant, John Marshall, and Franklin D. Roosevelt. Smith won the 2008 Francis Parkman Prize for his biography of Roosevelt and was the 2002 finalist for the Pulitzer Prize in Biography or Autobiography for Grant. Jean Edward Smith died on September 1, 2019.

Materials …

Virtual Patient/Family Communication In The Acute Care Setting, Kathleen Defigueiredo

Translational Projects (Open Access)

Patient and family-centered care strategies see patients and families as valuable healthcare team members. Such strategies thus treat these groups as essential clinical partners in providing safe, high-quality care. Participation, collaboration, and shared decision-making are central to this framework. Historically, hospitals have relied on physical presence at the bedside as a prerequisite to engaging families in the shared decision-making process. Visitor restrictions of the COVID-19 pandemic removed the primary strategy for family participation: physical presence. Healthcare organizations rapidly deployed mobile devices to help minimize the exposure of healthcare providers and provide video visits for family members. This deployment was often …

Rural America As A Commons, Ann M. Eisenberg

University of Richmond Law Review

With many ready to dismiss non-urban life as a relic of history, rural America’s place in the future is in question. The rural role in the American past is understandably more apparent. As the story of urbanization goes in the United States and elsewhere, the majority of the population used to live in rural places, including small towns and sparsely populated counties. A substantial proportion of those people worked in agriculture, manufacturing, or extractive industries. But trends associated with modernity—mechanization, automation, globalization, and environmental conservation, for instance—have reduced the perceived need for a rural workforce. Roughly since the industrial revolution …

Enhancing Rural Representation Through Electoral System Diversity, Henry L. Chambers Jr.

University of Richmond Law Review

Rural Virginians face disparities in outcomes regarding healthcare, access to important infrastructure, and other services. Some disparities may be related to rurality. The sparseness of population in rural areas may limit the sites where people may access services, triggering the need to travel significant distances to obtain goods and services in such areas. Limited access may lead to disparities even when the quality of goods and services in rural areas is high. The disparities affect all rural Virginians, but disproportionately affect rural Virginians of color. The causes of the disparities are complex and myriad, and may be based on race, …

With A Wink And A Nod: How Politicians, Regulators, And Corrupt Coal Companies Exploited Appalachia, Patrick C. Mcginley

University of Richmond Law Review

Environmental regulators treated America’s leading coal companies like Wall Street’s mismanaged banks leading to the “Great Recession”—big coal companies that produced millions of tons of coal were simply too big to fail. With a wink and a nod, federal and state regulators ignored a core provision of federal law that was intended to prevent coal companies from continuing their past practices of plundering Appalachia’s mineral wealth while ravaging her environment.

This Article examines how the coal industry successfully evaded compliance with that law. The consequences of this evasion include mass bankruptcies, thousands of acres of mined land laying unclaimed, …