Digital Commons Network^™

Past Prescient, Christopher Tomlins

University of Colorado Law Review

No abstract provided.

The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed

University of Colorado Law Review

While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.1 Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts legitimate …

The Common Law And Critical Theory, Charles L. Barzun

University of Colorado Law Review

No abstract provided.

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano

University of Colorado Law Review

No abstract provided.

Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi

Honors Theses and Capstones

In 1832, President Andrew Jackson issued a veto message claiming the same duty as the Supreme Court to interpret the U.S. Constitution. Do modern presidents exercise the principal role in interpreting the U.S. Constitution that President Jackson claimed was their duty, and, if so, in what ways do they choose to articulate their interpretations? The hypothesis is that modern presidents have exercised a principal role in interpreting the U.S. Constitution similar to the interpretative duty expressed by President Jackson, and they perform this duty, in part, through the issuance of veto messages and signing statements. After a content analysis of …

Does The Emigration Of Skilled Labor From Hungary Merit Being Called A Brain Drain?, Alexa Marie Mayo

Honors Theses and Capstones

No abstract provided.

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.

How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?, Yanni N. Kakouris

Honors Theses and Capstones

No abstract provided.

Ethical Use Of Beauty In Advertising, Koca Chan

Honors Theses and Capstones

The use of beauty images in advertising has been generally deemed to be unethical in society, based on the general negative presupposition in modern western culture. The ethicalness of the display of high standards of beauty in advertisements is especially controversial and questionable in the advertising industry. Advertising watchdogs, social groups, and individuals have investigated the possibility of banning the display of high standards of beauty to be displayed in advertisings and publications. This paper argues that image advertising of high beauty standards may not be necessarily unethical in all situations. And under certain conditions, by considering and combining image(s) …

Uses Unaddressed: How Social Technologies Tacitly Allow Gender-Based Violence, Brooke J. Marston

Honors Theses and Capstones

Growing technological capabilities have enhanced and intensified the potential for surveillance in many areas of life. Particularly, the placement of advanced technology in the hands of everyday people has produced ample opportunities for interpersonal monitoring. This growing capacity to surveil others we know without sophisticated techniques has concerning implications for acts of gender-based violence and intimate partner violence, which often hinge on surveillance, isolation, and control. Often, technology is used to the advantage of abusers in achieving such ends, and the wealth of personal information that is often available online leaves users vulnerable to acts of gender-based violence such as …

Shakespeare’S Deviation From His Predecessors: Aligning "Romeo And Juliet" With Italian Renaissance Marriage Culture, Tara Lynn Hohn

Honors Theses and Capstones

No abstract provided.

Leverage, Randy J. Kozel

Journal Articles

Sometimes government operates by inducement rather than order. Congress distributes money to the states. A state grants funds to nonprofit organizations. An administrative agency offers wages and professional opportunities to its staff. A high school provides instruction to its students. In each situation, the government furnishes something of value. And in each situation, it asks something in return-whether implementation of a government program, forbearance from activities deemed inconsistent with operational goals, conduct in pursuit of an employment mission, or compliance with standards of academic discipline. Though they arise in different contexts, these varied forms of government action present the same …

Twenty-Third Amendment Problems Confronting District Of Columbia Statehood, Derek T. Muller

Journal Articles

Proposals to make the District of Columbia a state would leave behind a new, substantially smaller District named "Capital." The Twenty-Third Amendment guarantees that the new District would have three electoral votes, no matter how few people reside in it. Proposals that would make the District of Columbia state do not adequately address this issue. Statehood, if it proceeds, should be conditioned on repeal of the Twenty-Third Amendment. Potential alternative statutory solutions to the Twenty-Third Amendment--which do not exist in recent bills that Congress has considered--present constitutional, legal, and practical problems.

In one sense, the scope of this Article is …

Weaponizing The Ballot, Derek T. Muller

Journal Articles

State legislatures are considering passing laws to prevent presidential candidates from appearing on the ballot if they fail to disclose their tax returns. These proposals exceed the states' power under the Elections Clause and the Presidential Electors Clause. States have no power to add qualifications to presidential or congressional candidates. But states do have constitutional authority to regulate the manner of holding elections and to direct the manner of appointing presidential electors. "Manner" regulations that relate to the ballot are those that affect the integrity and reliability of the electoral process itself or that require a preliminary showing of substantial …

Reducing Election Litigation, Derek T. Muller

Journal Articles

Election litigation has exploded, and judges have increasingly been asked to evaluate ever-finer points of election administration. This Article posits some reasons that the judiciary has done so, and it offers potential ways to reduce election litigation.

