Digital Commons Network^™

Litigating The Separation Of Powers, Elizabeth Earle Beske

Scholarly Articles in Law Reviews & Journals

The Roberts Court, in marked contrast to its predecessor, has embraced the role of the federal judiciary in resolving clashes between coordinate branches, but it has done so without adequately grappling with Rehnquist-era justiciability hurdles. Constrained by Raines v. Byrd, the 1997 case in which Chief Justice Rehnquist purported in broad strokes to shut down institutional standing, the Roberts Court has relied primarily on individual litigants to raise separation-of-powers claims as defenses in enforcement proceedings. Primary reliance on individual litigants is problematic. First, it is difficult to square with conventional conceptions of injury in fact. Individual litigants have traditionally …

Litigating The Separation Of Powers, Elizabeth Earle Beske

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What Inclusive Instructors Do Book Review, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Inclusive teaching is not just an aspirational goal. It is our ethical obligation to students. Our students can spend years dreaming of attending law school and working to achieve that goal. They can spend decades paying off the costs of attendance. Law faculty owe every student of all backgrounds, races, religions, genders, learning abilities, ages, socioeconomic statuses, immigration statuses, and military statuses an environment in which they feel like they belong and can thrive. WHAT INCLUSIVE INSTRUCTORS Do powerfully reminds us that inclusive teaching is not identified by obscenity law's "I know it when I see it" murkiness. Rather, it …

Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek

Scholarly Articles in Law Reviews & Journals

This article focuses on rising tensions and conflicts (perceived and actual) occurring among guardianships, special needs trusts (SNT) and other protective arrangements. The authors focus on three distinctly different applications, guiding participants through 1) Guardianship versus an SNT; 2) Supported decision-making versus an SNT; and 3) Guardianship versus other less restrictive options, including, but not limited to, an Achieving a Better Life Experience (ABLE) account, a representative payee, and a pooled SNT.

In Memoriam Professor Emeritus Egon Guttmon, Claudio Grossman, Walter A. Effross, David Snyder

Scholarly Articles in Law Reviews & Journals

When I think about Egon, the first thing that comes to mind are the memories when we met in 1982 at the Washington College of Law (WCL), where he was working as a full-time faculty member. I was coming at that time from my sabbatical in the Netherlands and as a Fulbright Scholar. From the beginning, Egon sought to provide me with a welcoming environment. He approached me, finding shared backgrounds and interests, which is always greatly appreciated, particularly when you are in a new institution. Egon noted that we both had an intellectual interest in international law. In addition …

A Review Of The Alien Fishes Of Turkish Inland Waters, Erdoğan Çi̇çek, Soheil Eagderi, Sevi̇l Sungur

Turkish Journal of Zoology

Aquaculture, recreational fishing, restocking, biological control, and the ornamental fish trade have increased the number of nonnative fish in Turkish inland waters. This work reviews the history, current state, and tendencies of fish introductions into Turkish freshwaters. To date, it is known that a total of 34 exotic species (except two marine and three misidentified species) have been introduced deliberately or accidentally into Turkish inland waters, of which, only 19 species have been established in wild ecosystems. A total of five acclimatized species, viz. Coregonus lavaretus, C. macrophthalmus, Salmo salar, Salvelinus alpinus, and S. fontinalis and four species, viz. Hypophthalmichthys …

An Updated And Annotated Checklist Of The Malacostraca (Crustacea) Species Inhabitedturkish Inland Waters, Mehmet İpek, Murat Özbek

Turkish Journal of Zoology

The current status and annotated checklist of fresh- and brackish-water amphipod species inhabiting the inland waters (streams, lakes, ponds, lagoons, subterranean waters, etc.) of Turkey is presented. Totally, 171 papers, 3 books, 3 book chapters, 5 conference papers, 2 projects, 3 PhD and 3 MSc thesis were examined in the present study. As the result of the previous records, 201 taxa comprising 121 amphipods (16 families, 31 genera), 27 isopods (9 families, 13 genera), 9 mysids (1 family, 5 genera), 4 tanaids (3 families, 4 genera) and 40 decapods (16 families, 18 genera) were compiled. All the previously recorded localities …

