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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 …

Table Of Contents

Georgia Law Review

No abstract provided.

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 …

Patent Law And Means-Plus-Function Claim Language: Where It Was, Where It Is (Post Williamson V. Citrix), And Where It Should Go In The Future, Joel Bradley

Georgia Law Review

In response to proliferating abuse of the functional
language allowances governing means-plus-function
patent claims in 35 U.S.C. § 112, the Federal Circuit, in
its recent decision Williamson v. Citrix, lowered the
presumption againstpatent claims arising under § 112.
Before Citrix, there existed a strongpresumption that the
scope of § 112 did not encompass claims not including
the specific language "means"-aloophole that drafters
employed to avoid being subject to § 112 limitations.
The Federal Circuit sought to remedy this loophole by
lowering the strength of the presumption and also by
shifting the focus of the presumption to language
analogous to "mean." …

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. …

Keynote Speech: Walking The Line: Modern Gerrymandering And Partisanship, Nicholas O. Stephanopoulos

Georgia Law Review

INTRODUCTION I am going to be discussing an ongoing project of mine that I call hyperpartisan election law. I make three main arguments in this project. The first is that almost all of election law was created during an unusually nonpartisan period in the 1960s, 1970s, and 1980s. Consistent with this period's very low level of partisanship, election law originally did not intend to, and did not actually have the effect, of addressing partisan cleavages. The second claim is that as the country's voters and politicians have become ever more partisan over the last generation, election law has adapted in …

The History Of Redistricting In Georgia, Charles S. Bullock Iii

Georgia Law Review

In his memoirs, Chief Justice Earl Warren singled out
the redistrictingcases as the most significant decisions of
his tenure on the Court., A review of the changes
redistricting introduced in Georgia supports Warren's
assessment. Not only have the obligations to equalize
populations across districts and to do so in a racially fair
manner transformed the makeup of the state's collegial
bodies, Georgia has provided the setting for multiple cases
that have defined the requirements to be met when
designing districts.
Other than the very first adjustments that occurred in
the 1960s, changes in Georgia plans had to secure
approval from …

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 …

The Sec Rides Into Town: Defining An Ico Securities Safe Harbor In The Cryptocurrency “Wild West”, C. Daniel Lockaby

Georgia Law Review

This Note recommends a viable way for the Securities and Exchange Commission (SEC) to apply the Regulation S foreign-issuer safe harbor to Initial Coin Offerings (ICOs). In the last two years, cryptocurrencies and blockchain-based companies have witnessed dramatic rises in price and value. New entrants to the crypto-markets often use ICOs as virtual public offerings to earn capital and develop their projects.

The SEC has signaled that they plan to fold ICOs and blockchain offerings into existing securities law. How these new virtual capital-raising mechanisms will fit into this framework is still largely unknown. As a defensive measure, many ICOs …

If You (Pay To) Build It, They Will Come: Rethinking Publicly-Financed Professional Sports Stadiums After The Atlanta Braves Deal With Cobb County, Steven D. Zavodnick Jr.

Georgia Law Review

“If you build it, they will come.” In the classic film Field of Dreams, Iowa farmer Ray Kinsella heard a voice from the heavens repeat this phrase while working his cornfield. On belief alone, Ray plowed over his cornfield and built a baseball diamond—risking financial ruin and bringing his sanity into question. When all was almost lost, Ray’s faith was rewarded. The ghosts of past baseball greats emerged from the cornfield to play on Ray’s field, and he was able to “have a catch” with the ghost of his long-dead ballplayer father.

Cobb County, Georgia (Cobb) pledged millions of dollars …

Johannine Christology Through The Lens Of Three Of Its Dialogues, Gaye Strathearn

Faculty Publications

In comparison with the Synoptic Gospels of Matthew, Mark, and Luke, the Gospel of John has a very different interpretive lens through which it answers the age-old question “Who is Jesus?” The Gospel itself identifies its purpose: “These are written, that ye might believe that Jesus is the Christ, the Son of God; and that believing ye might have life through his name” (John 20:31). While many individuals in the Synoptic Gospels declare Jesus to be the Son of God, there are very few accounts of Jesus himself declaring so until the latter part of his ministry. In this respect, …

Linear Stability Analysis With Solution Patterns Due To Varying Thermal Diffusivity For A Convective Flow In A Porous Medium, Dambaru Bhatta

School of Mathematical & Statistical Sciences Faculty Publications

Here we investigate the effect of the vertical rate of change in thermal diffusivity due to a hydrothermal convective flow in a horizontal porous medium. The continuity equation, the heat equation and the momentum-Darcy equation constitute the governing system for the flow in a porous medium. Assuming a vertically varying basic state, we derive the linear system and from this linear system, we compute the critical Rayleigh and wave numbers. Using fourth-order Runge-Kutta and shooting methods, we obtain the marginal stability curves and linear solutions to analyze the solution pattern for different diffusivity parameters.

