Digital Commons Network^™

Obergefell, Masterpiece Cakeshop, Fulton, And Public-Private Partnerships: Unleashing V. Harnessing "Armies Of Compassion" 2.0?, Linda C. Mcclain

Faculty Scholarship

Fulton v. City of Philadelphia presented a by-now familiar constitutional claim: recognizing civil marriage equality—the right of persons to marry regardless of gender—inevitably and sharply conflicts with the religious liberty of persons and religious institutions who sincerely believe that marriage is the union of one man and one woman. While the Supreme Court’s 9-0 unanimous judgment in favor of Catholic Social Services (CSS) surprised Court-watchers, Chief Justice Roberts’s opinion did not signal consensus on the Court over how best to resolve the evident conflicts raised by the contract between CSS and the City of Philadelphia. This article argues that it …

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

Faculty Scholarship

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 …

Why Judges Can't Save Democracy, Robert L. Tsai

Faculty Scholarship

In The Specter of Dictatorship,¹ David Driesen has written a learned, lively book about the dangers of autocracy, weaving together incisive observations about democratic backsliding in other countries with a piercing critique of American teetering on the brink of executive authoritarianism at home. Driesen draws deeply and faithfully on the extant literature on comparative constitutionalism and democracy studies. He also builds on the work of scholars of the American political system who have documented the largely one-way transfer of power over foreign affairs to the executive branch. Driesen's thesis has a slight originalist cast, holding that "the Founders aimed …

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Faculty Scholarship

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …

Trust, Brutality, And Human Dignity: How “Partial Birth Abortion” Helps Shape American Biopolitics, George J. Annas

Faculty Scholarship

In this Article, I explore how nearly continuous public rhetorical challenges to abortion in the political realm first led the public and the courts to turn away from a particular abortion procedure (intact dilation and extraction, also known as partial-birth abortion) which political agitators labeled as “barbaric” and then to view physicians who performed abortions not as legitimate professionals, but simply as “abortionists,” and sometimes as evil “Frankensteins.” “Abortionists” use no “medical judgment” and are unworthy of deference by state legislatures, Congress, or the courts when deciding how or when to perform an abortion. The concentration on the welfare of …

The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's The Specter Of Dictatorship: Judicial Enabling Of Presidential Power (2021), Jed Handelsman Shugerman

Faculty Scholarship

In "The Specter of Dictatorship: Judicial Enabling of Presidential Power," David Driesen questions the unitary executive theory and other doctrines of unchecked executive power. He offers primarily a critique of purposivism, a mix of original public meaning and more recent history illuminating those purposes: the Founders’ anti-tyranny purpose and then the rise of European tyranny from Nazi Germany to contemporary Hungary, Turkey, and Poland.
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/="/">This review first focuses on Driesen’s approach to Congress: He identifies the broad congressional delegation of powers to the president as a source of expansive executive power, but he does not entertain that doctrines …

Removal Of Context: Blackstone, Limited Monarchy, And The Limits Of Unitary Originalism, Jed Handelsman Shugerman

Faculty Scholarship

The Supreme Court's recent decisions that the President has an unconditional or indefeasible removal power rely on textual and historical assumptions and a "removal of context." This article focuses on the "executive power" part of the Vesting Clause and particularly the unitary theorists' misuse of Blackstone. Unitary executive theorists overlook the problems of relying on England's limited monarchy: the era's rise of Parliamentary supremacy over the Crown and its power to eliminate or regulate (i.e., make defeasible) royal prerogatives. Unitary theorists provide no evidence that executive removal was ever identified as a "royal prerogative" or a default royal power. The …

Performance Assessment And Job Satisfaction Of Support Staff In Academic Libraries, Sajjad Ahmad Mr., Naveed Anwar Mr, Muhammad Tariq Dr.

Library Philosophy and Practice (e-journal)

The purpose of current study was to investigate about the job performance and job satisfaction of support staff working in academic libraries of Lahore. Supporting staff is performing many imperative duties in academic libraries and their role in libraries is very important. The objective of current study was to investigate the job performance through job satisfaction, to test relationship between job performance and job satisfaction and to investigate the moderating effect of hurdles in work between job satisfaction and job performance. Quantitative approach was adopted and survey method was used to achieve the objective of the study. Questionnaire with Urdu …

Social Justice As Desistance: Rethinking Approaches To Gender Violence, Deborah M. Weissman

Faculty Publications

Part I of this Article describes most domestic violence intervention programs (DVIPs) as they currently function with regard to gender violence. It critiques the structure of these programs, their close partnership with criminal legal system actors, perceived deficiencies, and it identifies missed opportunities to provide meaningful intervention strategies with those who have harmed. It demonstrates the ways that laws, regulations, and policies governing DVIPs constrain most programs from moving beyond established practices informed by punitive approaches to address the structural conditions that situate gender violence within a political economic framework.

