Digital Commons Network^™

Obergefell And Resistance, Tiffany C. Graham

Scholarly Works

The movement for LGBT equality achieved a seminal victory in June 2015 -- the Supreme Court held in Obergefell v. Hodges that same-sex marriage bans violated the Fourteenth Amendment to the U.S. Constitution. In the face of this triumph, many people of faith continue to disapprove of same-sex marriage. They are now advocating for spaces of objection that will, among other things, allow them to disclaim the need to follow anti-discrimination norms that might result in even a tangential connection to the marriage ceremonies themselves. This Essay sketches some of the most recent controversies flowing from the rearguard effort, and …

Extreme Contrast Enchantment Of An All-Optical And Gate, Saif Al Graiti

Theses

We experimentally demonstrate a 31.2-dB-contrast all-optical AND gate based on a Fabry-Pérot semiconductor optical amplifier (SOA). Typically, cross phase modulation is the dominant nonlinearity as it shifts a FPSOA resonance to trigger the AND-gate functionality. Cross polarization modulation (XPolM) is introduced here to produce a distinct output SOP for the high-state power that is different from the low-state power. A linear polarizer is used to block the low-state power to enhance the contrast by 24 dB, far exceeding previous demonstrations for such FPSOA gates.

Getting Kosovo Back To Work - Assessing Youth Employability In Kosovo, Iliriana Halili

Theses

The aim of this research project is to analyze the supply side of Kosovo’s labor market with a focus on the employability of youth in Kosovo. In this Honors Project, I place special focus on analyzing the extent that the youth of Kosovo is prepared to enter and stay in the labor market. By placing particular focus on that area, I will be able to thoroughly examine Kosovo’s education system which represents the basis for the development of human capital; in particular, I analyze whether it is fostering or hampering the employability of youth in Kosovo. The data collected were …

The Role Of Economic Zones And Their Potential To Attract Diaspora Investment In Kosovo, Milot Burani

Theses

The Kosovar diaspora presents a large opportunity for the nation to utilize towards the aim of development. Through the years, the massive amount of resources sent to Kosovo from the diaspora, in the form of remittances, has been realized but has not been effectively utilized and channeled for development projects. The growing reliance on these remittances does not represent a sustainable approach for the country’s development as these inflows and could in fact prove to lead to the exact opposite. In order to make better use of Diaspora funds and increase foreign direct investments in the country, the Kosovar government …

Guidelines For The Presentation And Planning Of Cultural Heritage In The Municipal Development Plan Of Vushtrri (Mdpv), Arben Rrecaj

Theses

This capstone project addresses the lack of proper presentation of the current state of cultural heritage and the lack of proper planning of cultural heritage in the Municipal Development Plan of Vushtrri (MDPV).[1] The project involves a range of activities, such as meetings with the institution responsible for the design of MDPV and the company contracted to draw up the document, visits to cultural heritage sites, and Internet research. This project provides guidelines for amending parts of the MDPV that pertain to cultural heritage. This amendment consists of the comprehensive presentation and planning of the cultural heritage of the …

International Cooperation To Improve Access To And Sustain Effectiveness Of Antimicrobials, Christine Årdal, Kevin Outterson, Steven Hoffman, Abdul Ghafur, Mike Sharland, Nisha Ranganathan, Richard Smith, Anna Zorzet, Jennifer Cohn, Didier Pittet, Nils Daulaire, Chantal Morel, Zain Rizvi, Manica Balasegaram, Osman Dar, David Heymann, Alison Holmes, Luke Moore, Ramanan Laxminarayan, Marc Mendelson, John-Arne Røttingen

Faculty Scholarship

Securing access to effective antimicrobials is one of the greatest challenges today. Until now, efforts to address this issue have been isolated and uncoordinated, with little focus on sustainable and international solutions. Global collective action is necessary to improve access to life-saving antimicrobials, conserving them, and ensuring continued innovation. Access, conservation, and innovation are beneficial when achieved independently, but much more effective and sustainable if implemented in concert within and across countries. WHO alone will not be able to drive these actions. It will require a multisector response (including the health, agriculture, and veterinary sectors), global coordination, and financing mechanisms …

The Right To Silence V. The Fifth Amendment, Tracey Maclin

Faculty Scholarship

This paper concerns a well-known, but badly misunderstood, constitutional right. The Fifth Amendment to the Constitution guarantees, inter alia, that no person “shall be compelled in any criminal case to be a witness against himself.” For the non-lawyer, the Fifth Amendment protects an individual’s right to silence. Many Americans believe that the Constitution protects their right to remain silent when questioned by police officers or governmental officials. Three rulings from the Supreme Court over the past twelve years, Chavez v. Martinez (2003), Berghuis v. Thomkpins (2010) and Salinas v. Texas (2013), however, demonstrate that the “right to remain silent” that …

Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

Faculty Scholarship

Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.

