Digital Commons Network^™

What Was The "Dartmouth College" Case Really About?, Charles R.T. O'Kelley

Vanderbilt Law Review

This Article is the first modern work of corporation law scholarship fully examining the Dartmouth College case as it was lived and understood at the time. Earlier scholars, the author of this Article included, have relied on the case to make doctrinal and theory-of-the firm arguments about Supreme Court precedents regarding the constitutional rights of corporations. Moreover, these earlier works have primarily focused on, and found talismanic meaning, in two sentences in Marshall’s opinion:

"A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties …

Social-Emotional Learning And Its Relationship To High School Student Academic Achievement In Stem Courses, Maurice Lavelle Mcdougald

Doctoral Dissertations and Projects

The purpose of this study was to determine the correlation of high school student social-emotional learning and its relationship to academic achievement in STEM (science, technology, engineering, mathematics) courses as moderated by gender and racial groups and within a rural school in the Sandhills area of North Carolina. Using a quasi-experimental variable-centered design, 202 Junior Reserve Officer Corps students participated in this research. The researcher sought to answer: (1) Do individual high school students' self-perceptions of social-emotional learning skills influence academic achievement in traditional STEM courses? (2) Are there significant variations of individual high school students' self-perception of social-emotional learning …

"A Code Red For Humanity": Judicial Relevance In A Time Of Climate Emergency, Margot Young

All Faculty Publications

The Washington Post calls it the “the biggest political story in the world, a grinding global crisis in public view.” The Globe and Mail’s coverage is more muted, but its Editorial Board notes about this crisis that “[t]wo things have since changed: urgency and ability. The danger is growing closer, but so is humanity’s capacity to avert disaster.” These statements reference the 9 August 2021 release by the Intergovernmental Panel on Climate Change (IPCC) of its Working Group I report, first instalment of the IPCC’s Sixth Assessment due out in 2022. The recent report, compiled by 234 authors based on …

The Hmcs Unconscionability: Adrift In The Atlantic, Marcus Moore

All Faculty Publications

This paper traces the Canadian doctrine of unconscionability’s distant voyage in Uber Technologies v Heller 2020 SCC 16 from the familiar waters of the English ‘unconscionable bargains’ family of doctrines, found in various common law jurisdictions. Since the 19th century, those jurisdictions had included Canada. However, in this important decision of the Supreme Court of Canada, the position of the doctrine shifted significantly. Its movement can be identified as towards the American doctrine of unconscionability, a distinct doctrine not part of the English family, based rather on §2-302 of the Uniform Commercial Code. Courtwatchers in the United Kingdom and other …

Prospective Overruling Unravelled, Samuel Beswick

All Faculty Publications

Judges have a dual role: they decide cases and they determine the law. These functions are conventionally understood to be intertwined: adjudication leads to case law, and disputes over judge-made laws lead to adjudication. Because judgments involve the resolution of past disputes, judge-made law is retrospective. The retrospective nature of judicial law-making can seem to work an injustice in hard cases. It appears unfair and inefficient for novel judicial decisions to apply to conduct occurring prior to the date judgment is handed down. A proposed solution is to separate the law-making and adjudicatory functions of courts. This is the technique …

Climate Disruption In Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act, Jocelyn Stacey

All Faculty Publications

This analysis considers the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, in which a majority of the Court upheld as constitutional national carbon pricing legislation. The decision presents an excellent illustration of the legally disruptive nature of climate change. Illustrating that nothing is static in a climate disrupted world—including constitutional law—this article identifies three shifts the Court makes in relation to climate disruption. First, the decision represents a shift away from climate denialism toward a judicial willingness to confront the environmental, social and legal implications of climate change for Canada. Second, …

Cultural Diversity In The Practice Of Physical Therapy: A Review Of The Literature, James M. Mckivigan

College of Health & Human Services (TUN) Publications and Research

Background: Cultural competence is a term that encompasses one’s capacity for understanding, communication, and effective interactions with individuals across the cultural spectrum. Recognition of these principles and practical training focused on relevant skills and abilities are needed to prevent discriminatory practices based on patient age, ethnicity, socioeconomic status, race, religion, gender identification, and sexual orientation. A culturally competent physical therapist will be able to use these skills and abilities to promote effective communication with all patients and remove barriers to obtaining appropriate health care.

