Digital Commons Network^™

A Reasonable And Well-Reasoned Teaching Tool In Unreasonable Times, Jasmine Gonzales Rose

Faculty Scholarship

Devon Carbado’s most recent book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, is a must-read for anyone studying or concerned with criminal procedure or policing. Unlike some of Professor Carbado’s other work, the brilliance of this book is not necessarily new conceptualizations or theorizations—for which he is well known—but rather centers on accessible pedagogy. If you have studied race and policing, you are not likely to find a new case, study, or reference to scholarship in the book. But, you are going to understand anti-Black racism, policing, the Fourth Amendment, and their intersections better than you did …

Constitutionalizing Racism, Jonathan Feingold

Faculty Scholarship

Unreasonable is Devon Carbado at his best. Through accessible prose, carefully crafted hypotheticals, effective visualizations, and some cross-examination (for the reader), Carbado reintroduces us to the Fourth Amendment. In arresting detail, Unreasonable" exposes how the Supreme Court has turned the Fourth Amendment against “the people”—and specifically, against people racialized as Black. Part of the “Bill of Rights,” the Fourth Amendment was adopted to protect “the right of the people” from police overreach. Yet over the past half-century, the Supreme Court has systematically repositioned the Fourth Amendment as a weapon of police power. Or as Carbado argues: whereas many assume …

Dci Submission To The Brazil Ministry Of Economy On The Economic And Competitive Aspects Of Digital Platforms, Pinar Akman, Stephen Dnes, Keith N. Hylton, Bowman Heiden, Constance Hiatt, Nicolas Petit, Jennifer Pullen, Annika Stohr

Faculty Scholarship

In its comments on the ‘Economic and Competitive Aspects of Digital Platforms’ for the Brazil Ministry of Economy, the Dynamic Competition Initiative (DCI) suggests that law and policy initiatives towards digital platforms should (1) focus on curbing monopoly rents in bottleneck markets, and not undermine diversification efforts towards technological frontiers; (2) leverage the capability and flexibility of existing competition rules to address digital platforms anticompetitive conduct; and (3) properly credit the consumer welfare gains stemming from digital platforms ecosystems given the domestic economic context.

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat Albrecht, Perry Moriearty

Faculty Scholarship

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

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 …

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 …

Stress Physiology Of Bats: Methodological And Biological Studies Using Hair Cortisol, Marcus Jorgensen

All-Inclusive List of Electronic Theses and Dissertations

Stress physiology in bats can be studied through various non-invasive methods, with hair cortisol levels being a particularly valuable measure. Hair cortisol analysis provides insights into the long-term stress levels and physiological states of bats, as it captures cortisol accumulation over time. This method helps researchers understand how different stressors and environmental factors impact bat populations. In mydissertation, I focused on assessing the validity and reliability of hair cortisol measurements in bats and explored the implications of these measurements for understanding bat stress physiology. In the first chapter, I evaluated the use of commercial enzyme immunoassay kits to measure cortisol …

Understanding The Overall Health Of Midwestern Bats, Nicole Castaneda

All-Inclusive List of Electronic Theses and Dissertations

The overall health of an individual or population can be measured in various ways. This research investigates bat health and reports baseline values of 1) hematological measures, 2) ectoparasite and endoparasite indices, and 3) prevalence of a zoonotic bacterium Bartonella , in four bat species, including big brown bat ( Eptesicus fuscus ), eastern red bat ( Lasiurus borealis ), Indiana bat ( Myotis sodalis ), and the evening bat ( Nycticeius humeralis ) that I captured at six state-protected sites in northeastern Missouri, USA over three summers. Such baseline values are needed, for example, when comparing diseased and stressed …

Density And Abundance Estimation Of West Indian Manatee, Trichechus Manatus, Between The States Of Ceará And Piauí, Northeast Brazil, Using Active Acoustics, Katherine Fiedler Choi Lima, Denis Moledo De Sousa Abessa, Daniel Gonzalez-Socoloske, Renata Sousa-Lima, Ana Carolina Oliveira De Meirelles, Cristine Pereira Negrão Silva

Faculty Publications

The West Indian manatee is one of the most threatened species in Brazil. The species has currently a patchy distribution from the state of Alagoas to the state of Amapá. The difficulty of observing manatees, especially in estuarine waters, is a challenge for conservation. Therefore, it is necessary to use new methodologies and technologies to solve manatee detection problems in their natural habitats. The goal of this study was to use an active acoustic method of detection to estimate manatee density and abundance in the estuarine complex of the Timonha and Ubatuba rivers, between the states of Ceará and Piauí, …

