Digital Commons Network^™

Privacy's Constitutional Moment And The Limits Of Data Protection, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy law. But now both California and the European Union have forced Congress’s hand by passing the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These data protection frameworks, structured around principles for Fair Information Processing called the “FIPs,” have industry and privacy advocates alike clamoring for a “U.S. GDPR.” States seemed poised to blanket the country with FIP-based laws if Congress fails to act. The United States is thus in the midst …

Criminal Law In Crisis, Benjamin Levin

Scholarship@WashULaw

In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …

Manipulating Opportunity, Pauline Kim

Scholarship@WashULaw

Concerns about online manipulation have centered on fears about undermining the autonomy of consumers and citizens. What has been overlooked is the risk that the same techniques of personalizing information online can also threaten equality. When predictive algorithms are used to allocate information about opportunities like employment, housing, and credit, they can reproduce past patterns of discrimination and exclusion in these markets. This Article explores these issues by focusing on the labor market, which is increasingly dominated by tech intermediaries. These platforms rely on predictive algorithms to distribute information about job openings, match job seekers with hiring firms, or recruit …

The Future Of Space Governance, Melissa (M.J.) Durkee

Scholarship@WashULaw

Fifty years after the first moonwalk, the prospect for a new set of multilateral agreements governing outer space is remote, yet the legal questions raised by activity in space are mounting. With little prospect of new treaties, nations will need to make do with existing treaty law, generate customary rules to govern new applications, or develop forms of sub-legal understanding and cooperation. This special conference issue of the Georgia Journal of International and Comparative Law addresses these questions.

A Study Of The Relationship Between Menu Terminology And Political Identity, Darryl Mickler

Dissertations from the Executive Doctorate in Business Administration Program

Food consumption and the choices made in restaurants are not matters of simple utility. As research and industry practice has revealed, consumer choices may be influenced by any number of factors. Not least of these is the menu. While individual restaurants will research their menu strategies, such research is necessarily proprietary. This dissertation seeks to deepen the understanding of the influence of menu verbiage and add to the body of academic knowledge of the influence of the menu on consumers. Additionally, while academic research has assessed the influence of social identity on consumer's purchase intention in many industries, this has …

Random Sequence Perception Amongst Finance And Accounting Personnel: Can We Measure Illusion Of Control, A Type I Error, Or Illusion Of Chaos, A Type Ii Error?, Keith I. Taylor

Dissertations from the Executive Doctorate in Business Administration Program

The purpose of this dissertation was to determine if finance and accounting personnel could distinguish between random and non-random time-series strings and to determine what types of errors they would make. These individuals averaging 13 years of experience were unable to distinguish non-random patterns from random strings in an assessment composed of statistical process control (SPC) charts. Respondents scored no better than guessing which was also assessed with a series of true-false questions. Neither over-alternation (oscillation) nor under-alternation (trend) strategies were able to predict type I or type II error rates, i.e. illusion of control or illusion of chaos. Latent …

The Influence Of Baby Boomers’ Perceptions Of Well-Being On Their Preference In Post-Retirement Residential Alternatives As Moderated By Their Affinity For Technology, Eric J. Emerson

Dissertations from the Executive Doctorate in Business Administration Program

This study was premised on the idea that baby boomers, like anyone else, desire to maximize their well-being. That is, they seek situations that provide positive emotion, engagement, relationships, meaning and accomplishment (PERMA) which determine their personal appraisal of well-being based on both objective and subjective measures.

Thus, the purpose of the research was to identify the most important PERMA elements of well-being that the baby boomer cohort who have decided to retire but have not yet done so (i.e., pre-retirees), seek in their preference in post-retirement residence. Moreover, this study investigates the degree to which this group sees that …

The Influence Of Prior Military Service In Biasing Employee Selection, Cristina Rosario Dipietropolo

Dissertations from the Executive Doctorate in Business Administration Program

This study is aimed at investigating the relationship between conscious, social, and unconscious biases and the employment offer decision to add a new understanding of interviewer bias for or against military veterans by assessing the degree to which military service experience influences hiring managers’ selection decisions in U.S. organizations. The importance of this study is to add new practical and theoretical understanding to interviewer bias for this segment of the population. An experimental study was utilized for this research, which included a scenario-based experiment to investigate how different treatments, curriculum vitae (CV), influenced hiring managers’ employment offer outcomes. Specifically, this …

