Mitigating Risk, Eradicating Slavery

For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ( Working Group ). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of the Model Contract disclaimers. Part III turns to the evolving consumer class actions based on deceptive trade practices. Part IV addresses the complexities of employee-based cases alleging violations of the ATS, and by comparison, this part also illustrates why the Trafficking Victims Protection Reauthorization Act (TVPRA) extraterritorial jurisdictional grant may provide fertile ground for domestic litigation involving foreign forced labor in the supply chain. Finally, Part V discusses the origin of the disclaimer clauses in the MCCs proposed by the Working Group, and the arguments in favor of using the MCCs as a foundation for reducing abusive labor practices in the supply chain, even for those brought under the TVPRA. The Article concludes that the threat of domestic liability is on a steady upward trajectory, and businesses are well-advised to begin incorporating contractual rights and remedies to deal with the problem of forced labor in the supply chain, but in a way that does not increase the potential for domestic liability

Learning Styles of Physical Therapy and Physical Therapy Assistant Students in Accredited Physical Therapy Programs

The purpose of this study was to determine the learning styles of Doctor of Physical Therapy (DPT) students and associate degree Physical Therapist Assistant (PTA) students and identify any association between their learning styles and examine the association between gender and age by learning style. Participants included 337 DPT and PTA students attending CAPTE accredited institutions with doctoral DPT or associate PTA programs in Tennessee and southwest Virginia. The Felder (1996) and Soloman Index of Learning Styles (ILS) was used to determine learning style preferences within 4 learning style dimensions (active-reflective, sensing-intuitive, visual-verbal, and sequentialglobal). Demographics included program of study, gender, age, ethnicity, and highest level of education. Participants were 18-63 years (mean age 25.87, standard deviation 5.62, median age 24); 205 (60.8%) DPT students, 132 (39.2%) PTA students; 205 (60.8%) female, 132 (39.2%) male. Five research questions were evaluated using cross-tabulated tables with frequency counts, percentages, and chi square tests. Statistical significance was established using a .05 alpha. There was a significant difference in the active-reflective learning style among PTA students by age. However, there was no significant difference between the learning styles of DPT and PTA students. Participants were found to be balanced on the active-reflective dimension, sensing on the sensing-intuitive dimension, visual on the visual-verbal dimension, and balanced on the sequential-global dimension. All students displayed preferences were toward the active, sensing, visual, and sequential learning styles. This findings demonstrated that DPT and PTA students have a balanced learning style with a strong preference toward active, sensing, visual, and sequential. Therefore, teaching methods should provide an instructional environment that addresses these learning style preferences. The student’s awareness of his or her learning style will enable the learner to capitalize on strengths and develop areas of weakness. This ability to employ effective learning strategies will equip an individual for the challenges of his or her chosen profession and lifelong learning

"Much of madness, and more of sin" : Vincent Price, gender, and the Poe cycle, 1960-1972 /

