Digital Commons Network^™

History's Speech Acts, Jessie Hill

Faculty Publications

This Essay considers the historic relationship between symbolic public expressions of racial and religious identity—in particular, Confederate symbols and Christian religious displays. These displays sometimes comprise shared symbology, and the adoption of this symbology overlaps at distinct moments in U.S. history in which Confederate and Christian symbolism converged to express messages of combined religious and racial superiority. This Essay argues that these forms of expression can best be understood as “speech acts” that seek to construct a particular social reality, often in defiance of political and social fact. They thus not only express but also enact social hierarchies. It further …

Formalism, Realism, And State Taxes On Out-Of-State Transactions: Quad Graphics And The Meaning Of Wayfair, Jonathan L. Entin

Faculty Publications

No abstract provided.

Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover

Faculty Publications

In response to Russia’s invasion of Ukraine, NATO member states and their allies have imposed “unprecedented,” unilateral economic sanctions to hold Russia accountable, degrade its military capability, and limit its international financial access.1 From the outset, sanctioning states such as the United States have stated that they “designed these sanctions to maximize the long-term impact on Russia and to minimize the impact on [themselves and their] allies.”2 These sanctions on an economic power like Russia “have global economic effects far greater than anything seen before.”3 And there is concern that the unintended consequences of the sanctions will disproportionately harm developing …

A Survey Of Retail Trade Patterns In South Dakota: 2013-2022, Rand E. Wergin

Faculty Publications

This paper provides an analysis of retail sales and retail trade in the state of South Dakota for the ten years 2013 to 2022. This analysis will provide information to community leaders in the cities and towns of South Dakota. Retail pull is an economic indicator that provides a measure of community’s economic health and its ability to attract shoppers, both shoppers from its own community and from other communities. A community that has a healthy retail economy is generally able to attract shoppers from its own community as well as surrounding communities.

Data Visualization Of Big Data For Predictive And Descriptive Analytics For Stroke, Covid-19, And Diabetes, Richard S. Segall, Soichiro Takashashi

Faculty Publications

Visualization of big data is crucial for meaningful interpretations and especially for healthcare. Brief discussions are made for big data, background for healthcare, and recent work in big data analytics for healthcare. This research pertains to different levels of big data: 5,110 vs. 101,766 vs. 320,200 vs. 1 million data values. Data visualizations and predictive analytics are presented of big data for selected diseases of stroke with 5,110 data values, diabetes with 101,766 data values, and two COVID-19 studies: one with 320,200 data values and another with 1 million data values. Data visualizations are generated for these diseases with big …

Understanding Meteorological Changes Following Severe Defoliation During A Strong Hurricane Landfall: Insights From Hurricane Michael (2018), Shannon A. Nelson, Paul W. Miller

Faculty Publications

Despite prompting persistent meteorological changes, severe defoliation following a tropical cyclone (TC) landfall has received relatively little attention and is largely overlooked within hurricane preparedness and recovery plan-ning. Changes to near-track vegetation can modify evapotranspiration for months after tropical cyclone passage, thereby altering boundary layer moisture and energy fluxes that drive the local water cycle. This study seeks to understand poten-tial spatial and temporal changes in defoliation-driven meteorological conditions using Hurricane Michael (2018) as a testbed. In this sensitivity study, two Weather Research and Forecasting (WRF) Model simulations, a normal-landscape and a post-TC scenario, are compared to determine how a …

Interrelationship-Based Information Delivery Manual Development For Smart City Infrastructure Systems, Moeid Shariatfar, Yong Cheol Lee, Ahmad Mohammad Ahmad, Salim Ferwati

Faculty Publications

Smart cities are comprised of various infrastructure systems interacting with heterogeneous context information that frequently causes critical challenges in data sharing, exchange, and integration of infrastructure components. The complicated structure of the infrastructure 3D models and the unraveled relationships of their functional, operational features remain elusive, hindering their seamless interactions. To ameliorate this issue, this paper proposes an interrelationship-based model view definition approach using an urban-level ontology that improves consistent data interoperability at the urban scale. The study includes the modularization of each infrastructure data conducted based on their functionalities and the development of an ontological structure for a smart …

Overwhelmed Or Overteaching?: Humanism For Time Use And Pedagogy, Kim M. Thompson

Faculty Publications

No abstract provided.

