Digital Commons Network^™

Parens Patriae, Punishment, And Pandemics: The State’S Responsibility For Incarcerated Persons During A Public Health Emergency, Meredith Harrell

Journal of Law and Health

This article looks at the nation’s response to the COVID-19 pandemic since March 2020 and explores the commonalities and differences of states’ actions to protect their citizens, especially the most vulnerable populations. The article discusses the government’s obligations to jailees and prisoners during the COVID-19 pandemic and how incarcerated persons have been consistently failed by the institutions that are required to protect them. The article examines possible remedies for these governmental and institutional failings under the Eighth Amendment and § 1983 civil rights claims. Ultimately the article proposes that monetary damages would provide relief to incarcerated individuals and their families …

How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021, Ryan Jay Mcelhose

Journal of Law and Health

Michael Johnson or “Tiger Mandingo” as he referred to himself on social media, engaged in sexual acts with six different men, all of whom claimed that Michael lied about living with human immunodeficiency virus (HIV). As a result, the State of Missouri charged him with recklessly infecting a partner with HIV exposing or attempting to expose another with HIV. With contradictory trial testimony, no genetic fingerprint testing, and little to no questioning of his sexual partners’ credibility, the jury found Michael Johnson guilty of five felony counts which resulted in a 30-year prison sentence. Ultimately the Missouri Court of Appeals …

Core Principles Of Early Childhood Education Through The Lens Of California's Transitional Kindergarten Teachers And Administrators, Furwa T. Rizvi

Dissertations

California's public-school system recently introduced another grade level, Transitional Kindergarten, as an opportunity to offer universal access to early education for all 4-year-olds. Elementary school teachers and administrators must be well prepared to support and education these young children. This dissertation focuses on four key principles to ensure high-quality learning: Developmentally Appropriate Practices, Social and Emotional Learning, Dual Language Learning, and Early Intervention. To gain a better understanding of teacher and administrator perspectives on these core principles of early childhood education, a comprehensive survey was administered online, with a total of # teacher and # administrator respondents. Results indicate that …

Faculty And Administrator Perspectives On Campus Internationalization At Selected California State University And University Of California Campuses: Individual Efforts And Interconnected Roles, Parinaz Zartoshty

Dissertations

This explanatory mixed-method research study explored campus internationalization trends by examining the practices of faculty and administrators engaged in campus internationalization efforts at selected four-year public institutions in Northern California. Most survey respondents and interviewees recognized the importance of internationalization, prompted greatly by their own personal transformational “international” journey, making them identifiable champions who can assist in promoting internationalization efforts. Most maintained that the system and their individual institutions do not provide adequate incentives to those faculty who are not personally motivated to engage in international activities and acknowledged internationalization does not float to the top of priorities. In instances …

Student Engagement And Universal Design For Learning (Udl): A Community College Case Study, Candice R. Nance

Dissertations

Community colleges have a significant impact on education. The community college population includes some of the most vulnerable students who have the most to gain from educational attainment. The objective of this mixed-methods case study was to investigate the practical implications and impact of Universal Design for Learning (UDL) on student learning, engagement, and sense of belonging. Forty-nine students participated in this study from seven sections of an asynchronous introduction to business course at a California community college during the COVID-19 pandemic. Findings suggested that the UDL intervention increased students’ final grade percentages, exam scores, and group project scores while …

Modelling Enablers For Building Agri-Food Supply Chain Resilience: Insights From A Comparative Analysis Of Argentina And France, Guoqing Zhao, Shaofeng Liu, Yi Wang, Carmen Lopez, Nasiru Zubairu, Xiaoning Chen, Xiaotian Xie, Jinhua Zhang

Plymouth Business School

Smooth, efficient agri-food supply chain (AFSC) operations are becoming ever more difficult due to more intense and frequent natural disasters and man-made disruptions. Helping AFSCs to survive disturbances requires re-consideration of how to build their resilience. This study addresses this issue through a cross-country comparative analysis involving interviews with AFSC practitioners, thematic analysis to generate agri-food supply chain resilience (AFSCRes) capability factors, total interpretive structural modelling (TISM) to establish interrelationships among the factors, cross-impact matrix multiplication applied to classification (MICMAC) analysis to categorise the factors, and comparative analysis. The results reveal that contractual restraints regulating farmers’ opportunistic behaviour and regular …

Hublinked: A Curriculum Mapping Framework For Industry, Paul Doyle Phd, Cathy Ennis, Anna Becevel, Stephane Maag, Radu Dobrin Phd, Mojca Ciglarič Phd, Yunja Choi Phd, Alan Fahey, Deirdre Lillis

Irish Journal of Academic Practice

SMEs and Enterprise companies are looking for workplace-ready graduates that have already gained a relevant range of skills and knowledge as part of their studies. These include having specific proficiencies as well as a broad understanding of industry, including transferable skills such as self-awareness, critical thinking, teamwork, listening, time management, and leadership [1]. This demand entails a reciprocal relationship between industry and academia, which is one of many aspects that drives the need for solid collaborations between the two sectors [2].

