Digital Commons Network^™

The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan D. Bernick

Notre Dame Law Review

We thank the Notre Dame Law Review for allowing us to respond to Kurt Lash’s reply to our critique of his interpretation of the Privileges or Immunities Clause. We could forgive readers for having difficulty adjudicating this dispute. When Lash argues, evidence always comes pouring forth, and the sheer volume can overwhelm the senses. We sometimes have a hard time following his arguments, and we are experts in the field. We can only imagine how it seems to those who are otherwise unfamiliar with this terrain.

So, in this reply—with a few exceptions—we will avoid piling up any new evidence …

Rediscovering Corfield V. Coryell, Gerard N. Magliocca

Notre Dame Law Review

This Article reveals new details about Corfield v. Coryell based on archival research. In 2017, the author found Justice Washington’s original notes on Corfield in the Chicago History Museum. The most important revelation about Corfield is that the Justice was initially inclined to hold that the state law his decision upheld was, in fact, unconstitutional under the Privileges and Immunities Clause. The notes also say that he saw Livingston v. Van Ingen as the leading precedent on the Privileges and Immunities Clause and backed Chancellor Kent’s view in that case that the Clause articulated a nondiscrimination rule for out-of-state citizens …

Rethinking The Efficiency Of The Common Law, D. Daniel Sokol

Notre Dame Law Review

This Article shows how Posner and other scholars who claimed that common law was efficient misunderstood the structure of common law. If common law was more efficient, there would have been a noticeable push across most, if not all, doctrines to greater efficiency. This has not been the case. Rather, common law, better recast as a “platform,” could, under a certain set of parameters, lead to efficient outcomes. Next, the Article’s analysis suggests that while not every judge thinks about efficiency in decisionmaking, there must be some architectural or governance feature pushing in the direction of efficiency—which exists in some …

De Facto State: Social Media Networks And The First Amendment, Paul Domer

Notre Dame Law Review

In Marsh v. Alabama, a Jehovah’s Witness was arrested and convicted of trespassing for proselytizing on a public sidewalk that nonetheless was, like everything else in the “company town,” privately owned. The Court reversed, holding that the First and Fourteenth Amendments applied against a private actor if it exercised all the powers and responsibilities traditionally associated with a government—policing, utilities, and traffic control, for example. Writing for the majority, Justice Black declared, “The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the …

Clemson Commencement Program, December 2019, Clemson University

Clemson Commencement Programs

No abstract provided.

Schools As Workplaces: Intersectional Regimes Of Inequality, Johanna S. Quinn, Myra Marx Ferree

Sociology Faculty Publications

Joan Acker extended her 1990 brilliant and path‐breaking article, ‘Hierarchies, Jobs, Bodies’, to address the intersectional effects of gender, race and class as ‘inequality regimes’ in her 2006 article of that name. This research picks up her challenge to see embodied workers holding jobs in organizations structured simultaneously and interactively by gender, race and class processes. Rather than studying a corporate regime in which the actors are managers, supervisors and workers, this study looks at the organizational interactions among teachers and paraprofessionals in one large, urban and unionized school district in the United States. We look at skill, care and …

World Transit Research December 2019 Newsletter, Institute Of Transport Studies Monash University

World Transit Research Newsletter

No abstract provided.

“If We Don’T Include Literature, Where Do We Teach Our Students From?” An Effort To Introduce Children’S Literature To Indonesian Preservice Teachers, Tati L Durriyah

Reading Horizons: A Journal of Literacy and Language Arts

Indonesia’s new literacy initiative called Gerakan Literasi Sekolah (GLS) focuses on developing literacy-rich school environments through a sequence of book engagements. As the locus of control in daily literacy activities (Lehman, 2007), teachers in Indonesia assume much of the responsibility for student literacy learning. Despite this, Indonesian teachers receive minimal preparation in facilitating literacy instruction using literature; for example, courses that introduce student teachers to children’s literature are not commonly offered in Indonesian teacher education. This study aims to fill in the dearth of data regarding the efforts to introduce Indonesian preservice teachers to literature for children and the pedagogy …

Editorial Review Board Rh V.58 N.3

Reading Horizons: A Journal of Literacy and Language Arts

No abstract provided.

2019 Annual Report, Imsa Fund

IMSA Fund Reports

No abstract provided.

