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A Dream Still Deferred: The Unlawful Use Of Student Fees For Instructional Technology In An Alabama Public School Causing A Disparate Impact For Minority Children, Taurus Myhand

Scholarly Works

In framing the United States Constitution, the public education mandate was reserved for the states to strengthen, not weaken, the efforts of the governments to provide an education for the people. However, there are far too many instances where equal access to educational opportunities is still a dream deferred for many racial and ethnic minority children that are enrolled in public school systems throughout the United States. That is particularly the case for racial and ethnic minority students at one public school system in Alabama. This Note explores the constitutional issues raised by Pike Road School System’s use of mandatory …

Will The Jury System Survive The Peña-Rodriguez Exception To Rule 606(B)?: The Court’S Response To Racial Discrimination By A Juror Leaves The Future Of The American Jury Trial System In Jeopardy, Taurus Myhand

Scholarly Works

The enforcement of no-impeachment rules has been a long-standing tradition in the United States preventing jurors from offering testimony as to impeach their own verdict. In March 2017, the Supreme Court changed course from centuries of jurisprudence and superseded the Federal Rules of Evidence with a new exception to Rule 606(b) in the Court’s decision in Peña-Rodriguez v. Colorado. The Court’s effort to “root out” racial bias in the justice system resulted in the debunking of the legislative authority granted to the Congress while creating an exception that does little, if anything, toward eliminating racial bias during jury deliberations. In …

The Misuse Of History In Dismissing Six Nations Confederacy Land Claims, Curtis G. Berkey, Alexandra C. Page, Lindsay G. Robertson

American Indian Law Review

No abstract provided.

Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country, Calandra Mccool

American Indian Law Review

No abstract provided.

How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty, Morgan Medders

American Indian Law Review

No abstract provided.

Murphy V. Royal: Crime And Procedure, Kevin Cartwright

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2018 Native American Law Student Association Moot Court Competition, Lianne T. Chung, Nicholas Ernst

American Indian Law Review

No abstract provided.

Trust Lands For The Native Hawaiian Nation: Lessons From Federal Indian Law Precedents, Lane Kaiwi Opulauoho

American Indian Law Review

No abstract provided.

Indigenous Peoples, The International Trend Toward Legal Personhood For Nature, And The United States, Hannah White

American Indian Law Review

No abstract provided.

Foundations Of Sand: Justice Thomas’S Critique Of The Indian Plenary Power Doctrine, Taylor Ledford

American Indian Law Review

No abstract provided.

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water District: A Tribe’S Successful Fight For Federally Reserved Water Rights, Alyssa Lankford

American Indian Law Review

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Tracing Equity, Melissa B. Jacoby, Edward J. Janger

Faculty Publications

No abstract provided.

Regulating By Example, Susan C. Morse, Leigh Osofsky

Faculty Publications

No abstract provided.

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

Housing Defense As The New Gideon, Kathryn A. Sabbeth

Faculty Publications

New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC’s ground-breaking legislation. The Article draws on NYC’s housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court’s indirect response to the Civil Rights Movement. In contrast, the NYC legislature …

The Legal Foundations Of White Supremacy, Erika K. Wilson

Faculty Publications

This paper focuses on a very important part of white supremacy — the legal foundations of white supremacy. The central thesis of this paper is that American law has historically played a vital role in constructing white supremacy. While America has eliminated overt race-conscious laws that favor whites, the law continues to play a critical role in maintaining white supremacy today. Unless and until we commit to understanding the history of the law in constructing white supremacy and the ways in which modern iterations of law continue to perpetuate white supremacy, white supremacy will remain an enduring feature of American …

Algorithms At Work: Productivity Monitoring Applications And Wearable Technology, Ifeoma Ajunwa

Faculty Publications

Recent work technology advancements such as productivity monitoring software applications and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Article, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I argue that productivity monitoring applications will prompt a reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …

Ideas In Dialogue: Leveraging The Power Of Child-Led Storytelling In The Multicultural Preschool Classroom, Erin E. Flynn

School of Social Work Faculty Publications and Presentations

An investigation into the interactive features of small group, child-led storytelling in preschool classrooms serving lower socioeconomic status (SES), multilingual children shows both the affordances and constraints of positioning children to author their own experiences in the classroom. In story circles, children told stories which included canonical instantiations of story and culturally-shaped features. Through their stories, the children advanced ideas, built connections, and evaluated ways of telling stories as they continued ideas like threads from story to story. Child-led storytelling did not disrupt the dynamics of power through which some ways of using language are privileged while others are marginalized. …

