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2023

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American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman Jan 2023

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.

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Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman Jan 2023

Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman

Scholarly Works

After many well-publicized cases of police wrongdoing, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to dismiss damages actions against officials for violating the plaintiff’s constitutional rights unless a reasonable officer would have known that the right was “clearly established.” Scholars argue that the doctrine impedes deterrence of rights violations and forecloses compensation and vindication for victims.

One line of attack has relied on empirical evidence to challenge what scholars take to be the main justification for qualified immunity, that it prevents the threat of constitutional liability from over-deterring …

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"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman Jan 2023

"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman

Scholarly Works

At the heart of American constitutionalism is an irony. The United States is constitutionally committed to religious neutrality; the government may not take sides in religious disputes. Yet many features of constitutional law are inexplicable without their intellectual and cultural origins in religious beliefs, practices, and movements. The process of constitutionalization has been one of secularization. The most obvious example is perhaps also the most ideal of liberty of conscience that fueled religious disestablishment, free exercise, and equality was born of a Protestant view of the individual’s responsibility before God.

This Essay explores another overlooked instance of constitutional secularization. Many …

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The Case For The Current Free Exercise Regime, Nathan Chapman Jan 2023

The Case For The Current Free Exercise Regime, Nathan Chapman

Scholarly Works

How the Supreme Court ought to implement the Free Exercise
Clause has been one of the most controversial issues in U.S. rights discourse
of the past fifty years. In Fulton v. City of Philadelphia, a majority of the
justices expressed dissatisfaction with the standard articulated in
Employment Division v. Smith, but they could not agree on what ought to
replace it. This Essay argues that focusing on whether to overrule Smith is a
distraction from the sensitive task of implementing the Free Exercise Clause.
This is not because Smith was “right,” but because (1) the history and
tradition are both …

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Presuming Trustworthiness, Ronnell Andersen Jones, Sonja R. West Jan 2023

Presuming Trustworthiness, Ronnell Andersen Jones, Sonja R. West

Scholarly Works

A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …

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Absolute Official Immunity In Constitutional Litigation, Michael L. Wells Jan 2023

Absolute Official Immunity In Constitutional Litigation, Michael L. Wells

Scholarly Works

Absolute official immunity blocks recovery for constitutional violations that occur in the course of legislative, judicial, prosecutorial, and testimonial functions, no matter how egregiously the officer has acted. The basic policy underlying the doctrine is that constitutional litigation will produce unacceptable social costs, mainly by discouraging officials from acting boldly and effectively in the public interest. It may be necessary to sacrifice the vindication of constitutional rights and deterrence of violations in some circumstances, but the Court’s broad function-based limits give too much weight to the costs of constitutional remedies and pays too little attention to the vindication and deterrence …

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Regulating Off-Campus Student Expression: Mahanoy Area School District V. B.L.: The Good News For College Student Journalists, Leslie Klein, Jonathan Peters Jan 2023

Regulating Off-Campus Student Expression: Mahanoy Area School District V. B.L.: The Good News For College Student Journalists, Leslie Klein, Jonathan Peters

Scholarly Works

This essay argues that the 2021 U.S. Supreme Court case Mahanoy Area School District v. B.L. protects off-campus college student journalism (if not published in a school-sponsored outlet) from school censorship and punishment—thanks to the majority opinion's reliance on in loco parentis principles. In short, Mahanoy made clear that K-12 students generally have diminished First Amendment rights on campus because parents have delegated to teachers and staff some of their supervisory authority. That reasoning applies with less force when students speak off campus, and it applies with no force if the speaker is a legal adult, as nearly all college …

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Campbell V. Reisch: The Dangers Of The Campaign Loophole In Social Media Blocking Litigation, Clare R. Norins, Mark Bailey Jan 2023

Campbell V. Reisch: The Dangers Of The Campaign Loophole In Social Media Blocking Litigation, Clare R. Norins, Mark Bailey

Scholarly Works

Since 2016, social media blocking by government officials has been a lively battleground for First Amendment rights of free speech and petition. Government officials increasingly rely on social media to communicate with the public while ever greater numbers of private individuals are voicing their opinions and petitioning for change on government officials' interactive social media accounts. Perhaps not surprisingly, this has prompted many government officials to block those users whose comments they deem to be critical or offensive. But such speech regulation by a government actor introduces viewpoint discrimination—a cardinal sin under the First Amendment.