Marine Mucilage In The Sea Of Marmara And Its Effects On The Marine Ecosystem: Mass Deaths, Uğur Karadurmuş, Mustafa Sari

Turkish Journal of Zoology

In April of 2021, there was a massive explosion of marine mucilage in the Sea of Marmara, as a result, many invertebrates of marine communities suffered mass mortality. We summarize our results about the devastating effect of mucilage bloom on mass deaths in the Sea of Marmara. The phenomena were lethal to the pelagic fishes and crustaceans, and individuals were impacted severely smothered by mucilage or anoxia. Mucilage accumulations have shown their effectiveness in many areas around the Kapıdağ Peninsula. Misakça, Şirinçavuş, Narlı, and Tatlısu regions, where mass death cases occurred, were selected as study areas, and these areas are …

Comparative Diversity Of Heteroptera (Hemiptera) In Fruit Orchards, Gülay Kaçar, Ahmet Dursun

Turkish Journal of Zoology

Among phytophagous insects, the Heteroptera (Hemiptera), true bugs, are economically important because of damage crops by sucking plant organs and by transmitting plant pathogens. The diversity and distribution of Heteroptera species associated with fruits were investigated in hazelnut, cherry, and apple orchards in the crop season of Bolu and Düzce provinces from May 2015 to October 2016. The species were collected with a Steiner funnel from three fruit varieties from two provinces and for each area at different vegetation in the western Black Sea Region. The highest number of sucking bug species and the greatest diversity occurred on hazelnut. A …

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

The Bridwell Quarterly. Issue 14, Winter 2022, Michelle Ried

Bridwell Library Publications

No abstract provided.

For Grand Juries, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

In his provocative essay, Against Prosecutors, Professor Bennett Capers contributed to a now-robust conversation that was on the fringes just a decade ago. Although it remains to be seen whether the pendulum will swing away from the engagement with abolitionist theory that intensified in the wake of the May 2020 murder of George Floyd, a number of serious thinkers have staked out ground questioning the dogma that organs of the criminal legal system are inevitable.

Refusing to be burdened by conventions of the past, Capers trains his sights on another criminal justice institution—public prosecution. Although prosecutors long have been criticized …

Citizen's Arrest And Race, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

I begin with a mea culpa. In 2016, I published an article about citizen’s arrest. The idea for the article arose in 2014, when a disgruntled Virginia citizen attempted to arrest a law school professor while class was in progress. I set out to research and write a “traditional” law review article. In it, I traced the origins of the doctrine of citizen’s arrest to medieval England, imposing a positive duty on citizens to assist the King in seeking out suspected offenders and detaining them. I observed that the need for citizen’s arrest lessened with the development of organized and …

Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …

[Marked Confidential]: Negative Externalities Of Discovery Secrecy, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

Current unprecedented levels of secrecy in civil discovery create significant negative externalities by preventing our adversary system from measuring up to the broad public goals that justify it. First, excessive discovery secrecy undermines the courts and the public’s ability to correct distortions of the truth-seeking function of the adversary system caused by excessive partisanship and confirmation bias. Second, it weakens the adversary system’s promotion of liberal democratic values, such as transparency and self-government. Third, it threatens the adversary system’s role in upholding human dignity, understood either as respect or status. To correct the negative externalities caused by excessive discovery secrecy, …

The Invasion Of Ukraine: A Gross Violation Of International Law, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

In recent weeks, humanity has witnessed a war in Europe as a result of Russia’s unjustified invasion of Ukraine.

Athletic Trainers' Ability To Establish Peripheral Intravenous Access, Elizabeth Mccormack

Health Nutrition and Exercise Science

Certified athletic trainers (AT) are usually the first to respond to an athletic emergency heat illness (EHI) and are expected to provide prehospital care. The goal of this study was to investigate the percentage of athletic trainers who could successfully place an intravenous (IV) line and retain the skill for 30 days. Fifteen ATs received an educational training on how to place an IV from a nationally registered paramedic (NR-P) Those ATs who were successful in administering an IV were asked to report 30 days later for follow-up. Data were analyzed to compare IV placement success rates, confidence levels before …

The Effects Of Greater Dietary Protein Spread And Quality On Muscle Health In Healthy Adults, Nathaniel Johnson

