Digital Commons Network^™

Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum

The Judges' Book

No abstract provided.

University Of Central Florida Libraries, Annual Report 2021-2022, University Libraries

Libraries' Documents

No abstract provided.

Diamond's Hidden Gems - Ucf Downtown Library, Diamond R. Williams

Libraries' Documents

No abstract provided.

2d-3d Facial Image Analysis For Identification Of Facial Features Using Machine Learning Algorithms With Hyper-Parameter Optimization For Forensics Applications, Gangothri Sanil, Krishna Prakash, Srikanth Prabhu, Vinod C. Nayak, Saptarshi Sengupta

Faculty Research, Scholarly, and Creative Activity

Recognizing a face is a remarkable process that humans naturally use. Computer vision has tried to resemble this ability of human vision as a biometric tool to identify humans. Commercial and law enforcement applications are increasingly using face recognition technology to identify people. Currently, it is one of the most sought-after detection methods used in forensics for criminal identification purposes. Owing to similarities in the appearance of certain faces, especially in criminal cases, this problem poses a great challenge in forensic investigation and detection. The novelty of this work lies in the development of a framework for face recognition using …

Distributed Cooperative Kalman Filter Constrained By Advection–Diffusion Equation For Mobile Sensor Networks, Ziqiao Zhang, Scott T. Mayberry, Wencen Wu, Fumin Zhang

Faculty Research, Scholarly, and Creative Activity

In this paper, a distributed cooperative filtering strategy for state estimation has been developed for mobile sensor networks in a spatial–temporal varying field modeled by the advection–diffusion equation. Sensors are organized into distributed cells that resemble a mesh grid covering a spatial area, and estimation of the field value and gradient information at each cell center is obtained by running a constrained cooperative Kalman filter while incorporating the sensor measurements and information from neighboring cells. Within each cell, the finite volume method is applied to discretize and approximate the advection–diffusion equation. These approximations build the weakly coupled relationships between neighboring …

Factors Influencing Educational Equity In Online Instruction For Students During Covid-19, Sudha Krishnan

Faculty Research, Scholarly, and Creative Activity

This qualitative study examined special education teachers’ perceptions of student success in online instruction during the pandemic school closures to isolate the key determinants in the differential student outcomes reported by the teachers. Data were collected from 16 teachers using semi-structured interviews and analyzed using thematic coding. The six themes that emerged from the data were that the key determinants of student outcomes were variables related to teacher, school administrator, district, student, parent, and pedagogy. The study showed that underlying deficit thinking in school professionals, lack of planned support for those parents and students needing the most support, and limited …

A Rising Tide Photovoice Photobook, Natalie Lord, Catherine M. Ashcraft, Lindsey Williams, Julia Novak-Colwell

Faculty Publications

This document provides the results of the photographic documentation and written narrative portion of the photovoice case study conducted from November, 2021 to March, 2022 by (n=4) research participants. The goal of the Photobook is to share the data collected by the research participants on their experiences as women owning and operating an oyster farm in Maine and New Hampshire.

Measuring The Production Of Migratory Westslope Cutthroat Trout In Tributaries To Priest River, Idaho, Collin J. Hendricks

EWU Masters Thesis Collection

Iteroparous salmonids that exhibit a migratory life history are essential to functioning metapopulations. They are demographically important as migratory females produce more eggs than non-migratory individuals. Additionally, they provide genetic support through gene flow, resulting in more robust, genetically diverse populations. The lower Priest River flows into the Pend Oreille River in the panhandle of northern Idaho and is a system susceptible to degrading conditions due to increasing water temperature. It is also, a significant contributor of migratory Westslope Cutthroat Trout Oncorhynchus clarkii lewisi (WCT) in the Clark- Fork Pend Oreille Basin (CFPOR). The goal of our study was to …

Pass The Salt: Problem Resolution Lawyering Across The 21st Century Law Curriculum, Kris Franklin, F. Peter Phillips

Articles & Chapters

Legal education can help prepare law graduates to do that work. As an added bonus, doing so would in turn help law students understand and retain the subjects they study.

Law professors who teach alternative dispute resolution, lawyering skills, clinics, and sometimes traditional doctrinal courses, have all called for greater inclusion of dispute resolution in the law school curriculum. Some have urged the introduction of specific courses to prepare contemporary law students to work as problem resolvers. This Article builds on these and other calls for reform, but urges a genuine reconceptualization of the purposes of legal work. Framing lawyers’ …

Randomness, Ai Art, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.

