Digital Commons Network^™

Abortion And The Extremism Of Bright Line Rules, Teneille R. Brown

Utah Law Faculty Scholarship

Rather than eliding the workability or necessity of bright-line rules in certain domains, this Essay is a rallying cry for epistemic humility regarding what biological criteria can and cannot say. Policymakers sometimes lean on the biosciences to offer “objective” solutions to thorny
moral and legal issues. But descriptive biological data cannot answer normative questions on their own. Cloaking the theoretical, normative scaffolding in biological criteria is a disingenuous but common phenomenon I refer to as the “bio-legal mismatch.”

In this Essay, I discuss various abortion-restrictive statutes and cases to elucidate the problems with the bio-legal mismatch. Specifically, I explore the …

Addressing Unlawful Cyber Operations In Armed Conflict Through Human Rights Bodies Instead Of The International Criminal Court, Zachary R. Orr

Vanderbilt Journal of Transnational Law

Although the ICC-or other similarly-situated international criminal tribunals-could soon see the first cyber war crime prosecution, two glaring issues persist. First, the universe of conduct that could give rise to such a prosecution is limited. Second, heavy reliance on the war crimes framework fails to provide a forum for redress of many harms caused by other unlawful cyber operations in armed conflict. The fragmented nature of international law and its enforcement mechanisms requires solutions that harness the full range of the integrated architecture of the international system. Cyber operations might soon feature at the ICC, but only a fraction of …

Temporary Protection For Ukrainians In The European Union: Why Now And When Again?, Maryellen Fullerton

Vanderbilt Journal of Transnational Law

In 2022, the Russian invasion of Ukraine produced an unprecedented wave of temporary immigration protections throughout the European Union (EU). Within the first few months of the war in Ukraine, over 4 million displaced individuals had registered for temporary protection. EU States distant from Ukraine sheltered hundreds of thousands of displaced families, while Poland and other EU States that border Ukraine sheltered more than 2 million. This groundswell response marked a striking departure from just seven years earlier, when the EU Commission and EU Council failed to use readily available laws to provide a temporary protection program for Syrians displaced …

Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt

Vanderbilt Journal of Transnational Law

Beyond the alluring promise of an enhanced social safety net for Russian citizens, President Vladimir Putin's constitutional amendments of 2020 betrayed a distinct preoccupation with fortifying Russia's international standing and crafting a new national identity. By Putin's own account, these amendments were necessary to steel the country against the malevolent action of international conspirators committed to Russia's downfall. As this Article posits, these specific constitutional changes systematically entrenched an exceptionalist vision of Russian sovereignty and a civilizational identity that left the country constitutionally untethered from international norms and institutions, saturated in religious fervor and visions of imperial glory, and poised …

Book Review: From Thought To Action: Developing A Social Justice Orientation, Joy L. Daggs

Iowa Journal of Communication

In the second edition of From Thought to Action: Developing a Social Justice Orientation, Sanford helps to provide a framework for students’ first exposure to allyship and activism. In the preface of the book, Sanford (2024) articulates the three major purposes of the book, which include helping new allies, “a) focus on common humanity, b) feel less isolated on their social justice journey, c) figure out how to move from thought to action, either individually or collectively.” (p. xiv) The book could be used to supplement a course on Intercultural Communication, encouraging students to take their knowledge to collaborate with …

Synthesis And Characterization Of Thieno[3,4-B]Pyrazine-Based Near-Infrared Material, Spencer Gilman

Chemistry and Biochemistry

Since their first report in the 1800s, conjugated polymers have gained significant attention for their ability to exhibit the optical and electronic properties of inorganic semiconductors and the physical traits of organic plastics. This has led to the development of organic electronics with notable commercial applications, such as organic photovoltaics and organic light-emitting diodes. The tunability of these materials has also allowed for the production of materials that absorb and emit near-infrared (NIR) light, making them useful for NIR photodetection and bioimaging. NIR photodetection is important for several applications, including optical communication, artificial vision, and health monitoring. Commercially available NIR …

Organizational Identity Management Policies, Alexander Rieger, Tamara Roth, Johannes Sedlmeir, Gilbert Fridgen, Amber Young

Information Systems Faculty Publications and Presentations

Effective identity management is essential for secure organizational processes, but organizations often do not approach it strategically. To break this trajectory, organizational policymakers need to define a clear and sustainable identity management strategy. This paper presents an overview and guidelines to help shape such strategy. It analyzes the key characteristics and trade-offs of today’s identity management models. Moreover, it offers practical recommendations for organizational policymakers when choosing among these models.