When facing the recruitment process, however, SMEs and Enterprise companies often struggle to match their requirements to the learning …

Constitutive Loss Of Dnmt3a Causes Morbid Obesity Through Misregulation Of Adipogenesis, Ayala Tovy, Jaime M Reyes, Linda Zhang, Yung-Hsin Huang, Carina Rosas, Alexes C Daquinag, Anna Guzman, Raghav Ramabadran, Chun-Wei Chen, Tianpeng Gu, Sinjini Gupta, Laura Ortinau, Dongsu Park, Aaron R Cox, Rachel E Rau, Sean M Hartig, Mikhail G Kolonin, Margaret A Goodell

Faculty, Staff and Students Publications

DNA Methyltransferase 3 A (DNMT3A) is an important facilitator of differentiation of both embryonic and hematopoietic stem cells. Heterozygous germline mutations in DNMT3A lead to Tatton-Brown-Rahman Syndrome (TBRS), characterized by obesity and excessive height. While DNMT3A is known to impact feeding behavior via the hypothalamus, here we investigated a role in adipocyte progenitors utilizing heterozygous knockout mice that recapitulate cardinal TBRS phenotypes. These mice become morbidly obese due to adipocyte enlargement and tissue expansion. Adipose tissue in these mice exhibited defects in preadipocyte maturation and precocious activation of inflammatory gene networks, including interleukin-6 signaling. Adipocyte progenitor cell lines lacking DNMT3A …

Pragmatic Competence Of Complimenting Among Female Omani Efl College Students: A Sociolinguistic Study Pragmatic Competence Of Complimenting Among Female Omani Efl College Students: A Sociolinguistic Study, Rahma Al-Mahrooqi, Khalsa Al-Aghbari, Vijay Singh Thakur

Journal of Arts and Social Sciences

The importance of pragmatic competence in language teaching and learning has been highlighted in many studies; however, scarcity of such studies in the Omani context can be easily identified. The study investigates how female Omani higher education students express compliments in English and whether these are pragmatically, linguistically and communicatively appropriate. The research data were collected from 51 female college students through a response-based questionnaire containing 18 social scenarios to test their responses on the linguistic accuracy and pragmatic appropriateness of compliments. Native speaker’s ratings on these revealed that 61.02% of students’ responses were linguistically deficient and 23.96% pragmatically incompetent. …

The Asymmetric Relationship Between Foreign Direct Investment, Oil Prices And Carbon Emissions: Evidence From Gulf Cooperative Council Economies, Sania Ashraf, Jithin P, Zaghum Umar

All Works

We investigate the asymmetric nonlinear link between foreign direct investment, oil prices, and CO2 emissions for the Gulf Cooperation Council nations, using foreign direct investment and oil price data. As foreign direct investment is positively associated with carbon emissions in the long run and oil prices have positive, significant effects on CO2 emissions, our findings support the pollution-haven hypothesis. Furthermore, these variables have an asymmetric nonlinear relationship, which corresponds to the theoretical expectations of the pollution-haven hypothesis. We also find that negative changes in foreign direct investment have positive, significant impacts on carbon emissions in the short run, implying that …

Middle School Students Communicating Computational Thinking: A Systemic Functional Linguistics-Case Study Of Bilingual, Collaborative Teaching/Learning Of Computer Programming In Python, Jose Antonio Lecea Yanguas

Language, Literacy, and Sociocultural Studies ETDs

This dissertation presents the first Systemic Functional Linguistics-based analysis of the teaching/learning of computational thinking through computer programming and comprehensive analysis of discourse of a whole computer programming course at any educational level. The current educational research raises questions about the nature of authentic computational

vii

thinking teaching/learning environments and how they happen moment-to-moment. In one such environment, I examined the discourse of a facilitator, three students, and their Language Arts teacher in an introductory middle school after-school course (approximately 30 hours) in spring 2017 as students created a video in Python.