The International Commitments Of The Fifty States, Ryan M. Scoville

Faculty Publications

U.S. law allocates power to conduct foreign relations primarily to the federal government, but it is well known that states routinely maintain foreign relations of their own. Much of this activity appears to result in legal and political commitments, whether in the form of “sister state” agreements or binding pledges to cooperate on discrete issues such as investment, environmental protection, and transportation. These commitments are at least loosely comparable to international treaties and may either advance or disserve state and national interests.

Yet very little is known about the commitments that are in force. For the most part, neither federal …

Judicial Process And Vigilante Federalism, Charles W. "Rocky" Rhodes, Howard M. Wasserman

Faculty Publications

Jon Michaels’ and David Noll’s "Vigilante Federalism" (Cornell Law Review) decries the explosion of state laws that target certain people (women seeking abortions, trans students seeking to use bathrooms, schools trying to teach about race) and rely on private civil litigation by random "any persons" as the exclusive or primary enforcement mechanism. These laws "deputize private actors to wage and win the culture wars," while subordinating marginalized groups.

But Michaels and Noll conflate well-taken substantive constitutional objections to these laws with procedural issues surrounding the private enforcement mechanism, which is neither unique nor constitutionally problematic. States have long authorized private …

References To Classic American Novels In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

With this Journal of the Missouri Bar article, the survey of courts’ cultural markers returns to literature – particularly American literature. Besides “To Kill a Mockingbird,” federal and state courts in their written opinions have cited and quoted from other classic novels written by American authors, including "Catch-22", "Moby-Dick", and "The Grapes of Wrath".

Pilot Study: The Effects Of A Mountain Wilderness Experience On Combat Veteran Psychosocial Wellness, Elizabeth J. Vella Phd, Taylor Lyman, Taylor Lovering

Faculty Publications

The purpose of this quasi-experimental pilot study was to evaluate the efficacy of a 3.5day outdoor wilderness program (Huts for Vets, HFV) for reducing psychological distress, PTSD symptoms, and improving positive mood states. It was hypothesized that participation in the HFV program would predict improvements in psychosocial well-being in addition to reductions in PTSD symptomatology relative to a waiting-list control group. Participants included 51 adult veterans diagnosed with PTSD and/or some other combat-related disability (Mage = 36.8, SD = 8.19). The experimental group (n=32) participated in the HFV program, which included hiking and group discussions. Data collection via psychosocial scale …

Burning Questions: Changing Legal Narratives On Cannabis In Indian Country, Robin M. Rotman, Sam J. Carter

Faculty Publications

In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term “present day” affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it is important to examine the history of Cannabis law and policy in United States. This Article begins by discussing Cannabis regulation in the United States, from the rise of federal regulation to the gradual deregulation by states with tacit federal consent. The Article then examines …

Finding And Using Federal Information Relevant To People With Disabilities, Isabella Folmar, Blake Robinson

Faculty Publications

No abstract provided.

The California Way: An Analysis Of California’S Immigrant-Friendly Changes To Its Criminal Laws, Evangeline G. Abriel

Faculty Publications

Immigration falls exclusively within the federal government’s purview, and states are generally prohibited from legislating in the area of immigration. At the same time, however, a large number of individuals are subject to deportation, denial of admission, and denial of immigration benefits based upon convictions of state crimes, over which states generally have exclusive authority. At a time when both the federal government and some states seem determined to expand the immigration consequences of even relatively minor criminal con- duct, is there anything states can do to protect their noncitizen re- sidents? Surprisingly, yes, quite a bit. California, for example, …

A Randomized Trial Of Behavioral Nudges Delivered Through Text Messages To Increase Influenza Vaccination Among Patients With An Upcoming Primary Care Visit, Mitesh S. Patel, Katherin L. Milkman, Linnea Gandhi, Heather N. Graci, Dena Gromet, Brigitte C. Madrian

Faculty Publications

Purpose: To evaluate if nudges delivered by text message prior to an upcoming primary care visit can increase influenza vaccination rates.

Design: Randomized, controlled trial.

Setting: Two health systems in the Northeastern US between September 2020 and March 2021.

Subjects: 74,811 adults.

Interventions: Patients in the 19 intervention arms received 1-2 text messages in the 3 days preceding their appointment that varied in their format, interactivity, and content.

Measures: Influenza vaccination.

Analysis: Intention-to-treat.

