Digital Commons Network^™

The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani

Scholarly Works

Relative to other countries in the world and in Central America, the Guatemalan Constitution and the federal education law include a robust and detailed right to education. However, literacy rates and secondary educational attainment, particularly for Indigenous people and young women living in rural communities, remain low. The COVID-19 pandemic has only exacerbated disparities. Once children return to schools after the pandemic, the gaps will be even larger. Lawyers can play a critical role in making the strong Constitutional right to education more meaningful.

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Scholarly Works

In the wake of George Floyd's murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread "security" measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective-and constitutionally compliant-alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …

Resilience In Cancer Patients, Lori A. Gardner

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The phenomenon of resilience has long been identified as a key talking point within the realm of overall mental health, but the concept’s specific meaning, qualities, and sources remain somewhat elusive. For those with chronic health conditions, resilience is often identified as essential to coping effectively with significant disruptions to daily activities. The purpose of this study was to better understand the concept of resilience and to determine themes that underlie resilience, specifically within a cancer patient population. This goal was addressed by using a qualitative approach to elicit commonalities among the experiences of cancer patients representing varying types and …

Valuation As A Challenge For Tax Administration, Leandra Lederman

Articles by Maurer Faculty

Valuation issues have long posed challenges for the U.S. federal tax system. This is not just because of questions about what technique will most accurately value particular types of property. A key problem for tax administration is that taxpayers have a financial incentive to claim erroneous, self-serving valuations. This Essay analyzes tax valuation through this tax compliance lens. In so doing, it highlights the importance that third parties to the taxpayer-government relationship act at arm’s length from the taxpayer. It also explains why penalties are insufficient to deter erroneous self-reported valuations. The Essay also draws on the tax compliance perspective …

Judicial Independence At Twilight, Charles G. Geyh

Articles by Maurer Faculty

Judicial independence is a fixture of American government, but its structure has never been fully understood. As long as the federal judiciary has survived episodic attacks with its independence intact, there has been no pressing need to know how or why. But a confluence of cyclical, sustained, and sudden developments now threatens the federal judiciary’s autonomy in arguably unprecedented ways and demands a more comprehensive analysis of judicial independence and its vulnerabilities. This article begins by reconceptualizing the structure of judicial independence in three tiers. At the apex is an ancient, Rule of Law Paradigm, which proceeds from the premise …

Tangibility As Technology, João Marinotti

Articles by Maurer Faculty

Property law has traditionally relied on tangible boundaries to delineate legal thinghood and to inform the bounds of in rem rights and duties. Unfortunately, property doctrines have fossilized around tangibility, causing fragmentation in the legal treatment of digital assets. In the United States, for example, cryptocurrencies and non-fungible tokens (NFTs) may simultaneously be classified as commodities, securities, currencies, assets, or not property at all, depending on the jurisdiction, domain, or specific asset in question. This fragmented system of overlapping legal treatments increases the information cost of using digital assets, decreases efficiency, and ultimately hinders future innovation.

In this Article, I …

Entertainment-Education Behind The Scenes: Case Studies For Theory And Practice, Lauren B. Frank, Paul Falzone

Communication Faculty Publications and Presentations

This Open Access book tracks the latest trends in the theory, research, and practice of entertainment-education, the field of communication that incorporates social change messaging into entertaining media. Sometimes called edutainment, social impact television, narrative persuasion, or cultural strategy, this approach to social and behavior change communication offers new opportunities including transmedia and digital formats. However, making media can be a chaotic process. The realities of working in the field and the rigid structures of scholarly evaluation often act as barriers to honest accounts of entertainment-education practice. In this collection of essays, experienced practitioners offer unique insight into how entertainment-education …

What Is The Meaning Of "Plain Meaning", Jeffrey W. Stempel

Scholarly Works

The American approach to construing texts (statutes, regulations, contracts and documents generally) stresses decision through determining the “plain meaning” of the document based on the court’s reading of the text. Where the court finds plain meaning on the face of text, it generally refuses to consider additional contextual information or extrinsic evidence of meaning.

