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Ignorance Of The Constitution Is Not Bliss: The Takings Clause Protects Against The State Of North Dakota Claiming Private Minerals Underneath Lake Sakakawea By Virtue Of The United States Acquiring The Land For The Garrison Dam Project, Joshua A. Swanson

North Dakota Law Review

No abstract provided.

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Voter Suppression Or Election Integrity? The Future Of Voter Identification In North Dakota, Logan Carpenter

North Dakota Law Review

No abstract provided.

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Edited & Excerpted Transcript Of The Symposium On The Law & Energy, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

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Proceedings Of The One Hundred Twentieth Annual Meeting Of The North Dakota State Bar Association, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

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"I'M Leavin' It (All) Up To You": Gundy And The (Sort-Of) Resurrection Of The Subdelegation Doctrine, Gary S. Lawson

Faculty Scholarship

In 2000, Cass Sunstein quipped that the conventional nondelegation doctrine, which holds that there are judicially enforceable constitutional limits on the extent to which Congress can confer discretion on other actors to determine the content of federal law, “has had one good year, and 211 bad ones (and counting).”1 The “one good year,” he said, was 1935, when the Court twice held unconstitutional certain provisions of the National Industrial Recovery Act that gave the president power to approve or create codes of conduct for essentially all American businesses, subject only to very vague, and often contradictory, statutory exhortations to pursue …

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Review Of Extraordinary Racial Politics By Fred Lee, Robert L. Tsai

Faculty Scholarship

The goal of Fred Lee in Extraordinary Racial Politics is to explicate a recurring form of political activity that is distinct from either revolutionary politics that convulse the entire polity or normal politics that yield formal laws and institutions. Between these phenomena, he describes a political experience that can be “unusual, episodic, intensive, decisive, and transformative” yet leaves its mark on a polity (p. 2). Lee is less concerned with the laws on the books than he is with an informal set of potent racial formations that are both sticky and generative: sometimes they are partly codified (as with legal …

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The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

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The Inconsentability Of Facial Surveillance, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Governments and companies often use consent to justify the use of facial recognition technologies for surveillance. Many proposals for regulating facial recognition technology incorporate consent rules as a way to protect those faces that are being tagged and tracked. But consent is a broken regulatory mechanism for facial surveillance. The individual risks of facial surveillance are impossibly opaque, and our collective autonomy and obscurity interests aren’t captured or served by individual decisions.

In this article, we argue that facial recognition technologies have a massive and likely fatal consent problem. We reconstruct some of Nancy Kim’s fundamental claims in Consentability: Consent …

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Foreign Affairs Prosecutions, Steven Arrigg Koh

Faculty Scholarship

Contemporary global crime and cross-border law enforcement cooperation have multiplied “foreign affairs prosecutions,” cases that encompass foreign apprehension, evidence gathering, and criminal conduct, as well as cases that implicate foreign nations’ criminal justice interests. Robert Mueller’s Russia investigation, the fugitive Edward Snowden, and the cross-border crimes of FIFA and El Chapo all exemplify such foreign affairs prosecutions. This Article argues that foreign affairs prosecutions represent a consequential shift in U.S. criminal law, offering the promise of closing global impunity gaps. At the same time, however, such cases risk defendant interests at home and U.S. foreign policy abroad. This Article calls …

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Stirring The Pot: A Response To Rothman's Right Of Publicity, Stacey Dogan

Faculty Scholarship

Any commentary on Jennifer Rothman’s terrific book has to begin with a compliment to her extraordinary commitment to the right of publicity. For the uninitiated, her website, Rothman’s Roadmap to the Right of Publicity, provides a treasure trove of information about the right of publicity in each of the fifty states. Professor Rothman has also written several articles and a number of excellent amicus briefs in some of the most important right-of-publicity cases in recent years. Finally, this latest contribution—her book—harnesses this exhaustive research and presents it as a historical narrative that is comprehensive, thoughtful, and readable. This book will …

