Digital Commons Network^™

The Lived Experiences Of 911 Dispatchers With Compassion Fatigue: An Interpretive Phenomenology, Angela Johnson

Counseling & Human Services Theses & Dissertations

911 dispatchers are the “first” first responders in an emergency and play an intrinsic role in the public safety continuum. 911 dispatchers are exposed to daily and cumulative stress from the repeated empathic engagement of those they serve, and from shift work, staffing shortages, and inability to make mistakes. However, there is a dearth of peer reviewed literature on 911 dispatchers and compassion fatigue (CF). CF is described as the emotional and physical exhaustion experienced due to the constant exposure to the trauma of others. CF symptomology in 911 dispatchers has far reaching implications for not only the citizens …

Developments In Contract Law: The 2021-2022 Term — The Enduring Allure Of Freedom Of Contract, Marcus Moore

All Faculty Publications

A review of recent developments in Contract Law reveals that Freedom of Contract continues to thrive in the jurisprudence a half-century after its supposed fall. As the analysis here shows, it is a theme which animates not only general thinking about contracts, but also court resolution of specific cases and issues. High-level considerations drive the reasoning, colouring the application of more detailed rules where these exist. And among these high-level considerations, Freedom of Contract enjoys privileged status as the default law, against which opposing considerations in practice must justify themselves as exceptions. Other considerations vary in their power to constrain …

Religious Liberty As A Judicial Autoimmune Disorder: The Supreme Court Repudiates Its Own Authority In Kennedy V. Bremerton School District, Andrew Koppelman

UC Law Journal

No abstract provided.

The Remains Of The Establishment Clause, Ira C. Lupu, Robert W. Tuttle

UC Law Journal

The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress may not enact laws respecting an establishment of religion—in particular, acts of worship, religious instruction, or proselytizing. A pluralist, liberal democracy requires separation of civil government from these distinctively religious activities. From the middle of the twentieth century until Justice O’Connor’s retirement in 2005, the Supreme Court energetically animated that principle of distinctiveness. In a series of decisions in the last decade, however, the Court has upended its longstanding approach to what is distinctive about religion in constitutional law. Notably, this process of change has …

Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo

Journal of Indonesian Tourism and Policy Studies

Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …

Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii

Sustainable Development Law & Policy

Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …

The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan

Sustainable Development Law & Policy

Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …

The Racialized History Of Vice Policing, India Thusi

Articles by Maurer Faculty

Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States—such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and preserving the moral integrity of the policed communities by eradicating vice. Instead, the history of vice policing provides an example of the racialized nature of policing in the United States. Vice policing has been focused on (1) maintaining racial segregation, (2) containing vice in marginalized communities, and (3) …

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

Committing To Agency Independence, Nicholas Almendares

Articles by Maurer Faculty

One of the enduring challenges in politics is that there is little in the way of binding commitments. It is not as if the president and the Speaker of the House can write an effective contract and it is hard to imagine any court ever enforcing it. A commitment by a political actor is therefore only as good as it is credible—that is, if it is in the interests of the actor to keep it, possibly due to mechanisms put in place to induce just those commitments. All this makes analytical tools like game theory well-suited to understanding politics, especially …

A Scoping Review Of Health Research With Racially/Ethnically Minoritized Adults With Intellectual And Developmental Disabilities, Heather J. Williamson, Tara Chico-Jarillo, Samantha Sasse, Leticia Rennie, Jennifer R. Etcitty, Carol L. Howe, Michele Sky Lee, Julie S. Armin

Developmental Disabilities Network Journal

Living with intersectional identities, having a disability, and being a member of a racial or ethnic minoritized group in the U.S., contributes to marginalization that may result in health disparities and health inequities. The purpose of this scoping review is to describe health research regarding adult racial/ethnic minoritized individuals in the U.S with intellectual and developmental disabilities (I/DD). Eight electronic databases were searched to identify literature on the topic published since 2000. Of the 5,229 records, 35 articles were included in the review. Eligible studies included research conducted in the U.S., published in English, and research focused on adults with …

One Nation, Under Fraud: A Remonstrance, Hon. Donna M. Loring, Hon. Eric M. Mehnert, Joseph G.E. Gousse Esq.