Part II begins with a brief overview of the research …

A Taxonomy Of Professional Identity Formation, Harmony Decosimo

Faculty Publications

Following the ABA’s mandate requiring law schools provide students with opportunities for “professional identity formation,” this article seeks to clarify and loosely taxonomize the field of professional identity formation as it is being advanced by scholars and employed in U.S. law schools. By organizing this varied and somewhat muddled field into three dominant types or approaches and examining the primary and sometimes hidden goals of each, this article raises for review the potential pitfalls in this project, including the possibility of coercion, impotence, or waste. Ultimately, this article aims to pave the way for more constructive, transparent, and fruitful dialogue …

Defunding Police Agencies, Rick Su, Anthony O'Rourke, Guyora Binder

Faculty Publications

This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding bills checking local government reduction of law enforcement budgets. These anti-defunding measures continue a long tradition of state and federal control over local police spending, subverting local democratic control over police agencies. These limits include direct legal constraints on local police spending and indirect constraints through grants and authorization to collect fines, …

Preemption Of Police Reform: A Roadblock To Racial Justice, Rick Su, Marissa Roy, Nestor Davidson

Faculty Publications

In 2020, nearly half of the largest U.S. cities reoriented municipal spending priorities by directing money from their police budgets to social services; for many cities, these budgetary changes reversed decades of increases. Cities began implementing additional police reforms as well: New York City became the first municipality to end qualified immunity for police officers while San Francisco shifted to deploying crisis response teams, rather than police officers, to respond to mental health calls.

Instead of supporting these critical reforms, some states targeted cities that prioritized racial justice by preempting those cities’ ability to engage in meaningful change. In the …

Not Child’S Play: A Constitutional Game Of Pass The Story In Dobbs, Shurtleff, And Kennedy, John V. Orth, Paul T. Babie

Faculty Publications

This Article suggests that in the effort to find fixed standards for rights, working with vague, indeterminate, silent text, the Supreme Court engages in a constitutional game of pass the story. No one outcome concludes the story; it merely adds another chapter, to which the next set of judges will add their own installment. The quest for standards never ends. The Court’s decisions in Dobbs v. Jackson Women’s Health Organization, Shurtleff v. City of Boston, and Kennedy v. Bremerton School District are merely the latest installments in stories that began with the founding. And as with any such story, …

Precautionary Ratemaking, Jonas J. Monast

Faculty Publications

For more than one hundred years, states have relied on ratemaking to ensure that electric utilities deliver affordable and reliable power to their customers. This process helped keep costs down, but it also produced an electricity system that is a cause of, and vulnerable to, some of the most pressing challenges now facing society: climate change, catastrophic wildfires, extreme storms, and air and water pollution.

This Article argues that risk regulation is an alternate legal foundation for interpreting bedrock principles of ratemaking, such as prudency, reasonableness, least cost, and the public interest. The traditional economic regulator view of ratemaking evaluates …

Postnatal Osterix But Not Dmp1 Lineage Cells Significantly Contribute To Intramembranous Ossification In Three Preclinical Models Of Bone Injury, Evan G Buettmann, Susumu Yoneda, Pei Hu, Jennifer A Mckenzie, Matthew J Silva

2020-Current year OA Pubs

Murine models of long-bone fracture, stress fracture, and cortical defect are used to discern the cellular and molecular mediators of intramembranous and endochondral bone healing. Previous work has shown that Osterix (Osx

Differentiating Amyloid Beta Spread In Autosomal Dominant And Sporadic Alzheimer's Disease, Elizabeth Levitis, Jacob W Vogel, Thomas Funck, Vladimir Hachinski, Serge Gauthier, Jonathan Vöglein, Johannes Levin, Brian A Gordon, Tammie Benzinger, Yasser Iturria-Medina, Alan C Evans, Dominantly Inherited Alzheimer Network, Alzheimer’S Disease Neuroimaging Initiative

2020-Current year OA Pubs

Amyloid-beta deposition is one of the hallmark pathologies in both sporadic Alzheimer's disease and autosomal-dominant Alzheimer's disease, the latter of which is caused by mutations in genes involved in amyloid-beta processing. Despite amyloid-beta deposition being a centrepiece to both sporadic Alzheimer's disease and autosomal-dominant Alzheimer's disease, some differences between these Alzheimer's disease subtypes have been observed with respect to the spatial pattern of amyloid-beta. Previous work has shown that the spatial pattern of amyloid-beta in individuals spanning the sporadic Alzheimer's disease spectrum can be reproduced with high accuracy using an epidemic spreading model which simulates the diffusion of amyloid-beta across …

