Digital Commons Network^™

Fda After Loper Bright, Erika Lietzan

Faculty Publications

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Loper Bright, which overruled the Chevron decision from 1984, tells us that a court should determine the meaning of all statutory provisions for itself, rather than deferring to the views of the federal agencies that implement those provisions. But the overruling of Chevron may have less of an impact on the U.S. Food and Drug Administration than conventional wisdom supposes. Most challenges to FDA action do not concern its statutory interpretations. And the agency prevailed in most cases involving statutory interpretation, before the Chevron doctrine took hold. After 1984, when the doctrine did apply, the agency often lost cases at …

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Rosenwald Rural School Libraries, Suzanne Marie Stauffer

Faculty Publications

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The Rosenwald Rural School Libraries Program was created as an adjunct to the Rosenwald Rural Schools Program, which funded the construction of 4,977 rural Black school buildings in fifteen Southern states, 395 of them in Louisiana. However, it soon became apparent that providing textbooks was not enough to promote literacy and develop self-directed reading among students. The officers and agents of the Fund realized fairly early in the Rural Schools Program that there was a want of reading materials in the South in general. Beginning in 1927, the Rosenwald Fund began providing collections of graded fiction and non-fiction books to …

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Desperation Finance: Merchant Cash Advances In Bankruptcy And Beyond, Kara J. Bruce

Faculty Publications

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Over the last several years, Merchant Cash Advances (“MCAs”) have risen in prominence as a form of short-term financing for distressed small businesses. MCA transactions are distinct from most small-business lending because they are not structured as loans at all. Rather, in exchange for a lump sum of cash, the merchant purports to sell to the funder an unidentified percentage of its future receipts or receivables. This structure allows funders to sidestep the application of lending regulations and usury protections, but it strains the foundations of commercial law and generates a host of interpretive challenges.

Bankruptcy, district, and circuit courts …

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Reinforcement Learning-Enabled Control And Design Of Rigid-Link Robotic Fish: A Comprehensive Review, Nhat Dinh, Darion Vosbein, Yuehua Wang, Qingsong Cui

Faculty Publications

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With the rising demand for maritime surveys of infrastructure, energy resources, and environmental conditions, autonomous robotic fish have emerged as a promising solution with their biomimetic propulsion, agile motion, efficiency, and capacity for underwater inspection, monitoring, data collection, and exploration tasks in complex aquatic environments. Inspired by fish spines, rigid-link fish robots (RLFRs), a category of robotic fish, are widely utilized in robotics research and applications. Their rigid, actuated joints enable them to reproduce the undulatory locomotion and high maneuverability of biological fishes, while the modular nature of rigid links between joints makes them cost-effective and easy to assemble. This …

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Navigating Racist Spaces Through Radical Self-Care: A Photovoice Exploration Of The Experiences Of Black Graduate Students, Laetitia Adelson, Cherese Fine, Dion Harry, Keneisha Harrington, Rebecca Lynn Morgan Ph.D., Tomiko Smalls, Jerad Green, Courtney Allen, Anuoluwapo Bankole, Robin Phelps-Ward

Faculty Publications

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This manuscript examines the impact of racist campus climates for Black graduate students at a predominantly white institution. Using a photovoice methodological design, this study illuminates students’ ability to thrive through radical self-care despite the many racist factors, incidents, and systems at the institution. The paper ends with recommendations for improving campus racial climate in graduate education.

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Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

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The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

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Amalie Joachim: Reminiscences Of Childhood, Robert W. Eshbach

Faculty Publications

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This bilingual edition presents Reminiscences of Childhood, the autobiographical narrative of the Austrian operatic singer Amalie Joachim (née Schneeweiss), in Nina Joachim’s English translation together with the original German text. Written for her daughters, the memoir recounts Joachim’s family background in Carinthia and Styria; her early musical training and exposure to domestic chamber music; the political and personal upheavals of the revolutions of 1848; the death of her father and the family’s subsequent poverty; and her first theatrical engagements in Troppau and Hermannstadt. The narrative offers a vivid first-person account of musical life, female artistic formation, family survival, provincial theatre, …

