Digital Commons Network^™

After Smith Falls: Corporate Free Exercise Lochnerism, Daniel J.H. Greenwood, Nicholas E. Tramposch

Hofstra Law Faculty Scholarship

While the Supreme Court has extended many constitutional privileges to business corporations, it has not held that they have a full constitutionally protected right to practice religion comparable to that of citizens. Employment Division v. Smith long served as a barrier to Free Exercise claims for special exceptions to neutral and generally applicable laws. But as the Court moves away from Smith, the issue of corporate Free Exercise rights must be confronted. The freedom of religion is a critically important individual right in a free country. But individual rights often conflict with collective religious practice; religious freedom is the opposite …

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the "warrant of commitment." Judges issued these warrants to jail defendants pending trial.

This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant-a process that currently falls far short of fulfilling its constitutional and historical function.

History supports …

The Modern Way To Write A Statute Is To Tell A Story, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

Except for the United States, the English-speaking world has been moving toward writing statutes as stories with characters and plot tensions. British statutes are the most advanced in this respect.

To illustrate the British method, the key statutes in the Mar-a-Lago Indictment are redrafted in this article to resemble the form they would take if recently enacted by Parliament. l compare the statutes and the redrafts side-by-side. And I do the same thing with two sections of the Electoral Count Act, which governs what Congress does on every January 6 following a presidential election year.

The article explains how the …

A Phenomenological Study On University Students’ Perceptions And Attitudes Of The Effectiveness Of Mobile Apps On Communicative Competence, Leveth Jackson

Theses and Dissertations

This phenomenological study is focused on understanding how university students who are learning English as a foreign language (EFL) perceive and experience using mobile application on their speaking abilities. The primary goal was to examine the perception and attitudes of EFL learners towards using mobile apps for independent English-speaking practice and creating a customized learning experience outside of the classroom.

The researcher also investigated the participants’ views on the challenges and advantages of incorporating mobile apps into university speaking courses. The findings of this investigation may inform language educators at universities on the potential benefits of using mobile apps in …

African American Parents And School-Based Parental Involvement At The Secondary Level, Mark A. Dykes

Theses and Dissertations

Parental involvement is a multifaceted construct that includes school-based, home-based, and academic socialization. School-based parental involvement in education has been positively associated with academic achievement for all students. However, educational leaders are challenged to get parents involved in school-based activities, such as the School Site Council, Parent Council, and Open Houses.

The purpose of this qualitative descriptive study is to examine the reasons why African American parents are not fully involved in the policymaking and organizational activities at the target secondary school. This study is guided by the combined conceptual frameworks of Critical Race Theory, the Hoover-Dempsey and Sandler framework, …

Stakeholder Participation And Perceptions In Professional Learning Communities: A Case Study In A Small, Rural School District, Rachel M. Kowalski

Theses and Dissertations

This applied dissertation explored the interplay between collaboration within PLCs and classroom teacher perceptions of PLC implementation within a small, rural district. It examined how the involvement of different stakeholders in PLCs connects to overall perceptions of professional learning communities and how the participation of principals, administrators, and paraprofessionals shapes collaboration. The unique setting of a small and rural school district allowed the study to consider close interpersonal relationships that are common within these settings since these districts have limited human resources and individuals serve in various capacities within the organization. When stakeholders actively participate in PLCs, concerns arise about …

Acculturative Stress, Depression, & Anxiety Among Arab Americans, Sally Kafelghazal M.S.