Preliminary Damages, Gideon Parchomovsky, Alex Stein

Vanderbilt Law Review

Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well-off. In this Essay, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the errant path of the law: preliminary damages. The unavailability of preliminary damages has dire implications for poor plaintiffs, especially those wronged by affluent individuals and corporations. Resource-constrained plaintiffs cannot afford prolonged litigation on account of their limited financial means. Consequently, they are forced to either forego suing …

Dynamic Corporate Purpose: Decentralizing The Choice Over Director Orientation, Fields Pierce

Vanderbilt Law Review

The debate over corporate purpose has turned into a “gordian knot” where parties with entrenched beliefs about what the corporation should or should not be within society refuse to waver. There are inherent flaws with the governance models proposed by academics, politicians, and practitioners alike, so a novel method for setting and maintaining corporate purpose is required. This Note asks why there must be a one-size-fits-all approach to purpose and proposes a solution: dynamic corporate purpose.

This Note argues that states should not mandate all corporations hold the same corporate purpose but instead should use the logic of the public …

In Defense Of Chapter 11 For Mass Torts, Anthony J. Casey, Joshua C. Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going concern value and lead to the dismemberment of valuable firms. Coordination among them is difficult as each claimant seeks to maximize its own recoveries. These are the very collective action and hold-out problems that bankruptcy proceedings are designed to solve. As such, bankruptcy proceedings are appropriate means of resolving mass torts as long as they …

The Role Of Word Knowledge In Error Detection: A Challenge To The Broken-Error-Monitor Account Of Dyslexia, Lindsay N. Harris, Benjamin Creed, Charles A. Perfetti, Benjamin Rickles

Faculty Articles, Papers, and Other Scholarship

Dyslexic children often fail to correct errors while reading aloud, and dyslexic adolescents and adults exhibit lower amplitudes of the error-related negativity (ERN)—the neural response to errors—than typical readers during silent reading. Past researchers therefore suggested that dyslexia may arise from a faulty error-detection mechanism that interferes with orthographic learning and text comprehension. An alternative possibility is that comprehension difficulty in dyslexics is primarily a downstream effect of low-quality lexical representations—that is, poor word knowledge. On this view the attenuated ERN in dyslexics is a byproduct, rather than a source, of underdeveloped orthographic knowledge. Because the second view implies a …

Introducing Conditional Probability Using The Monty Hall Problem, Ricela Feliciano-Semidei

Faculty Articles, Papers, and Other Scholarship

This study developed a teaching module that incorporated the Monty Hall problem to introduce conditional probability in a college introductory statistics course. This teaching module integrated a guess – experiment – discussion approach with game-based instruction. The researchers piloted this module and made modifications. The work of 20 non-mathematics major undergraduate students was examined for changes in their perceptions about conditional probability through a pre-and-post survey design. The Structure of the Observed Learning Outcome (SOLO) taxonomy was used for data analysis to show the quality of the student work. Findings suggest that most students’ perceptions were at higher levels after …

Impacting Website Visitor Engagement Through Information Provision, Will Buntin

Theses and Dissertations--Educational Leadership Studies

Enrollment in library science programs has been on a downward trend for several years (Association for Library and Information Science Education, n.d.). At the School of Information Science in the College of Communication and Information at the University of Kentucky, enrollment in the online library science master's program dropped 28% from 2012 to 2018. With a student population in fall 2018 of 177 and a targeted enrollment (set by program faculty) of 240, the program administration has been exploring ways to recruit more students without further stressing the resources available to the School. The Director and Assistant Director of the …

Meeting Transfer Students Where They Are: A New Organizational Approach To Transfer Student Communication, Support, And Recruitment, Daniel Wright

Theses and Dissertations--Educational Leadership Studies

Transfer students have long played a significant role in the growth and diversity of colleges and universities. Recent research points to a continuous decline in enrollment over the coming decade (Kelderman, Gardner, & Conley, 2019), and as tuition costs continue to increase and enrollment numbers decrease, institutions of higher education have begun turning to transfer students to fill their lecture halls and football stadiums. A key variable in higher education’s transfer recruitment blind spot is a fundamental lack of understanding of the structural and organizational changes needed to both attract and retain these non-traditional students (Tobolowsky & Cox, 2012). For …

Understanding The Impact Of A First-Year Engineering Program On Undergraduate Student Persistence In Engineering, Brad Hubbard

