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2024

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Developing A Bilingual Health Education Program To Identify And Address Healthcare Misinformation In A Border Community, Sara Mansour, Nathan Holland, Sergio Saucedo, Amadeus Ramirez, Mariela Lane, Joshua Salisbury, Komal Marwaha, Lorena Fernandez, Jesse Allen, Ricardo Belmares Dec 2024

Developing A Bilingual Health Education Program To Identify And Address Healthcare Misinformation In A Border Community, Sara Mansour, Nathan Holland, Sergio Saucedo, Amadeus Ramirez, Mariela Lane, Joshua Salisbury, Komal Marwaha, Lorena Fernandez, Jesse Allen, Ricardo Belmares

School of Medicine Publications

El Paso Health Education and Awareness Team (EP-HEAT®) is a bilingual program focused on increasing health awareness and dispelling health-related misinformation in the U.S.-Mexico border region. EP-HEAT® consists of students, faculty, staff, and Promotoras. The primary objective of EP-HEAT® is to empower the community with healthcare resources in a culturally acceptable way. EP-HEAT® established the bilingual “In the Hot Seat with EP-HEAT®: Dispelling Myths in Healthcare” series commonly referred to as Myth Busters events. Community members were surveyed following the events. Our results showed the majority of EP-HEAT® event attendees identified as Hispanic and were older than 46 years …


“How Can I Teach When I Was Not Taught How?”: Teacher Education For Mother Tongue Instruction For Stem In Southwest Nigeria, Motunrayo Adeosun Dec 2024

“How Can I Teach When I Was Not Taught How?”: Teacher Education For Mother Tongue Instruction For Stem In Southwest Nigeria, Motunrayo Adeosun

Theses and Dissertations

In this qualitative study, the experiences, training, and challenges of teachers in primary schools in a community in southwest Nigeria were explored. The purpose of this study was to identify the experiences of teachers about their training for mother tongue instruction and how they teach pupils with the mother tongue or local language of the community, the challenges faced by teachers in teaching with the mother tongue, and the strategies used by teachers to overcome the challenges. This study found that teachers received no training and there is no curriculum for the training of teachers to teach in the mother …


Investigating The Relationship Between Teachers’ State Evaluation Rating And Their Classroom-Based Assessment Practices And Systems, Christopher Jones Dec 2024

Investigating The Relationship Between Teachers’ State Evaluation Rating And Their Classroom-Based Assessment Practices And Systems, Christopher Jones

Theses and Dissertations

This quantitative research study investigates the relationship between teachers’ evaluation rating and their classroom-based assessment practices using a survey approach. Four middle schools consisting of 39 (grades six through eight) teachers in the Southwestern U.S. participated in the study. Research has shown that when teachers regularly use a system of evidence-based classroom assessment practices, student achievement increases. The problem addressed within this investigation is that students nationwide are performing at lower proficiency rates in math and English Language Arts than previously seen. Results from this study indicate that even teachers rated “highly effective” on evaluations are not employing evidence-based assessment …


Targeting World Language Learning In The Target Language: A Qualitative Inquiry Of The K–12 Foreign Language Teacher Experience, Igor Ljevaja Dec 2024

Targeting World Language Learning In The Target Language: A Qualitative Inquiry Of The K–12 Foreign Language Teacher Experience, Igor Ljevaja

Theses and Dissertations

This qualitative study explores the current practices of K–12 foreign language teachers (FLTs) in using the target language (TL) within an urban school district in the Midwest United States. Focusing on how FLTs engage in professional development (PD) to optimize their TL use in the classroom, the study investigates the strategies and knowledge FLTs employ to foster TL proficiency among students. Purposeful sampling was employed to recruit participants (n = 5) who represented full-time FLTs, taught between sixth and 12th grade, and had at least four years of teaching experience and valid state licenses. Semi-structured interviews with current FLTs provide …


Applied Indigenous Knowledge Translation: Naatookyookaasii, Lynn Marie Mad Plume Dec 2024