Theses and Dissertations

Arab Americans, those who themselves or their ancestors have immigrated fromthe Middle East or North Africa to the United States, experience a lot of stress as a result of balancing varying cultures, known as acculturative stress. Due to the underrepresentation and misrepresentation of Arabs in Americans, as well as the taboo that exists in the Arab culture regarding poor mental health and seeking mental health services, the mental health impacts of acculturation stress among this population are scarcely studied. This dissertation aims to further understand ways in which acculturative stress impacts early generational Arab American adults, including immigrants and refugees, …

An Exploratory Study Of Ombuds As Agents Of Change: From Observation To Action, Michael A. Wahlgren

Department of Conflict Resolution Studies Theses and Dissertations

This research focuses on identifying successful approaches used by university ombuds offices to enact change regarding dispute resolution options within their academic institute. The field of Ombuds has grown steadily in North America since the 1970s and is widely used by private industry, academia, and government organizations to deploy alternative dispute resolution techniques, an often cheaper and more successful means of conflict resolution compared to the traditional litigious approach. Identifying how ombuds approach promoting change requires understanding the dispute resolution system and the conditions that produce conflict. Based on interviews with 10 current university ombuds officers from a variety of …

A Case Study Analysis Of The Financial Structure Of Boko Haram In Nigeria, John O. Opara

Department of Conflict Resolution Studies Theses and Dissertations

This study examined the various techniques used by Boko Haram (BH) to source funds for its violent activities in Nigeria. The study also examined the reasons why the group maintains support from the locals and others despite the violence the group has caused in Nigeria. A case study qualitative research technique was selected by using Key Informant Interviews (KII) and relevant document review to gather data to address the central questions of why Boko Haram has support, and why it maintains a strong financial structure. Findings of the study revealed that Boko Haram has several sources of funding and support …

Giving Voice To The Victims Of The Insurgency In Eastern Uganda In The Late 1980s And Early 1990s: A Phenomenological Research Study, Lawrence Egulu

Department of Conflict Resolution Studies Theses and Dissertations

After five years of protracted guerilla warfare, Uganda’s current President Yoweri Museveni capturedpower in January 1986, displacing the preceding regime that had been dominated by Northern politicians and Eastern Ugandans (army and police). Feeling humiliated, deprived, and out of government, several rebel insurgencies erupted, among which was the Uganda People’s Army in the Teso region. The experiences of the affected population at the hands of the army, rebels, and the Karamojong cattle raiders from the North East have remained largely unexplored, unheard, and undocumented outside of the region, and neither have how the victims made meaning of their conditions. The …

Assessing Organizational Investments In Cybersecurity And Financial Performance Before And After Data Breach Incidents Of Cloud Saas Platforms, Munther B. Ghazawneh

CCAC Theses and Dissertations

Prior research indicated that providing inappropriate investment in organizations for Information Technology (IT) security makes these organizations suffer from IT security issues that may cause data breach incidents. Data breaches in cloud Software as a Service (SaaS) platforms lead to the disclosure of sensitive information, which causes disruption of services, damage to the organizational image, or financial losses. Massive data breaches still exist in cloud SaaS platforms which result in data leaks and data theft of customers in organizations.

IT security risks and vulnerabilities cost organizations millions of dollars a year as organizations may face an increase in cybersecurity challenges. …

Enhancing Sentiment Analysis In Niche Domains: Introducing Diverse Datasets And Evaluating Model Performance In Car Dealership And Board Game Reviews, Kimon Andreou

CCAC Theses and Dissertations

The field of Natural Language Processing (NLP) has witnessed significant advancements in recent decades, with text classification emerging as a critical task, particularly in sentiment analysis applications. However, a constant challenge within sentiment analysis research is the scarcity of diverse and specialized labeled datasets. The present dissertation addresses this gap by developing two novel, labeled textual datasets sourced from niche areas: BoardGameGeek.com's top 250 board game reviews and TrustPilot.com's car dealership reviews

The main goal of this dissertation is to enrich sentiment analysis methodologies by providing unique datasets and insights into the performance of current models within specialized domains. By …

English-Spanish Bilingual Speech Language Pathologists’ Experiences Using Conceptual Scoring To Evaluate English Language Learner Students In A Large School District, Barbara De Jesus Rivera

