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Blood At The Root: A Historiographical Commentary On Lynching In America

Jackson Purchase Historical Society Journal Archive

Blood at the Root: A Historiographical Commentary on Lynching in America

Brian K. Clardy

The Truth Is Not Always In Black Or White: Facts And Fictions Surrounding The David Walker Family Lynchings

Jackson Purchase Historical Society Journal Archive

The Truth Is Not Always in Black or White: Facts and Fictions Surrounding the David Walker Family Lynchings

Melinda Meador

History Of The Baptists In The Jackson Purchase: A Panel Discussion

Jackson Purchase Historical Society Journal Archive

History of the Baptists in the Jackson Purchase: A Panel Discussion

William H. Mulligan, Jr.

Book Reviews

Jackson Purchase Historical Society Journal Archive

Kaskaskia: The Lost Capital of Illinois by David MacDonald and Raine Waters

Richard Dwayne Parker

The Bank War and the Partisan Press: Newspapers, Financial Institutions, and the Post Office in Jacksonian America by Stephen W. Campbell

Berry Craig

Religion, Race, and the Making of Confederate Kentucky, 1830-1880 by Luke E. Harlow

George Humphreys

Shiloh: Conquer or Perish by Timothy Smith

John Ridge

Johnsonville: Union Supply Operations on the Tennessee River and the Battle of Johnsonville, November 4-5, 1864 by Jerry T. Wooten

Zachery Jameson

General Hylan B. Lyon: A Kentucky Confederate and the War in the West by Dan Lee …

Potential Number Of Tooth Losses In Clicking, Popping And Crepitation Of Temporomandibular Disorders (Tmd) In Elderly, Elfrida M. Agustina, Zahreni Hamzah, Zainul Cholid

Journal of Dentomaxillofacial Science

No abstract provided.

Do Overall Dimension Ratings From Assessment Centres Show External Construct-Related Validity, Andreja Wirz, Klaus G. Melchers, Martin Kleinmann, Filip Lievens, Hubert Annen, Urs Blum, Pia V. Ingold

Research Collection Lee Kong Chian School Of Business

There have been repeated calls for an external construct validation approach to advance our understanding of the construct-related validity of assessment centre dimension ratings beyond existing internal construct-related validity findings. Following an external construct validation approach, we examined whether linking assessment centre overall dimension ratings to ratings of the same dimensions that stem from sources external to the assessment centre provides evidence for construct-related validity of assessment centre ratings. We used data from one laboratory assessment centre sample and two field samples. External ratings of the same dimensions stemmed from assessees, assessees’ supervisors, and customers. Results converged across all three …

Doubled Up With Pain: Applying A Relational Framework To The Primary Care Provider - Chronic Pain Patient Relationship, Rebecca Hillel

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Treatment relationships between primary care providers (PCPs) and chronic pain patients are often rife with difficult interpersonal dynamics and experienced by both parties as being noncollaborative. It is important that PCPs are provided with recommendations to make these treatment relationships more collaborative. Relational psychological frameworks, such as intersubjectivity, can teach PCPs how to improve their relationships with chronic pain patients. This paper focuses on how to strengthen the working alliance between PCPs and chronic pain patients using intersubjective principles. Conceptualizing the working alliance from an intersubjective lens gives PCPs guidance about where to turn if their treatment relationships with chronic …

Historical Trends In Air Temperature, Precipitation, And Runoff Of A Plateau Inland River Watershed In North China, Along Zhang, Ruizhong Gao, Xixi Wang, Tingxi Liu, Lijing Fang

Civil & Environmental Engineering Faculty Publications

Understanding historical trends in temperature, precipitation, and runoff is important but incomplete for developing adaptive measures to climate change to sustain fragile ecosystems in cold and arid regions, including the Balagaer River watershed on the Mongolian Plateau of northeast China. The objective of this study was to detect such trends in this watershed from 1959 to 2017. The detection was accomplished using a Mann-Kendall sudden change approach at annual and seasonal time scales. The results indicated that the abrupt changes in temperature preceded that in either runoff or precipitation; these abrupt changes occurred between 1970 and 2004. Significant (α = …

2020-2021 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2020-2021 Graduate catalog for Morehead State University.