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes

Faculty Scholarship

The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …

Counseling Oppression, Angelo Petrigh

Faculty Scholarship

Critical scholars and public defenders alike have grappled with the contradictions at the heart of counseling clients in a carceral system. Systems of oppression operate within the public defender - client relationship because the defender’s role in translating the law also enforces its inequities. Counseling can obscure the workings of the system, providing an illusion of choice despite privileging certain forms of knowledge and tactics.

But the counseling site is also where defenders become exposed to client’s lived experiences, encounter collectivist tactics, and critically examine the tension of their role in the system. Likewise, through counseling defenders can pull back …

Human Rights In Hospitals: An End To Routine Shackling, Neil Singh Bedi, Nisha Mathur, Judy D. Wang, Avital Rech, Nancy Gaden, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Medical students (NSB, NM, JDW) spearheaded revision of the policy and clinical practice for shackling incarcerated patients at Boston Medical Center (BMC), the largest safety net hospital in New England. In American hospitals, routine shackling of incarcerated patients with metal restraints is widespread—except for perinatal patients—regardless of consciousness, mobility, illness severity, or age. The modified policy includes individualized assessments and allows incarcerated patients to be unshackled if they meet defined criteria. The students also formed the Stop Shackling Patients Coalition (SSP Coalition) of clinicians, public health practitioners, human rights advocates, and community members determined to humanize the inpatient treatment of …

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Gigi Walker, Brian Flaherty

Faculty Scholarship

The past few decades have seen a welcomed focus on “Trauma-informed education.” This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma.¹ While the original study focused on outcomes such as chronic health problems, incarceration, and employment challenges, later researchers focused on the negative impacts on education and learning as a result of trauma.² Educators continue to work with this research trying to figure out how to be more “trauma-informed,” and to better reach those students whose lives and learning capacity have been affected …

Against Engagement, Neil Richards, Woodrow Hartzog

Faculty Scholarship

In this Article, we focus on a key dimension of commercial surveillance by data-intensive digital platforms that is too often treated as a supporting cast member instead of a star of the show: the concept of engagement. Engagement is, simply put, a measure of time, attention, and other interactions with a service. The economic logic of engagement is simple: more engagement equals more ads watched equals more revenue. Engagement is a lucrative digital business model, but it is problematic in several ways that lurk beneath the happy sloganeering of a “free” internet

Our goal in this Article is to isolate …

Kafka In The Age Of Ai And The Futility Of Privacy As Control, Daniel Solove, Woodrow Hartzog

Faculty Scholarship

Despite writing more than a century ago, Franz Kafka captured the core problem of digital technologies—how individuals are rendered powerless and vulnerable. Over the past fifty years, and especially in the twenty-first century, privacy laws have been sprouting up around the world. These laws are often based heavily on an Individual Control Model that aims to empower individuals with rights to help them control the collection, use, and disclosure of their data.

In this Article, we argue that although Kafka starkly shows us the plight of the disempowered individual, his work also paradoxically suggests that empowering the individual isn’t the …

Moving Beyond Statements And Good Intentions In U.S. Law Schools, Angela Onwuachi-Willig

Faculty Scholarship

This Article seeks to answer these questions about how law school leaders might help to cultivate antiracist cultures within their law schools, among their students, and across the legal profession, even in the face of a growing national backlash against antiracism, diversity, equity, and inclusion.³² Part I first establishes why it is important for law schools to "provide [an] education to law students on bias, cross-cultural competency, and racism," as the American Bar Association (ABA) requires, and to train future lawyers who have the abilities to combat racism. ³³ In so doing, Part I defines key terms such as …

The War On Higher Education, Athena Mutua, Jonathan Feingold, Angela Harris, Emily Houh, Matthew Patrick Shaw, Frank Valdes

Faculty Scholarship

Academic freedom is under assault in the United States.¹ Like the authoritarian populism rising across the globe, domestic attacks on individual professors and academic institutions buttress a broader and multifaceted campaign to undermine multiracial democracy and the institutions that sustain and safeguard it.² The individuals and entities driving this antidemocratic movement have also targeted the electoral process; public education; the right to bodily autonomy; the civil rights and liberties of minoritized and marginalized communities; and freedom of speech and expression (increasingly marshaled against pro-Palestinian advocacy).³ Their openly stated goal is to delegitimize, defund, and “lay siege to” …