Speech Language Pathology Dissertations

The number of bilingual students has increased across schools in the United States. Assessment in both the native language and English is considered the standard for evaluating bilingual children referred for language testing. Conceptual Scoring is an evaluation approach for bilingual students that considers the student’s responses in both languages to obtain an overall language score. The current study (a) sought to explore the decision-making process of bilingual SLPs when evaluating bilingual students, (b) to gain a deeper understanding on how bilingual SLPs incorporate conceptual scoring in the evaluation process, and (c) to explore what areas are considered strengths and …

Clinical Classification Of Memory And Cognitive Impairment With Multimodal Digital Biomarkers, Russell Banks, Connor Higgins, Barry R Greene, Ali Jannati, Joyce Gomes-Osman, Sean Tobyne, David Bates, Alvaro Pascual-Leone

Faculty, Staff and Students Publications

Introduction: Early detection of Alzheimer's disease and cognitive impairment is critical to improving the healthcare trajectories of aging adults, enabling early intervention and potential prevention of decline.

Methods: To evaluate multi-modal feature sets for assessing memory and cognitive impairment, feature selection and subsequent logistic regressions were used to identify the most salient features in classifying Rey Auditory Verbal Learning Test-determined memory impairment.

Results: Multimodal models incorporating graphomotor, memory, and speech and voice features provided the stronger classification performance (area under the curve = 0.83; sensitivity = 0.81, specificity = 0.80). Multimodal models were superior to all other single modality and …

De Minimis Non Curat Lex?: Law And Little Things, William Ian Miller

Book Chapters

We are all familiar with the maxim de minimis non curat lex. It is not true at all; a good portion of law is concerned with nothing if not little things. Yes, there are often jurisdictional amounts that purport to deny jurisdiction to disputes too trivial for the courts to get moving. But sometimes these amounts are so minimal that it falsifies the maxim, a maxim which is not classical, apparently being a late medieval modification of de minimis non curat praeter.<.p>

Ownership Topology Of Vertically-Scaled Agile, William Dabney

Theses

Much as Scrum, Kanban, and XP are used to structure team-level agility, those wishing to take agility beyond the team level often turn to proven solutions. The most popular, which aim to scale development by adding teams under a shared collective ownership rather than separating them into discrete units, are the Scaled Agile Framework (SAFe), Large Scale Scrum (LeSS), and Nexus. These frameworks advocate for aligning ownership subdivisions along features rather than code, which allows teams working on the same product to do so autonomously. While the benefits of this have been researched, the topology of ownership in these frameworks …

Review Of Literature On Efficacy And Safety Of Birthing Positions With Emphasis On International Cultural Influences On Obstetric Care, Ava E. Retsch

Theses

• Background: When examining most non-Westernized societies, parturients hold all the power in the birthing space with traditional birth attendants and medical staff serving as guiding forces and protectors, not directors of the process. Social media in Western countries is filled with stories from birthing people who felt unsupported, ignored, or discriminated against by their healthcare providers; this is particularly prevalent in parturients who express a preference for non-supine birthing positions. Methods: This work is a review of the existing body of literature on quantitative and qualitative outcome measures of alternative birthing positions. In total, 44 articles were analyzed …

Reflective And Dialogical Approaches In Engineering Ethics Education, Lavinia Marin, Yousef Jalali, Alexandra Morrison, Cristina Voinea

Michigan Tech Publications

This chapter addresses the challenges of implementing reflective thinking in engineering ethics education (EEE). It examines existing methods for teaching ethical reflection in EEE and argues that pedagogical activities aiming to foster ethical reflection need to be infused with dialogical interactions and, at a deeper level, informed by dialogism. Dialogism is understood as a relational approach to inquiry in which interactions between moral agents enable them to develop their own understandings through the process of finding shared meanings with the others in activities such as sharing reasons and deliberation. Drawing on pragmatism and phenomenology, the authors conceptualize reflection as a …