2020-2021 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2020-2021 undergraduate catalog for Morehead State University.

Secrecy & Evasion In Police Surveillance Technology, Jonathan Manes

Journal Articles

New technologies are transforming the capabilities of law enforcement. Police agencies now have devices to track our cellphones and software to hack our networks. They have tools to sift the vast quantities of digital silt we leave behind on the Internet. They can deploy “big data” algorithms meant to predict where crimes will occur and who will commit them. They have even transformed the humble closed-circuit video camera—and its more recent companion, the body camera—into biometric tracking devices equipped with artificial intelligence meant to pick faces out of a crowd and, eventually, to mine gigabytes of stored footage to automatically …

First Amendment “Harms”, Stephanie H. Barclay

Journal Articles

Refuting the unhelpful fixation on the mere presence of generic harm, this Article makes two important contributions, one descriptive and one normative. First, this Article carefully describes the nuanced ways that courts classify and weigh different types of harm, and it identifies three categories: (1) prohibited harms (meaning harms that are categorically impermissible); (2) probative harms (meaning relevant harms that can be balanced against other harms); and (3) inadmissible harms (meaning harms that are given no weight regardless of how severely or disproportionately they are experienced by third parties). This Article demonstrates how these categories of harm are not limited …

How To Approach Market Definition After Ohio V. American Express, Roger P. Alford

Journal Articles

Technological developments have introduced new methods of buying and selling goods and services. These advancements often times take the form of two-sided platforms. While these platforms increase overall social utility, they also present a host of challenges to antitrust enforcement. One such challenge is defining the appropriate market in cases involving actions that are not illegal per se. That task has been made more difficult with the Supreme Court’s recent decision in Ohio v. American Express Co. (“Amex”).2 Moving forward, one of the critical questions Amex presents is how to define the product market in the context of two-sided platforms.

The Judicial Reforms Of 1937, Barry Cushman

Journal Articles

The literature on reform of the federal courts in 1937 understandably focuses on the history and consequences of President Franklin D. Roosevelt’s ill-fated proposal to increase the membership of the Supreme Court. A series of decisions declaring various components of the New Deal unconstitutional had persuaded Roosevelt and some of his advisors that the best way out of the impasse was to enlarge the number of justiceships and to appoint to the new positions jurists who would be “dependable” supporters of the Administration’s program. Yet Roosevelt and congressional Democrats also were deeply troubled by what they perceived as judicial obstruction …

Reckoning With Adjudication's Exceptionalism Norm, Emily S. Bremer

Journal Articles

Unlike rulemaking and judicial review, administrative adjudication is governed by a norm of exceptionalism. Agencies rarely adjudicate according to the Administrative Procedure Act’s formal adjudication provisions, and the statute has little role in defining informal adjudication or specifying its minimum procedural requirements. Due process has almost nothing to say about the matter.

The result is that there are few uniform, cross-cutting procedural requirements in adjudication, and most hearings are conducted using procedures tailored for individual agencies or programs. This Article explores the benefits and costs of adjudication’s exceptionalism norm, an analysis that implicates the familiar tension between uniformity and specialization …

Damages For Privileged Harms, Stephen Yelderman

Journal Articles

The law often permits substantial harms without liability. Once liability is triggered, compensatory damages require a defendant to pay for the harm caused by his wrongful conduct. But there is significant theoretical and doctrinal ambiguity in how compensatory damages should account for the harm that the defendant could have caused without incurring liability in the first place. These harms are “privileged,” in the sense that the defendant would have been free to impose them in a counterfactual universe in which he complied with the substantive law. Having transgressed that law, he is now responsible for damages, but the question is …

Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell

Journal Articles

State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule …

Avoiding Judicial Discipline, Veronica Root Martinez

Journal Articles

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into judicial …

Forgotten Borrowers: Protecting Private Student Loan Borrowers Through State Law, Judith Fox