Methodological Gerrymandering, David Simson

Articles & Chapters

The U.S. Supreme Court has come to decide many of the most consequential and contentious aspects of social policy via its interpretations of the U.S. Constitution. Institutional features of the Court create significant pressure on the Justices to justify their decisions as applications of “law” rather than the practice of “politics.” Their perceived failure to do so calls forth criticism sounding in a variety of registers—ranging from allegations of a lack of neutrality, lack of impartiality, or lack of “principle,” to allegations of opportunism, disingenuousness, and hypocrisy. Analyzing the Justices’ choices in relation to interpretational “methodology”—choosing one lens through which …

Reflections On South Africa's First Black Chief Justice, Ismail Mahomed, Penelope Andrews

Articles & Chapters

No abstract provided.

Law Professors’ Conceptualization And Use Of Students’ Prior Knowledge And Experience In Developing Subject-Matter Understanding, Matthew Gewolb

Articles & Chapters

No abstract provided.

Same-Sex Family Recognition And Anti- Discrimination Law: A Free Speech Battleground, Arthur S. Leonard

Articles & Chapters

No abstract provided.

The So-Called Stateless: Firm Resettlement, African Immigrants, And Human Rights Violations In Mexico, Claire R. Thomas

Articles & Chapters

This paper explores Mexico’s reactionary migration policies, especially concerning the labeling of African migrants and asylum-seekers as so-called “stateless” and the subsequent unsolicited permanent residence status it offers, and address the numerous international and domestic legal violations contained within. Part I of this article presents the lived experiences of African asylum-seekers traveling through Mexico in 2015 and 2019 to demonstrate the direct impact of Mexican migratory policy changes. Many Black migrants and asylum-seekers, as well as Afro-Mexicans, have raised awareness of anti-Blackness in Mexico and of how racism is pervasive. Part II of this article explains Trump-era changes to U.S. …

The Server Test Quandary And Embedding Permission Culture, Michael Goodyear

Articles & Chapters

The practice of embedding—inserting code that displays content located elsewhere on the Internet—is ubiquitous online. Millions of users insert or encounter embeds daily. As a core type of link, embedding has helped disseminate information far and wide, furthering the goals of both copyright law and the Internet. For over a decade, embedding has been considered lawful under copyright law, guaranteed by a Ninth Circuit doctrine known as the server test, which holds that a person only displays a work when he or she hosts and serves it. This rule, which has greatly influenced the growth of the modern Internet, has …

Racial Healing In The Church: The Usefulness Of The Interpersonal Process In Therapy Model, Winston Seegobin

Faculty Publications - Doctor of Psychology (PsyD) Program

Racial disunity is a major challenge facing the Christian church. This article examines psychological factors that contribute to and maintain both racial disunity and racial unity through the lens of the Interpersonal Process in Therapy model (Sullivan, 1968; Teyber & Teyber, 2017). It looks at how early interpersonal relationships in childhood influence interpersonal relationships as adults and how the therapeutic relationship as a healing influence can be applied to racial healing as adults. Spiritual factors that contribute to and maintain racial disunity and racial unity are also discussed. Understanding that it is the relationship that heals, specific strategies such as …

Spiritual Well-Being Scale (Swbs): Measuring Spiritual Well-Being In International Contexts, Rodger K. Bufford, Raymond F. Paloutzian

Faculty Publications - Doctor of Psychology (PsyD) Program

The Spiritual Well-Being Scale (SWBS) is a 20-item measure of self-perceived spiritual health. Developed in the 1980s, it includes 2 subscales with 10 items each. Responses are made on a 6-point continuum from Strongly Disagree to Strongly Agree with no neutral point; 9 of the items are negatively worded to minimize response biases. The US samples show good internal consistency and test-retest reliability. Content validity was established in construction. Expected correlations with religion and spirituality indices, social and psychological measures, and physical functioning and demonstration of expected group differences support criterion validity. Factor analysis commonly shows 2 factors corresponding to …

The Misattuned Music Industry: An Intersubjective Perspective On The Music Industry's Mental Health Crisis, Jonathan Fricke

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Research shows that professional musicians tend to experience higher rates of mental health challenges compared to the general population. While there are a number of underlying factors and historical experiences that may help us to better understand these psychological struggles, I will be examining the relational system between musician and the music industry beginning at the time in which an amateur musician transitions to the professional realm. With this transition comes incredible demand and pressure from the industry. Professional musicians are at the mercy of grueling tour schedules where they spend months away from loved ones, must be "on" at …

Propaganda For War & International Human Rights Standards, Evelyn Aswad

Faculty Articles

Shortly after Russia's illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU's General Court upheld the outlets' suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …

Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski

Faculty Articles

Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and 37; Federal Rule of Appellate Procedure 38; 28 U.S.C. §§ 1927 and 1447(c); as well as courts’ inherent authority to sanction litigants and attorneys. In the standard narrative, these tools provide immediate corrections to unethical conduct, unlike bar sanctions or derivative malpractice actions that are delayed and uncertain. Together, these tools aim to effectuate the goal of Federal Rule of Civil Procedure 1: to make sure parties cooperate …