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Big Waiver Under Statutory Sabotage, Elizabeth Mccuskey

Faculty Scholarship

The Affordable Care Act's State Innovation waiver allows federal agencies to suspend the most controversial parts of the statute for states to pursue alternative paths, while keeping the federal funding provided by the statute. This "big waiver" provision has the potential to enable states to pursue transformative health reforms, while preserving the affordability and universal coverage aims of the federal statute. Big waivers like this one carry theoretical promise, which largely depends on the strength of the federal statute's baseline infrastructure. This Essay considers early implementation of the State Innovation waiver as a test for big waiver theory - and …

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Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars

Faculty Scholarship

This brief paper, created as part of a training on new technologies and evidence for MCLE New England, outlines the standards used to compel disclosure of information under the Stored Communication Act, and reviews the types of data stored on various consumer devices and their likely custodians, as well as cases and notes relevant to each devices. The paper serves as a quick introduction and checklist for those considering gathering information from these devices in the course of investigations in Massachusetts. The devices outlined include cell phones, social media platforms, secure messaging services, fitness trackers, home assistant devices (or "smart …

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Judicial Impartiality In An Empirical Era, Tigran W. Eldred

Faculty Scholarship

The psychological dimensions of judicial impartiality is a topic of considerable interest, with a growing body of scholarship focused on the reasons judges often are unable to perceive their own biases.¹ The attention is not on why judges intentionally downplay factors that can undermine their own objectivity, but rather on the empirical reasons that everyone, judges included, tend to be unaware of the impact of their own biases. This “bias blind spot,”² a product of a series of unconscious cognitive and motivational factors, is at the center of the discussion, with even the Supreme Court making passing reference …

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Initiation To Para-Badminton Through The "Shuttle Time" Teaching Program, Alice Miranda Strapasson, Keiko Veronica Ono Fonseca, Maria Luiza Tanure Alves, Justin A. Haegele, Edison Duarte

Human Movement Studies & Special Education Faculty Publications

Introduction: Para-Badminton (PBd) is a sport adapted for people with disabilities. One of the ways of promoting and promoting badminton around the world is the “Shuttle Time” badminton teaching program. This resource helps teachers develop skills, knowledge and confidence to plan and provide safe and fun lessons. Objective: The objectives of this study were to apply “Shuttle Time” for people with physical disabilities (PD), adapt the activities proposed by the program, if necessary, and describe adaptation suggestions. Conclusion: The final observations of this research refer to the expansion of the “Shuttle Time” teaching program for people with PD, as increasing …

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Prevalence Of Chronic Disease, Associated Factors, And Health Related Quality Of Life Among Wesleyan Clergy, Angi May Mook

All-Inclusive List of Electronic Theses and Dissertations

Clergy believe they have been called to be healthy and role models of good health. However, epidemiological evidence supports that clergy are currently exhibiting higher rates of chronic diseases and associated factors such as obesity, diabetes, and hypertension compared to the general population. Prior studies of clergys health are limited because the few available studies are denomination specific, limiting generalizability to the other denominations who have differing theology and beliefs. The Wesleyan denomination has not been formally studied. The gap in literature, therefore, creates a need for baseline information specific to the Wesleyan clergy. This cross-sectional study assessed the prevalence …

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Use Of Agricultural Fields By Bats, And Its Implications For Pest Control, Morgan L. Chaney

All-Inclusive List of Electronic Theses and Dissertations

Insectivorous bats in the Midwest rely on agricultural land and adjacent forest for foraging, travel, and roosting, but how they use this landscape is not well understood. Here, I report the results of a study designed to investigate how the size and isolation of agricultural fields, and insect density, affects bat activity. I hypothesize that overall bat activity decreases with distance from the tree line, but the rate of decrease varies among species; that is to say, some species will stay near trees while others will utilize the entire field due to habitat preferences and ecomorphology. I collected insect samples …