Theses and Dissertations--Educational Policy Studies and Evaluation

The goal of this research study was to understand the impact first-year engineering programs have on undergraduate student persistence in engineering. First-year engineering programs feature a uniform first year curriculum for undergraduate engineering students and are designed to strengthen retention and increase graduation rates. This study sought to understand which factors present in first-year engineering programs influence student persistence in engineering. This study took place in the local context and examined the experience of engineering undergraduate students enrolled in a first-year engineering (FYEng) program at a state-level flagship land grant research institution in the southern region of the United States, …

Etiology Of Firefighter Injuries: A Health Care Practitioner Perspective, Alyssa Quinn Eastman

Theses and Dissertations--Kinesiology and Health Promotion

BACKGROUND: Structural firefighting involves the performance of rigorous occupational tasks in unpredictable, dynamic, and hot environments which increases firefighters’ risk of injury. Specifically, the National Fire Protection Association reported that musculoskeletal injuries account for 56% of non-fireground and 41% of fireground injuries. Furthermore, physical training is the most common cause of injury, accounting for one-third of all injuries and resulting in 41% of post-injury absences from work. There is limited research identifying occupational and exercise injury risk factors among firefighters. However, experienced health care practitioners working with fire departments may provide critical insight into potential mechanisms of these common injuries. …

How Does Exposure To An Authentic English-Speaking Environment Contribute To Chinese International Students’ Academic Reading Comprehension?, Na Liu

Theses and Dissertations--Education Sciences

Chinese international students comprise the largest group of international students in U.S. universities. To better support international students to be successful in international higher education, Chinese students’ reading comprehension in English deserves attention. Using a qualitative research design, this study analyzed Chinese international students’ perceptions about their English reading comprehension in academic literacy, and how exposure to an English-speaking environment contributed to their reading comprehension development. There were 8 participants involved who have different genders (males and females), education levels (undergraduates and graduates), exposure time (less than one year and more than one year), and majors (chemistry, engineering, arts, etc.). …

Benefits Of The Modern Classroom Project In High School Mathematics, Micah Josiah Smith

Theses and Dissertations--Education Sciences

Previous research has shown that mathematical self-efficacy is positively correlated with mathematical achievement. However, in a high school classroom setting, teachers’ effectiveness varies based on experience, education, and how they incorporate certain pedagogical practices. The Modern Classroom Project was designed to have teachers integrate self-paced learning, mastery-based learning, metacognition, and blended instructions all within one classroom; with an emphasis placed on allowing students the opportunity to understand a particular skill before attempting the next skill. Discovering what components of the Modern Classroom Project enhances student’s self-efficacy score, and mathematical achievement was the focus of the study.

This explanatory sequential mixed-methods …

Validation Of An Early Childhood Emotional And Social Competence Instrument Using A Rasch Partial Credit Model, Nan Li

Theses and Dissertations--Education Sciences

The release of the Every Student Succeeds Act (ESSA) started a new chapter of education in the United States. The ESSA emphasizes the importance of preschool education; the act states that more resources will be devoted to preschool education, which lays the foundation for children’s school learning process. The goal of the act is to make sure children enter kindergarten education with equal preparatory. School, family, and researchers are paying more attention to developing preschool children’s social and emotional competency before entering Kindergarten. For understanding preschool children’s social and emotional skill development situation, instrument is the mostly widely adopted method …

Knitting Code: Examining The Relationship Between Knitting And Computational Thinking Skills Using The Nexus Of Practice, Emily Rose Dodson-Snowden

Theses and Dissertations--Education Sciences

Due to the rise of careers in STEM-related fields, there is a growing need for schools to produce people to fill these positions. One area of STEM that is growing is computer science/coding. Due to this demand, schools need to be intentional about exposing students to computer science/coding. There are a variety of new tools to introduce students to this field. One growing belief is that knitting can teach computer science/coding to students.

The goal of this study was to see if knitting can serve as an introduction to teach students computation skills. Kitting has historically been used to code …

Student Involvement & Growth: A Case Study On Student Stories Of Agency & Adulthood, Jamie Nicole Taylor

Theses and Dissertations--Educational Policy Studies and Evaluation

Often students face their most challenging life decisions and periods of growth during college. Engagement and involvement with their institution helps students develop socially and academically; some research shows that involvement can support other students’ needs as well. The goal of this project is to explore the ways in which students perceive their agency or sense of freedom of choice relative to their college engagement. Using multi-level data collection, consisting of a background recruitment survey and two interview sessions, the data generated in this layered approach came from the third-year student cohort at one state university in the southeastern US. …