Results: Participants had a mean (SD) age of 50.7 (16.2) years; 55.8% (41,771) were female, 70.6% (52,826) were White, and 19.0% (14,222) were Black. Among the interventions, …

Federal Bureaucratic Studies, Jesse M. Cross

Faculty Publications

A vast literature has developed in legal scholarship on the topic of bureaucratic governance. To date, this literature has focused squarely on the executive branch. Yet a second bureaucracy also exists in the federal government: the congressional bureaucracy. Recent legislation scholarship has brought this bureaucracy into focus—documenting its traits, practices, and culture. In so doing, it has created a rich new opportunity for cross-disciplinary dialogue—one where executive-branch studies and legislative studies collaborate toward a larger understanding of how bureaucracy operates, and can operate, in a presidentialist system.

To begin that cross-disciplinary conversation, this Article turns to five themes in the …

Abortion Localism And Preemption In A Post-Roe Era, Kaitlin A. Caruso

Faculty Publications

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court eliminated federal constitutional protections for abortion in the United States, overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. That ruling returned much regulation of abortion to state control. But it will also accelerate a longstanding trend: municipal abortion regulation. And in the current world of local government law, increased local activity brings with it the question of state preemption. This article is the first to bring together the history and trends in local abortion policy with intrastate preemption doctrine to fully canvass the post-Roe local abortion …

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Faculty Publications

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies. Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

Price Gouging, The Pandemic, And What Comes Next, Kaitlin A. Caruso

Faculty Publications

Whenever there is a disaster, there are complaints of price gouging — that is, of people selling critical goods at grossly inflated prices. Over the last half-century, states and territories have increasingly responded by adopting anti-gouging laws that limit how much sellers can increase prices on at least some goods and services during an emergency. An overwhelming majority of jurisdictions now have such laws, and all share a few common characteristics. The laws vary considerably between jurisdictions, however, including on what products, services, and sellers they cover, how long they last, and how strictly they limit price increases. This Article …

The Patient's Voice: Legal Implications Of Patient-Reported Outcome Measures, Sharona Hoffman, Andy Podgurski

Faculty Publications

In recent years, the medical community has paid increasing attention to patients' own assessments of their health status. Even regulatory agencies, such as the Food and Drug Administration and the Centers for Medicare and Medicaid Services, are now interested in patient self-reports. The legal implications of this shift, however, have received little attention. This Article begins to fill that gap. It introduces to the legal literature a discussion that has been ongoing in the health care field.

Patient-reported outcome measures (PROMs) are reports of patients’ symptoms, treatment outcomes, and health status that are documented directly by patients, typically through electronic …

Queer Mediated Practices As A Method To Center And Sustain Critical Health And Media Literacies, Alexander N. Vera, Vanessa Kitzie, Travis L. Wagner

Faculty Publications

Queer communities experience challenges when accessing accurate and comprehensive health information. These challenges span across media and information environments and threaten queer health promotion. This paper explored how 11 queer community health workers (CHWs) in a Southeastern US state respond to, subvert, and resist these challenges when creating digital health information resources for their queer communities. This longitudinal action research occurred over two years and included multiple qualitative data types. We analyzed these data using qualitative coding, following deductive and inductive strategies. Findings demonstrate how queer CHWs: 1) identified risks and barriers to health promotion their communities experienced; 2) created …

Selections From The Civil Right To Keep And Bear Arms: Federal And Missouri Perspectives (2023 Edition), Royce De R. Barondes

Faculty Publications

This work contains two chapters from a longer work titled The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition). The included chapters address two subjects. First, the chapters address application to select circumstances of the principles adopted in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Those include (i) non-temporary governmental seizure or retention of individual arms (in contrast to a ban on all a subject's firearms possession and seizures in Terry stops); (ii) changes in Federal regulation mandating indefinite records retention by dealers; (iii) disabilities arising from …

The Shape Of Consumer Contracts, Andrea Boyack

Faculty Publications

Modern consumer contracts are the bane of contract law and theory. Freedom of contract justifications are premised on party autonomy and transactional efficiency, but theories justifying contract enforcement fail to explain why the law should treat company-crafted terms as presumptively binding on consumers. Consumer protection advocates point out that lower thresholds for manifesting assent endorsed by the recent Restatement of the Law of Consumer Contracts may result in consumers being bound to terms of which they were reasonably unaware. Other scholars point out that mere knowledge of company terms and conditions does almost nothing to protect consumers in any case …

