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Volume 60, Issue 1, 2024 Speaker & Gavel

Speaker & Gavel

Complete digital issue (Volume 60, issue 1, 2024) of Speaker & Gavel.

Representative Marjorie Taylor Greene: Image And Kategoria, Apologia, Antapologia, William L. Benoit, Kevin A. Stein

Speaker & Gavel

Republican Marjorie Taylor Greene was elected as the U.S. Representative from Georgia in November, 2020; her term of office began on January 3, 2021. On that day, Democratic Representative Jahana Hayes denounced Greene for “espousing hateful rhetoric and conspiracy theories about the legitimacy of mass school shootings,” expressing this sentiment in a letter to the Republican leadership in the House which was posted on Twitter. Hayes argued that Greene should not be appointed to the House Committee on Education and Labor. The next day, Representative Greene responded with an apologia on the House floor. This defense in turn prompted Democratic …

My Larry Story: Around The Horn, Susan Collie, Randy Cox, Daniel Cronn-Mills, Joel Hefling, Todd T. Holm, Vicki Karns, James Kimble, Lee Mayfield, Karen (Piercy) Morris, Richard Paine, John Perlich, Judy Santacatarina, Dan Smith, Leah White, David Whitt, David Worth

Speaker & Gavel

This article celebrates the life of Larry Schnoor.

Democracy In Crisis: Persuasive Attack On President Donald Trump In The January 6 Select Committee's Final Report, William L. Benoit

Speaker & Gavel

Joe Biden defeated Donald Trump in the 2020 American presidential election. However, President Trump refused to accept his loss and he created and implemented multiple schemes to overthrow the election so he could stay in office. The House Select Committee to Investigate the January 6th Attack on the United States Capitol conducted televised hearings into the insurrection and published its report on December 22, 2022. This study employs the Theory of Persuasive Attack to investigate strategies employed to attack Trump in its Report. He was attacked both for action (attempting to overturn the election) and inaction (refusing requests to ask …

Volume 60, Issue 1, 2024 Speaker & Gavel Front Matter

Speaker & Gavel

Front matter and table of contents for Volume 60, Issue 1, 2024 of Speaker & Gavel.

Cities And Strongholds: Of Middle-Earth: Essays On The Habitations Of Tolkien’S Legendarium (2024) Edited By Cami D. Agan, Marilyn R. Pukkila

Journal of Tolkien Research

Book review, by Marilyn R. Pukkila, of Cities and Strongholds: of Middle-earth: Essays on the Habitations of Tolkien’s Legendarium (2024), edited by Cami D. Agan

Potential Impact Of Artificial Intelligence On Small And Medium Enterprises Innovation In The Eu: A Perspective From Poland, Malgorzata Wilczynska, Alina Walenia, Artur Dabek, Daniel Salabura, Halina Kot

Markets, Globalization & Development Review

The development of small and medium-sized enterprises is a complex process that requires the use of all approaches to achieve success. In this regard, finding opportunities to use artificial intelligence in such companies is of great importance. The study aims to assess how this technology affects the innovation and financial performance of small and medium-sized enterprises. To draw the main conclusions, the implementation of artificial intelligence at Polish enterprises, including in the context of their financial performance, namely the level of return on assets and the level of debt, was analysed. The study showed that the introduction of artificial intelligence …

The Status Of Jury Trial Waivers In Maine's District Court, Robert M. Knight

Maine Law Review

The power of a defendant to waive jury trial in state and federal criminal prosecutions has long been recognized. At the same time, when the offense charged is serious, i.e., one which invokes a federal constitutional right to jury trial, the United States Supreme Court has required a careful examination of the validity of such a waiver. The waiver rule applicable in Maine's superior court fully appreciates this strict waiver standard. Exercising its rulemaking authority, however, Maine's Supreme Judicial Court adopted a rule (effective in 1982) for waiver of jury trial in the state's district court which seemingly obscured the …

Boucher V. Maine Employment Security Commission: The Role Of Acceptance In Employment Security Law, Bradley M. Lown

