Pretrial and Error: The Use of Statements Inadmissible at Trial in Preliminary Proceedings

This Note argues that a “criminal case,” as provided by the Fifth Amendment, begins with the initiation of adversarial judicial criminal proceedings, whether that commencement occurs through a formal charge, a preliminary hearing, indictment, information, or arraignment. A broad understanding of the Fifth Amendment’s scope aligns with the Second, Seventh, Ninth and Tenth Circuits’ analysis. In particular, this Note endorses the in-depth analysis provided by the Tenth Circuit in its determination that a “criminal case” under the Fifth Amendment includes preliminary proceedings. This Note further offers an analysis of past Supreme Court precedent as well as policy rationales that support a more liberal understanding of “criminal case.

Validating Students\u27 Diverse Identities

Recognizing and appreciating students’ identities is important for learning and feelings of academic empowerment. The ways in which we can amplify students feeling validated is by being responsive to their needs and respecting who they are both inside and outside the classroom. The ways students may feel invalidated are by perpetuating the power dynamics between student and teacher, disregarding students’ mental health, and engaging in inflexible standards. Students may feel more able to take on the difficulties of academia when we help them take a strengths-based approach to who they are

A Prescriptive Criterion for Amphibious Foundation Design

Flooding is the most frequently occurring natural disaster in the United States and worldwide (FEMA, 2004). Each year, when major flooding ravishes communities, residents are put in danger and often displaced from their homes and jobs for several weeks or months, if not more. The use of amphibious structures as a flood risk mitigation technique has currently only been implemented in individual or small-scale development. Information on the structural design of such buildings is limited and most of the current knowledge regarding amphibious structures is presented in architectural applications. The primary objective of this research is to develop a prescriptive approach to the structural design of a dual-foundation system for an amphibious structure which will float under flooded conditions. The research and example design problem presented herein provide a prescriptive criterion outlining how to simultaneously achieve a buoyant condition and structural stability, which restricts movement in the three degrees of rotation and the lateral movements in the surge and sway directions, while freeing the heave motion to the degree of rising and receding floodwaters. This prescriptive approach outlines the determination of site-specific flood risk; structural and architectural design considerations, use of applicable equations and calculations; and interpretation of the design results. The long-term goal of this prescriptive criteria is such that it can be replicated in any new construction project, regardless of building size or orientation. Additionally, a theoretical loss avoidance study was conducted and reinforced the notion that wide-scale implementation of amphibious structural design in regions with a high flood inundation risk would yield a high return on investment in the event of a major flood

Identifying Teacher and Parental Communication Methods That Could Impact Elementary School Educational Outcomes

Developing and sustaining positive partnerships between parents and educators is a collaborative process whose primary focus should be directed towards student achievement. Due to ongoing educational reform, more researchers and practitioners are concerned about the quality of communication between parents and teachers. The importance of this issue should be addressed to provide an understanding between schools and parents of the impact that communication can pose on student outcomes. The purpose of this applied study was to identify teacher and parental communication methods that could impact educational outcomes at Bayou Elementary School (pseudonym) in northwest Louisiana. This study implemented a multimethod design to include qualitative and quantitative thematic analysis of parents, teachers, and administrators from Bayou Elementary School. Participants including teachers, administrators, and parents were selected based on those who work at Bayou Elementary School or whose children attend Bayou Elementary School. Qualitative data was collected through an informal interview and online focus groups. The data was analyzed using NVivo software to identify common themes using frequency tables. Quantitative data was collected through an online survey database. The data was analyzed using a frequency table, percentages, and graphs to find themes. The results were used to identify areas of improvement in communication at Bayou Elementary School. Recommendations based on the results of the study were provided to the school administration

CoopeTárcoles, Costa Rica. Equator Initiative Case Study Series

The artisanal fishers of the community of Tárcoles, located in the Gulf of Nicoya on the Pacific coast of North America (Central America)-Costa Rica; faced declining fish stocks due to a combination of overharvesting by commercial shrimp boats and unsustainable local fishing practices. At the same time, development of the tourism sector along the coast threatened to restrict access to the shore and to marginalize their work. The local fishing cooperative Coope Tárcoles R.L. was founded in 1985 to confront these twin threats. At the forefront of these efforts has been the development of fishing bylaws that stress sustainable practices, enshrined in the community's 'Code of Responsible Fishing'. In partnership with CoopeSolidar R.L., the initiative launched a sustainable and community-based ecotourism venture in 2007 to provide an alternative source of income for local residents. In 2009, meanwhile, the group was successful in gaining approval of a community-managed marine area

Delivery of Family-Based Treatment for Adolescent Anorexia Nervosa in a Public Health Care Setting: Research Versus Non-Research Specialty Care.