Gut Microbiota Composition Is Correlated To Host Hummingbird Protein Requirements, Ryan C. Stanton , '20

Senior Theses, Projects, and Awards

The gut microbiome shapes and is shaped by a host animal’s physiology. Avian taxa hold physiological characteristics unique from mammals and might inform novel pressures experienced by microbial communities. Further, the symbionts’ relative abundance and their abilities to adapt to available resources are of critical importance to a holobiont’s fitness in rapidly changing climates. Therefore, wild populations of hummingbirds Selasphorus rufus and Calypte anna were studied. The two systems differ in S. rufus’s annual migrations from wintering grounds to their breeding grounds in the Pacific Northwest, whereas C. anna are resident in the latter region. Previous findings have indicated …

Welcome To Cordell Perspectives, Neil M. Richards, Jonathan W. Heusel

Scholarship@WashULaw

The world around us is changing. Let’s talk about it together. Introducing a series of articles and opinions by the world’s leading experts concerning COVID-19 as it relates to precision medicine and data privacy: Welcome to Cordell Perspectives.

Gender Bias As The Norm In The Legal Profession: It's Still A [White] Man's Game, Kimberly Jade Norwood

Scholarship@WashULaw

Women consistently represent over fifty percent of entering law school classes, and one-third of all lawyers in the United States. As more women go to law school and practice as attorneys, two major impediments prevent women from climbing hierarchical ladders in the legal profession. This article examines gender and racially gendered bias in the legal profession, including law schools. It argues that until the existing structure is dismantled, women will continue to face gender and racially gendered bias in the legal profession.

Taming The Prince: Bringing Presidential Emergency Powers Under Law In Colombia, Andrea Scoseria Katz

Scholarship@WashULaw

Can courts check presidential power exercised in a crisis — and should they? The case of Colombia, which recently turned on its head a history of presidential overreach and judicial rubber-stamping, provides an answer in the affirmative. As in much of Latin America, throughout Colombia’s post-independence history, bloodshed fueled authoritarian tendencies, with presidents exploiting the need for “order” to centralize power. One critical weapon in the presidential toolkit was the power to declare a state of emergency. During the twentieth century, these decrees became a routine pretext for the President to govern unilaterally, acquiesced to by the legislature and rarely …

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz

Scholarship@WashULaw

As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.

Companies As Commodities, Danielle D'Onfro

Scholarship@WashULaw

Like copper, corn, or crude oil, companies increasingly trade like commodities. Some investors — certain holders of debt, activist shareholders, and controlling shareholders, especially private equity funds — are focused solely on returns. In practice, this means that they care about the fate of the companies in which they invest no more than they care about the fate of any tonne of copper, bushel of corn, or oil barrel they happen to trade. These investors are so immune to reputational concerns that they will even prefer that the companies in which they invest fail if failure maximizes their return on …

Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton

Scholarship@WashULaw

This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.

Teaching With Feminist Judgments: A Global Conversation, Susan Frelich Appleton, Gabrielle J. Appleby, Ross Astoria, Linda L. Berger, Bridget J. Crawford, Sharon Cowan, Rosalind Dixon, Troy Lavers, Andrea L. Mcardle, Elisabeth Mcdonald, Teri A. Mcmurtry-Chubb, Vanessa Munro, Kathryn M. Stanchi, Pam Wilkins

Scholarship@WashULaw

This conversational-style essay is an exchange among fourteen professors — representing thirteen universities across five countries — with experience teaching with feminist judgments. Feminist judgments are “shadow” court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.

This essay begins to explore …

Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton

Scholarship@WashULaw

Appearing as part of the WASHINGTON UNIVERSITY JOURNAL OF LAW and POLICY’s celebration of the sesquicentennial of the first women law students, this brief review critically examines FIRST: SANDRA DAY O’CONNOR, a biography by Evan Thomas. The review follows two themes highlighted by the book, intimacy and gender, and finds the author's treatment of the latter especially problematic. (A shorter version of the review appeared under the title How One Glass Ceiling Was Broken, COMMON READER (Nov. 20, 2019).