Although CLE programs have undertaken some human rights and law reform work, …

If Corporations Are People, Why Can’T They Play Tag?, Cody Jacobs

Faculty Scholarship

The Supreme Court’s decision in Burnham v. Superior Court — despite producing a splintered vote with no opinion garnering a majority of the Court — made one thing clear: an individual defendant can be subject to personal jurisdiction simply by being served with process while he or she happens to be in a forum regardless of whether the defendant has any contacts with that forum. This method of acquiring personal jurisdiction is called transient or “tag” jurisdiction. Tag jurisdiction is older than minimum contacts jurisdiction, and used to be the primary method for determining whether an out of state defendant …

A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen Pita Loor

Faculty Scholarship

This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. SCOMM has now been revived through …

Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich

Faculty Scholarship

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …

Instrumental And Transformative Medical Technologies, Nicole Huberfeld

Faculty Scholarship

This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (A CA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being "instrumental technology" or "transformative technology." Instrumental technology acts as a tool of medicine and often serves an existing aspect of health …

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …

First-Episode Of Synthetic Cannabinoid-Induced Psychosis In A Young Adult, Successfully Managed With Hospitalization And Risperidone, Aaron Roberto, Aileen Lorenzo, Jonathan Young, Abhishek Mohan, Subhash Pinnaka, Kyle Lapidus

NYMC Residents/Fellows Publications

Synthetic cannabinoids- (SCs-) induced psychosis is a growing public health concern. It leads to significant impairment, including emotional distress, difficulty communicating, and other debilitating symptoms. In this case report, we discuss a patient with no previous history of psychotic symptoms, presenting with first-episode psychosis in the context of progressive, acutely worsening, disorganized, psychotic thoughts and behaviors following prolonged use of SCs. We also discuss relevant literature on SCs-induced psychosis, highlighting its prevalence, presentation, diagnosis, and recommended management. It is important to diagnose and treat SCs-induced psychosis as early and efficiently as possible, in order to alleviate symptoms while limiting functional …

Federalism Form And Function In The Detroit Bankruptcy, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Comparative Perspectives On Strategic Remedial Delays, Holning S. Lau

Faculty Publications

No abstract provided.

Revisiting The Taxation Of Fringe Benefits, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Racemose Neurocysticercosis., Kristin Krupa, Kelly Krupa, Bs, Mary L Pisculli, Deena M Athas, Christopher J Farrell, Md

Department of Neurosurgery Faculty Papers

BACKGROUND: Neurocysticercosis (NCC) is an invasive parasitic infection of the central nervous system caused by the larval stage of the tapeworm Taenia solium. The clinical manifestations of NCC depend on the parasitic load and location of infection, as well as the developmental stage of the cysticerci and host immune response, with symptoms ranging from subclinical headaches to seizures, cerebrovascular events, and life-threatening hydrocephalus. Racemose NCC represents a particularly severe variant of extraparenchymal NCC characterized by the presence of multiple confluent cysts within the subarachnoid space and is associated with increased morbidity and mortality, as well as a decreased response to …

The Making Of Seaside’S “Indian Place”: Contested And Enduring Native Spaces On The Nineteenth Century Oregon Coast, Douglas Deur

Anthropology Faculty Publications and Presentations

During the mid nineteenth century, non-Native settlement and activities disrupted and changed historic Chinook and Clatsop communities at the mouth of the Columbia River. Indian Place in what would be Seaside, Oregon, became home to a number of displaced peoples and an enclave where “the living gathered with the remains of the dead,” for “modest protection from the apocalyptic changes that so radically disrupted tribal lands, lives, and worldviews.” Douglas Deur documents tribal migration to the Indian Place during the late nineteenth and early twentieth centuries and calls attention to many of its significant early residents. Transitional communities such as …

Developing Agritourism In The Caribbean: Critical Ethnography And Sustainable Landscape Design To Improve The Human Experience At Letan Bossier, Haiti, Kristen Maria Lonon

LSU Master's Theses

The Letan Bossier, Haiti community is in need of continued investment from international agencies, in an effort to improve conditions for locals, along with shaping the experience of the tourist, at and around an attractive natural basin, three miles north-west of Cayes-Jacmel, Haiti, at about 187 meters above sea level. In order to improve one’s journey through this mountainside community to the Grand Basin, capital investments must be made. The goal of the proposed design solutions is to solve for the locals first, in turn, attracting tourists to experience a space that’s supported by its own people. The goal of …

Slaying Contingent Beneficiaries, Kevin Bennardo

Faculty Publications

No abstract provided.

Rethinking Victim-Based Statutory Sentencing Enhancements, Kevin Bennardo

Faculty Publications

No abstract provided.