Maine Law Review

This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses by the State are glaringly obvious, a cohesive modern narrative that incorporates Maine’s history of predation upon and mistreatment of the tribes has remained poorly defined from an historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the Wabanaki tribes and endeavors to excavate the hidden historical narrative of the calculated politico-legal regime that has for …

A Linguistic Study Of Relative Clauses In George Bernard Shaw's "Arms And The Man", المدرّس المساعد يونس مهدي صالح

Midad AL-Adab Refereed Quarterly Journal

The study tries to shed light on the relative clauses used in literary texts namely Shaw's 'Arms and the Man'. A relative clause is a dependent clause that modifies or describes an antecedent i.e. a preceding noun. Relative clauses are of great importance since they help in understanding sentences as well as providing a choice for writers to vary their texts. Relative clauses consist of three elements: head noun, modifying clause and relativizer. Literary authors shape the language of their texts to suit their purposes. The study postulates that relative clauses are common in the play and relative pronouns functioning …

Higher Altitudes And Higher Standards: Advocating The Fcc Require Environmental Assessments For Mega- Constellations, John Latson

The Journal of Business, Entrepreneurship & the Law

This article will explore why the FCC’s current regime on categorical exclusions is ill-prepared for the developing mega-constellation industry, why the regime should be revised to require that companies launching mega-constellations file an Environmental Assessment (EA) as defined in the National Environmental Policy Act, and how such a change might fiscally impact these companies. Part II of this article will explore the National Environmental Policy Act, discussing the purpose of the Act and the goals Congress sought to accomplish. Part III will consider the FCC’s policy on categorical exclusions and EAs, with a comparison of how some other federal agencies …

The Effectiveness Of Interactive Video In Developing Animation Production Skills For Educational Technology Students At Middle East University, Fadi Abdulraheem Odah

Middle East Journal of Communication Studies

This study deals with the effectiveness of interactive video in developing animation production skills among Educational Technology students at Middle East University. The researcher used semi-experimental mothod, where the research sample consisted of (40) students from Educational Technology students at the Faculty of Educational Siences, Middle East University. The sample consisted of two equal groups: a control group of (20) male and female students that were taught in the usual way at laboratories, and an experemental group of (20) students that were taught through interactive vide. The research tools consisted of an observation card to measure the performance. The results …

American Exceptionalism As/In Constitutional Interpretation, Lucy Williams

Georgia Law Review

American exceptionalism—the idea that America is superior, chosen, and tasked with a unique mission—is a foundational part of America’s political culture. Its themes regularly appear in political speeches, at campaign rallies, and at national celebrations. But exceptionalism also appears frequently in another, less obvious place: Supreme Court opinions. Scholars and pundits routinely scour these opinions to identify the jurisprudential theories and political leanings that drive case outcomes. But as yet, legal scholars have paid little attention to the exceptionalist themes in the Court’s case law. Some legal scholars study the ways American constitutional law is distinctive, or exceptional, when compared …

A License To Play: Regulating Location-Based Augmented Reality Gameplay On Public Property, Kate Johnson, Evan Ringel, Amanda Reid

Georgia Law Review

This novel research sits at the intersection of augmented reality gameplay and government licenses for use of public property. Governments have long used licensing schema to assure public safety and order. Augmented reality gameplay on public lands presents a new, contested use of public property. Under our proposed licensing scheme, those wishing to engage in location-based augmented reality (LoBAR) gameplay on public lands would need a license. This proposal is akin to how governments—federal, state, and municipal—have authorized permit schema for use of public property, including rock climbing, geocaching, street performing, and film photography. Our Article offers sample legislation for …

Cheap Creativity And What It Will Do, Dan L. Burk

Georgia Law Review

Artificial intelligence (AI), in the form of machine learning systems, is becoming widely deployed across many industries to facilitate the production of new technical or expressive works. Among other applications, these technologies promise rapid product design and creation, often exceeding the capacity of human creators. Commentators and policy makers have responded to these developments with a flood of literature analyzing the ways in which AI systems might challenge our existing regimes of intellectual property. But such discussions have thus far focused on entirely the wrong questions, misunderstanding the nature of the changes that AI brings to creative development.