Methodologically, I show how a Systemic Functional Linguistics-based …

Textiles And The Portrayal Of Power: Figuring European-Ottoman Relations, 16th-17th Centuries, Kathryn A. Krocheski

University Scholar Projects

The exploration of the complex relationship between Tudor England and the Ottoman Empire in the sixteenth-century through Turkish textiles and motifs present in Tudor portraiture.

Essays On The Economics Of Conflict., Ranajoy Guha Neogi Dr.

Doctoral Theses

The thesis encompasses three chapters which provide policy-relevant insights into the domain of conflict economics. The research endeavour goes deep into exploring the underlying linkages of varied economic and non-economic factors (e.g., culture, religion and myriads of ethnic factors) leading to the multiple facets of economic outcomes. The analyses in the thesis, which fall in the realm of applied microeconomic theory, are facilitated by different tools of game theory and public economics. Although the focuses of these chapters lie in the domain of economics of conflict (and its policy implications under different situations), each chapter addresses the conflicts engendered in …

Inch - Unpacking Measurements, Pallavi Singh

Theses

While global efforts to close gender gaps have taken great strides in the past years, broad cultural views and social institutions still exist to place women at a subordinate level to men. It is a common scenario to trivialize a woman’s achievements or power in instances when she does not conform to gender norms taken as “a given” in a cultural context. A few elementary examples of such social inequality could include unequal pay at the workplace or menstruation in cultures where it is considered a defilement of a woman’s body instead of a female bodily process. In most of …

Phenomenological Study Of The Lived Experience Of New Graduate Nurses Caring For Hospitalized Patients Living With Dementia, Geline Buenconsejo

Dissertations

Title. Phenomenological Study of the Lived Experience of New Graduate Nurses Caring for Hospitalized Patients Living with Dementia.

Purpose. This study explored new graduate nurses’ lived experiences in caring for hospitalized patients living with dementia.

Background. The first twelve months of transitioning from student to professional nurse in acute care settings are the most stressful, emotionally challenging, and mentally exhausting for new nurses striving to apply newly acquired skills into practice. Some of the most challenging patients for nurses to care for are hospitalized patients living with dementia (PtLWD). With the projected increase in the number of patients with dementia …

Ontological Awareness In Food Systems Education, Colin C. Dring

The International Journal of Ecopsychology (IJE)

We review efforts in Sustainable Food Systems Education and Critical Food Systems Education literature to employ education in ways that seek social and environmental transformation of food systems. Here, we argue that forms of food systems education that are disconnected from awareness of their ontological roots are destined to reproduce the same food systems with the same consequences for life on Earth. This theoretical paper invites discussions that unpack “habits of being” underpinning modern/colonial conceptualizations of food system issues, transformation efforts, and pedagogies. We note the risk of reinscribing, within food systems education, specific onto-epistemological norms and values that are …

Administrative Appeal Decision - Dileonardo, Paul (2017-10-10)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Dileonardo, Paul (2019-08-23)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Pulliam, Dwayne (2018-01-25)

Parole Administrative Appeal Decisions

No abstract provided.

Art. 78 Petition - Fusl000114 (2018-02-06)

Art. 78 Petitions

No abstract provided.

Can Islamic Law Principles Regarding Settlement Of Criminal Disputes Solve The Problem Of The U.S. Mass Incarceration?, Amin R. Yacoub, Becky Briggs

Pepperdine Dispute Resolution Law Journal

The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.

A Reaction To Systemic Inaction: Breaking The Congressional Logjam Where It Counts, Nicholas W. Archibald

Pepperdine Dispute Resolution Law Journal

William Marshall proposed that congressional inaction threatening “the ability of the government to function” should be “subject to constitutional scrutiny.” This article is a response to Marshall’s proposal and offers a potential solution based on alternative dispute resolution rather than the courts. When faced with seemingly insurmountable differences, Congress must look to alternative dispute resolution to reach a breakthrough on critical issues. This paper proposes the creation of a Mediation Office to assist Congress in coming to these breakthroughs. This mechanism could also possibly intervene when the issue is between Congress and the President. Part II of this article will …

Indiana In The Midst Of #Metoo: The Argument For Enforcing Arbitration In Sexual Harassment Claims, Jonathan Cisneros

Pepperdine Dispute Resolution Law Journal

This note argues that it is in the best interest of sexual harassment victims and the state of Indiana to not follow suit in passing legislation that prohibits employers from requiring mandatory arbitration in sexual harassment cases. This is based on an analysis of the potential factors underlying Indiana’s current lack of legislative movement, the weight of the arguments for and against mandatory arbitration, and consideration of the preemption issues surrounding state laws banning mandatory arbitration. Part II sets the foundation for this note by laying out the most pertinent parts of the FAA and analyzing how the U.S. Supreme …