Adviser: Linda Badley.For generations of moviegoers, the name Vincent Price (1911-1993) remains synonymous with horror and suspense. Between 1960 and 1972, Vincent Price appeared in a series of thirteen Edgar Allan Poe adaptations for American International Pictures (AIP). Various articles in both popular and academic journals offer intriguing interpretations of specific films, but thematic analysis of Vincent Price's body of work is virtually non-existent. Much of Madness, More of Sin: Vincent Price, Gender, and the Poe Film Cycle, 1960-1972 posits that the Poe cycle's depiction of women as villains, vixens, and objects of veneration, as well as Price's onscreen persona as a "camp" icon, challenged traditional gender norms during the sexual revolution of the 1960s.This study, which is divided into ten chapters, explores the often ambivalent constructions of the cycle's male and female characterizations. At the same time, it argues that the films are not always "campy" in the sense of exaggerated self-mockery that other critics have claimed. In fact, the cycle demonstrates a surprising degree of fealty to the source material, implying both a fidelity to the spirit of Poe's output and an acknowledgment of gender ambivalence in the writer's fiction and poetry that makes the films effective vehicles of adaptation.Chapter I provides relevant biographical information on Price, Poe, and founding Poe cycle producer/director Roger Corman and discusses the theories of critics Judith Butler, Barbara Creed, and Harry M. Benshoff that inform the study. Chapters II through VII examine six Poe adaptations directed by Corman between 1960 and 1965, the films that influenced Price's public persona long after the series abandoned any direct connection to Poe's material and featured many examples of contradictory and even subversive gender performance. Chapter VIII analyzes The Conqueror Worm (1968) and traces the influence of this acclaimed film and director Michael Reeves on the remaining entries in the series, helmed by Gordon Hessler. Of particular interest is how this film positions Price as a misogynistic Puritan witch hunter, foreshadowing the later feminist reading of the witch trial phenomenon as a mass repression of emerging female independence. Chapter IX discusses six productions that exist outside the established Corman and Reeves/Hessler "universes" but still feature Price, referencing the actor's familiar persona while continuing to challenge traditional masculine and feminine roles. Chapter X concludes the study by enumerating thematic similarities, such as the lack of male offspring among Price's characters in the series and the reoccurring motif of the ambiguously gendered protagonists (both male and female), that link the various films into an organic and interrelated whole, suggesting an overarching worldview derived as much from the iconography of Poe as from the details of his output.Ph.D

Undergraduate Retention Rates for Students in Learning Support Math Classes versus Traditional Math Classes Controlling for ACT Mathematics Scores

The purpose of this study was to determine if the 1 – and 2-term retention rates for students with the same ACT mathematics subsection scores were different between students who took a regular section of Probability and Statistics and students who took a learning support section of the same course. The subjects of this study were 2,714 students enrolled in a Probability and Statistics course (either regular sections or learning support sections) at a 4-year institution from the 2013 summer semester to the 2014 fall semester. As expected, students who scored a 19 or greater on the mathematics section of the ACT were significantly more likely to be enrolled in later semesters than students who scored below a 19. When students were grouped by matching ACT mathematics sub scores there was not a significant difference in 1-term and 2-term retention rates between students who took a 4-hour learning support section of probability and statistics and students who opted to take a regular 3-hour version of the same course

Institutional Budget Function Allocations as Predictors of Performance Outcomes of Tennessee Public Community Colleges and Universities

With the increased use of performance funding in Tennessee and many other states, it is imperative that administrators strategically budget to meet performance outcome goals. The purpose of this research was to determine the relationship between the budget function allocations of Instruction, Academic Support, and Student Services and performance outcome measures involving student success factors defined as completion of credit hours, awards of technical certificates, and awards of undergraduate degrees through the academic years of 2006-07 and 2013-14. The population included the 13 public community colleges and 9 public universities in Tennessee within the Tennessee Board of Regents and the University of Tennessee systems. Statistical procedures included bivariate correlations and multiple regressions of the predictor variables of budget function allocations and the criterion variables of performance outcomes. Descriptive data indicated an increase in the majority of the budget function area means and decreases in the majority of performance outcomes over the timeframe of the study. Correlation analysis of community college predictor and criterion variables revealed significant positive relationships existed between the following: (a) salary allocations for Student Services and awards of technical certificates; and (b) allocations for salaries for Instruction and completion of credit hours and number of associate degrees awarded. Multiple regression analysis of community college variables indicated salaries of Instruction were the most useful predictor of performance outcomes. Correlation analysis of university predictor and criterion variables revealed significant negative relationships existed between the following: (a) operations for Student Services and completion of 24, 48, and 72 credit hours; (b) salaries for Student Services and completion of 24, 48, and 72 credit hours and number of bachelor degrees awarded; (c) salaries of Academic Support and completion of 24 and 48 credit hours; (d) operations budgets for Instruction and completion of 24, 48, and 72 credit hours; (e) budget allocations for salaries for Instruction and completion of 24 credit hours; and (f) combined budget allocations and completion of 24 and 48 credit hours. Correlation analysis of university predictor and criterion variables revealed significant positive relationships existed between operations budgets for Academic Support and completion of 72 credit hours and number of bachelor degrees awarde

