Digital Commons Network^™

Students And Parents: How Academic Libraries Serve A Growing Population, Marta Bladek

Publications and Research

In recognition of the critical role libraries play in the educational lives of parenting students, there has been a noticeable trend in academic libraries to offer services and spaces for students and their children. This article reviews recent LIS literature on student parent initiatives in academic libraries, with the emphasis on the United States. The purpose of this synthesis is to highlight demographic data, research findings, and case studies that, considered together, may significantly expand the profession’s knowledge about the barriers parenting students face in accessing the library and its services. The first part of the article lays out the …

Gospel Parallelisms : Illustrated In The Healing Of The Body And Soul, Robert Lodowick Stanton

Heritage Material

No abstract provided.

Reckoning: Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Articles

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'tre of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Sneak In Contracts, Shmuel I. Becher, Uri Benoliel

Georgia Law Review

Consumer contracts are a pervasive legal tool that govern
many of our daily activities. Yet, consumer contracts are
routinely modified by businesses after customers accept them.
Common modifications include, for example, a change in fees,
alteration of a dispute resolution clause, or revision to the firm’s
privacy policy. In fact, unilateral modifications can affect
virtually every aspect of a contract.
While the literature widely discusses the problem of ex ante
consent to consumer contracts, it does not adequately address
the problem of ex post consent to unilateral modifications. But
the practice of unilateral changes to consumer form contracts
comes with …

Judicial Review In Expedited Removal Proceedings: Applying Sims V. Apfel To Assess The Role Of Issue Exhaustion, Emily C. Snow

Georgia Law Review

For noncitizens in expedited removal proceedings, obtaining
judicial review of removal orders is an uphill battle. Some
barriers to judicial review are statutory: noncitizens must first
exhaust their administrative remedies, and they may seek
review only in a federal circuit court of appeals. Other barriers
are judicial—i.e., imposed by courts, not statutes.
A circuit split has emerged over one of these judicially
imposed barriers to judicial review. Some courts have held that
expedited removal proceedings do not accommodate legal
challenges to removal. In those circuits, noncitizens preserve the
opportunity for judicial review even when they do not raise a
legal …

Heirs Property In Georgia: Common Issues, Current State Of The Law, And Further Solutions, Caitlin Henderson

Georgia Law Review

In Georgia, real property passes through an intestate estate
in the form of heirs property. Under this system, heirs share
ownership of the property as tenants in common. This form of
ownership poses several obstacles to realizing the land’s full
potential and, in certain circumstances, courts will partition
the property in forced sales or will physically divide the
property among the heirs. Heirs property and its accompanying
problems are particularly common in Georgia due to strict
policies concerning will execution formalities. Georgia and the
U.S. Congress have attempted to cure the problems associated
with heirs property through the adoption of …

Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims, Alexander S. Edmonds

Georgia Law Review

In McDonnell Douglas Corp. v. Green, the U.S. Supreme
Court developed a framework to assist courts in assessing
individual disparate treatment claims based on
circumstantial evidence. Under that test, plaintiffs alleging
discrimination under Title VII must first show a prima facie
case of discrimination. Since McDonnell Douglas, courts have
modified the test by requiring plaintiffs to demonstrate that
they were treated less favorably than a similarly situated
comparator employee who is outside the plaintiff’s protected
class. Courts disagree, however, on what it means for
employees to be similarly situated. Some courts strictly
interpret the similarly situated requirement; others caution
against …

Assumed Facts And Blatant Contradictions In Qualified-Immunity Appeals, Bryan Lammon

Georgia Law Review

When a district court denies qualified immunity at summary
judgment, defendants have a limited right to immediately
appeal that decision. In Johnson v. Jones, the U.S. Supreme
Court held that courts hearing these appeals have jurisdiction
to address only whether the facts the district court took as true
in denying immunity amount to a clearly established violation
of federal law. They lack jurisdiction to look behind the facts
that the district court assumed were true to see whether the
evidence supports those facts. Despite this seemingly clear rule,
defendants regularly flout Johnson’s jurisdictional limits,
taking improper appeals that create extra …