Standardized Waterproof Testing Of Plastic Based Material Flooring (Pbm Flooring), John P. Sanders, Cody Spence

Publications

Tile Council of North America Product Performance Testing Laboratory, under the direction of Dr. John Sanders of the Bishop Materials Laboratory at Clemson University, evaluated the extent that water can leak through plastic based material (PBM)¹ floor coverings advertised as 100% waterproof. To make this assessment, product literature was examined to determine which test methods were used to support the manufacturers’² claims of products being waterproof. Neither test methods or data to justify a 100% waterproof claim were found, despite a thorough review of product literature.³

ASTM, ANSI, ISO, and CEN standards were examined for relevant test …

Wet Slip Resistance Of Plastic Based Material Flooring (Pbm Flooring), John P. Sanders, Grant Davidson

Publications

Tile Council of North America Product Performance Testing Laboratory, under the direction of Dr. John Sanders of the Bishop Materials Laboratory at Clemson University, measured the wet Dynamic Coefficient of Friction (DCOF) of 22 plastic based material (PBM¹) flooring products that manufacturers² advertise or claim to be waterproof, water resistant, or depict being used in areas where flooring gets wet.³ The claims suggest that such PBM products can be used where exposed to water. However, product literature for only five products tested in this report cautioned the products can be potentially slippery when wet, and no …

Complex Powers Of I Satisfying The Continued Fraction Functional Equation Over The Gaussian Integers, Matthew Niemiro '20

Exemplary Student Work

We investigate and then state the conditions under which i^z satisfies the simple continued fraction functional equation for real and then complex z over the Gaussian integers.

0726 Colorado Legislative Rules, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Laughing Back: A Phenomenological Study Of Disability Humor Using Culturally Responsive Methodologies, Kinda Abujbarah

Education (PhD) Dissertations

Historically, disabled people have not been viewed as innovators of humor because disability is associated with tragedy. My dissertation challenged the association of disability with tragedy by positioning disabled comedians as educators and ambassadors of disability rights. I reviewed the literature on disability and humor as well as disability oppression, which disability humor challenges. I used phenomenology as well as culturally responsive methodologies to examine what disabled comedians are achieving with their humor and what nondisabled audience members learned from attending their performances. Vygotsky’s sociocultural theory of learning was used to examine learning outcomes for audience members. I examined historical …

The Bridge Newsletter Winter 2019, Missouri University Of Science And Technology

The Bridge Newsletter

-Dehghani joins S&T
-Life after death of solar panels
-Civil engineering senior studies in Hong Kong
-Planning for future climate changes in the Artic

Combating Judicial Misconduct: A Stoic Approach, Michael D. Cicchini

Buffalo Law Review

Judicial ethics rules require criminal court judges to be competent, even-tempered, and impartial. In reality, however, many judges are grossly ignorant of the law, incredibly hostile toward the defense, and outright biased in favor of the state. Such acts of judicial misconduct pose serious problems for the criminal defense lawyer and violate many of the defendant’s statutory and constitutional rights.

This Article presents a framework for the defense lawyer to use in combating judicial misconduct. The approach is rooted in a principle of Stoic philosophy called “negative visualization.” That is, the lawyer should anticipate and visualize judicial incompetence, hostility, and …

Small Ruminant Health Intervention Calendar In Ethiopia, Mesfin Mekonnen, Ayalew Assefa, Tesfalem Nane, Firdawok Ayele, Asrat Arke, Belay Elias, Barbara Wieland

Daugherty Water for Food Global Institute: Faculty Publications

Contents

1 Background................................................................................................... 3
2 Developing the health intervention calendar............................................................ 4
The treatment calendar ......................................................... 4 Applying the calendar..................................................................... 5 4 References................................................................... 8

Regional Price Index 2019, Department Of Primary Industries And Regional Development, Western Australia

Statistics

No abstract provided.