Editorial: In A World Of ‘Us’ And ‘Them’: The Case Against Intervention-Focused Research, Kiaras Gharabaghi, Ben Anderson-Nathe

School of Social Work Faculty Publications and Presentations

Editorial. The authors consider the manifestation of "us" and "them" narratives in research on children and youth and on intervention research in child and youth services. They say much of the research is damage-focused despite the best intentions. They mention damaged-centered research written by scholar Eve Tuck in 2009 in the "Harvard Educational Review." The authors add that intervention-based research is blind to the daily life of young people within their self-formed communities.

Editorial: Dismantling Children’S Rights In The Global North, Kiaras Gharabaghi, Ben Anderson-Nathe

School of Social Work Faculty Publications and Presentations

Editorial. The article discusses children's rights in the global North. Topics discussed include responsibility of all states and their governments to protect those rights, need to mitigate infringements on the rights of children and youth, and dependency of children and youth on their families and families are willing to take to provide them with opportunities for health, education and safety.

University High Impact Practices: Bridges That Support The Path To Student’S Professional Identity, Naomi Bell O’Neil

Journal of the Association for Communication Administration

Success for universities is often measured by student graduation rates and career placement. Most graduates are at a developmental stage of achieving their psychosocial identity where they have a sense of self and their own will, but Erikson (1968) purported that identity continues to evolve through post-adolescent years—“beyond identity” (p. 135). This essay proposes that graduates’ development of professional identities is instrumental for successful careers in the marketplace. University high-impact practices contributes to the evolution of professional identity and cultivates students’ connection with marketplace professionals. Communication and behavior play concurrent roles in the development of many facets of identity, which …

Complete Issue, Volume 37, Issue 1

Journal of the Association for Communication Administration

This is the complete issue for Volume 37, Issue 1 of the Journal of the Association for Communication Administration.

Fostering Organizational Integrity Through Departmental Program Reviews, James T. Petre, David S. Heineman, Angela G. La Valley

Journal of the Association for Communication Administration

Conducting a departmental program review can be a stressful and arduous process. At the same time, the final report can provide valuable insights. The challenges and benefits of program reviews have been well noted by scholars. We seek to add to this conversation by arguing that program reviews can prove beneficial by fostering and maintaining organizational integrity. In our essay, we review relevant literature on program reviews, provide an explanation of organizational integrity, present a narrative of our program review process, and explain how this process fostered organizational integrity.

Application Of Reproductive Biotechnologies For Sustainableproduction Of Livestock In Turkey, Abdullah Kaya, Erdoğan Güneş, Erdoğan Memi̇li̇

Turkish Journal of Veterinary & Animal Sciences

Reproductive biotechnology encompasses powerful tools to enhance the efficiency and profitability of livestock reproduction, production, and product quality. These technologies include genomic selection, evaluation of semen (from bulls, bucks, and rams) using advanced cell and molecular technologies, semen cryopreservation and artificial insemination, estrus synchronization, superovulation of the females (cows, dams, and ewes), ovum pick-up, in vitro fertilization and embryo culture, embryo transfer, and pregnancy detection. The extent of applications of these modern technologies and their economic impacts for livestock production in Turkey are elusive. As a result, there is an urgent need for sound economic analyses, research and education, training …

Molecular Characterization Of The Nematode Heterakis Gallinarum (Ascaridida: Heterakidae) Infecting Domestic Chickens (Gallus Gallus Domesticus) In Tunisia, Nabil Amor, Sarra Farjallah, Osama Badri Mohammed, Abdulaziz Alagaili, Lilia Bahri

Turkish Journal of Veterinary & Animal Sciences

Heterakis gallinarum is one of the most recurrently diagnosed nematodes within the gastrointestinal tract of galliform birds. In the present study, we investigated the genetic diversity of 96 H. gallinarum collected from free-range chickens from different localities in Tunisia. We assessed phylogeny and genetic variability using the internal transcribed spacers (ITS) of the nuclear ribosomal DNA and the mitochondrial cytochrome c oxidase subunit I gene. Haplotype and nucleotide diversities indicate that H. gallinarum is a species with extremely low genetic diversity. Based on the networks and phylogenetic trees, there was strong support for the absence of significant geographical structuring among …