Digital Commons Network^™

Police Secrecy Exceptionalism, Christina Koningisor

Faculty Scholarship

Every state has a set of transparency statutes that bind state and local governments. In theory, these statutes apply with equal force to every agency. Yet, in practice, law enforcement agencies enjoy a wide variety of unique secrecy protections denied to other government entities. Legislators write police-specific exemptions into public records laws. Judges develop procedural approaches that they apply exclusively to police and prosecutorial records. Police departments claim special secrecy protections from the bottom up. This Article maps the legal infrastructure of police-records secrecy. It draws upon the text of the public records statutes in all fifty states, along with …

Public Undersight, Christina Koningisor

Faculty Scholarship

No abstract provided.

Secrecy Creep, Christina Koningisor

Faculty Scholarship

Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on federal secrecy, rarely exploring secrecy in other contexts. This Article addresses this gap. It turns its attention to state and local government secrets, applying the lens of federal secrecy to the subfederal regime. In doing so, it identifies a troubling new development in state and local law: the migration of powerful federal secrecy protections, initially developed to shield the national security state, into the state and local context. I refer to this process as “secrecy creep.” By illuminating the architecture …

Transparency Deserts, Christina Koningisor

Faculty Scholarship

Few contest the importance of a robust transparency regime in a democratic system of government. In the United States, the “crown jewel” of this regime is the Freedom of Information Act (FOIA). Yet despite widespread agreement about the importance of transparency in government, few are satisfied with FOIA. Since its enactment, the statute has engendered criticism from transparency advocates and critics alike for insufficiently serving the needs of both the public and the government. Legal scholars have widely documented these flaws in the federal public records law. In contrast, scholars have paid comparatively little attention to transparency laws at the …

The De Facto Reporter's Privilege, Christina Koningisor

Faculty Scholarship

abstract. While the overwhelming majority of states have established constitutional, statu- tory, or common-law protections for reporters who shield the identity of a confidential source, there is no uniform, crosscutting federal reporter’s privilege. As a consequence, reporters subpoe- naed in federal cases often lack effective formal protections. This can have a chilling effect on news- gathering: sources—and reporters—may find little comfort in knowing that a source’s anonymity is preserved only at a judge’s or prosecutor’s discretion or by a reporter’s willingness to go to jail. For decades, both those in favor of a formal federal reporter’s privilege and those opposed …

The Negotiable Implementation Of Environmental Law, Dave Owen

Faculty Scholarship

tional wisdom describes environmental law as a field filled with rigid mandates. ith that rigidity as a key premise, and they allege that inflexibility is a central failing or, alternatively, a squandered virtue. Influential reform proposals follow from both allegations. This Article demonstrates that these premises are often mistaken. Based on literature reviews and interviews with environmental-law practitioners, it shows that flexibility pervades environmental law, and regulators, regulated entities, and other interest groups routinely use negotiations to navigate that flexibility. Indeed, negotiation is so central to the field that one cannot understand environmental law, either in theory or practice, without …

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Touro Law Review

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White

Touro Law Review

Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …

Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer

Touro Law Review

What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …

Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson

Touro Law Review

The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …

Strategic Planning In Oral Health Improvement, R. Patel, R. Witton

Peninsula Dental School

No abstract provided.

Disparate Discrimination, Leah M. Litman

Michigan Law Review

This Article explains and analyzes a recent trend in the Supreme Court’s cases regarding unintentional discrimination, where the argument is that a law has the effect of producing a disadvantage on members of a particular group. In religious discrimination cases, the Court has held that a law is presumptively unconstitutional if the law results in a comparable secular activity being treated more favorably than religious activity. Yet in racial discrimination cases, the Court has said the mere fact that a law more severely disadvantages racial minorities as a group does not suffice to establish unlawful discrimination.