The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland

Faculty Articles

Congress delegated to the Securities & Exchange Commission (S.E.C.) the regulation of the sale and trading of securities as well as the solicitation of proxies. The S.E.C. compels disclosure by involved parties to ensure that investors can make informed decisions regarding their trades and the exercise of voting rights with respect to their securities. Such important governmental interests routinely leave one without basis to challenge the compelled speech imposed by the S.E.C. Because it generally can compel speech by parties involved in securities transactions and the solicitation of proxies, the S.E.C. is insensitive to situations when legitimate First Amendment issues …

The Macroeconomics Of Intellectual Property, Eric E. Johnson

Faculty Articles

Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information. In the modern era, questions of how best to accomplish this have been explored with reference to economic efficiency and other concepts from microeconomics. But why not macroeconomics? In the microeconomic view, the intangibles of innovation, knowledge, and information are ordinary economic goods, albeit ones whose easy reproducibility leads to special problems. In the macroeconomic view, however, innovation, knowledge, and information are extraordinary goods with special virtues. Indeed, modern macroeconomics puts these intangibles at the center of …

Racism And Trademark Abandonment, Jon J. Lee

Faculty Articles

As companies have come to terms with the fact that their brand names and imagery have connections to our country’s racist history, they have publicly announced their commitments to shed their ignominious trademarks. But unlike a physical monument, a trademark cannot be destroyed or removed. Under the prevailing doctrine, abandoned trademarks return to the public domain, free for another company to claim and use—even if it is to capitalize on the mark’s recognition as a symbol of oppression. This puts companies who wish to sever their ties with their racist trademarks in an intractable situation: either they make good on …

Torts And Personhood, Melissa Mortazavi

Faculty Articles

No abstract provided.

Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi

Faculty Articles

When courts consider a choice of class or lead counsel in multidistrict litigation ("MDL') or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank conduit for client interests. In theory, lawyers should be able to bring their legal expertise absent any personal experiences, individualized identity, and morality outside of practice. But the reality is that neither lawyers nor their clients can fully divorce their identities or moral viewpoints from the legal system. This Essay argues that an identity-blind choice of class or lead counsel, grounded in a …

On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl

Faculty Articles

Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology, as well, arguing that use of these systems will increase the number of warrants issued throughout the United States …

#Teacherquittok: A Content Analysis Of How Current And Former Teachers Navigate Attrition On Tiktok, Forrest J. Kaiser

Education Faculty Publications and Presentations

The purpose of this study is to use thematic content analysis to examine conversations and factors most discussed by teachers centering on attrition using the TikTok social media platform. Social media offers teachers a way to connect with others and share their thoughts while maintaining a perceived level of professional distance from their workplace. This research will explore how teachers use social media to provide a window into their classroom, working conditions, and decisions to leave or stay. The study was guided by the following questions: (1) How are current and former teachers using the TikTok social media platform to …

Revisiting The Rainbow: Culturally Responsive Updates To A Standard Clinical Resource, Angela M. Dietsch, Richard Mocarski, Debra A. Hope, Nathan Woodruff, Miechelle Mckelvey

Department of Special Education and Communication Disorders: Faculty Publications

Purpose

Cultural responsivity is essential for efficacious and affirming clinical relationships. This may be especially important with historically marginalized clients, such as transgender and gender-diverse (TGD) people seeking behaviorally based affirming communication services. We recommend modifications to standard tools for diagnostics and training that otherwise might undermine our efforts to create an inclusive and affirming environment.

Method

Modifications to the Rainbow Passage, a standardized paragraph utilized for eliciting speech samples in clinical settings, focused on nongendered terminology and the elimination of content with religious connotations.

Results

The recommended edits to the Rainbow Passage maintain similar length, cadence, and phonetic balance …

Brain Activity Associated With Taste Stimulation: A Mechanism For Neuroplastic Change?, Angela M. Dietsch, Ross M. Westemeyer, Douglas H. Schultz

Department of Special Education and Communication Disorders: Faculty Publications

Purpose: Neuroplasticity may be enhanced by increasing brain activation and bloodflow in neural regions relevant to the target behavior.We administered precisely formulated and dosed taste stimuli to determine whether the associated brain activity patterns included areas that underlie swallowing control.

Methods: Five taste stimuli (unflavored, sour, sweet-sour, lemon, and orange suspensions) were administered in timing-regulated and temperature-controlled 3 mL doses via a customized pump/tubing system to 21 healthy adults during functional magnetic resonance imaging (fMRI). Whole-brain analyses of fMRI data assessed main effects of taste stimulation as well as differential effects of taste profile.

Results: Differences in …