Digital Commons Network^™

Brief Of Amici Curiae Scholars Of The Constitutional Rights And Interests Of Children In Support Of Respondents In Masterpiece Cakeshop Ltd, Et Al V. Colorado Civil Rights Commission, Angela Onwuachi-Willig, Catherine E. Smith, Lauren Fontana, Tanya Washington, Barbara Bennett Woodhouse

Faculty Scholarship

Masterpiece Cakeshop LTD, et al v. Colorado Civil Rights Commission is about much more than a wedding cake. It is about the rightful place of LGBT people and their families in the commercial and public sphere. In fact, children are already bearing the brunt of exclusionary practices in the public marketplace because of their relationship to or association with their LGBT parents. In Michigan, a pediatrician refused to treat an infant based solely on the fact that the child had lesbian mothers. In Kentucky, a judge refused to hear adoption cases of children involving LGBT adoptive-parents-to-be. In Tennessee, a nondenominational …

By Any Other Name: Rational Basis Inquiry And The Federal Government's Fiduciary Duty Of Care, Gary S. Lawson, Guy I. Seidman

Faculty Scholarship

Under modern law, federal legislation is subject to “rational basis review” under the doctrinal rubric of “substantive due process.” That construction of the Fifth Amendment’s Due Process Clause is notoriously difficult to justify as a matter of original constitutional meaning. Something very similar to substantive due process, however, is easily justifiable as a matter of original constitutional meaning once one understands that the Constitution, for interpretative purposes, is best seen as a kind of fiduciary instrument. Fiduciary instruments operate against a background of legal norms that notably include a duty of care on the part of agents. All federal actors …

Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson

Faculty Scholarship

The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law” – from the principle of legality forbidding executive or judicial action in the absence of law to the requirement of notice before valid judicial judgments to a limitation on arbitrary governmental action that today goes under the heading of “substantive due process” – is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process …

Comment On "Error And Regulatory Risk In Financial Institution Regulation", Keith N. Hylton

Faculty Scholarship

I agree with just about everything Jonathan Macey (2017) says in his symposium contribution. His claim that bureaucratic tendencies toward regularity—specifically, treating like cases alike—generate errors in categorization seems appropriate to me. His explanations of the pathologies in financial regulation should fall in the category of essential or required reading for anyone who chooses to write on the topic. Where I differ from Macey is in the choice of framework, or perspective from which to view the pathologies. Whereas Macey adopts an “error cost” framework, which is clearly appropriate for this symposium, I would build explicitly on a “public choice” …

The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity, Danielle K. Citron, Benjamin Wittes

Faculty Scholarship

What do a revenge pornographer, gossip-site curator, and platform pairing predators with young people in one-on-one chats have in common? Blanket immunity from liability, thanks to lower courts’ interpretation of section 230 of the Communications Decency Act (CDA) beyond what the text, context, and purpose support. The CDA was part of a campaign — rather ironically in retrospect — to restrict access to sexually explicit material online. Lawmakers thought they were devising a safe harbor for online providers engaged in self-regulation. The CDA’s origins in the censorship of “offensive” material are inconsistent with outlandishly broad interpretations that have served to …

Characterizing The Role Of Cpsa In Mycobacterial Pathogenesis, Amir Hassan

Undergraduate Research Symposium Posters

Mycobacterium tuberculosis infects one-third of the world’s population and causes an estimated 2 million deaths per year, more than any other single bacterial pathogen. The inadequacies of existing tuberculosis therapies demand the discovery of novel agents to treat M. tuberculosis infection, which requires mechanistic insight into the pathways involved in mycobacterial pathogenesis. We identified an unanticipated role of the M. tuberculosis protein CpsA in preventing phago-lysosome fusion by host macrophages, resulting in enhanced intracellular survival of bacteria within the host. Strains of M. tuberculosis lacking cpsA are severely attenuated in both macrophage and mouse models, thus establishing CpsA as a …

Pupillometric Response To Implicit Social Exclusion, Jared Balbona, Grace Hwang, Lori Markson

Undergraduate Research Symposium Posters

Previous research suggests that people are highly sensitive to rejection, and may even display physiological reactions, such as increased pupil dilation, when they are explicitly rejected by others compared to when they are accepted (Silk et al., 2012). To our knowledge, no research to date has investigated pupil dilation in response to implicit social exclusion. To address this gap, we obtained pupillometric values using a Cyberball paradigm, in which 11 participants were either included or indirectly excluded while playing an online ball game. Participants were told before each game that they would be playing with either human players (i.e., other …

Design And Activation Of Frequency Tunable 200ghz Gyrotron, Natalie Golota, Faith Scott, Edward Saliba, Brice Albert, Alexander Barnes

