Digital Commons Network^™

What Is The Status Of The Lee’S Lane Landfill Superfund Site?, Jordan Lynch, Stacey Konkle, Jamar Wheeler, Katlyn Mcgraw, Lauren Heberle

Faculty and Staff Scholarship

The Lee’s Lane Landfill is located in western Louisville, KY along the Ohio River (Fig. 1) [1]. The site was used as a quarry in the 1940s before being repurposed as a landfill from 1948 to 1975 (Fig. 2). At least 212,400 tons of municipal and industrial waste were disposed of in the landfill during this period. In 1980, the Kentucky Department of Hazardous Materials and Waste Management discovered approximately 400 drums of hazardous waste within the landfill; these drums were removed by the landfill owners in the fall of 1981, but the remaining drums of non-hazardous material, as well …

Making Sense Of Customary International Law, Monica Hakimi

Faculty Scholarship

This Article addresses a longstanding puzzle about customary international law (CIL): How can it be, at once, so central to the practice of international law — routinely invoked and applied in a broad range of settings — and the source of such persistent confusion and derision? The centrality of CIL suggests that, for the many people who use it, it is not only comprehensible but worthwhile. They presumably use it for a reason. But then, what accounts for all the muddle and disdain?

The Article argues that the problem lies less in the everyday operation of CIL than in the …

The End Of Antitrust History Revisited, Lina M. Khan

Faculty Scholarship

This Review engages Tim Wu’s book, The Curse of Bigness, to explain the significance of the current rupture in antitrust and to situate it within a broader intellectual trajectory. Debates over the foundational purpose of antitrust are not new, and examining how this latest clash fits alongside previous contestations is essential for understanding what has yielded the current contestability and assessing the competing visions.

Part I of this Review summarizes Wu’s chief contributions in his recent work, focusing on three tenets that form the basis of the book. Part II offers an analytic breakdown of the overhaul in antitrust …

Holmes's Understanding Of His Clear-And-Present-Danger Test: Why Exactly Did He Require Imminence?, Vincent A. Blasi

Faculty Scholarship

For all the suggestiveness and staying power of his market-in-ideas metaphor, Justice Oliver Wendell Holmes’s most significant influence on First Amendment law has turned out to be his notion that only imminent harm can justify punishment for expressions of opinion. This emphasis on the time dimension in the calculus of harm is now entrenched in modern doctrine. It is easy to imagine how First Amendment law might have developed differently had Holmes’s peculiar focus on imminence not been a factor in shaping how the freedom of speech has come to be understood in the United States.

On Trust, Law, And Expecting The Worst, Elizabeth F. Emens

Faculty Scholarship

This Review has three parts. Part I aims to convey something of the breadth and interest of Hasday’s fascinating new book, foregrounding the role of gender and beginning to touch the subject of trust. Part II delves briefly but widely into the theme of trust, which pervades the book and invites further examination. Part III presents a framework that combines affective trust and epistemic curiosity and applies this framework to illuminate and sort Hasday’s proposals for reform; to critique a recent, dramatic change in the evidentiary treatment of marital confidences; and to devise a novel approach to prenuptial agreements. Throughout, …

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

Beholding Law: Amadeo On The Argentine Constitution, Christina D. Ponsa-Kraus, Erin F. Delaney

Faculty Scholarship

This essay introduces an online edition of Santos P. Amadeo’s Argentine Constitutional Law to be published by the Academia Puertorriqueña de Jurisprudencia y Legislación. Tracing the book to its origins in a paper Amadeo wrote for a seminar in comparative constitutional law at Columbia Law School in the 1930s, we discuss the intellectual context that gave rise to the book and assess its author’s methodological choices. We then examine one particular substantive choice: Whereas the paper specifically draws attention to the importance of understanding every form of political subdivision in a federalist system – identifying Argentina’s as the provinces, the …

Legitimate Interpretation – Or Legitimate Adjudication?, Thomas W. Merrill

Faculty Scholarship

Current debate about the legitimacy of lawmaking by courts focuses on what constitutes legitimate interpretation. The debate has reached an impasse in that originalism and textualism appear to have the stronger case as a matter of theory while living constitutionalism and dynamic interpretation provide much account of actual practice. This Article argues that if we refocus the debate by asking what constitutes legitimate adjudication, as determined by the social practice of the parties and their lawyers who take part in adjudication, it is possible to develop an account of legitimacy that produces a much better fit between theory and practice. …

Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg

Faculty Scholarship

This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment – from the individual-level and interpersonal to those rooted in society at large. Most of these are out of reach for an employer but workplace culture stands out as a significant arena where employers have influence on whether harassment and other discriminatory behaviors are likely to thrive. Yet employers typically make choices in this area with attention to …

Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele

Faculty Scholarship

Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal order; and to suggest a partial remedy.

