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Treaties In The Philippine Constitutional System, Diane A. Desierto

Journal Articles

From the Article Abstract

International law has always had a dual significance to the Philippine constitutional system. On the one hand, the frequent articulation of international law principles within modern Philippine constitutional norms, statutes, and administrative rules demonstrate an outward-looking normative ethos – one I have described in other scholarship to be consistent with the 1987 Philippine Constitution’s ‘universalist history’. On the other hand, the considerable volume of Philippine jurisprudence applying international law norms to date overwhelmingly illustrate how Philippine litigants have strategically deployed international law (most especially international human rights law) over the years, as an acceptable external legal …

On Disgorgement And Punitive Damages In Trust Law, Daniel B. Kelly

Journal Articles

Private and charitable trusts hold trillions of dollars in assets. Trustees manage, invest, and distribute these assets, subject to fiduciary duties, including the duty of loyalty and prudence. But the remedies for fiduciary breach, and their justifications, are convoluted. The conventional view, especially in law and economics, is to characterize most fiduciary relationships, including trusts, as contractual and most fiduciary duties as implicit contract terms. One might suppose, then, that the optimal remedy for fiduciary breach would be the same as the usual remedy for contractual breach: damages. But the traditional equitable remedies in fiduciary law, and modern remedies in …

Fragility, Not Superiority? Assessing The Fairness Of Special Religious Protections, Sherif Girgis

Journal Articles

Is it fair to grant exemptions from neutral laws to protect religion but not other deep commitments and pursuits, like secular conscience or care-giving bonds? The 30-year scholarly debate on this question now has legal import, as the Supreme Court stands poised to reverse precedent and restore free exercise exemptions from neutral laws. Whether it should, under stare decisis, turns partly on moral considerations like the fairness issue. And the debate is worth revisiting. Almost everyone has assumed that special religious protections are fair if and only if religion matters more than other interests. Yet protections for religion might be …

Defining “Substantial Burdens” On Religion And Other Liberties, Sherif Girgis

Journal Articles

The U.S. Supreme Court seems poised to restore free exercise exemptions from neutral laws that burden religion. But pivotal Justices have asked how to narrow religious exemptions. This Article proposes answers with wide-ranging implications for the future—and limits—of free exercise, and for the doctrine on other liberties.

To date, courts applying exemptions from “substantial burdens” on religion have tended to narrow protections to the detriment of religious minorities. But many fear that expanding exemptions would over-protect Christians in culture-war cases.

Striking a balance will require a sound definition of “substantial burdens.” But the current, strongly pro-religion Court will not impose …

Book Review, Mary Ellen O'Connell

Journal Articles

Book review of Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights by Chiara Redaelli. Oxford: Hart Publishing, 2021.

Gender-Specific Psychological And Social Impact Of Covid-19 In Pakistan, Fauziah Rabbani, Hyder Ali Khan, Suneel Piryani, Areeba Raza Khan, Fahad Abid

Community Health Sciences

Background: COVID-19 has rapidly spread across the world. Women may be especially vulnerable to depression and anxiety as a result of the pandemic.
Aims: This study attempted to assess how gender affects risk perceptions, anxiety levels and behavioural responses to the COVID-19 pandemic in Pakistan, to recommend gender-responsive health policies.
Methods: A cross-sectional online survey was conducted. Participants were asked to complete a sociodemographic data form, the Hospital Anxiety and Depression Scale, and questions on their risk perceptions, preventive behaviour and information exposure. Multiple logistic regression analysis was used to assess the effects of factors such as age, gender and …

2022-2023 Graduate Catalog, Morehead State University.

Morehead State Catalog Archive

2022-2023 graduate catalog for Morehead State University.