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Hyena: An Observing System Simulation Experiment For Hypothetical Energetic Neutral Atom Imagers, Joel Tibbetts, Amy Keesee, Matina Gkioulidou, Robert Demajistre, Viacheslav Merkin

Faculty Publications

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Mesoscale plasma sheet flows are widely understood to be a critical component of the overall picture of energy, particle, and magnetic flux transport during periods of geomagnetic activity. Without simultaneous measurements with true global coverage, the short lifetime (~10 min) and localized spatial extents (~1–3 R_E in azimuth) of these structures make obtaining a global picture of their contributions to stormtime magnetosphere dynamics difficult to characterize. Energetic neutral atom (ENA) imaging can enable remote mapping of plasma energization in the magnetosphere; however, its line-of-sight integrated nature, coupled with the challenging-to-characterize attributes of the target physical phenomena, means that numerous …

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Hydrodynamic Tipping Points In The Mississippi Sound In Response To Bonnet Carré Spillway Openings, Mustafa Kemal Cambazoglu, Brandy N. Armstrong, Mohsena Lopa, Marc Diard, Jerry D. Wiggert

Faculty Publications

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This project examines the current operational strategy of the Bonnet Carré Spillway (BCS), a Mississippi River flood-control structure located about 21 miles northwest of New Orleans, Louisiana, and managed by the U.S. Army Corps of Engineers. The BCS is part of the larger Mississippi River and Tributaries Project, a network of levees and control structures designed to minimize flooding from the American plains to southern Louisiana. The spillway is opened when river discharge at New Orleans is forecasted to exceed 1,250,000 cubic feet per second, diverting significant volumes of Mississippi River water into Lake Pontchartrain which subsequently flows into Mississippi …

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Ecological Tipping Points In The Mississippi Sound In Response To Modeled Bonnet Carré Spillway Openings, Kim De Mutsert, Aaron Ridall, Scott Milroy

Faculty Publications

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This project examines ecological effects of the current operational strategy of the Bonnet Carré Spillway (BCS), a Mississippi River flood-control structure located about 21 miles northwest of New Orleans, Louisiana, and managed by the U.S. Army Corps of Engineers. The BCS is part of the larger Mississippi River and Tributaries Project, a network of levees and control structures designed to minimize flooding from the American plains to southern Louisiana. The spillway is opened when river discharge at New Orleans is forecasted to exceed 1,250,000 cubic feet per second, diverting significant volumes of Mississippi River water into the Mississippi Sound. The …

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Convergence Of High Throughput Experimentation And Machine Learning To Rapidly Advance Application-Specific Polymer Development, Mashrafee Aryan, Daniel Struble, Felix Campbell, Saroj Upreti, S. M.Ashik Abedin, Aahil Khambawla, Jeetain Mittal, Michael S. Dimitriyev, Emily B. Pentzer, Svetlana A. Sukhishvili, Xiaodan Gu, Boran Ma

Faculty Publications

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Machine learning (ML) has heavily influenced the way scientific study is done with demonstrated successes in nearly every field. However, furthering performance and explainability of ML models in increasingly complex systems and with increasingly demanding outcomes requires a significant influx of high-quality data. To that end, this Review covers some of the techniques, instrumentation, and methodologies that have shown promise for significantly accelerating the discovery of polymer materials, optimization of their properties, and elucidation of property–application relationships through high throughput (HT) experimentation, characterization, and analysis. Attention is given to not only ML, but also to hardware advancements and their synergy …

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Maesa Ramentacea Leaf Extract Protects Against Gentamicin-Induced Nephrotoxicity In Wistar Rats By Modulating Renal Oxidative Stress, Inflammation And Apoptosis, Fahmida Akter, Md Shafiqul Islam Sovon, Baizid Hossain, Md Ariful Islam, Subrato Das, Anik Biswas, Md Sohorab Uddin, Md Mahmudul Hasan