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A Longitudinal Study Of Spirituality, Character Strengths, Subjective Well-Being, And Prosociality In Middle School Adolescents, Ariel Kor, Steven Pirutinsky, Mario Mikulincer, Anat Shoshani, Lisa Miller

Graduate School of Social Work Publications and Research

Using data from 1,352 middle-school Israeli adolescents, the current study examines the interface of spirituality and character strengths and its longitudinal contribution to subjective well-being and prosociality. Participants were approached three times over a 14-months period and completed measures of character strengths, spirituality, subjective well-being (positive emotions, life satisfaction), and prosociality. Findings revealed a fourth-factor structure of character strengths that included the typical tripartite classification of intrapersonal, interpersonal, and intellectual strengths together with spirituality emerging as a statistically autonomous factor. Spirituality was stable over time and contributed to higher subjective well-being and prosociality both cross- sectionally and longitudinally. Discussion focuses …

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Review: A Specter Haunting Europe: The Myth Of Judeo-Bolshevism, Natalia Aleksiun, Paul Hanebrink

Touro Scholarly Works

No abstract provided.

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I Was The Only One In The Building. Lived Experiences Of Black School Counselors Post-Brown V. Board Of Education In Predominantly White Schools, Yevonne A. Jones

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to explore the lived experiences of Black school counselors post- Brown v. Board of Education (1954) decision and their integration into predominantly White public schools. A literature review was conducted which included the history of school counseling, Brown v. Board of Education , and its impact on the displacement of Black educators. The literature also explored the experiences of Black teachers and students post- Brown and current demographic data of school counselors. A qualitative study was conducted to capture the lived experiences of participants using multiple case studies and narrative life stories. Four Black …

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Sources Of Black-White Differences In Mmpi-2-Rf Scores Among Traditionally Aged College Students, Yelena Gonzalez

All-Inclusive List of Electronic Theses and Dissertations

The Minnesota Multiphasic Personality Inventory (MMPI) is a widely used and extensively researched psychodiagnostic instrument that has received some attention regarding its use with racial and ethnic populations. Most of this attention has focused on scaled score differences observed between White and African American individuals, with conclusions ranging from questions about the instruments integrity and fairness in its use with diverse populations, to theories that these differences reflect individual and environmental disparities between groups. Despite a number of studies focusing on racial differences on the MMPI and its revised form, the MMPI-2, few studies have examined whether these differences exist …

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Technology Threat Avoidance Factors As Predictors Of Risky Cybersecurity Behavior Within The Enterprise, Andrew R. Gillam

All-Inclusive List of Electronic Theses and Dissertations

Recent research ofBailey College of Engineering and Technology (IT) end-user cybersecurity-related risky behaviors has focused on items such as IT user decision-making, impulsiveness, and internet use as predictors of human cyber vulnerability. Theories which guide user human behavioral intent, such as protection motivation theory (PMT, introduced by Rogers, 1975) and technology threat avoidance theory (TTAT, introduced by Liang and Xue, 2009) have not been widely investigated as antecedents of risky cybersecurity behavior (RScB). ThisDissertation describes exploratory research that analyzed and evaluated PMT/TTAT factors as predictors of RScB by enterprise IT users. This work uniquely contributes to the literature by investigating …

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The Effects Of Race, Ethnicity, And Language On Competency To Stand Trial Evaluations, Gonzalez Melvin Pagan

All-Inclusive List of Electronic Theses and Dissertations

Forensic evaluators receive training on multicultural assessment and most forensic assessment textbooks include guidelines addressing multicultural issues, but there is little research examining how race/ethnicity and linguistic differences may impact competency to stand trial evaluations. There is a need for research to better understand the needs of Hispanic individuals who are among the fastest growing populations in the United States. Prior studies suggest that clinicians may diagnose African American defendants and Hispanic individuals with a more severe diagnosis when compared to Caucasian individuals. When defendants communicate in their secondary language or require the use of an interpreter it may impact …