The two tracks for …

Asexuality And Demisexuality: Clinical Implications Of Sexual Identity, Michael Scott Fiorini

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

This paper considers demisexuality as an identity and sexual orientation for use by psychologists using historical, sociological, and psychological perspectives. It discusses the clinical implications of demisexuality as an identity and orientation distinct from asexuality. The paper discusses applications and limitations of defining and identifying demisexuality in a clinical population and it's social, scientific, and contextual significance. The paper compares what can be observed with existing diagnostic guidelines present in the DSM-5 for the identification of Female Sexual Interest/Arousal Disorder (FSIAD) and Male Hypoactive Sexual Desire Disorder (MHSDD). The paper proposes guidelines for the diagnosis and the ethical clinical treatment …

Mothers’ Understanding Of Brain Development In Early Childhood: A Qualitative Study In Brazil, Marina Sayuri Yakuwa, Letícia Pancieri, Sarah Neill, Mello Df De

School of Nursing and Midwifery

To analyze mothers’ understanding of child brain development and their stimulus practices with children in the first months of life. Qualitative research, with 18 Brazilian mothers, over 18 years of age, used semi-structured interviews to identify their perspectives on important healthcare outcomes, based on reflexive thematic analysis. Mother’s accounts displayed little understanding of child brain development, focusing on the development of neuropsychomotor skills. There was relative uncertainty about the daily care practices that would provide appropriate child stimuli, through which to provide promotion and protection of child development. Maternal knowledge about child brain development indicates a need to strengthen parenting …

Life Experiences Of Head Start Teachers In A Midwestern Region Pursuing Higher Education, Jeanette O. Keyes

Walden Dissertations and Doctoral Studies

AbstractThe 2007 Head Start Reauthorization Act mandated that all Head Start teachers have at least an associate degree and 50% of teachers within each Head Start program should have a baccalaureate degree in early childhood education. The problem addressed in this study was that Head Start teachers from a Midwestern region encountered barriers as they pursued higher education to meet mandated requirements to continue employment. The purpose of this study was to explore the life experiences, barriers, coping strategies and views of support needed by Head Start teachers who were completing their degrees. Tinto’s academic and social integration model and …

First Responders’ Assumptions: An Exploration Of Emergency Medical Technicians’ Secondary Traumatic Stress And Perceptions Of Substance Users, Glenn Noble

Graduate Theses, Dissertations, and Problem Reports (ETD)

Emergency medical technicians (EMT) and firefighters respond to critical incidents and provide emergent care. As the opioid crisis continues and drug overdose rates increase, first responders administer first aid to substance users, including Naloxone, more frequently. This study examined the influence of repeated exposure to drug-related critical incidents and provision of care to substance users on EMTs' and firefighters' secondary traumatic stress (STS) level, world assumptions, and substance use stigma. First responders' world assumptions, STS, burnout, and exposure to drug-related overdoses were analyzed for their power in predicting substance use stigma. Results suggest that occupational burnout, rather than STS, is …

The Business Of Behavior: Appalachian Teachers’ Experiences In Using Positive Behavior Interventions And Support, Erin Michele Coffield

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores the lived experiences of Appalachian elementary and middle school teachers who have been identified as working in Positive Behavior Intervention and Support (PBIS) schools. This study used Lifeworld Theory to engage in discussion about the teachers’ individual experiences in using PBIS in their classrooms in relation to resilience frameworks and childhood trauma. The teachers’ individual experiences were analyzed using a Whole-Part-Whole analysis to bring the individual stories together to better understand how PBIS and childhood trauma are experienced in a specific Appalachian school. Discussion opens up through the participants' experiences about grit models in school, trauma their …

Assessment Of Electronic Cigarette User Terminology And Knowledge Using Mixed Methods, Margaret G. Childers-Kakos

Graduate Theses, Dissertations, and Problem Reports (ETD)

Electronic cigarettes (ECIGs) have evolved rapidly over the past several years, and it is unclear if terminology used when assessing ECIG knowledge and use behavior has objective and well-understood definitions between consumers, as well as between consumers and the research community. The purpose of this study was to use semi-structured interviews to obtain a better understanding of ECIGs from the perspective of regular ECIG users. One-hour interviews consisted of both open- and closed-ended questions. Questions probed the terminology used by participants to describe both individual and combination device features, as well as ECIG use behaviors. Qualitative data was used to …

Seeing Our Voices: Using Photovoice With Trauma-Affected Black Women College Students Within A Pwi To Explore Success And Persistence, Dariane B. Drake