Maine Law Review

The Maine Employment Security Law was enacted in an attempt to limit the serious social consequences of unemployment and to insure individual workers against the distress of involuntary unemployment. Under the law, employees who leave work voluntarily without "good cause" are ineligible for unemployment compensation benefits. Until recently the Maine Supreme Judicial Court had not determined whether a substantial reduction in wages by an employer would constitute good cause to leave work under the "voluntary quit" provision of the law. In Boucher v. Maine Employment Security Commission, however, the Maine Supreme Judicial Court, sitting as the Law Court, determined that …

A Quarter Of A Century Of Rulemaking With Particular Attention To The Federal Rules Of Criminal Procedure, Frank J. Remington

Maine Law Review

It is a happy coincidence that Edward Thaxter Gignoux completes twenty-five years on the bench at about the same time that the present rulemaking procedures in the federal system reach their twenty-fifth anniversary. In the quarter of a century of the present system for rulemaking there have been three distinguished chairmen of the Standing Committee—the committee to which there is delegated overall responsibility for rulemaking by the Judicial Conference of the United States. The three chairmen are Senior Circuit Judge Albert Maris, generally thought of as the modern "Father" of federal rulemaking, Senior District Judge Rozell Thomson and the present …

State Courts' Interest In Federal Rulemaking: A Proposal For Recognition, Vincent L. Mckusick

Maine Law Review

As we approach the half-century anniversary of the adoption of the Federal Rules of Civil Procedure, we should take stock of the extent that they have served as a model for state rulemaking. At least thirty states, plus the District of Columbia and Puerto Rico, now have civil rules substantially identical to the federal rules. Of the remaining states, only three have statutes or rules of civil procedure that bear little or no resemblance to the federal model Even those states such as Illinois, Michigan, New York, and Pennsylvania that have not modeled their civil procedure generally on the federal …

The Constitution At Sea, Louis Henkin

Maine Law Review

Time was when it was assumed that the United States Constitution, like a deity of old, ruled only in its territory and did not apply outside the United States. Since 1957 we know that the Constitution applies wherever the United States exercises authority. If, as the Supreme Court then held, the Constitution governs the acts of the United States in the territory of a foreign state, where the Constitution might be deemed a foreign "intruder" on local sovereignty, it would seem to apply also — indeed a fortiori — to acts of the United States on the high seas, where …

Judge Edward T. Gignoux — A Personal Appreciation, Frank M. Coffin

Maine Law Review

Most occasions for encomia about judges occur when the subject has departed the scene of his accomplishments. Happily, the subject of this issue of the Maine Law Review is still with us and likely to be so for a long time. He also happens to measure up precisely to the overused word "paragon." I use it in the original Latin sense of "whetstone," something to sharpen against or to compare oneself with. My thesis is that Judge Gignoux gives observers of any age, but particularly the young, an inspiring role model. This volume is felicitously dedicated. The ever-present problem is …

Restraining The Prosecutor: Restrictions On Threatening Prosecution For Civil Ends, James A. Trowbridge

Maine Law Review

Prosecutors in some cases agree to dismiss criminal charges, admit a defendant to a diversion program, or enter a nolle prosequi in exchange for the defendant signing a waiver of any civil claims against law enforcement agents, governments, or private persons. The practice of a prosecutor bargaining for the release of law enforcement personnel or others from civil liability raises serious questions concerning the independence of the prosecutorial function, the relationship of prosecutors to other legal institutions, and the application of rules of professional responsibility. Generally, courts have been critical of these arrangements. The Model Code of Professional Responsibility (Code) …

In Re Daniel C.: Reunification Efforts And The Termination Of Parental Rights, James W. Claus

Maine Law Review

In In re Daniel C., the Maine Supreme Judicial Court, sitting as the Law Court, affirmed an order terminating a father's parental rights pursuant to title 22, section 4055 of the Maine Revised Statutes. The issue on appeal concerned the effect of a failure by the Department of Human Services (DHS) to make efforts toward family reunification. The appellant, Daniel C.'s father, Everett Co., argued that the DHS failed to make adequate reunification efforts as required by title 22, section 4041 of the Maine Revised Statutes and that this failure precluded the termination of his parental rights. The Law Court …

In Re Caulk: A Prisoner's Right To Die—The Factor Of Intent, Laurence H. Leavitt

Maine Law Review

In prisons throughout the United States, prisoners commonly use hunger strikes as an avenue of protest to make personal demands, to call attention to poor prison conditions, or to make various political statements. Prisoners typically choose this route because they view their own bodies as one of the few things over which they actually have control and because the extreme slowness of a hunger strike gives others the chance to meet their political or personal demands. When confronted with such attempts at starvation, prison officials almost invariably have resorted to force-feeding the hunger strikers, although in recent years some prison …

Home Rule And The Pre-Emption Doctrine: The Relationship Between State And Local Government In Maine, Robert W. Bower Jr.