An Exploration Of The Role Of Religion And Spirituality In The Treatment And Recovery Of Patients With Eating Disorders, P. Scott Richards, Michael E. Berrett, Carrie L. Caoili, Sabree A. Crowton, Randy K. Hardman, Russell N. Jackson, Peter W. Sanders

Faculty Publications

This article reports two qualitative studies that explored how religion and spirituality (R/S) influenced the treatment and recovery process of patients with eating disorder. In Study 1 and Study 2, a total of 83 women who had successfully completed treatment at an inpatient eating disorder treatment center responded to open-ended survey questions about the role of R/S in their recovery. Twelve of the women in Study 2 participated in follow-up phone interviews. Qualitative analysis of survey responses and interview transcripts indicated that although many women believed R/S contributed to the development and maintenance of their eating disorder, most of them …

Understanding Changes To Glacier And Ice Sheet Geometry: The Roles Of Climate And Ice Dynamics, Caitlyn Elizabeth Florentine

Graduate Student Theses, Dissertations, & Professional Papers

Glacier and ice sheet geometry depend on climatic and ice dynamic processes that are coupled and often highly complex. Thus, partitioning and understanding the drivers of change to glacier and ice sheet geometry requires creative approaches.

Radiostratigraphy data document emergent layers in the ablation zone of western Greenland that emulate theoretical englacial flow paths. Yet true alignment between radar layers and the englacial flow field can be uncertain because these structures have travelled hundreds of km from their original point of deposition, have been shaped by ice deformation for millennia, and have been subjected to complex and three-dimensional ice motion …

Quantum Mechanics Investigation Of The Photophysical Properties Of Ruthenium(Ii)-Based Complexes Combined With The Development Of Their Force Field Parameters Using Molecular Mechanics And Molecular Dynamics Simulation, Sanaa Saad Alabbad

Graduate Student Theses, Dissertations, & Professional Papers

The focus of this study is to develop a theoretical strategy that can help guide the design of novel organometallics with desirable photophysical properties for molecular engineering. This computational study includes proposed complexes and others for which experimental data are available. The agreement between the computational results and the experimental observations confirms the validity of our procedure and the level of theory we applied in this study. The ground singlet (S0) and excited triplet (T1) electronic states and corresponding optical spectra of a series of cationic complexes —[RuH(CO)L(PPh3)2]+ (L=2,2´-bipyridyl) (Rubpy), 4,4´-dicarboxylic-2,2´-bipyridyl (Rudcbpy), bis-4,4’-(N-methylamide)-2,2´-bipyridyl (Rudamidebpy), bis-4,4’-(methyl)-2,2´-bipyridyl (RudMebpy), [Ru(CO)2dcbpy(PPh3)2]2+ (Ru(2CO)dcbpy), [Ru(H)2dcbpy(PPh3)2] (Ru(2H)dcbpy), …

The Power In Dice And Foam Swords: Gendered Resistance In Dungeons And Dragons And Live-Action Roleplay, Rachel M. Just

Graduate Student Theses, Dissertations, & Professional Papers

Much of the existing research on gaming suggests that women are often excluded from or discriminated against in gaming communities. However, few scholars focus on women’s positive experiences within those communities, and even fewer examine tabletop and live-action roleplaying games. In this thesis, I utilized Jurgen Habermas’ theory of communicative action, Judith Butler’s theory of gender performativity, and James C. Scott’s theory of hidden transcripts to analyze how in-game and out-of-game comradery among players created a space in which passive resistance against normative gender expectations was possible. Specifically, the question I wanted to answer was how do women communicatively enact …

Beak Doctor, Bryn L. Agnew

Graduate Student Theses, Dissertations, & Professional Papers

Beak Doctor is an excerpt from a novel in progress concerning the life of Brennan Madigan as he grows up in northeastern Ireland and later works as a plague doctor in Venice during the Thirty Years War. The excerpt's primary themes are loss, madness, mythology, religion, and mortality.

The Development Of Secondary Mathematics Teachers’ Pedagogical Identities In The Social Context Of Classroom Interactions, Hyung Won Kim

School of Mathematical & Statistical Sciences Faculty Publications

Research demonstrates a disjuncture between the practices encouraged by teacher education programs and what teachers actually do in the classroom. It also informs us that the cognitive and social characteristics of individual teachers such as their attitudes, beliefs and knowledge contribute to their classroom practices. This qualitative study investigates how the teacher identity of mathematics teachers – the person’s sense of who he/she is as a mathematics teacher – is related to the disjuncture between encouraged and actual classroom practices. Specifically, the study looks into how mathematics teachers form their teaching practices in the social context of their classroom interactions, …

Spring/Summer 2018

University of Richmond Magazine

No abstract provided.

Winter 2018

University of Richmond Magazine

No abstract provided.

Autumn 2018

University of Richmond Magazine

No abstract provided.