Faculty Publications

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Background: Gentamicin-induced nephrotoxicity continues to be a significant clinical concern, while effective and safe protective options remain limited. The nephroprotective potential of Maesa ramentacea has not yet been explored. To address this gap, the present study investigated the ethanolic leaf extract of M. ramentacea (MR-LEE) for its effects on gentamicin-induced kidney injury in Wistar rats. Methods: GC-MS profiling was employed to identify bioactive metabolites. Rats were categorised into five groups: control, gentamicin (100 mg/kg), gentamicin combined with silymarin (100 mg/kg), gentamicin combined with MR-LEE (200 mg/kg) and gentamicin combined with MR-LEE (400 mg/kg). Renal biomarkers, oxidative stress indicators, inflammatory and …

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Building Capacity, Driving Impact: A Landscape Analysis Of Community Engagement And Outreach Cores' Activities, Emily Frankel, Stephanie Broyles, Stephenie Kennedy-Rea, Casey Solsrud, Elizabeth K. Woods, Deborah Goebert, Zsolt Nagykaldi, Holly Huye, Lee M. Pachter

Faculty Publications

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Community Engagement and Outreach (CEO) Cores are a key component of the IDeA Clinical and Translational Research (IDeA-CTR) Program, serving to develop and implement capacity-building initiatives that empower communities to engage and collaborate with investigators in community-engaged research. To strengthen collaboration and shared learning across sites, a CEO Special Interest Group was established. In 2022, the group conducted a landscape analysis to systematically characterize and categorize CEO Core activities across the IDeA-CTR network, with a focus on capacity-building efforts related to knowledge transfer, co-learning, and infrastructure development. The analysis revealed several common approaches to community engagement and capacity building across …

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Do Audit Partner And Audit Committee Member Ideologies Influence Engagement Partner Selection And Financial Reporting Oversight Effectiveness?, Robert Felix, Sattar Mansi, Mikhail Pevzner, Timothy Seidel

Faculty Publications

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This study examines whether the ideological orientation of the audit partner and audit committee members— defined as their personal belief systems and inclinations, including their attitude toward risk, ambiguity, and novelty—has an impact on engagement partner selection and the effectiveness of oversight in the financial reporting process. Drawing on prior evidence that the two main US political parties reflect different ideologies, we hand-collect political donation data to construct ideological scores for audit partners and audit committee members. Our findings highlight several intriguing relationships. First, audit committees are more likely to select an ideologically dissimilar partner. Second, greater ideological dissimilarity between …

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The Composition Of Gases From A Diffusion Flame Above Longleaf Pine Needle Fuel Beds, David R. Weise, Thomas H. Fletcher, Timothy J. Johnson, Weimin Hao, Russell G. Tonkyn, Catherine A. Banach, Javier Palarea-Albaladejo, Mahsa Alizadeh, Stephen Baker

Faculty Publications

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The gas and tar composition of a wildland fire diffusion flame from longleaf pine needles is currently relatively unmeasured and more data are needed to fill in the gap between pyrolysis data and smoke plume data, thus improving physical and chemical modeling of wildland smoke formation. A pilot experiment to measure light gas and tar composition of such a flame is described for three flame zones: persistent flame (flame base), intermittent flame, and smoke plume. Flame gases from 24 experimental fires were collected in canisters and analyzed for CO2, CO, H2, CH4, and C2 to C7 hydrocarbon gases. Other light …

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Efficiently Stowed Flashers With Uniform-Thickness Panels Based On Non-Developable Origami, Larry L. Howell, Robert J. Lang, Specer P. Magleby, Davis Wing

Faculty Publications

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We present the mathematical construction of a deployable flasher pattern with near-uniform nonzero thickness in the deployed form and efficient face-to-face packing in the stowed form. We demonstrate its fabrication, deployment, and stowage. The results facilitate the design and manufacture of deployable systems with panels whose substantial thickness is dictated by the end application, with particular utility for space systems.