Maine Law Review

The legal relationship between a state government and a municipal government determines the powers and responsibilities of these two political entities. In Maine this relationship is complex and uncertain due to ambiguities in the constitutional and statutory scheme governing it and due to the Maine Supreme Judicial Court's narrow and inconsistent interpretation of that scheme. This Comment discusses the various methods for delegating power to municipalities, including the traditional method which was used in Maine prior to 1970. In addition, this Comment examines the "home rule" scheme enacted in 1970 and its subsequent judicial interpretation and application. Any statutory or …

The Maiden’S Tower Of Femininity, Amrita Dhar

Rushton Journal of Undergraduate Humanities Research

This paper examines portrayals of femininity within “Maiden in the Tower” tales. It analyzes the means by which maturation, sexuality, reproduction, and female agency contribute to the shaping of femininity. Via Petrosinella by Giambattista Basile, Rapunzel by the Brothers Grimm, and Tangled by Disney, the paper explores how variations portray historically unique interpretations of ideal, female traits that defy common assumptions. The evolution of perspectives across “Maiden in the Tower” tales help us grasp how gender ideologies are communicated and how women are socialized.

Political Posters, Periperformativity, And Power: An Analysis Of The Connections Between An Activist Movement's Image And Sound, Adeline Navarro

Rushton Journal of Undergraduate Humanities Research

This essay argues that we can gain a better understanding of the relationship between ACT UP’s image and sound, specifically its political posters and subsequent chants, by using Eve Kosofsky Sedgwick’s theory of periperformativity to examine the periperformative dimension of these chants and thus the power they lend ACT UP members during civil disobedience demonstrations. Second, it argues that the periperformative has the capacity to register historical change because it is an instance of, we-work.

Automated Regression Testing Framework For Large Language Models, Claudio Criscione, Sebastian Lekies

Defensive Publications Series

This disclosure describes a system for automated regression testing of large language models (LLMs). LLMs can be trained or fine-tuned with safety-oriented data and similar techniques to prevent undesirable outputs. However, additional training and fine-tuning can result in an LLM regressing and producing undesirable outputs. These regressions can be difficult to detect and track given the fast pace of research and development in this field. This system provides automated infrastructure and techniques for testing new versions of LLMs for regression against stored tests. The system includes integrator modules that provide a uniform testing interface for various types of LLMs and …

Defined-Trust Transport Protocol For Limited Domains, Kathleen Nichols

Defensive Publications Series

The Defined-trust Transport (DeftT) is designed to provide secure, default-deny networking for closed communities with dynamic membership and a collection-based construct that is efficient on broadcast media. Such closed communities, also known as limited domains [LDCCR], are frequently used in Operational Technology (OT) networking, in particular , in Critical Infrastructure uses. DeftT is designed to express and enforce application- and deployment-specific integrity, authentication, access control and behavior constraints directly in its protocol modules. It enables secure and completely self-contained (e.g., no external identity servers or certificate authorities) overlay networks where credentialed members can join and leave at any time. Security …

Developing A Trauma-Informed Family-Centered Care Toolkit For Neonatal Intensive Care Unit Nurses, Sonja A. Alli-Casella

DNP Qualifying Manuscripts

Background: The neonatal intensive care unit (NICU) may be a stressful, traumatizing, or re-traumatizing experience for parents of critically ill newborns and infants.

Problem: NICU nurses and other healthcare providers may not realize their impact on parental stress responses as neonatal care providers may not have adequate training to support adults experiencing acute emotional distress.