Undergraduate Research Symposium Posters

Dynamic Nuclear Polarization (DNP) when combined with Nuclear Magnetic Resonance (NMR) yields high sensitivity spectra while decreasing sample acquisition time. DNP transfers polarization from electron to nuclear spins, giving a strong enhancement of NMR signal. DNP is rapidly developing area of research due in part to application of cyclotron resonance masers (gyrotron) as high power microwave sources. Gyrotrons provide a high-power, high-frequency microwave source that can be used in close proximity to high field NMR magnets. Gyrotrons are operated under strong vacuum and within a cryogenic superconducting magnetic. Gyrotron microwave power is generated by a magnetron injection gun (MIG) composed …

Significance Of The Feminization Of Male Eating Disorders, Rachel Rothman

Undergraduate Research Symposium Posters

Today, many individuals develop eating disorders; however, eating disorders are typically associated with women. In this paper, I declare that male eating disorders are stigmatized due to the feminization of eating disorders. I explain why this stigma exists and how this bias inhibits professionals from conducting objective research on male eating disorders and diagnosing them correctly. I illustrate how the stigma prevents men from recognizing their own unhealthy behaviors and can deter individuals from recognizing eating disorder-related behaviors in other men. Throughout the essay, I provide my own analysis regarding how to combat the stigmatization of eating disorders. By writing …

Antifungal Genome Mining And Genetics In Filamentous Actinomycete Bacteria Isolated From Local Soils, Jacob Alex, Kevin Lou, Bilal Makhdoom

Undergraduate Research Symposium Posters

Actinomycetes are gram positive, filamentous bacteria that produce useful antibiotics, antitumor agents, and agricultural products. A series of enrichments were undertaken to isolate actinomycetes from local soils, varying enrichment media, antibacterials, and soil treatments (including heat and CaCO3). Isolates were characterized by 16S rDNA sequencing, phenotypic and morphological observations, and antibiotic production. The genetic tractability of select isolates was analyzed using a panel of integrating vectors derived from ɸC31, ɸBT1, and OzzyJ phage using intergeneric conjugation. Further, a semi-degenerate multiplex PCR assay to detect ɸBT1 genomic integrants was designed and tested for the first time. Finally, PCR screens were used …

The Localization And Function Of Novel Tetrahymena Thermophila Cytoskeletal Genes Bbc29 And Bbc39, Emily K. Moore, Nicole C. Zanolli

Undergraduate Research Symposium Posters

Ciliary function is known to play an important role in many human conditions, including chronic sinus and pulmonary diseases and problems with infertility. Cilia are cytoskeletal structures that protrude from the cell body to facilitate movement. Ciliary structure is conserved throughout eukaryotes, from unicellular to multicellular organisms, including humans. A clear understanding the proteins that compose cilia and how they interact with one another will increase our knowledge about important cytoskeletal elements. Because cilia are difficult to study in multicellular organisms, the unicellular eukaryote Tetrahymena thermophila serves as a useful model for the study of cytoskeletal genes, due to their …

University Assessment Services, Faculty Survey Of Student Engagement: Frequencies Report, 2017, Illinois State University

Student Success

Faculty Survey of Student Engagement (FSSE) Frequencies Report, University Assessment Services, Illinois State University, 2017.

Community Land Trusts: A Help Or Hindrance To Community Development In The United States, Andrew Kuka

Student Research – Stevenson Center

The availability of affordable housing in the United States continues to be an issue for Americans who are on the brink of homelessness, rely on housing subsidies, or struggle to pay their mortgages or rents. These issues, as well as the gentrification threat that community development poses to low-income residents can have deleterious effects on democratic participation and community development efforts. One proposed solution to these problems is the implementation of more community land trust programs nationally. This paper will assess the practicality of CLTs, and what such an implementation would mean for individuals, government entities, community members, and community …

Tribute To Arthur Murphy, Peter L. Strauss

Faculty Scholarship

Columbia Law School’s postwar class of 1948, perhaps more than any other, has brought remarkable distinction to both the school and the law. Marvin Frankel, Jack Greenberg, Jack Kernochan, Arthur Murphy, and Jack Weinberg have all both taught here and acted with enormous distinction an d success in the outside world of law – a grouping not so often to be found in the legal academy these days. Arthur Murphy, whom we celebrate here, moved between these worlds with ease: first as an associate at Columbia in 1949; then years in private practice and with the Department of Justice; then, …

Cognitive Performance Across The Life Course Of Bolivian Forager-Farmers With Limited Schooling, Michael Gurven, Eric Fuerstenberg, Benjamin C. Trumble, Jonathan Stieglitz, Bret Beheim, Helen Davis, Hillard Kaplan

