Digital Commons Network^™

An Exploration Of Refugee Policy Using Social Construction Theory & The Narrative Policy Framework, Daniel S. Amoruso

Boise State University Theses and Dissertations

Social Construction Theory and Narrative Policy Framework are cohesive products to assess policymaking by examining social construction variables and the formation of narratives. Although I use each independently and together, using them in conjunction helps to ascertain the difference between what someone does and says. Often, there is a substantive disconnect between the two. As with many policy arenas, interest in refugee policy has ebbed and flowed over the past ten years as the United States fluctuates from Democrat to Republican and back to Democrat administrations. Various administrations, media outlets, and separate communities often portray refugees differently; some favorably toward …

Procedural Justice And Therapeutic Jurisprudence In Idaho Drug Treatment Courts, Norma Dianne Jaeger

Boise State University Theses and Dissertations

This qualitative multi-case study of the operations of Idaho drug treatment courts explores the application of two theoretical frameworks: therapeutic jurisprudence and procedural justice. Semi-structured interviews, based on a phronetic iterative approach and analysis, were conducted with 20 enrolled participants and 10 judges from courts and communities of varying sizes, located in four geographic areas of Idaho. Responses suggest that these courts operate from a foundation of therapeutic jurisprudence and effectively apply procedural justice practices: respectful treatment, trust, and participant voice. The study identifies participants’ multiple life changes, including addiction recovery, as important elements of the courts’ outcomes and validates …

Modeling Snow Surface Properties From Lidar And Imaging Spectroscopy, Brenton A. Wilder

Boise State University Theses and Dissertations

Seasonal snow surface plays an important role in altering terrestrial hydrology and global climate patterns. Snow reflects a majority of incoming shortwave radiation thereby reducing the net shortwave radiation received into snowpack throughout the season. This property is commonly referred to as snow albedo and impacts water cycles and air temperatures by modulating the timing and magnitude of melt. This reflectivity of snow is difficult to measure accurately in mountain environments and at a large enough scale to be meaningful for water resource managers and climate scientists. The work presented herein aims to improve methodologies to measure snow reflectivity from …

"Waves Of Freedom": Kant And The Right To Rescue On The High Seas, Aravind Ganesh

Buffalo Law Review

This Article draws upon the legal philosophy of Immanuel Kant to argue that all seafarers—from stateless migrants to billionaires on mega-yachts—possess legal rights to rescue on the high seas. These rights are of the kind legal practitioners call “human rights,” and correspond to obligations enforceable against the flag state of any Coast Guard, naval, or other “public” vessel receiving the seafarers’ distress signals. A second, corollary claim is that we must abandon the “Grotian” model of the seas as commons and view them instead as “global public goods” that the international legal order always already maintains through institutions for the …

Legality Beyond The State, David Lefkowitz

Buffalo Law Review

Inquiry into law beyond the state, or indeed within it, necessarily presupposes a concept of law. Consider, for example, H.L.A.’s account of international law.1 Hart famously characterizes law in terms of a union of primary and secondary rules.2 Understood in functional terms, primary rules govern actions, while secondary rules govern rules. Hart also pays particular attention to a special class of secondary rules, namely those that create specific offices whose occupants are empowered to identify, alter, apply, and enforce a society’s rules. An advanced legal system, then, is a practice of holding accountable constituted by both a hierarchy of norms—primary …

The Rule Of Interlegality, Nicole Roughan

Buffalo Law Review

A “recognition model of legality” grounds legality upon the normative significance of recognition of the role of the official of law, and the requirements of a moral relation of recognition between law’s officials and subjects. On this model, plural overlapping claims to legality can undermine the rule of law by disrupting recognition of both the role of the official and the moral relation of legality between officials and subjects. This Essay examines the legality deficits that arise from conflicting recognitions of officiality and subjection in contexts of overlapping state and Indigenous legal orders. In such contexts of plural overlapping claims …

The Workings Of Legal Exceptionalism: Arbitration As A Portal To Stateless Law-In-Action Regimes, Thomas Schultz

Buffalo Law Review

This Essay seeks to explores the fertility of thinking about arbitration as a portal to stateless legal regimes. Using the distinction between law in books and law in action, as well as the concepts of social and political disembeddedness and quiet politics, it argues that under the current paradigm of arbitration, it operates as a porous portal, getting corporate and natural citizens to escape into stateless law-in-action legal regimes (though in practice not into a law-in-books stateless legal regime). This raises questions of control of and accountability for the political effects of such stateless law-inaction legal regimes on the rest …

