Digital Commons Network^™

The Experiences And Perspectives Of Documented Hispanic Immigrants Dealing With Survivor’S Guilt, Fallon Victoria Wall

Walden Dissertations and Doctoral Studies

Hispanic immigrants are understudied and underserved; this is a population that continues to battle injustices and discriminatory actions due to immigration policy. The Hispanic population struggles with immigration stress and deportation, which contributes to difficulties such as psychological distress, physical health problems, acculturative stress, employment difficulties, and decreased access to support and services. In this study, a generic qualitative design was utilized to explore immigration stress and the experiences of documented Hispanic immigrants dealing with survivor’s guilt as it relates to the deportation of their loved ones. Relational cultural theory as used in the study to explore the Hispanic population, …

Enrollment In Science, Technology, Engineering, And Math Courses After Enactment Of Texas' House Bill 5, Carlana Cla'shette Allen

Walden Dissertations and Doctoral Studies

Student participation and performance in science, technology, engineering, and math (STEM) have been an education concern in the United States for years. In 2013, Texas lawmakers passed House Bill 5 (HB5) to support increases in STEM awareness, particularly among ethnic minority and female students. To date, no studies have been conducted on the impact, if any, of HB5 on Texas high school students’ course selections in STEM areas. Further, it is unknown whether the impact that does exist is equally distributed across socioeconomic status (SES), race/ethnicity, and gender groups. The purpose of this nonexperimental correlational quantitative study was to determine …

What Mcculloch V. Maryland Got Wrong: The Original Meaning Of "Necessary" Is Not "Useful", "Convenient", Or "Rational", Steven Gow Calabresi, Elise Kostial, Gary S. Lawson

Faculty Scholarship

McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . …

Waivers, Keith N. Hylton

Faculty Scholarship

Waiver contracts are agreements in which one party promises not to sue the other for injuries that occur during their contractual relationship. Waivers are controversial in the consumer context, especially when presented in standard form, take-it-or-leave-it contracts. The law on waivers appears muddled, with no consistent doctrine or policy among the courts on enforceability. The aim of this paper is to offer a consistent set of policies that can form the foundation of a consistent set of doctrines, leading ultimately to a more apparently consistent treatment of waivers in the courts. The most basic piece of this paper’s framework is …

The Sec's Compensation Clawback Loophole, David I. Walker

Faculty Scholarship

The SEC has recently released final rules implementing the executive incentive compensation recovery or “clawback” provisions of the 2010 Dodd-Frank Act. These rules are aimed at recovering from executives incentive compensation determined to be excessive in light of a subsequent accounting restatement. Unfortunately, the SEC’s rules create a loophole by excluding purely time-vested stock and stock option grants from the reach of the new clawback regime. This aspect of the rulemaking seems inconsistent with the intent of Congress, and the result likely will be to distort executive pay practices in a perverse fashion, shifting compensation back in the direction of …

The Ghosts Of Chevron Present And Future, Gary S. Lawson

Faculty Scholarship

In the October 2021 term, the Supreme Court decided six cases involving federal agency interpretations of statutes, at least five of which seemingly implicated the Chevron doctrine and several of which explicitly turned on applications of Chevron in the lower courts. But while the Chevron doctrine has dominated federal administrative law for nearly four decades, not a single majority opinion during the term even cited Chevron. Three of those cases formalized the so-called “major questions” doctrine, which functions essentially as an anti-Chevron doctrine by requiring clear congressional statements of authority to justify agency action on matters of great legal and …

Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey

Faculty Scholarship

Today's intellectual property debates, in both law and the larger society, are a bellwether of changing justice needs in the twenty-first century. As the digital age democratizes technological opportunities, it brings intellectual property law into mainstream everyday culture. This generates debates about the relationship between the constitutional interest in "the progress of science and useful arts" and other fundamental values, such as equality, privacy, and distributive justice. These values, which were not explicitly part of intellectual property regimes in prior eras, are especially challenged in today's internet world.

The article (which was presented as the annual Nies Lecture in April …

Title Ix’S Unrealized Potential To Prevent Sexual Violence, Katharine B. Silbaugh

Faculty Scholarship

The mandate of Title IX is equality in educational opportunities. If educational institutions could prevent sexual assaults from occurring, they would more fully ensure that students are not limited in their ability to benefit from the school’s educational programs. However, Title IX administration on college campuses still focuses far more on post-assault infrastructure than on assault prevention.