ESI Publications

Cognitive performance is characterized by at least two distinct life course trajectories. Many cognitive abilities (e.g. “effortful processing” abilities including fluid reasoning, and processing speed) improve throughout early adolescence and start declining in early adulthood, while other abilities (e.g. “crystallized” abilities like vocabulary breadth) improve throughout adult life, remaining robust even at late ages. Although schooling may impact performance and cognitive “reserve”, it has been argued that these age patterns of cognitive performance are human universals. Here we examine age patterns of cognitive performance among Tsimane forager-horticulturalists of Bolivia, and test whether schooling is related to differences in cognitive performance …

Saving The Physics Ii: Who Needs To Be Saved? It Depends On Your Metaphysics, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

Physics does not need to be saved. If anything, physics was rescued in the early twentieth century with the advancement of both the theories of relativity and quantum mechanics. What needs to be saved is our world outlook or metaphysics because how a society acts and develops depends on what its belief systems are. Here we explore how a new metaphysics where consciousness is fundamental might just be what modern societies need.

Tribute To Arthur Murphy, Michael I. Sovern

Faculty Scholarship

Students remember Arthur Murphy as a warm, caring teacher with a great sense of humor, a man who helped them learn and grow. Our colleagues admired and respected his scholarship and his commitment to our school. While I shared all of that, to me, most importantly, Arthur was an empathetic friend for more than half a century. And this despite the fact that he had two strikes against him – he was a Harvard graduate and a Boston Red Sox fan.

Arthur was a member of what Tom Brokaw called “The Greatest Generation.” After fighting in World War II, he …

Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman

Faculty Scholarship

In celebrating the monumental accomplishments of the new form of public law litigation that Constance Baker Motley and her colleagues pioneered, this Essay reinterprets their paradigm-shifting body of work in a manner that obliges the current generation of civil rights advocates to change direction. In the hopes of reengaging the affirmative force of constitutional litigation after decades in which it has waned, this Essay argues that the central lesson to be derived from Motley’s generation lies not in the mode of public law litigation it pioneered but in the design of that litigation in the image of the dominant form …

The Right To Remain In Safety: The Impact Of Community Leadership On Philadelphia's Ice Holds Policy, Caitlin A. Barry

Faculty Publications

No abstract provided.

Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric L. Talley

Faculty Scholarship

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s lead, similarly permitting firms to execute “corporate opportunity waivers.” Surprisingly, more than fifteen years into this reform experiment, no study has attempted to either systematically measure the corporate response to these reforms or …

Nurse Educators’ Perceptions Of Using High-Fidelity Simulation In Teaching, Marlene Whigham

Theses and Dissertations

Nurse Educators’ Perceptions of Using High-Fidelity Simulation in Teaching. Marline Whigham, 2017: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. Keywords: nursing education, learning strategies, simulation, staff development, teaching styles.

High-fidelity simulation in nursing refers to the use of computerized manikins to offer realistic hands-on training to nursing students. The problem addressed by this dissertation was resistance among some faculty to the use of new computerized simulation technology in the nursing curriculum. The research question for this case study investigated how faculty members can incorporate simulation into the curriculum and barriers faced in setting the stage for …

Factors That Preclude College Completion Of Students At A Technical College In Georgia, Cicily Mapp

Theses and Dissertations

Key indicators for the success of colleges and universities are the rates of retention, persistence, and college completion (Hendon & Jenkins, 2012; Schreiner, 2014; Yunfan, 2015). However, current data indicate that a large number of institutions of higher education have had to identify strategies designed to increase the academic success of the students (USDOE, 2016). The purpose of the study was to identify and understand the factors that influence graduation rates of students who attend a technical college located in central Georgia. A primary goal would be to obtain information that could be used by teachers, staff, and educational leaders …

Gendering Migration Determinants: A Phenomenological Analysis Of Professional Immigrant Women From India, Noreen Ohlrich

Theses and Dissertations

The economic contributions of highly qualified (HQ) labor migrants from developing countries fuel the global talent race. The problem is that little is known about the women in this sought out talent pool. This phenomenological study addressed this neglected gendered dimension by exploring how professional Asian Indian women experienced the following aspects of international migration: (a) gendering international mobility, (b) women and the race for global talent, (c) policies and the labor market, (d) cultural stigma, (e) brain drain versus diaspora networks, and (f) the Asian Indian woman paradox.