The Expressiveness Of Regulatory Trade-Offs, Benjamin M. Chen

Georgia Law Review

Trade-offs between a sacred value—like human life—
against a secular one—like money—are considered taboo.
People are supposed to be offended by such trade-offs and to
punish those who contemplate them. Yet the last decades in the
United States have witnessed the rise of the cost-benefit state.
Most major rules promulgated today undergo a regulatory
impact analysis, and agencies monetize risks as grave as those
to human life and values as abstract as human dignity.
Prominent academics and lawmakers advocate the weighing of
costs and benefits as an element of rational regulation. The
cost-benefit revolution is a technocratic coup, however, if …

Delaware’S Dominance And The Future Of Organizational Law, Peter Molk

Georgia Law Review

Delaware dominates the market for business formations.
Two main theoretical explanations have been offered to justify
Delaware’s continued success. One focuses on the state’s
credible commitment to producing responsive organizational
law in the future. The other looks to the network effects that
continue to encourage new formations once Delaware already
dominates. Yet, other than continued observation of Delaware’s
dominance, little empirical support exists for either theory.
This Article empirically tests entrepreneurs’, investors’, and
lawyers’ appetite for Delaware’s credible commitment. I use the
recent Delaware Supreme Court decision of Gatz Properties v.
Auriga Capital Corp., which was a negative shock to …

Unintended Legislative Inertia, Mirit Eyal-Cohen

Georgia Law Review

Institutional and political forces create strong inertial
pressures that make updating legislation a difficult task. As a
result, laws often stagnate, leading to the continued existence of
obsolete rules and policies that serve long-forgotten purposes.
Recognizing this inertial power, legislatures over the last few
decades have increasingly relied on a perceived solution—
temporary legislation. In theory, this measure avoids inertia by
requiring legislators to choose to extend a law deliberately.
This Article argues that temporary legislation is a double-
edged sword. While some temporary laws ultimately expire,
many perpetuate through cycles of extension and
reauthorization. Temporary legislation often creates its …

Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells

Georgia Law Review

Qualified immunity protects officials from damages for
constitutional violations unless they have violated “clearly
established” rights. Local governments enjoy no immunity, but
they may not be sued on a vicarious liability theory for
constitutional violations committed by their employees. Critics
of the current regime would overturn these rules in order to
vindicate constitutional rights and deter violations. This
Article argues that across-the-board abolition of these limits on
liability would be unwise as the costs would outweigh the
benefits. In some contexts, however, exceptions may be justified.
Much of the recent controversy surrounding qualified
immunity involves suits in which police officers …

Legal Work Ahead: Potential Potholes For The Hands-Free Georgia Act, Hunter G. Smith

Georgia Law Review

Georgia’s statutory regulation of distracted driving, the
Hands-Free Georgia Act, went into effect in July 2018. The Act
is rife with ambiguous and uncertain language that fails to
apprise drivers of the legal and practical consequences of their
actions. But in the three years since the Act’s passage, neither
the legislature nor the courts have addressed these issues.
With its many exceptions, the Act neither protects drivers’
constitutional rights nor adequately curtails dangerous
driving. Vagueness in the Act’s numerous exceptions, Fourth
Amendment concerns, and the potential for pretextual stops
and racial profiling present potential legal issues on which
litigants may …

The Effects Of Personal Attributes, Risk Perception, And Risk Reduction Strategies On Travel Intention For A Vulnerable Island Destination: The U.S. Travelers' Perspective For Bali, Indonesia, Rina Kurniawati