Methods: Toward this end, this study includes a review of the recent literature and focuses on …

The Political Economy Of Pandemic Pods, Osamudia James

Faculty Publications

No abstract provided.

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron

Faculty Publications

Who is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with enforcing forum selection clauses …

Cruise Contracts, Public Policy, And Foreign Forum Selection Clauses, John F. Coyle

Faculty Publications

A cruise ship contract is the prototypical contract of adhesion. The passenger is presented with the contract on a take-it-or-leave-it basis. If she refuses to sign, the ship sails without her. To ensure that cruise companies do not draft one-sided contracts that are unfair to passengers, Congress has enacted a number of statutes that regulate these agreements. One such statute is 46 U.S.C. § 30509. This law stipulates that any contract provision that limits the liability of the cruise company for personal injury or death is void as against public policy if the ship stops at a U.S. port.

In …

The Sovereign Shield, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal government’s sovereign shield by exploiting three doctrines: preemption, derivative sovereign immunity, and intergovernmental immunity. Because these contractors provide services supporting every conceivable government action, allowing them to act with impunity puts citizens at risk across myriad aspects of their lives.

This Article untangles the doctrines that extend the sovereign shield to private actors …

Access Riders (Web), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nora Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Access Riders (Print), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nore Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

A Study On The Development And Effectiveness Of Christian Leaders Through Cambodia Christian International School, Changsoon Son

Doctoral Dissertations and Projects

This paper is about fostering Christian leaders and missionary roles in Cambodia through the operation of the Christian International School in Cambodia. The researcher emphasizes the necessity and importance of Christian international schools in Cambodia, a Buddhist country, and aims to present missionary strategies through them. Cambodia is located in Indochina, southeast of Asia, and has a painful history of the Killing Fields. In 1976, a Chinese-backed Khmer Rouge leader, Pol Pot, killed at least one million Cambodians by 1979, systematically sweeping the educated middle class and most of those who seemed enemies of the government. As a result, Cambodia …

No Amendment? No Problem: Judges, "Informal Amendment," And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie

Faculty Publications

This article considers the way in which judges play a significant role in developing the meaning of a constitution through the exercise of interpretive choices that have the effect of “informally amending” the text. We demonstrate this by examining four written federal democratic constitutions: those of the United States, the first written federal democratic constitution; India, the federal constitution of the largest democracy on earth; and the constitutions of Canada and Australia, both federal and democratic, but emerging from the English unwritten tradition. We divide our consideration of these constitutions into two ideal types, identified by Bruce Ackerman: the “revolutionary” …

Unlawfully-Issued Sovereign Debt, W. Mark C. Weidemaier, Mitu Gulati

Faculty Publications

In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolás Maduro proposed a multi-billion dollar debt swap to holders of bonds issued by the government’s crown jewel, state-owned oil company Petroleós de Venezuela S.A. (PDVSA). A new government now challenges that bond issuance, arguing that it was unlawful under Venezuelan law. Bondholders counter that this does not matter, that PDVSA freed itself of any borrowing limits by agreeing to a choice-oflaw clause designating New York law.

The dispute over the PDVSA 2020 bonds implicates a common problem. Sovereign nations borrow under …

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …

Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski

Faculty Publications

This Article argues that California’s occupational designation option should be abolished, having outlived whatever usefulness it may have had in 1931. Today, it is a source of headaches for elections officials across the state. It often leads to litigation over whether a candidate’s chosen designation is inaccurate or might mislead voters. It is inconsistently enforced. It is frequently used by candidates not to provide voters with helpful information but to gain an electoral advantage over their opponents. The time has come for California to join the forty-nine states that do not automatically allow candidates to include their occupations on the …

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

Scholarly Works

Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …

The Struggle With Basic Writing Skills, Ann Nowak

Scholarly Works

No abstract provided.