Professional Asian Indian women from greater Frankfurt am Main, Germany were …

Modelo Aces: Caracterización De La Sostenibilidad Curricular En Programas Académicos Universitarios, Alejandro Higuera

Theses and Dissertations

El propósito de este estudio fue caracterizar la existencia e inclusión de la sostenibilidad curricular en las Unidades de Aprendizaje de Economía Urbana, Desarrollo Social y Ecología Urbana, conocer la opinión y determinar las fortalezas, oportunidades, debilidades o amenazas (FODA) del programa académico (PA) en Administración y Promoción de la Obra Urbana (LAPOU) en una universidad mexicana. Para lograrlo, se estableció una perspectiva metodológica cualitativa apoyada del método de estudio de caso. Apoyado del Modelo ACES, aplicado al programa de estudios y a los docentes. Bajo ese contexto, se estableció una muestra de 15 docentes, pero los sujetos no participaron …

Evaluación De Criterios E Indicadores Curriculares Como Estrategia Para Aseguramiento De La Calidad En Programas Académicos Universitarios, Erika Rivera Gutiérrez

Theses and Dissertations

La presente disertación surge de la necesidad de evaluar el nivel de cumplimiento decriterios e indicadores curriculares como estrategia para contribuir al aseguramiento de la calidad en programas académicos universitarios. La institución pública de educación superior se ubica en el municipio de Ixtlahuaca, estado de México.

El propósito de este estudio fue evaluar el nivel de cumplimiento de los criterios eindicadores de calidad del Plan de Estudios (PE), conocer la apreciación de los profesores, así como definir las áreas de oportunidad del programa académico (PA) de Diseño Gráfico (DG). Por tanto, se determinó una perspectiva metodológica de corte cualitativo con …

In Memoriam: Judge Miriam Goldman Cedarbaum, Gerard E. Lynch

Faculty Scholarship

I must confess that I don’t read law reviews. Of course, I read law review articles, in the course of judicial research and keeping in touch with academic literature in areas of my scholarly interest, but like most judges and lawyers, I don’t have time or interest to just pick up the latest issue of a law review and read it through. I do, however, regularly read the quarterly Ballet Review, a quasi-scholarly journal of reviews and articles about dance. Only once, in some twenty years of reading that publication, has it overlapped my legal interests. The Fall …

Capital Punishment Of Unintentional Felony Murder, Brenner M. Fissell, Guyora Binder, Robert Weisberg

Faculty Publications

Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who causes a death inadvertently in the course of a felony is eligible for capital punishment. This unfortunate interpretation rests on an unduly mechanical reading of the Supreme Court’s decisions in Enmund v. Florida and Tison v. Arizona, which require culpability for capital punishment of co-felons who do not kill. The lower courts have drawn the unwarranted inference that these cases permit execution of those who cause death without any culpability towards death. This Article shows that this mechanical reading of precedent is mistaken, because the …

The Impact Of Declining Student Persistence In Distance Learning On American College Completion Goals, Francine Adams

Theses and Dissertations

Academic institution leaders, education researchers, and policy makers have come together to restore America’s ranking among the top nations who are educating citizens to prepare for the technology jobs of the future. President Barack Obama tasked the nation to do so after alarming figures in student achievement were revealed from the 2009 PISA reports. The White House and Lumina Foundation called for a transformation, setting deadlines for 2020 and 2025, respectively, that 60% of Americans should attain degrees or credentials. This study centered on degree attainment by, assessing distance learning persistence for warning signs of impeding these goals. This study …

Capabilities, Spillovers, And Intellectual Progress: Toward A Human Flourishing Theory For Intellectual Property, Brett Frischmann

Faculty Publications

Courts, commentators, and even casebooks mistakenly assume that intellectual property laws are fundamentally utilitarian and thus the relevant objective for intellectual property laws is maximizing social welfare. Economic theories of intellectual property dominate while rights-based theories and other alternatives struggle to remain relevant in the discourse. This essay accepts that intellectual property laws are consequentialist, but it mounts a challenge to the utilitarian theories that dominate. Following the path set by Amartya Sen in the area of development economics and borrowing heavily from the Sen’s analytical and normative framework — the Capabilities Approach, this essay begins to develop a human …

The Impact Of Small Group Intervention Focusing On Operations With Rational Numbers On Students’ Performance In The Florida Algebra I End-Of-Course Examination, Evelyn Dopico

Theses and Dissertations

In Florida, passing the Algebra I end-of-course examination (EOCE) is a graduation requirement. The test measures knowledge of basic algebra. In spring 2015, the Department of Education introduced a different version of the test. For the first two administrations of the new test, the failure rate for 9th-grade students in the state was almost 50%. In contrast, the failure rate for students in the school where this study was implemented exceeded 70%. The purpose of this study was to determine the outcome of small group intervention focusing on operations with rational numbers of high school students’ performance on the Algebra …