Electronic Theses and Dissertations, 2020-2023

The purpose of this study is to investigate the effects of personal attributes, risk perception, and risk reduction strategies on travel intention in the specific context of U.S. travelers and the island destination of Bali, Indonesia. The variables examined in this study are personality traits, subjective knowledge, risk experience, perceived risk, emotion, risk reduction strategies, and intention to visit. Travelers with certain personal attributes (personality traits, subjective knowledge, and risk experience) were asked to evaluate destination risk factors and develop risk perceptions and emotions. They were also asked about different risk-reduction strategies and how each would impact their considerations to …

Takings Localism, Nestor M. Davidson, Timothy M. Mulvaney

Faculty Scholarship

Conflicts over “sanctuary” cities, minimum wage laws, and genderneutral bathrooms have brought the problematic landscape of contemporary state preemption of local governance to national attention. This Article contends that more covert, although equally robust, state interference can be found in property, with significant consequences for our understanding of takings law.

Takings jurisprudence looks to the states to mediate most tensions between individual property rights and community needs, as the takings federalism literature recognizes. Takings challenges, however, often involve local governments. If the doctrine privileges the democratic process to resolve most takings claims, then, that critical process is a largely local …

Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez

Faculty Scholarship

No abstract provided.

Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder

Faculty Scholarship

With the pandemic caused by the novel coronavirus SARS-CoV-2 raging around the world, many countries’ economies are at a crucial juncture. The COVID-19 external shock to the economy has the potential to affect corporate governance profoundly. This Article explores its possible impact on comparative corporate governance. For an economy to operate successfully, a society must first find a politically sustainable social equilibrium. In many countries, historical crises—such as the Great Depression and World War II—have resulted in a reconfiguration of corporate governance institutions that set the course for generations. While it is not yet clear whether COVID-19 will have a …

The Law School As A White Space, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Mala Prohibita And Proportionality, Youngjae Lee

Faculty Scholarship

What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or her funds and accepting a fee for the advice without registering with the government does not seem harmful or …

What's Law Got To Do With It? Dignity And Menstruation, Elizabeth B. Cooper

Faculty Scholarship

No abstract provided.

Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper

Faculty Scholarship

This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …

A Pattern Of Violence: How The Law Classifies Crimes And What It Means For Justice. By David Alan Sklansky. Cambridge, Ma: Belknap Press. 336 Pp. $29.95 Hardcover, John F. Pfaff

Faculty Scholarship

No abstract provided.

The End Of School Policing, Barbara A. Fedders

Faculty Publications

Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role the police play in perpetuating a school-to-prison pipeline that funnels Black and Brown students and students with disabilities out of schools and into courts, jails, and prisons. In suggesting remedies for this problem, commentators have proposed several regulatory fixes. These include changes to the standards for evaluating …

Early Tree Performances, Precocity And Fruit Quality Attributes Of Newly Introducedapricot Cultivars Grown Under Western Serbian Conditions, Tomo Milosevic, Nebojsa Milosevic, Ivan Glisic

Turkish Journal of Agriculture and Forestry

In this work, 19 newly introduced and some traditional apricot cultivars were evaluated by 20 phenological and agronomical traits and fruit quality attributes. The results showed a wide variation in phenological data, tree vigour (TCSA), productivity [yield per tree, cumulative yield (CY) and yield efficiency (YE)], and fruit quality attributes such as fruit and stone weight, flesh/stone ratio, fruit dimensions, size, shape index, soluble solids content (SSC), titratable acidity (TA) and ripening index (RI). The average onset of blossoming varied from 16 March to 20 March, whereas harvest was between 1 June and 12 September. The most vigorous trees were …

The Atmospheric Carbon And Transport (Act)-America Mission, Kenneth J. Davis, Edward V. Browell, Sha Feng, Thomas Lauvaux, Michael D. Obland, Sandip Pal, Bianca C. Baier, David F. Baker, Ian T. Baker, Zachary R. Barkley, Kevin W. Bowman, Yu Yan Cui, A. Scott Denning, Joshua P. Digangi, Jeremy T. Dobler, Alan Fried, Tobias Gerken, Klaus Keller, Bing Lin, Amin R. Nehrir, Caroline P. Normile, Christopher W. O'Dell, Lesley E. Ott, Anke Roiger, Andrew E. Schuh, Colm Sweeney, Yaxing Wei, Brad Weir, Ming Xue, Christopher A. Williams