Notwithstanding its status as the dominant approach to interpretation, the plain meaning concept has not been well defined or operationalized. Despite judicial confidence in the plain meaning approach, courts have wisely been willing to sidestep it and eschew the rather clear facial meaning of text when …

The Public Trust Doctrine And The Climate Crisis: Panacea Or Platitude?, Joseph Regalia

Scholarly Works

Over a year of shutting down the global economy during the COVID pandemic achieved about .01 degrees of improvement in global warming. Not even a drop in the bucket. We continue to face a monumental climate crisis. And of the many ways that crisis threatens our environment, winnowing water resources is one of the scariest. One solution that many scholars have turned to is the public trust doctrine. At first blush, this doctrine sounds like a panacea for water management problems: When our water resources are threatened enough that current and future citizen’s access to it is in peril, the …

Our Imperial Federal Courts, Matthew Steilen

Vanderbilt Law Review

No abstract provided.

"Laboratories Of Jurisprudence?: The Role Of State Supreme Courts In A Federal System", Jonathan Papik

Vanderbilt Law Review

No abstract provided.

Rationalizing A Spousal Confidential Communications Privilege Fit For The Twenty-First Century, Emily Crawford Sheffield

Vanderbilt Law Review

No abstract provided.

Arthur Cravan, Mary Ann Caws

Publications and Research

Mina Loy's great love of her life was the many-faceted Arthur Cravan, about whom this chapter revolves: poet, boxer, many of many trades - bigger than life, with a mysterious death.

The Uncanny Swipe Drive: The Return Of A Racist Mode Of Algorithmic Thought On Dating Apps, Gregory Narr

Publications and Research

As algorithmic media amplify longstanding social oppression, they also seek to colonize every last bit of sociality where that oppression could be resisted. Swipe apps constitute prototypical examples of this dynamic. By employing protocols that foster absent-minded engagement, they allow unconscious racial preferences to be expressed without troubling users’ perceptions of themselves as non-racist. These preferences are then measured by recommender systems that treat “attractiveness” as a zero-sum game, allocate affective flows according to the winners and losers of those games, and ultimately amplify the salience of race as a factor of success for finding intimacy. In thus priming users …

‘The Good English’: The Ideological Construction Of The Target Language In Adult Esol, Kelsey Swift

Publications and Research

This project problematizes hegemonic conceptions of language by looking at the construction of ‘English’ in a nonprofit, community-based adult ESOL program in New York. I use ethnographic observation and interviews to uncover the discursive and pedagogical practices that uphold these hegemonic conceptions in this context. I find that the structural conditions of the program perpetuate a conception of ‘English’ shaped by linguistic racism and classism, despite the program’s progressive ideals. Linguistic authority is centralized through the presentation of a closed linguistic system and a focus on replication of templatic language. This allows for the drawing of linguistic borders by pathologizing …

Sharing Library And Information Resources During A Global Pandemic Introduction From The Guest Editor, Beth Posner

Publications and Research

Written in the summer and fall of 2020, and revised and published in 2021, the articles in this special issue of Journal of Interlibrary Loan, Document Delivery and Electronic Reserve offer examples of how the library community has been meeting local and global needs for information during this pandemic. They highlight the challenges and issues that have regrettably, but understandably, limited information sharing, as well as some best practices that have emerged. They also report on local activities and details for which there is not yet a consensus. This journal issue is not the first word on the subject; we …

Peel, Pare, Plate, Post: Repository Mise En Place For Collecting Faculty Articles, Adriana Palmer, Jill Cirasella

Publications and Research

Mise en place (pronounced “meez ahn plahs”) is a term used in professional kitchens to describe the organizing and arranging of the workspace, ingredients, and equipment before beginning to cook. It translates directly from French as “to put in place” (“Mise en Place,” n.d.).

A carefully constructed mise en place is the key to this recipe for adding faculty articles to an institutional repository (IR). Step by step, this recipe details one proven way for a head chef to prepare a scholarly communication kitchen for this project: (1) identifying sous-chefs to assist in the project, (2) gathering ingredients from multiple …

Sonic Femininity: The Ronettes' Transgressive Gender Performance, Hilarie Ashton

Publications and Research

Iconic sixties girl group the Ronettes are frequently (and justly) celebrated for anchoring the Wall of Sound and inspiring the Beatles, but in their own right, they transgressed social, gendered expectations in revolutionary ways. Framed by a notion I call the sonic feminine, a recuperative theoretical space for the revolutionarily transgressive work of female and femme artists, I argue that the Ronettes, and lead singer Ronnie Spector in particular, enacted a kind of cultural rebellion: they crafted their images to made-up heights that tease the boundaries of drag across the spaces of the stage, the recording studio, the bathroom, and …