Gender Difference On Internal Equity: Evidence From The Hospitality Industry In Ghana, Patricia Peprah

Faculty Publications

It is a hypothetical position that employees in the hospitality industry in Ghana experience salary disparities based on the gender of the employee. Pay disparities exist because of unconscious biases in areas such as hiring, promotions, performance reviews, and salary decisions. In ensuring equal pay for equal work to fulfill the International Labor Organization (ILO) convention, this study investigated the internal equity pay of the employees in Ghana's hospitality industry based on equal work. This quantitative association study adopted a self-constructed research instrument to measure internal equity pay and randomly selected 350 respondents in the hospitality industry in Ghana to …

Managing Differences In The Family, Alina M. Baltazar

Faculty Publications

No abstract provided.

Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside

Research Collection Yong Pung How School Of Law

In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.

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 …

Not Why, But How: Applying The Sharp Edge Of The Law In Administrative Law Judicial Review In Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The management and control of power, and, in particular, the endeavour to strike the appropriate balance between affording governments the ability to act swiftly and decisively in the public interest while providing for adequate safeguards against governmental excess, is an intensely difficult undertaking. There is no one model that is correct for all times and all places.

Understanding Mental Wellbeing Of Family Day Care Educators In Australia: A Mixed Methods Study, Theresa Rayfield

Theses: Doctorates and Masters

Family Day Care (FDC) is an essential service within the Australian early childhood education and care sector. FDC educators support Australian families who require convenience, flexibility, and versatility in the education and care of their children. FDC educators’ mental wellbeing (MWB) is vital to ensure optimal education and care is provided, however this is often overlooked by educators. This research aimed to gauge Australian FDC educators’ MWB, identify factors positively or negatively affecting MWB and strategies employed to maintain and support MWB.

Primarily, a cross-sectional quantitative questionnaire measuring MWB and ten predictor variables determining relationship with food, food insecurity, alcohol …

Western Australian Mothers' Experiences Of Breastfeeding Support In Hospital After Birth: A Mixed Methods Study, Justine Van Der Watt

Theses: Doctorates and Masters

Background: The benefits of breastfeeding are well established for infants, mothers and the community, with the World Health Organisation recommending that infants be exclusively breastfed up to six months of age with an achievable goal of 70% globally. Yet in Australia only 15-37% may be reaching that goal. There have also been reported benefits and desires for mothers to be supported with their breastfeeding in order to increase and prolong breastfeeding duration and exclusivity, especially early after birth. However, there is limited research or literature exploring what experiences mothers are having with breastfeeding support, especially during their hospital admissions 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. …

The Experiences Of Older Immigrants Living With Dementia In Australia: A Multi-Method Secondary Analysis, Pelden Chejor

Theses: Doctorates and Masters

The ageing immigrant population and rising dementia cases underscores the need for culturally appropriate dementia care services. However, accessing dementia care services can be challenging for immigrants due to cultural and linguistical differences including their health beliefs. Understanding the experiences and concerns of older immigrants living with dementia is imperative for the planning and delivery of culturally and linguistically appropriate care. The aim of this thesis was to explore and describe the experiences of older immigrants living with dementia, as well as to describe and compare (against non-immigrants living with dementia) the characteristics (neuropsychiatric symptoms and pain characteristics) of older …

Crop Yield Using Novel Parametric L-System Plant Modelling, Christopher Cameron Napier

Theses: Doctorates and Masters

This research considers a system for the recognition of real plant parts through image analysis based upon synthetic plant modelling. It aims to use data pipelines and synthetic datasets to define recognizable features that assist in the efficient analysis of real plants and plant images. This research asks about the efficacy of L-systems in accurately simulating wheat crop characteristics. It specifically focusses on readable, understandable, accurate, and complex L-system algorithms. The research examines wheat crops in terms of phenotypes and examines the accuracy of a dataset in support of real image annotation. The methodology used was experimental in nature and …

What's In A Name? Standardization Of Vernacular Names For Trichechus Manatus, A. A. Mignucci-Giannoni, Daniel Gonzalez-Socoloske, Anmari Alvarez-Alemán, Jamie Aquino, D. Caicedo-Herrera, Delma Nataly Castelblanco-Martínez, Diane Claridge, M. Fabiola Corona-Figueroa, Adolphe O. Debrot, Benoit De Thoisy, Carlos Espinoza-Marin, J. Galves, Eddy Garcia-Alfonso, Hector M. Guzman, Jalaludin Ahmad Khan, Jeremy J. Kiszka, Fabia De Oliveira Luna, Miriam Marmontel, Leon David Olivera-Gomez, Christine O'Sullivan, James A. Powell, Enrique Pugibet-Bobea, Indranee Roopsind, Carlos J. Silva

