Digital Commons Network^™

“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins

Articles

Surprisingly few, if any, works on the First Amendment have explored the relation between free speech and certainty. The same holds true for decisional law. While this relationship is inherent in much free speech theory and doctrine, its treatment has nonetheless been rather opaque. In what follows, the author teases out— philosophically, textually, and operationally—the significance of that relationship and what it means for our First Amendment jurisprudence. In the process, he examines how the First Amendment operates to counter claims of certainty and likewise how it is employed to demand a degree of certainty from those who wish to …

The Flipside Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen

Articles

This Article explores the flipside of Michigan--where the Court's logic can just as well support agencies in their public health and environmental protection efforts. In particular, taking Michigan as a blueprint, this Article argues that cumulative impacts are centrally relevant to environmental regulation and--like cost--deserve a systemic and meaningful role in agency decisionmaking, including in the threshold decision of when to regulate.

In doing so, this Article serves as a counterbalance to the weight of cost benefit rhetoric that would reduce environmental law off to a line item in a strained budget. In support of that thesis, this Article …

Socioeconomic Status Discrimination, Danieli Evans

Articles

This Article makes the case for protecting socioeconomic status (SES) under discrimination statutes that govern employment, housing, education, voting, public accommodations, and credit/lending. While others have argued that poverty should be a protected class under the Fourteenth Amendment, the courts have rejected this idea. The possibility of protecting SES under discrimination statutes has received little consideration. I argue that this idea deserves more serious attention. I advance four arguments in favor of adding SES to the list of protected traits. Two moral, one political, and one legal.

First and most straightforward, the values animating discrimination law apply to poverty: Existing …

Two Wrongs Don't Make It Right: Title Vii, Sexual Orientation, And The Misuse Of Stare Decisis, Kenneth A. Pilgrim

Georgia Law Review

More than thirty years ago, LGBT employees across
the United States sought relief from discrimination
under Title VII of the Civil Rights Act, claiming
protection under the statute's guarantee that employers
may not discriminate "because of sex." The federal
Courts of Appeals responded with a unanimous voice.
Title VII does not cover sexual orientation.
That conclusion was neither shocking nor
controversial in the early 1980's, but the Judiciary's
interpretationof Title VII has changed fundamentally in
the decades since. Multiple Supreme Court decisions
and newly recognized theories of sex discriminationhave
called into question the notion that Title VII has nothing
to …

The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr.

Georgia Law Review

Punitive damages have been around for centuries in classic
one-on-one tort actions and are here to stay. Mass torts, of
more recent origin, have matured to the point that this article
is comfortable referring to most of them as traditional.
Notwithstanding the legitimacy of both institutions when
employed separately, loud warning signals should sound
when, as with drinking and driving, they are combined.
Potentially destructive mixes of punitive damages and mass
torts have, unfortunately, been prevalent in traditional,fault-
based mass tort actions. The difficulties are mostly
administrative.Although punitive damages are conceptually
compatible with fault-based mass torts, courts administer
punitive awards …

Intergovernmental Federalism Disputes, Lochlan F. Shelfer

Georgia Law Review

Constitutional litigation is increasingly being waged
between governments, in both suits between a state and
the United States, and suits between two or more states.
The jurisdictionof the Federalcourts to hear such suits,
however, is disputed. The Supreme Court's cases are
famously difficult to reconcile, with some denying
jurisdiction and other seemingly identical cases
addressing the merits without discussing jurisdiction.
Some scholars have argued that intergovernmental
disputes over political jurisdiction historically are not
justiciableand that it is constitutionally illegitimate for
the Court to hear them. Recently, some scholars have
argued that the Court should hear such cases, but have
assumed …

A Single Symbolic Dollar: How Nominal Damages Can Keep Lawsuits Alive, Megan E. Cambre