Comparing evidence-based psychotherapy (EBP) to usual care typically demonstrates the superiority of EBPs, although this has not been studied for eating disorders EBPs such as family-based treatment (FBT). The current study set out to examine weight outcomes for adolescents with anorexia nervosa who received FBT through a randomized clinical research trial (RCT, n = 54) or non-research specialty care (n = 56) at the same specialist pediatric eating disorder service. Weight was recorded throughout outpatient treatment (up to 18 sessions over 6 months), as well as at 6- and 12-month follow-up. Survival curves were used to examine time to weight restoration [greater than 95% median body mass index (mBMI)] as predicted by type of care (RCT vs. non-research specialty care), baseline clinical and demographic characteristics, and their potential interaction. Results did not indicate a significant main effect for type of care, but there was a significant effect for baseline weight (p = .03), such that weight restoration was achieved faster across both treatment types for those with a higher initial %mBMI. These data suggest that weight restoration achieved in non-research specialty care FBT was largely similar to that achieved in a controlled research trial. Clinical Trial Registration:http://www.anzctr.org.au/, identifier ACTRN12610000216011

Grace Hughes: 1918 & 2020 Pandemic Poster

Mixed-media digital collage 18 inches wide, 24 inches highhttps://ecommons.udayton.edu/stu_vad_covidcollage/1013/thumbnail.jp

An American atra? Boundaries of diasporic nation-building amongst Assyrians and Chaldeans in the United States

Voluntary and forced migrations over the past century have given rise to the number of displaced peoples and nations who consider themselves diasporas. The resiliency of these extra-territorial nations after displacement is something of a paradox in nationalism studies. For diaspora, the nation is simultaneously local and transnational, divided and caged by the confines of state borders, often intermixed with other ethnic groups, nations, and cultures, and yet, undeniably, a singular community. Through a comparative examination of the Assyrian and Chaldean diaspora in the United States, this dissertation uses boundary theory to explore the role of diasporic elites in making and sustaining a diasporic nation, and the events, identities, and ideologies that shape diasporic action. It draws from twenty-nine interviews held with Assyrian and Chaldean leaders in Michigan, Illinois, and California, and with policy-makers, as well as research into congressional documents, policy papers, and press reports. The multi-ethnic fabric of American society is formative to boundary-creation, and yet challenges its retention, providing an open society for ethnic expression and civic and political engagement, whilst at the same time facilitating assimilation and loss of diasporic culture and identity. Diasporic elites pursue institutional completeness to sustain diasporic presence in local societies, and cultivate national ideologies that in turn engender activism on behalf of the greater diasporic nation. The Iraq War served as a catalyst to nation-building, providing the first political opening in decades for diasporic actors to mobilize on behalf of Assyrians and Chaldeans in the homeland, seeking constitutional recognition as equal members of the Iraq state. However, the impermeable, exclusionary Iraqi national boundary wrought in conflict instead posed an existential crisis, forcing Assyrians and Chaldeans from Iraq and forcing diasporic leaders to confront questions of what will become of their nation if the homeland is lost. Revealed in the resulting political demands are two distinct strains of nationalism: that for resettlement into diaspora and continued integration into Iraq; and that for territorial autonomy within Iraq’s Nineveh Plain. This dissertation argues diaspora is a continuous, evolving product of boundary-making, often the result of diasporic elite mobilization. Diaspora is a nation not simply born of displacement, but formed through social boundaries encountered and made upon resettlement outside the homeland. Nationalism is a significant component of diasporic nation-building, offering insight into political goals, ideologies, and the dedication of diasporic elites to sustaining an Assyrian and Chaldean homeland, an atra, in diaspora

Conditional cash transfers in a neoliberal era : the evolution of Mexico’s Progresa-Oportunidades

1 online resource (90 p.) : col. ill., col. mapIncludes abstract and appendix.Includes bibliographical references (p. 81-88).Conditional Cash Transfer (CCTs) programs are increasingly becoming the new face of poverty reduction in the global South. Often called a magic bullet, the most common goals of a CCT is to break the intergenerational cycle of poverty. These programs transfer cash to families in extreme impoverishment provided they comply with pre-determined conditions. These conditions usually involve school attendance for children and health check-ups. By linking cash to nutrition, health, and education, CCTs aim to increase the human capital of the poor. It is through this accumulation of human capital that enables them to break the intergenerational cycle of poverty. However, many CCTs have been unable to demonstrate significant reductions of poverty in a long-term, sustainable manner. Why is this so? In this thesis, I argue that the macroeconomic policies influence the design and implementation of conditional cash transfer programs. Using Mexico’s Progresa-Oportunidades, the first CCT of its kind, as my case study, presents a unique opportunity to examine this relationship. Mexico has faced deepening neoliberal reforms since the 1980s that continue to this day, while Progresa-Oportunidades has remained the principle poverty reduction strategy. Nevertheless, poverty levels in Mexico continue to grow. I argue that the suite of policy regimes associated with neoliberal macroeconomic planning have adversely affected the objectives, implementation, and outcomes of the Progresa-Oportunidades program