Yet with the ever-increasing particularity of the assault response requirements emanating from the Department of Education (“DOE”)2 and courts, Title IX jurisprudence has strayed too far from this basic purpose: to ensure that students in federally funding schools are not denied or limited …

Title Ix And The Challenges Of Educating For Equality, Linda C. Mcclain

Faculty Scholarship

Educating for equality to foster practicing equality must be a vital task for the next fifty years of Title IX. It is also a task that fits into the mission and expertise of schools as educational institutions. I use “educating for equality” as shorthand for the role of schools in preparing children, adolescents, and college students to participate in and build a world in which—to echo Title IX’s “37 words that changed everything”¹—“No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to …

Ordered Liberty After Dobbs, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

This Essay explores the implications of Dobbs v. Jackson Women’s Health Organization for the future of substantive due process (SDP) liberties protecting personal autonomy, bodily integrity, familial relationships (including marriage), sexuality, and reproduction. We situate Dobbs in the context of prior battles on the Supreme Court over the proper interpretive approach to deciding what basic liberties the Due Process Clause (DPC) protects. As a framing device, we refer to two competing approaches as “the party of [Justice] Harlan or Casey” versus “the party of Glucksberg.” In Dobbs, the dissent co-authored by Justices Breyer, Sotomayor, and Kagan represents the party of …

Family Needs, Family Leave In 2023, Katharine B. Silbaugh

Faculty Scholarship

Instituting support for women and children is a difficult task to imagine in a world that is removing reproductive freedom and healthcare. In this hypothetical, do we treat the removal of abortion care as a force majeure, natural disaster, or an earthquake? If so, after the earthquake, the community bands together and works tirelessly to compensate for what has happened. But the removal of abortion care was not a natural disaster-it was planned, and it is embedded in background conditions that are pushing further away from support for women and children.

The primary task of this Article is to respond …

Amicus Brief In Sec V. Jarkesy On Original Public Meaning Of Article Ii & Presidential Removal, Jed Handelsman Shugerman

Faculty Scholarship

In holding that the SEC’s administrative law judges’ protections against removal were unconstitutional, the Fifth Circuit extended Free Enterprise Fund v. PCAOB, 561 U.S. 447 (2010), and Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020). Those precedents were based on an incomplete historical record. Subsequent historical research shows that the Founding generation never understood Article II to grant the President an indefeasible removal power.

To be sure, this evidence does not suggest Congress should have unlimited power to protect any executive office or delegate removal to itself. Rather, the bottom line is that the evidence of original public …

The Myth Of The "Nationwide Injunction", Portia Pedro

Faculty Scholarship

A growing number of scholars, judges, and Justices are debating the permissibility and propriety of relief that they are calling "national injunctions" or "nationwide injunctions. "An injunction is a court order that prohibits an entity from taking certain actions or that requires an entity to take specified actions. Drawing from scholarly literature and popular discourse, some define a "nationwide injunction" as an injunction with no geographic limitation that benefits nonparties, in addition to named plaintiffs or defined plaintiff classes. Injunctive relief in a number of high-profile cases falls within the crosshairs of "nationwide injunction" opponents. On the chopping block is …

Judicial Resistance To New York's 2020 Criminal Legal Reforms, Angelo Petrigh

Faculty Scholarship

Scholars have examined judiciaries as organizations with their own culture and considered how this organizational culture can form a significant impediment to the implementation of reforms.²² There is a strong connection between judicial culture and a reform’s ability to accomplish its stated goals. Some go so far as to state that most reforms will fail because of the difficulty in altering judicial culture.²³ These studies sometimes focus on legislators misunderstanding the actual effects of legislation when it was drafted, or on the failure to account for particularities in a law’s implementation by undervaluing the fragmentation, adversarial nature, and …

A Concrete Proposal For Data Loyalty, Neil Richards, Woodrow Hartzog, Jordan Francis

Faculty Scholarship

Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued “notice and choice” model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart of their proposed privacy bills. This is important because a duty of data loyalty has the potential to anchor American privacy law in a way analogous to how the European Union approach is grounded in fundamental rights of privacy and data protection.

Unfortunately, there remains some …

Book Review L Boats In A Storm: Law, Migration, And Decolonization In South And Southeast Asia, 1942–1962 By Kalyani Ramnath (Stanford University Press 2023), Anwesha Ghosh

National Law School Journal

Book Review l Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia by Kalyani Ramnath

Editorial

National Law School Journal

This editorial contextualises the articles in Issue 17(2), which treat matters of public discourse primarily through the lens of public law.

The Paradox Of Juridical Secularism: An Illustration Through The Cases Of Sabarimala And Hijab, Sukriti .

National Law School Journal

Secularism in India was imagined in cognisance of religion's entrenchment in the public life of the country as well as in people’s identities. This form of secularism was made possible within the Constitution of India through a broad framing of religious freedoms that was limited by statist concerns such as public order, morality, and health. In the face of rising majoritarianism, secular values are under serious challenge, impacting the right to religious freedom and expression. In the face of this challenge, this article assesses the judiciary’s engagement with religion on issues of discrimination against women. The article contends that the …

Towards A Monist Constitutional Ideology? In Re: Article 370 Of The Constitution, Subordination Of Jammu And Kashmir, And The Supra-Constitutional Presidential Power, Zaid Deva

National Law School Journal

This case comment shows how the fascination for a certain form of a monist constitutional order, first articulated by the opposition during the Nehru years, was institutionalised in the form of a judicial discourse, culminating in the Article 370 judgement. At the heart of this discourse lay two imaginaries: (i) a subordinated Jammu and Kashmir (J&K) and (ii) an unbounded or supra-constitutional power vested in the Indian president to deal with J&K, freed of the express conditions precedent laid down in the proviso to Clause 3 of Article 370. In this case comment, I trace the continuities between these monist …