Occupational Depression, Cognitive Performance, And Task Appreciation: A Study Based On Raven’S Advanced Progressive Matrices, Renzo Bianchi, Irvin Sam Schonfeld

Publications and Research

The Occupational Depression Inventory (ODI) was recently developed to assess depressive symptoms that individuals specifically attribute to their work. Research on the criterion validity of the instrument is still in its infancy. In this study, we examined whether the ODI predicted performance on, and appreciation of, a cognitively challenging test. In light of the link established between clinical depression and neuropsychological impairment, and considering that individuals with depressive symptoms are more likely to feel helpless under challenging circumstances, we hypothesized that occupational depression would be associated with poorer cognitive performance and a darkened appreciation of the task undertaken. We relied …

Is Burnout A Depressive Condition? A 14-Sample Meta-Analytic And Bifactor Analytic Study, Renzo Bianchi, Jay Verkuilen, Irvin S. Schonfeld, Jari J. Hakanen, Markus Jansson-Fröjmark, Guadalupe Manzano-García, Eric Laurent, Laurenz L. Meier

Publications and Research

There is no consensus on whether burnout constitutes a depressive condition or an original entity requiring specific medical and legal recognition. In this study, we examined burnout–depression overlap using 14 samples of individuals from various countries and occupational domains (N = 12,417). Meta-analytically pooled disattenuated correlations indicated (a) that exhaustion—burnout’s core—is more closely associated with depressive symptoms than with the other putative dimensions of burnout (detachment and efficacy) and (b) that the exhaustion–depression association is problematically strong from a discriminant validity standpoint (r = .80). The overlap of burnout’s core dimension with depression was further illuminated in 14 exploratory structural …

Competitiveness Of Mexico In The Technological Innovation Sector: An Assessment Of The Patents Granted By Mexican Government, Angel Contreras Cruz

Engineering and Technology Management Student Projects

This paper reviewed the existing literature regarding competitiveness in the technological innovation sector in Mexico. The gaps in the literature were found, and, later, these gaps aided the guidelines of this research. This paper is organized as follows. Section 2 provides a comprehensive literature review in the Mexican context and international context. Section 3 describes aspects of competitiveness in Mexico and the role of R&D organizations and universities related to patent activity. Section 4 covers how the patenting system works in Mexico and provides a description of the Mexican patent system. Section 5 explains the methodology used for this research. …

Strategic Management Of Digital Contact Tracing Technologies: Covid-19 And Singapore, Yaya Sirimongkarakorn

Engineering and Technology Management Student Projects

The emergence of the COVID-19 virus and global health pandemic has sparked a rapid need for new digital solutions. Singapore took a strategic lead by paving the path towards innovating digital contact tracing (DCT) technologies to contain the spread of the virus. The nation’s expedited response and model for DCT has shown to be one that many countries can take example from, regardless of experiencing hurdles in gaining sufficient user uptake initially. The concerns surrounding data security and privacy has fueled the movement for DCT technologies. With the vast majority of the population being involved, many aspects need to be …

Jlsc Board Editorial 2021, Anne Gilliland, Rebekah Kati, Jennifer Solomon, Dave S. Ghamandi, Jill Cirasella, David Lewis, Dede Dawson

Publications and Research

It hardly needs to be said that 2020 was a difficult year for the world. COVID-19 has infected over 120 million people and killed over 2 million as of March 2021 (Johns Hopkins). At the same time, police violence against people of color continues, even as communities engage in long-overdue reckoning initiatives. Across the globe, researchers, governments, and communities needed quick, open, up-to-date information on testing for, treating, and preventing COVID-19. Our increased dependence on technology during lockdowns provided some with safety and continuity, while others experienced the widening of the digital divide. There is no greater urgency than the …

Exclusion Statistics For Particles With A Discrete Spectrum, Stéphane Ouvry, Alexios P. Polychronakos

Publications and Research

We formulate and study the microscopic statistical mechanics of systems of particles with exclusion statistics in a discrete one-body spectrum. The statistical mechanics of these systems can be expressed in terms of effective single-level grand partition functions obeying a generalization of the standard thermodynamic exclusion statistics equation of state. We derive explicit expressions for the thermodynamic potential in terms of microscopic cluster coefficients and show that the mean occupation numbers of levels satisfy a nesting relation involving a number of adjacent levels determined by the exclusion parameter. We apply the formalism to the harmonic Calogero model and point out a …