Intellectual property …

Assisted Suicide In Canada: Moral, Legal, And Policy Considerations By Travis Dumsday, Anita Singh

Osgoode Hall Law Journal

THE SUPREME COURT OF CANADA’S (SCC) decision in Carter v Canada (“Carter”) was a landmark moment in Canadian jurisprudence. In Carter, the SCC declared two sections of the Criminal Code to be of no force and effect because the “prohibition on physician assisted dying…deprives a competent adult of such assistance where (1) the person affected clearly consents to the termination of life; and (2) the person has a grievous and irredeemable medical condition…that causes enduring suffering that is intolerable to the individual.” Not only did Carter overturn an earlier decision in Rodriguez v British Columbia (Attorney General) (“Rodriguez”), which had …

Textbook Resistance: Texas’ Ban On Critical Race Theory Fails The Education Standards Mandated By International Law, Noah C. Nix

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of Using Images In Outdoor Advertising Designs To Attract Attention, Sattar Al-Juboori

Middle East Journal of Communication Studies

Outdoor advertising has dominated the visual landscape of cities around the world. Outdoor advertising in city streets and public places are different than the ones located in other places for many reasons. First, it is directed towards particular audience who has no option but to look at it. The research problem lies in the excessive use of images in ways that may have been randomly put without taking into consideration certain factors such as allocation, processing, design construction or some expressive and psychological aspects. Experts have defined some technical problems related to image-choice and the extent of its future impact …

Free Exercise Renewal And Conditions On Government Benefits, Thomas C. Berg

Notre Dame Law Review Reflection

When the government puts a condition on funding or other benefits that it provides, can it impose that condition on a recipient (organization or individual) whose religious character or tenets conflict with the condition? That question arises in some of today’s most prominent religious-freedom controversies, actual and potential. Conditions accompanying certain federal contracts and funding programs prohibit discrimination based on religion or sexual orientation; those conditions may prevent a recipient organization from requiring that its leaders or employees affirm or live consistently with its religious tenets. Even the highly uncertain prospect that the federal government might someday strip tax exemptions …

The Mindful First Amendment, Gary Myers

Faculty Publications

The mindfulness movement has begun to play an expanding role in personal well-being and in society more generally. Although there is an active push for mindfulness in law, its primary focus is on ways in which mindfulness techniques can help lawyers in their personal and professional lives. This article explores the possible contributions of mindfulness to the widely recognized challenges facing freedom of speech and freedom of the press in an era of severe cultural and political polarization.

Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo

UC Law SF International Law Review

No abstract provided.

The Right To (Human) Counsel: Real Responsibility For Artificial Intelligence, Keith Swisher

South Carolina Law Review

No abstract provided.

The Right To Boycott As A Right Of Assembly, Brian Hauss

University of the Pacific Law Review

No abstract provided.

Solutions For Heirs Property Owners, Jesse J. Richardson Jr., Amber S. Miller

Law Faculty Scholarship

What are some solutions for heirs property owners? An offered solution assumes that there is a problem, and the first step must be clearly defining the problem. But, as the authors explain, the term "heirs property" proves difficult to define because of the vast number and scope of heirs property scenarios. Stated very simply, the term refers to a subset of tenancy in common property where the owners received concurrent interests in land through inheritance. But, heirs property is anything but simple. In fact, it is quite complex, beginning with the ownership picture of heirs property tracts of land: the …

The Social Value Of Intellectual Property, Alina Ng Boyte

IP Theory

No abstract provided.

Encouraging Public Access To Pharmaceuticals Through Modified Protection Of Clinical Trial Data, Scott M. Nolan Ii

IP Theory

Part I of this Article investigates the development of pharmaceuticals and clinical trial data with a focus on patent and data protection. Part II evaluates the effects of protection and the challenges it poses to widespread public pharmaceutical access. Part III discusses two scholarly approaches to the public access issue that focus on clinical data protection and their associated challenges. In light of these scholarly works, Part IV suggests a new approach to clinical trial data protection that aims to improve public pharmaceutical access while maintaining the incentives to invent for drug developers.