Chipping Through Time: The Evolution Of Lithic Spatial Organization At The Bridge River Pithouse Village, British Columbia, Ethan P. Ryan

Graduate Student Theses, Dissertations, & Professional Papers

Archaeological investigations at Housepit 54 within the Bridge River site have, to date, exposed 15 discreet floors primarily dating to ca. 1500-1000 cal. B.P. In this thesis, the spatial distributions of lithic artifacts from every floor are examined. Questions will be addressed specifically towards formation processes and the potential relationships between the patterning of lithic distributions as they relate to hearth-centered activity areas or domestic areas and fluctuations in estimated population. In addition, this thesis explores spatial organization as a cultural trait or concept that can be transmitted through time. Using the same methodological and theoretical approach for each floor, …

Factors Influencing Confidence After Multiple Acl Injuries: A Qualitative Case Study, Jacob Casebolt

Graduate Student Theses, Dissertations, & Professional Papers

Background: Anterior Cruciate Ligament (ACL) injuries are common with over 200,000 injuries occurring yearly in the United States. Despite excellent objective measures, only 63% of patients return to their pre-injury level of activity. The low number suggest psychologically mediated disability in ACL reconstruction (ACLR) patients. Purpose: The purpose of this qualitative case study is to describe the confidence of one athlete who underwent multiple ACLR and continued to move into higher levels of competition. Methods: A qualitative case study was conducted with a single women’s soccer player with three ACLR. After a review of the participant’s medical history, the primary …

Pig Trauma Models: A Civilian Perspective On Ar-15 Post-Cranial Skeletal Trauma, Lauren M. Kenney

Graduate Student Theses, Dissertations, & Professional Papers

In the last decade, our country has seen an unprecedented wave of terror that has been punctuated by increasing events of gun-related violence. Consequently, the use of firearms against civilians or upon targets containing civilians has inevitably had a direct impact on the health of the individuals affected, and in many cases these events have concluded with mass number fatalities. The driving force for this research falls to the lack of available literature regarding traumatic skeletal injuries associated with high-velocity firearms outside of realm of the military. The effects of these types of weapons on civilians, which result from their …

Bibliography For Interstices 2018: Beyond Human: Emotion And Ai, Kristin Laughtin-Dunker

Library Displays and Bibliographies

An annotated list of materials in the Leatherby Libraries to accompany the Interstices 2018: Beyond Human: Emotion and AI event held at Chapman University in February 2018. The event featured Lisa Joy, co-creator and executive producer of HBO’s Emmy winning hit series Westworld, Jon Gratch, Director for Virtual Human Research at the University of Southern California’s (USC) Institute for Creative Technologies and Caroline Bainbridge, a Professor of Psychoanalysis and Culture in the Department of Media, Culture and Language at the University of Roehampton London. The Leatherby Libraries also hosted two book club discussions of The Positronic …

Equine-Facilitated Therapy: An Adjunct Treatment For Pre-Adolescent Girls With Adhd, Maya E. Michel

Antioch University Dissertations & Theses

This study examined the potential impact of equine-facilitated therapy (EFT) as an adjunct treatment for pre-adolescent girls with attention deficit hyperactivity disorder (ADHD). Research on EFT has shown some promise in helping children develop a sense of self and greater awareness of their behavior and body language. It has also shown potential for increasing externalizing and internalizing behaviors. The rationale behind the use of EFT with children with ADHD is that by taking part in an EFT program, they will receive immediate feedback on their behavior and will therefore experience an increase in attentional control and a decrease in impulsivity. …

Interpretative Analysis Of Adult Learners’ Lived Experiences In A Uniquely Designed Higher Education Program, Latonya M. Branham

Antioch University Dissertations & Theses

The lived and collegiate experiences of adult learners, who are among the fastest growing student population in 21st century higher education, is the essence of this study. The study was conducted using interpretative phenomenological analysis. Fifteen baccalaureate level degree-seeking study participants consented to share their respective journeys. Twenty-one interviews were conducted for the study. Code-listed categories, themes and sub-themes emerged from two interview sessions, and member-checking sessions. Several themes were aligned to two research questions: In what ways, if any, are the distinctive needs and expectations of adult learners fulfilled through a baccalaureate level adult learner program; and, what does …

Development And Validation Of The Adaptive Leadership With Authority Scale, Mohammed Raei

Antioch University Dissertations & Theses

A reliable scale to measure adaptive leadership with authority—leadership from a position of power—does not exist. This was an embedded mixed-methods study–QUAN(qual) with data collected through an online survey instrument that included the proposed scale items and an open-ended question. The quantitative part of the study, using data from 436 respondents (92.7% from Mechanical Turk, 7.3% from snowball sampling), involved the development and validation of a unidimensional scale that measures adaptive leadership with authority using exploratory and confirmatory factor analysis. The 11-item scale had a Cronbach’s alpha value of .891 and thus displayed high reliability. In the qualitative part of …

Differences Between Introverts And Extraverts With Bipolar Disorder, Ray E. Mchale

Antioch University Dissertations & Theses

People living with bipolar disorder have vastly different presentations and experiences despite sharing a common diagnosis. While some research has explored the role of temperament in these different presentations (Azorin, Adida, & Belzeaux, 2015; Graham, Parker, Breakspear, & Mitchell, 2015; Iasevoli et al., 2013), little is currently known about whether individuals’ levels of introversion or extraversion are related to the symptoms they experience or their general way of understanding their experiences with bipolar disorder. For this study, participants were asked to complete an online survey that measured their level of extraversion, their symptoms of mania, and background information concerning their …