Study Protocol For The Breathe Easier Trial: A Pilot Rct Of A Dyad-Based, Multiple-Behavior Intervention For Improving Physical And Emotional Health In Survivors Facing Lung Cancer, Karen Kane Mcdonnell Phd, Rn, Jeannette O. Andrews Phd, Rn, Faan, Chih Hsiang Yang Ph.D., Brandi R. Newsome, Ella Weinkle, Jean Elizabeth Davis, Shira Dunsiger

Faculty Publications

Background: Research targeting survivors of lung cancer has yet to adequately address the management of physical deconditioning and unresolved symptoms (dyspnea, fatigue). The objective of the Breathe Easier trial is to test the feasibility and preliminary effects of a theory-based, multiple-behavior intervention (physical activity, smoking reduction for current smokers, stress management) targeting survivors of localized non-small-cell lung cancer (NSCLC, stages I-III) and their supportive partners. Methods: This pilot RCT will enroll 30 dyads (60 participants). Each dyad will consist of one survivor and one partner (defined as a family member or friend) Dyads will be randomized to the Intervention Group …

A Community-Engaged Oral History Study As A Tool For Understanding Environmental Justice Aspects Of Human Exposures To Hazardous Waste Thermal Treatment Emissions In Colfax, La, Matilda Odera, Blair Kelley, Louie Rivers, Alyanna Wilson, Jessica Tran, Khushi Patel, Brenda Vallee, Wilma Subra, Jennifer A. Cramer, Jennifer K. Irving, Margaret Reams, Jennifer Richmond-Bryant

Faculty Publications

This study investigates environmental justice (EJ) themes related to siting a hazardous waste thermal treatment facility near a low-income community of color. We investigated effects of living near a hazardous waste thermal treatment facility through three EJ aspects: recognitional, procedural, and distributive justice. The study involved the collection of oral history interviews from residents of Colfax, a town in Grant Parish, Louisiana, that hosts an open burn/open detonation hazardous waste thermal treatment facility. The facility processes materials such as munitions, theme park waste, and contaminated soils from Superfund sites, and it increased its volume drastically in 2014. Residents reported adverse …

International Society Of Sports Nutrition Position Stand: Nutritional Considerations For Single-Stage Ultra-Marathon Training And Racing, Stacy T. Sims, Chad M. Kerksick, Abbie E. Smith-Ryan, Xanne A.K. Janse De Jonge, Katie R. Hirsch, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Susan Joyce Hewlings, Susan M. Kleiner, Erik Bustillo, Jaime L. Tartar, Valerie G. Starratt, Richard B. Kreider, Casey Greenwalt, Liliana I. Rentería, Michael J. Ormsbee, Trisha A. Vandusseldorp, Bill I. Campbell, Douglas S. Kalman, Jose Antonio

Faculty Publications

Based on a comprehensive review and critical analysis of the literature regarding the nutritional concerns of female athletes, conducted by experts in the field and selected members of the International Society of Sports Nutrition (ISSN), the following conclusions represent the official Position of the Society: 1. Female athletes have unique and unpredictable hormone profiles, which influence their physiology and nutritional needs across their lifespan. To understand how perturbations in these hormones affect the individual, we recommend that female athletes of reproductive age should track their hormonal status (natural, hormone driven) against training and recovery to determine their individual patterns and …

What's Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris

Faculty Publications

In Cedar Point Nursery v. Hassid, the U.S. Supreme Court unnecessarily expanded the Fifth Amendment’s Takings Clause. In doing so, the Court veered away from established precedent and overturned prior case law—without expressly admitting to doing so. In 2021, the Court held that a California law allowing access by union organizers to enter private property under certain conditions took away a landowner’s right to exclude others and was (apparently) immediately compensable under the Fifth Amendment’s Takings Clause. Prior law had subjected temporary takings to an uncertain, unpopular, and ambiguous balancing test—but the Cedar Point holding turned temporary takings jurisprudence on …

Contracts For Cohabitating Romantic Partners, Bailey D. Barnes

Faculty Publications

Marriage rates in the United States are at record lows; meanwhile, more couples are choosing to live together outside of marriage. Despite the changing landscape of romantic relationships, the law of nonmarriage has not kept pace. Rather than having a coherent, majority rule approach, the individual states have employed differing methods of providing for property distribution at the end of a long-term unmarried cohabitation. Unfortunately, absent the formal protections offered by marriage for both parties following a divorce, many cohabitants are at risk of suffering inequitable property distribution following the termination of a cohabitation. This Article proposes that states uniformly …

Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato

Faculty Publications

Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …