Digital Commons Network^™

Imagining White Victims And Punishing Black Trauma: Whiteness, Anti-Blackness, Trauma, And Social Work In Canadian K-12 Schools, Christine Mayor

Theses and Dissertations (Comprehensive)

This study critically examined how whiteness and anti-Blackness structure Canadian school social workers’ understanding and responses to students’ expressions of trauma in K-12 schools. Very few studies have previously explored the damage that increasingly popular trauma-engaged school programs may be doing, particularly to Black students. Therefore, this study addressed the role that school social workers play in reproducing harm for racialized, and especially Black, students when implementing trauma-engaged practices.

This critical qualitative study used an innovative methodology combining fictional vignettes and semi-structured interview questions with Ontario school social workers (n=19). Data were analyzed using critical whiteness, anti-Blackness, and critical trauma …

Influence Of Dissolved Organic Matter On Phosphate Interactions With Hydrous Ferric Oxides, Alaa Hasan Alsherbi

Theses and Dissertations (Comprehensive)

Phosphorus, iron oxides, and dissolved organic matter (DOM) are components present in all aquatic systems. Excess amounts of phosphorus in aquatic systems have the potential for toxic effects, in particular, contributing to eutrophication. Most of the previous studies performed looked at the surface complexation of inorganic phosphate anions (P) to mineral surfaces such as hydrous ferric oxide (HFO). However, the role of DOM on the interactions between HFO and P is unknown. This study investigates the influence of DOM on the surface complexation of P onto HFO surfaces. Moreover, this study looks at the possibility of cation bridging formation (Ca …

Loose Coupling, Burden Shuffling, And Pervasive Penality: The Role Of Bylaw Enforcement In Managing Homelessness, Natasha Martino

Theses and Dissertations (Comprehensive)

In Canada, over 235,000 people experience homelessness per year. The COVID-19 pandemic has increased the visibility of homelessness and the use of homeless encampments across Ontario. As visibility has increased, so too have community members’ expectations to manage homelessness or find a solution to minimize the visibility of homelessness. While there has been some scholarship about the police management of homelessness, far less is known about the role of bylaw enforcement. Yet, bylaw officers play a critical role in responding to homelessness due to their increasing responsibility for enforcing municipal bylaws and COVID-19 public health mandates, such as stay at …

The Surprising Virtues Of Data Loyalty, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …

Defending The Defenders: Why Bureaucratic Independence Is A Necessary Supplement To Judicial Defense Of Democracy The Specter Of Dictatorship: Judicial Enabling Of Presidential Power, Andrea Scoseria Katz

Scholarship@WashULaw

A familiar story is being observed in countries ranging from Brazil to Australia, the United States, and Poland, as elected executives deploy a populist threat narrative to politicize the rule of law and entrench themselves in power. Out of the academy, a growing literature on democratic “backsliding” or “decline” proposes a menu of “guardrails” for shoring up democracy from gradual collapse. Broadly, these guardrails fall under two headings: I call one judicial, the other bureaucratic. The former looks to the power of judicial review, under which courts may invalidate enactments that threaten, not just the Constitution, but the very democratic …

Revisiting America's Guardrails The Constitution And Democratic Erosion Symposium, Andrea Scoseria Katz

Scholarship@WashULaw

A familiar story is being observed in countries ranging from Brazil to Australia, the United States, and Poland as elected executives deploy a populist threat narrative to politicize the rule of law and entrench themselves in power. Out of the academy, a growing literature proposes a menu of “guardrails” for shoring up democracy from backsliding or decline. Some see guardrails in society and culture, calling for rebuilding civic norms of tolerance. Others call for stricter rules in administering elections, to prevent undue influence. Others call for greater judicial intervention, tasking courts with striking down enactments that threaten the constitution or …

No New Tax Cuts? Examining The Rescue Plan's New State Tax Limits, Conor Clarke, Edward Fox

Scholarship@WashULaw

In this article, Clarke and Fox examine the American Rescue Plan Act’s restrictions on state tax cuts, arguing that the restrictions are a variation on more familiar maintenance-of-effort provisions. These provisions are common, and are designed to help ensure that federal grants supplement rather than supplant state spending by requiring the state to maintain its level of spending on a program. Clarke and Fox conclude that the Rescue Plan’s requirements create similar incentives, and argue that the similarity makes it more likely that the act’s tax provisions are consonant with the Constitution’s spending clause.

Do Social Movements Spur Corporate Change? The Rise Of 'Metoo Termination Rights' In Ceo Contracts, James Hicks, Rachel Arnow-Richman, Steven Davidoff Solomon

Scholarship@WashULaw

Do social movements spur corporate change? This Article sheds new empirical and theoretical light on the issue through an original study of executive contracts before and after MeToo. The MeToo movement, beginning in late 2017, exposed a workplace culture seemingly permissive of high-level, sex-based misconduct. Companies typically responded slowly and imposed few consequences on perpetrators, often allowing them to depart with lucrative exit packages. Why did companies reward rather than penalize bad actors, and has the movement disrupted this culture of complicity?

The passage of time since the height of the movement allows us to investigate these issues empirically, using …

The Rise And Fall Of Cryptocurrency: The Three Paths Forward, Joel Seligman

Scholarship@WashULaw

In a crash reminiscent of the 1929-1933 Stock Market crash in which prices on the New York Stock Exchange fell 83 percent between September 1929 and July 1932 or the 2007-2009 Financial Debacle in which the Dow Jones Industrial Average declined 54 percent between October 9, 2007 and March 9, 2009, crypto market capitalization fell 61 percent between November 2021 and May 2022, collapsing from an aggregate value of $2.9 trillion to $1.24 trillion. Bitcoin, the leading cryptocurrency which in late 2021 traded near $68,000 in November 2021 traded as low as $25,402 on May 10, 2022 (a decline of …

The New Bailments, Danielle D'Onfro

Scholarship@WashULaw

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …

Reframing The Question: Why Chevron - And Not A One-Size-Fits-All Interpretation Of “Substantially The Same” - Should Guide A Court’S Interpretation Of The Congressional Review Act’S Limitations On Future Rulemaking, Andrew Landolfi, Carly L. Hviding

Campbell Law Review

The Congressional Review Act (the CRA) is a Congressional oversight tool used to overturn rules issued by federal agencies. Beyond the immediate effect of blocking an undesirable agency rule, the CRA bars an agency from issuing another rule in “substantially the same form” as the disapproved rule. But the scope of this provision’s future effect on agency rulemaking remains unclear: the statute is silent as to what criteria should be considered in evaluating whether or when a subsequent rule falls into the “substantially the same” category, and the provision has gone untested in court. Rather than proposing a uniform interpretation …

Redefining “Misinformation,” “Disinformation,” And “Fake News”: Using Social Science Research To Form An Interdisciplinary Model Of Online Limited Forums On Social Media Platforms, Audrey C. Normandin

Campbell Law Review

“Misinformation,” “disinformation,” and “fake news” have spread division and contention through online social media platforms, resulting in adverse effects to various areas of science, politics, and public health. This Comment takes a deeper look into the underlying motivations and beliefs behind this phenomenon by presenting a cohesive summarization of the empirical evidence gained from social science research. These terms are reclassified as “conflicting information” to deemphasize the considerations of fact or fiction and emphasize the empirical data showing these terms are social signifiers connotating “in-group” and “out-group” divisions. After developing this backdrop of social science research, the current legal proposals …

Movement Probabilities Of Bigheaded Carps (Hypophthalmichthys Spp.) In The Illinois River Estimated From Markov Chain Monte Carlo Methods, A. A. Coulter, M. K. Brey, M. Lubjeko, J. L. Kalis, D. Coulter, D. C. Glover, G. W. Whitledge, J. E. Garvey

NRM Departmental Data Sets

Previously published work used program MARK to estimate parameters for multistate models for Bighead Carp (Hypophthalmichthys nobilis) and Silver Carp (H. molitrix) (Coulter et al. 2018) movements in the Illinois River. Multistate models estimate transition probability (psi), survival probability (S), and detection probability (p) and models with those parameters varying by state and time (state*time), just state (state), just time (time), and neither (.) were evaluated for each species (Coulter et al. 2018). Using the format of the top model for each species identified in Coulter et al. (2018), Markov Chain Monte Carlo (MCMC) methods were …

Project-Based Learning In Non-Traditional Settings In Engineering Education, Mary Foss

Electronic Theses and Dissertations

The purpose of this study is to examine the effectiveness of utilizing the principles of Project-based learning (PJBL) in nontraditional settings in engineering education. There is ample literature related to the usage of PJBL techniques in engineering education but there are also challenges with incorporating PJBL within the curriculum. It is the aim of this dissertation to build upon this understanding of the advantages and limitations of PJBL in engineering education and identify areas within the existing body of knowledge in which more research is needed. This dissertation divides this topic into 4 sub-topics. The first sub-topic explores how PJBL …

Punitive Surveillance, Kate Weisburd

Faculty Scholarship

Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone tracking, and suspicionless searches of electronic devices—is often touted as a humane substitute for incarceration. This type of monitoring, which I term “punitive surveillance,” allows government officials, law enforcement, and for-profit companies to track, record, search, and analyze the location, biometric data, and other meta-data of thousands of people on probation and parole. With virtually no legal oversight or restraint, punitive surveillance deprives people …

Permitting Seaweed Cultivation For Carbon Sequestration In California: Barriers And Recommendations, Korey Silverman-Roati, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Interest is growing in seaweed cultivation and sequestration as a carbon dioxide removal strategy. This white paper explores the barriers to seaweed permitting for carbon sequestration in California, including a complex, costly, and time-consuming lease and permitting process. Other states in the U.S., namely Maine and Alaska, have permitting systems designed to be more supportive of seaweed cultivation. This paper describes the legal framework for seaweed cultivation permitting in California and discusses the permitting systems in Maine and Alaska. The paper then explores possible reforms to streamline California’s permitting process, while maintaining appropriate environmental and other safeguards.

A Theory Of Constitutional Norms, Ashraf Ahmed

Faculty Scholarship

The political convulsions of the past decade have fueled acute interest in constitutional norms or “conventions.” Despite intense scholarly attention, existing accounts are incomplete and do not answer at least one or more of three major questions: (1) What must all constitutional norms do? (2) What makes them conventional? (3) And why are they constitutional?

This Article advances an original theory of constitutional norms that answers these questions. First, it defines them and explains their general character: they are normative, contingent, and arbitrary practices that implement constitutional text and principle. Most scholars have foregone examining how norms are conventional or …

Structural Biases In Structural Constitutional Law, Jonathan S. Gould, David E. Pozen

Faculty Scholarship

Structural constitutional law regulates the workings of government and supplies the rules of the political game. Whether by design or by accident, these rules sometimes tilt the playing field for or against certain political factions – not just episodically, based on who holds power at a given moment, but systematically over time – in terms of electoral outcomes or policy objectives. In these instances, structural constitutional law is itself structurally biased.

This Article identifies and begins to develop the concept of such structural biases, with a focus on biases affecting the major political parties. Recent years have witnessed a revival …

Removing Carbon Dioxide Through Artificial Upwelling And Downwelling: Legal Challenges And Opportunities, Romany M. Webb, Korey Silverman-Roati, Michael B. Gerrard

Faculty Scholarship

A 2022 report by the Intergovernmental Panel on Climate Change warned that, to keep global average temperatures within 1.5oC above pre-industrial levels, emissions must reach net-zero by mid-century. The report concluded that achieving net-zero emissions will require the removal of carbon dioxide from the atmosphere “to counterbalance hard-to-abate emissions” from sectors like agriculture, aviation, and shipping. The report further noted that, if deployed at large scales, carbon dioxide removal (“CDR”) could also be used to achieve net negative emissions and thus effectively reduce the atmospheric concentration of carbon dioxide.

A variety of CDR techniques, both terrestrial and ocean-based, have been …

Discriminatory Taint, Kerrel Murray

Faculty Scholarship

The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of an earlier, discriminatory policy, especially if the policies diverge in design and designer? Does such a relationship condemn the later policy for all times and purposes, or can a later decisionmaker escape the past? It is an old problem, but its resolution hardly seems impending. Just recently, Supreme Court cases have confronted this fact pattern across subject matters as diverse as entry restrictions, nonunanimous juries, and redistricting, among others. Majority opinions seem unsure whether or why …

Dual Federalism, Constitutional Openings, And The Convention On The Rights Of Persons With Disabilities, Benjamin Barsky

Faculty Scholarship

The Convention on the Rights of Persons with Disabilities (“CRPD”) represents a historic achievement for the global disability rights movement. Yet, when the U.S. Senate refused to ratify it on December 4, 2012, its influence on American law and policy seemed doomed. The Founders, after all, had conceived of a constitutional vision where the federal government acts as the ultimate arbiter of questions of international policy. Under this vision of “dual federalism”—which dominated how the legal profession understood U.S. involvement in foreign affairs for over a century—only the federal political branches have the power to make and implement international laws …

The Effect Of Resource Scarcity On Consumer Ethical Behavior, Todd C. Haderlie Jr, Jaehoon Lee

AMTP Proceedings 2022

We identify a novel relationship between scarcity and ethical behavior. When resource scarcity is made salient, consumers engage in less ethical behavior. Furthermore, the effect of resource scarcity on ethical behavior is stronger for consumers with high (vs. low) levels of the inclusion of others in the self (IOS).

Anti-Consumption: A Preliminary Examination Of A Set Of Social Considerations That Impact A Consumer’S Decision To ‘Punish’ Marketers Deemed To Be Engaging In Irresponsible Behavior, Tammy Mccullough, Ania Izabela Rynarzewska, Sam Fullerton

AMTP Proceedings 2022

A sample of 175 students from two universities provided insight regarding the rationale for engaging in anti-consumption behavior. A review of the literature identified myriad reasons why consumers engage in personal boycotts. This study examines 12 of these reasons: environmental concerns, political stance, religious orientation/affiliation, country-of-origin (COO), attitudes towards the LGBTQ community, the size of the marketer, the use of disliked celebrity endorsers, the use of offensive marketing tactics (e.g. advertising), animal cruelty including the use of live animal testing, perceived violations of basic human rights, employing a nonunionized workforce, and employment-related discrimination based on the gender, age, race, religion, …

Search Strategies For "Settings And Components Of Comprehensive Childhood Asthma Care Models: A Scoping Review", Alamelu Udayappan, Bibhusha Karki, Aislinn C. Rookwood, Cynthia M. Schmidt, Chad Abresch

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.

Search Strategies For "Agricultural Exposures And Risk Of Childhood Neuroblastoma: A Systematic Review And Meta-Analysis", Emma Hymel, Abraham Degarege, Jordan Fritch, Evi A. Farazi, Krishtee Napit, Don W. Coulter, Cynthia M. Schmidt, Shinobu Watanabe-Galloway

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.

Litmag 22, University Of Missouri-St. Louis

Litmag

Litmag’s mission is to nurture the creativity of the students, staff, and alumni of UMSL by increasing awareness of diverse literary and artistic talent. We aim to provide an inclusive, professional and high-quality publication free of charge to UMSL and the local community.

As editors, our goal for the 2022 issue was to transform our experiences into art that honors and enriches our individual and communal lives. Art allows us to process both our joyous and heartbreaking moments, and we believe that Litmag provides space for us to share in this reflection together. The UMSL community’s varied artistic voices weave …

Contact Tracing Cell Phone Apps And Wearable Devices: The Fourth Amendment Issues Confronting Public Employers, Marc Chase Mcallister

Maryland Law Review

No abstract provided.

Resequencing Worldwide Spinach Germplasm For Identification Of Field Resistance Qtls To Downy Mildew And Assessment Of Genomic Selection Methods, Gehendra Bhattarai, Ainong Shi, Beiquan Mou, James C. Correll

Horticulture Faculty Publications and Presentations

Downy mildew, commercially the most important disease of spinach, is caused by the obligate oomycete Peronospora effusa. In the past two decades, new pathogen races have repeatedly overcome the resistance used in newly released cultivars, urging the need for more durable resistance. Commercial spinach cultivars are bred with major R genes to impart resistance to downy mildew pathogens and are effective against some pathogen races/isolates. This work aimed to evaluate the worldwide USDA spinach germplasm collections and commercial cultivars for resistance to downy mildew pathogen in the field condition under natural inoculum pressure and conduct genome wide association analysis …

Countering The New Election Subversion: The Democracy Principle And The Role Of State Courts, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

Among the threats to American democracy, the most serious may also be the most banal: future elections will be compromised by quiet changes to the law. State legislators across the country have introduced bills that give them power to reject the will of voters. They have established sham audits and investigations. And they have created new criminal offenses that undermine professional election administration. While power-shifting legislation, audits, and criminal penalties advertise their fealty to law, they threaten the franchise and electoral integrity, as well as nonpartisan, expert election administration. Because of its ostensibly legal, even legalistic, character, however, the new …

Relying On Restatements, Shyamkrishna Balganesh

Faculty Scholarship

Restatements of the Law occupy a unique place in the Americanlegal system. For nearly a century, they have played a prominent and influential role as legal texts that courts routinely rely on in a wide variety of fields. Despite their ubiquitous and pervasive use by courts, Restatements are not formal sources of law. While they resemble statutes in their form and structure, Restatements are produced entirely by a private organization of experts set up to clarify and simplify the law and thus lack the force of law on their own. And yet, courts treat them as formal and authoritative sources …