Georgia Law Review

The Eleventh Circuit's August 2017 opinion in
Flanigan's Enterprises v. City of Sandy Springs
deepened a circuit split regarding the role of
nominal damages in the justiciabilityanalysis. The
critical question is whether, in cases involving
constitutional violations, a claim for nominal
damages alone suffices to confer standing or to
defeat mootness when other forms of relief are
unavailable or moot. The Second, Fifth, and Ninth
Circuits have all held that nominal damages alone
are enough, but not without contention from
dissenting judges. The First, Third, Fourth,
Seventh, Eighth, and D.C. Circuitshave considered
the question-but have not conclusively decided its
answer. …

Non-Alj Adjudicators In Federal Agencies: Status, Selection, Oversight, And Removal, Kent H. Barnett, Russell Wheeler

Georgia Law Review

This article republishes—in substantively similar form—our 2018 report to the Administrative Conference of the United States (ACUS) concerning federal agencies’ adjudicators who are not administrative law judges (ALJs). (We refer to these adjudicators as “non-ALJ Adjudicators” or “non-ALJs.”) As our data indicate, non-ALJs significantly outnumber ALJs. Yet non-ALJs are often overlooked and difficult to discuss as a class because of their disparate titles and characteristics. To obtain more information on non-ALJs, we surveyed agencies on non-ALJs’ hearings and, among other things, the characteristics concerning non-ALJs’ salaries, selection, oversight, and removal. We first present our reported data on these matters, which …

Juror Perceptions Of Child Witness Testimonial Aids, Rachael Sophia Mickelson Hendrickson

Theses and Dissertations

The goal of the present study is to assess the affect testimonial supports have on mock jurors’ perceptions of child witnesses in a sexual abuse case. In general jurors’ perceptions operate on a two-factor model. The two factors are child competency and honesty. Jurors perceive children’s competency and honesty differently based on the child’s age and the mock juror’s gender. Testimonial supports have been suggested as a way to relieve some of the stress that a trial brings on a child. However, this seems to exacerbate the negative perceptions jurors already hold of child witnesses. The current juror perceptions of …

Mitigating Environmental Impacts Of Terminal Lake Flooding: A Case Study Of Devils Lake, North Dakota, Afshin Shabani

Theses and Dissertations

Devils Lake is an endorheic lake in the Red River of the North basin in northeastern North Dakota. During the last two decades, the lake water level has risen by nearly 10 m, causing floods that have cost more than 1 billion USD in mitigation measures. Another increase of approximately 3.0 m in the lake water level would cause spillage into the Sheyenne River. To alleviate this potentially catastrophic spillage, two artificial outlets were constructed. However, the artificial drainage of water into the Sheyenne River raises water quality concerns because the Devils Lake water contains significantly higher concentrations of dissolved …

Using Thermal Imaging To Characterize Groundwater Seepage In A North Dakota Fen, Ogochukwu Ozotta

Theses and Dissertations

Groundwater flow and its dissolved mineral transport plays a fundamental role in the ecology of many wetlands. Installation of equipment to map groundwater seepage, however, is invasive and may damage vegetation and potentially affect biodiversity. By mapping surface temperature remotely in the late summer, when the differential between warm soil and cold groundwater is the greatest, the temperature patterns may reveal areas of greatest upward gradient and flow.

To test the hypothesis, the effect that hydraulic gradient has on surface temperature in a fen located at the north end of the Cherry Lake Aquifer, Eddy County, ND (47.73, -98.66) was …

Health Aspects Of Community-Engaged Natural Play Space Planning, Design, And Implementation, Eric Castle

Theses and Dissertations

Obesity, loss of social capital, and fewer connections to nature are three community health issues faced by many. A team of concerned individuals attempted to address the spectrum of these health issues by collaboratively engaging communities to plan, design, build and program natural play spaces located in public parks. This exploratory study, utilizing a grounded theory approach, conducted focus groups with community members who engaged in this process. The specific objectives of the study were twofold; 1) to generate theory regarding the perceived impact on social capital from the community-driven planning and construction process of the Connecting Children in Nature …

The Involvement Of Polyol Pathway In Hypgerglycemia And Cadmium Toxicity In The Establishment Of Diabetic Neprhopathy, Bethany Anne Davis

