Digital Commons Network^™

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.

New Church, New Leaders? : How Do We Select The People Who Plant New Churches In The Future?, David Richards

ATS Dissertations

No abstract provided.

Introduction: Albert’S Philosophical Scientia. Origins, Geneses, Emergences, Katja Krause, Richard C. Taylor

Philosophy Faculty Research and Publications

No abstract provided.

Public Perspectives On Investigative Genetic Genealogy: Findings From A National Focus Group Study, Jacklyn Dahlquist, Jill O Robinson, Amira Daoud, Whitney Bash-Brooks, Amy L Mcguire, Christi J Guerrini, Stephanie M Fullerton

Center for Medical Ethics and Health Policy Staff Publications

Background: Investigative genetic genealogy (IGG) is a technique that involves uploading genotypes developed from perpetrator DNA left at a crime scene, or DNA from unidentified remains, to public genetic genealogy databases to identify genetic relatives and, through the creation of a family tree, the individual who was the source of the DNA. As policymakers demonstrate interest in regulating IGG, it is important to understand public perspectives on IGG to determine whether proposed policies are aligned with public attitudes.

Methods: We conducted eight focus groups with members of the public (N = 72), sampled from four geographically diverse US regions, …

Afreeist Legal Theory And The Problem Of Innocence, Stephen G. Marks

Faculty Scholarship

Afreeism refers to the lack of the assumption that human beings have free will. Rather, it assumes that humans are subject to the same laws of physics, chemistry, biology, etc., that govern all other phenomena. Afreeist Legal Theory in turn is a legal theory that forgoes the assumption of free will. By foregoing the notion of free will, we also forgo notions of desert, blame, and moral responsibility. Human beings are causally or stochastically deterministic beings. As such, they can never do other than what they do. And because they never possess the ability to do otherwise, they are at …

Venality: A Strangely Practical History Of Unremovable Offices And Limited Executive Power, Jed Handelsman Shugerman

Faculty Scholarship

The Roberts Court has asserted that Article II’s “executive power” implied an “indefeasible” or unconditional presidential removal power. In response to counterevidence from the Founding era, unitary executive theorists have claimed a “British Backdrop” of a general removal power under the English Crown and European “executive power.” These assumptions are incorrect.

This Article shows that many powerful executive officers through the late eighteenth century, especially high English Treasury offices and even “department heads” in the cabinet, were unremovable. A long common law tradition protected many English offices as freehold property rights. Moreover, this Article explains why it was widely understood …

Panel 2: Trademark Law, Stacey Dogan, Christine Haight Farley, Jessica Silbey, Rebecca Tushnet, Felix Wu

Faculty Scholarship

But that's because, you know, trademark law has interpreted the concept of confusion quite broadly to include, among other things, a notion of sponsorship confusion that might make you think it's a licensed product. All right. And then, in a somewhat circular way, it was decided that the existence of licensing markets is enough to show the way in which consumers are going to be confused about licensing. So that's the theory that Jack Daniel's brings. One of two theories. So that was one of two theories. The other one was a dilution, and in particular dilution by tarnishment, claiming …

A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey

Faculty Scholarship

The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and its legislative history despite it being a well-founded legal principle. It traces arguments in the foundational Supreme Court case (Feist Publications v. Rural Telephone Service) and in the Copyright Act’s legislative history to discern a basis for the fact-exclusion. That research trail produces a legal genealogy of the fact-exclusion based in early copyright common law anchored by canonical cases, Baker v. Selden, Burrow-Giles v. Sarony, and Wheaton v. Peters. Surprisingly, none of them …

Two Ai Truths And A Lie, Woodrow Hartzog

Faculty Scholarship

Industry will take everything it can in developing Artificial Intelligence (AI) systems. We will get used to it. This will be done for our benefit. Two of these things are true and one of them is a lie. It is critical that lawmakers identify them correctly. In this Essay, I argue that no matter how AI systems develop, if lawmakers do not address the dynamics of dangerous extraction, harmful normalization, and adversarial self-dealing, then AI systems will likely be used to do more harm than good.

Given these inevitabilities, lawmakers will need to change their usual approach to regulating technology. …

Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries And What The Law Can Do About It, Christopher Robertson, Annabel Kupke, Louise P. King

Faculty Scholarship

The nearly four million Americans who undergo gynecological surgeries each year suffer avoidable lifelong, painful, and disabling injuries. This Article diagnoses the root cause in our legal framework for healthcare finance and identifies legal solutions.

America’s public-private system for reimbursing healthcare pays for procedures rather than outcomes, and it pays substantially more for work on male rather than female anatomies. This disparity is due to the federal government’s reliance on a secretive industry committee to set those rates, and the committee’s reliance on junk science surveys, allowing self-interested and gender-biased responses, contrary to objective measures.