Part I examines the increase in litigation and attributes at least some of that increase to several causes: increased campaign expenditures on litigation; increased partisanship in state legislatures yielded more contentious election laws; the decline of preclearance under the Voting Rights Act after Shelby County v. Holder; and Supreme Court extensions of the Anderson v. Celebrezze framework to broad areas of election …

Sexy For Me: Enjoyment Of Sexualization, Embodiment, And Psychological Well-Being In Recreational Pole Dancers, Kelly Cuccolo

Theses and Dissertations

Purpose: Recreational pole dancing may have dual implications for women’s mental health. Previous research (Pellizzer, et al., 2016) conducted under the framework of Objectification Theory has reported that enjoyment of sexualization can exert negative effects on body image through self-objectification and positive effects on body image through embodiment. The purposes of this study were to a.) replicate findings from Pellizer et al., (2016) and b.) to examine the theorized outcomes of Objectification Theory not addressed by previous research (eating disorder (ED) symptomatology, depressive affect). Methods: Recreational pole dancers (N = 82) were recruited from five recreational pole dancing schools. Participants …

North Dakota Elementary School Counseling Programs: Implications For Policy And Practice, Holly Larson

Theses and Dissertations

The study’s purpose was to explore social emotional supports in place at the time of this study through North Dakota public elementary school counseling programs, to give attention to the North Dakota Multi-Tiered System of Supports in Social Emotional Learning (NDMTSS-SEL) initiative’s implementation, and to understand perspectives on early social emotional learning needs and interventions. Education in North Dakota is guided by the North Dakota Century Code (NDCC) Title 15.1 statutes. In October of 2019, the North Dakota Legislative Interim Education Committee discussed a need to review and revise these statutes (North Dakota Legislative Branch, 2019). Within the North Dakota …

Characerization, Depolymerization And Fractionation Of Alkali Lignin, Audrey Lynn Lavallie

Theses and Dissertations

Lignin may serve as a potential source of renewable chemicals and as a possible wealth of materials for replacement of petroleum-based fuel and petrochemicals. Lignin is a plant component that constitutes the second most common natural polymer on earth, behind only cellulose, and is the most common natural polymer with an aromatic network. Technical lignins (isolated from chemical processing of raw lignin) are produced as waste in the papermaking and biorefinery industries; an estimation of U.S. waste lignin is about 24 million tons yearly, more than the estimated 10.5 million tons of plastics discarded annually. The exact structures of natural …

Teacher Perceptions Of Parent-Teacher Communications And Practice, Misty Rose Tomchuk

Theses and Dissertations

It has been established in prior research that parent involvement and school-family partnerships have the potential to positively impact student achievement; however, creating and maintaining positive and productive parent-teacher communication can be difficult. Since teachers function as the link between school and the home, there is an increased need to study the perspectives and experiences of teachers. The purpose of this study was to examine the relationship between teacher perceptions of parent-teacher relationships, teacher conversation competence, and teacher communication frequency with parents.

This study involved an online survey distributed to 234 participants via Amazon Mechanical Turk. The following results were …

Pricing Drugs Fairly, Govind Persad

Publications

Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals passed by the House and proposed by Sens. Ron Wyden and Chuck Grassley have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair that identifies fair price with social value, argues for implementing fair …

Media Freedom And Technological Change, Vivek Krishnamurthy, Mark Latonero, Rachel Kuchma, Elif Nur Kumru, Geneviève Plumptre

Publications

No abstract provided.

Municipal Resources, Michael Whitlow

Publications

No abstract provided.

Material Support Prosecutions And Their Inherent Selectivity, Wadie E. Said

Publications

No abstract provided.

The Destabilizing Effect Of Terrorism In The International Human Rights Regime, Wadie E. Said

Publications

This Article explores the counterterrorism apparatus maintained by the United Nations from a critical perspective. It argues that the international counterterrorism regime reflects American and European priorities and structures to a significant degree, a situation that positions the threat of Islamist terrorism as preeminent. The existence of this regime results in significant distortion to concepts and laws governing citizenship, national security, and civil liberties, not to mention overstating the threat of terrorism itself. Further, there is a clear racial component in linking the terrorist threat to Islam itself, the majority religion in many countries of the Global South, specifically those …

Measuring State Capture, Pamela J. Clouser Mccann, Douglas M. Spencer, Abby K. Wood

Publications

How do we know when an executive branch actor is captured or is at risk of capture? And what is the risk that other branches of government could be captured? In this project, we offer a critical review of regulatory -- or industry-related -- capture that we use to build a concept of state capture that extends beyond agency-specific accounts and incorporates both the structures and processes of governing, while centering our examination on the public. We use state-level data on campaign finance, lobbying, industry size, ethics, and transparency to measure the degree to which the fifty state executive, legislative, …

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Publications

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …

A Most Ingenious Paradox: Competition Vs. Coordination In Mutual Fund Policy, Ann Lipton

Publications

No abstract provided.

Climate Changes Property: Disasters, Decommodification, And Retreat, Michael Pappas, Victor B. Flatt

Publications

No abstract provided.

Restructuring Immigration Enforcement Federalism, Pratheepan Gulasekaram

Publications

No abstract provided.

Play Behavior By An Anhinga (Anhinga Anhinga), Tom Webber

Florida Field Naturalist

No abstract provided.