Distributed Partial Differential Equation Solving With Julia Fast Fourier Transform Library, Christopher E. Mottola

Honors Theses and Capstones

Scientific computing relies on advanced computational and mathematical techniques to solve complex problems in scientific domains. For the numerical rendering of spectral, nonlinear, and dynamic phenomena, there is a growing need for greater availability of a broad class of Fourier-based algorithms to perform large scale operations on multidimensional data in distributed and optimized ways. To this effect, the Julia programming language is new and has significant advantages compared to other common languages used in scientific computing. The research presented here formulates a basis for further development in high-performance scientific computing of periodic partial differential equations through the application of distributed …

Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach

Honors Theses and Capstones

The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …

The Liberatory Potential Of Fashion, David Billie Suoth

Honors Theses and Capstones

Fashion has the potential to be liberatory and this can be seen in the ways fashion has been targeted by systems of oppression. Fashion is the use of clothes as a vessel to create a greater social meaning. According to Edward Sapir, the meaning of fashion “while it is primarily applied to dress and the exhibition of the human body is not essentially concerned with the fact of dress or ornament, but with its symbolism” (Barnard, 2007, p. 65). Fashion with the symbolism behind it is able to show the sentiments and attitudes of civilization at different points in history …

A Comparison Of Perceptions Of Labor Support Before And During The Covid-19 Pandemic, Sarah Grace Krein

Honors Theses and Capstones

Satisfaction with the experience of birth has been shown to be affected by the quality of support received by the birthing individual and how closely the experience aligns with their expectations. This is important because the hospital and societal restrictions put in place during the COVID-19 pandemic may have altered individuals’ experiences of birth during this time. This is further concerning as there is a known correlation between a negative birth experience and the risk for postpartum depression. This study aimed to identify birthing parents’ perceptions of support during birth and how the COVID-19 pandemic impacted support practices. A survey …

Creating An Integration Framework For The European Union? Comparing The Role Of Language In Integration Policy Regarding Education And Labor Participation Rates In Germany And Sweden, Kate Elizabeth Persson

Honors Theses and Capstones

No abstract provided.

Exploring Educators’ Perceptions Of Legislation About Discrimination, Archer Brooke Miller

Honors Theses and Capstones

Across the nation, there have been efforts in “36 states to restrict education on racism, bias, the contributions of specific racial or ethnic groups to U.S. history, or related topics” (Stout). These laws essentially banned the teaching of critical race theory and systemic racism in all public K-12 classrooms. This study is pertinent because teaching about systemic racism is important. It was critical to shed light on this topic and show people why Sections 297 and 298 of House Bill 2 were salient and what impact it was having.

The Health Effects Of Anthropogenic Pm2.5 Emissions, Andrew Charles Meyer

Honors Theses and Capstones

This study analyzes the health impacts of particulate matter 2.5 (PM2.5), a common anthropogenic pollutant resulting from vehicles, manufacturing, and wood burning. PM2.5 is an emission of particular concern given its small size of roughly 2.5 micrometers, allowing it to stay in the atmosphere for up to 10 days and penetrate the deepest area of the lungs, the alveoli. This penetration can lead to adverse respiratory and cardiovascular health outcomes, and ultimately lead to an increased mortality rate. This study utilizes data from 1,885 counties in the U.S. between 2001 and 2017, and included health outcome, PM2.5 , and demographic …

The Newsworthiness Of Increasingly Expected Murder: Foreign Press Coverage Of The Parkland Shooting, Jasmine Skye Taudvin

Honors Theses and Capstones

No abstract provided.

“The Real Cost Of Mining: How Digging For Rare Earth Metals Could Pose A Greater Cost Than Evs Can Save”, Brahim Khalil Yatim

Honors Theses and Capstones

The Paris Climate Agreement proposes to have 20% of all road transport vehicles be electric by the year 2030. Implementation of this policy is critical to help obtain a 2 degrees Celsius reduction in the increase of global temperatures by 2030. This paper dives into the true costs of taking on a project that large scale. This study finds that though the benefits of this project would result in a 351,785,600 tons of GHG saved by the electric conversion there are significant environmental and human costs associated with the mining necessary to complete the agreement's goal. With current technologies and …