Proposed Diagnostic Criteria For The Diagnosis Of Hypophosphatasia In Children And Adolescents: Results From The Hpp International Working Group., Eric T. Rush, Maria Luisa Brandi, Aliya Khan, Dalal S. Ali, Hatim Al-Alwani, Khulod Almonaei, Farah Alsarraf, Severine Bacrot, Kathryn M. Dahir, Karel Dandurand, Chad Deal, Serge Livio Ferrari, Francesca Giusti, Gordon Guyatt, Erin Hatcher, Steven W. Ing, Muhammad Kassim Javaid, Sarah Khan, Roland Kocijan, E Michael Lewiecki, Agnes Linglart, Iman M'Hiri, Francesca Marini, Mark E. Nunes, Cheryl Rockman-Greenberg, Christian Roux, Lothar Seefried, Susan Starling, Leanne Ward, Liang Yao, Romina Brignardello-Petersen, Jill H. Simmons

Manuscripts, Articles, Book Chapters and Other Papers

Hypophosphatasia (HPP) is a rare inborn error of metabolism that presents variably in both age of onset and severity. HPP is caused by pathogenic variants in the ALPL gene, resulting in low activity of tissue nonspecific alkaline phosphatase (TNSALP). Patients with HPP tend have a similar pattern of elevation of natural substrates that can be used to aid in diagnosis. No formal diagnostic guidelines currently exist for the diagnosis of this condition in children, adolescents, or adults. The International HPP Working Group is a comprised of a multidisciplinary team of experts from Europe and North America who have expertise in …

Association Of Primary Care Physicians' Electronic Inbox Activity Patterns With Patients' Likelihood To Recommend The Physician, Lisa S Rotenstein, Edward R Melnick, Molly Jeffery, Jianyi Zhang, Christine A Sinsky, Richard Gitomer, David W Bates

Faculty, Staff and Students Publications

No abstract provided.

The American Antimonopoly Tradition: Origins, Contradictions, Transformations, Daniel A. Crane

Articles

Proponents of antitrust reform argue for the rediscovery of an American antimonopoly tradition that predated the Sherman Act by centuries and suggests the reimagination of a more robust contemporary policy against concentrated economic power. But historically there have been a number of distinct and often contradictory strands of American antimonopoly. The American colanists inherited a weak, recent, and largely invented antimonopoly common law tradition focused on exclusive grants of privilege from the crown. In the nineteenth century, antimonopoly became a generative and ubiquitous concept in state legislatures and courts, but one with multiple, inconsistent meanings that evolved in the decades …

Majorie In War And Peace, Gary R. Mormino

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.

A Star Fell On Florida And The Magic Circle, Stetson Kennedy

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.

Marjorie Kinnan Rawlings Writing Award Co-Winner Undergraduate Essay: "Trauma And Tranquility: Rawlings's And Hemingway's Tales Of Transformation", Simon Cole

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.

A Fractured Supreme Court: Select Criminal Law And Procedure Cases From The Supreme Court’S 2023-24 Term, Eve Brensike Primus, Jordan Schuler

Articles

In its 2023-2024 Term, the Supreme Court outlined the contours of when a former President of the United States would be immune from criminal prosecution; issued important decisions interpreting the scope of the Cruel and Unusual Punishments Clause, the Double Jeopardy Clause, the Confrontation Clause, and the Second Amendment right to bear arms; decided a number of important statutory interpretation cases; and continued to avoid Fourth Amendment issues, only addressing them in the context of a malicious prosecution charge. Perhaps more striking than the Court’s decisions in these cases, though, was the Justices’ lack of consensus. Of the 16 criminal …

A Law At War With Itself: Character Evidence And The Doctrine Of Chances, Len Niehoff, Shannon Hickey

Articles

Certain legal principles have raging within them a kind of civil war. Important but abstract policy concerns pull the doctrine in one direction; common sense and practical experience pull it in another. Casualties ensue.