Sense Of Community Responsibility At The Forefront Of Crisis Management, Eric C. Martin, Neil Boyd

Faculty Journal Articles

The COVID-19 pandemic has made it clear that a sense of community responsibility is crucial to mitigate the effects of viral spread. Many citizens across the world have heeded the call to isolate and self-distance, yet large numbers of individuals do not seem to understand their responsibility for others. This article explores how a sense of community responsibility is born in community contexts, how various features of a crisis impact community responsibility, and how public administration plays a crucial role in facilitating mitigation and solutions to crisis. The article also explores the utility of the Community Experience Model in crisis …

The Influence Of Self-Perceptions Of Attractiveness On Substance Use: Sex Differences In Predictors Of Alcohol Consumption In College Students, Ali Brenman, T. Joel Wade

Faculty Journal Articles

Prior research demonstrates the negative relationship between self-esteem and alcohol use (Emery, 1993; Page, 1995; Winter, 2017), and prior research demonstrates how self-perceptions of attractiveness are fundamentally important (Barkow 1978; Wade, 2000, 2003). However, there is a paucity of research regarding exactly how self-perceptions of attractiveness, and mate value, which are related to self-esteem (Wade, Thompson, Tashakkori, Thompson, & Valente 1989; Tashakkori, Thompson, Wade, & Valente, 1990; Wade, 2000, 2003), influence alcohol consumption habits in college men and women. Using undergraduates, (66.4% female, 83.4% Caucasian), the present study examined how self-perceived attractiveness, self-esteem, mate value, sociosexuality, and sex of participant …

“It’S A Lot To Take In” - Undergraduate Experiences With Assigned Reading, Maura A. Smale

Publications and Research

No abstract provided.

On The Permissibility Of Homicidal Violence: Perspectives From Former U.S. White Supremacists, Steven Windisch, Peter Simi, Kathleen M. Blee, Matthew Demichele

Sociology Faculty Articles and Research

Drawing upon in-depth life-history interviews with 91 North American-based former white supremacists, we examine how participants perceive homicidal violence as either an appropriate or inappropriate political strategy. Based on the current findings, participants considered homicidal violence as largely inappropriate due to moral concerns and its politically ineffective nature but also discussed how homicidal violence could be an appropriate defensive measure in RAHOWA (Racial Holy War) or through divine mandate. Capturing how white supremacists frame the permissibility of homicidal violence is a step toward better understanding the “upper limit” or thresholds for violence among members who are trying to construct and …

“By Study And Also By Faith”, J Gordon Daines Iii

BYU Studies

At their inception, universities were places where all branches of learning—both the sacred and the secular—were studied. At the great medieval universities, for instance, faith and academic excellence were intertwined,¹ and this strong connection continued in the universities of the New World. Most American research universities began as religiously affiliated colleges whose missions were to develop Christian character and foster faith in order to prepare men for the ministry or work in the government.² But, beginning in the late nineteenth century and continuing over the course of the twentieth century, the vast majority of these research universities abandoned …

Full Issue

BYU Studies

No abstract provided.

Insights From The Inclusive Environments And Metrics In Biology Education And Research Network: Our Experience Organizing Inclusive Biology Education Research Events, Rebecca A. Campbell-Montalvo, Natalia Caporale, Gary S. Mcdowell, Candice Idlebird, Katie M. Wiens, Kimberly M. Jackson, Jana D. Marcette, Michael E. Moore

Department of Biochemistry: Faculty Publications

In contrast to efforts focusing on improving inclusion in STEM classrooms from kindergarten through un-dergraduate (K–16), efforts to improve inclusion in scientific meetings and conferences, important hubs of STEM culture, are more recent. Markers of inclusion that are sometimes overlooked at these events can include the composition of panels, how workshops are run, the affordability of conferences, and various other mechanisms that maintain pre-existing hierarchies and norms that limit the participation of early-career researchers and individuals of minoritized cultural, linguistic, and economic backgrounds. The Inclusive Environments and Metrics in Biology Education and Research (iEMBER) network coordinates efforts of researchers from …

Movements, Moments, And The Eroding Antitrust Consensus, Michael Wolfe

Fordham Intellectual Property, Media and Entertainment Law Journal

Timothy Wu, The Curse of Bigness: Antitrust in the New Gilded Age (Columbia Global Reports, 2018). $14.99.

Timothy Wu’s book, The Curse of Bigness, offers a brief history on and critical perspective of antitrust law’s development over the last century, calling for a return to a Brandeisian approach to the law. In this review-essay, I use Wu’s text as a starting point to explore antitrust law’s current political moment. Tracing the dynamics at play in this debate and Wu’s role in it, I note areas underexplored in Wu’s text regarding the interplay of antitrust law with other forms of …

Otterbein Towers Fall /Winter 2020, Otterbein Towers

Towers Magazine

No abstract provided.

Western Michigan University Magazine, Fall/Winter 2019-2020, Western Michigan University

Western Michigan University Magazine (1997-present)

• University News
• Finding Common Ground
• WMU-A Place to Become
• Protecting Pedestrians
• A Pioneer of Pride
• Driving Driverless Technology
• Learning and Leading
• Bridging Barriers
• From Heartbreak to Hope
• Expert Insights
• Alumni Profile
• Classnotes
• In Print
• In Memoriam

Black Or White: Alabama Leaders' Responses To Protests Following The George Floyd Murder, Kathryn Carroll

Summer Community of Scholars Posters (RCEU and HCR Combined Programs)

No abstract provided.