Applied Indigenous Knowledge Translation: Naatookyookaasii, Lynn Marie Mad Plume

Theses and Dissertations

This dissertation portfolio comprises three projects aimed at advancing Indigenous health and integrating cultural perspectives into research and practice. Guided by principles of community engagement and ethical research practices, these projects align closely with my career goals in Indigenous health policy and research. The first project, "Measuring Wellness Through Indigenous Partnerships," is a scoping review that examines global Indigenous wellness measures and assesses community involvement in defining measures of wellness. This review informs future practice directions and supports my advocacy for culturally responsive methodology. The second project, "Reciprocal Facilitation: Protocols and Practices for Listening Sessions with Tribal Communities," introduces a …


Personality Across Realities: Correlations Between Personality Profiles And Preferences Within Roleplaying Games, Brittany Lee Mancha Dec 2024

Personality Across Realities: Correlations Between Personality Profiles And Preferences Within Roleplaying Games, Brittany Lee Mancha

Theses and Dissertations

Clinically maladaptive behaviors and personality types have been studied within gamers, both those who play video games and those who roleplay in tabletop games. However, the connection between personality types and the preferences of the players themselves in what and how they roleplay is just barely being studied. Personality traits, such as extraversion/introversion and motivation by pain or pleasure, may be both influencing the gameplay decisions and preferences of players, and vice versa. A total of 500 respondents completed the Millon Index of Personality Styles, Revised (MIPS-R), followed by a demographics survey and finally a survey assessing Dungeons and Dragons', …


Developing Inclusive Practices Through Peer Coaching In College Science Teaching, Briana Miller Dec 2024

Developing Inclusive Practices Through Peer Coaching In College Science Teaching, Briana Miller

Theses and Dissertations

Historically underrepresented students pursuing STEM majors encounter systemic barriers. Students are more likely to experience success when faculty implement inclusive practices. Faculty often lack the pedagogical training necessary to adopt inclusive practices, further perpetuating inequities. To eliminate barriers and offer equitable opportunities for success in STEM majors, this case study explores the implementation of peer coaching and Culturally Relevant Science Teaching (CRST) in college level science teaching, focusing on the experiences of three participating faculty. Through a year-long professional development (PD) cycle, three science faculty members from a small liberal arts college engaged in reflective practices aimed at improving their …


Using Problematic Sexual Behaviors And The Developmental Life Course Model To Predict Criminal Justice Involvement And Psychopathology By Early Adulthood, Amanda Schwartz Dec 2024

Using Problematic Sexual Behaviors And The Developmental Life Course Model To Predict Criminal Justice Involvement And Psychopathology By Early Adulthood, Amanda Schwartz

Theses and Dissertations

The developmental life course (DLC) model explains risk factors and developmental patterns among juveniles who have committed more than one sexual offense by considering the impact of major life events, experiences, and risk and protective factors throughout various developmental stages. Using an archival longitudinal dataset, the Longitudinal Studies of Child Abuse and Neglect (LONGSCAN), this study applied the DLC model to explore the relationship between gender and onset and persistence of problematic sexual behaviors (PSBs) in childhood and adolescence with criminal justice involvement and psychopathology by early adulthood (N = 330, 46% male, M = 18.26 years) after controlling for …


The Fcc 5-Year Deorbit Rule’S Impact On The Space Industry Including Non-Traditional Scientific And Environmental Stakeholders, Kristin Shahady Dec 2024

The Fcc 5-Year Deorbit Rule’S Impact On The Space Industry Including Non-Traditional Scientific And Environmental Stakeholders, Kristin Shahady

Theses and Dissertations

In pursuit of a safer and more sustainable space environment, the Federal Communications Commission (FCC) introduced the 5-year deorbit rule, a regulatory mandate aimed at mitigating space debris by requiring satellite operators to remove their spacecraft from LEO within 5 years after their mission is complete. While the intent behind this rule is admirable in the desire to remediate and limit the generation of orbital debris, it raises questions whether it was crafted with consideration of all stakeholders, whether it will truly mitigate the creation of orbital debris, and whether it exhibits characteristics of arbitrariness and capriciousness. Agencies’ actions be …