Confronting Structural Inequality In State Labor Law, Andrew Elmore

Faculty Scholarship

Low-wage workers face a structural problem in seeking to improve their work standards: While companies have substantial labor market power to impose work terms and conditions, workers require affirmative state support to collectively press their workplace demands. But their employers can mobilize private capital and property rights, often with judicial deference, to fend off state intrusions into the workplace. While the National Labor Relations Act aims to resolve this structural problem by protecting the rights of workers to join unions, strike, and collectively bargain, employers, backed by judicial support for managerial prerogatives and property rights, can often leverage NLRA weaknesses …

Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson

Faculty Scholarship

In the ongoing discussions about continuing legal education (CLE), concerns have been raised about the quality of programming that is created and delivered. Critics have emphasized the weaknesses in mandatory programs, arguing that requiring annual training on topics such as legal ethics tends to fall short of stated goals.¹ Too often, it is said, such programs fail to deliver content in an engaging manner that is likely to improve competence.² The picture conjured up is of the bored lawyer, sitting in the back of a room flipping through a newspaper or some other distraction, as CLE instructors passively …

Beyond Spatial Materiality, Towards Inter- And Intra-Subjectivity: Conceptualizing Exclusion In Education As Internalized Ableism And Psycho-Emotional Disablement, Anthony J. Maher, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

Of the little written about educational exclusion, much of it considers exclusion as disabled students experiencing less access, opportunities and participation in education when compared to their nondisabled same-aged peers. Our article aims to move beyond these narrow, parochial, and reductive postulates by centering the inter- and intra-subjectivities of disabled students to conceptualize exclusion as experiences with internalized ableism and psycho-emotional disablement that may (or may not) be experienced in any or all material and social spaces in education. We cast light on ableism and psycho-emotional disablement in education so that we and others can challenge, disrupt, and transform it …

Comprendiendo La Discapacidad Y El Capacitismo: Implicaciones Para La Investigación Y La Práctica En Educación Física En América Del Sur, Fabian Arroyo-Rojas, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

Este artículo ofrece una discusión crítica sobre diversas interpretaciones dominantes de la discapacidad, predominantemente construidas y desarrolladas desde los puntos de vista del Norte Global. Además, se profundiza en la noción de capacitismo como un concepto definitorio que influye y es influenciado por la comprensión de la discapacidad. Dentro de este discurso, se discute sobre la aplicabilidad, críticas e implicaciones de estas perspectivas y conceptos en el Sur Global, con un enfoque particular en la educación física sudamericana. Se espera fomentar el pensamiento y el avance académico sobre la discapacidad en los contextos del Sur Global, contribuyendo al análisis crítico …

Assessing Technology Usage In Relation To The Quality Of Life In Autistic Children, Cristina Costescu, Ioana Tufar, Laura Chezan, Mălina Șogor, Alexandra Confederat

Human Movement Studies & Special Education Faculty Publications

Objective

The aim of this study was to investigate the frequency and duration of technology use by autistic children, their primary activities when engaging with technology, and the association between technology use and quality of life. We assumed that technology serves as a means of communication with peers, and it is associated with an improved quality of life.

Methods

The study sample consisted of 61 parents of autistic children aged 5-10 years old. The Quality of Life for Children with Autism Spectrum Disorder Scale was used to measure children's quality of life based on parent report, and the Technology Use …

Predicting Application Security Attack Paths Using Correlation Analysis, Attack Tree, And Multi-Layer Perceptron, Santanam Kasturi

All-Inclusive List of Electronic Theses and Dissertations

The work proposed in this research is specific to application security and ties vulnerability data, data storage, statistical analysis, attack surface, attack tree, and predictive analytics as a comprehensive system for identifying attack patterns and predicting an attack path. The vulnerability information gathered using different detection and monitoring capabilities provides basic data for exposing a software applications attack surface. In a multi-tiered application that is web enabled and accessible through the internet starting with the UI / web layer (URL and web application headers) and going down to the Application Programming Interface (API) layer (application to API, API-API), and going …

Relationship Between Spiritual Struggles And Health Outcomes In Adult Chronic Pain Patient Populations, Brianna Marie Todd

All-Inclusive List of Electronic Theses and Dissertations

Chronic pain affects about one-fifth of the worlds population. Although a biopsychosocial model is often applied, religious and spiritual factors are frequently neglected in the conceptualization of pain and its impact. Prior research has identified how religious and spiritual (R/S) struggles are associated with depression, pain catastrophizing, and pain disability in pain patients. However, few investigations have assessed how struggles affect the relationship between pain and well-being. The present study explored how R/S struggles affect the relationship between pain and well-being when tested as mediators and moderators, while accounting for the effects of age, gender, race, income, education, and religious …