When Speech Is Your Stock In Trade: What Kennedy V. Bremerton School District Reveals About The Future Of Employee Speech And Religion Jurisprudence, Dr. Brett Geier, Ann E. Blankenship-Knox

Campbell Law Review

Coaches play an important role in establishing a nondiscriminatory environment in public-school athletics, both on and off the field. In addition to the duties associated with training a team for athletic competition, coaches, like teachers, are hired to communicate with players and spectators both verbally and demonstratively. Coaches are expected to not only teach sports techniques, but also teach character, leadership, sportsmanship, and other positive character traits. In Kennedy v. Bremerton School District, courts from the district level to the Supreme Court have considered how Coach Joe Kennedy's role as a coach factored into his right to pray on the …

Protecting Personal Data: A Survey Of Consumer Protections Throughout North Carolina's Identity Theft Protection Act, James H. Ferguson Iii

Campbell Law Review

"Data is the pollution problem of the information age, and protecting privacy is the environmental challenge."

You trade it every day. In a technologically-evolved world, our personal data has become a form of currency in the digital marketplace. Who is responsible for protecting that data? What happens when it is compromised? This Comment conducts a descriptive assessment of North Carolina's data breach notification law, exploring the legislative history of the Identity Theft Protection Act and comparing the consumer protections found therein to those offered in other states' statutory schemes. Additionally, this Comment evaluates the extent to which a statutorily required …

Who Is Going To Protect The Lgbtq Community From Discrimination - Congress Or The Courts?, Kelsey Dorton

Campbell Law Review

Title VII of the Civil Rights Act of 1964 is supposed to provide equal employment opportunities to all citizens of the United States. However, LGBTQ individuals face discrimination every day in the workplace, and based on the current state of the law, it is unclear whether discrimination based on an individual's "sexual orientation" or "gender identity" is covered under "sex" in Title VII. This Article explores the term "sex" and its various interpretations by Congress, the courts, and the various states. Further, this Article explains why it is up to Congress, if the Supreme Court of the United States reverses …

When Market Forces Fail: The Case For Federal Regulation Of Insulin Prices, Erin M. Barker

Campbell Law Review

Rising insulin prices entail rising economic and social costs that are shouldered by all Americans. While three insulin manufacturers cling to their control of the insulin market, consumers are unable to exercise meaningful choices between competitors to drive prices down. When market forces fail, the solution is federal regulation of the insulin market. The failure of typical forces like competition in this market necessitates federal regulation to curb the monopolistic powers of insulin manufacturers. This Comment explores the history and importance of insulin and the current ramifications of exorbitant insulin prices. This Comment then examines different categories of economic regulation …

How Do The Lives Of Participants In A Housing Mobility Program Change After They Move? A Case Study Of The Mobility Connection Program, Jenna Hampton Bsw, Stephen J. Roll Phd, Michal Grinstein-Weiss Phd

Social Policy Institute Research

SPI Research Brief No. 20-01. This brief outlines the results of an assessment of Mobility Connection, a housing mobility program in St. Louis, Missouri. Mobility Connection is administered through Ascend STL and this assessment was conducted in partnership with the Social Policy Institute at Washington University in St. Louis. Our research focused on answering the following questions: How do Mobility Connection participants report their lives changing since moving to a High Opportunity Area? How do participants feel about the quality of the Mobility Connection program? To answer these questions, researchers administered a novel survey to 20 Mobility Connection participants who …

Panel: Are Students Our Customers? Perils And Pitfalls Of Students As Customers, Michael Latta, David J. Burns, Michael Mccall, Ismet Anitsal, Melek Meral Anitsal

AMTP Proceedings 2020

Customer service has been a part of marketing for years. A common definition is: “Customer service is the act of taking care of the customer's needs by providing and delivering professional, helpful, high quality service and assistance before, during, and after the customer's requirements are met.” This approach has been main streamed in higher education by Neal Raisman in his four books on the subject. This panel will present and discuss the perils and pitfalls of this approach in higher education along with a summary of an informal survey of marketing Professors.