Elementary Teacher Instructional Self-Efficacy In Leader In Me Lighthouse Schools, Lara Storm Dec 2024

Elementary Teacher Instructional Self-Efficacy In Leader In Me Lighthouse Schools, Lara Storm

Theses and Dissertations

This study is a secondary data comparative analysis using the Leader in Me Measurable Results Assessment (MRA) to examine whether teachers at Leader in Me Lighthouse certified schools have a greater degree of instructional self-efficacy than teachers at non-Lighthouse certified Leader in Me schools. Literature shows that students in classes with teachers that have a higher degree of instructional self-efficacy experience higher student achievement and a more supportive classroom climate. In addition, those teachers with higher efficacy experience lower levels of stress and burnout and are more engaged in professional development. The guiding notion of this investigation is that implementing …


Increasing Pride Skills For Child Engagement Using Ipcit With Children With Autism Spectrum Disorder, Jordan Etherington Dec 2024

Increasing Pride Skills For Child Engagement Using Ipcit With Children With Autism Spectrum Disorder, Jordan Etherington

Master's Theses

Many children with autism spectrum disorder display elevated levels of problem behaviors, such as aggression and defiance, in addition to symptoms characteristic of autism, such as deficits in social communication and interaction. Parent Child Interaction Therapy (PCIT) is a behavioral parent training program designed to improve problem behavior in young children by teaching parents to use skills that reinforce appropriate behaviors. In addition, the interactive nature of PCIT may help children with autism increase the rates at which they engage and interact with their caregivers. There are many barriers to treatment completion in PCIT, including high attrition rates due to …


Reflecting On Diagnosis: The Metacognitive Diagnostic Reasoning Model©, Sarah L. Beebe, Angela M. Mcnelis, Majeda El-Banna, Kristina Thomas Dreifuerst Dec 2024

Reflecting On Diagnosis: The Metacognitive Diagnostic Reasoning Model©, Sarah L. Beebe, Angela M. Mcnelis, Majeda El-Banna, Kristina Thomas Dreifuerst

College of Nursing Faculty Research and Publications

Background:

Diagnostic reasoning is a complex cognitive process that requires intuitive, heuristic processing from knowledge and experience, as well as deliberate and reflective thinking. Evidence on interventions to improve diagnostic reasoning is inconsistent, in part because different terms and models are used to guide research.

Purpose:

To present a model of the factors of diagnostic reasoning in Advanced Practice Registered Nurses (APRNs), based on a review of the literature supporting the Metacognitive Diagnostic Reasoning (MDR) Model©.

Methodology:

A review of the literature through systematic database search, historical articles, texts, and documents was conducted from inception through August 2023 …


Intensive Postpartum Antihypertensive Treatment (Ipat) And Healthy Lifestyle Education: Study Protocol For A Pilot Randomized Controlled Trial For Patients With Hypertensive Disorders Of Pregnancy, Anna Palatnik, Nadine Sunji, Zaira Peterson, Jennifer M. Ohlendorf, Amy Y. Pan, Jacquelyn Kulinski Dec 2024

Intensive Postpartum Antihypertensive Treatment (Ipat) And Healthy Lifestyle Education: Study Protocol For A Pilot Randomized Controlled Trial For Patients With Hypertensive Disorders Of Pregnancy, Anna Palatnik, Nadine Sunji, Zaira Peterson, Jennifer M. Ohlendorf, Amy Y. Pan, Jacquelyn Kulinski

College of Nursing Faculty Research and Publications

Background

Hypertensive disorders of pregnancy (HDP) complicate about 10% of pregnancies and lead to postpartum hospital readmissions and cardiovascular complications. Following HDP, vascular dysfunction could persist and accelerate the trajectory of cardiovascular disease risk. The benefits of intensive blood pressure (BP) control following HDP have not been adequately investigated. Therefore, no standard guidelines exist to guide the management of mild-to-moderate hypertension in the postpartum period, leading to a wide variation in clinical practice. The present study will investigate the effect of intensive BP control and healthy lifestyle education on maternal cardiovascular health (CVH) and vascular function following HDP.