In 2019, three United States …

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Promise & Peril Of Plain English: Mutual Fund Disclosure Readability, Anne M. Tucker, Yusen Xia Jan 2023

Promise & Peril Of Plain English: Mutual Fund Disclosure Readability, Anne M. Tucker, Yusen Xia

Scholarly Works

The SEC requires mutual funds to write disclosures for the average investor using plain English. These requirements make funds’ investment strategies and associated risks transparent and accessible to investors. Improved investor understanding furthers the SEC’s regulation-through-disclosure regime. But our examination of funds’ summary prospectuses—an abbreviated discussion of a fund’s strategies and risks—suggests that funds often fail to meet the plain English standard. Our analysis of all summary prospectuses filed between 2010 and 2020 reveals that mutual funds write long, hard-to-read, and complex disclosures. Importantly, we find that failure to draft disclosures in plain English is more than a technical error. …

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Shinn V. Ramirez: Creating A Catch-22 To Habeas Corpus Relief, Madison Gosch Jan 2023

Shinn V. Ramirez: Creating A Catch-22 To Habeas Corpus Relief, Madison Gosch

South Dakota Law Review

No abstract provided.

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Worth Writing! Worth Reading! Edition Viii (2020 - 2023), New York Law School Jan 2023

Worth Writing! Worth Reading! Edition Viii (2020 - 2023), New York Law School

New York Law School Community Newsletter

No abstract provided.

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The Eu Foreign Subsidies Regulation: Implications For Public Procurement And Some Collateral Damage, Pascal Friton, Max Klasse, Christopher R. Yukins Jan 2023

The Eu Foreign Subsidies Regulation: Implications For Public Procurement And Some Collateral Damage, Pascal Friton, Max Klasse, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The European Union has erected a significant new barrier to foreign competitors that seek to compete in EU Member State public procurements. In the European Union there are uniform rules (known as “State aid” rules) on subsidies for all Member States, which are intended to ensure that competition in the internal market is not distorted by government subsidies. To counter (perceived) disadvantages of EU firms when competing with competitors from non-EU countries not subject to the EU “State aid” regime, the EU has adopted the Foreign Subsidies Regulation (FSR), which entered into force in January 2023 and will go into …

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Rights Violations As Punishment, Kate Weisburd Jan 2023

Rights Violations As Punishment, Kate Weisburd

GW Law Faculty Publications & Other Works

Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights—such as the rights to marry, bear children, worship, consult a lawyer, and protest—be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not “cruel and unusual” under the Eighth Amendment? On one hand, such state intrusion on fundamental rights would seem unconstitutional. On the other hand, such intrusions are often less harsh than the restriction of rights inherent in prison. If a judge can sentence someone to life in prison, how can a judge not …

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Transforming Military Justice: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa M. Schenck Jan 2023

Transforming Military Justice: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa M. Schenck

GW Law Faculty Publications & Other Works

For the past decade there have been numerous and significant changes to the Uniform Code of Military Justice (UCMJ), the statutory basis for the military justice system. Although the Military Justice Act of 2016 made major changes to the UCMJ, the calls for change continued. One of the most-often heard calls for reform over the last decade has suggested removing commanders from the military justice system. In the 2022 National Defense Authorization Act, Congress amended the UCMJ to dramatically reduce the commander’s role in what Congress specified as “covered offenses" such as sexual assault and provided that those listed offenses …

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State V. Regan, 273 A.3d 116 (R.I. 2022), Rebecca Costello Jan 2023

State V. Regan, 273 A.3d 116 (R.I. 2022), Rebecca Costello

Roger Williams University Law Review

No abstract provided.

