Digital Commons Network^™

Jevic's Promise: Procedural Justice In Chapter 11, Pamela Foohey

Scholarly Works

In this Response to Jonathan Lipson's article, The Secret Life of Priority: Corporate Reorganization After Jevic, 93 Wash. L. Rev. 631 (2018)), I focus on Czyzewski v. Jevic Holding Corp.'s implications for procedural justice and corporate reorganization. In his article, Lipson explicitly links the chapter 11 process with the Bankruptcy Code’s substantive rules about priority, crafting a forceful argument about what procedural values the U.S. Supreme Court sought to uphold when it penned Jevic. In doing so, Lipson expounds on a broader truth about the co-option of corporate reorganization’s process in the name of value preservation. Procedural justice teaches that …

Access To Consumer Bankruptcy, Pamela Foohey

Scholarly Works

This essay examines the state of access to justice in the context of consumer bankruptcy from two vantage points: (1) how people decide that their money problems are legal problems addressable by filing bankruptcy; and (2) the barriers people face in using the consumer bankruptcy system. To shed new light on how people decide to use bankruptcy to address their financial troubles, I analyze a sample of narratives accompanying consumers' complaints about financial products and services submitted to the Consumer Financial Protection Bureau. I also chronicle the evolution of research regarding consumer bankruptcy’s “local legal culture,” systemic racial bias, and …

Exploring The Academic, Social, And Cultural Experiences Of English Language Learners From Saudi Arabia At A Midwest University In The U.S., Sukainah A. Al Subia

Dissertations and Theses @ UNI

The world is experiencing an increasing number of international students who leave their countries to study abroad. The value and benefit of studying abroad influences many students to go on this educational journey. Research conducted over the past 20 years indicates that studying abroad provides both rewarding and challenging experiences. For example, studying abroad exposes students to exciting new cultures and places, developing academic/language skills and gaining social and cultural exposures which in turn enrich their global experience (Geeraert et al., 2014; Lillyman & Bennett, 2014; Wu et al., 2015). However, studying abroad can also pose certain challenges, including loneliness, …

If I Had A Million Cryptos: Cryptowallet Application Analysis And A Trojan Proof-Of-Concept, Trevor Haigh, Frank Breitinger, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

Cryptocurrencies have gained wide adoption by enthusiasts and investors. In this work, we examine seven different Android cryptowallet applications for forensic artifacts, but we also assess their security against tampering and reverse engineering. Some of the biggest benefits of cryptocurrency is its security and relative anonymity. For this reason it is vital that wallet applications share the same properties. Our work, however, indicates that this is not the case. Five of the seven applications we tested do not implement basic security measures against reverse engineering. Three of the applications stored sensitive information, like wallet private keys, insecurely and one was …

That’S Not Funny: The Effect Of Exposure To Sexist Or Feminist Humor On Rape Myth Acceptance, Gina Romano

Undergraduate Theses and Capstone Projects

This study examined the role humor plays on the acceptance of rape myths in college students. This study sought to determine if the type of joke (sexist, feminist or neutral) and the reception method (reading or listening) had an impact on how much an individual accepts rape myths. Participants either read or listened to five jokes from one of three joke categories: sexist, feminist, or neutral. The participants then answered questions regarding joke hilarity and took a rape myth acceptance measure.Type of joke and reception method did not affect rape myth acceptance although participants did find the neutral jokes to …

Effects Of Daily Forced Exercise On Anxiety Of Zebrafish (Danio Rerio) Living In Impoverished Environments, Meagan Collins

Undergraduate Theses and Capstone Projects

The purpose of this research was to investigate the effects of forced exercise on anxiogenic behavior in Danio rerio living in different environmental conditions. To study this relationship, zebrafish were introduced to the following housing environments for several weeks. Fish in Group 1 were exposed to brown gravel and green, plastic plants (enriched environment), and fish in Group 2 were exposed to no brown gravel and no green, plastic plants (impoverished, structurally-barren environment). Fish from both housing environments were randomly assigned to be exposed to exercise or no exercise (control). Fish in the exercise group were forced to swim against …

Information Literacy: Expectations Of High School Students In Joint Enrollment Courses, Steven Witmer

Graduate Research Papers

Dual enrollment students are in a unique position where they are simultaneously high school students and college students. This study investigated the information literacy expectations for dual enrollment students by analyzing the language of six course syllabi used in dual enrollment Composition courses. The research questions investigated included what the course syllabi communicated about information literacy skills, library resources, and institutional and high school libraries and librarians.

While the sample of six course syllabi reviewed for this study was relatively small, it is clear that instructors have high expectations of their students and expect them to produce college-level writing and …

Embracing New Experiences: Young Adult Literature About The Immigrant Experience, Ashley Hoppenjan

Graduate Research Papers

The purpose of this study was to identify themes in quality young adult realistic fiction about the immigrant experience in the United States. The researcher questioned which themes are evident in young adult immigrant literature. To pursue this information, the researcher analyzed highly recommended young adult realistic fiction published from 2000 to 2017. Twelve novels were selected, read, and coded. After the first reading, two novels were eliminated; therefore, ten novels are reported. Analysis revealed six themes including: causes of immigration, assimilation, perseverance, identity, socioeconomic status, and stereotypes.