Theses and Dissertations

Diabetic nephropathy (DN) is a major cause of end-stage renal disease (ESRD), where prolonged exposure to hyperglycemia induces damage to proximal tubule cells of the kidney. Since progression to ESRD correlates to pathological changes in the tubular segments of the kidney, the effects of hyperglycemia in the PT portion of the nephron may be particularly relevant to the progression of DN. Development of this disease also is likely to occur in the context of exposure to other renal toxins, and the heavy metal cadmium (Cd2+) may be the most relevant due to the accumulation of this metal in the major …

Bystander Self-Efficacy To Prevent Sexual Assault: An Evaluation Of The Impacts Of Online And In-Person Bystander Intervention Training, Morgan Paige Devine

Theses and Dissertations

To address the alarming rates of sexual assaults on college campuses, the 2013 Campus Sexual Violence Elimination Act required publicly funded colleges to provide some form of sexual assault intervention training to college students. While bystander intervention training is the most common form of primary prevention, there is little research indicating whether online or in-person bystander training is more effective at producing strong bystander self-efficacy and whether bystander intervention is actually occurring. Utilizing data from the 2017 Multi College Bystander Education Efficacy survey taken online by undergraduate students (N = 387) at a Midwestern university, an analysis of self-reported bystander …

The War After Battle: Morale, Post-Traumatic Stress And Long-Term Welfare Of Combat Soldiers, Corey Doan

Theses and Dissertations

There is a historical, literary, and philosophical record of the effects of combat on mental health. Modern psychological research has focused on the relationship between combat deployment and a litany of mental health issues which include post-traumatic stress disorder (PTSD), various forms and manifestations of depression, substance abuse with a specific focus on alcohol, as well as social, family, and work-life functional impairment. This study introduces a customized 18-item Integrated Military Morale Questionnaire (IMMQ) which was designed to measure the proposed basic components of military morale: personal morale, cohesion, and esprit de corps. Data from 185 United States military members …

Alcohol-Related Regret Among Undergraduate Students, Samantha Jo Feroni

Theses and Dissertations

College alcohol use remains a major public health concern, particularly on campuses in the Midwest. Heavy drinking has been linked to a number of deleterious consequences, ranging from poor academic performance and early school exit to injury or death. Many of the negative consequences linked to alcohol use carry with the possibility of regret. The purpose of this study is to explore the types of alcohol-related regret, any gender and class level differences in regret, and whether students become hesitant to drink alcohol after such a regret occurs. Data used for the study came from semi structured interviews with undergraduates …

Amyloid Precursor Protein And Insulin Homeostasis, Joshua Kulas

Theses and Dissertations

Alzheimer’s disease (AD) is a neurodegenerative disease in which the brain progressively deteriorates resulting in cognitive decline, language impairment, diminished spatial awareness, memory loss and ultimately, death. AD is the most prevalent neurodegenerative disease and the number of people afflicted by AD is expected to more than double in the next 30 years. AD is characterized in part by the formation of amyloid plaque deposits in the brain. It is known that these plaques are composed of the peptide Aβ, which aggregates as a function of age and is produced locally within the brain by cleavage of the Amyloid precursor …

Enhancement Of Phoshorus Removal Via Bioretention Cells Amended With Low Cost Materials, Nick Lindstrom

Theses and Dissertations

As bioretention systems are becoming an increasingly popular low impact development (LID) application for stormwater mitigation, they lack mechanisms that demobilize phosphorus (P) especially dissolved phosphorus (DP). In many cases, these LIDs release more P than is input due to a high P index derived from the plant material inherent within bioretention systems. The objectives of this project are to utilize low-cost water treatment residuals (WTR) as bioretention amendments to capture P. The adsorption characteristics are observed by means of batch level experiments to observe the P adsorption potential without the influence of hydraulic parameters, and column experiments to observe …

Women Engineering Majors' Choice To Stay: A Phenomenological Exploration Of Persistence Experiences, Victoria Morrissette