Geography

The Atmospheric Carbon and Transport (ACT)-America NASA Earth Venture Suborbital Mission set out to improve regional atmospheric greenhouse gas (GHG) inversions by exploring the intersection of the strong GHG fluxes and vigorous atmospheric transport that occurs within the midlatitudes. Two research aircraft instrumented with remote and in situ sensors to measure GHG mole fractions, associated trace gases, and atmospheric state variables collected 1,140.7 flight hours of research data, distributed across 305 individual aircraft sorties, coordinated within 121 research flight days, and spanning five 6-week seasonal flight campaigns in the central and eastern United States. Flights sampled 31 synoptic sequences, including …

Biobehavioral Predictors Of Executive Function Decline In Mid- And Late Life Adults, Cali Anne Caughie

Graduate Student Theses, Dissertations, & Professional Papers

Using data from the Midlife in the United States (MIDUS) Longitudinal Study of Health and Well-Being, this study examined high frequency heart rate variability as a longitudinal predictor of cognitive change in key executive function domains: inhibition, shifting, and updating. This study further explored the interactions between HF HRV and important health factors (inflammation, stress, sleep, and mood and anxiety) in predicting executive function decline.

The results of this investigation demonstrated that while high frequency heart rate variability and inhibition decline were correlated, HF HRV was not a significant predictor of decline in any executive function. However, results did show …

Linking Seismicity And Time-Variant Loading Of The Solid Earth, Mason Perry

Graduate Student Theses, Dissertations, & Professional Papers

Earth’s surface is constantly being stressed and deformed by countless dynamic processes that operate across a vast number of time and spatial scales. In this dissertation, I use geodetic observations in combination with time series analysis, basic numerical modeling, and a number of statistical tools to investigate the sources loading and observable deformation of earth’s surface and their relation to seismic activity.

In Central Asia, compressive stresses resulting from the collision of the Indian subcontinent and Eurasia have created a tectonically complex region that includes the best present-day example of ongoing subduction of continental lithosphere. Here, continental Eurasia is actively …

Theories On The Pedagogy Of Asla (Accelerated Second Language Acquisition): A Piikuni Student Approach, Robert Patrick Hall

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is an exploration in the pedagogy of ASLA to understand how and why it is successful at being a methodology that enables an instructor to teach endangered languages effectively. The paper explores the current deficits within language revitalization programs and argues that ASLA can improve endangered language programs

The Effects Of Heavy Metal Contamination In Soil On Dna Degradation After Decomposition, Samantha Hofland

Graduate Student Theses, Dissertations, & Professional Papers

The application of DNA is an ever-expanding field of research with many implications in the field of forensic investigation. Research into DNA obtained from soil is ongoing and suggests a new avenue in forensic investigation. This research seeks to understand the effects of heavy metal on the preservation of DNA within soil after decomposition of remains. Using pigs as a proxy for human remains, the effects of heavy metal contamination on the microbial environment and endogenous pig DNA was observed. This gave broad insight into the effect of surface burial and Western Montana; summer climate has on DNA degradation.

Lightman, Cynthia Ann Marbut

Graduate Student Theses, Dissertations, & Professional Papers

My thesis is a work of fiction wherein I imagine some of the potential transformations climate change will bring to the planet. Lightman is set in the near future with a touch of science fiction. The novel explores the power of community and the importance of multiple perspectives and knowledge systems. The plot revolves around the struggles of a group of characters living in a post-apocalyptic moment created by climate change. In this time, all modern infrastructure collapses, leaving my characters to learn how to survive without benefit of technology while traveling through a wilderness. They will encounter risks to …