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A Gis-Based Modeling Approach To High-Resolution Anthropogenic Heat Flux And Building Energy Demand In Los Angeles, Yuanfan Zheng

All-Inclusive List of Electronic Theses and Dissertations

Anthropogenic heat flux (Q f ) originates from energy consumption in buildings, industrial plants, vehicle exhaust, and human metabolism. Q f is an important component of the urban Surface Energy Balance (SEB) system and a key to understanding many urban environmental issues. Climate change affects building energy consumption in many ways, and building energy consumption is the largest contributor to Q f in many cities. One of these contributions comprises changes in heating and cooling demands in buildings. The increase in annual energy use in cities results in more carbon emissions and constitutes a great challenge to urban sustainability because …

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A Curriculum Analysis Of The Mid-America Law Enforcement Academy Through A Multicultural Lens, Jill Musgrave

All-Inclusive List of Electronic Theses and Dissertations

This research was conducted as an exploratory case study guided by the institutional curriculum model for multicultural Education developed by Coles and Grant (1985). Document analysis, over 125 hours of observations, seven instructor interviews, and 12 recruit interviews were conducted to explore how the institutional curriculum (e.g., the official, null, operational, hidden, and extra curriculum) addressed multiculturalism and cultural responsiveness at a police academy, and how the institutional multicultural curriculum impacted the recruits. After data were collected and analyzed across all data sources, three primary findings emerged. First, a lack of vertical and horizontal communication exists regarding the multicultural curriculum. …

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Barangay, Emma E. Porio, Emily Roque-Sarmiento

Sociology & Anthropology Department Faculty Publications

No abstract provided.

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Metro Manila, Emma E. Porio, Antonia Yulo-Loyzaga, Cecile Uy

Sociology & Anthropology Department Faculty Publications

No abstract provided.

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Local Instabilities During Capillary-Dominated Immiscible Displacement In Porous Media, Yang Liu, Stefan Iglauer, Jianchao Cai, Mohammad A. Amooie, Chaozhong Qin

Research outputs 2014 to 2021

Fully understanding the mechanism of pore-scale immiscible displacement dominated by capillary forces, especially local instabilities and their influence on flow patterns, is essential for various industrial and environmental applications such as enhanced oil recovery, CO₂ geo-sequestration and remediation of contaminated aquifers. It is well known that such immiscible displacement is extremely sensitive to the fluid properties and pore structure, especially the wetting properties of the porous medium which affect not only local interfacial instabilities at the micro-scale, but also displacement patterns at the macro-scale. In this review, local interfacial instabilities under three typical wetting conditions, namely Haines jump events …

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Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for …

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Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth Varottil, Wai Yee Wan

Research Collection Yong Pung How School Of Law

The market for corporate control is animportant corporate governance mechanism for the discipline of corporatemanagers. However, the process and substance of the regulation of hostiletakeovers differs remarkably among various jurisdictions. Existing andinfluential scholarship has focused on the differences in regulation between UnitedStates (US) and the United Kingdom (UK), with the explanations being founded ininterest group politics. Influential as it is, the question is whether thetheory can be extended outside of the US and the UK, particularly to theirlegal transplants in Asia? In the last few decades, many of the Asianjurisdictions have drawn heavily from the US and the UK when …

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Tackling Elder Abuse: State Intervention Under Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Abuse and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults' best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore's Vulnerable Adults Act identifies the point for intervention and embodies safeguards …

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Full-Text Articles in Entire DC Network

Ignorance Of The Constitution Is Not Bliss: The Takings Clause Protects Against The State Of North Dakota Claiming Private Minerals Underneath Lake Sakakawea By Virtue Of The United States Acquiring The Land For The Garrison Dam Project, Joshua A. Swanson

North Dakota Law Review

Voter Suppression Or Election Integrity? The Future Of Voter Identification In North Dakota, Logan Carpenter

North Dakota Law Review

Edited & Excerpted Transcript Of The Symposium On The Law & Energy, North Dakota Law Review Associate Editors