Health Nutrition and Exercise Science

Skeletal muscle is critically important, but is often overlooked, not getting the respect or attention the tissue demands. Muscle is responsible for locomotion and physical performance, uses large amount of energy preventing gains in fat mass, and acts as an amino acid reservoir during trauma. Nonetheless, as individuals age, they lose muscle and to a greater extent strength. Maintaining muscle mass and strength is paramount for preventing disability and mortality. There are many aspects of diet that affect muscle tissue, but dietary protein directly activates muscle protein synthesis, so is important to consider as part of a balanced diet. Research …

Wework: A Unicorn Company That Went Bust, Ana J. Montalvo

Socionomic Prize Winners and Events (Archived)

No abstract provided.

Pay It Forward: Realizing The Promise Of Oer For The Next Generation Of Learners, Kimberly S. Grotewold, Karen Kohler, Elisabeth M. Krimbill

Library Staff Publications (Archived)

Using Open Educational Resources to Promote Social Justice explores the opportunities and challenges of moving the discussion about open educational resources (OER) beyond affordability to address structural inequities found throughout academia and scholarly publishing. OER have the potential to celebrate research done by marginalized populations in the context of their own communities, to amplify the voices of those who have the knowledge but have been excluded from formal prestige networks, and to engage students as co-creators of learning content that is relevant and respectful of their cultural contexts. Edited by academic librarians with experience advocating across campus, Using Open Educational …

Let All Voices Be Heard: Creating An Engaging And Inclusive Asynchronous Qr Classroom, Ruby Daniels, Kathryn Appenzeller Knowles

Marketing Faculty Publications (Archived)

With the shift to remote teaching, many instructors used Zoom for synchronous work. However, this presented issues (fatigue, turning cameras off, inequitable technical hurdles) that motivated quantitative reasoning (QR) instructors to look for asynchronous alternatives. A common technique has been text-based online discussions, which can be difficult for students to find engaging. This mixed method study (N = 41) describes an inclusive video alternative, specifically for teaching QR and quantitative fluency skills, which was piloted in two asynchronous sections and one hybrid section of the same course. Students posted their video responses, watched their classmates’ videos, and wrote short …

A Question Of Affect: A Queer Reading Of Institutional Nondiscrimination Statements At Texas Public Universities, Sarah Dwyer

English Faculty Publications (Archived)

Grounded in my embodied experiences as an openly-queer faculty member at a Texas public university and drawing from Sara Ahmed’s work on affect and institutional diversity, I argue that nondiscrimination statements at Texas public universities are affective objects which serve as straightening devices on the queer bodies that they affect, even as they purport to and often do protect them. The goals of my critique are twofold: 1) to support the work of those tasked with writing revisions to these policies by offering a few practical suggestions to allow for greater enforcement of the nondiscrimination practices that these policies espouse; …

Capital Market Penalties And Corporate Violations Of The Three Pillars (Operations, Reporting, And Compliance) After Coso 2013 Internal Controls: Integrated Framework, Jesus R. Jimenez-Andrade

Accounting Faculty Publications (Archived)

Current literature is somewhat unclear on how corporate violations under the new set of governance environments versed in the Internal Controls Integrated Framework issued by COSO (acronym of Committee of Sponsoring Organizations of the Treadway Commission) influence shareholders’ activism. Initially published in 1992, these guidelines faced a significant revision with proactive improvements in 2013. Since the first emission, this guidance has focused on providing safe-keeping basic standards for organizations to follow regarding the integrity of corporate governance and enterprise risk management by designing and implementing stable internal controls. The handbooks’ primary approach builds upon an environment of permanent improvement of …

Academic Hall Of Fame, Eric Johnson

2022: Eric Johnson

Dr. Eric Johnson's legacy at Dakota State University has touched every academic department. Dr. Johnson was part of the cohort of faculty tasked with designing new majors and programs after the new mission of technology and computer education was adopted in 1984. As part of this task force, he along with a few other faculty attended an IBM coding seminar during the summer of 1983. The primary purpose of this trip was to learn directly from IBM developers and managers what skills students would need to find jobs in the computing world. He authored the program proposal, A Brand New …