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Zab V. R.I. Dep’T Of Corrs., 269 A.3d 741 (R.I. 2022)., Michaela A. Conley Jan 2023

Zab V. R.I. Dep’T Of Corrs., 269 A.3d 741 (R.I. 2022)., Michaela A. Conley

Roger Williams University Law Review

No abstract provided.

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In Re Mandy M., 239 A.3d 1152, 1155 (R.I. 2020), Jacklyn Henry Jan 2023

In Re Mandy M., 239 A.3d 1152, 1155 (R.I. 2020), Jacklyn Henry

Roger Williams University Law Review

No abstract provided.

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Governance-Aware Cloud Architectures For Enterprise Information Systems, Manikantha Varaprasad Inakollu Jan 2023

Governance-Aware Cloud Architectures For Enterprise Information Systems, Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Enterprise cloud adoption has accelerated dramatically, yet governance frameworks struggle to keep pace with evolving architectural complexity. This research examines how organizations can embed governance principles directly into cloud architecture designs rather than treating compliance as an afterthought. We investigate the integration of regulatory requirements, risk management protocols, and organizational policies into cloud infrastructure patterns that enforce governance automatically. The study addresses critical gaps where traditional governance approaches fail in dynamic cloud environments, particularly around data sovereignty, access control, audit requirements, and regulatory compliance. Through analysis of existing cloud governance challenges and architectural patterns, we propose a comprehensive framework that …

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Post-Implementation Erp Value Realization: A Decision Intelligence Framework, Manikantha Varaprasad Inakollu Jan 2023

Post-Implementation Erp Value Realization: A Decision Intelligence Framework, Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Enterprise Resource Planning systems represent substantial organizational investments, yet many organizations struggle to realize expected benefits after implementation. This research develops a decision intelligence framework specifically designed to maximize ERP value realization during the critical post-implementation phase. While extensive literature addresses ERP implementation challenges, significantly less attention focuses on extracting value after systems go live. Our framework integrates data analytics, organizational learning, and strategic decision-making into a cohesive approach that transforms ERP systems from operational tools into strategic assets. Through analysis of post-implementation patterns across multiple organizations, we identify key decision points where intelligent interventions dramatically improve value capture. The …

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Effects Of Social Isolation And Adolescent Ethanol Exposure On Adult Drinking And Nicotine Co-Use, Jakob Shaykin Jan 2023

Effects Of Social Isolation And Adolescent Ethanol Exposure On Adult Drinking And Nicotine Co-Use, Jakob Shaykin

Theses and Dissertations--Psychology

Alcohol use often begins in adolescence and can lead to increased susceptibility to AUD in adulthood. Stress in the form of social isolation during adolescence can also prompt substance use disorders later in adulthood. This thesis determined if exposure to ethanol (EtOH) during adolescence and social isolation alters the trajectory of alcohol and nicotine intake during adulthood. In Experiment 1, adolescent male and female Sprague-Dawley rats were administered intermittent injections of EtOH (2g/kg 20% EtOH, IP) or saline (PND 28-41). EtOH consumption was measured in adulthood (PND 49-55) using a 2-bottle choice procedure where one bottle contained a 0.2% saccharin/15% …

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Prenatal Ethanol Exposure Impairs Performance On Spatial And Tactile Sequential Discrimination Task In Juvenile Rats, Caleb S. Bailey Jan 2023

Prenatal Ethanol Exposure Impairs Performance On Spatial And Tactile Sequential Discrimination Task In Juvenile Rats, Caleb S. Bailey

Theses and Dissertations--Psychology

Fetal alcohol spectrum disorders (FASDs) are a set of cognitive and behavioral abnormalities that arise in ~5% of children who have been prenatally-exposed to alcohol. Prenatal alcohol exposure (PAE) can cause impairments in learning acquisition, working memory, response inhibition, and attentional-set shifting that result in exaggerated deficits in executive function and impairments in goal-seeking behavior. There are standard procedures used in rodent research to address some components of these deficits, but few procedures are sensitive enough to comprehensively assess such deficits. To address this issue in FASDs research techniques, we developed a procedure that requires prolonged executive function in a …

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Effect Of Menstrual Cycle Phase On The Rewarding Properties Of Alcohol In Women, Annie K. Griffith Jan 2023