Global Injury Morbidity And Mortality From 1990 To 2017: Results From The Global Burden Of Disease Study 2017, Spencer L. James, Chris D. Castle, Zachary V. Dingels, Jack T. Fox

Open Access archive

Background Past research in population health trends has shown that injuries form a substantial burden of population health loss. Regular updates to injury burden assessments are critical. We report Global Burden of Disease (GBD) 2017 Study estimates on morbidity and mortality for all injuries. methods We reviewed results for injuries from the GBD 2017 study. GBD 2017 measured injury-specific mortality and years of life lost (YLLs) using the Cause of Death Ensemble model. To measure non-fatal injuries, GBD 2017 modelled injury-specific incidence and converted this to prevalence and years lived with disability (YLDs). YLLs and YLDs were summed to calculate …

The Rong Ngeng Of The Andaman Coast : History, Ecology, And The Preservation Of A Traditional Performing Art, Lawrence Ross

Manusya, Journal of Humanities

This article examines recent grassroots strategies for preserving traditional performing arts along southern Thailand’s Andaman Sea Coast, focusing on rong ngeng, an idiomatic form of social dance and music, widely popular there in the post-World War Two years. Between 1935 and 1960 a small, mixed cohort of rural performing artists created networks of communities, scattered on Thai-Andaman, with a distinctive regional culture based in the shared repertoire of songs and dances they adapted, created an innovative lyrical style called phleng tanyong (Tanyong song), and a star system that turned village performers into local celebrities (Ross 2017, 68). More than …

Designing A Student Exchange Program: Facilitating Interdisciplinary, Mathematics-Focused Collaboration Among College Students, Bryan D. Poole, Linden Turner, Caroline Maher-Boulis

Journal of Mathematics and Science: Collaborative Explorations

Interdisciplinary collaboration is necessary for students’ professional preparation (Laird et al., 2014; Repko, 2014) and may promote effective learning transfer of course content. Such collaborations have resulted in enhanced problem-solving skills and conceptual understanding of statistics content (Dierker et al., 2012; Everett, 2016; Hammersley et al., 2019; Woodzicka et al., 2015). As a result of ongoing collaborations between faculty members in different disciplines and at different universities, we created a “Student Exchange Program” to encourage interdisciplinary collaboration between undergraduate students in mathematics and social sciences. In the current paper, we describe past research that informed the design of this program, …

Teaching With Feminist Judgments: A Global Conversation, Pamela A. Wilkins

Articles

The very idea of re-imagining and rewriting judicial opinions from a feminist perspective arises from the sense that the original judicial opinions did not "do justice" in either process or outcome. Nearly a dozen feminist judgments projects around the world have addressed this sense of injustice by demonstrating how a judgment's reasoning or result (or both) would have been different if the decision makers had applied feminist perspectives, theories,and methods. Using the resulting re-imagined feminist judgments in the classroom can help students in a myriad of ways, but especially in developing their own roles in addressing what they perceive to …

Climate Translators: The Impacts Of Broadcast News On The Political Divide Over Climate Change In The United States, Dylan V. Macy

Pitzer Senior Theses

In many instances, television news is the primary outlet through which the public gains knowledge on climate change. Both the perceived threat of climate change and American news media have grown politically divided since the 1980s. I make the argument that American news media influences the partisan divide over climate change. In addition to the political landscape of news media, focus on political events and figures in climate coverage further contributes to a partisan divide. Supporting these claims are research displaying how climate change news is processed in a partisan manner and a selection of three case study periods in …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Visualizing Girlhood: Visibility And The Power Of The Black Girl Gaze To Understand Adolescent Girls’ Identity, Darielle Blevins

CGU Theses & Dissertations

Black feminist scholars have highlighted the various ways Black women and girls are rendered invisible throughout many U.S. institutions. In the past few years, advocates have called attention to the ways gendered-racialized biases contribute to the punitive and dehumanizing treatment of Black girls in school. This study will demonstrate how Black adolescent girls negotiate their identity at school through the creation of self-portraits. By using dual self-portraits, in which girls are able to express their own perspective and imagine the perspective of their teacher, Black adolescent girls are allowed the space to explore the relationship between power, culture and their …

Modeling The Effects Of Density Dependent Emigration, Weak Allee Effects, And Matrix Hostility On Patch-Level Population Persistence, James T. Cronin, Nalin Fonseka, Jerome Goddard, Jackson Leonard, Ratnasingham Shivaji

Faculty Publications

© 2020 the Author(s), licensee AIMS Press. This is an open access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0) The relationship between conspecific density and the probability of emigrating from a patch can play an essential role in determining the population-dynamic consequences of an Allee effect. In this paper, we model a population that inside a patch is diffusing and growing according to a weak Allee effect per-capita growth rate, but the emigration probability is dependent on conspecific density. The habitat patch is one-dimensional and is surrounded by a tuneable hostile matrix. We consider five …

Front Cover

The Bridge

No abstract provided.