Digital Commons Network^™

Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

The U.S. Supreme Court's jurisprudence on freedom of speech and press spans little more than 100 years, during which justices from Oliver Wendell Holmes to John Roberts have weighed in on the development of the law. But perhaps more than in some other areas of constitu- tional law, the evolution and growth of free speech have required the courage, sacrifice, determination, and commitment of hundreds, maybe thousands, of litigants over the years who have waged heroic struggles for their rights.

Disrupting The Discrimination Narrative: An Argument For Wage And Hour Laws' Inclusion In Antisubordination Advocacy, Llezlie Green

Scholarly Articles in Law Reviews & Journals

The traditional discrimination narrative dominates both legal and popular understanding of workplace exploitation of African American workers. This narrative, however, is incomplete as it fails to consider other chronic workplace challenges such as wage theft. The dominant narrative draws upon an anticlassification framework rather than an antisubordination framework. In addition, post-racial legal analyses complicate the dominant narrative’s utility, particularly in a system plagued by structural inequality. Furthermore, both its legal underpinnings and the normative realities of pursuing discrimination claims challenge its efficacy in addressing workplace subordination. Wage theft has largely characterized only the immigrant worker exploitation narrative, despite wage theft’s …

Wage Theft In Lawless Courts, Llezlie Green

Scholarly Articles in Law Reviews & Journals

Low-wage workers experience wage theft — that is, employers’ failure to pay earned wages — at alarmingly high rates. Indeed, the number of wage and hour cases filed in federal and state courts and administrative agencies steadily increases every year. While much of the scholarly assessment of wage and hour litigation focuses on large collective and class actions involving hundreds or thousands of workers and millions of dollars in lost wages, the experiences of individual workers with small claims have received little attention. Furthermore, scholarly consideration of the justice gap in lower courts, more generally, has often focused on debt …

The Early Guitar In The New World: Its Route From Seville To Santo Domingo, Puerto Rico, And Cubagua (1497–1550), Richard T. Pinnell

Soundboard Scholar

Pinnell discusses the history of guitar in the New World. The third voyage of Christopher Columbus was not only the first of the Columbian voyages to reach South America along the Venezuelan coastline; it was also the first that explicitly included musical instruments and trained musicians. "Their Catholic Majesties" (Los Reyes Católicos), so designated by Pope Alexander VI upon their defeat of the Moors, had already been quite disappointed with the lack of stability and growth in the grim encampments established by Columbus, so this time they proposed a unique list of professions and skills among the passengers to ensure …

Mauro Giuliani And Austrian Folk Music, Stefan Hackl

Soundboard Scholar

Mauro Giuliani, one of the most important figures in the growth and development of the guitar in the earlier nineteenth century, spent his most productive years in Vienna from 1806 to 1819. He was well connected with the cultural and social life of the imperial city, at the time a melting pot which welcomed talented artists with diverse backgrounds from throughout the provinces and neighboring states. Here, Hackl discusses Giuliani's folk songs.

Los Romeros: Royal Family Of The Spanish Guitar By Walter Aaron Clark, Richard Long

Soundboard Scholar

A review of Los Romeros: Royal Family of the Spanish Guitar by Walter Aaron Clark.

Nineteenth-Century Guitar Songs: An Idiosyncratic Survey, By Ian Gammie, Richard Long

Soundboard Scholar

A review of Nineteenth-Century Guitar Songs: An Idiosyncratic Survey, by Ian Gammie.

Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, Matthew Lostocco

Honors Theses and Capstones

In recent years, Internet of Things (IoT) devices have exploded on the consumer scene. These emerging products bring new technological capabilities into our everyday lives. IoT is projected to contribute anywhere from $4-11 trillion to the global economy and companies are investing billions of dollars into the technology. However, with the vast amount of data that IoT devices collect, consumers are burdening the risk of having their personal data breached or sold to third parties. This paper first identifies why consumers may be weary or willing towards providing their personal data and how unconscious biases in the purchasing process cause …

The Facts Behind Gmo Food, Wenbin Liu

Honors Theses and Capstones

No abstract provided.

Administrative Law: The Trouble With Counting, Jodi L. Short

The Judges' Book

No abstract provided.

Table Of Contents

The Judges' Book

No abstract provided.

Constitutional Law: Funding Restrictions And Separation Of Powers, Zachary S. Price

The Judges' Book

No abstract provided.

Health Law: Sb 17 And State Regulation Of Drug Pricing, Jaime S. King, Katherine L. Gudiksen

The Judges' Book

No abstract provided.

Immunization Law: Litigating Alternative Facts, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.

Public Lands: Are U.S. Public Lands Unconstitutional?, John D. Leshy

The Judges' Book

No abstract provided.

Tax Law: Problems With Abandoning The Full-Deduction Rule, Manoj Viswanathan

The Judges' Book

No abstract provided.

Appendix: Notable Faculty Scholarship In 2018

The Judges' Book

No abstract provided.

Mechanisms To Improve Employer Engagement In Apprenticeship In The Irish Construction Industry: A Mesolevel Analysis, Eoghan Ó Murchadha, Roisin Murphy

Conference papers

Apprentice training in Ireland remains within a state of flux. Although construction output is steady at present with the sector recording growth in excess of 60 percent over the last three years, there remains an alarming discordant issue of a lack of construction skills. In 2017, the largest representative body of construction related firms in Ireland, the Construction Industry Federation (CIF) endorsed a research study of their membership of more than 1,000 firms in an attempt to quantify the level of engagement in training. This study sought to identify the determinants of engagement and the constraints thereof. Findings from the …

What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter

Scholarly Articles in Law Reviews & Journals

The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.