The Postnational Aspirations Of European Law, Paul Linden-Retek

Buffalo Law Review

This Essay begins from a particular quarrel over the interpretation of the German Federal Constitutional Court’s PSPP judgment of May 2020 to open onto questions of how to conceive political freedom beyond the nation-state, about the structure of postnational constitutionalism and its purposes, and, finally, about the role of courts within that structure and in light of those aspirations. In arguments defending the Court, an influential strand of constitutional theory, in this Essay represented by the intervention of Ulrich Haltern, continues to channel assumptions that constrain thinking about Europe as a postnational legal order. Assuming that political freedom is essentially …

Is International Law Progressive, Cormac Macamhlaigh

Buffalo Law Review

The rise of authoritarian populism in recent years has raised the question of whether international law can be coopted for authoritarian purposes. Tom Ginsburg has recently argued for the rise of what he calls “authoritarian international law” which, he claims, is undermining the hitherto progressive ethos of international law since the foundation of the United Nations. This paper critically examines this category of authoritarian international law. Adopting a Dworkinian interpretive methodology to the question of the normativity of international law, it argues that a putative authoritarian international law is incompatible with the normativity of international law as currently understood. This …

When European State Courts Face Post-Colonial Legality: A Private International Law Approach Inspired By Decolonial Theory, Sandrine Brachotte

Buffalo Law Review

This Essay develops avenues for private international law (PIL) to deal with cases involving the interaction between Western state law and distinctive forms of law that citizens from post-colonial states, especially African states, bring with them to Europe. Laws of the second type, which I call “postcolonial legality,” incorporate both traditional forms of legality usually dubbed “religious” and “customary” law along with state law that originates from colonial law. Drawing on some lessons from decolonial theory, I try to apply to this particular context a “less colonial” PIL theory and subsequent PIL rules and reasoning. The argument builds on the …

The Priority Of International Law, Pavlos Eleftheriadis

Buffalo Law Review

What is international law? Any theory of international law must explain both its technical nature and its moral force and must also show how the two come together in practice in order to give it the priority that it claims. For example, the genocide cases before the International Court of Justice exhibit a puzzling dedication to procedure. The Court is invited to examine the war in Gaza strictly on the basis of the Genocide Convention, without assessing any allegations of war crimes or other alleged violations of international law. The reason is a well-known procedural rule—namely that states have to …

Equivalence Of Eval-Readback And Eval-Apply Big-Step Evaluators By Structuring The Lambda-Calculus's Strategy Space, Pablo Nogueira Iglesias, Álavaro García-Pérez

Artículos científicos

We study the equivalence between eval-readback and eval-apply big-step evaluators in the general setting of the pure lambda calculus. We study ‘one-step’ equivalence (same strategy) and also discuss ‘big-step’ equivalence (same final result). One-step equivalence extends for free to evaluators in other settings (calculi, programming languages, proof assistants, etc.) by restricting the terms (closed, convergent) while maintaining the strategy. We present a proof that one-step equivalence holds when the ‘readback’ stage satisfies straightforward well-formedness provisos, the ‘eval’ stage implements a ‘uniform’ strategy, and the eval-apply evaluator implements a ‘balanced hybrid’ strategy that has ‘eval’ as a subsidiary strategy. The proof …

The Show Must Go On: Leading Factors In The Burnout Of Stage Managers, Morgen E. Doyle

Honors College Theses

Stage managers are the key to making theatre move onstage and in the audience. To keep the show, we need to take care of our stage managers. Many have voiced concerns about burnout from their time in the stage management industry (McGraw 2024, 12). Burnout can be defined as “a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed” and characterized by three main dimensions: “energy depletion and exhaustion; feelings of cynicism and increased mental distance related to the individual’s job; and reduced professional efficiency in the individual’s workplace” (World Health Organization 2019). In this …

New Digital Dangers To Democracy: How Artificial Intelligence Could Supercharge Black Voter Suppression, Paul M. Barrett, Cecely Richard-Carvajal

Vanderbilt Social Justice Reporter

No abstract provided.

Sustained, Strategic Organizing Paves The Way For Jail Voting Work In Tennessee

Vanderbilt Social Justice Reporter

No abstract provided.