An Immersive Study Of The Artistry Of Gilbert Biberian —Guitarist, Composer, And Pedagogue— And Creative Responses From A Musical Apprenticeship, Stephanie J. Darcey

Theses: Doctorates and Masters

This project examines the music of Istanbul-born British classical guitarist and composer Gilbert Biberian (1944-2023) and the potential of this music to stimulate original composition using an intuitive approach. Biberian is recognized as one of the most original and creative guitar composers from the second half of the twentieth century. His musical language embraces and integrates traditional tonality, jazz, post-tonal idioms, and the music of the Middle East. There are three strands to this project: an overview of Biberian’s life, philosophy, and music; a musical apprenticeship with Biberian on technique and musicianship; and also on my compositions. There will be …

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …

The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan

Research Collection Yong Pung How School Of Law

The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the …

Climate-Related Shareholder Activism As Corporate Democracy: A Call To Reform “Acting In Concert” Rules, Dan W. Puchniak, Umakanth Varottil

Research Collection Yong Pung How School Of Law

Climate change is an issue of global importance, which may turn out to be the issue of this century. Companies are at the core of both the problems and solutions for climate change. Given this reality, it is astounding that in virtually all jurisdictions in the world ‘acting in concert rules,’ which were designed decades ago to facilitate an efficient market for corporate control, effectively prevent shareholders who hold a majority of shares from democratically replacing boards of dirty companies. Our Article exposes this overlooked reality by undertaking the first in-depth comparative analysis of acting in concert rules with a …

Slow Choreographies: Addressing Everyday Sexisms In Australian Universities Through Embodied Creative Methods, Emma Fishwick

Theses: Doctorates and Masters

Everyday sexisms within Australian universities are like shape shifters that move between bodies, hide inside policies and behind closed doors. This interdisciplinary research project examines how a slow choreographic methodology enables embodied creative processes to give social phenomena a tangible dimension. Centrally situated within an Australian Research Council Discovery Project, Understanding and Addressing Everyday Sexisms in Australian Universities (Everyday Sexisms), this research project thickens, extends, and informs the development of the Everyday Sexisms’ methods and findings in two ways. First, by highlighting how bodies, movement, and objects are involved in the choreography of institutional everyday sexisms. Secondly, by utilising creative …

A Wreck Of Seabirds: Entrapment And Isolation Within The Australian Coastal Gothic Landscape, Karleah May Olson

Theses: Doctorates and Masters

This thesis explores the concepts of entrapment and isolation as they relate to the Australian Gothic literary mode and coastal landscapes. It does so through a creative work, a novel entitled A Wreck of Seabirds, and an accompanying exegesis, which examines these concepts alongside the shift of the Gothic to Australian landscapes and ultimately to coastal settings, and their representation in fiction. It examines ways in which elements and tropes of the Gothic are utilized in Australian Coastal fiction, particularly through depictions and metaphors of entrapment and isolation. A Wreck of Seabirds is an Australian Coastal Gothic novel set in …

Care-Full Climate Justice Organising: Movement-Based Participatory Action Research On Noongar Boodja, Kylie A. Wrigley

Theses: Doctorates and Masters

Aligned with emerging research agendas for critical (intersectional and decolonial) climate justice, this research aims to co-create place-based knowledges and actions about how communities and movements organise for climate justice. Organising for climate justice in Western Australia (WA) is particularly difficult because of the strong influence of the fossil fuel industry and the prevailing racial capitalist, colonial, and patriarchal responses to climate change in policy and mainstream climate movements. These systems of power often reproduce, for example, intersecting gender, race, and class inequalities, which marginalise communities most impacted by climate injustice. Moreover, many climate activists experience climate distress and burnout. …

A Scientometric Study On Research Trends And Characteristics Of Discoid Lupus Erythematosus, Wei Liu, Yun Wang, Yuhan Zhu, Chenping Zhang

Journal of Dental Sciences

Abstract Background/purpose Discoid lupus erythematosus (DLE) serves as an interdisciplinary disease involved in dermatology and stomatology in many cases. The purpose of this study was to analyze the scientometric characteristics and research trends of DLE. Materials and methods All the papers on DLE were comprehensively retrieved from the Scopus database. Discipline comparison (dermatology versus others) and chronological comparison (before 2005 versus 2005–2024) were performed, so that the number of papers can be to some extent compared in the analysis. Results Among all the 1239 papers on DLE, 738 (59.6 %) were published by dermatologists. Diagnosis aspect, skin manifestation, facial dermatoses, …