A Review Of 3d Gis For Use In Creating Virtual Historic Dublin, Alain Chenaux, Maurice Murphy, S. Pavia, S. Fai, T. Molnar, John Cahill, Shane Lenihan, A. Corns

Conference papers

This paper illustrates how BIM integration with GIS is approached as part of the workflow in creating Virtual Historic Dublin. A design for a WEB based interactive 3D model of historic buildings and centres in Dublin City (Virtual Historic Dublin City) paralleling smart city initiates is now under construction and led by the National Monuments at the Office of Public Works in Ireland. The aim is to facilitate the conservation and maintenance of historic infrastructure and fabric and the dissemination of knowledge for education and cultural tourism using an extensive Historic Building Information Model. Remote sensing data is now processed …

Chronic Stress And Ovarian Function In Female Childhood Cancer Survivors, Theresa Marie Hardy, Mauricio Garnier-Villarreal, Jennifer M. Ohlendorf, Donna O. Mccarthy

College of Nursing Faculty Research and Publications

Objectives: To explore the relationships among perceived stress, biomarkers of hypothalamic–pituitary–adrenal (HPA) activity, gonadotropin levels, and anti-Müllerian hormone (AMH) in female childhood cancer survivors (CCSs).

Sample & Setting: 24 female CCSs from the Royal Hospital for Sick Children in Edinburgh, Scotland, were included in the study.

Methods & Variables: Perceived stress was measured using the Perceived Stress Scale. HPA activity was measured using salivary cortisol and hair cortisol. Ovarian function was measured using serum gonadotropin levels and serum AMH levels. Latent growth curve modeling was used to determine diurnal cortisol slope and intercept. Bayesian structural equation modeling was used to …

A Historical Review Of The Catholic Scientists Who Answered The Call Of Humanae Vitae, Richard J. Fehring

College of Nursing Faculty Research and Publications

No abstract provided.

Adapting The Surveying Curriculum To New Dimensions Of The Profession, Fahria Masum, Reinfried Mansberger, Audrey Martin, Gerhard Navratil, Anthony Mushinge

Articles

Today the surveying profession is very different from what it was twenty years ago. Recent technological innovations, globalization, and global land-related challenges have allowed a wide range of advances in the surveying profession. The vision is to promote surveying practices that can enhance the quality of services in a variety of tracks in the land profession. According to the new adjacent professional areas and the needs of the labor market, academic courses for surveyors have to be adapted to meet the broader scope of the surveying profession and to supply highly qualified land professionals. This paper outlines the new challenges …

The Octopus Mind And The Argument Against Farming It, Jennifer Jacquet, Becca Franks, Peter Godfrey-Smith

Animal Sentience

Mather is convincing about octopuses having ‘a controlling mind, motivated to gather information,’ but stops short of asking what having that mind means for octopus moral standing. One consequence of understanding the octopus mind should be a refusal to subject octopuses to mass production. Octopus farming is in an experimental phase and supported by various countries. We argue that it is unethical because of concerns about animal welfare as well as environmental impacts.

Casting A Sheep’S Eye On Science, David M. Peña-Guzmán

Animal Sentience

Marino & Merskin review evidence that sheep are not just passive and reactive creatures. They have personalities that vary from individual to individual and endure over time. It follows that we must rethink what it means to study them scientifically.

Far More To Sheep Than Meets The Casual Eye, Bernard Rollin

Animal Sentience

Marino & Merskin’s survey of the cognitive and social capacities of sheep is an eye-opener about the individuality and emotionality of this most maligned of all farm animals. My own eyes had already been opened by an adopted orphaned lamb, so much more like a dog as a companion animal than the mindless robot I had been conditioned to expect. I am morally certain that Marino & Merskin’s survey will have a similar effect on readers open to changing their minds.

Smart Sheep Need More Protection, Michael L. Woodruff

Animal Sentience

The target article unequivocally establishes that sheep are far more intelligent and cognitively sophisticated than is generally acknowledged. For this reason, the authors advocate for significantly more stringent regulation of agricultural and research practices when sheep are used. I briefly review the existing US regulations governing the use of sheep in research and discuss the extent to which they are applied to sheep. I then discuss weaknesses in the current regulations, concluding that they should be changed to mandate housing all research animals in environments that accommodate the psychosocial needs of each species.

Farm Animals Are Not Humans In Sheep Clothing, Lorenz Gygax, Christian Nawroth

Animal Sentience

Research on the mental lives of farm animals is crucial to assess not only their physical but also their psychological wellbeing. Their current housing and handling practices are highly unlikely to meet their cognitive needs and demands, but our knowledge of their mental capacities is still limited. Although folk wisdom often refers to farm animals as dull and inflexible, recent studies show they have a rich interpretation of their environment and can solve complex problems. Yet an uncritical and anthropomorphic assessment of farm animal cognition and behaviour may lead to the attribution of an exaggerated amount of cognitive flexibility. Contrary …

Cognition, Emotion, Personality And The Conservation And Management Of Wild Ungulates, Rob Found

Animal Sentience

Increasing public understanding of the complexity of wild ungulates can improve animal welfare and advance global conservation efforts of these keystone species. Unfortunately, shaping public opinion on wild species is challenging because personal experience with wildlife is declining, popular education is still biased towards the predator instead of the prey, and scientific research is more difficult to conduct on wild ungulates compared to those on farms, in zoos, or otherwise in captivity. Nevertheless, studies of cognition, individuality, and intelligence of wild ungulates are increasing. I briefly highlight some major results from my own work on complexity in wild elk, illustrating …