Deterrence, David Crump

St. Mary's Law Journal

Abstract forthcoming

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming

Brief Of Amici Curiae Criminal Procedure Professors In Gamble V. United States, No. 17-646, Stephen Henderson, George Thomas, Michael Mannheimer, Kiel Brennan-Marquez

Other Faculty Publications

The Fifth Amendment guarantees that, “No person shall be ... subject for the same offence to be twice put in jeopardy of life or limb.” Yet that is precisely what happened to Terance Martez Gamble. The State of Alabama prosecuted and convicted him for being a felon in possession of a firearm. Subsequently, the United States initiated a second prosecution for what all parties have assumed is definitionally the same offense, yielding a second conviction. That second, duplicative prosecution and conviction violated the letter and spirit of the Double Jeopardy Clause.As a matter of the Framer’s understanding, as a matter …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures And The Emergence Of A Global Aviation Cartel, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

As The Grapefruit Turns Sixty, It’S Time To Get Serious About Clean Up In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L. D. Hanlon

Journal of Air Law and Commerce

The ability to physically interact with an on-orbit object is an idea that has been stymied by its great cost. Yet the rewards are incalculable. Autonomous on-orbit servicing (OOS) vehicles can potentially repair or salvage an ailing satellite or remove it from orbit. The former can help recoup the considerable investment that goes into the development and construction of a satellite, and the latter would reduce space debris. In short, the development of OOS should be promoted. This paper will explore the legal ramifications and complications of unmanned on-orbit servicing missions. After reviewing the international framework and the current state …

Unmaking A National Space Legislation For India: Indigenizing Space Law Through The “Organic Science” Of The Indian Space Program, S. G. Sreejith

Journal of Air Law and Commerce

No abstract provided.

War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.

Tax Reform Up In The Air: Redefining The Test For Qualification Of An Air Carrier For Sales Tax Exemption, Daniel W. Sepulveda

Journal of Air Law and Commerce

No abstract provided.

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.

Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza

Journal of Air Law and Commerce

This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines three …

The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren

Journal of Air Law and Commerce

No abstract provided.

Safety Meets Efficiency: The Medical Device Drone’S Role In Bringing About A Workable Regulatory Framework For Commercial Drones, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.

Pioneering The Right To Breastfeed At 35,000 Feet: Workplace Accommodations For Lactating Employees In The Airline Industry, Brooke L. Hauglid

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Antitrust Immunity For Joint Ventures Among Alliance Airlines, Fred Lazar

Journal of Air Law and Commerce

This article addresses four fundamental questions:

1. If joint ventures and, particularly, metal-neutral joint ventures produce significant benefits for consumers, then why not grant them antitrust immunity while subjecting them to periodic reviews that ensure benefits continue to materialize and exceed the potential costs of lessening competition?

2. Alternatively, why not grant antitrust immunity to a joint venture with a time limit and subject it to another review on whether the immunity should be extended for another fixed period of time?

3. Or, why not attach conditions other than carve-outs to any immunized joint ventures?

4. Finally, should immunity have …

Domestic Airline Mergers And Defining The Relevant Market: From Cities To Airports, Alexa Naumovich

Journal of Air Law and Commerce

In 2017, more than four billion people in the world used aviation to travel. Airlines within the United States transported 741 million passengers domestically. As passenger demand for air travel has risen astronomically, the number of airlines who serve domestic passengers has dwindled to five major U.S. airlines. This shift in the airline industry and the reduced number of domestic airlines requires the Department of Justice (DOJ) Antitrust Division (Antitrust Division) to alter its analysis of airline mergers to determine their anticompetitive ramifications.

This article serves as guidance for the future of airline mergers within the United States. It argues …

Reflecting On My Year With Cil, April J. Schweikhard

Communications in Information Literacy

No abstract provided.

Book Review: Information Literacy In The Workplace, Lore Guilmartin

Communications in Information Literacy

No abstract provided.

Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Daniel J. Capra, Liesa L. Richter

Faculty Articles

There is a war raging over the admissibility of the prior bad acts of criminal defendants in federal trials. While many circuits treat Federal Rule of Evidence 404(b) as a rule of “inclusion” and liberally admit such prior bad-acts evidence with predictably explosive effects on criminal juries, a few circuits are developing rigorous standards designed to foreclose prosecutorial use of such bad-acts evidence. This Article chronicles the well-documented permissive admission of the prior bad acts of criminal defendants notwithstanding the prohibition on such evidence by Federal Rule of Evidence 404(b)(1), as well as recent efforts by some federal circuits to …