North Dakota Law Review

Proceedings Of The One Hundred Twentieth Annual Meeting Of The North Dakota State Bar Association, North Dakota Law Review Associate Editors

North Dakota Law Review

"I'M Leavin' It (All) Up To You": Gundy And The (Sort-Of) Resurrection Of The Subdelegation Doctrine, Gary S. Lawson

Faculty Scholarship

Review Of Extraordinary Racial Politics By Fred Lee, Robert L. Tsai

Faculty Scholarship

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

The Inconsentability Of Facial Surveillance, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Foreign Affairs Prosecutions, Steven Arrigg Koh

Faculty Scholarship

Stirring The Pot: A Response To Rothman's Right Of Publicity, Stacey Dogan

Faculty Scholarship

Big Waiver Under Statutory Sabotage, Elizabeth Mccuskey

Faculty Scholarship

Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars

Faculty Scholarship

Judicial Impartiality In An Empirical Era, Tigran W. Eldred

Faculty Scholarship

Initiation To Para-Badminton Through The "Shuttle Time" Teaching Program, Alice Miranda Strapasson, Keiko Veronica Ono Fonseca, Maria Luiza Tanure Alves, Justin A. Haegele, Edison Duarte

Human Movement Studies & Special Education Faculty Publications

Prevalence Of Chronic Disease, Associated Factors, And Health Related Quality Of Life Among Wesleyan Clergy, Angi May Mook

All-Inclusive List of Electronic Theses and Dissertations

Use Of Agricultural Fields By Bats, And Its Implications For Pest Control, Morgan L. Chaney

All-Inclusive List of Electronic Theses and Dissertations

A Longitudinal Study Of Spirituality, Character Strengths, Subjective Well-Being, And Prosociality In Middle School Adolescents, Ariel Kor, Steven Pirutinsky, Mario Mikulincer, Anat Shoshani, Lisa Miller

Graduate School of Social Work Publications and Research

Review: A Specter Haunting Europe: The Myth Of Judeo-Bolshevism, Natalia Aleksiun, Paul Hanebrink

Touro Scholarly Works

I Was The Only One In The Building. Lived Experiences Of Black School Counselors Post-Brown V. Board Of Education In Predominantly White Schools, Yevonne A. Jones

All-Inclusive List of Electronic Theses and Dissertations

Sources Of Black-White Differences In Mmpi-2-Rf Scores Among Traditionally Aged College Students, Yelena Gonzalez

All-Inclusive List of Electronic Theses and Dissertations

Technology Threat Avoidance Factors As Predictors Of Risky Cybersecurity Behavior Within The Enterprise, Andrew R. Gillam

All-Inclusive List of Electronic Theses and Dissertations

The Effects Of Race, Ethnicity, And Language On Competency To Stand Trial Evaluations, Gonzalez Melvin Pagan

All-Inclusive List of Electronic Theses and Dissertations

A Gis-Based Modeling Approach To High-Resolution Anthropogenic Heat Flux And Building Energy Demand In Los Angeles, Yuanfan Zheng

All-Inclusive List of Electronic Theses and Dissertations

A Curriculum Analysis Of The Mid-America Law Enforcement Academy Through A Multicultural Lens, Jill Musgrave

All-Inclusive List of Electronic Theses and Dissertations

Barangay, Emma E. Porio, Emily Roque-Sarmiento

Sociology & Anthropology Department Faculty Publications

Metro Manila, Emma E. Porio, Antonia Yulo-Loyzaga, Cecile Uy

Sociology & Anthropology Department Faculty Publications

Local Instabilities During Capillary-Dominated Immiscible Displacement In Porous Media, Yang Liu, Stefan Iglauer, Jianchao Cai, Mohammad A. Amooie, Chaozhong Qin

Research outputs 2014 to 2021

Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth Varottil, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Tackling Elder Abuse: State Intervention Under Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law