Methods

The …


Mesoporous Silica Administration As A New Strategy In The Management Of Warfarin Toxicity: An In-Vitro And In-Vivo Study, Fatemeh Farjadian, Fatemeh Parsi, Reza Heidari, Khatereh Zarkesh, Hamid Reza Mohammadi, Soliman Mohammadi-Samani, Lobat Tayebi Dec 2024

Mesoporous Silica Administration As A New Strategy In The Management Of Warfarin Toxicity: An In-Vitro And In-Vivo Study, Fatemeh Farjadian, Fatemeh Parsi, Reza Heidari, Khatereh Zarkesh, Hamid Reza Mohammadi, Soliman Mohammadi-Samani, Lobat Tayebi

School of Dentistry Faculty Research and Publications

Purpose:

Warfarin is one of the most widely used anticoagulants that functions by inhibiting vitamin K epoxide reductase. Warfarin overdose, whether intentional or unintentional, can cause life-threatening bleeding. Here, we present a novel warfarin adsorbent based on mesoporous silica that could serve as an antidote to warfarin toxicity.

Methods:

Amino-functionalized mesoporous silica (MS-NH2) was synthesized based on the co-condensation method through a soft template technique followed by template removal. The prepared structure and functional group were studied by Fourier transform infrared spectroscopy (FT-IR), and X-ray diffraction (XRD). Scanning electron microscopy (SEM) and transmission electron microscopy (TEM) checked the morphology. The …


Book Review: Transformative Negotiation: Strategies For Everyday Change And Equitable Futures, Peter R. Reilly Dec 2024

Book Review: Transformative Negotiation: Strategies For Everyday Change And Equitable Futures, Peter R. Reilly

Faculty Scholarship

This volume makes an immense contribution to the field of negotiation and to dispute resolution more generally. The book covers a vast amount of ground, effectively connecting theory to practice and harnessing large amounts of research to support its arguments and advice. Perhaps most importantly, this reviewer found reading the book to be—as the title suggests—a transformative experience.


Reframing A Data Sharing Mechanism For The Riparian Nations Of Helmand River Basin: Theory Of Planned Behavior Is Revisited, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez Dec 2024

Reframing A Data Sharing Mechanism For The Riparian Nations Of Helmand River Basin: Theory Of Planned Behavior Is Revisited, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

Data and information exchange plays a crucial role in fostering water cooperation between the riparian nations of a shared watercourse. Taking an integrated approach combining Discourse Analysis and Document Analysis, this research aims at elucidating the challenges and the potential opportunities of data and information exchange on the Helmand River, a drought-stricken river basin shared between upstream Afghanistan and downstream Iran. Drawing on the Theory of Planned Behavior (TPB), we offer nuanced perspectives on the data exchange model developed by Wehn. We argue that there are other underlying and essential elements that hinder the meaningful engagement of the riparian nations …


General Versus Interventional Gastroenterologists: A Comparative Analysis Of Follow-Up Outcomes After Endoscopic Mucosal Resection Of Colorectal Polyps, Mahmoud Y. Madi, Yassine Kilani, Hayden Rotramel, Michelle Baliss, Jill Elwing, Gregory Sayuk, Ahmad Bazarbashi Dec 2024

General Versus Interventional Gastroenterologists: A Comparative Analysis Of Follow-Up Outcomes After Endoscopic Mucosal Resection Of Colorectal Polyps, Mahmoud Y. Madi, Yassine Kilani, Hayden Rotramel, Michelle Baliss, Jill Elwing, Gregory Sayuk, Ahmad Bazarbashi