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Limits On Damages For Breach Of A Forum Selection Clause, John F. Coyle, Tanya Monestier

Faculty Publications

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When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate. This is because the conventional wisdom among judges has long been that damages are not available for breach of a forum selection …

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A First Amendment Right To Know, David S. Ardia

Faculty Publications

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This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across the country. Based in part on a Supreme Court decision from the 1970s involving access to prisons, the government argued that the First Amendment imposes no constraints on government secrecy. If it is true that the government can shield its exercise of police power from …

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Private Prosecution And The State, Anna Arons

Faculty Publications

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The modern family regulation system is paradigmatically public. In the common account, the state plays a monopolistic role. It decides which families to investigate and which to prosecute, which families to surveil and which to separate, and which services and benefits to provision for families entangled in the system. Yet, this public family regulation paradigm obscures the role of private prosecution. Nearly half of states permit private individuals to initiate dependency prosecutions. In these cases, private prosecutors allege that parents have neglected or abused their children and seek state intervention on the fundamental right to family integrity.

This Article surfaces …

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The Right To Seek Joy, Tyler Rose Clemons

Faculty Publications

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Within the past three years, roughly half of American states have restricted access to gender-affirming medical treatment for children. In this article, I argue that these bans violate transgender children’s right to liberty guaranteed by the Fourteenth Amendment’s Due Process Clause. I do so by excavating the Framers’ understanding of liberty as the right to seek joy. Rooted in the philosophies of John Locke and Epicurus, the Framers understood liberty as the right to make important life decisions according to one’s subjective preferences without undue interference from the government. Based on this understanding, I develop a new framework for substantive …

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Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

Faculty Publications

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With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

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Systemic Racism As Negligence, Taifha Natalee Alexander

Faculty Publications

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(Excerpt)

If negligence doctrine can hold polluters liable for foreseeable toxic harm, should it not also hold schools liable for the racial toxins their policies foreseeably cause? Negligence serves as a critical doctrinal vehicle for redressing harm resulting from failures to exercise care. Embedded in common law traditions, negligence doctrine has evolved significantly through application to new contexts where systemic, rather than individualized, failures produce harm. Some courts have applied negligence doctrine to an expanding range of institutional responsibilities, from medical malpractice to corporate liability. Yet, despite the doctrine’s flexibility, courts have not applied the framework to address one of …

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At The Intersection Of Property And Disaster Recovery, Jeanne Ortiz-Ortiz

Faculty Publications

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(Excerpt)

When disaster strikes, communities rally to meet urgent, short-term needs—food, shelter, and medical care that keep people alive and safe in the immediate aftermath. For days, we see images of flooded streets, emergency shelters, and calls to support fundraising campaigns in the media cycle. Long-term recovery after a disaster often depends on something less visible: the ability of people, especially those experiencing economic insecurity, to rebuild or return to stable, functional homes.

The outcome of this largely depends on whether families can navigate and access assistance programs like those offered by the Federal Emergency Management Agency (FEMA). Can you …

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Building Shields: Accreditation, Insurance, And Public-Private Partnerships As Tools To Safeguard Critical Race Theory And Democracy In Higher Education, Taifha Natalee Alexander

Faculty Publications

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(Excerpt)

Following the racial justice uprisings of 2020, universities have become increasingly vulnerable to coordinated political campaigns aimed at dismantling antiracist teaching, training, and research. These attacks, ranging from legislative bans on Critical Race Theory (“CRT”) to executive efforts to dismantle the U.S. Department of Education, expose the fragility of higher education’s role as a guardian of democratic pluralism. This Essay demonstrates that universities cannot rely solely on moral suasion or First Amendment litigation to resist these escalating, structural assaults. Instead, colleges and universities must build a multilayered legal strategy that renders the teaching of CRT and the pursuit of …

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Using Network Models To Understand Biological Signaling Architecture, Russ White, Emily Brown Reeves, Gerald L. Fudge

Faculty Publications

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Engineers have developed abstract network models to better understand the recurring problems faced by communication systems. This paper argues that these models can be generalized to describe biological communications systems given that they share many requirements with human-designed systems, including functional requirements and physical constraints. Leveraging collaboration, biologists and engineers can work together to use well-understood communication systems, designed to carry data across a computer network, as a model for analyzing less well-understood biological communication systems in order to make predictions and uncover previously unknown functionalities. To illustrate this approach, we apply the Recursive Internet Network Architecture model (RINA) to …