Perhaps no body of legal doctrine better exemplifies this sort of internal conflict than the general ban on character evidence, as embodied in Federal Rule of Evidence 404(a)(1). That rule states: “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with that character or trait.” The rule has deep roots in the …

The Joy Of The Fight: What Litigators Can Learn From The Martial Arts, Len Niehoff, Tim Lynch

Articles

You walk into a martial arts training studio (in Japanese styles, a dojo) and you scan the room. Everything going on here looks, well, unpleasant. In one corner, you observe a group of students performing kata, choreographed sequences of kicks, punches, and blocks that simulate the experience of fighting multiple opponents. Sweat pours off them. In another corner, you see two students engaged in sparring exercises, or kumite. The sharp, smacking noise of one student striking the protective pads worn by another carries across the room. In a third corner, you notice students doing push-ups, working their muscles until their …

Expert Review Of Child And Caregiver Critiques Of A Therapeutic Guided Imagery Therapy Mobile Application Targeting Disorders Of Gut-Brain Interaction In Children, John M Hollier, Tiantá A Strickland, C Michael Fordis, Robert J Shulman, Debbe Thompson

Faculty, Staff and Students Publications

BACKGROUND: A guided imagery therapy mobile application (GIT App) is a novel platform for treating children with disorders of gut-brain interaction (DGBI). Previous feedback from child/caregiver dyads suggested modifications for our App prototype. However, their feedback had the potential to affect the intervention's efficacy. Thus, we aimed to have their critiques vetted by relevant experts prior to further App refinement.

OBJECTIVE: Compare expert reviews of the GIT App with end-users' (i.e., child/caregiver dyads') feedback.

METHODS: This mixed-methods study with experts included a hands-on App evaluation, a survey assessing usability, and focus groups comparing their perspectives with those previously provided by …

The Tb27 Transcriptomic Model For Predicting Mycobacterium Tuberculosis Culture Conversion, Maja Reimann, Korkut Avsar, Andrew R Dinardo, Torsten Goldmann, Gunar Günther, Michael Hoelscher, Elmira Ibraim, Barbara Kalsdorf, Stefan H E Kaufmann, Niklas Köhler, Anna M Mandalakas, Florian P Maurer, Marius Müller, Dörte Nitschkowski, Ioana D Olaru, Cristina Popa, Andrea Rachow, Thierry Rolling, Helmut J F Salzer, Patricia Sanchez-Carballo, Maren Schuhmann, Dagmar Schaub, Victor Spinu, Elena Terhalle, Markus Unnewehr, Nika J Zielinski, Jan Heyckendorf, Christoph Lange

Faculty, Staff and Students Publications

RATIONALE: Treatment monitoring of tuberculosis patients is complicated by a slow growth rate of Mycobacterium tuberculosis. Recently, host RNA signatures have been used to monitor the response to tuberculosis treatment.

OBJECTIVE: Identifying and validating a whole blood-based RNA signature model to predict microbiological treatment responses in patients on tuberculosis therapy.

METHODS: Using a multi-step machine learning algorithm to identify an RNA-based algorithm to predict the remaining time to culture conversion at flexible time points during anti-tuberculosis therapy.

RESULTS: The identification cohort included 149 patients split into a training and a test cohort, to develop a multistep algorithm consisting of …

Autophagy Determines Distinct Cell Fates In Human Amnion And Chorion Cells, Mary Elise L Severino, Lauren Richardson, Ananth Kumar Kammala, Enkhtuya Radnaa, Kamil Khanipov, Leslie Michelle M Dalmacio, Indira U Mysorekar, Marian Kacerovsky, Ramkumar Menon

Faculty, Staff and Students Publications

Human fetal membranes (amniochorion) that line the intrauterine cavity consist of two distinct cell layers; single-layer amnion epithelial cells (AEC) and multilayer chorion trophoblast cells (CTC). These layers are connected through a collagen-rich extracellular matrix. Cellular remodeling helps support membrane growth and integrity during gestation and helps to maintain pregnancy. Preterm prelabor rupture of the human amniochorionic (fetal) membrane (pPROM) is antecedent to 40% of all spontaneous preterm birth. Oxidative stress (OS) induced activation of the p38 MAPK due to various maternal risk exposures and the amniochorion cells' senescence are reported pathological features of pPROM. Our transcriptomics analysis implicated dysregulated …