Theses and Dissertations

The historical underrepresentation of women in engineering persists for women engineering majors in college and once they enter the workforce. While some engineering disciplines have seen an increase in women students, overall the numbers still have fallen well behind other STEM disciplines despite years of research. Most studies on this issue have been quantitative and have looked at factors associated with why women leave engineering. This qualitative study, in contrast, gave women engineering majors the opportunity to share their experiences in answer to the question of why women choose to stay in an engineering major. Phenomenological methods, including semi-structured interviews, …

The Relationship Between Perceived Competence Levels Of Student Affairs Professionals And Their Job Satisfaction, Alexander Pokornowski

Theses and Dissertations

The relationship between perceived competence levels of student affairs professionals and their level of job satisfaction is the central question in this study. The study explores this question through utilizing a non-experimental survey design. Participants in the study include student affairs professionals from participating institutions. The study utilizes an instrument combining the Job Satisfaction Survey developed by Spector (1985) and an adjusted version of National Survey of Student Affairs Professionals developed by Sriram (2014). The study examines the relationship between perceived assessment, evaluation, and research; leadership; and organizational and human resources competence and overall job satisfaction. The study found a …

Examining Rural To Urban Migration, Crime And Characteristics Of Rural Migrants Offenders -- An Exploratory Study On The Relationship Between Rural Migration And Criminal Offenses Utilizing The Online Judicial Dataset In Guangdong Province, Ziwei Qi

Theses and Dissertations

China has experienced massive internal migration in the past three decades. The rapidly growing urban population, especially the rural to urban migrant population, is the primary social concern with respect to public health and social stability that China is facing in recent decades. Both the public and private sectors have hastened to respond to the emerging needs of this socially, economically and politically marginalized group. In the current dissertation, the author utilizes judicial decisions from the Intermediate Level Courts in the Guangdong province, China, in order to examine the characteristics of rural migrant offenders, and to explore the relationship between …

Plate Vibration Dispalcement Curve Measurement Using Pvdf, Aniket Nandkumar Pinjan

Theses and Dissertations

Beam and plate dynamics are often measured using accelerometers and in some cases laserbased systems. Natural frequencies, mode shapes, and deflections are then derived from these measurements. The work presented here describes a method to directly measure the deflection curve of a vibrating beam and plate using piezoelectric films. The sensor consists of constant shape segment of PolyVinyliDene Fluoride (PVDF) films bonded to the surface of the structure. We show in here that each segment of the sensor measures the deflection slope at its particular location. The overall lateral displacement curve of the structure (beam/plate) is calculated from these slopes …

No Additional Benefit Of Foam Rolling Or Dynamic Stretching To Vertical Jump Performance Beyond A General Aerobic Warm-Up In Collegiate Athletes, Benjamin Saaribovre

Theses and Dissertations

This study aimed to examine the effectiveness of four warm-up protocols on explosive strength in a vertical jump performance in collegiate athletes. Fifty-two NCAA Division 1 athletes (aged 20.3 ± 1.53 years, range: 18-23 years, Height 183.83 cm. ± 11.49 cm., Weight 81.85 kg. ± 17.56 kg., BMI 24.18 ± 3.64) performed each of the four randomly ordered warm-up protocols prior to performing both the squat jump (SJ) and countermovement jump (CMJ) tests, with each warm-up and subsequent jump tests performed at the same time of day spaced 1-week apart. The four warm-up protocols were: (a) general aerobic (run/walk) (AERO); …

Collective Efficacy And Police Homicides: Evidence From California In The 1990s, Jayme Reynolds

Theses and Dissertations

This paper examines certain factors relating to collective efficacy; loosely defined as the strength of a community, and the effect those factors have on police homicides in the respective communities. More specifically, this study analyzes three components that contribute to collective efficacy: linguistic isolation, residential stability, and educational attainment. Data utilized in this study include U.S. Census data as well as data from a unique dataset containing California state-wide homicides during the 1990s. Using a negative binomial regression on pooled zip code data shows that, in relation to the factors mentioned above, educational attainment is the most influential characteristic analyzed …

Novel Bio-Kinetic Modeling And 2,3-Butanediol Productivity Optimization Of Clostridium Autoethanogenum, Timothy Taylor

Theses and Dissertations

The objective of this work is to elucidate the viable significance and technological implications for the fermentative production of 2,3-BDO from syngas by researching the following: derivation of a novel bio-kinetic model with substrate inhibition, analyzing product formation with the use of syngas from coal, and conducting an experimental design for potential significant factors that affect product formation. A critical review and analysis of the state-of-the-art developments for gas to liquid (GTL) technologies and syngas formation from coal are provided.