2020-Current year OA Pubs

Introduction Colorectal cancer (CRC) represents a major global health burden, significantly impacting mortality rates and healthcare systems worldwide. CRC screening through colonoscopy enables early detection and removal of precancerous polyps. While standard polypectomy suffices for small polyps, larger ones require endoscopic mucosal resection (EMR). Though post-EMR surveillance is crucial for preventing recurrence, it remains unclear whether follow-up by general gastroenterologists yields comparable outcomes to surveillance by interventional specialists. This distinction carries significant implications for resource allocation, particularly given the limited availability of interventional gastroenterologists whose expertise is needed for other complex procedures. Our study examines this unexplored question by comparing …


The Brief Mind Wandering Three-Factor Scale (Bmw-3), Anna-Lena Schubert, Gidon T Frischkorn, Kathrin Sadus, Matthew S Welhaf, Michael J Kane, Jan Rummel Dec 2024

The Brief Mind Wandering Three-Factor Scale (Bmw-3), Anna-Lena Schubert, Gidon T Frischkorn, Kathrin Sadus, Matthew S Welhaf, Michael J Kane, Jan Rummel

2020-Current year OA Pubs

In recent years, researchers from different fields have become increasingly interested in measuring individual differences in mind wandering as a psychological trait. Although there are several questionnaires that allow for an assessment of people's perceptions of their mind wandering experiences, they either define mind wandering in a very broad sense or do not sufficiently separate different aspects of mind wandering. Here, we introduce the Brief Mind Wandering Three-Factor Scale (BMW-3), a 12-item questionnaire available in German and English. The BMW-3 conceptualizes mind wandering as task-unrelated thought and measures three dimensions of mind wandering: unintentional mind wandering, intentional mind wandering, and …


Spine Mobilization Vs Manipulation: Effects On Neck Pain, Alfredo Loreto Dec 2024

Spine Mobilization Vs Manipulation: Effects On Neck Pain, Alfredo Loreto

Loma Linda University Electronic Theses, Dissertations & Projects

Several studies have found an association between cervical spinal mobilization (CSMob) and cervical spinal manipulation (CSM) on pain perception, disability, and satisfaction. However, choosing the proper technique continues to be a challenge for many practitioners. The purpose of this study was to clarify the discrepant evidence regarding the efficacy of a CSMob versus a CSM intervention as compared to a control group – hands-off, and patient education (PE) in isolation. 36 subjects with acute and non-specific mechanical neck pain were randomly assigned to one of 3 groups (CSMob, CSM, or control). Outcome measures using the Neck Disability Index (NDI), Numeric …


Microplastic Degradation Compared Among Dated Salton Sea Strandlines, Maria Alejandra Roman Medrano Dec 2024

Microplastic Degradation Compared Among Dated Salton Sea Strandlines, Maria Alejandra Roman Medrano

Loma Linda University Electronic Theses, Dissertations & Projects

This thesis investigates the environmental degradation of plastic materials, with a focus on polyethylene terephthalate (PET), through a multi-phase study conducted at the Salton Sea, a closed-basin lake in a semi-arid region of California. The research addresses three core objectives: (1) developing a microplastic (MP) extraction method tailored for clay-rich sediments, (2) characterizing surface degradation of various plastic types, including PET, BoPET, HDPE, LDPE, and EPS, using advanced microscopy and spectroscopy, and (3) examining the long-term weathering of PET through samples collected from dated lake strandlines.

The extraction protocol successfully isolates MPs without oxidation, using ZnCl₂ and extended soaking to …


Redressing Judicial Misbehavior: An Integrated Approach To Judicial Immunity, Nancy Amoury Combs Dec 2024

Redressing Judicial Misbehavior: An Integrated Approach To Judicial Immunity, Nancy Amoury Combs

Faculty Publications

Immunities generate intense public interest and controversy. Whether it is the sweeping presidential immunity that former President Trump has claimed or the qualified immunity that rogue police invoke to evade financial responsibility for their brutality, immunities stand as a highly contested aspect of the American legal system. Judicial immunity incites similar controversy. American judges possess absolute immunity from civil suits for their judicial acts, so victims are barred from seeking civil compensation, even against judges who engage in purposeful or malicious misconduct from the bench. For decades scholars have sought to curtail absolute judicial immunity, but they have overlooked a …