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Pullulan Production From Lignocellulosic Plant Biomass Or Starch-Containing Processing Coproduct Hydrolysates, Thomas P. West

Faculty Publications

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The complex polysaccharide pullulan is characterized as a glucose-containing biopolymer that is both water-soluble and neutral in polarity. A variety of commercial applications exist for pullulan, including its utilization as a flocculant, a blood plasma substitute, a food additive, a dielectric material, an adhesive, or a packaging film. The fungus Aureobasidium pullulans has used several hydrolysates derived from plant biomass or starch-containing processing coproducts to support polysaccharide production. These include various plant biomass or processing coproduct streams such as lignocellulosic-containing peat, prairie grass, stalks, hulls, straw, shells, and pods or starch-containing coproducts from the processing of corn, rice, jackfruit seeds, …

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Workshop Outcomes Report: 2nd International Workshop On Seismic Resilience Of Arctic Infrastructure And Social Systems, Majid Ghayoomi, Daniela Morganti

Faculty Publications

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The report provides an overview of the second international workshop on Seismic Resilience of Arctic Infrastructure and Social Systems. The report discusses agenda, workshop activities, interdisciplinary working groups, and results. It ends with several strategic questions and investigation plans that were developed as part of the workshop activities.

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Against Doctrinal Siloing: Harmonizing Fiscal Federalism And The U.S. Constitution, David Gamage, Darien Shanske

Faculty Publications

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This Essay argues that constitutional law’s treatment of fiscal federalism has fractured into a bewildering collection of doctrinal silos. Federal spending that pressures states, federal preemption of state taxes, the Dormant Commerce Clause, sovereign immunity, Section 5 of the Fourteenth Amendment, and the federal taxing power are all analyzed through distinct tests, even when they implicate the same basic conflict between federal authority and state fiscal autonomy. The result is not just theoretical confusion but inconsistent constitutional answers. Current doctrine can protect states from comparatively modest liabilities while leaving uncertain whether Congress may displace large swaths of state revenue authority. …

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De-Skilling Or Re-Skilling? The Case For Smarter Writing Assignments, John Lande

Faculty Publications

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This article challenges the assumption that AI inevitably leads to the de-skilling of law students.  Some faculty understandably fear that students will use AI to bypass critical thinking and avoid meaningful effort.  This article reframes AI as a potential catalyst for improving legal education rather than inherently a threat.

Concerns about de-skilling generally are based on the assumption that faculty will not change traditional writing assignments.  This article analyzes why these assignments often fail to help students develop strong analytical and writing skills. These include limited instruction in basic writing skills, poor design, lack of feedback, and faculty inertia in …

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Factors Influencing Senior Practicum Readiness For Nursing Practice: A Descriptive Correlational Study, Beth Nease Phd, Dnp, Rn, Ne-Bc, Cynthia F. Corbett Phd, Rn, Faan, Stephanie Armstrong Phd, Msn, Rn, Kesheng Wang Phd, Ma, Bs, Kathy Casey, Kong Chen

Faculty Publications

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Background:

This study investigated the influence of belongingness, self-efficacy, and clinical learning support on readiness for nursing practice and explored the role of demographic factors and nursing program differences.

Method:

A quantitative, descriptive approach was used to explore undergraduate prelicensure senior nursing students' perceptions across the United States.

Results:

Descriptive statistics, Pearson correlation, and multiple linear regression demonstrated students in traditional Bachelor of Science in Nursing programs reported significantly higher scores across all domains compared with those in associate degree programs (p < .01). Similarly, students in programs with ≤400 clinical hours and those assigned only one preceptor scored significantly higher on all measures (p < .01 and p < .05, respectively). Regression analysis indicated self-efficacy and learning support explained 47.9% of the variance in practice readiness (p < .05).

Conclusion:

These findings share how clinical experiences shape students' readiness for nursing practice. Recommendations …

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