The Role Of The Cholesterol Metabolite, 27-Hydroxycholesterol, In Colon Cancer Cells, Jessica A. Warns

Theses and Dissertations

Colorectal Cancer (CRC) is a major health concern with more than 600,000 deaths worldwide each year. Several risk factors for CRC exist including a diet rich in fat and cholesterol. However, the link between cholesterol and CRC is controversial. It is possible that oxysterols, which are active cholesterol metabolites, may correlate better with CRC than cholesterol itself. The most abundant oxysterol in the plasma is 27-hydroxycholesterol (27-OHC), which is a ligand for the nuclear receptors estrogen receptor (ER) and liver-x-receptor (LXR). 27-OHC has been shown to be involved in breast and prostate cancers, but its role in colon cancer remains …

Examining Determinants Of Patient Activation In Chronic Obstructive Pulmonary Disease: A Cross-Sectional Survey Study, Marnie M. Wetzstein

Theses and Dissertations

Introduction: Self-management plays a central role in the treatment chronic obstructive pulmonary disease (COPD). However, the patient characteristics necessary for effective self-management are not understood. The skills, confidence, and knowledge to engage in chronic disease self-care, known as patient activation, may play a key role in the capacity of people to self-manage COPD. How the complex, systemic nature of COPD influences patient activation has not been explored. Therefore, the purpose of this study was to examine the relationships among patient characteristics and health outcomes as determinants of patient activation among community-dwelling adults in the U.S. with COPD. The Revised Wilson …

Reliability Of The Styku 3d Whole Body Scanner For The Assessment Of Body Size In College Athletes, Joseph Daniel Derouchey

Theses and Dissertations

3-dimensional (3D) anthropometrics, such as volumes and surface area, have been shown to be important in predicting sport performance, and assessing health status, but most commercially available whole-body scanners are cost prohibitive. The main purpose of this study was to determine the test-retest reliability of a commercially available single camera 3D body scanning system to assess whole body and segmental circumferences, surface areas, and volumes of healthy collegiate athletes and students. Forty-nine male and female student-athletes active in various sports from a division I institute were scanned and measurements were analyzed. The single camera system demonstrated good within- and between-session …

Cross-Country Comparisons In Health-Related Fitness Among European Children And Adolescents, Kevin Carver

Theses and Dissertations

Physical fitness is an important indicator of general health and sporting/athletic success. Several studies have highlighted large between-country differences in cardiorespiratory endurance, with little known about differences in other fitness components. A systematic review identified papers that reported descriptive Eurofit test results for apparently healthy (free from known disease/injury) 9- to 17-year-olds Europeans. An overall fitness index for each country was calculated as a population-weighted mean test-age-sex-specific z-score. Spearman’s correlations were used to calculate the association between country-specific fitness indices and broad socioeconomic/health indices. Performance indices were calculated for 18 countries using data collected on 2,779,165 children aged 9-17 years …

Genomic Regulation Of Abiotic Stress Response In The Soil Nematode Oscheius Tipulae, Riley Mcglynn

Theses and Dissertations

Oscheius tipulae is a species of free-living soil nematode that can be found in ecosystems worldwide. Because of this, individuals must be able to respond to heat, freezing, and desiccation stresses in order to survive. They do this by producing a suite of cellular responses, some of which are necessary to survive multiple stresses, and some are stress-specific. While these cellular responses are well known, the ways in which they are regulated in a genome-wide context are not. In this project, multiple high throughput sequencing and bioinformatics analyses were utilized to answer this question. First, the O. tipulae genome was …