As payors disvalue the bodies …

Standing And Criminal Law, F. Andrew Hessick, Sarah Benecky

Faculty Publications

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense. This Article argues that the difference in standing requirements between …

Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky

Faculty Publications

When agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. On the one hand, legislative rules make …

History And The School Prayer Cases, Mark Storslee

Faculty Publications

In a series of two decisions known as the School Prayer Cases, the Supreme Court famously held that the Establishment Clause forbids state-sponsored prayer in public schools—even where the government provides opt-outs for dissenters. Yet subsequent legal developments have rendered those decisions unstable. And with the Court’s recent turn to “historical practices and understandings,” many question whether the School Prayer Cases can possibly survive.

It is too soon to tell where the Court’s renewed focus on Founding-era history might lead. But this Article contends, contrary to both some originalist Justices and their critics, that a focus on history does …

Predictive Analytics & The Tax Code, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

Congress last reformed the nation’s current tax penalty regime ap-proximately three decades ago, long before the rise of big data and the advent of predictive analytics. With predictive analytics now gaining preeminence and its accuracy constantly improving, it is time for Congress to weave this technological innovation into the fabric of the Internal Revenue Code and, more specifically, the civil tax penalty regime. Doing so would enhance taxpayer compliance, augment transparency, and simultaneously ease many administrative burdens commonplace under the tax law.

Multibillion-Dollar Tax Questions, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

Tax compliance in the United States historically hovers in the 80 percent range, costing the nation approximately half a trillion dollars annually in uncollected tax revenue. To foster greater tax compliance, the Internal Revenue Service (IRS) should employ whatever tools are at its disposal. Standard deterrence theory argues that increasing the audit rate and imposing stiffer penalties would foster greater tax compliance. There are political headwinds, however, that strongly suggest that these approaches are not currently viable. Instead, there is a low-cost method that could yield greater tax compliance. Drawing on recent and compelling social science research, the IRS should …

American Association Of Law Libraries Academic Special Interest Section White Paper On Continuing Status And Tenure Of Law Librarians, Aall Special Interest Section On Academic Law Libraries Subcommittee On Continuing Status And Tenure, Stephanie Davidson, Cindy Hirsch, Caroline Osborne, Brian Quigley, Jessica Whytock

Faculty Publications

In 2023 the ALL-SIS Continuing Status/Tenure Committee was charged with developing a white paper to provide information on the status, rights, and responsibilities of academic law librarian positions. The information provided in this paper is intended to allow law librarians to make informed career choices, increase knowledge of the rights and obligations of librarian positions, and ensure the development of necessary skills and education for future new positions. Clarity on how positions are structured, their required skills, and credentials is essential at all levels of experience for planning and development for future career growth.

This White Paper does not advocate …

Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid

Faculty Publications

No abstract provided.

Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland

Faculty Publications

Metadata, often referred to as “data about data,” plays a crucial role in the digital world. It encompasses embedded information within electronic documents that reveals details about their creation, modification, and transmission. In legal proceedings, metadata can be both helpful and controversial, as it can expose sensitive information and potentially support or refute claims of fabricated evidence. With the widespread use of smartphones and other electronic devices, individuals generate vast amounts of personal data, including metadata, that can provide detailed insights into their lives.

This Article explores the significance of metadata in various contexts, such as digital photographs, and highlights …

Erie And Forum Selection Clauses, John F. Coyle, F. Andrew Hessick

Faculty Publications

This article argues that federal courts should apply state law to determine the enforceability of outbound forum selection clauses in diversity cases. Using a hand-collected dataset comparing hundreds of state and federal decisions, the authors show that federal courts enforce such clauses at significantly higher rates, creating incentives for forum shopping and uneven contract rights. They contend that enforceability is a substantive contract issue under Erie and that federal courts lack authority to create federal common law in this area outside §1404(a). The article concludes that applying state law uniformly would prevent inequitable administration and restore coherence to forum selection …

The Best Laid Plans: Case Studies Of The Loss Of Four Early (1996-2003) Digital Humanities Websites, Drew E. Vandecreek

Faculty Articles, Papers, and Other Scholarship

This study examines factors contributing to the loss of four grant funded, free use digital humanities websites funded by the National Endowment for the Humanities' Education Development and Demonstration Program, 1996-2003: Decision Point! at Auburn University, Hawthorne in Salem at North Shore Community College (Danvers, MA), the New Deal Network at the Franklin and Eleanor Roosevelt Institute (Hyde Park, NY), and River Web at the University of Illinois at Urbana-Champaign. The evidence shows that website loss did not occur suddenly. In all four cases, organizations that accepted program funds to create online materials ultimately failed to develop or continue procedures …