Academic Hall Of Fame, Risë Smith

2022: Risë Smith

Professor Risë Smith started at the Karl Mundt Library in 1984 during DSU's mission change from a teacher's school to a regional computer and technology college. Prof. Smith immediately embraced this mission and made teaching information literacy in the computer era her career focus. She became nationally recognized for her paper, Philosophical shift: Teaching the faculty to teach information literacy, presented at the Association of College and Research Libraries 1997 conference. This article is still taught and discussed widely in library science programs across the United States. In her position in the library, Prof. Smith aided countless students and faculty …

Comparative Analysis Of Forensic Tool Testing Frameworks To Use With Mobile Forensic Tools, Gillian Morris

Honors

Mobile forensics is a well-established, constantly evolving field in digital forensics. The proliferation of mobile devices requires the constant development of mobile forensics tools. With the rapid development of these tools, software vulnerabilities can become commonplace. Software vulnerabilities reside within the forensic tool’s software, meaning the tool should be tested and verified before field use. We aimed to propose a recommended tool testing framework for mobile forensic tools. To recommend a tool testing framework, we analyze the frameworks by utilizing a high-level comparative analysis methodology. The methodology allowed us to identify, analyze, and compare tool testing frameworks with the goal …

Prediction And Analysis Of Bus Adherence To Scheduled Times: San Antonio Transit System, Mohammad A. Al-Ramahi, Izzat Alsmadi, Daniel Delgado, Young Lee

Computer Information Systems Faculty Publications (Archived)

Citizens in large and modern cities heavily rely on smart and efficient public transportation as an alternative to private cars. Public transportation options are expected to be efficient, consistent, and reliable. For example, users of public buses should be able to use their smart phones to reserve and plan their trip at any time. They should also be able to track in real time their routes and any possible delays or issues. Bus adherence to their schedule in public transportation can be modeled as an NP-hard problem. This is due to the many unpredictable factors that can impact such adherence. …

Drivers And Challenges Of Wearable Devices Use: Content Analysis Of Online Users Reviews, Ahmed El Noshokaty, Omar El-Gayar, Abdullah Wahbeh, Mohammad A. Al-Ramahi, Tareq Nasralah

Computer Information Systems Faculty Publications (Archived)

With recent advancements in wearable device technologies, there is still a need to investigate drivers and challenges associated with the use of these devices. Following a content analysis approach, this study leverages recent “found large-scale” data to better understand the drivers and challenges that affect the adoption and use of such devices. Analyzing a total of 16,717 online reviews about wearable devices, the findings emphasized the importance of various functionalities (perceived usefulness), appeal, and a number of device design features as the most prominent drivers, while concerns about quality, credibility, and perceived value as potential challenges to wearable adoption and …

Assessment Of Health Literacy And Preferred Learning Style Of Patients In A Rural North Dakota Primary Care Clinic, Cassie Rose Holt

Nursing

Individuals with low health literacy face many difficulties within the healthcare system, including seeking medical care in inappropriate places, foregoing appointments and preventative health screenings, and misunderstanding self-care instructions. This leads to more hospitalizations, increased healthcare expenses, and use of healthcare resources. Low health literacy is especially significant in rural populations, where there are additional barriers to healthcare such as geography, distance, weather, inadequate financial resources and lower socioeconomic status, and lack of primary care and specialty providers. Furthermore, providers often do not consider patients’ preferred learning styles, which may be significant for those who have difficulty understanding instructions. Patient …

Drugs, Thugs, And Mariachis: An Institutional Response To Mexico’S Drug Cartels, Marshall B. Lloyd

Criminology and Criminal Justice Faculty Publications (Archived)

Mexico represents a dichotomy of images: first, as a land of sun, surf, and a place of destiny for vacationers, and second, as providing a haven for violent drug cartels operating with virtual impunity from the power of the state that appears unable to provide a fundamental duty - public safety. In the current environment of cartel violence, festive similes of mariachis called narcocorridos are muffling traditional Mexican poems by singing ballads praising drug cartel leaders. Defying the government prohibition against radio stations playing this type of music, narcocorridos are often commissioned by drug cartels as a popular source of …