Ephemeral Legacy, Allison Hall

Master's Theses

Recently, my thoughts have centered on the problem of legacy. How do we forge bonds with other humans? What happens on an interpersonal level when these humans pass away, or when we pass, and they continue in life? How do queer spaces consistently offer deeper phenomena of interpersonal legacies; how does death operate as generational catalyst? I am particularly interested in putting these questions in the context of queer spaces. In queer culture, kinship is formed in ways that break from typical western notions of kinship. Despite being incoherent to western notions of family, queer bonds are extremely strong (Bradway …

Transmission Main Construction Management - An Assessment Of Project Tracking During Transition To A Cloud Based System, Martin C. Munger

LSU New Orleans Theses and Dissertations

A massive $2B settlement between the Federal Government and the City of New Orleans to remediate the damage to municipal infrastructure from Hurricane Katrina and the failed USACE levee system required the repair of roughly 400 of 1600 miles of roadways in New Orleans. The mandated repairs included many subsurface utilities below those roads. Traditional engineering construction project management practices proved inadequate to manage such a massive undertaking on the strict timelines mandated by FEMA funding. Unprecedented volumes of work for the engineering and construction industries and the government agencies tasked with performing the work from design through construction revealed …

Physics-Informed Deep Learning For Pilot Parameter Estimation And Pilot-Induced Oscillation Characterization, Stephen A. Brutch

Doctoral Dissertations and Master's Theses

This thesis investigates the issue of loss-of-control in flight which is a driving contributor to fatal aviation accidents. The two main contributors tackled in this research are human pilot error and categories of pilot-induced-oscillations. The primary objective is to develop models that can capture the mathematical parameters that relate to human pilot control under the widely used McRuer Mathematical pilot model. The goal is that if the mathematical parameters that relate to human pilot control can be monitored during flight then the pilot’s input to the control system and pilot-induced-oscillations (PIO) can be monitored during flight to avoid loss-of-control. This …

Alteration Of Peripheral Cytokines In Alzheimer’S Disease, Zhengshi Yang

UNLV Theses, Dissertations, Professional Papers, and Capstones

Alzheimer’s disease (AD) is a progressive neurodegenerative disease with the clinical symptoms of gradual cognitive decline and memory loss. Biologically, abnormal accumulation of Aβ (Aβ) plaque and tau tangles in the brain are the core pathological hallmarks in AD. Although inflammatory response is not specific to AD, emerging evidence suggests that the disrupted innate immune system within the central nervous system, particularly microglial activation, might act as the bridge linking Aβ aggregation to pathological phosphorylation and aggregation of tau. The inflammatory response was suggested to initially have a neuroprotective role of attempting to clear Aβ plaques, and then become neurotoxic …

Adapting Deep Learning Models For Downstream Web Tasks: Multimodal Models, Task Development, Agent Adaptation, Graham Annett

Boise State University Theses and Dissertations

This dissertation presents a framework for the development of deep learning models tailored for dynamic web tasks, leveraging generalized pre-trained multimodal transformers. A task generation framework, applied to multiple web datasets, is introduced, facilitating instruction fine-tuning of models for executing multi-step web workflows. This approach enhances the adaptability of pre-trained models to a spectrum of novel web tasks, which is vital for the reliable operation of web agents.

Moreover, this work proposes an encoding schema extending the Decision Transformer, which advances the adaptability of these models for downstream tasks through targeted modality tokenization, thereby broadening their practical applicability. These enhancements …

Nil Enforcement Preemption, Josh Lens

Utah Law Review

The National Collegiate Athletic Association (NCAA), which serves as the multibillion-dollar college athletics industry’s primary governing body, has faced several recent legal challenges to its operations. One particularly prominent challenge projects to result in litigation that will significantly impact college athletics’s future. This article explores the circumstances that led to this precarious position: (1) the NCAA’s recent changes to its longstanding rules prohibiting student-athlete compensation for use of their names, images, and likenesses; (2) several state legislatures’ attempts to provide universities in their states with a competitive advantage by legislating restrictions on the NCAA’s ability to enforce its rules; and …

The Constitutional Meaning Of Financial Terms, Tomer Stein, Shelby Ponton

Utah Law Review

The Constitution has sixty-three financial terms. These financial terms include, for instance, “compensation,” “expenditures,” “debt,” “coin,” “revenue,” “securities,” and “bankruptcies”—all of which determine the elementary building blocks of our governmental makeup. When the Supreme Court interprets the meaning of these financial terms, it does so in isolation and without a consistent framework. This Article proposes a unified framework for the interpretation of financial terms in the Constitution which comprises two fundamental canons of construction.