To Buy or Not to Buy: Rolling Into the Future With ILLiad

Librarians at East Tennessee State University (ETSU) have spent a lot of time over the past few years eliminating paper waste and encouraging the use of digital forms for many library services. One such service is the library’s suggest-a-purchase program. When the database that held our previous online form was dismantled, paper forms and e-mails starting coming in. Most of those e-mails were printed out by library staff. The previous acquisitions librarian retired soon after, leaving behind mountains of papers and no real idea for how to proceed. This paper presents how we solved this problem with ILLiad addons and Web pages from the IDS Project and how we hope to assess our print collection going forward

Experiencing Workplace Inclusion: Critical Incidents that Create a Sense of Inclusion for Professional Staff in Higher Education

Professional staff make up the majority of employees at colleges and universities in the United States but are rarely the focus of research in higher education. As a result, little is known about how these employees experience the workplace, creating a challenge for educational institutions working to attract, develop, and retain this essential resource. Employees who feel included in the workplace have higher performance levels and are more likely to remain with their organizations, but workplace inclusion is a complex and undertheorized psychological phenomenon. This exploratory study provides insight into the psychological experience of inclusion by examining the experiences, interactions, and moments that caused professional staff to feel included at work. Using constructivist critical incident technique (CIT), semi structured interviews were conducted with 23 participants to uncover 78 inclusion incidents and the context surrounding those incidents at various levels within the organization. The findings reveal two main pathways to inclusion for professional staff in higher education: the affirmation and impact pathways. Inclusion incidents in the affirmation pathway emerged from experiences or interactions where an individual, team, or organization affirmed the professional staff member’s personal or professional identity. Inclusion incidents in the impact pathway emerged when professional staff members took some action that impacted an individual or the organization. An intersectional view of the results demonstrates that all participants, irrespective of social identity, experience inclusion in the workplace, expanding the perception of who benefits from inclusive environments. Analysis of the detailed descriptions of the outcomes of these incidents supports the expansion of the dominant conceptualization of workplace inclusion to include authenticity in addition to belongingness and uniqueness. This dissertation is available in open access at AURA, https://aura.antioch.edu/, and OhioLINK ETD Center, https://etd.ohiolink.edu

Case Watch: Royston, Rayzor, Vickery & Williams LLP v. Lopez

The Texas Supreme Court effectively gave a “thumbs-up” to attorney-client arbitration agreements in Royston, Rayzor, Vickery, & Williams, LLP v. Lopez, 467 S.W.3d 494 (Tex. 2015), reh’g denied (Sept. 11, 2015). The plaintiff, Frank Lopez, hired Royston, Rayzor to represent him in a divorce. As part of the representation agreement, Lopez agreed to arbitrate any disputes arising out of the attorney-client relationship, but the law firm excluded from the arbitration agreement any claims it might have against Lopez for expenses or fees. Lopez later sued Royston, Rayzor and the firm moved to compel arbitration. Lopez contended that the arbitration agreement violated public policy because a law firm must show it explained the advantages and disadvantages of arbitration to a prospective client, per Professional Ethics Opinion 586. The Texas Supreme Court rejected the argument that an attorney’s failure to explain an arbitration agreement rendered the agreement unenforceable. The Texas Supreme Court also rejected Lopez’s arguments that the arbitration agreement was unenforceable because it was substantively unconscionable and illusory due to its purported one-sidedness. The court noted that the contract required that all claims by both parties be resolved by arbitration, except those for fees and expenses. For those claims, the law firm did not have a unilateral choice whether to arbitrate or litigate, instead they were excluded from the arbitration agreement and the firm must litigate those claims. Thus, the court held that the arbitration agreement was not substantively unconscionable. Royston, Rayzor means that arbitration agreements between attorneys and clients will likely be construed as enforceable even if the agreement excludes claims for fees and expenses, provided that the agreement does not give one party a choice to arbitrate, litigate, or unilaterally change the agreement to avoid arbitration. It also means while there may be an ethical responsibility under Texas Disciplinary Rules to explain the advantages and disadvantages of an arbitration agreement to a prospective client, the failure to do so does not violate Texas public policy and will not render an attorney-client arbitration agreement unenforceable