Effect Of Menstrual Cycle Phase On The Rewarding Properties Of Alcohol In Women, Annie K. Griffith

Theses and Dissertations--Psychology

Compared with men, women are disproportionately affected by alcohol, including greater risks of behavioral impairment and relapse. One likely mechanism underlying this disparity is fluctuations of ovarian hormones, particularly estradiol (E2), across phases of the menstrual cycle. Pre-clinical and clinical studies have shown that higher E2 levels correlate with heavier patterns of alcohol consumption, suggesting E2 may modulate drinking. This relationship is thought to be mediated by the rewarding properties of alcohol. The present thesis tested the hypothesis that elevated E2 during the late follicular phase would increase the rewarding properties of alcohol. Fifty young-adult women participated in a within-subjects …

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Birds Of A Feather: Exploring Social Facilitation Effects On Learning And Suboptimal Choice In Pigeons (Columba Livia), Peyton Mueller Jan 2023

Birds Of A Feather: Exploring Social Facilitation Effects On Learning And Suboptimal Choice In Pigeons (Columba Livia), Peyton Mueller

Theses and Dissertations--Psychology

The social facilitation effect describes a change in the behavior of an individual due to the presence of another organism of the same species (i.e., a conspecific). Many theories exist that attempt to explain why this change in behavior exists across species. A set of four experiments were executed to best explain how pigeons learn in the presence of non-competing conspecifics. The first experiment sought to replicate an interesting effect previously found in cockroaches and rats, such that conspecific presence inhibits performance early in training but facilitates it with increased training. The second experiment placed the novel response acquired in …

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Seeing The System Vs Seeing The Individual: How Contextual Information And Framing Facilitate Perceptions Of Structural Inequality, Derek Kahng Jan 2023

Seeing The System Vs Seeing The Individual: How Contextual Information And Framing Facilitate Perceptions Of Structural Inequality, Derek Kahng

Theses and Dissertations--Psychology

The current study investigates factors that facilitate adolescents' structural attributions. Namely, we focus on two main factors. First, we investigate if contextual information such as intergroup/intragroup comparisons and group/individual level framing of inequalities affects the likelihood of making structural attributions to race-based inequalities in academic achievement. Second, we investigate if the likelihood of making structural attributions differs based on individual characteristics, such as the individuals’ race/ethnicity, subjective and objective social status, and belief in meritocracy and a just world. Results and its implications will be discussed in the paper.

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The Effects Of Extended Fructose Access On Relative Value And Demand For Fructose, Saccharin, And Ventral Tegmental Stimulation, Megan Halloran Jan 2023

The Effects Of Extended Fructose Access On Relative Value And Demand For Fructose, Saccharin, And Ventral Tegmental Stimulation, Megan Halloran

Theses and Dissertations--Psychology

Globally, food addiction (FA) is a growing area of research and is largely attributed to the availability of foods that are both energy dense and high in fats and sugars. Further, it has been suggested, that sugar and fat, when consumed frequently, have properties similar to drugs of abuse. While the validity of FA is questioned, researchers have drawn parallels between substance use disorder (SUD) and FA. For example, sugar binge models emphasize craving, withdrawal and binging as primary components of FA, which are also hallmarks of SUD. Additionally, both natural rewards, like sugars, and drug rewards act on the …

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Bipolarity Of Maladaptive Personality Traits In The Alternative Model Of Personality Disorders, Alexandra Hines Jan 2023

Bipolarity Of Maladaptive Personality Traits In The Alternative Model Of Personality Disorders, Alexandra Hines

Theses and Dissertations--Psychology

It has been posited that extremely high or extremely low levels of any personality trait in the Five Factor Model of Personality can be maladaptive. However, the Alternative Model of Personality Disorders (AMPD) in Section III of the DSM-5 is composed almost exclusively of unipolar maladaptive traits. The lack of maladaptively low neuroticism and high extraversion fails to fully cover psychopathy; the lack of maladaptively high extraversion fails to cover histrionic personality disorder (HPD); the lack of maladaptively high agreeableness fails to cover dependent personality disorder (DPD); and the lack of maladaptively high conscientiousness fails to cover obsessive-compulsive personality disorder …