First, this Article proposes that all financial terms in the Constitution should be interpreted with fiscal and monetary neutrality—interpreting financial terms in a way that does …

Echoing Into The Void: Rucho’S State-Level Progeny, Avery E. Emery

Utah Law Review

When politicians are given free rein to draw districts, they choose their voters rather than allowing the voters to choose their representatives. They rely on “highprofile paid consultants, armies of lawyers, terabytes worth of voting data, advanced software, and even a supercomputer or two”386 to guarantee large margins for their party. This decennial process has reduced electoral competition, made the House of Representatives less responsive,388 and spread a sentiment of disenfranchisement throughout the electorate.

Now is the time for the judiciary—staffed by judges whose role in our constitutional system is to check the political branches—to take decisive action to protect …

Distribution Through Taxation Versus Legal Rules, And The Epistemic Limits Of Law-And-Economics, Erick J. Sam

Utah Law Review

This Article develops an epistemic critique of the view, widely held in law-and-economics, that legal rules should always be chosen for efficiency and that redistribution to produce a fair distribution should be conducted solely through the tax-and-transfer system. In place of this orthodox view, I develop an alternative distributive theory.

The canonical ‘double distortion’ argument for the orthodox position, formulated by Kaplow and Shavell (1994), claims that opting for efficient legal rules minimizes economic distortions and maximizes aggregate social wealth, some of which can then be redistributed via the tax-and-transfer system to those who would have been better off under …

Using Gamification As Scaffolding To Support Children As They Formulate Initial Keyword-Based Search Queries, Benjamin John Bettencourt

Boise State University Theses and Dissertations

Child searchers, ages six to twelve, are known to struggle when it comes to using mainstream search engines. One such struggle that has been identified is the query formulation process, including initial query formulation. Two avenues of assistance that have shown promise in assisting users in other endeavors are gamification and scaffolding. In an attempt to provide assistance tailored to child searchers in their initial query formulation processes, this research explores the use of a gamified scaffold built with the purpose of teaching more effective, keyword-based, query formulation practices. To study the efficacy of utilizing a gamified scaffold to support …

(R2113) A Numerical Method For Solving Linear First-Order Volterra Integro-Differential Equations With Integral Boundary Condition, Zelal Temel, Musa Cakir

Applications and Applied Mathematics: An International Journal (AAM)

We investigate an efficient numerical method for the linear first-order Volterra integro-differential equations with integral boundary condition. To solve this problem, boundaries are determined for its derivative and the solution. The numerical solutions of the problem are modeled over a uniform mesh using the composite right-side rectangle concept for the integral component and the implicit difference rules for the differential component. Next, the stability and convergence of the numerical approach are discussed. The numerical experiments are presented confirming the accuracy of the proposed scheme.

Protecting Your Digital Life: Congress Needs To Take Lessons From Hipaa’S Playbook To Amend The Proposed Federal Privacy Law, Taeyoon Kong Kim

University of the Pacific Law Review

No abstract provided.

Jurisdiction Over Justice: How Misinterpreting Procedures Under The Federal Tort Claims Act Harms Plaintiffs, Kara L. Anderson

University of the Pacific Law Review

No abstract provided.

M&A Integration Time And Its Impact On M&A Success In Biotechnology Through The Lens Of Upper Echelon Theory And Rbv Scholarship, Zane J. Wilson

Executive DBA Dissertations

The purpose of this paper is to explore and begin to understand specific time based variables that influence the integration process and phase of mergers and acquisitions. The research will center around the integration process that hopefully leads to the rapid development and launch of new products that are a result of the acquired companies’ expertise. The current trend in business strategies is to rely on M&A to bring in new technology, processes, products, and services, among others. In order to explore the integration period which, we define as the period between close of the deal and launch of the …

Alfred Russel Wallace Notes 33. The Story In Evolution., Charles H. Smith

Faculty/Staff Personal Papers

Alfred Russel Wallace (1823-1913) is best known for his independent formulation of the principle of natural selection. In this work I first review my understanding of Wallace’s intellectual development on this subject, including the notion that he had no model for the evolution of higher consciousness as of his first treatment of natural selection in 1858. This leads to some conclusions about his approach to the subject, and links to parallel ideas inherent in the philosophy of Baruch de Spinoza (1632-1677).