California Senate Bill 826: Implications On Female Executive Compensation And Representation, Elizabeth Ann Dion

Honors Theses and Capstones

In 2018, the State of California passed Senate Bill 826, requiring that all public companies headquartered within the state have at least one female on the board of directors. Prior literature has identified a significant connection between female board representation and the impact on female executives and their pay. The prominence of female leaders has been shown to enable fellow females to pursue leadership positions. In addition, prior studies have found that female board members have encouraged an increase in female executives, and an increase in female executive pay has been identified due to the role of the board in …

Location And Calibration Of Lightning Pulses From Lofar Radiation Measurements, Nicholas R. Demers

Honors Theses and Capstones

Lightning has the power to shock and awe as an incredible force of nature, yet so many phenomena surrounding lightning are still not well-understood. In fact, the very physics regarding what actually sparks a lightning strike remain poorly defined. In an effort to understand how lightning initiation is achieved, data collected from the Low Frequency Array in the Netherlands were calibrated and interferometry performed to map the flash in 4D space. The calibration process itself is explored, from choosing lightning sources to calibrate, to the various stages of calibration leading to a fully calibrated flash ready for interferometric analysis. Using …

Affirmative Consent, Aya Gruber

Publications

No abstract provided.

A Taxonomy Of Silencing: The Law’S 100 Year Suppression Of The Tulsa Race Massacre, Suzette M. Malveaux

Publications

Over one hundred years have passed since the 1921 brutal massacre of Tulsa’s African American community. This notorious attack came at the hands of a white mob and with the government’s blessing. With numerous centennial commemorations behind us, what has been learned? The answer to this question is crucial to preventing similar atrocities in the future.

One lesson is how important it is to tell the story—to honor the voices of those who lived through one of the most infamous government-sanctioned racial attacks in U.S. history. Knowledge is power.

Another lesson is how pernicious the law can be in silencing …

United States, Aya Gruber

Publications

No abstract provided.

Anti-Subordination Torts, Scott Skinner-Thompson

Publications

No abstract provided.

Manipulation And The First Amendment, Helen Norton

Publications

No abstract provided.

Fastcase Features: A Quick Guide For Former Casemaker Users, Baylee Suskin

Publications

No abstract provided.

Procedural Environmental Justice, Jonathan Skinner-Thompson

Publications

Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called “meaningful involvement” in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision-making. Especially in the environmental arena, regulatory decisions are often buried …

Rennard Strickland: Legal Historian And Leader, Charles Wilkinson

Publications

No abstract provided.

The (Un)Just Use Of Transition Minerals: How Efforts To Achieve A Low-Carbon Economy Continue To Violate Indigenous Rights, Kathleen Finn, Christina A.W. Stanton

Publications

No abstract provided.

The Truman Show: The Fraudulent Origins Of The Former Presidents Act, Paul F. Campos

Publications

When President Donald Trump was impeached for a second time, many commenters pointed out that, if Trump were to be convicted by the Senate, he would likely lose millions of dollars in future taxpayer-funded benefits. These benefits are provided to ex-presidents by the Former Presidents Act, a 1958 statute of considerable political significance and ongoing controversy, that nevertheless has to this point been ignored completely by the legal academic literature.

This Article represents the first sustained discussion of the FPA in that literature. It concludes that the statute should be revoked — and it centers its critique on the law’s …

Against Domestic Violence: Public And Private Prosecution Of Batterers, Carolyn B. Ramsey

Publications

No abstract provided.

Victims’ Rights Revisited, Benjamin Levin

Publications

This Essay responds to Bennett Capers's article, "Against Prosecutors." I offer four critiques of Capers’s proposal to bring back private prosecutions: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual level; and (D) broadly, that these critiques suggest that Capers has traded the pathologies of “public” law for the pathologies of “private” law. Further, I argue that the article reflects a new, left-leaning vision of …