Are Eco-Friendly Cars More Favorable? An Exploratory Study Of Attitude Toward Eco-Friendliness Among Multiethnic Consumers In The U.S., Meng Tian, Sindy Chapa, Michael Walsh, Nicholas Kjaerholt, Ailin Xia

AMTP Proceedings 2020

Between technological developments in the car industry and increasing interest in eco friendly products among consumers, eco-friendly cars are gradually entering consumers' sights. This study examines the factors that influence consumers’ attitudes toward the adoption of eco-friendly cars. This study conducted an online survey with a sample (N = 3,191) collected through a national panel (Dynata). The results demonstrate that consumers’ concern about environmental sustainability and attitude towards environmentally friendly products impact consumers’ attitudes toward eco-friendly cars. It was also found that consumer’s level of collectivism positively influence their attitude toward environmentally friendly products. Further, the results showed consumers’ attitudes …

Coastal Empire Economic Monitor, 1st Quarter, 2020, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

The Economic Monitor provides a continuously updated quarterly snapshot of the Savannah Metropolitan Statistical Area economy, including Bryan, Chatham, and Effingham counties in Georgia. The coincident index measures the current economic heartbeat of the region. The leading index is designed to provide a short-term forecast of the region's economic activity in the upcoming six to nine months.

Coastal Empire Economic Monitor, 2nd Quarter, 2020, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

The Economic Monitor provides a continuously updated quarterly snapshot of the Savannah Metropolitan Statistical Area economy, including Bryan, Chatham and Effingham counties in Georgia. The coincident index measures the current economic heartbeat of the region. The leading index is designed to provide a short-term forecast of the region’s economic activity in the upcoming six to nine months.

Coastal Empire Economic Monitor, 3rd Quarter, 2020, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

The Economic Monitor provides a continuously updated quarterly snapshot of the Savannah Metropolitan Statistical Area economy, including Bryan, Chatham and Effingham counties in Georgia. The coincident index measures the current economic heartbeat of the region. The leading index is designed to provide a short-term forecast of the region’s economic activity in the upcoming six to nine months.

A Spatially Distributed Investigation Of Stream Water Temperature In A Contemporary Mixed-Land-Use Watershed, Jason P. Horne

Graduate Theses, Dissertations, and Problem Reports (ETD)

Stream water temperature is an important physical variable that influences many biological and abiotic water quality processes. The land-use/land-cover (LULC) types and corresponding variability in stream water temperature (Tw) processes in contemporary mixed-land-use watersheds necessitate research to advance management and policy decisions. Water temperature was analyzed from 21 gauging sites using a nested-scale experimental watershed study design. Results showed that forested land use was significantly negatively correlated (α = 0.05) with mean and maximum Tw. Agricultural land use was significantly positively correlated (α = 0.05) with maximum Tw except during the spring season. Mixed development and Tw were significantly correlated …

Investigation Of Molecular Functions Of Zinc Finger Protein (Znf71) In Non- Small Cell Lung Cancer, Rehab O. Mohamed

Graduate Theses, Dissertations, and Problem Reports (ETD)

Non-small cell lung cancer (NSCLC) is the first cause of tumor-related death worldwide. Despite the advancement in surgical and medical treatment, the prognosis of the disease remains poor1. To date, there is no available molecular assay to predict the benefit of therapy or tumor recurrence 2. ZNF71 was reported in our previous study, which identified a 7-gene predictive signature for the clinical benefit of chemotherapy and prognosis in NSCLC2. The study concluded that patients who have higher ZNF71 protein expression have better survival. For this reason, we decided to study the molecular function of ZNF71 and how it may affect …

Wv Dental Hygienists' Knowledge And Educational Approach For Pregnant Women, Isabella Hope Mcdaniel

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Adverse pregnancy outcomes have become a concern for dental professionals caring for pregnant women with poor oral health. Pregnant women may not be aware of their increased risk of bacterial infections in their oral tissues and how it could relate to adverse pregnancy outcomes such as pre- term birth (PTB) and low birthweight babies (LBW). Dental healthcare professionals need to be well informed of risk related to poor oral health and have confidence to effectively educate pregnant women. PTB and LBW babies account for 1 million infant deaths annually. It is the responsibility of dental healthcare professionals to be …