The ‘Global South’ In The Study Of World Politics: Examining A Meta Category, Sebastian Haug, Jacqueline Braveboy-Wagner, Günther Maihold

Publications and Research

This introductory contribution examines the ‘Global South’ as a meta category in the study of world politics. Against the backdrop of a steep rise in references to the ‘Global South’ across academic publications, we ask whether and how the North–South binary in general, and the ‘(Global) South’ in particular, can be put to use analytically. Building on meta categories as tools for the classification of global space, we discuss the increasing prominence of the ‘Global South’ and then outline different understandings attached to it, notably socio-economic marginality, multilateral alliance-building and resistance against global hegemonic power. Following an overview of individual …

A Refined Experimentalist Governance Approach To Incremental Policy Change: The Case Of Process-Tracing China’S Central Government Infrastructure Ppp Policies Between 1988 And 2017, Huanming Wang, Bin Chen, Joop Koppenjan

Publications and Research

This article was originally published in Journal of Chinese Governance, available at https://doi.org/10.1080/23812346.2021.1898151

This work is distributed under a Creative Commons Attribution-NonCommercial-NoDerivs International License (CC BY-NC-ND 4.0).

Wavefront-Selective Fano Resonant Metasurface, Adam C. Overvig, Andrea Alù

Publications and Research

Fano resonances are conventionally understood as sharp spectral features with selectivity in the momentum-frequency domain, implying that they can be excited only by plane waves with specific frequencies and incident angles. We demonstrate that Fano resonances can be made generally selective in the space-frequency domain. They can be tailored to resonate only when excited by a frequency, polarization, and wavefront of choice. This generalization reveals that Fano systems are characterized by eigenwaves that scatter to their time-reversed image upon reflection. Although in conventional Fano systems this trivially occurs for normally incident plane waves, we show that, in general, the selected …

Calabi-Yau Products: Graded Quivers For General Toric Calabi-Yaus, Sebastián Franco, Azeem Hasan

Publications and Research

The open string sector of the topological B-model on CY (m + 2)-folds is described by m-graded quivers with superpotentials. This correspondence generalizes the connection between CY (m + 2)-folds and gauge theories on the worldvolume of D(5 − 2m)-branes for m = 0, . . . , 3 to arbitrary m. In this paper we introduce the Calabi-Yau product, a new algorithm that starting from the known quiver theories for a pair of toric CY_m+2 and CY_n+2 produces the quiver theory for a related CY_{m+n+3 …}

The Association Of Pregnancy Control, Emotions, And Beliefs With Pregnancy Desires, Meredith G. Manze, Diana R. Romero, Prabal De, Josette Hartnett, Lynn Roberts

Publications and Research

Context

Standard pregnancy intentions measures do not always align with how people approach pregnancy. Studies that have investigated beyond a binary framework found that those with “ambivalent” feelings towards pregnancy are less likely to use contraception consistently, but the reasons for this are unclear. We sought to gain a nuanced understanding of pregnancy desires, and how perceptions about pregnancy are associated with contraceptive use.

Methods

We used non-probability quota sampling based on sex, age, and geographic region for a web-based survey of heterosexual men and women, aged 21–44 years, who could become pregnant/impregnate and were not currently pregnant (n = …

A Comparative Perspective On Three Primate Species’ Responses To A Pictorial Emotional Stroop Task, Lydia M. Hopper, Matthias Allritz, Crystal L. Egelkamp, Sarah M. Huskisson, Sarah L. Jacobson, Jesse G. Leinwand, Stephen R. Ross

Publications and Research

The Stroop effect describes interference in cognitive processing due to competing cognitive demands. Presenting emotionally laden stimuli creates similar Stroop-like effects that result from participants’ attention being drawn to distractor stimuli. Here, we adapted the methods of a pictorial Stroop study for use with chimpanzees (N = 6), gorillas (N = 7), and Japanese macaques (N = 6). We tested all subjects via touchscreens following the same protocol. Ten of the 19 subjects passed pre-test training. Subjects who reached criterion were then tested on a standard color-interference Stroop test, which revealed differential accuracy in the primates’ responses across conditions. Next, …