Always Politically Correct: Supporting Seriously Ill Older Populations And Their Families, M. Courtney Hughes, Erin Vernon

Faculty Articles, Papers, and Other Scholarship

We have been researching outcomes related to seriously ill individuals for over a decade, critically examining countless research articles from around the world, and extensively interviewing various stakeholders in this space, including hospital leaders, hospice leaders, lobbyists, nurses, social workers, and informal caregivers. We have also experienced firsthand the heartwrenching difficulty of caring for seriously ill loved ones. While we have learned a tremendous amount along the way, two specific observations consistently stand out. First, regardless of culture, income level, or politics, most people can personally identify with caring for seriously ill individuals. Second, the research evidence indicates that not …

Functions Of Translanguaging Practices And Teachers’ And Students’ Perceptions Of Translanguaging In Esl Universities, Dongyang Yuan

Theses and Dissertations--Curriculum and Instruction

Integrating research on both linguistic and semiotic resources of translanguaging practices, this research was carried out using a case study design to understand how translanguaging was used by both ESL teachers and adult language learners in the ESL setting, what functions translanguaging performs, and how teachers and students understand their translanguaging practice. Nine adult ESL learners at the intermediate level and an ESL teacher participated in this research. Data sources included observations, interviews, field notes, and reflective journals. Discourse analysis was used to analyze the transcription of observations and interviews. Results showed that participants used various forms of translanguaging, including …

Enrollment Management Leadership Response To System Changes: Case Study, Christopher R. Jensen

Theses and Dissertations--Educational Leadership Studies

While the impact of government funding for institutions of higher education has been researched extensively, little research looks at the impact of students as a funding source. This is important because students are one of the greatest contributors to higher education budgets. Within the Commonwealth of Kentucky, there has been a decline in high school graduates as well as state funding since the Great Recession in 2008.

This study uses systems theory as a theoretical framework to help understand the dynamic relationship between the external environment and institutions of higher education, as well as frame how leadership at regional institutions …

Onboarding New Administrators At Noblesville Schools, Janae Mobley

Theses and Dissertations--Educational Leadership Studies

While many organizations invest in their leaders when onboarding them for their new role; oftentimes this process can be overlooked in the K-12 school setting when it comes to school administrators. As a result, this study focuses on analyzing the needs of new school administrators and how to better support them in their role when transitioning to a new district or from the classroom. This study utilizes Mixed-Methods Action Research methodology to assess and address the needs of new school administrators at Noblesville Schools, a K-12 public school district in Hamilton County, Indiana.

Leadership Strategies And Multi-Frame Thinking Of Rural School Superintendents’ During Periods Of Crisis, Steven J. Moses

Theses and Dissertations--Educational Leadership Studies

This dissertation examined the leadership strategies used by rural, public-school superintendents in the Central Appalachian region of Eastern Kentucky during and following the flood of 2022 that was considered a natural disaster. The context of this study was framed by a 1 in 1000-year flooding event that devastated school districts and communities in Eastern Kentucky. The geographic boundaries of this study were limited to school districts that were part of counties identified as “Appalachian” by the Appalachian Regional Commission (ARC). In addition, school districts in this study were also identified as rural by the National Center for Education Statistics (NCES) …

The Influence Of Independent Secondary School Heads On Shaping Organizational Culture, Ian D. Macphail

Theses and Dissertations--Educational Leadership Studies

This dissertation examined the experiences and connections between head of school leadership and culture in small, independent boarding schools in New England. This study was the result of the participation of eight heads of school from eight separate institutions, engaging in semi-structured interviews. All of the schools were secular in their practice, all-gender, and had a formal dormitory-based boarding program. Each school enrolled 400 or fewer students, focusing the impact of these leaders on a tighter, interactional lens. This study explored a relatively under-researched area of K-12 education and used exploratory, qualitative methods to gather the stories of these formal …

Shaping College Habitus: An Exploration Of The Effect Of The Social/Spatial Construction Of First-Year Classes On The Habitus Of Low-Income, Working-Class Rural Students, Joshua R. Mcconnell Parsons

Theses and Dissertations--Educational Policy Studies and Evaluation

Low-income, working-class (LI/WC) students entering spaces of higher education often face completely new social and cultural fields that do not match their prior experiences, requiring them to construct new conceptualizations of their habitus within those spaces—the way they internalize and interact with the world. However, a dearth of research exists on how these students’ conceptualizations of the social and physical spaces that make up their actual classroom and academic experiences play a role in how they come to form their new identities or habitus. This in-depth qualitative analysis of students’ habitus formation leverages Doreen Massey’s theoretical framework of critical spatiality …