Preserving The Future Of Juries And Jury Trials, Paula Hannaford-Agor, Hope Forbush, Miriam Hamilton, Jawwaad Johnson, Morgan Moffett Dec 2024

Preserving The Future Of Juries And Jury Trials, Paula Hannaford-Agor, Hope Forbush, Miriam Hamilton, Jawwaad Johnson, Morgan Moffett

Faculty Publications

To preserve the future of juries and jury trials, the National Center for State Courts (NCSC) convened a meeting of representatives from a broad array of justice system stakeholders as a project under the Justice for All Reauthorization Act (JFARA). To frame the stakeholder discussions, NCSC employed strategic foresight, a methodological approach designed to explore a range of possible futures of juries and jury trials within the American justice system as a vehicle for identifying critical vulnerabilities within the current jury system and proposing targeted strategies to preserve and strengthen jury trials. Critical vulnerabilities are those areas of weakness that …


Colonial Policy, Ecological Transformations, And Agricultural “Improvement”: Comparing Agricultural Yields And Expansion In The Spanish And U.S. Philippines, 1870–1925 Ce, David Max Findley, Noel Amano, Ivana Biong, Greg Bankoff, Patricia Irene Dacudao, Francis A. Gealogo, Rebecca Hamilton, Ruel Pagunsan, Patrick Roberts Dec 2024

Colonial Policy, Ecological Transformations, And Agricultural “Improvement”: Comparing Agricultural Yields And Expansion In The Spanish And U.S. Philippines, 1870–1925 Ce, David Max Findley, Noel Amano, Ivana Biong, Greg Bankoff, Patricia Irene Dacudao, Francis A. Gealogo, Rebecca Hamilton, Ruel Pagunsan, Patrick Roberts

History Department Faculty Publications

Burgeoning global trade and colonial policies promoted transformations in land use and agriculture throughout tropical regions in the 19th and 20th centuries, but the local and regional ecological consequences of landscape changes are still being identified and analysed. The Philippine Archipelago, which experienced successive colonial regimes across more than 7100 islands, exemplifies the multiplicity of ecological outcomes produced by these transformations. To better characterise diverse landscape change, we use colonial censuses and datasets to assess land use, production and agricultural yields in the Philippines during the late Spanish and early U.S. colonial periods (ca. 1870–1925). Our novel digital, quantitative analysis …


From Race To Culture: Southeastern Mindanao Peoples And Their Crafts, 16th To 20th Centuries, Patricia Irene Dacudao Dec 2024

From Race To Culture: Southeastern Mindanao Peoples And Their Crafts, 16th To 20th Centuries, Patricia Irene Dacudao

History Department Faculty Publications

No abstract provided.


Efficacy And Feasibility Of Intradialytic Plantar Electrical Stimulation In Patients With Diabetes: A Randomized Double-Blind Controlled Trial, Myeounggon Lee, Abdullah Hamad, Mehrnaz Azarian, Jaewon Beom, Abderrahman Ouattas, Mohammad Dehghan Rouzi, Naima Rodriguez, Nhi Quach, Rania Ibrahim, Mincy Mathew, Talal Talal, Fadwa Al-Ali, Bijan Najafi Dec 2024

Efficacy And Feasibility Of Intradialytic Plantar Electrical Stimulation In Patients With Diabetes: A Randomized Double-Blind Controlled Trial, Myeounggon Lee, Abdullah Hamad, Mehrnaz Azarian, Jaewon Beom, Abderrahman Ouattas, Mohammad Dehghan Rouzi, Naima Rodriguez, Nhi Quach, Rania Ibrahim, Mincy Mathew, Talal Talal, Fadwa Al-Ali, Bijan Najafi

Center on Aging Staff Publications

Objective: This study investigates the efficacy and feasibility of electrical stimulation (E-Stim) on sensory fibers of the plantar region during hemodialysis sessions, aiming to improve mobility in patients with diabetes by providing a connection between E-Stim and enhanced mobility with minimal patient effort required.