Graduate Theses, Dissertations, and Problem Reports (ETD)

The number of students reporting or seeking assistance for trauma has steadily risen over time. Research suggests that between 67% and 84% of students in college will experience a potentially traumatic event (PTE) in their lifetime. This percentage increases for women and for Black students. As the number of PTE exposure rises so too does the need to understand how trauma impacts education, learning, and personal development. Researchers have expressed a growing concern over the needs of trauma-affected students in recent decades. There is a dearth of research on the experiences of trauma-affected students and their overall inability to persist …

Investigating The Interplay Of The Immune System, Skin Barrier, And Microbiome Following Dermal Exposure To Triclosan, Rachel Baur

Graduate Theses, Dissertations, and Problem Reports (ETD)

Triclosan is an antimicrobial chemical used in healthcare products that are applied to the skin. However, exposure to triclosan has been positively associated with food allergy, aeroallergy, and asthma severity in humans. In mice, dermal triclosan exposure, although not directly sensitizing, has been shown to augment the allergic response in a model of asthma. Furthermore, exposure to triclosan on mouse skin has been demonstrated to be immunomodulatory through the activity of thymic stromal lymphopoietin and S100 calcium-binding protein A8. The skin barrier and microbiome are known to interact with the immune system and disruptions in barrier integrity and the microbiome …

A Narrative Inquiry Into The Influence Of School Shooting Survival On College Transition And Experience, Jayne M. Piskorik

Graduate Theses, Dissertations, and Problem Reports (ETD)

There is an extensive body of school-related shooting research exploring causes, how to recognize a threat, and what preparedness measures are effective (Lee et al., 2020; Muchert, 2007). However, there is insufficient research on how the broader context of school-related shootings in American society has influenced college-aged students. The purpose of this study was to tell the story of how students have been influenced by their experience surviving the 2018 Marjory Stoneman Douglas High School shooting during their transition to and performance in higher education. Narrative inquiry provided a deeper understanding through narrative retelling of the perceptions, decisions, and experiences …

Ero1Α Promotes Tumorigenesis In Egfr Driven Nsclc, Brennan D. Johnson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Non-Small Cell Lung Cancer (NSCLC) is a pulmonary malignancy most commonly associated with smoking, or exposure to asbestos or Radon. Approximately, 1.6 Million deaths occur each year due to lung cancer. Lung Cancer is categorized by two main types, Small Cell Lung Cancer (SCLC) and NSCLC. NSCLC accounts for approximately 85% of all lung cancer cases and is subdivided into three sub-categories: Adenocarcinoma, the most common and leading cause of death in the United States; Squamous Cell Carcinoma (SCC), and Large Cell Carcinoma. Though NSCLC treatment regimens have shown increasing clinical benefit over the last two decades with targeted therapies. …

Bacterial Contamination In Public Atac-Seq Data And Alignment-Free Detection Methods, Drake Michael Aesoph

Graduate Theses, Dissertations, and Problem Reports (ETD)

ATAC-seq is a new high-throughput sequencing technology for measuring chromatin accessibility within genomic samples. It can be used to discover new information about open regions, nucleosome positions, transcription factor binding sites, and DNA methylation. It is especially useful when combined with other next-generation sequencing techniques, such as RNA-seq. Unlike previous technologies, however, ATAC-seq is more sensitive to bacterial contamination, which is a well-known problem in cell cultures that can lead to incorrect experimental results. Previous studies have measured the contamination in public RNA-seq data and found that 5%- 10% of samples were contaminated. In this report, we investigate the prevalence …

Incentive Analysis Of Blockchain Technology, Rahul Reddy Annareddy

Graduate Theses, Dissertations, and Problem Reports (ETD)

Blockchain technology was invented in the Bitcoin whitepaper released in 2008. Since then, several decentralized cryptocurrencies and applications have become mainstream. There has been an immense amount of engineering effort put into developing blockchain networks. Relatively few projects backed by blockchain technology have succeeded and maintained a large community of developers, users, and customers, while many popular projects with billions of dollars in funding and market capitalizations have turned out to be complete scams.