Faculty Publications

Trichechus manatus is one of 3 recognized extant species of manatees of the mammalian Order Sirenia. Currently, it is known by various vernacular names, none of which are descriptive of its biology and known distribution. This lack of standardization has led to confusion and miscommunication, hindering conservation efforts for this species. We propose standardizing the vernacular names used to refer to the species and its 2 subspecies based on appropriate geographical characterization in English, Spanish, French, Dutch, and Portuguese, respectively: “American Manatee”, “Manatí de las Américas”, “Lamantin d’Amérique”, “Amerikaanse Lamantijn”, and “Peixe-boi das Américas” for T. manatus; “Florida Manatee”, “Manatí …

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn

Scholarly Works

Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.

(In)Coherence In Employment Contract Law: Response To Professors Arnow-Richman And J.H. Verkerke, Meredith R. Miller

Scholarly Works

No abstract provided.

Interpreting Ethics Rules, Samuel J. Levine

Scholarly Works

This Article explores the interpretation of ethics rules through the prism of two rules that have been the subject of ongoing controversy and contention: Rule 4.2, the “no-contact” rule, which prohibits a lawyer from communicating with a represented client absent the consent of that client’s lawyer, and Rule 8.4(g), which prohibits various forms of discrimination and harassment. Each of these rules provides a model for a wider examination of different interpretive approaches to ethics rules, grounded in different attitudes toward the features and functions of ethics codes. Specifically, the debate revolving around Rule 4.2 illustrates competing approaches to interpreting a …

Interpreting Religious Doctrine: The Third Rail That Wags The Dog In Religion Clause Jurisprudence, Samuel J. Levine

Scholarly Works

This Article is part of a broader project exploring and assessing the United States Supreme Court’s hands-off approach to interpreting religious doctrine. The mixed metaphor that constitutes the title of this Article incorporates various aspects of the project’s interrelated themes and claims. First, as a descriptive matter, the Supreme Court has repeatedly and increasingly refused to adjudicate issues that require the interpretation, evaluation, and resolution of substantive areas of religious practice and belief. Thus, like the third rail of train tracks, interpreting religious doctrine is deemed off-limits and better left untouched. Indeed, the Court’s justifications for the hands-off approach rely …

Negotiation Map For Teaching And Practice, Harold I. Abramson

Scholarly Works

Negotiations can move at lightning speed in unpredictable directions, leaving you seconds to instinctively act. Your instinct can be informed by first-hand experiences, formal education, and mistakes. You can boost your instinct by using the negotiation map in this article for tracking where you are and guiding where you and others should go to reach a resolution. This three-part map solves a puzzle that has confounded me for a couple decades. It offers a succinct and practical schematic that has the capacity to incorporate much of the exponential growth in literature and learning since Getting to Yes was published in …

Artificial Intelligence And Mediation Ethics, Zachary R. Calo

Scholarly Works

No abstract provided.

The Catholic Modernity Of Pope Benedict Xvi: Healthy Secularity And Christian Jurisprudence, Zachary R. Calo

Scholarly Works

This article examines the concept of healthy secularity in the thought of Pope Benedict XVI. In developing the idea of healthy secularity, Benedict builds upon longstanding themes in Catholic social thought while also provoking a deeper engagement with western modernity. Rather than placing Christianity and the secular in an oppositional framework, Benedict positions Christianity as the foundation of an authentic secular order. In so doing, he opens up new modes of critical engagement with western legal and political thought. Yet, while the concept offers a creative theological method for addressing contemporary issues, it depends for its realisation on vanishing cultural …

“A Hot Day In Iqaluit”? Environmental Rights In Canada’S Constitutional Cul-De-Sac, Stepan Wood

All Faculty Publications

Proposals to include an explicit right to a healthy environment in Canada’s constitution have been advanced since the early 1970s, but Canada is stuck in a decades-long impasse that precludes substantial constitutional amendment. This article uses the metaphor of the cul-de-sac to explore the prospects for legal recognition of environmental rights in this situation. It canvasses past efforts to entrench general and Indigenous environmental rights in Canada’s constitution, introduces culs-de-sac metaphorical and real, and highlights the irony of one commentator’s 2005 quip that it will be “a hot day in Iqaluit” when Canada’s constitution undergoes significant amendment. It then surveys …

Church Planting In The East Of Germany : The Importance Of Missions, Discipleship, And Community Formation, Maria Boschker

ATS Dissertations

No abstract provided.

Allen Chapel Ame Church : Becoming A Healthy Intergenerational Twenty-First Century Church, Lorenzo Laws

ATS Dissertations

No abstract provided.