Research design and methods: Participants aged ≥18 years with diabetes undergoing hemodialysis and able to walk at least 10 m with or without aid were recruited and divided into an intervention group receiving 1-h intradialytic E-Stim three times a week and a control group using an identical nonfunctional device for 12 weeks. Gait, physical activity, patient-reported …


Ta'tsir Al-Wasilah As-Sam'iyyah Al-Bashariyyah Fi Ta'allum Maharah Al-Istima' Li Al-Lughah Al-'Arabiyyah 'Ala Mukhtalif Al-Mustawayat., Ali Farhan, Asep Sopian Dec 2024

Ta'tsir Al-Wasilah As-Sam'iyyah Al-Bashariyyah Fi Ta'allum Maharah Al-Istima' Li Al-Lughah Al-'Arabiyyah 'Ala Mukhtalif Al-Mustawayat., Ali Farhan, Asep Sopian

Al-Arabi: Journal of Teaching Arabic as a Foreign Language

This study aims to identify the general trends in the impact of audio-visual media. The research examines the effects of audio-visual media on listening skills and motivation in Arabic language learning, considering educational levels, research design,


We Are All Cafeteria Originalists Now (And We Always Have Been), Jack M. Balkin Dec 2024

We Are All Cafeteria Originalists Now (And We Always Have Been), Jack M. Balkin

William & Mary Bill of Rights Journal

In Memory and Authority, I argue that Americans, both in politics and in constitutional culture, are "‘cafeteria originalists.’ They pick and choose when to follow the views of the founders, framers, or adopters (as they understand them) and often artfully recharacterize these principles to support contemporary political and legal arguments.” Like customers in a cafeteria who take the chocolate cake and leave the boiled kale, Americans pick the features of the framers they like to support their arguments, and leave other, less savory, features behind.

[...]

My central claim is that cafeteria originalism is not a pathology or a …


Learning To Read Like An Eighteenth-Century Lawyer: The Historical Critique Of Originalism Revisited, Saul Cornell Dec 2024

Learning To Read Like An Eighteenth-Century Lawyer: The Historical Critique Of Originalism Revisited, Saul Cornell

William & Mary Bill of Rights Journal

Historians have been among the fiercest critics of originalism. Among the many virtues of Jack Balkin’s book, Memory and Authority, is the deft way he analyzes and dismantles these efforts to insulate originalism from historical critique. In a short essay, it would be impossible to fully acknowledge the sophistication of Balkin’s analysis. Instead, I would like to build on his impressive achievement by pointing out additional problems with the originalist response to historical critique.

This abstract has been taken from the author's opening paragraph.


Shared Memories And Constitutional Foundations, Sanford Levinson Dec 2024

Shared Memories And Constitutional Foundations, Sanford Levinson

William & Mary Bill of Rights Journal

It is significant that the first word in the title of Jack Balkin’s new book [Memory and Authority] is “memory.” A repeated theme of the book is that what binds a nation—or a constitutional order—together is shared memories around which diverse individuals can gather together and therefore establish themselves as a community. Balkin refers to an impressive array of sources with regard to the topic of “public memory,” but I want to concentrate on one of them, which is cited but not extensively discussed. That is Ernest Renan’s famous speech, delivered at the Sorbonne in Paris on March …


Reproductive Injustice, Feminist Resistance, And The Uses Of History In Constitutional Interpretation, Serena Mayeri Dec 2024

Reproductive Injustice, Feminist Resistance, And The Uses Of History In Constitutional Interpretation, Serena Mayeri

William & Mary Bill of Rights Journal

Part I examines the erasure of constitutional memory about reproductive injustice and feminist mobilizations and the benefits of recovering these histories. Part II explores how cases involving women’s subordination provide particularly effective illustrations of the anti-democratic, even absurd, results the current supermajority’s approach to history-and-tradition is designed to produce. Part III concludes with a brief discussion of some sites for the expansion of constitutional memory about reproductive control and freedom.

This abstract has been taken from the author's introduction.