This thesis discusses the technological innovations introduced in the Bitcoin whitepaper and the following work of the last fifteen years that has enabled blockchain technology. A …

Lived Experience Of Albanian Migrants Who Became Obese After Moving To The United States, Briseida Xhelaj

Walden Dissertations and Doctoral Studies

The problem of obesity is significant in the United States, and more information is needed about the factors that increase the risk for obesity among migrant populations like Albanian Americans. The purpose of this study was to discover the lived experience of Albanian migrants who became obese after moving to the United States. This study was guided by the social ecological model. The research questions were used to examine how individual, relationship, community, and societal level factors impacted lifestyle changes and obesity for Albanian American migrants after moving to the United States. This qualitative study involved the use of a …

Tumor-Targeted Ph-Sensitive Manganese Oxide Nanoparticle For Enhanced Detection Of Breast Cancer Using Mri, Celia Martinez De La Torre

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the United States, approximately 287,850 new cases of invasive breast cancer will be diagnosed, and over 43,000 women will die because of it in 2022. Currently, mammography is the gold standard for breast cancer surveillance. Although this detection technique is relatively cheap and fast, it misses about 1 in 5 breast cancers in younger women with dense breast tissue, causing a delay in treatment. Compared to mammography, magnetic resonance imaging (MRI) has superior soft-tissue contrast that elucidates structural differences within soft tissue to detect more breast cancers. However, MRI still misses

NEMO particles were produced by synthesizing manganese oxide …

Fantasies Of Race And Place: White Nationalist And Alt-Right Undercurrents In Fantasy Roleplaying Games, Mark Hines

Theses and Dissertations--English

Representations of fantasy settings in roleplaying games often draw upon understandings of the medieval and early Renaissance world. This dynamic often extends to racial politics in such worlds. For the contemporary roleplaying game, this often means that game mechanics are built around race, species, or gender. Often, players interpret such mechanics as a means of bioessentializing race or practicing stereotypes rooted in Eurocentric morality and values.

This thesis examines the underlying rhetoric and implicit stakes by which race in fantasy worlds overlaps with the rhetoric and proposed stakes of White Nationalist and Alt-right actors. As fantasy roleplaying games, and especially …

Twenty-First Century Adaptations Of Early Twentieth Century American Protest Literature, Kathryn J. Mcclain

Theses and Dissertations--English

Twenty-First Century Adaptations of Early Twentieth Century American Protest Literature examines the resurgence of didactic political literature in the United States during the 21st century, specifically adaptations of early 20th century American leftist protest works by authors such as Upton Sinclair, Jack London, and Richard Wright. While the most political aspects of these writers’ fiction are often either criticized as too politically overt – such as Sinclair’s The Jungle and Wright’s Native Son – or forgotten in favor of an author’s perceived literary merit – London’s The Iron Heel in comparison to his other works like Call of the Wild …

The Z Factor: Generation Z And The Perspectives Of Recruitment Professionals On Sustaining Small Private Liberal Arts Institutions During A Decade Of Expected Decline In Higher Education Enrollment, Shawn Adkins

Theses and Dissertations

The increased competitive nature of higher education institutions has caused many small private liberal arts colleges/universities to struggle economically. The cost of keeping such institutions viable is high. Many institutions have had to raise tuitions rates, which resulted in decreased enrollment numbers. As a result, many institutions have been struggling; some even closing. The influences and interferences of college choice among current college-aged students (known as Generation Z) were reviewed with recruitment professionals from a handful of such institutions for this qualitative, constructivist grounded theory study. Data was collected by reviewing relevant research literature and conducting interviews with participants from …

They May Not Believe You Remembered That Nose: Juror Perceptions Of Eyewitness' Featural Justifications, Mary Cops

Theses and Dissertations

The featural justification effect occurs when an eyewitness provides a confidence statement at the time of lineup identification that includes reference to a facial feature or component that aided them in their identification (Dodson & Dobolyi, 2015, 2017, 2018; Slane & Dodson, 2019). The result of the effect, found across several manipulations, is that jurors tend to discredit the confidence of an eyewitness that references a facial feature (such as eyes, nose, chin) in the identification statement. The current studies examined featural justification, along with eyewitness viewing conditions and legal safeguards. Participants were presented with either expert testimony (study 1) …