The First Republic Of Azerbaijan: A State Without A Nation, Orkhan Valiyev, Musa Yavuz Alptekin

Khazar Journal of Humanities and Social Sciences

The process of forming modern nation-states is the nationalization of belief and consciousness through secularization. Azerbaijan has experienced modernity under Tsarist colonialism. Due to colonialism, the modernization process started without national policy. This article aims to shed light on the research related to the first Republic of Azerbaijan. In this respect, first, a theoretical background was formed, then modernization was addressed in the colonial context, focusing on the formation of modern secular belief in Azerbaijan. Moreover, Turkism was addressed as the basis for the formation of national/political consciousness. The study was built on the problem of why the republic was …

Chemosensory System Of Tsetse Flies (Diptera: Glossinidae), M. N. Getahun, R. W. Macharia, S. G. Nyanjom, G. F. Obiero, S. Diallo, P. O. Mireji, D. Masiga

All Peer-Reviewed Publications

Tsetse flies are exclusively hematophagous and vectors of trypanosomes, which cause human and animal African trypanosomiasis. They are widely distributed in Africa, with 33 extant taxa and 22 species in three sub-genera. Despite a low reproductive rate, tsetse can maintain populations large enough to cause the restriction of the economic use of large areas of tropical Africa through the transmission of trypanosomiases. This success is largely due to their ability to navigate in their environments, using olfactory signals, which elicit critical behavioural phenotypes, such as attraction to hosts for blood meals, larviposition and resting sites, as well as avoidance of …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Editorial, Apoorva Nangia

Socio-Legal Review

No abstract provided.

Street Vendor Politics And Legal Mobilisation In Metropolitan India: A Retrospective View, Karthik Rao Cavale

Socio-Legal Review

Socio-legal analysis distinguishes itself from more conventional modes of legal reasoning by eschewing an excessive focus on the content of law and instead emphasising a) the motivations of social actors engaging in legal mobilisation; b) legal procedures; and c) bargaining in the shadow of law. In this retrospective essay, I analyse the 30-year period of judicial intervention in street vending governance in two cities—Mumbai and Chennai—beginning in the 1980s and culminating in the passage of the Street Vendors Act 2014 by Parliament. I demonstrate that the above analysis can provide a possible explanation for the limited success of judicial intervention …

Street Vendors And Social Solidarity Economy: Reimagining Credit And Social Security, Roopa Madhav, Avi Singh Majithia

Socio-Legal Review

Efforts to advance a strong legal framework to protect informal worker rights in India have tread a convoluted path, fraught with numerous challenges. The long struggle for the legal recognition of street vendors has involved many landmark court rulings, but the implementation of these rulings has been problematic. The problems of implementation include the issues of regulatory design of the Street Vendors Act 2014 and the institutional resistance to enabling informal livelihoods. Government measures to support the most vulnerable street vendors have been inconsistent, particularly at the local level, where confusion and resistance persist. While the pandemic further complicated these …

Claiming The City Between Two Laws: The Street Vendors Movement In Shillong, Reeju Ray, Celine Cordeiro

Socio-Legal Review

After a long drawn legal battle, the Meghalaya High Court in 2022 repealed the contentious Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and ordered the implementation of the central Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. This paper examines the replacement of the State Act with the Central Act and briefly delves into the social and urban historical context of Shillong to situate the role of law and rights of vendors. In view of the developments in the last decade on street vending regulation and a movement for reform …

Micropolitics Of Urban Informality And Street Vendors In Kolkata, Tathagata Chatterji, Archit Sinha, Atanu Chatterjee, Anjita Paul

Socio-Legal Review

Street vending activities received formal legislative recognition in India, with the Parliament enacting the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act in 2014. Since then, the judiciary has sought to uphold the rule based order through the implementation of the Street Vendors Act. However, on-ground implementation of the progressive legislation remains challenging, and vendors continue to face harassment. Looking through the prism of “political society”, this article explores micro-level network politics around street vending in Kolkata. First, it discusses how the city’s political economic context played a role in the mobilisation of the vendors to resist …

Editorial, Prashant Narang

Socio-Legal Review

No abstract provided.

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Meningitis In Hiv Positive And Negative Patients: A Comparative Demographic Profile., Sridhar Amalakanti, Jyothi Priya Jillella, Krishna Sagar Gajula

Digital Journal of Clinical Medicine

Background: Meningitis is a serious infection in HIV patients claiming millions of lives across the world. Comparative studies of meningitis in HIV positive and negative patients are scarce. Methods: We performed a comparative study of the demographic features of meningitis in HIV positive [116] and HIV negative [218] patients at a tertiary hospital over a period of four years. Results: In HIV seropositive patients the percentage of women was lesser [29.6% vs. 42.5%], the proportion of students was lesser [4.8% vs.14%], but the proportion of professionals was higher [17.5% vs. 10.8%] when compared to HIV seronegative group. Even though Tuberculosis …