Replanting A Wild Seed: Black Women School Leaders Subverting Ideological Lynching, Whitneé Louise Garrett-Walker

Doctoral Dissertations

Much race-based educational research is focused on teachers interrupting systems ofoppression in their classrooms, through methods such as curriculum and instruction, and preparing students to engage in the world (Alston, 2012; Bertrand & Rodela, 2017; Carpenter & Diem, 2013; Gooden & Dantley, 2012; Furman, 2012). I intentionally focus my attention on school leadership because while all stakeholders are responsible for maintaining school culture, as school leaders it is our responsibility to create conditions where the work of enacting social justice is expected in our schools. There continues to be a gap in educational research that deeply examines this level of …

Teaching Critical Thinking Skills In A Chinese Immersion School, Pui Hung Helen Wong

Doctoral Dissertations

As a frontline teacher and administrator, I received feedback consistently from parents and students asking for a fun and effective method of instruction for Chinese language development in the US. This study explored the micro-level of how teachers in Chinese immersion schools create an environment to support development of students’ critical thinking skills while learning Chinese. I applied a qualitative approach to the research and designed a case study focused on answering the following research questions: How do teachers help their students to develop critical thinking skills when teaching in a Chinese immersion program? What are the challenges teachers have …

Beyond Care And Order In School Climate: A Qualitative Study Of Defender And Outsider Cognitions In Bullying Situations, William S. Richards Iv

Cal Poly Humboldt theses and projects

This study examined the cognitions of students who intervene or do not intervene when they witness bullying incidents along with the ways that these cognitions may relate to these students’ perceptions of school climate at a small, rural high school in Northern California. Because increasing the frequency of bystander intervention has been found in prior studies to decrease bullying, this study illuminates the cognitive processes that support agency to intervene in bullying and distinguish them from cognitive processes that reduce agency to intervene. This study also identifies possible links between the ways students perceive school climate and their agency to …

From Time Immemorial: Native American Art In Oregon, Tracy J. Prince

Curriculum and Instruction Faculty Publications and Presentations

This brief overview of the history of Native art of Oregon was included in the book Oregon Painters (second edition). From thousands of sites of ancient rock art to contemporary artists, Native American art of Oregon also includes artistry in beadwork, basketry, sculptures, paintings on longhouses, canoes, paddles, and burial platforms, and paintings in international exhibits and museums.

What Are The Possible Causes And Effective Therapeutic Approaches Of Preeclampsia?, Adina Hadi

The Science Journal of the Lander College of Arts and Sciences

Preeclampsia is a complication of pregnancy primarily characterized by hypertension and proteinuria and affects other organs as well. The underlying causes are not yet fully understood. However, it is suggested that angiogenic factors of the placenta, genetic factors, a malfunctioning immune system, and oxidative stress all play a role in causing preeclampsia. Currently, the only definitive cure known for preeclampsia is delivery of the baby. Management of the condition includes taking preventative measures as well as drugs such as labetalol and MgSO4. This paper analyzes mechanisms of preeclampsia and determines the possible causes and most effective ways to manage the …

21st Century Learning Ecosystem Opportunities Member Spotlight, 21cleo Research Team

21CLEO Presentations and Publications

Background & Our Study

Understanding a changing and dynamic learning ecosystem

● 45 interviews with worker learners and individuals who provide support to them

● Focus on the voices and experiences of Black, Indigenous, and People of Color (BIPOC)

● Multiple Advisory Group Convenings of diverse group of stakeholders: working learners, educators, researchers, employers, workforce development practitioners

● Ongoing dissemination of our work in over 20 blog posts reporting on our research as its unfolded

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 …