Family Business Succession Planning Opportunities, Savas Saymaz, Hugh H. Lambert

Business Faculty/Staff Publications

Family businesses account for over 50% of U.S. GDP, and 35% of Fortune 500 companies are controlled by families. These companies are vital to the economy, offering stability, a long-term commitment, and responsibility to their communities and employees. Although family-owned businesses are responsible for 60% of jobs in America, a recent family business survey done by the National Bureau of Economic Research’s Family Business Alliance indicates that despite succession being a critical issue for many family companies, only 15% of them have anything resembling a succession plan in place. Furthermore, businesses have a difficult time surviving through multiple generations; just …

Psychometric Evaluation Of The Casey-Fink Graduate Nurse Experience Survey, Kathryn C. Casey

Dissertations

Graduate nurses experience stress transitioning from the role of nursing student to practicing professional nurse. Understanding the graduate nurse’s role transition experience is important because excessive and unrelieved stress might influence job satisfaction and contribute to high turnover. Measuring and improving the role transition experience for graduate nurses has become important for healthcare organizations due to concerns regarding retention. A valid and reliable instrument was needed to assess the graduate nurse’s role transition experience. The Casey-Fink Graduate Nurse Experience Survey (Casey, Fink, Krugman, & Propst, 2004) is the most commonly used instrument to measure the stressors, fears, and challenges experienced …

We Were Asked To Deny A Part Of Ourselves —And We Did: How Black Women Doctoral Students Experience Their Intersectional Identities In Race-Based Activism, Cherjanet Diane Lenzy

Dissertations

This study explored the experiences of 10 Black women doctoral students’ experiences with their intersectional identities in race-based activist work. Grounded in Black feminist thought and critical race feminism, participants engaged in a multi-method inquiry that employed in-depth interviews. “Artistic Story” was additionally used as a method to provoke intentional reflection. Counterstory methodology with the influences of testimonio and testifying techniques, coupled with an endarkend feminist epistemology, situated the study to commit to a reflective process that engaged the researcher and the participants simultaneously. The data analysis first revealed the theme unconscious back-seating, where participants were regulated to the back-seat …

Public Telescope Night At Ohio University Observatory, Dec. 7, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Psychology Colloquium | Strategies For Personalizing And Scaling Youth Psychotherapy, Dec. 6, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Public Telescope Night At Ohio University Observatory, Dec. 6, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Physics Colloquium | The Clas12 Experiment: A New View On The Structure And Spectrum Of Hadrons, Dec. 6, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Nqpi Seminar | Rohan Akolkar Of Case Western Reserve University, Dec. 5, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Which Distributions (Or Families Of Distributions) Best Represent Interval Uncertainty: Case Of Permutation-Invariant Criteria, Michael Beer, Julio Urenda, Olga Kosheleva, Vladik Kreinovich

Departmental Technical Reports (CS)

In many practical situations, we only know the interval containing the quantity of interest, we have no information about the probability of different values within this interval. In contrast to the cases when we know the distributions and can thus use Monte-Carlo simulations, processing such interval uncertainty is difficult -- crudely speaking, because we need to try all possible distributions on this interval. Sometimes, the problem can be simplified: namely, it is possible to select a single distribution (or a small family of distributions) whose analysis provides a good understanding of the situation. The most known case is when we …

Fuzzy Semi-S-Irresolute Continuous Mappings In Šostak’S Fuzzy Topological Spaces, B. Vijayalakshmi, J. Praba, M. Saraswathi, A. Vadivel

Applications and Applied Mathematics: An International Journal (AAM)

In this paper, the concepts of fuzzy semi-S-irresolute open map, fuzzy semi-S-irresolute closed map and fuzzy semi-S-irresolute homeomorphism to the fuzzy topological spaces in Šostak’s sense are introduced and studied. Some of their characteristic properties are considered. Also a comparison between these new types of functions are established by giving examples.

Of Water Jars And Women: A Re-Evaluation Of Fountain House Imagery On Late Archaic Black-Figure Hydriai, Christopher Askew

School of Art, Art History, and Design: Theses and Student Creative Work

From approximately 530 to 500 BCE, images of fountain houses became popular subjects on black-figure hydriai produced in or around ancient Athens. These scenes often involve groups of unidentified women gathering around a fountain spout, typically attached to an ornate architectural structure, in order to fill their water jars. Although isolated pottery sherds depicting these scenes have been discovered in Greece, approximately seventy-five of these scenes have been identified on Attic hydriai depicting such scenes were discovered in Etruscan tombs. Past scholarship has categorized these images either as genre scenes, which represent a domestic activity characteristic of everyday life, or …