The Role Of Courts In Assisting Individuals In Realizing Their S. 2(B) Right To Information About Court Proceedings, Graham Reynolds

All Faculty Publications

In this paper, I argue that Canadian courts ought to take all reasonable steps to assist individuals in fully realizing their s. 2(b) right to information about court proceedings, both by providing individuals with online access to information about court proceedings (directly and by partnering with third parties), and by implementing policies on the use of electronic devices in courts that minimize restrictions on the ability of individuals and news media to disseminate information about court proceedings to the public. This paper will proceed as follows. I will begin by establishing that individuals are entitled, under s. 2(b) of the …

The Limits Of Statutory Interpretation: Towards Explicit Engagement, By The Supreme Court Of Canada, With The Charter Right To Freedom Of Expression In The Context Of Copyright, Graham Reynolds

All Faculty Publications

In its post-2002 copyright jurisprudence, the Supreme Court of Canada has clarified that the Copyright Act grants a significant degree of latitude to non-copyright owning parties to express themselves using copyrighted works. This outcome is attributable neither to the SCC having interpreted provisions of the Copyright Act according to Charter values nor to the SCC having weighed provisions of the Copyright Act against the section 2(b) right to freedom of expression. Rather, it has resulted from the SCC interpreting provisions of the Copyright Act through the lens of the purpose of copyright, as re-articulated by the SCC. The author argues …

Pluralizing The 'Sharing' Economy, Erez Aloni

All Faculty Publications

The so-called sharing economy presents one of the most important and controversial regulatory dilemmas of our time — yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible …

Precedent Revisited: Carter V Canada (Ag) And The Contemporary Practice Of Precedent, Debra Parkes

All Faculty Publications

In addition to the important substantive changes to Canadian law brought about by Carter v Canada (AG), the decision is significant for its consideration of the doctrine of stare decisis. This article examines the circumstances under which Canadian courts, including courts lower in the relevant hierarchy, might be entitled to revisit otherwise binding, higher court precedents and to depart from them. At least in constitutional cases, the Carter trial decision affirms that trial judges may reconsider rulings of higher courts where a new legal issue is raised or where there is a change in circumstances or evidence that “fundamentally shifts …

Organizing For Change: A Case Study Of Grassroots Leadership At A Kentucky Community College, Andrea Rae Borregard

Theses and Dissertations--Educational Policy Studies and Evaluation

Community colleges constitute a special type of higher education organization: their complex mission, dynamics, personnel structures, and values require a distinct set of understandings and skills to lead and manage them well. Most of the research on leadership in community colleges focuses on leaders in positions of power (presidents, provosts, etc.) and not on grassroots or bottom-up leadership. Bottom-up leaders are individuals who perpetuate change without having the backing of a formal position of authority to do so. Recent leadership research validates the importance of having change agents at all levels of an organization in order to further the mission …

Pipelines To Leadership: Aspirations Of Faculty In The Community College Kentucky Community And Technical College System, Erin C. Tipton

Theses and Dissertations--Educational Policy Studies and Evaluation

Community colleges are challenged to find their next set of leaders who can respond to the diverse challenges of leading the institution. This study examined the impact of institutional and personal factors on faculty aspirations to leadership roles within the community college through the utilization of the Social Cognitive Career Theory framework. A case study research design utilizing mixed-methods investigated the perceived and preferred organizational culture(s) and the manner in which institutional and personal factors influence faculty aspirations to assume leadership roles at Southcentral Kentucky Community and Technical College.

The findings of the research indicate that affecting change and being …

Pipelines To Leadership: Aspirations Of Executive-Level Community College Leaders To Ascend To The Presidency, Reneau Waggoner

Theses and Dissertations--Educational Policy Studies and Evaluation

One of the challenges facing community colleges in the United States is the looming retirements of executive/senior-level leadership, particularly the president, on a wide scale. This study explored the career aspirations of executive-level leaders within the community college using Social Cognitive Career Theory as the conceptual framework. Within the context of a three-person collaborative dissertation project, a mixed methods case study approach was utilized for the research design. It first examined the perceived and preferred organizational culture(s) by administering the Organizational Culture Assessment Instrument (OCAI). Building upon results of the OCAI, interviews with executive-level leaders explored how personal and institutional …

Questioning As A Civic Act: An Examination Of How Social Studies Teachers Define, Develop, And Cultivate Questions For Inquiry, Rebecca Glasgow Williams Mueller

Theses and Dissertations--Education Sciences

The present qualitative study used socio-cultural theory (Wertsch, 1998), pedagogical content knowledge (Shulman, 1987), and reflective practice (Schön, 1983) to examine how social studies teachers define and develop inquiry questions. Existing literature reflects a long tradition of equating inquiry with high quality social studies instruction (e.g., Barton & Levstik, 2004; Bruner, 1977; Griffin, 1942) and arguing that successful inquiry hinges on an engaging question (Barton & Levstik, 2004; Grant, 2003), but relatively little attention has been paid to how teachers characterize and develop questions for use with inquiry (Grant & Gradwell, 2010). The main research question was: How do high …