Methods: Strong evidence supports using family-centered care (FCC) in the NICU to promote bonding and parental involvement in caring for their infants. This manuscript aims to review current research and literature on trauma-informed care training and its impact on nurse confidence in managing dysregulated adults, …

Optimal Algorithm For Managing On-Campus Student Transportation, Youssef Harrath, Jood Alyusuf, Zeena Ghulam, Muna Aldoseri

Research & Publications

This study analyzed the transportation issues at the University of Bahrain Sakhir campus, where a bus system with an unorganized and fixed number of buses allocated each semester was in place. Data was collected through a survey, onsite observations, and student schedules to estimate the number of buses needed. The study was limited to students who require to move between buildings for academic purposes and not those who choose to ride buses for other reasons. An algorithm was designed to calculate the optimal number of buses for each time slot, and for each day. This solution could improve transportation efficiency, …

Beyond The Greenwash: Identifying Genuine Corporate Sustainability, Victoria Agbakwuru

Lincoln Memorial University Law Review Archive

As sustainability becomes a critical factor in corporate strategy and consumer decision-making, the rise of greenwashing—where companies exaggerate or falsify environmental claims—poses a significant challenge. This article delves into the legal landscape of greenwashing in the United States and the European Union. It considers regulations specifically tailored to combating greenwashing and encouraging sustainability in those regions. Genuine sustainability practices that companies can engage in are identified and recommended. These include embracing ESG reporting, truth in advertising, transparency, certification and compliance, consistency, and accountability.

An Examination Of The Impact Of A Dishonorable Discharge Upon Second Amendment Rights., Heidi Timmerman

Lincoln Memorial University Law Review Archive

I participated in multiple court-martials and administrative discharges during my time of active-duty military service, primarily representing the servicemember’s command. Twenty years later, a federal criminal law course in law school drew my attention to specific consequences of military discharges. This article explores U.S. discharge policies, practices, consequences of discharge types, and the possible recourse paths. This examination started with research on discharge impacts on one’s Second Amendment right to bear arms; however, an array of discharge impacts emerged.While the U.S. Code provides discharge guidelines, each branch of the U.S. military is given a wide berth in application of the …

From Beating Students Down To Building Students Up: Eradicating The School-To-Prison Pipeline, Aubrian Sanders

Lincoln Memorial University Law Review Archive

This note examines the school-to-prison pipeline, its impact on minority children, and strategies for its elimination. The school-to-prison pipeline systematically removes minority children from the classroom. This process facilitates their entry into the justice system through school punishments, the use of school resource officers, and the harsh conditions of the juvenile justice system which has devastating effects on the minority youths in America. To correct this problem, action must be taken at every step along the pipeline to completely alter the behavior that destines the minority youth of America to incarceration. These key steps include reforming school discipline, removing school …

Biglaw's Campus Reach, Raj Ashar

Lincoln Memorial University Law Review Archive

At many top-ranked law schools, BigLaw firms are the top destination for graduating students. But their presence in the lives of law students starts well before graduation. This note documents the symbiotic relationship between law firms and top law schools, identifying ways in which BigLaw firms embed themselves in these institutions. It then attempts to explain the reason for this strong connection and identifies some potential risks of allowing firms regular access to law students. Finally, it lays out proposals for reform including the regulation of firm sponsorships and changing the recruiting process.

Senate Meeting, December 11, 2024, Academic Senate

Academic Senate Minutes

No abstract provided.

Minutes, College Of Liberal Arts Executive Committee Meeting, Wednesday, December 11, 2024, College Of Liberal Arts Faculty, Rollins College

The College of Liberal Arts Faculty Minutes

No abstract provided.

Harmonizing Impact: Aligning Nonprofit Mission With Key Performance Indicators, Mary Alice Dunphy

Walden Dissertations and Doctoral Studies

Music school leaders struggle to balance delivering impactful programs with maintaining operational efficiencies. Developing effective strategies to address these inefficiencies is crucial for maximizing the impact of music education and ensuring long-term institutional success. Grounded in the Baldrige performance excellence framework, the purpose of this qualitative single case study was to explore the strategies nonprofit leaders use to identify holistic performance measurements to enhance operational efficiencies and effectiveness. The participants were three senior leaders of the school. Data were collected through semistructured interviews and an analysis of internal documents and archival data. Through thematic analysis, five themes were identified: (a) …