Journal Articles

Private student loan borrowers arguably have the fewest protections of any users of credit in the United States. In a scarcely debated amendment to federal bankruptcy law, in 2005 private student lenders gained the same protections against discharge previously afforded to federal student lenders. Yet, private student loan borrowers received none of the rights available to federal student loan borrowers. These include income-driven repayment, relief from repayment on disability, loan discharge for fraud or closed schools, and public service loan forgiveness. Private student loan borrowers thus have neither the bankruptcy protections afforded to non-student loan debtors nor the repayment and …

The Many-Minded Man: The Odyssey, Psychology, And The Therapy Of Epic, Joel Christensen

Publications and Research

In The Many-Minded Man, Joel Christensen explores the content, character, and structure of the Homeric Odyssey through a modern psychological lens, focusing on how the epic both represents the workings of the human mind and provides for its audiences—both ancient and modern—a therapeutic model for coping with the exigencies of chance and fate. By reading the Odyssey as an exploration of the constitutive elements of human identity, the function of narrative in defining the self, and the interaction between the individual and their social context, The Many-Minded Man addresses enduring questions about the poem, such as the importance of …

A No-Contest Discharge For Uncollectible Student Loans, Matthew Bruckner, Brook Gotberg, Dalie Jimenez, Chrystin Ondersma

University of Colorado Law Review

Over forty-four million Americans owe more than $1.6 trillion in student loan debt. This debt is nearly impossible to discharge in bankruptcy. Attempting to do so may require costly and contentious litigation with the Department of Education. And because the Department typically fights every case, even initial success can be followed by years of appeals. As a result, few student loan borrowers attempt to discharge their student loan debt in bankruptcy.

In this Article, we call on the Department of Education to develop a set of ten easily ascertainable and verifiable circumstances in which it will not contest a debtor's …

The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss

University of Colorado Law Review

"Sexting" is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic because the act of taking nude or semi-nude pictures of a minor technically constitutes child pornography under federal law, even when those pictures were self-portraits taken by the minor in question. This Comment argues that the prosecution of sexting under federal child pornography law constitutes the criminalization of adolescent exploration of sexuality and that states should adopt their own sexting-specific laws to address teenage sexting in a manner that respects …

Reevaluating Environmental Citizen Suits In Theory And Practice, David E. Adelman, Robert L. Glicksman

University of Colorado Law Review

Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from fifteen years of litigation under two prominent environmental statutes, we find little evidence that citizen suits effectively serve this role in practice. Instead, we find that limited resources and institutional barriers strictly limit the number of citizen suits filed annually against the federal government under two of the most litigated environmental statutes, the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). While our findings do not negate the …

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

University of Colorado Law Review

No abstract provided.

Table Of Contents (Vol. 91, Issue 3)

University of Colorado Law Review

No abstract provided.

National Injunctions: What Does The Future Hold?, Suzette Malveaux

University of Colorado Law Review

No abstract provided.

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

University of Colorado Law Review

No abstract provided.

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

University of Colorado Law Review

No abstract provided.

Solving The Pro Bono Mismatch, Atinuke O. Adediran

University of Colorado Law Review

The pro bono interests of law firm lawyers tend to differ from the actual legal needs of the poor. This difference results in the mismatch problem or the incongruence between the interests of firm lawyers and the needs of the poor. Today, the mismatch problem has resulted in law firm lawyers' increased demand of immigration matters while legal needs are greatest in housing and family law. This leaves nonprofit legal services organizations scrambling to find pro bono representation for poor clients or otherwise relying on very limited resources to represent poor clients.

The literature on the mismatch problem is lacking …

Short History Of The Choice-Of-Law Clause, John F. Coyle

University of Colorado Law Review

In the field of conflict of laws, private actors are generally granted the power to choose the law to govern their contracts. This is the doctrine of party autonomy. In recent years, this doctrine has been the subject of several excellent histories that draw upon judicial opinions, scholarly writings, and legislative enactments to chronicle changing attitudes toward party autonomy over time. A moment's reflection, however, reveals that judges, scholars, and legislatures are not the most important actors in this story. The true protagonists are the contracting parties who write choice-of-law clauses into their agreements, without which there would be no …