You Be The Judge: Analyzing When The Federal Arbitration Act's Judicial Review Standards Apply In State Court, Max Birmingham

Pepperdine Dispute Resolution Law Journal

This article addresses whether, when the Federal Arbitration Act (“FAA”) governs an arbitration, the FAA’s judicial review standards apply in state court and preempt application of different state law judicial review standards. This argument proceeds as follows: Part I provides an introduction. Part II analyzes the procedural reform intent of the FAA and why the statute seeks to standardize the arbitration process. Part III reviews the judicial review of arbitration awards as promulgated in Hall Street Associates, L.L.C. v. Mattel, Inc. Part IV reviews the generations of FAA cases which have been held to be preempted by SCOTUS. Part V …

"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova

Pepperdine Dispute Resolution Law Journal

Because the legislature and judiciary have failed to protect recording artists’ interests, this article proposes that engaging in collective bargaining will re-balance the bargaining positions of the major record labels and recording artists to create a mutually beneficial agreement that gives recording artists a termination of rights clause that mirrors section 203 of the 1976 Copyright Act. By contracting with a major record label, recording artists are automatically eligible for union membership to the Screen Actors Guild-American Federation of Television and Radio Artists union (“SAG-AFTRA”), who have experience negotiating other collective-bargaining agreements with these record labels. This agreement would provide …

Restricting Double-Hatting To Safeguard International Arbitrations, Yasaschandra Devarakonda

Pepperdine Dispute Resolution Law Journal

Double-hatting is when an individual plays the dual role of an arbitrator and a legal counsel—a concept first introduced by Professor P. Sands during an IBA conference in 2009. While it hampers the credibility of the arbitral process, its proponents oppose a complete prohibition reflecting on its benefits. The author hypothesizes that this issue has been inadequately addressed in international commercial arbitrations in juxtaposition to international investment arbitrations. Supporting this, the author introduces the concept, tracing its judicial landscape and scholarly discourse in investment arbitrations highlighting the need to adopt a similar approach in commercial arbitrations. Thereafter, the definition of …

Micro-Mediation: A New First Step On The Mixed-Mode Alternative Dispute Resolution Ladder In Higher Education, Joseph C. Alfe

Pepperdine Dispute Resolution Law Journal

Higher education is fraught with disputes on both a macro and micro level. In a broad sense, institutions of higher education serve as a focal point for many disparate cultures, economic strata, ages, genders, races, ideologies, and other societal influences, and concentrates them within an insular community. Such an amalgamation of humanity is bound to produce conflicts of all kinds. These disputes can range from the elementary to the criminal. Title IX of the Educational Amendments of 1972 governs disputes rising to the level of sexual harassment or discrimination and are updated by periodic agency updates disseminated through “dear colleague” …

Counterfeit Electronic Parts And The Lanham Act, Garrett Tozier

Journal of Technology Law & Policy

This Note addresses the potential conflicts between Congress’s intent in eliminating counterfeit electronic parts from the defense supply chain and the use of criminal penalties that rely upon the Lanham Act’s trademark principles to achieve these ends. Following the introduction, Part II discusses the defense supply chain and the pervasiveness of counterfeit electronic parts throughout it. Part III analyzes section 2320 in the context of related Lanham Act principles, along with relevant case law applying to government contractors trafficking in counterfeit goods. Part IV provides suggestions for implementing the section 818 regulations and introduces alternative theories of liability that could …

China's Internet Policies Within The Global Community, Omar Saleem

Journal of Technology Law & Policy

China is often perceived as a land of contradiction replete with economic opportunities and political authoritarianism. With many overlapping strategic interests, China has been described as a competitor and inevitable foe, not a strategic partner, to the United States. China perceives the United States as butting into Asian affairs. The U.S. perception is that China’s socio-economic, political, and legal infrastructures fail to protect the individual rights of Chinese citizens. Accordingly, the criticism is that China’s governmental violations of individual rights are copiously depicted in its controls over the Internet. Purportedly, the logic follows, that China’s governmental controls over the Internet …

Judicial Myopia: Correcting The Second Circuit's Analysis In John Wiley & Sons, Inc. V. Kirtsaeng With Historical And Economic Lenses, Tyler Lefevre

Journal of Technology Law & Policy

No abstract provided.