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The Sport Concussion Assessment Tool: A Multidimensional Symptom Model For Detecting Elevated Post-Concussion Symptoms, Eric Ingram Jan 2023

The Sport Concussion Assessment Tool: A Multidimensional Symptom Model For Detecting Elevated Post-Concussion Symptoms, Eric Ingram

Theses and Dissertations--Psychology

Following sport-related concussions, a multidimensional symptom interpretation may identify athletes with domain-specific problems when beginning to return-to-play (RTP). This study investigated whether a four-factor model of post-concussion symptoms (i.e., cognitive, physical, affective, and sleep-arousal) would identify student-athletes with persistent concerns not reflected by their total symptom score. Collegiate student-athletes (N=24,696) from the Concussion Assessment Research and Education consortium completed the Sport Concussion Assessment Tool – 3rd edition Symptom Evaluation at baseline and two post-injury follow-ups (i.e., beginning RTP and 6-month). Confirmatory factor analysis was used to compare one- and four-factor models of post-concussions symptoms. Normative reference data were …

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The Condom Use Outcomes And Sexual Functioning Of Young Adult Latinas: The Roles Of Intimate Partner Violence, Posttraumatic Stress Disorder, And Marianismo Beliefs, Jessica Flores Jan 2023

The Condom Use Outcomes And Sexual Functioning Of Young Adult Latinas: The Roles Of Intimate Partner Violence, Posttraumatic Stress Disorder, And Marianismo Beliefs, Jessica Flores

Theses and Dissertations--Psychology

Intimate partner violence (IPV) has been linked to poorer condom use outcomes and sexual functioning in women broadly. Limited studies have examined these associations in Latina samples through a culturally sensitive, trauma-informed lens. A sample of 383 U.S. Latina/Latinx/Hispanic women (Mage = 25.29 years; SD = 4.44) who had a past-year intimate relationship completed a cross-sectional online survey of IPV history, posttraumatic stress disorder (PTSD) symptoms, marianismo beliefs (i.e., traditional Latina gender role expectations), condom use outcomes (i.e., condom use attitudes, efficacy, negotiation efficacy, and behaviors) and sexual functioning. Linear regression models found that past-year IPV was positively related …

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Body-Based Harassment And Eating Disorder Symptomology In Cisgender, Transgender, And Gender Nonconforming Individuals, Sharla D. Biefield Jan 2023

Body-Based Harassment And Eating Disorder Symptomology In Cisgender, Transgender, And Gender Nonconforming Individuals, Sharla D. Biefield

Theses and Dissertations--Psychology

Past research estimates that over 60% of adolescents and young adults report eating disorder symptomology (EDS), increasing their risk for psychiatric and physical comorbidities, substance abuse, and self-harm. EDS rates are also higher among transgender and gender nonconforming (TGNC) individuals. TGNC individuals also experience higher rates of bias-based harassment, than their cisgender peers. Much of this harassment is body-based harassment (BBH), such that the harassment often targets aspects of an individual’s body. The current study utilized a pantheoretical framework, incorporating minority stress theory and objectification theory, and a multi-method approach to investigate (1) if BBH increases TGNC individuals’ risk for …

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The October 2021 Term And The Challenge To Progressive Constitutional Theory, J. Joel Alicea Jan 2023

The October 2021 Term And The Challenge To Progressive Constitutional Theory, J. Joel Alicea

Scholarly Articles

This Essay examines the ways in which the Supreme Court's October 2021 Term challenges core theoretical commitments of progressive constitutional theory. Progressive constitutional theory originated in the progressive political theory of the late nineteenth and early twentieth centuries. Accordingly, progressive constitutional theory shares progressive political theory's commitments to two propositions: rationalism and individualism. These commitments lead to an understanding of history as moving in a particular direction--one that is generally in line with progressive ideology. The originalist and traditionalist approaches of the Court's October 2021 decisions call into question the progressive confidence in the direction of history while simultaneously rejecting …

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